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HomeMy WebLinkAbout1996/04/10 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting April 10, 1996 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:06 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. Heinz Lumpp, Larry McNiel, John Melcher, Peter Tolstoy ABSENT: None STAFF PRESENT: Miki Bratt, Associate Planner; Brad Buller, City Planner; Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Ralph Hanson, Deputy City Attorney; Steve Hayes, Associate Planner; Larry Henderson, Principal Planner; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Gall Sanchez, Planning Commission Secretary; Alan Warren, Associate Planner ANNOUNCEMENTS Brad Buller, City Planner, announced that in front of the Commissioners were some materials received following the distribution of the agenda. He stated reference would be made to those materials as the items appeared on the agenda. APPROVAL OF MINUTES Motion: Moved by McNiel, seconded by Tolstoy, carried 5-0, to approve the minutes of February 28, 1996. Motion: Moved by McNiel, seconded by Tolstoy, carried 5-0, to approve the minutes of the Adjourned Meeting of February 28, 1996. Motion: Moved by McNiel, seconded by Lumpp, carried 5-0, to approve the minutes of March 27, 1996. CONSENT CALENDAR A. DEVELOPMENT REVIEW 95-28 - WOODBRIDGE DEVELOPMENT: The design review of detailed site plan and elevations for five single family lots within Tract 10210 in the Hillside Residential District, located on the north side of Almond Street at Crestview Place - APN: 200-441-40, 48, 54, 55, and 63. B. DEVELOPMENT REVIEW 95-29 - FLATTEN - A request to construct a 3,974 square foot hillside residence located in the Very Low Residential District (less than 2 dwelling units per acre), located at 8900 Hillside Road - APN: 1061-251-29. Related file: Variance 96-04 ..... Brad Bullet, City Planner, recommended that Item B be pulled and considered with Item C under Public Hearings. Motion: Moved by Lumpp, seconded by Melcher, carried 5-0, to adopt Item A of the Consent Calendar. PUBLIC HEARINGS C. VARIANCE 96-04 - FLATTEN - A request to construct a 10-foot high retaining wall adjacent to a private driveway for a proposed custom single family hillside residence of 3,974 square feet, located in the Very Low Residential District (less than 2 dwelling units per acre), located at 8900 Hillside Road - APN: 1061-251-29. Related file: Development Review 95-29. Steve Hayes, Associate Planner, presented the staff report. Commissioner Tolstoy said he is familiar with crib walls and he asked if Loffelstein is a particular type of crib wall. Mr. Hayes replied it is a particular brand, not a special type. Chairman Barker opened the public hearing. There was no public comment and Chairman Barker closed the hearing. Commissioner Tolstoy said he does not particularly like crib walls, but he felt it is called for in this situation. He hoped the landscape architect will select a tenacious growing groundcover to put between the crib wall sections to help hold the bank. He thought it is an extremely difficult lot. He suggested Algerian ivy or something else that would grow quickly and help hold the soil in place. Motion: Moved by Tolstoy, seconded by McNiel, to adopt the resolutions approving Development Review 95-29 and Variance 96-04. Motion carried by the following vote: AYES: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: NONE ABSENT: NONE - carried D. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 95-33 - FOOTHILL MARKETPLACE PARTNERS: A request to establish a lube facility within an existing commercial retail center in the Regional Related Commercial designation (Subarea 4) of the Foothill Boulevard Specific Plan, located on the south side of Foothill Boulevard, east of Interstate 15 - APN: 229-031-37. Chairman Barker announced that there was a request that the item be continued. He opened the public hearing but there were no comments. Motion: Moved by Tolstoy, seconded by McNiel, carried 5-0, to continue Conditional Use Permit 95-33 to April 24, 1996. Planning Commission Minutes -2- April 10, 1996 E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15732 - LEWIS HOMES - The proposed subdivision and design review of building elevations and detailed site plan for 33 single family homes on 9.46 acres of land in the Community Service designation, located at the northwest corner of Base Line Road and Etiwanda Avenue - APN: 277-522-05, 07, and 08. Associated with this application is Conditional Use Permit 95-38 and Tree Removal Permit 96-05. F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 95-38 - LEWIS HOMES - The proposed subdivision and design review of building elevations and detailed site plan for 33 single family homes on 9.46 acres of land in the Community Service designation, located at the northwest corner of Base Line Road and Etiwanda Avenue - APN: 277-522-05, 07, and 08. Associated with this application is Tentative Tract 15732 and Tree Removal Permit 96-05. Brent Le Count, Associate Planner, presented the staff report and indicated that staff was suggesting a condition be added that the landscape maintenance areas along Base Line Road and Etiwanda Avenue be designated as easements rather than as dedications. He said that Standard Condition A.5, requiring the applicant to participate in a Mello-Roos District for school facilities, should have been checked off on the Tentative Tract and Design Review resolutions. He noted that it was properly marked on the Conditional Use Permit resolution. He reported receiving a telephone call from an individual who lives across Etiwanda Avenue expressing concerns about