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1997/07/09 - Minutes - PC-HPC
CITY OF RANCHO CUCAM©NGA PLANNING COMMISSION MINUTES Regular Meeting July 9, 1997 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Barker then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: David Barker, William Bethel, Rich Macias, Larry McNiel, Peter Tolstoy ABSENT: None STAFF PRESENT: Jim Curatalo, City Council Member; Brad Duller, City Planner; Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Tom Grahn, Associate Planner; Ralph Hanson, Deputy City Attorney; Steve Hayes, Associate Planner; Dan James, Senior Civil Engineer; Gall Sanchez, Planning Commission Secretary ANNOUNCEMENTS Brad Duller, City Planner, suggested that Item A be pulled from the Consent Calendar for presentation of a staff repod. APPROVAL OFMINUTES Motion: Moved by McNiel, seconded by Tolstoy, carried 4-0-1 (Barker abstained), to approve the minutes of July 9, 1997. CONSENT CALENDAR A. DEVELOPMENT REVIEW 97-11 - LAUREN DEVELOPMENT - A review of the detailed site plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-351-10 and 1074-541-21. (Continued from June 11, 1997). B. DEVELOPMENT REVIEW 97-10 fDESIGN REVIEW FOR TENTATIVE TRACT 12659, PHASES 2 THROUGH 5) - CENTEX HOMES - The design review of the detailed site plan and buildir~g elevations for the development of 92 lots within an approved subdivision (Tentative Tract 12659), which consists of 134 lots on 67.67 acres of land in the Very Low Residential District (1-2 dwelling units per acre) in the Etiwanda Specific Plan, located at the southwest corner of Etiwanda Avenue and Wilson Avenue - APN: 225-111-40 and 42 and 225-341-30 through 37. Motion: Moved by Tolstoy, seconded by McNiel, to adopt Item B of the Consent Calendar. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried A. DEVELOPMENT REVIEW 97-11 - LAUREN DEVELOPMENT Tom Grahn, Associate Planner, presented a staff report and discussed a supplemental staff repod which had been issued to the Commission outlining why no additional environmental evaluation is necessary under the California Environmental Quality Act (CEQA). He commented that issues raised at the last meeting dealt with compatibility concerns including whether tract homes would be compatible in an area which is predominantly custom homes and the size of the homes. He said the City does not have any specific requirements to prevent tract development and the applicant has met the cdteda for design of the homes including compliance with the Hillside Development Ordinance. He noted that City codes require a minimum 1,000 square feet with the proposed homes being in the range of 3,100 to 4,300 square feet. He stated that before the Commission were a number of letters of opposition which had been received. He indicated the letters cited concerns regarding removai of the levee, affect upon property values, and the need for additional studies. He reported that two telephone callers had expressed concerns but could not attend this evening's meeting. He stated the Commissioners also had before them a copy of a letter from Robert Cristiano, the current property owner. Chairman Barker stated that the Commission had received a tremendous amount of information since the last meeting. He felt the additional information had given the impression of a shotgun being fired at the project. He requested legal clarification of the scope of authority and responsibility of the Commission and the options available to it. Ralph Hanson, Deputy City Attorney, stated the Commission had the City's most detailed design review process for consideration. He reported the Commission was looking at a detailed site plan and building elevations for the project. He commented that the project itself was approved almost seven years ago and at that point it was known that the properly would be developed and conditions were established for that development. He said the Commission was now talking about what the development will look like. He observed there had been multiple layers of analysis from the residents and the developer and the issues brought forth had been analyzed in detail. He indicated that many of those issues had been discussed even though they may not apply. He stated that he agreed with the developer's team of lawyers with respect to the legal issues. He reported that a federal lawsuit had been filed against the City and two of its staff members and said he would not comment on that lawsuit. He observed that no injunction had been issued and the lawsuit would not be an impediment to the Commission's decision. He felt that any decision by the Commission would be appealed to the City Council. Chairman Barker said it was his understanding that the issue is design and the Commission could only legally take action regarding design review. Mr. Hanson responded that was correct. He said the subdivision map had been approved years ago and, to his knowledge, the only remaining requirement is to file a final map for the City Council to approve, which is a ministerial act. He stated the design review process is created by the Rancho Cucamonga Municipal Code. He commented that the design would not be brought back before the Commission in most communities. He indicated that it was decided years ago that there would be development in that location. Chairman Barker observed that there was no mention in the resolution of the other issues. Planning Commission Minutes -2- July 9, 1997 Brad Buller, City Planner, indicated that was correct. Chairman Barker said he was interested in hearing any testimony that he had notJalready heard or read, recognizing that anything other than design was in regards to an action taken seven years ago. John AIIday, Lauren Development, Inc., 11030 Arrow Route, Suite 102, Rancho Cucamonga, stated they have three law firms in connection with a design review. He indicated they had prepared a notebook for the Planning Commission responding to what had been raised at the last meeting. He asked if the Commission wished him to go through the responses, issue by issue, or if it preferred that he answer questions. Chairman Barker suggested that he answer questions. Commissioner McNiel commented that he did not see any value in going through all of the other issues raised, as the only action the Commission could take was in regards to design review. He suggested that the applicant be permitted to comment after the other testimony. Chairman Barker asked that everyone limit their discussions to design issues. Commissioner Macias felt