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HomeMy WebLinkAbout1997/11/12 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting November 12, 1997 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 8:16 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California ROLL CALL COMMISSIONERS: PRESENT: David Barker, William Bethel, Rich Macias, Larry McNiel, Peter Tolstoy ABSENT: None STAFF PRESENT: Brad Bullet, City Planner;, Michael Estrada, Deputy City Attorney; Nancy Fong, Senior Planner; Tom Grahn, Associate Planner; Steve Hayes, Associate Planner; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Gall Sanchez, Planning Commission Secretary ANNOUNCEMENTS There were no announcements. APPROVAL OF MINUTES Motion: Moved by Tolstoy, seconded by Bethel, carried 4-0-0-1 (McNiel abstain), to approve the minutes of October 22, 1997. CONSENT CALENDAR A. DESIGN REVIEW 97-20 FOR TENTATIVE TRACT 15531 - HARWOOD HOMES - The design review of the detailed site plan and building elevations for a previously approved residential subdivision of 30 lots on 10.6 acres of land in the Low Residential District (2-4 dwelling units per acre), located on the north side of 19th Street, between Mayberry Avenue and Morocco Street-APN: 1076-141-01 and 02 and 1076-131-01. Motion: Moved by Bethel, seconded by Macias, carried 5-0, to adopt the Consent Calendar. PUBLIC HEARINGS B. CONDITIONAL USE PERMIT 97-11 - FINAL SCORE - A request to expand the existing bar and restaurant with entertainment by adding approximately 1,400 square feet of outdoor seating ama, in the Community Commercial District of the Foothill Boulevard Specific Plan, located at 8411 Foothill Boulevard - APN: 207-571-75. Related file: Entertainment Permit 93~03. C. ENTERTAINMENT PERMIT 93-03 MODIFICATION - FINAL SCORF - A request to expand the days and hours of entertainment and add dancing for an existing bar and restaurant with outdoor seating area, in the Community Commercial District of the Foothill Boulevard Specific Plan, located at 8411 Foothill Boulevard - APN: 207-571-75. Related file: Conditional Use Permit 97-11. Nancy Fong, Senior Planner, presented the staff repod. Chairman Barker opened the public hearing. Gary Rausa, Final Score, 8411 Foothill Boulevard, Rancho Cucamonga, gave a brief history of Final Score. He stated they have received a number of temporary occupancy permits and had no complaints. He observed that residents have complained that his customers go up on the railroad tracks and said the people on the tracks are gang members, not his customers. He showed pictures of the neighborhood surrounding his project. He felt their temporary occupancy permits have proved they can have bands without building the vestibule or having security guards. He commented they still plan to put up fencing and dense landscaping in the back area. He said they can't afford to build the vestibule ordo the other improvements. He felt that traffic on Foothill Boulevard is louder than any noise coming from the Final Score. Commissioner McNiel asked where the vestibule was supposed to go. Mr. Rausa showed where the vestibule was supposed to be built. He said the doors to the patio will be closed during any entertainment. He repoded they have used the side door during entertainment and that has deflected the noise toward Foothill Boulevard with the front door being used only for handicap access. He stated there have only been 10 Police calls this year. He remarked that smoking will be banned indoors as of January 1, 1998, and said he needs the outdoor patio in order to allow smoking. He showed pictures of the outdoor patio and indicated he would like the patio to be open until 10 p.m. on nights when there is no entertainment. He said they have been approved by the Alcohol Beverage Control Board and indicated they host a number of charity benefits. Commissioner McNiel noted there were a number of conditions which had not yet been completed. Mr. Rausa confirmed they have not built the vestibule and said they have been trying to prove it will not be necessary in order to cut costs. He said they wanted to be sure their application is approved before they put in the fencing or landscaping. Commissioner McNiel thought the fencing and landscaping had been part of the previous approval. Mr. Rausa replied that the entire fence had not been required. Commissioner McNiel stated the conditions had been added based on problems perceived at the time of the last approval. Mr. Rausa stated the problems had not been proved. He indicated they will meet all conditions pdor to approval this time. He requested they not have to put in the vestibule so they could put the money toward the patio. George Leighton, Acoustical Consultant, 1307 South Euclid Avenue, Anaheim, indicated he had recommended a vestibule because Mr. Rausa had rejected his first suggestion to use the side door as the main door during entertainment. He stated the side door deflects the noise away from the residences. He remarked that because Mr. Rausa has reverted back to the original recommendation to use the side door, there is no need for a vestibule. He felt they had shown two years ago that noise problems no longer exist. He said that noise levels from music will be far below the community noise ordinance. He recommended that the stipulation for a vestibule be dropped. Planning Commission Minutes -2- November 12, 1997 Commissioner McNiel asked if the side door could be used for handicap access. Mr. Rausa replied that handicapped access coutd be through the side door. