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HomeMy WebLinkAbout1997/01/08 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting January 8, 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 Ddve, 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: Paul Biane, City Council Member; Jim Curatalo, City Council Member; Ron Bieberdorf, Police Captain; Brad Buller, City Planner; Dan Coleman, Principal Planner; Ralph Hanson, Deputy City Attorney; Dan James, Senior Civil Engineer; L. Dennis Michael, Fire Chief; Gall Sanchez, Planning Commission Secretary; Alan Warren, Associate Planner; Dan Waters, Cdme Analyst ANNOUNCEMENTS There werenoannouncements. APPROVAL OF MINUTES Motion: Moved by McNiel, seconded by Tolstoy, carried 5-0, to approve the minutes of the Adjourned Joint City Council/Planning Commission Meeting of December 11, 1996, as modified. PUBLIC HEARINGS A. ENVIRONMENTAL ASSESSMENT AND VESTING TENTATIVE TRACT 15766 - MARK TAYLOR - A request to develop 264 apadments, with a condominium subdivision map, on 22.2 acres of land in the Medium Residential (8-14 dwelling units per acre) zone in the Victoda Planned Community and consideration of a request to vacate Railroad Avenue South and the east collector street known as Hanley Avenue, located on the north side of Base Line Road, approximately 800 feet west of Victoda Park Lane. APN: 227-091-14, 15, and 227-111-12 and 13. Related file: Tree Removal Permit 96-13. Staff has prepared a mitigated Negative Declaration of environmental impacts for consideration. (Continued from November 13, 1996) Dan Coleman, Principal Planner, presented the staff report and indicated that he had received several calls in opposition to the project and Council Member Gutierrez had forwarded a memorandum to the Commission indicating that he had received a call from two residents who were unable to attend tonight's meeting and asked that the Commission deny the project. He asked that the City Attorney address the school issue. Ralph Hanson, Deputy Attorney, stated that the City had previously received a letter indicating that there would be negative impacts on the schools. He explained that a 1989 state law mandates that no public agency shall deny approval of a project on the basis of adequate schools; therefore, the City does not have the right to deny the project on that basis. He observed that the City can impose certain conditions and those conditions were included in the proposed resolution. He stated that the requirement to participate in a Mello-Roos District is the highest legally allowed fee. He noted that someone had presented a letter from the Etiwanda School District at the last meeting in which the School District indicated that the City has the power and obligation to deny a development if negative impacts would result. He stated that power is only available if the development requires a change in the zoning. He noted that this project does not involve a zone change; therefore, the City is only allowed to impose the conditions mandated in the 1989 state law. Chairman Barker commented that the last time he served on the Planning Commission, the City had the power to deny a project and would not approve a project without a letter from the school district indicating an ability to handle the students. He observed that practice was then changed by the legislature. Mr. Hanson replied that the 1989 law was a reaction to a number of developers who felt they were being treated unfairly. Mr. Coleman pointed out that in 1991 the City Council lowered the density range for this property as well as others in Victoria from Medium High, with a maximum of 24 dwelling units per acre, to Medium, with a maximum of 14 dwelling units per acre, and this project is proposed at 12 units per acre. Brad Duller, City Planner, stated that the Police Department had generated some statistical information at the request of a resident. Dan Watters, Crime Analyst, stated he had provided some statistical information regarding crimes in three areas of the City at the request of resident Candice Fowler. He said the three areas were Area 1, generally near the intersection of Lemon Avenue and Haven Avenue; Area 2, generally near the intersection of Milliken Avenue and Highland Avenue; and Area 3, the Victoria tract. He said they compiled crime statistics on the single family parcels excluding commercial and apartment condominiums for felony and misdemeanor reports. He observed that the cdme rate for Area 1 is the highest and Area 2 the lowest. He said the Police had not made any determination regarding the results. He stated that Area I is highest and reasons may be because there are more apartments. He said that it is true the proposed apartment complex will have an impact but any development will have an impact. He said the Police Department could not determine whether it will be high impact. Commissioner Macias stated he was not sure of any significance of the crime statistics. He observed that other areas could also have been selected and asked what the figures really show. Mr. Waters responded that the areas were not selected by the Police Department, but rather had been requested by Ms. Fowler. Commissioner Macias noted the crime statistics were compared to the other areas but were not compared to other apartment areas in the City, older single family residential areas which may have more chine because of age, or the overall City average, etc. Mr. Waters indicated that was correct. He said he was not sure why Ms. Fowler picked those selected areas. Dennis Michael, Fire Chief, stated his department had provided a listing of calls to three areas for 1994, 1995, and 1996 in response to a resident's request. He reported that the landowners approved a Mello-Roos Fire Protection District which was set up in 1985 to provide revenues for Planning Commission Minutes -2- January 8, 1997 operations and maintenance costs for the portion of the City which encompasses the project area. He commented that in 1987 the Fire District adopted a Fire Defense Master Plan for providing fire protection as development occurred. He stated that in 1987 the project area was zoned for up to 24 dwelling units per acre and the Master Plan is based on that density. He noted that in 1991 the City Council reduced the density to a maximum of 14 dwelling units per acre. Chief Michael stated that