the Commission should hear public testimony and allow the developer to address any points brought up following the public testimony. Mr. Hanson commented that the Commission would probably hear opinions which differ from his. Chairman Barker responded that he could appreciate that, but the City pays the City Attorney to advise the Commission. Mr. Allday said their house plans, grading plans, and conceptual landscape plans are all in compliance with the Hillside Development Ordinance. He stated that removal of the levee does not conflict with the Hillside Development Ordinance because the levee is man-made and the Ordinance refers only to natural features. He observed that a comment had been made at the previous meeting that the houses are too small for the community. He said he was not sure that was still an issue because both Ms. McKeith and Mr. Angel had testified that size was not an issue for them. Mr. AIIday felt their homes are consistent and compatible with the remainder of the homes. He indicated a statement had been made at the last meeting that all homes facing Ringstem Drive and Tackstem Street would look alike and said that statement was not true. He recalled there had been a complaint regarding the garages which are front-facing but pulled back and stated the garages will be pulled back up to 140 feet and he felt the view of the garage will be shielded by the house. He noted that residents had indicated that only custom homes should be permitted in Haven View Estates and he pointed out that tract homes already exist in the community and those tract homes were approved by the homeowners' association. He said there is no code or legal requirement for custom homes. He said they have provided various options so that the homes will appear very different from each other. He observed there had been questions raised regarding the prices they will charge and a flyer had been circulated indicating they will be selling for $275,000. He said that fears that Lauren will lower the property values are unfounded and noted that property values have decreased in the last few years. He commented that the tract homes built in the early 1990s ranged from $117 to $136 per square foot while recent sales data include homes selling for $99 to $102 per square foot. He reported that one resident had visited his office and made the comment that he understood Lauren will sell homes for whatever the market will bear, but he didn't like that Lauren will be selling in today's Iow market. He asked if the City should mandate moratoriums until prices improve to where they were five years ago. He said they plan to sell homes for whatever the strengthening market will allow. He stated that Lauren Development is a privately held company in good legal standing. He indicated their office is open every day of the week and stated they had mailed individual letters to all 106 home and lot owners in the tract and invited them to their office and only two individuals called and came to the office. Planning Commission Minutes -3- July 9, 1997 Robert Cristiano, 9 Aurora, Irvine, stated he bought the property in 1987 and was restricted to access to his own property because of the gates. He indicated he sought relief in the courts and had to pay the homeowners association for access. He said those documents ~r~ recorded and there are no unresolved access issues. He stated that the 40 lots were approved in 1990 with very rigid conditions of approval including removal of the earthen berm. He said he selected Lauren Development because they were able to adhere to the strict requirements and he felt the floor plans and elevations are excellent. He stated he was concerned about the hidden agenda of those who are in opposition to the project, stating he had been told that the plan is to purchase his land for $100,000 after the project is defeated. David Tardnel, 6128 Ashton Place, Rancho Cucamonga, stated he had been asked to explain how happy he is with the home he bought in Ashton Place, one of 13 semi-custom homes built by Lauren Development. He said he is very happy With his home. The following people spoke in opposition to the project: Malissa McKeith, Loeb & Loeb, LLP, 1000 Wilshire Boulevard, Suite 1800, Los Angeles Tom Sheahan, Dames & Moore, 3602 Inland Empire Boulevard, #C-110, Ontario Mindy Sheps, Wolf, Rifkin & Shapiro, LLP, 11400 West Olympic Boulevard, Los Angeles Bill Angel, 12966 Arapaho Road, Rancho Cucamonga Arvind Kumra, 5088 Granada Court, Rancho Cucamonga Tom Bradford, 5066 Granada Court, Rancho Cucamonga Joe Stephen, 5067 Granada Court, Rancho Cucamonga Frank Bucalo, Beechwood Drive, Rancho Cucamonga Leeona Klippstein, Spirit of the Sage Council, P. O. Box 77027-102, Pasadena Maureen Sampson, P. O. Box 1327, Rancho Cucamonga Leo Orvananos, 1097 Carriage Drive, Rancho Cucamonga Millie Morris, president of Rancho Cucamonga V Homeowners Association, 5109 Lupizzan Place, Rancho Cucamonga Vasin Shane, address unknown Valerie E. Card, 10019 Banyan, Rancho Cucamonga Lauren Althaus, 4907 Calico Court, Rancho Cucamonga Sue Bradford, 5066 Granada Court, Rancho Cucamonga Paul Davies, 7398 London, Rancho Cucamonga Ms. McKeith complained that Rancho Cucamonga has not had commercial growth in the last few years while Ontario got Ontario Mirls and an auto mall. She also complained that schools and the library are under funded and commented that building 40 new homes will not address those problems. She presented a notebook containing a letter to the City Attorney and background materials objecting to the project. She contended that because the Commission has to make specific findings in the resolution, the approval of the design review is not a ministerial act. She stated that the City should look at whether the circumstances have changed since approval of the tract and felt she had presented new evidence to show there are changed circumstances. She asserted she would not limit her comments to design issues and said she had advised others not to as well. She requested a traffic study including a study regarding noise and air quality during construction traffic. She stated there were only 10 homes in Haven View Estates when the tract was approved in 1990 compared to 55 now. Ms. McKeith submitted a letter from Crain & Associates regarding grading of the levee and stated that letters had been received from the Army Corps of Engineers and Flood Control District stating they had not commented on safety following removal of the levee. She contended that the debris basin built by the Army