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner McNiel felt they are running a pretty clean operation but said he was concerned because of the proximity to that stretch of Foothill Boulevard. He noted that staff had recommended expanding the entedainment to 1 a.m. from Thursday through Saturday and said he was not sure about Thursdays. He observed that staff recommended denial of the request to allow alcohol on the patio. He suggested separating the patio from entertainment and closing the patio on nights when there is entedainment. He felt it is appropriate to have a glass of wine with an evening meal. Commissioner Tolstoy expressed concern that the last time the applicant appeared before the Commission, the Commission requested fencing, landscaping, and a vestibule. He felt the applicant should have requested a modification to the previous conditional use permit. He observed that the fencing and landscaping have not been installed and said there has not been continuous entertainment, only special events. He noted there had been no temporary use permits during 1997. He did not feel the Commission should consider granting expanded entertainment until the applicant meets all the requirements and has had entertainment for a period of six months or so because it is not known if continuous entedainment will cause a problem. Commissioner Bethel commented that one-time entertainment does not prove an ability to handle on-going entertainment. He thought it crucial that the Commission consider that the applicant had not met all the conditions from the first approval. Commissioner Macias noted the odginal requirement for fencing and landscaping had not been met. He felt the applicant showed poor judgement in coming before the Commission tonight without having met the previous conditions. Chairman Barker commented the applicant was asking to expand the entertainment use, but had not had entertainment. He felt there was no way of evaluating the use. Commissioner Macias asked how staff arrived with a suggested review threshold of six months. Brad Buller, City Planner, replied that six months has been used for evaluation of other uses in the past. Commissioner Tolstoy thought that problems tend to surface after that time. He felt the City needs to have a track record to judge before expanding the use. Commissioner McNiel felt the City has sufficient measures in place for its protection. He noted the applicant can't offer entertainment until he is compliance and said the City can't get a measurement until the entertainment is operational. He said he would be willing to grant Thursday night but not until 1 a.m. Commissioner Macias asked how enfomement would be handled if alcohol were to be denied on the patio. Mr. Bullet replied the conditional use permit could be brought back before the Commission for consideration of revocation if the applicant were caught serving alcohol on the patio. He noted the Alcohol Beverage Control Board requires City approval. Planning Commission Minutes -3- November 12, 1997 Commissioner Macias said he concurred with Commissioners Bethel and Tolstoy that the conditions should be met and entertainment should be in existence before consideration of expansion. Chairman Barker asked for the Commissioner's feelings regarding elimination of the requirement for a vestibule. Commissioners Tolstoy and Bethel wanted to have a repod from the acoustical engineer indicating a vestibule is not necessary. Commissioner McNiel was willing to eliminate the requirement if there is sound evidence to support deletion would not be harmful. Chairman Barker requested comments regarding the sale of alcohol on the patio. Commissioner Macias expressed opposition. Commissioner McNiel thought people will move from indoors to the outside and said he felt it would be adequate to close the patio during entertainment. Commissioner Tolstoy acknowledged many people like a glass of wine with dinner but felt the patio is too close to nearby residences. Commissioner Bethel and Chairman Barker felt there should be no alcohol on the patio. Chairman Barker said he preferred to wait for the acoustical report regarding the vestibule and he felt there should be entertainment for a period of time before the Commission considers expanding the use. Mr. Bullet suggested that the applicant provide an update to the acoustical report and staff prepare two resolutions of denial for Commission consideration on December 10, 1997. He noted the applicant could withdraw the applications and resubmit them at a later time. Motion: Moved by Bethel, seconded by McNiel, to direct staff to prepare resolutions of denial for Conditional Use Permit 97-11 and Modification to Entertainment Permit 93-03 for Commission action on December 10, 1997. Motion carried by the following vote: AYES: BARKER, BETHEL, MAClAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 15074 - ESTATE OF JOHN LYNN PERDEW, MR. DENNING PERDEW. EXECUTOR - A subdivision of 0.9 acres of land into two parcels