statistics show a number of calls are generated by apadment complexes, but he believed that there is no significant difference between apartment complexes and the same number of units in a single family residential tract. He said that generally people who own their homes tend to use the services a little more. He said he reviewed the data that was provided for 1996 and noted that one single family residence generated 12 calls in that period. He did not feel the proposed apadments are an undue impact on fire protection over what has been planned for. He said the Fire Department reviewed environmental data when the project area was planned for greater density than what is now proposed. He reported that any multi-family dwelling units built after 1990 are required to have residential fire sprinkler systems which further reduces the impact of potential fire damage and injury as compared to units without built-in fire protection. Chairman Barker asked the City Attorney to review the authority that the Planning Commission has with regard to the application. He said his personal feelings regarding apartments and the increased density are a matter of record. He indicated that if tonight's request were to change zoning to allow an increase in density, he would vote no. However, he said this is not a request to increase density and it is a property where property owners have a right to develop within certain parameters. Mr. Hanson responded that the Commission must first review the project to determine if it meets all the laws and regulations of the City. He said the City has spent hundreds of hours developing detailed design standards for every type of project and the Commission must assess if it meets those standards. He stated the Commission must also determine if a particular development is compatible to surrounding properties; will it cause physical harm to any adjacent properties. He commented the Commission has the opportunity to establish conditions to mitigate such impacts. He thought the Commission has been asked to do something which it does not have the power to do. He said the Commission is designed to look at the physical impacts of structures and new development and the physical reactions from that project which can be demonstrated. He thought on this project the Commission has been asked to look at the qualities and impacts from potential residents of the structure and no one can judge the impacts of people. Chairman Barker opened the public hearing. Michael Coghlin, Mark Taylor, Inc., 6023 Nodh Scottsdale Road, Scottsdale, Adzona, stated that over the last 14 years Mark Taylor has built over 10,000 units in complexes in New Mexico, Nevada, and Adzona and is now just beginning in southern Califomia. He felt the proposed community is the finest they have ever built because of the articulation on the elevations, significant entry statements, the lowest density they have ever proposed (11.9 versus an average of 22), and uninterrupted open space. He said the City requires 40 percent of the site to be open space but they are providing 58 percent. He discussed the amenities and architectural elements. He stated they had been asked at the end of the last meeting to outline some of the mitigation measures. He said they met w~th the Police Department, both school districts, and the City Traffic Engineer. He commented they will be participating in the Mello-Roos District for Chaffey Joint Union High School with an approximate fee of $234,000. He said they met with the Director of Business Services and that satisfies the school's requirement. He reported they met with Etiwanda School Distdct and the district had previously been under the impression that they were asking for zone change. He indicated they have received a mitigation agreement from the school district and it is in the amount they had anticipated paying. He said the site plan has been reviewed by the Police Department and crime prevention design measures have been included. Mr. Coghlin stated they will be installing a private drainage system on Base Line Road to connect to the existing storm drain system across the project's frontage and he outlined the improvements they will make to Base Line Road to mitigate traffic increases. He indicated they will also participate in the MeIIo-Roos Community Facilities District for fire protection. He observed that the site plan conforms to the General Plan and is in harmony with the Victoria Planning Commission Minutes -3- January 8, 1997 Community Plan and exceeds City design standards. He remarked that the community had expressed a concern that the community will become an affordable housing complex and said they had offered to place an irrevocable deed restriction to prevent it from becoming an affordable housing community. Chairman Barker stated that the City Attorney had advised that the City cannot enforce restrictions against subsidized or affordable housing. Mr. Hanson confirmed that the City cannot participate in housing discrimination. He observed a private owner has a lot more power. Chairman Barker asked if it would be fair to say the owner can restdct subsidized housing but the City cannot tell the owner to do so. Mr. Hanson agreed that was a fair statement. Mr. Coghlin felt that all areas of potential impact have been successfully mitigated. He said they held a neighborhood meeting on December 10 to explain the project. Randy Waterman, 12502 Lantana Drive, Rancho Cucamonga, submitted petitions opposing the project which were signed by over 450 residents. The following people spoke in opposition to the project: Emmanuel Ramirez, 12342 Huckleberry Court, Rancho Cucamonga Rex Marsh, 12442 Columbine Way, Rancho Cucamonga Edward Young, 12714 Fardngton, Rancho Cucamonga Candice Fowler, 13205 Catalpa Street, Rancho Cucamonga Albert Sharp, 6697 Peach Place, Rancho Cucamonga Jim Fergot, 12351 Sweetgum Drive, Rancho Cucamonga George Marston, 6616 Rosemary, Rancho Cucamonga Colleen Sundberg, 6798 Palm Way, Rancho Cucamonga Steve Jennings, 12335 Sweetgum, Rancho Cucamonga LaVon Feeley, 12025 Coriander, Rancho Cucamonga John Fowler, 13205 Catalpa, Rancho Cucamonga Shed Rojo, 12477 Tamarisk, Rancho Cucamonga Jim Cooper, 6742 Etiwanda Avenue, Rancho Cucamonga Clarence Conwell, 6632 Mimosa Place, Rancho Cucamonga Millie Glenny, 6580 Etiwanda Avenue, Rancho Cucamonga They expressed fears about