Corps of Engineers was built to withstand a magnitude 5.0 earthquake but it has since been found that the area could suffer a greater magnitude. She stated that six debris basins have failed in Los Angeles County. She thought that even if CEQA does not apply, the Commission must make a determination regarding safety of the project. She stated she had heard a rumor that Lauren planned to start grading on Saturday. She asserted that if the project is approved and homes built, CURE would circulate disclosure statements to all prospective home buyers to make sure no one buys the homes. She stated a lawsuit was filed in Ventura County against a previous company owned by the developer. Planning Commission Minutes -4- July 9, 1997 Mr. Sheahan stated he is a hydrogeologist who had been asked by Ms. McKeith to comment on the levee. He discussed the debris basin and swale and stated that if the replacemept of~the levee is not adequate, there could be erosion. He said the levee is designed to handle rain~,~ter but a small drainage ditch would not be. Ms. Sheps indicated she represented Rancho Cucamonga V~Haven View Estates Homeowners Association. She presented a copy of documents she had for~varded to the City Attorney alleging that Lauren Homes does not have access rights over the streets within Rancho Cucamonga V because the parcels to be developed by Lauren were specifically excluded fro.m the agreements. There were comments that development is not allowed under Hillside Development Ordinance where existing slopes exceed $0 percent and levee is over 30 percent. Photographs were shown of the site and objections were made to removal of the levee because they considered it a prominent ridge that should not be removed. A comment was made that a Federally recognized blue line stream runs through property. It was noted that the intent of the Hillside Development Ordinance is to have homes that flow with the land and it was felt that a SO-foot high fireplace on the end of a home is not in keeping with the ordinance. Comments were made that smaller homes were built when Haven View Estates first developed, but more recent homes are larger. Complaints were raised that the development is not compatible because they are production homes instead of custom. There were comments that the developer has not indicated how much the homes will sell for. A question was raised if there will be more development beyond that point once the road is opened. Objections were raised that the elevations portray different looks but some are options that must be purchased by the buyers and there was no guarantee they would be purchased. A resident said the development will only fit in if each house has a different look and no two look alike. Someone feared that flooding will result because an El Nino is expected next year. A question was raised as to the availability of flood and fire insurance. One resident stated that it is the responsibility of the Planning Commission to protect the people in the area. It was contended there was new data regarding the fault which was not known when the Negative Declaration was prepared for the tract and a comment was made that the State is currently retrofitting freeway overpasses because new evidence has come to light regarding earthquakes. A teacher observed that students are taught about loss of habitat in foreign countries but not in their own backyard. She felt it is hypocritical of United States to use natural resources beyond what it is entitled to and that it is important to save the land. A resident stated that Haven View Estates is the only fully gated custom home development in the City and he thought the tract homes would destroy their special neighborhood. Ms. K~ippstein presented documents regarding Spirit of the Sage Council, alluvial scrub vegetation, and Shoshone-Gabdelino indians and their beliefs. She showed pictures of undeveloped land and expressed concern that government is not saving open space. She indicated Shoshone-Gabrielino Indians are opposed to the project because of loss of sacred lands and medicinal plants. She felt all land is public trust land which is privately owned but the private owners do not own the wildlife. She contended that the City had entered into a contract with other agencies regarding habitat conservation. She stated the eco-system needs to be conserved. She requested an EIR. She stated saving the land would not be a taking if the owner were offered fair market value. James Badon, 5552 Canistel Avenue, Rancho Cucamonga, stated he supports the project. He felt the environmental issues had been addressed when the project was originally approved and he did not think the Planning Commission should only be considering them now. He stated that over 70 percent of basic land in the United States is left open for habitat. He thought that once development standards are established for a site, the final review should only be to determine if the proposed development meets those standards. He stated he lives in Deer Creek and almost every house has personal touches, making the tract into a custom neighborhood. He said the only question should be whether the quality of the product the developer is offering meets the standards the City originally intended for the area. He stated there is a tremendous amount of vacant land because of the economy changing. He felt quality can be achieved when a series of homes are built at one time. He said he had read a newspaper article that claimed that City staff had misused its power and stated he was uncomfodable that someone would use the ploy that planning personnel would have Planning Commission Minutes -5- July 9, 1997 personal gains by not informing residents of the development. He felt people should know that once a tract is approved, all other lots will be built. He did not feel the first person on the, block should be able to block development of other lots so long as standards are met .... - · The Planning Commission recessed from 9:25 p.m. to 9:39 p.m. Mr. AIIday stated that all of the arguments presented tonight had already been addressed in materials submitted to the Planning Commission prior to tonight's hearing. He said the rumor that they planned to begin grading on Saturday if the project were to be approved tonight was false. He noted that Mr. Sheahan of Dames & Moore had stated he did not know the details of what is to be constructed in place of the levee and that "if it were not designed to capacity it would be a problem." He said the levee will be replaced by an