in the Low Residential District (2-4 dwelling units per acre), located on the north side of La Vine Street and 280 feet east of Hellman Avenue - APN: 202-071-02. Dan James, Senior Civil Engineer, presented the staff report. Commissioner McNiel asked if the sidewalks are consistent with what is proposed in the future. Mr. James replied the General Plan requires completion of frontage improvements including sidewalks upon development, even for subdivisions. He indicated there will probably not be much of an opportunity in the future to install connecting sidewalks. Planning C~mmission Minutes -4- November 12, 1997 Chairman Barker opened the public hearing. Denning Perdew, 2595 Montgomery Avenue, Cardiff by the Sea, asked that the requirements for sidewalks and street lights be deleted because of lack of functionality and the hardship presented. He said there are currently no sidewalks on La Vine and he felt if they put one in, there is little likelihood it would be used. He observed it will likely be many years in the future before anyone else is required to install street lights on La Vine because La Vine is part of Old Town Alta Loma and most properties can't be further subdivided. He felt they were being asked to undertake costly improvements that would not be useful. Hearing no fudher testimony, Chairman Barker closed the public hearing. Commissioner Tolstoy asked what street lighting is currently available on La Vine. Mr. James replied that the current street lights are mounted on telephone poles with the nearest one being 50 feet east of the property line. He said the street frontage totals 125 feet and the spacing of street lights is supposed to be 120 to 130 feet. Commissioner Tolstoy asked if there is a street light to the west of the property. Mr. James did not recall any to the west. He said it was his understanding that there is basically no cost to install street lights on power poles. Commissioner Tolstoy felt the applicant was basically correct about the prospect of future sidewalks on La Vine. He did not think a sidewalk should be required. He thought there should be a requirement for adequate lighting and, if it was determined that lighting is needed, he preferred it be on a power pole to be consistent with the remainder of the street. Commissioners Bethel, McNiel, and Macias concurred with Commissioner Tolstoy. Chairman Barker agreed it would be illogical to lay such a heavy cost on the property.owner. Motion: Moved by Bethel, seconded by McNiel, to issue a Negative Declaration and adopt the resolution approving Parcel Map 15074 with modification to delete the requirement for a sidewalk and to allow installation of a street light on the power pole if determined necessary by the City Engineer. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 15091 - CENTEX HOMES - A subdivision of 1.09 acres of land into three parcels in the Very Low Residential District of the Etiwanda Specific Plan, located on the south side of East Rancho Estates Place, west of Etiwanda Avenue - Lot B of Tract 12659-1. Related flies: Tract 12659-1. Dan James, Senior Civil Engineer, presented the staff report. Chairman Barker opened the public hearing. Scott Nowak, Centex Homes, 2280 Wardlow Circle, Suite 150, Corona, stated the application will complete the total number of buildable lots on the site plan. Planning Commission Minutes -5- November 12, 1997 · Hearing no further testimony, Chairman Barker closed the public hearing. Motion: Moved by McNiel, seconded by Tolstoy, to issue a Negative Declaration and adopt the resolution approving Parcel Map 15091. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried F. SIGN ORDINANCE AMENDMENT 97-03 ;'CASTILLO COMPANY, INC, - A request to amend the Sign Ordinance by adding regulations to allow for the identification of subtenants of a major or anchor tenant within shopping centers. Tom Grahn, Associate Planner, presented the staff report. Commissioner Bethel asked if a hot dog stand of 20 feet x 20 feet could have a sign. Mr. Grahn confirmed that it could. Commissioner Bethel feared that monument signs will then look like those in other cities. Brad Bullet, City Planner, pointed out that the size of monument signs is limited and that too many names on a sign makes the sign copy unreadable. Chairman Barker opened the public hearing. John Vlaming, Castillo Co., Inc. 2345 East University Drive, Phoenix, Arizona, felt it is a good idea to allow subtenant signage on monument signs. Hearing no fudher testimony, Chairman Barker closed the public hearing. Commissioner Tolstoy stated that retail business has changed over the years. He remarked that he would have said it was inappropriate to allow subtenant signage when the odginal sign ordinance was written; however, he felt it is now appropriate to allow such signage. He supported wall signage; but was concerned there may be requests for more monument signage if subtenant signs are allowed. Mr. Bullet stated that up to eight names may be placed on a monument sign. Commissioner Tolstoy felt that should allow for subtenants in some centers. Commissioner Macias concurred with Commissioner Tolstoy. Commissioner McNiel agreed with respect to service stations. He observed that separate signs have been allowed for different uses