increased traffic, increased crime and gang activity, increased fire and police calls, decreased property values, crowding and increased traffic around sports facilities, inability of the City to provide adequate sport facilities for practices and games for existing residents, overcrowded schools, lack of sufficient parking for parents at Cucamonga Middle school, high speeds on Base Line Road, and lack of architectural conformance with Victorian and country atmosphere of adjacent properties. There was concern that the increased population will require development of a supermarket, auto parts store, etc. It was questioned if the traffic study took the Ontario Mills project, Fontana raceway project, and the 1-30 Freeway construction into account. There was an objection that the community was not asked to provide input for the traffic study. They felt there had been insufficient notice and they objected to an out-of-state developer. Two residents stated that Victoda was built with the thought that the Lakes project was to be built with parks, lake, and sports courts and fields but the Lakes project was not built. They therefore thought alternate services should be provided before allowing increased population. Several residents faulted the City for not building the mall and noted that Ontario built the Mills project and an auto mall. The City was also criticized for building the jail and allowing a gravel median on Etiwanda Avenue. They felt the City was allowing overbuilding in order to generate revenue. One resident stated that one member Planning Commission Minutes -4- January 8, 1997 of the Planning Commission was appointed without notice to the public that a vacancy was to occur and he asked that the City Attorney provide an opinion as to the legality of that appointment. It was felt that apartment projects decline after five years because there is no pride of ownership. It was requested that the zoning be changed and several residents objected to increasing the density. Chairman Barker stated that the developer is not asking to increase the density but has certain property dghts already established. He said the Commission can only legally make decisions based upon certain things; i.e., traffic impacts, inappropriate design, etc. Ms. Fowler said she had requested statistics on the three specific areas because she wanted to show that there are more police calls for the residences near Lemon and Haven Avenues and she felt that was because of the three apartment complexes in the area. One resident pointed out that Cdme Analyst Dan Waters had even stated that the area near Lemon and Haven Avenues may have a higher incidence of crime because of its proximity to apartments. A complaint was registered that the existing apartment complex in the area posts for rent signs in public rights-of-way and the City does not enforce sign regulations because the postings are on weekends. One resident asked that a Police substation be opened in the area if the development is approved. One resident objected to the removal of the trees. It was pointed out that the arborist report indicated that two of the trees on the north project boundary were dying but none had fallen over during the recent winds. He asked that the trees remain if the project were approved. One resident stated that several years ago the City had proposed a housing project on the north side of Base Line Road west of the original Victoria development and the City Council had called off the project because of concerns voiced by the residents. A resident stated that escrow has not closed on the land; therefore, she felt no one would not suffer if the project were denied. One resident quoted from 1991 City Council minutes indicating that Council Member Wright had stated the crowding of apartments in Victoda should be reconsidered and higher rents do not necessarily make a project nicer, Mayor Stout felt the Etiwanda Plan should be looked at again to make it a rural country atmosphere as it was originally designed, and Council Member Bouquet suggested multi- family projects should have phased construction and occupancy to ease into total occupancy. She felt that if phasing is important for an apartment complex, it is even more critical for a total City. She suggested building a few hundred homes and then building a school or park and adding on to the cost of homes to generate money to do so. It was requested that the land not be overdeveloped and land should be left for the shepherds to herd sheep. Hearing no further testimony, Chairman Barker closed the public headng. Commissioner McNiel observed that the arborist report indicated that some of the existing trees on the border of the property could survive but others could not. He stated that the Commission depends heavily upon the experts for that information. He asked which trees are to be removed. Mr. Coleman gave a bdef overview of the Tree Removal Permit. He stated the trees in question are located along the nodh property line inside the project boundary. He said the proposal by the developer is to remove ali of the trees and they would be replaced on more than a one-to-one ratio because there is an extensive landscaping boundary in that area. Commissioner McNiel noted that there had been comments regarding crowding in parks and problems with respect to youth organizations. He said that he has lived in the community a long time and there was only one park when he was involved with Little League, but the City now has 18 to 20 parks. He stated that the City's population is growing and is now at about 120,000 people, with build-out planned to nearly double that population. He commented it is a reality that there will be more people. He noted that one resident had stated that when the Etiwanda Specific Plan was adopted in the 1980s, there were objections by the people at that time because all of the open space was being lost. He said that is a fact and the community will continue to grow and the community should be able to maintain the standards that have been enjoyed. He felt housing must be provided for anybody and everybody. He thought there were very few people in the audience who had not at Planning Commission Minutes -5- January 8, 1997 one time lived in an apartment. He acknowledged that traffic is heavy on Base Line Road and Highland Avenue and that traffic travels extremely fast. He