alternative facility and there will not be a threat to the residents. He felt it was irresponsible for people to spread the rumor that nothing will take the place of the levee and felt it was obvious that no one had bothered to review the plans for the replacement of the levee. He presented a letter from RMA Group, a geotechnical consultant, regarding an analysis of the existing levee and the proposed drainage system. He said the conclusion of the report was that the proposed system would be safer than the existing levee. He commented that civil engineers had submitted detailed hydrology reports for the site to FEMA and FEMA had approved them. He noted that the Flood Control District abandoned an easement they had on the site because of the improvements to the area. He also commented that FEMA removed its requirement for flood insurance for the area. There were no additional public comments. Chairman Barker asked for clarification that there is currently a map for the project. Mr. Hanson confirmed that there is an approved tract map. He said the Planning Commission has no authority regarding the map at this time and indicated a final map is presented to the City Council. Chairman Barker asked for clarification that the Commission has no authority regarding the map. Mr. Hanson confirmed that was correct. He said the Commission would be exercising discretion regarding the design review but it does not have the authority to make any changes to the map. He said the discretion is merely to determine if the project is in compliance with the Development Code and standards. Chairman Barker commented that he knew that most, if not all, of the Commissioners had visited the site. He said he had flown over the site as well as visiting it. He stated he could emphasize with many of the residents in the audience and commented he first became involved in the community in 1981 when a project was proposed in his neighborhood. He said he and his neighbors knew they could not stop the development, but they felt they could affect the quality. He stated the Planning Commission does not have the authority to revisit a decision which was made by a previous Commission and certain actions which had been taken several years ago. Commissioner McNiel stated he was still convinced that the Commission is dealing with the design review of the project. He noted the map is in place. He observed there had been some questions raised regarding whether the project meets the standards of the Hillside Development Ordinance. He asked if staff feels the project meets the limitations and spirit of the Ordinance, including building envelopes. Mr. Bullet responded affirmatively. Commissioner McNiel asked staff to comment regarding removal of the levee and replacement with alternative facilities. Planning Commission Minutes ~6- July 9, 1997 Dan James, Senior Civil Engineer, stated that overall flood protection of the ar~a depends on a debds facility in the hills and the channel being maintained by the Flood Control Di'strict. He stated the replacement is designed to handle local flows south of the debds facility. He noted that the Flood Control District and the Army Corps of Engineers were initially involved and FEMA authorized the flood zone change south of the channel to a Zone X meaning that flood insurance is no longer required. He said it is not necessary for the replacement to handle mountain flows. Commissioner McNiel asked if the proposed facility is sufficient to replace the levee. Mr. James indicated he has not studied the capacity of the levee. He indicated the overall system depends upon the debris basin which is maintained by the Flood Control District. He said the local facility will protect from local flooding, not mountain flooding if the debris basin fails. Commissioner McNiel commented that there had been a goodly amount of sniping. He said his concern was that any action by the Commission meets the codes and requirements. He recalled there had been some bad flooding in 1969 and 1978, but stated that things have changed since then. He said it is now possible to drive across town during excessive rainfalls whereas that was not possible prior to improvements being made to the storm drain facilities. He believed Lauren had met the letter of the law. He did not feel the homes will be detrimental to the community. He acknowledged there has been a good deal of changed circumstances over the years, but felt a great deal has to do with the improved flood control facilities. Commissioner Tolstoy stated the issue at hand was design review. He thanked the public for its input. He felt the project met the requirements of the Hillside Development Ordinance and indicated it had gone through the design review process. He stated he had looked very carefully at what was presented and he supported the project. Commissioner Macias stated the developer and homeowner had both spoken. He felt the homeowners have legitimate concerns. He stated he had reviewed everything and listened to the tapes of the meeting he had missed. He agreed with the City Attorney's opinion that the issue is design review and indicated he had served on the Design Review Committee. Commissioner Bethel stated he had been on the original Design Review Committee when the project was reviewed. He noted that he had received a number of letters since that time. He felt it is important to know what the public is thinking but said he still supports the project. Chairman Barker reiterated his comment that the Planning Commission had no authority to revisit the actions of a previous Commission. Motion: Moved by Macias, seconded by McNiel, to adopt the resolution approving Development Review 97-11. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried Chairman Barker stated that staff would provide details to anyone who wished to appeal. He thanked the audience for its patience and time. The Planning Commission recessed from 10:10 p.m. to 10:16 p.m. Planning Commission Minutes -7- July 9, 1997 PUBLIC HEARINGS 2. C. ENVIRONMENTAL ASSESSMENT AND PARCEL MAP 15519 - TEAK V~AY ASSOCIATER - A subdivision of 1.6 acres of land into 4 parcels in the Low Residential District (2-4 dwelling units per acre) and vacation of Jonquil Drive east of Teak Way, located on the east side of Teak Way, south of Mignonette Avenue - APN: 1076-081-05. Dan James, Senior Civil Engineer, presented the staff report. Chairman Barker opened the public hearing. Start Stdngfellow, Teak Way Associates, LLC, 456 West San Jose Avenue, #B, Claremont, stated he plans to build four single family houses of approximately 2,100 square feet. He felt that would make a good transition from the existing community to the homes to the east. He said the lots are just over 10,000 square feet. Vernon R. Morrison. 