traffic hazards from having the tract empty out onto Etiwanda Avenue and asking that the Commission consider the rural character of the Etiwanda area. Commissioner McNiel recalled that the Design Review Committee asked that trim be added around all doors and windows on all homes and then additional wood siding be added on houses facing Etiwanda Avenue and Base Line Road. Commissioner Lumpp agreed. Chairman Barker opened the public hearing. David Graf, project manager, Lewis Homes, 1156 North Mountain Avenue, Upland, requested that the final tract map be revised to show landscape maintenance areas as easements so they would not have to submit a new tentative map. Commissioner Melcher did not feel the intent of the conditions was to require a new tentative map, but to add the condition so that it becomes part of tentative map. Ralph Hanson, Deputy City Attorney, replied that was correct. Mr. Graf said that was acceptable. He referenced an April 10. 1996, letter from Lewis Homes regarding the need to join a Mello-Roos District and said the letter was intended to memorialize their objection to the condition because they contend that the maximum special tax that may be imposed upon the development is $1.84 per square foot as set forth in the California Government Code and they felt that it is improper to require Lewis to annex into a Mello-Roos District. Chairman Barker observed that the letter becomes part of the record, Mr. Hanson observed that Lewis referenced California Government Code Section 65995 which limits cities as to the types of action which can be taken with regard to various residential projects; the City cannot deny them and has limited ability to place conditions upon them. He said the City has at times been placed in a position where it cannot deny a project based on adverse impacts to a School District. He stated that is the case here, in that the School District has advised that it will be negatively impacted. He pointed out that comment was placed on the Environmental Checklist Initial Study and the City used its standard condition that the applicant join a Mello-Roos district as a Planning Commission Minutes -3- April 10, 1996 mitigation condition. He said that an amendment in 1992 provided for limitations on the amounts of the Mello-Roos Districts. He stated that amendment was keyed to the passage of several constitutional amendments and bond measures and those all failed and so to did that language; therefore, there is no limitation on the Mello-Roos. He recommended that the condition not be changed. He did not think that section of the Government Code refers to that limitation. He said the condition was being added as an environmental mitigation for the mitigated Negative Declaration. He stated that under CEQA the developer must agree to conditions needed to bring the project down to a level of insignificance in order to issue a Negative Declaration prior to approval of the project. He stated that if the developer would not agree to the condition, the City could not issue a mitigated Negative Declaration. He remarked that if the City cannot approve the project with a mitigated Negative Declaration, then a focused Environmental Impact Report would be required. He asked if Lewis was willing to accept the condition as written to process the matter but was registering an objection which may be raised at some other level. Mr. Graf said they would accept the condition if it is needed in order to gain approval this evening. Chairman Barker recalled that at one time the City had the authority to refuse to approve projects if the School District would not supply a letter indicating an ability to handle the influx of students. Mr. Graf said that this particular project had a prior tentative tract map that lapsed and the number of units has been reduced over what could have been constructed. He stated they are meeting with the School District regarding the matter. He asked clarification that Engineering Division Condition 1 requires full street improvements only on the north side of Base Line Road and the west side of Etiwanda Avenue which is their frontage. Dan James said that was the intent of the condition. Mr. Graf stated that beautification fees have been previously paid by Barmakian and others and he requested that Engineering Condition 5 reflect that those fees be applied toward enhancing the Base Line Road median island. Mr. James said that Lewis has submitted a letter requesting that the City review all of the fees previously paid. He stated that staff has spoken with the City Attorney's office and the general intent is that the fees paid previously run with the land and will be processed accordingly in due process. He did not think it necessary to revise the condition because the review is ongoing and the condition is flexible. He said the money paid by Barmakian is set aside in a trust fund for the purpose of median island landscaping and can only be used for that. Chairman Barker asked if the applicant understood the flexibility allowed by the condition as it is worded. Mr. Graf said the condition was acceptable. He said that would probably also address his next comment which was in regard to Engineering Condition 8.b regarding an in-lieu fee for undergrounding of utilities along Etiwanda Avenue. Mr. James said the response would be the same. Mr. Graf said they would like the fees paid by Barmakian deducted before they are charged. He acknowledged they will have to pay additional fees. He requested that Environmental Mitigation Measure Condition 5.b be revised to require that they pay a fee in lieu of constructing drainage facilities into the Etiwanda/San Savaine drainage