felt the proposed apartment complex is a high quality concept and he thought the developer has provided commitment to the community because of the high standards of the community. He expressed concerns about meeting the requirement of the law. He stated that the law gives every property owner certain dghts and he did not think the City can stomp on those rights. Commissioner Bethel expressed concern that the developer is from out of state. He thought that the quality of people in an apartment project is determined by the management and he did not feel an out-of-state developer would have a vested interest in the project. He commented that the project has been discussed as an apartment over the last 6 to 12 months. He thought the Victoria Community Plan does not allow apartments even though he recognized that conflicts with the General Plan. He acknowledged that the project could be recorded as a condominium map. He was concerned that it would still be apartments but the developer could later evict the tenants and sell the units as condominiums if the economy changes. He thought the intent of the Victoria Plan was not to have apartments. He commented that even though the density has been reduced, he thought the concerns expressed were valid. He stated that Crescent Heights puts out flags and signs and is obviously not fully occupied, so apartment seekers can still live in that area. He was concerned that if this project is approved, there would be a precedent set for future projects. He opposed the project. Commissioner Macias stated he had listened to the comments and read the materials presented. He indicated that having been trained as an urban planner, he had reviewed the project as a whole and looked at what is required and what is allowed on the property and what is required and being exacted from the developer for the development. He said he has a general concern for the property rights of everyone including the existing residents and the developer. He was concerned that the process has already gone so far. He stated that he is land use planner, not a politician. He observed that the developer has done what was required. He thought that if the Commission and the City Council is ultimately concerned about the requirements--the age, spirit, and intent of specific elements of the General Plan--then those issues should be specifically addressed because every project being submitted will function as this one has. He felt the General Plan should be addressed because it will ultimately dictate the future of the City. He believed that in this case, the developer had accomplished everything that was required and he supported the project. Commissioner Tolstoy stated the Victoda Planned Community was approved a number of years ago with certain densities being set for the community following a number of public hearings. He said that because the City did not want high densities, those densities were then lowered several years ago, at which time this parcel was reduced from a maximum of 24 dwelling units to 14. He indicated the densities were lowered because people had voiced an opinion that high density is not wanted. He thought the people tonight had expressed an opinion that density is still a concern. He noted that concerns had been raised about schools, sport fields, traffic congestion, cdme, inadequate police and fire services, displaying of illegal rental signs, and removal of heritage trees. He observed that heritage trees have been a problem and he stated that several houses had heritage trees fall on them dudng the recent wind storms. He stated that one of the first ordinances the City passed was a tree preservation ordinance, but it has been found that the blue gum Eucalyptus trees are a real problem because they become hollow inside as they age and are dangerous. He said the trees met the requirements of the citrus growers when they were first planted, but they no longer serve their purpose and are being replaced with trees which hopefully will not cause problems in the future. He noted that the residents had also raised concerns about density, damage to personal property, lower property values, building design, and that apartments are undesirable. He stated that because Victoria is a planned community, there are a number of requirements for every project and the project proposed is consistent with the General Plan and the Victoda Planned Community. He stated the owner of the property has property rights just as do the residents. He commented that the developer has met all City requirements including mitigations for traffic, schools, Fire District, and design requirements. He supported the project because he felt the property dghts need to be honored, the project is consistent with the General Plan, and the developer has met all the Planning Commission Minutes -6- January 8, 1997 requirements. He thought it is a good project which has a lot of amenities and has been thought through carefully by the developer. He felt the City needs to look at revising the General P~an but he did not feel the project could be denied on the basis of something the City may do in the future. Chairman Barker stated that in the early 1980s he was in the audience at a headng at Alta Loma High School at which time he gave a speech against a condominium project, citing many of the concerns raised tonight, and he has not changed his mind about the impact of density on a community. He stated that the General Plan has been modified over the years but it exists and certain rules exist. He felt the General Plan should be revisited to reflect changes in the status quo. He acknowledged that the application is in compliance with the existing zoning and all of the regulations currently in existence. He felt there is a relationship between apartment projects and crime but acknowledged that was a visceral reaction on his part and he could not provide hard evidence. He stated the City cannot deny condominiums and also cannot deny the project because it will be occupied by renters. He said the only thing he could legally hang his hat on was that he did not feel the traffic impacts have been appropriately mitigated. He observed that Commissioner Tolstoy had indicated a preference to remove and replace the trees and asked how the other Commissioners felt. Commissioner McNiel agreed the trees should be replaced. Commissioner