10096 Jonquil Drive, Rancho Cucamonga, stated he suppoded the development and the vacation of Jonquil Drive. He asked if he could fence off his property if Jonquil Drive is vacated and noted that the area is now being used as a parking lot. Mr James stated that there would be no easement if Jonquil Drive is vacated. He observed there may be a pdvate ingress and egress easement on Mr. Morrison's deed. He said the City would not prohibit construction of a fence and offered to review Mr. Morrison's deed with him. Brian Brock, 6780 Teak Way, Rancho Cucamonga, stated he was concerned that the homes be single family residential and that no further subdivision be permitted. He said he would be opposed to mu[ti-family dwellings. He indicated he had spoken to the developer and he had assured him that was not his intention. Chairman Barker observed that the property is zoned for two to four dwelling units per acre and anything else would require rezoning the property. Paul Orr, 6790 Teak Way, Rancho Cucamonga, stated he was also concerned that they be single family dwellings. He said he supported the application so long as the homes are in character with the neighborhood. Hearing no further testimony, Chairman Barker dosed the public hearing. Commissioner Tolstoy stated he was glad to see that Teak Way will be improved. Motion: Moved by Tolstoy, seconded by McNiel, to issue a Negative Declaration and adopt the resolution approving Parcel Map 15519. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 15014 - AMIR DEVELOPMENT - A subdivision of 9.5 acres of land into 3 parcels in the General Industrial District of the Industrial Specific Plan, Subarea 8, and vacation of the non-vehicular access restriction on Arrow Route, located on the southwest corner of Arrow Route and White Oak Avenue - APN: 209-144-95. Planning Commission Minutes -6- July 9, 1997 Dan James, Senior Civil Engineer, presented the staff report. Chairman Barker opened the public hearing. Doug Shackelton, 3120 Chicago, Riverside, stated he is the engineer and was representing the applicant/owner. He concurred with the staff report and requested approval. He stated he was working on plans for development, but they have not yet been finalized for processing. Hearing no further testimony, Chairman Barker closed the public hearing. Motion: Moved by McNiel, seconded by Bethel, to issue a Negative Declaration and adopt the resolution approving Parcel Map 15014. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried E. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 97-03 - OLIVAS - A request to construct a new 7,011 square foot Kingdom Hall of Jehovah's Witness on a 1.13 acre parcel in Subarea 1 of the Foothill Boulevard Specific Plan in the Medium Residential District, located at the southwest corner of San Bernardino Road and Red Hill Country Club Drive - APN: 207-123-02 and 03. Steve Hayes, Associate Planner, presented the staff report. Commissioner McNiel recalled that the lack of windows was discussed during the Pre-Application Review. Mr. Hayes responded that the applicant determined they did not want any windows. He commented that the Design Review Committee requested additional features to compensate for the lack of windows. Commissioner Bethel stated that he wanted to see some type of glass work. He said he had suggested they could place windows in the office area, but he definitely wanted windows even if they are opaque. He felt windows are needed so that the building does not appear as a mere box. Commissioner Tolstoy recalled spandrel glass being discussed. Brad Bullet, City Planner, stated that staff thought the intent had been that spandrel glass be used in the office areas or insets in the trellis work would be acceptable. He thought glass was not a requirement and the assembly area would be accented with recessed archways with landscaping. Commissioner Tolstoy thought the Commissioners had requested either windows or spandrel glass but said trellis and vines would be sufficient in the hall area. Commissioner Bethel asked about the details of the archways. Mr. Hayes responded the building is recessed 6 inches and the archways are then popped out. Chairman Barker opened the public hearing. Peter Arencibia, 7384 Lariat Place, #A, Rancho Cucamonga, acknowledged there had been discussions regarding the windows. He said they do not want glass because they have previously had vandalism 2roblems at the site. Planning Commission Minutes -9- July 9, 1997 Commissioner Bethel said he appreciated the applicant's concerns regarding vandalism, but he felt windows would endch the facility. He indicated the applicant could use spandrel glass to- block views to the inside. .t. Mr. Arencibia responded that their major concern is not people looking inside, but rather either breakage by rocks or scratching of the glass. Commissioner Macias concurred with Commissioner Bethel regarding the appropriateness of windows. He suggested moving forward with the project but directing staff to work with the applicant to add glass to the design, even if spandrel glass. Mr. Buller agreed that staff could work with the applicant. Chairman Barker felt the building needs more depth. Commissioner McNiel stated that he has to travel to the inner city and he thought perhaps closing off the buildings may contribute to the vandalism problem. Chairman Barker noted that the applicant had indicated that about 80 percent of the parking would be used on a daily basis. He suggested some of the parking be turf block rather than all concrete to cut down on heat radiation from the parking lot. He suggested using the turf block along Red Hill Country Club Drive. Mr. Arencibia said he looked at other Kingdom Halls and concrete does not tend to get that hot. He felt concrete would be more user friendly. Chairman Barker stated the project is a rectangular building stuck in the middle of a block of cement. He felt it is hot, bodng, and lacking in design and gives the appearance of a warehouse. He thought using turf block along Red Hill Country Club Drive would help it blend into the neighborhood. Mr. Arencibia responded that over 15 percent of the area is landscaped. David Harper, architect, 1321 West Cerritos, Anaheim, stated he had been involved with aspects of the design and with other Kingdom Halls