predicated upon separate entrances; i.e., Office Max, Furniture Max, Copy Max. He commented the Commission previously approved a grocery store at the nodhwest corner of Foothill Boulevard and Vineyard Avenue with multiple subtenants. He said he could find a bank in a grocery store without having exterior signage. He expressed hesitation regarding starling the process on eternal expansion of subtenants. Commissioner Bethel concurred with Commissioner McNiel. Chairman Barker concurred with Commissioners Tolstoy and Macias. Planning Commission Minutes . -6- November 12, 1997 Motion: Moved by Macias, seconded by Tolstoy, to adopt the resolution recommending approval of Sign Ordinance Amendment 97-03. Motion carried by the following vote: AYES: BARKER, MACIAS, TOLSTOY NOES: BETHEL, MCNIEL ABSENT: NONE - carried Commissioner Tolstoy commented that he did not feel a McDonalds sign should be allowed. The Planning Commission recessed from 9:44 p.m. to 9:55 p.m. NEW BUSINESS G. APPEAL OF TREE REMOVAL PERMIT 97-16 - RED HILL COUNTRY CLUB GOLF COURSE - An appeal of the City Planner's decision regarding tree replacement for the removal of 10 trees at the Red Hill Country Club Golf Course, located at 8353 Red Hill Country Club Drive - APN: 207-011-49 and 207-101-03, 23, and 35. Brent Le Count, Associate Planner, presented the staff report. Chairman Barker invited public comment. Earle Linder, 2249 Del Marino, La Verne, stated he is President of Red Hill Golf Course and he introduced Jim Poder, the PGA professional who is responsible for overseeing the course. He said he did not believe Red Hill Golf Course was taken into account when the ordinance was written. He thought they have over 1,500 trees and said they are an integral part of the golf course and require management and maintenance. He repoded that it costs about $1,000 to tdm and $2,000 to replace a tree. He pointed out where the trees were removed from and stated they are far removed from adjacent properties. He said the 10 trees were removed because of wind damage, being dead, or growing into the sycamores and oaks. He said the ones by the sycamores and oaks were removed in order to enhance the growth of the sycamores and oaks. He said they budgeted $50,000 for tree management last year and $70,000 this year. He did not feel it is appropriate to require them to replace trees on a one-to-one basis because of the density of trees they have on their 140 acres. He reported they replace trees when they are removed if they are an integral part of the playability of the course. He said their golf course architect indicates which trees should be removed and where new trees should be planted. He asked the Commission to relieve them from having to replace the 10 trees and to determine if the ordinance should apply to the golf course. He said they may lose 15-20 trees in one windstorm. He said they understand that they would then be required to get a permit to remove the trees and they may be out of business while waiting for that permit. He said if they lose 10 trees, it represents less than 1 percent of their total trees, while removing 1 or 2 trees from an individual home may represent 100 percent. Commissioner Bethel asked if the 10 trees were removed for wind damage Mr. Linder responded that three were removed for wind damage, two to three were taken out because they were growing into the sycamores and oaks, and the others were dead. He stated they were not aware they needed a permit when they removed the trees. He said there are an additional 10 to 15 dead trees. He stated they have a bark beetle that has infested some of the trees and those trees need to be removed immediately because the beetles quickly spread to surrounding trees. He asked that they be able to work out something with City personnel rather than going through a tree removal permit process. Planning Commission Minutes -7- November 12, 1997 Linda Wilde, 7686 Calle Casino, Rancho Cucamonga, stated she lives by Red Hill Country Club. She felt there had been inappropriate notice given to surrounding residents. She stated the first notice sent to residents did not indicate that the trees had already been removed. She said the residents had no idea how many trees the country dub was going to remove. She observed that the Country Club was now asking the City to allow them carte blanche to remove trees whenever they wish. She acknowledged that trees can be damaged by wind or the bark beetle but she felt any changes to the ordinance would require public notice to allow others to comment She stated the Country Club is a business and she thought it should be required to abide by regulations. She feared that the removal of trees may endanger nearby homes from being hit by errant bails. Clara Mudllo, 1323 South Victoria, Rancho Cucamonga, stated the City held meetings 20 years ago and made a conscious effod to save trees. She observed that Etiwanda School had taken down all of the trees in one area and has not replaced them. Chairman Barker explained that school districts do not have to answer to the City and can do what they want on their property. Ms. Murillo stated that since the Country Club had taken out the trees, they should be required to replace them somewhere else. She said that over 1,000 years