Bethel stated he was not as knowledgeable about trees as Commissioner Tolstoy. He commented he had been without power for several days because power poles had blown down during the recent winds, so he did question if the trees are truly hazardous since they did not fall. He felt that if the project were approved, conditions should be modified to leave the trees in place. Commissioner Tolstoy felt the trees should be removed and noted there will be some grading in the area which will make them more dangerous. Commissioner McNiel thought blue gum Eucalyptus are a fire hazard and noted that limbs have fallen on houses and people. Commissioner Macias felt the trees should be removed. Commissioner McNiel asked for comments from staff regarding traffic. Mr. Buller indicated a traffic analysis had been completed with the project. He noted the public had commented regarding the adequacy of that evaluation with regard to traffic impacts. He said the City's Engineering staff had reviewed the report and found sufficient evidence to show that this project is meeting the impacts as it relates to this project and paying its fair share to transportation fees which would then address areas outside of its immediate frontage. He stated that in the past traffic issues have been resolved as development occurs. Commissioner McNiel asked what improvements will be made to Base Line Road and Highland Avenue in the future. Dan James, Senior Civil Engineer, stated this project is required to construct Base Line Road full width from future Day Creek Boulevard easterly to the full-width improvements at Hanley Avenue, which would be over 400 feet off-site. He said concerns had been raised about Victoria Park Lane because this community currently only has Victoda Park Lane to enter and exit on Base Line Road. He reported that the City Engineering Department is currently preparing an estimate to determine the cost of Day Creek Boulevard to connect Highland Avenue to Base Line Road and will be proposing an improvement project for Day Creek Boulevard in the fiscal year starting July 1997. He commented those improvements may not be full width but it will greatly alleviate the Victoria Park Lane situation. He said the City had just received bids for construction of a traffic signal at Base Line Road and East Avenue. He noted the City had just recently completed some widening on Base Line Road. He acknowledged that there will be more trips to schools on Highland Avenue, Planning Commission Minutes -7- January 8, 1997 Commissioner McNiel asked if any tra~c control is proposed on Highland Avenue beyond the scope of this project. Mr. James replied that the Route 30 Freeway is under design and should be operational by 2002, which will necessitate certain closures and rerouting of Highland Avenue. Mr. Buller stated that the Highland Avenue issue was previously raised at a City Council meeting and the Council has addressed and will continue to address this issue because the Council agreed it is a concern. He said Highland is outside the scope of this project and being handled separately. He observed that staff was suggesting addition of an engineering condition to require the developer to make a good faith effort to acquire off-site property interests necessary to construct required public improvements and a standard condition regarding CC&Rs. Motion: Moved by McNiel, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving Vesting Tentative Tract 15766 with the modifications recommended by staff. Motion carded by the following vote: AYES: MACIAS, MCNIEL, TOLSTOY NOES: BARKER, BETHEL ABSENT: NONE - carried Chairman Barker stated his no was because he did not feel the traffic has been appropriately mitigated. Commissioner Bethel cited the traffic problem and his belief that the intent of the original Victoria Community Plan was to not have apartments in that area. Chairman Barker advised that anyone can appeal the decision to the City Council and indicated staff would explain the process. The Planning Commission recessed from 9:33 p.m. to 9:48 p.m. B. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 96-03A - RANCON REALTY FUND III - A request for a land use change from Industrial Park to Community Commercial for 7.8 acres generally located on the south side of Foothill Boulevard between Aspen and Spruce Avenues and at the northwest comer of Red Oak Street and Spruce Avenue. The City will also consider changing the remaining 1.4 acres of land at the southeast comer of Foothill Boulevard and Aspen Avenue, 2.25 acres at the southwest comer of Foothill Boulevard and Spruce Avenue, and 1.2 acres at the northeast corner of Red Oak Street and Laurel Street to Community Commercial - APN: 208-352-10, 11, 12, 79, and 80. Staff has prepared a mitigated Negative Declaration of environmental impacts for consideration. C. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 96-03 - RANCON REALTY FUND Ill - A request to amend the Industrial Area Specific Plan land use designation from Industrial Park to Community Commercial for 7.8 acres generally located on the south side of Foothill Boulevard between Aspen and Spruce Avenues and at the northwest comer of Red Oak Street and Spruce Avenue. The City will also consider changing the remaining 1.4 acres of land at the southeast corner of Foothill Boulevard and Aspen Avenue, 2.25 acres at the southwest comer of Foothill Boulevard and Spruce Avenue, and 1.2 acres at the northeast corner of Red Oak Street and Laurel Street to Community Commercial- APN: 208-352-10, 11, 12, 79, and 80. Staff has prepared a mitigated Negative Declaration of environmental impacts for consideration. Planning Commission Minutes -8- January 8, 1997 Brad Buller, City Planner, reported that two letters in opposition to some of the issues had been received after preparation of the staff report and were placed in front of the Commissioners. Alan Warren, Associate Planner, presented the staff report. He indicated that the two letters from adjacent property owners voiced concerns that any development be compatible with the property to the south and have an attractive relationship. Commissioner McNiel questioned if the small parcel located north of the intersection of Red Oak and Laurel Streets is under separate ownership. Mr. Warren confirmed that it is, but indicated staff recommends including that parcel if the requested