in other locations. He said the Kingdom Hall reflects their simplistic values. He thought the tile roof, archways, pop-outs and recesses, landscaping, and textured paving give a feeling of a residential area and he noted the project abuts a residential area. He thought the building will blend with the neighborhood and not be grandiose. He stated they have to consider vandalism because they have already experienced some at the site. Hearing no further testimony, Chairman Barker closed the public hearing. Mr. Bullet suggested modifying the conditions to require final design of the archways to be subject to City Planner approval. Commissioner Tolstoy felt that parking stalls cannot be properly designated when turf block is used. Chairman Barker felt that having some of the parking area in turf block would help the project blend into the neighborhood. Mr. Buller concurred that it is not easy to identify parking stalls unless stripes are placed in the turf block. Commissioner Tolstoy said he had seen other materials be used to identify the stalls. He felt the building needs to be softened. He was glad that the development will remove the storage yard between the existing building and the office building. He thought the Kingdom Hall appears like a fort and he did not feel it is compatible with the office building. He thought the appearance would Planning Commission Minutes -10- July 9, 1997 be softened by adding a row of turf block in lieu of concrete parking along Red Hill Country Club Drive and using recesses and pop-outs for the archways would help. Motion: Moved by McNiel, seconded by Tolstoy, to issue a Negative Declaration and adopt the resolution approving Conditional Use Permit 97-03 with modifications to require the addition of windows or spandrel glass and special paving such as turf block and enhancement of the archway design to the satisfaction of the City Planner. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NQES: NONE ABSENT: NONE - carried Motion: Moved by McNiel, seconded by Tolstoy, carried 5-0, to continue the meeting beyond 11:00 p.m. F. CONDITIONAL USE PERMIT 97-16- OSF INTERNATIONAL, INC. - A request to construct a 12,664 square foot restaurant with a full bar facility on a 3.16 acre pad located in the Terra Vista Promenade Shopping Center within the Community Commercial District of the Terra Vista Community Plan, at the northwest corner of Foothill Boulevard and Rochester Avenue - APN: 227-151-39. Related file: Tentative Parcel Map 15016. Steve Hayes, Associate Planner, presented the staff report and indicated that revised elevations had been placed before the Commissioners. Chairman Barker questioned how far back the restaurant is located from the street and how far back Denny's is located. Mr. Hayes responded that the Old Spaghetti Factory is located about 40 feet back and Denny's is 25 feet. He also showed photographs of other Old Spaghetti Factory buildings. Chairman Barker noted that the photographs depict red signs and said he thought they were proposing white signs on this project. Mr. Hayes replied they are proposing white. He stated the applicant is now showing a logo sign on the southeast corner of the building. He indicated staff had suggested that the stonework be extended up the side of the building where the sign is located and the applicant had responded that would not be a problem. Commissioner Bethel feared the building is too close to the street. He said he did not want another Denny's. Commissioner McNiel noted that the Foothill Boulevard Specific Plan has special design elements pulling buildings to the street at corners. Commissioner Tolstoy said he was looking forward to having the discussion regarding the Foothill Boulevard Specific Plan under Item J on the agenda. Chairman Barker opened the public hearing. Mark Bertone, Madole and Associates, 10601 Church Street, #107, Rancho Cucamonga, stated that representatives from Old Spaghetti Factory could not be present tonight. He said they had reviewed and accepted the conditions as written. Planning Commission Minutes -11- July 9, 1997 Commissioner Bethel said he would like to have lhe applicant consider moving the building further back from the intersection. Commissioner Tolstoy did not feel that was appropriate at this time. Hearing no fudher testimony, Chairman Barker closed the public hearing. Commissioner Tolstoy stated that the Planning Commission has long tried to prohibit the use of metal standing seam roofs. He noted that staff feels a metal roof would be appropriate for this building and observed that more and more are occurring in the City. He felt allowing such a roof would set a precedent. He said his objections are because of deterioration. He commented fha! the Commission had originally approved a master plan with two smaller buildings on the corner, but now only one large building is being requested. He felt the building is a nice building. He observed that the purpose of an activity center at the corner was to be a place that people could use and he thought it is no! functionally useable at this corner. He felt it would be nice to have an outside eating area and commented that outdoor dining seems to be popular. He suggested an area be included with the design which could later be converted for such a use. He said that even though he would like to bring back the original concept of having the corner used by people, he felt the architecture of the building is fine. Commissioner McNiel agreed with Commissioner Tolstoy with respect to the standing seam metal roof. He thought concrete tile or slate would be appropriate. He liked the building and thought it looks good. He agreed that outdoor dining would be an asset. Commissioner Macias agreed with respect to the outdoor dining and said he felt it is attractive to see the outdoor dining areas at other restaurants along Foothill Boulevard. He did not have objections to the roof being requested by the applicant. Commissioner Bethel agreed with Commissioner Macias regarding the roof and concurred regarding the activity center. Chairman Barker agreed that the concept of an activity center had been lost. He suggested providing more of one. Commissioner Tolstoy said he was not asking the Old Spaghetti Factory to embrace outdoor eating, he was merely asking that an area be kept available that would allow them to provide it in the future. Brad Buller, City Planner, suggested providing hardscape and a trellis which could accommodate a potential future outdoor dining area on the east side of the