of tree growth were lost. Mr. Under said he was not asking for carte blanche to do what he wanted, but rather, wanted to be able to work with the City on a quicker approval process. Commissioner Macias asked how many trees are removed in an average year. Mr. Under replied that in some years only 1 or 2 are removed, but reported they had lost 15 in one night. He said their golf course architect looks at the trees. Chairman Barker asked if there are any provisions for emergency removal of wind damaged trees. Brad Buller, City Planner, indicated that the ordinance allows removal of trees that have blown over or have partially blown over and are in danger of falling. He said the fact that the tree has blown over should be documented and the permit can then be processed on an after-the-fact basis. Chairman Barker asked if the process is cumbersome for golf courses. Mr. Buller responded it would be, in that projects do not typically have as many trees or surrounding neighbors as a golf course. He observed that the agenda did not include any notice of a proposed amendment to the ordinance. He stated the Commission could ask that an amendment be placed on a future agenda. Chairman Barker observed that he had received calls when the trees were cut down. He said concems were raised that the golf course was going to cut down all the trees. He asked.how many trees the~ golf course proposed planting in place of the 10 that were cut down. Mr. Linder replied they proposed planting seven trees. There were no additional public comments. Commissioner McNiel stated the golf course has been in existence for 75 years and one of its predominant features is the trees. He thought most golf courses would not fall under a tree replacement ordinance. He did not think the golf course had been considered when the ordinance was drafted. He recalled that the ddving force had been an effort to save the eucalyptus trees in the Etiwanda area. He stated his initial feelings are that the golf course should not fall under the ordinance because it is important that the trees be in good condition but he felt it is important to Plannin9 Commission Minutes -8- November 12, 1997 consider safety in areas where the golf course abuts roads or homes. He said he was inclined to allow the golf club to define the course as they wish on the interior of the course but he felt the City should perhaps retain control on the perimeter. He stated the golf course is currently subject to the ordinance and he felt the trees should be replaced on a one-to-one ratio, as called for in the ordinance. He felt an amendment may be in order. Commissioner Tolstoy stated that the issue before the Commission at this time is whether the 10 trees that were removed should be replaced on a one-to-one basis. He stated the golf course is currently subject to the ordinance and he thought 10 trees should be replanted. He felt the golf course needs the ability to remove diseased trees as they are identified but said he wanted an arborist to identify such trees. He felt it would be appropriate to reconsider the ordinance to determine if a better mechanism could be used for golf courses. He stated that trees are important. Commissioner Bethel supported replacing all 10 trees. He did not support revisiting the ordinance and noted that wind-damaged trees can be removed. Commissioner Macias stated the ordinance is currently in place and he felt it is straightforward in its applicability that the 10 trees should be replaced. He believed the situation warrants reconsideration. Chairman Barker concurred. He remarked that public notification is necessary to allow for public input. Mr. Bullet stated he understood the Commission's direction to be to deny the appeal and uphold staff's decision to require 10 replacement trees. He said he also heard that the majority of the Commission wished to direct staff to consider an amendment to the ordinance. He hoped the country club would host a workshop to discuss the matter and offer suggestions on what might be a good alternative to the ordinance and report back to City staff. Commissioner McNiel asked when the matter might come back before the Commission. Mr. Bullet stated he would rely on Red Hill Country Club to initiate the proposal. He observed that other cities may have ordinances in place. Motion: Moved by McNiet, seconded by Bethel, to deny the appeal of Tree Removal Permit 96-16. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS H. SIGNS/MULTI-FAMILY TASK FORCE UPDATE Brad Bullet, City Planner, reported that a task force meeting had been held earlier in the day. He said members had been given a survey to complete and another meeting would be held to discuss the results of the survey. Planning Commission Minutes -9- November 12, 1997 I. FOOTHILL BOULEVARD/ECONOMIC DEVELOPMENT TASK FORCE UPDATE Brad Bullet, City Planner, reported that staffwas attempting to arrange a meeting. ADJOURNMENT Motion: Moved by Bethel, seconded by McNiel, carried 5-0 to adjourn. 10:35 p.m. - The Planning Commission adjourned to a workshop immediately following regarding Pre-Application Review 97-02. The workshop adjourned at'l 1:45 p.m. and those minutes appear separately. Respectfully submitted, Secretary Planning Commission Minutes -10- November 12, 1997