change is approved. Commissioner McNiel asked if Rancon still owns the property on which the old Harry C's restaurant is located. Mr. Bullet thought the property has been sold to the people currently renovating the building. Commissioner McNiel questioned if there had been any discussion between Wohl and Rancon with respect to cooperation in developing the propedies. Mr. Buller replied he was not aware of any. He indicated that staff had alerted Mr. Desforges of Wohl that this project was moving forward. He said staff believes the two proper[les will be wing for similar users. Commissioner McNiel indicated he had spoken with Dan Richards of Stephen Daniels and he had expressed the concerns indicated in his January 8 letter with respect to how development on this site may affect the buildings to the south. Commissioner McNiel concurred that the complex to the south of this property is very attractive and unique and he felt the Commission should be sure that development on this site does not block the view of the buildings to the south. Commissioner Tolstoy asked if the site plan included with the staff report was presented with the original application or only after staff requested one. Mr. Buller responded that this project has had a vadety of conceptual site plans going back to the original industrial park plan and a revision was made when the Harry C's restaurant was proposed. He said that adjustments were also made when Applebee's was processed. He said the plan works from a physical standpoint but no master plan was before the Commission other than being illustrative to show that the site could functionally work. Mr. Warren indicated the plan in the staff report was used for environmental analysis for traffic and air quality. He said the plan was to show square footage and possible viable uses, not design and location. Commissioner Bethel asked if the plan was to be considered a formalized plan, or was it stdctly for environmental purposes. Mr. Buller replied it was simply for environmental. He said a similar plan had been reviewed by the Commission and accepted as a concept plan when Applebee's was processed. Chairman Barker asked for clarification that the modification as proposed would allow commercial or big box retail. Mr. Bullet responded affirmatively. Chairman Barker opened the public hearing. Planning Commission Minutes -9- January 8, 1997 Elliott Shaw, Principal, Integra Engineering, Inc. 621 East Carnegie Drive, #120, San Bemardino, stated he represented Rancon I11. He indicated that Applebee's restaurant exists and an application to place Brooklyn Deli at the northeast comer of Laurel Street and Aspen Avenue will be heard by the Planning Commission in February. He stated they plan another future restaurant to be located about the middle of the parcel dose to Foothill Boulevard. He said they made a box of the maximum square footage allowed under the zone and placed it on the property to see if they would have adequate parking. He reported they determined they would have room for more than the required parking. He remarked he had also talked to Dan Richards about Mr. Richards' concerns. He mentioned they had been in process approximately seven months and noted the application will still have to be heard by the City Council. He stated that once the zone change is approved, Rancon's real estate arm will be competing on a level playing field with the Wohl people. He did not want to postpone the zone change application until they have a user because the length of time to process a zone change is too long. He said they are asking for the same opportunities that the neighboring parcel has. He said the large building shown on the plan is not fixed. He reported that Mr. Richards had suggested trying to align a driveway on the south side of Rancon's property with the ddveway of the Rancho Cucamonga Business Park to the south and he indicated they would be willing to consider that request when they have a user. He commented that Rancon wants to be a good neighbor to the surrounding properties. Commissioner McNiel asked if Rancon is seeking a bog box user. Mr. Shaw responded that they are not necessarily looking for such a user. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner McNiel said he was not opposed to the zoning because he thought it makes sense, but he was concerned that any development be sensitive to the buildings on the parcel to the south. He thought the zoning will finish out the block. Chairman Barker asked if Commissioner McNiel did not consider the application to be more piecemeal zoning. Commissioner McNiel agreed it is piecemeal zoning but said he is a realist. He thought that by the time there is a full analysis of what should be done on Foothill Boulevard, most of the zoning changes will already have been made. He felt this application is no different from the Wohl application. Commissioner Bethel thought the Commission had decided that this kind of change would only be considered with a specific site plan and that any piecemeal zoning changes would only be for large parcels. Mr. Buller stated that staff had brought forth the question at a workshop before this project was submitted. He said the Commission had discussed the policies but had indicated there needed to be further study before drawing any conclusions. He did not think there had been any formal action on the policy issues. He said the old policy called for a master site plan in the development package and a market study to show there is demand to change the zoning but the City Council did not require that when it approved the Wohl application. He stated that staff believes the application is no different from what Wohl presented. Chairman Barker thought that some of the Council Members had indicated at the joint meeting that there should be an overall plan for Foothill Boulevard so there would not be any more piecemeal zone changes. He felt the Commission still feels that piecemeal development is wrong. He thought there should be an overall plan for Foothill Boulevard so that developers would know what is acceptable and would not have to waste time on zone changes. He thought the Foothill Boulevard Specific plan needs to be readdressed quickly so it does not appear there is preferential treatment. He felt there are will be problems with developing the Wohl site because, in effect, it will turn