building. Commissioner Tolstoy felt the west side of the building makes a good waiting area. Chairman Barker sairJ he was opposed to a metal roof. Mr. Buller noted the approved roofing for the center is barrel tile. Commissioner Tolstoy said he would prefer copper roofing. Commissioner McNiel agreed that copper would be acceptable. He said he does not like painted metal roofing because it dents when people walk on it, the paint chips, and the building always looks dirty. Commissioner Bethel felt that asking for copper, which would cost an additional $50,000, was not a good buy. Commissioner McNiel felt that painted metal seam roofing does not stand up. Planning Commission Minutes -12- July 9, 1997 Commissioner Tolstoy thought there are already too many standing seam metal roofs in the City. He felt Applebee's should have been caught when it was put up. Commissioner McNiel said he would not object to asbestos tile that would look like slate. He said the roofing material at the Virginia Dare Center would be acceptable. Commissioner Tolstoy said he did not want to hold up the project and he felt the City Planner could determine the appropriate roofing material. Mr. Buller suggested that a flat, dark, light-weight tile would be acceptable. Mr. Hayes asked for Planning Commission direction on a previous Commission comment regarding extending the stonework up the south and east walls of the southeast corner of the building. Mr. Bullet noted that the applicant had stated it would appear too dominant and suggested that it be used up to a wainscot instead of all the way up the wall. It was the consensus of the Commission that the stone should continue up the wall. Motion: Moved by McNiel, seconded by Tolstoy, to adopt the resolution approving Conditional Use Permit 97-16 with modifications to require an outdoor activity area on the east side of the building and have the final design, color, and material of the roof be approved by the City Planner. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried G. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 97-15 - CLIGNE~q' - The proposed development of a 2,550 square foot, three-bay, quick-service oil change facility adjacent to the existing Deer Creek Car Wash service facility, located within the Community Commercial land use designation (Subarea 3) of the Foothill Boulevard Specific Plan, on the east side of Center Avenue, north of Foothill Boulevard - APN: 1077-401-34. Steve Hayes, Associate Planner, presented the staff report. Commissioner Bethel thought the area above the doors was going to be popped out. Mr. Hayes responded that the service bay doors are recessed 3 feet into the building. Chairman Barker opened the public hearing. Robert Clignett, 12520 Pacoima Road, Victorville, stated that the architecture, textures and colors match the existing center. He said they had added a trellis in the front because it had been requested by the Design Review Committee. As there was no fur[her testimony, Chairman Barker closed the public hearing. Commissioner Bethel observed that the applicant had followed the recommendations and suggestions of the Design Review Committee. Commissioner McNiel felt the use is good and will be a nice addition to the center. Planning Commission Minutes -13- July 9, 1997 Motion: Moved by Bethel, seconded by Tolstoy, to adopt the resolution approving Conditional Use Permit 97-15. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS H. TRACT 14534 - WILLIAM LYON HOMES - A request to install above-ground utility boxes within a previously approved 121-1ot subdivision in the Low-Medium Residential (4-8 dwelling units per acre) designation of the Victoria Community Plan, located at the southeast corner of Victoria Park Lane and Rochester Avenue - APN: 227-091-31. Brad Bullet, City Planner, suggested that Item I be addressed prior to Item H. PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS I. DISCUSSION REGARDING THE OPERATION OF ALBERTSON'S SHOPPING CENTER AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND ARCHIBALD AVENUE Nancy Fong, Senior Planner, showed pictures of the conditions on site. She recommended that staff be directed to work with the residents, Albedson's, and the shopping center owner to find a solution. Chairman Barker invited public comment. Dave Thompson, 7390 London Avenue, Rancho Cucamonga, thanked the City for its expediency in discussing the problem. He asked if the Commission had the authority to require Albedson's to bring the property up to current code regarding sound and sight problems by increasing the wall height and requiring landscaping to mitigate the problems. He thought that should have been done at the time Albertson's moved into the current building. He commented that the move by Albertson's had changed the lives of the adjacent residents. He stated that Albertson's has tried to be a good neighbor but there are still early morning deliveries before 7:00 a.m. and the lot sweeper arrives at 6:30 a.m., even on weekends. Robert Brush, 7380 London Avenue, Rancho Cucamonga, stated he is concerned regarding security and noise. He stated that a felon had jumped the wall from Albertson's and the Police caught him in front of his neighbor's house. He said he feels threatened. He commented that they are subjected to noise at 6:30 a.m. and at 10:00 p.m. and he thought the situation is unacceptable. Paul Davies, 7398 London Avenue, Rancho Cucamonga stated the wall is his main concern. He said that shopping carts are generally shoved against the wall and people hang around the wall and ddnk and then jump on the wall. He also complained about 10:00 p.m. deliveries and stated that he has to get up at 4:00 a.m. and drive 100 miles to go to work. Planning Commission Minutes -14- July 9, 1997 Pamela Thompson, 7390 London Avenue, Rancho Cucamonga, stated that when she last called the store to complain she spoke to a Mike and he hung up on her. She said they have no-privacy and cannot sleep with their windows open because they basically live in Albertson's~parking lot. She stated that the lot sweeper has been there as early as 3:42 a.m. She requested that the wall be extended higher, trees be built, and special windows be installed in her house. Patti Davies, 7398 London Avenue, Rancho Cucamonga, stated that Builders Emporium had been a good neighbor. She said that when Albertson's remodeled the store, they located a loading dock adjacent to her back yard. She reported they have heard refrigeration units run for two to three days straight. She stated that children