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HomeMy WebLinkAbout1997/10/22 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting October 22, 1997 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:11 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONER~: PRESENT: David Barker, William Bethel, Rich Macias, Peter Tolstoy ABSENT: Larry McNiel STAFF PRESENT: Brad Bullet, City Planner; Dan Coleman, Principal Planner; Michael Estrada, Deputy City Attorney; Steve Hayes, Associate Planner; Dan James, Senior Civil Engineer; Gall Sanchez, Planning Commission Secretary ANNOUNCEMENTS Brad Bullet, City Planner, stated that staff would like Item A pulled from the Consent Calendar to discuss a suggested change to the resolution. APPROVAL OF MINUTES Motion: Moved by Bethel, seconded by Macias, carded 2-0-1-2 (McNiel absent, Barker and Tolstoy abstain), to approve the minutes of September 10, 1997. Motion: Moved by Bethel, seconded by Macias, carded 2-0-1-2 (McNiel absent, Barker and Tolstoy abstain), to approve the minutes of the Adjourned Meeting of September 10, 1997. Motion: Moved by Bethel, seconded by Tolstoy, carried 3-01-1-1 (McNiel absent, Macias abstain), to approve the minutes of October 8, 1997. CONSENT CALENDAR A. DEVELOPMENT REVIEW 97-23 (DESIGN REVIEW FOR TENTATIVE TRACT 13564) - STANDARD PACIFIC - The design review of the detailed site plan and building elevations for a previously County approved residential subdivision of 182 lots on 117 acres of land in the Very Low Residential Distdct (less than 2 dwelling units per acre), located between Wardman Bullock Road and the San Sevaine Wash - APN: 226-082-30 and 58 through 63. Chairman Barker pulled the item from the Consent Calendar. Brad Bullet, City Planner, stated staff supported deletion of Standard Condition No. A.2 regarding participation in a Mello-Roos Community Facilities District with respect to school facilities. He reported the issue had been addressed under the original Development Agreement. Chairman Barker observed the Commission had just been handed a letter from Spirt of the Sage Council and he invited public comment. Leeona Klippstein, Spirit of the Sage Council, P. O. Box 77027-102, Pasadena, stated she was speaking on behalf of the Spidt of the Sage members and also on behalf of Vera Rocha, Chief of the Shoshone Gabrielino Nation. She thanked the developer for returning her phone call. She referenced a Streambed Alteration Agreement from 1987. She stated the agreement pertains to a proposal to build some levees and the Henderson Channel in connection with the San Sevaine Spreading Grounds and did not appear to reference residential development. She contended that the agreement had expired and that the terms of the agreement, including replacement of trees and vegetation at a 4 to 1 ratio, had not been met. She felt that the project design does not meet the conditions. She indicated the Army Corps of Engineers had also required that 37 acres be dedicated prior to any work starting on the project. She alleged that the 37 acres which were dedicated by Joe Di Iorio were dedicated for construction of the levees, not this project. She stated that the September 1, 1987, letter from the Fish and Wildlife Service does not specifically mention a residential development. She asked that the Commission table the matter and ask the project proponent to provide an approved re-vegetation plan. Mr. Bullet confirmed that the project was originally approved under the County and the City annexed the project into the City. He said there is a requirement that the developer meet the requirements of the Fish and Wildlife Service and obtain the Fish and Game permit. He stated the matter before the Commissioners was design review of the project; i.e., the structures and the development of the units on the lots. He said the tentative map which was approved under the County and annexed and incorporated into the City has not been substantially changed. He observed it is not the Commission's responsibility to hold the developer to fulfilling another agency's conditions of getting the permit. He said it appeared that Ms. Klippstein was asking the Commission to table approval until there is vedfied proof that the applicant has met the conditions imposed by other agencies. He explained the Commis§ion does not have to wait for that confirmation because it is the responsibility of Fish and Game and Fish and Wildlife to be sure that the conditions are met. Chairman Barker asked if the other agency would also be the enforcer and would have the authority to stop the project. Mr. Bullet confirmed that was correct. Commissioner Macias asked what the project description was that was approved under CEQA previously. Steve Hayes, Associate Planner, stated a Negative Declaration was issued by the County and the project description included 182 lots on 122 acres of land which included the 37-acre wash area. Chairman Barker asked if the project plans are in compliance. Mr. Hayes stated the design before the Commission is consistent with the site project description and the County description for the subdivision. Ms. KJippstein felt there are inconsistencies. She did not feel it is consistent with the terms set by the County. She said she had been told by Fish and Game and Fish and Wildlife that those agencies do not have the plans. She stated that if the City approved the project tonight, and the developer starts bulldozing, the City would be held accountable as the local lead agency. She said there are federal lands and endangered species in the area and the City would be opening itself up to legal challenges. She asked the Commission to delay approval. Planning Commission Minutes -2- October 22, 1997 Mike White, Standard Pacific, 1565 West Macarthur Boulevard, Costa Mesa, stated they have worked with the City and the San Bemardino County Flood Control District, the lead agency in terms - of obtaining all the necessary permits through the Army Corps of Engineers, the California Department of Fish and Game, and United States Fish and Wildlife. He said all the work has been done with respect to the dedication, the tevees, flood control facilities, and removals. He indicated the developer is fulfilling the terms of their agreement to complete the work. He said they have been in contact with the appropriate agencies and are working with them to satisfy they that they have met all the conditions. Commissioner Bethel asked if they have a grading permit. Mr. White confirmed that he did. There were no additional public comments. Commissioner Bethel asked if he could have received the permit without Fish and Game or Fish and Wildlife approval. Mr. Buller responded that the City issues the grading permit. Chairman Barker asked if Fish and Game or Fish and Wildlife could stop work. Mr. Bullet stated either can stop work if they feel the applicant is in violation of a permit. Mr. Hayes observed that the resolution includes a condition that all applicable conditions contained in Development and Annexation Agreement 88-02 apply to the project. Commissioner Tolstoy observed that conditions had been placed on the project by another agency and he said the City is'not the jurisdiction responsible for seeing that those conditions are met. He felt that the responsible agency will move if there is a violation. He stated the Planning Commission's action was to review the design review. Commissioner Bethel concurred. Motion: Moved by Bethel, seconded by Macias, to adopt the resolution approving Development Review 97-23. Motion carried by the following vote: AYES: BARKER, BETHEL, MAClAS, TOLSTOY NOES: NONE ABSENT: MCNIEL - carried Ms. Klippstein stood up and said the City would be sued because it had an opportunity to delay approval. Commissioner Tolstoy stated that if there is a problem, any complaints should be directed to the proper agency, not the City. PUBLIC COMMENTS There were no public comments at this time. Planning Commission Minutes -3- October 22, 1997 COMMISSION BUSINESS B. FOOTHILL BOULEVARD ACTIVITY CENTERS Chairman Barker stated he had already explained his feelings that he does not like the corner filled up with'a building like Denny's. Commissioners Tolstoy and Bethel concurred with Chairman Barker's feelings. Chairman Barker requested that the election of officers be placed on the December 10, 1997, agenda. ADJOURNMENT Motion: Moved by Tolstoy, seconded by Bethel, carried 4-0-1 (McNiel absent) to adjourn. 7:40 p.m. - The Planning Commission adjourned to a workshop immediately following regarding Pre-Application Review 97-12. The workshop adjourned at 8:45 p.m. and those minutes appear separately. Respectfully submitted, Secretary Planning Commission Minutes -4- October 22, 1997