the Planning Commission Minutes -10- January 8, 1997 street to the south into an alley and devalue the property to the south. He noted this parcel will have the same kind of an impact on the property to the south. Commissioner Bethel said he thought the Commission had agreed that site plans would be included with any proposed zone changes so that the Commission would know that the change makes sense. Mr. Buller acknowledged that was the predominant position of the Commission. But he said staff believes the recommendation on this project is consistent with the City Council action with respect to the Wohl project. He did not believe there was enough discussion at the joint meeting that staff felt there had to be a project before a zone change is considered. Chairman Barker said he thought the Council had agreed there should be an overall plan and changes should not be handled in a piece-meal fashion. Commissioner Tolstoy pointed out that he had been against the Wohl project for several reasons including the depth of the property and the impact on the neighbors to the south. He felt the site plan included with the staff report would not work because the big-box building depicted is too close to Laurel Street and he felt the project to the south should be protected from such an intrusion, as any adjoining project should be protected. He did not think the proposed square footage will fit on the site. He recalled that the architect for the Wohl project had indicated their project will be difficult to design because there is not enough depth on the property and he noted that this project is even shallower. He stated that he is however a realist and he felt the City Council had set the precedent and he would therefore support this project. He said he did not support the concept of not requiring a market study or a specific site plan and design standards. Commissioner Macias observed that the action before the Planning Commission is to approve the zoning land uses and any proposed development will still have to proceed through design review and Planning Commission approval. He agreed with Commissioner Bethel that the Commission had indicated it would want a site plan and market study but he concurred with Commissioners McNiel and Tolstoy that it is realistic that the land use will be approved. He also heard Chairman Barker discuss an interpretation of what the City Council had said during the joint meeting. He felt staff had moved forward with the project because of the lack of a formalized agreement between the Council and Commission. He stated that he is a realist and he thought it would be appropriate to take action but he suggested that the Commission agree to find a mechanism to secure what the Council wants. Being a realist, he thought the project will move forward, but he also hoped the Commission could better effectuate its skills in influencing the eventual outcome of what the project will look like. He agreed it is piecemeal, but asked what else could be done under the circumstances. Commissioner Bethel thought the Commission had already decided what should be provided for a zone change. He did not feel the Commission should go ahead and recommend approval and then later say that it is piecemeal. He thought the Commission should stand up and say that a site plan is necessary for a zone change and said he could not support the project. Commissioner Macias asked if the Commission could move forward with a zone change but not the specific site plan. Mr. Buller said that the site plan is illustrative only and the zone change does not lock in the site plan. He suggested the Commission could continue the item and forward a memorandum to the City Council based on the previous policy discussions and act on the applicant's request following a response from the City Council. He said the Commission could also recommend that the project be denied and advise the Council that the project is recommended for denial because the Commission believes certain things should be required; i.e. site plan, etc. Chairman Barker said he would prefer the first option of requesting clarification from the City Council of what the policy should be. Planning Commission Minutes -11- January 8, 1997 Commissioner Tolstoy said he would feel more comfortable with delaying the decision on this project until direction from the City Council. He concurred with Commissioner Bethel's concerns. He thought the Commission should review the memorandum before it goes to City Council. Chairman Barker reopened the public hearing. Mr. Shaw stated they have been working on the project for seven months and he would rather have the matter delayed another two months and have the Commission feel comfortable. Motion: Moved by Tolstoy, seconded by Macias, to direct staff to prepare a memorandum to City Council requesting clarification on the policy regarding zone changes on Foothill Boulevard for review at the January 22, 1997, meeting and to continue General Plan Amendment 96-03A and Industrial Area Specific Plan Amendment 96-03 to February 12, 1997. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carried DIRECTOR'S REPORTS D. USE DETERMINATION 96-04 - HUGHES INVESTMENTS - A request to determine if madtal arts studios are permitted in the Village Commercial designation of the Victoria Community Plan. Alan Warren, Associate Planner, presented the staff report. Commissioner Bethel indicated he was not opposed to the use; however, he was concerned about parking availability in centers with that use because he stated that the martial arts studio at Base Line Village takes up 50 percent of the parking on a regular basis and even more when there are special events. Commissioner Tolstoy suggested that the Commission consider special events sponsored by the studio. Commissioner McNiel asked if the request is to have the use be permitted or conditionally permitted. Mr. Warren replied that the use is not currently listed under the Victoda Community Plan and the Commission could determine either way. Dan Coleman, Principal Planner, pointed out that the use is permitted by right in neighborhood commercial centers in the rest of the City. Commissioner McNiel agreed with Commissioner Bethel that parking can be a problem, similar to dance studios and hair salons. He thought perhaps the use should be conditionally permitted. Mr. Coleman remarked that