climb on the wall and she feared she would be liable if a child fails into her yard. She said they hear the trash compactor and loud generators from the trucks. She felt her property value had been lowered. Soott Thayer, Real Estate Manager, Albertson's, Inc., 1180 West Lambed Road, Brea, stated they are sensitive to the concerns of the neighbors. He said they had a meeting with the residents last year after hearing of the complaints. He said they tried to see if they could have the trucks go out to Archibald but were unsuccessful. He indicated they changed the truck delivery schedule and the timing of using the trash compactor. He said they made the changes last fall and he did not realize there was still a problem until Ms. Fong contacted him after the June 25 meeting. He said he had brought the store director and a representative of the property owner. He felt the lot sweeper could be scheduled to come later and thought they could do a better job of policing deliveries. He was not sure how to handle the problem of kids jumping on the wall. Commissioner McNiel stated that he spent approximately 16 years selling bread to grocery stores and the grocery stores had tremendous power regarding the timing of deliveries. Commissioner Bethel commented that the lot sweeper could definitely be told when he could begin sweeping if he is on a contract. Commissioner Tolstoy stated that Albedson's should not accept any deliveries from outside firms before or after set times. He said they definitely have control over when Albertson's trucks come from their own warehouse. He also commented they can control the time when the compactor is used. He felt the property owner has to do something about the wall. He thought the wall should be heightened so people cannot see over it. Mr. Thompson said the wall is a retaining wall on the resident's side and is 10 feet high on their side but much shorter on Albertson's side because of the grade differential. Commissioner Tolstoy said the community is a good neighbor to Albertson's and the store is well patronized. He stated that Albertson's needs to be a good neighbor to the residents. Mike Hirz, store manager, Albertson's 9775 Base Line Road, Rancho Cucamonga, said that when he transferred to the Rancho Cucamonga store, he assumed they could receive shipments from 7:00 a.m. to 11:00 p.m. but they have since changed receiving hours to 8:00 a.m. to 9:00 p.m. He said they have contacted all of the vendors. He stated that many times they do not even know a truck has arrived and the truck merely sits in the lot until the receiving time. He acknowledged they had recently received a delivery late because a truck had broken down and arrived late, but said that was an isolated incident. He said they have recently started locking up the compactor key so that no one can operate it at night. He commented that the landlord needs to deal with the lot sweeper problem. He stated they want to be good neighbors. Commissioner McNiel thought solutions could be found to address the problems. Chairman Barker suggested putting a gate across the back. Planning Commission Minutes -15- July 9, 1997 Mr. Thayer said he had met with representatives from a fencing company to explore gating off the back entrances. He said they cannot have the lot sweeper during times when the lot has too many cars. .: .. Chairman Barker said the City would like Albertson's to remain but he requested that the problems be addressed. Commissioner Tolstoy also thought store employees should be instructed not to hang up on people who call with a complaint. Brad Bullet, City Planner, believed the property owner has some responsibility. He suggested the Commission allow staff time to work with Albertson's and the property owner to address the issue. He said staff would keep the Commission informed. It was the consensus of the Commission that a sound study should be conducted and staff should work with Albertson's and the property owner to address the situation. H. TRACT 14534- WILLIAM LYON HOMES Mr. Buller stated that the applicant had indicated he could not attend tonight's meeting and asked that the Commission go ahead and act if it supported the request, but pull the item and take no action if it did not support the request. It was the consensus of the Commission that the item be pulled at the applicant's request. J. FOOTHILL BOULEVARD ACTIVITY CENTERS It was the consensus of the Commission that the matter be moved to the next agenda because of the lateness of the hour. K. ELECTION OF PLANING COMMISSION OFFICERS Commissioner Bethel felt the Commission is moving ahead in dealing with afl kinds of issues and the present leadership should remain. Motion: Moved by Bethel, seconded by Tolstoy, carried 5-0, to retain Dave Barker as Chairman and Larry McNiel as Vice Chairman. L. DESIGN REVIEW COMMITTEE APPOINTMENTS Commissioner Macias stated he was very busy at work and was having a difficult time making the Design Review Committee meetings. Chairman Barker said he has also been very busy at work. Planning Commission Minutes -16- July 9, 1997 Brad Buller, City Planner, suggested the Planning Commission might wish to consider delegating more design review matters to staff and decreasing the items which need t_o ge before the Committee. He also observed days or hours could be changed. .. - ' Chairman Barker requested that staff return with a listing of ideas. He felt there are some things which are best done by the Design Review Committee because the Commissioners can deflect the flack from staff. He observed there are often policies which have already been established. He suggested looking at the options. Commissioner McNiel suggested holding Design Review Committee meetings bn the first and third Wednesday evenings when there are not Planning Commission meetings. He acknowledged that Mr. Bullet has to attend City Council meetings on those evenings, but suggested other staff could attend the Design Review Committee meetings. Chairman Barker said it had been difficult for some Commissioners to let go and allow staff to handle certain matters but it has worked out. Commissioner Tolstoy felt that the Design Review Committee had been instrumental in making this a good City and he did not want to abandon the idea. He thought staff needs to be seen as being there to assist applicants in processing projects. ADJOURNMENT Motion: Moved by McNiel, seconded by Tolstoy, to adjourn. 12:31 a.m. - The Planning Commission adjourned. Brad Buller Secretary Planning Commission Minutes -17- July 9, 1997