most of the karate studios hold group events at schools in conjunction with other studios in the area. He observed there have also been occasions where karate studios have conducted special events in parking lots in connection with a shopping center, and such an event is covered under a temporary use permit. Commissioner Bethel stated that people stand in the parking lot at Base Line Village to view the special events through the windows of the studio. Chairman Barker noted that the Vineyards Marketplace is a larger center. Planning Commission Minutes -12- January 8, 1997 Mr. Coleman said the concern is valid. He noted there could be problems with sidewalks or drive aisJes being blocked. Chairman Barker remarked that a conditional use permit is not needed at Base Line Village. Commissioner Tolstoy felt that anytime a business has a special event it can cause problems. He preferred to have some strings attached. He thought martial ads studios are a good use in small shopping centers because it is close to residents but he did not feel it is proper to create parking problems when events are scheduled. He thought all such events should be held in a location where there is adequate parking. He felt this should be true for all uses which schedule special events, including miler hockey, etc. Commissioner Macias agreed. Chairman Barker agreed. Commissioner Tolstoy felt martial arts should therefore be a conditional use. Brad Bullet, City Planner, observed that if the Commission determined that this use should require a conditional use permit, it would affect this location only. He noted that martial'arts studios are a permitted use in the remainder of the City. He thought that if the City tries to limit special events to off-peak hours for the shopping center it would probably push such uses out of shopping centers. He acknowledged that special events may cause parking problems but he thought there are also some reciprocal benefits to the other uses. He did not recall the City having received any complaints regarding problems with existing studios. Motion: Moved by Tolstoy, seconded by Bethel, to determine that martial arts studios are a conditionally permitted use in the Village Commercial designation of the Victoria Community Plan. Motion carded by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: NONE ABSENT: NONE - carded PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS Commissioner Tolstoy indicated he had traveled around the City recently and noticed a lot of fallen trees. He stated that even though many of these trees were large, they had never grown out of their mot ball which indicates they had been root bound when planted. He suggested that the City should reconsider policies with regard to the size and kinds of trees. Chairman Barker asked if the City plants the trees in a sheath to force the roots to grow down. Brad Buller, City Planner, responded that deep root barriers are required in certain tight conditions to protect the roots from getting out and ruining surrounding hardscape. Planning Commission Minutes -13- January 8, 1997 Commissioner Tolstoy felt that parkway irrigation systems are set up to support the groundcover matedal and do not water deeply enough for trees. He observed that the loss of trees represented years in the ground and a lot of money spent to initially plant them and to nurture them. Chairman Barker stated he had recently lost two trees which were well rooted but snapped off at about 4 to 5 feet. Mr. Buller thought that careless use of weed whackers may also be damaging the trees. He commented that developers will applaud smaller size tree requirements. He observed that generally 15-gallon trees are required. He indicated he would forward the Commission's comments to the Public Works Department. He noted that the Commission could look at the sizing of plants. Chairman Barker suggested the Commission could also talk about quality control. Commissioner Bethel requested a Director's Report be placed on a future agenda to indicate what actions could be taken to address the issue. Mr. Buller stated it is a large issue in the sense of staff resources. He noted that planners do on-site inspections and public works personnel do the street tree inspections. He did not feel there is sufficient staff to check the root bails of all trees being planted. Commissioner Bethel said he was wondering what could be done with respect to downsizing trees. Commissioner Tolstoy was not sure that downsizing trees is the answer. He felt it is the condition of the roots and deep watering. He said if the trees are root-bound, they will not survive, even if they are l-gallon trees. He thought the problem could be traced back to the nurseries having too much stock left over after the decline of building and that stock has just been left in cans. Mr. Buller commented that the Public Works Department has been conducting extensive studies with respect to this issue. He said that separate irrigation systems for trees and ground cover are now required in the Landscape Maintenance Districts wherever possible. E. TRAILS ADVISORY COMMITTEE Dan Coleman, Principal Planner, presented the staff report. It was the consensus of the Commission that the Planning Commission Trails Advisory Committee members (Bethel and Tolstoy) would interview the candidates and make a recommendation to the full Commission. Commissioner McNiel stated he would no longer be able to serve on the Design Review Committee because of work commitments. He commented that Commissioner Macias is doing an excellent job. Chairman Barker suggested that Commissioner Bethel join Commissioner Macias on the Committee. Commissioner Macias requested that the starting time be moved to 5:30 p.m. Commissioner Bethel requested 6:00 p.m. Dan Coleman stated the matter would be placed on the January 22 agenda for formal action. Planning Commission Minutes -14- January 8, 1997 Mr. Bullet requested that the Planning Commissioners check their schedules and advise staff if they would be able to attend the League of California Cities Planners Institute in March and/or the American Planning Association meeting in April. ADJOURNMENT Motion: Moved by McNiel, seconded by Bethel, carried 5-0, to adjourn. 10:55 p.m. - the Planning Commission adjourned. Respectfully submitted, Brad Buller' Secretary Planning Commission Minutes -15- January 8, 1997