area since their project will only contribute .9 acre to that. Mr. James stated that the project was scheduled prior to the approval of the conceptual grading plan in an effort to streamline the process. He said that at the time, it was not known which way the Planning Commission Minutes -4- April 10, 1996 drainage would flow and so the condition was written to require compliance with the drainage policy if the project were to drain to the Etiwanda/San Savaine area. He reported that the grading plan has been conceptually approved and there will be a minimal amount of drainage in that direction, so Condition 5.a will apply to the site. He said staff would agree to deletion of Condition 5.b. Commissioner Lumpp suggested that Mr. Graf work with staff in the future to have conditions clarified. Mr. Graf said he had enjoyed working with staff and he felt the process has been rigorous but it has also been productive and made for a better project. Richard Ronneburg, 11369 Mt. Wallace Court, Rancho Cucamonga, stated he was appearing for Roland and Ann Smith who own the property at the southwest corner of Etiwanda Avenue and Base Line Road. He said they felt they would like to develop their property as commercial land in the future and he asked if this application would have any bearing on their future plans. Mr. Buller said that the action tonight would not impact the zoning on any adjoining property. Michael Toy, 17862 East Seventeenth Street, Suite 204, Tustin, stated he was with the law offices of Parker, Covert & Chidester and they represent the Etiwanda School District. He said the School District agrees with the City Attorney and Planning staff regarding the condition of approval on the Mello-Roos. He observed that Mr. Graf's letter of April 10, referred to an April 8, 1996, letter he had sent to Lewis. He provided copies of his April 8 letter for the record. Copies were distributed to the Commission. Barry Gray, 7249 Dunmore Place, Rancho Cucamonga, stated he lives on the west side of the project. He was concerned about the window level of the home to be built behind his back yard. Commissioner Lumpp thought that the conceptual grading plan shows that the new lots will be lower than the adjacent lots. Mr. Gray asked if it will be a two-story home behind his. He said he did not want someone looking into his spa. Mr. Gray looked at the grading plan and said everything appears okay. Hearing no further comments, Chairman Barker closed the public hearing. Commissioner McNiel said that the Design Review Committee and the developer met several times regarding the project and he felt the project will be very nice and will augment the community. Commissioner Tolstoy felt it is a better project than what was previously slated and he supported it. Commissioner Melcher supported the project. Commissioner Lumpp felt this was a first step toward creating an architectural treatment for single family homes which is more conducive to what the Commission is looking for in terms of reducing the impact of garages on front elevations. He thought Lewis Homes had worked well with the City on that issue. Chairman Barker noted that there had been discussion regarding the enhanced window and door treatment on all elevations, elimination of Engineering Condition 5.b with respect to drainage and a clarification on Engineering Condition 1 regarding street improvements on Base Line Road and Etiwanda Avenue frontages. Planning Commission Minutes -5- April 10, 1996 Motion: Moved by McNiel, seconded by Lumpp, to issue a Negative Declaration and adopt the resolutions approving Tentative Tract 15732 and Conditional Use permit 95-38 with the modifications indicated by Chairman Barker. Motion carried by the following vote: AYES: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY NOES: NONE ABSENT: NONE - carried The Planning Commission adjourned from 7:55 p.m. to 8:00 p.m. G. CONDITIONAL USE PERMIT 96-04 - FRANCIS BALCHAK - A request to establish a 1,075 square foot video arcade and a 2,207 square foot pool room in conjunction with a 2,100 square foot restaurant within the Neighborhood Commercial (NC) shopping center located at the southwest corner of Hellman Avenue and Base Line Road - APN: 208-202-17. Alan Warren, Associate Planner, presented the staff report and indicated that additional correspondence had been received including four letters from two of the businesses in the center in support of the project and two letters of opposition from residents in the condominiums to the south. He said the applicant had also provided a letter dated April 8 modifying his request by reducing the number of pool tables from 10 to 6 and the number of video and arcade games from 35 to 25. He stated that staff is still concerned there may be a problem with loitering outside even if the business is run very well on the inside. Commissioner Melcher asked that staff comment on the relationship on the kind of zoning on this property and that at the southwest corner of Haven and Lemon Avenues and the size and nature of this operation as compared to the size and nature of the recent application at Haven and Lemon Avenues. Dan Coleman, Principal Planner, stated that the zoning at both centers is Neighborhood Commercial and both centers are approximately the same size. Chairman Barker opened the public hearing. Frank Balchak, 11344 Genova Road, Rancho Cucamonga, stated that 18 months ago he applied for a conditional use permit for Mr. C's located at Base Line Road and Victoria Park Lane between the mini-mart and Subway. He said has never had a problem at that other location. He indicated he works with the schools and teams and several weeks ago Upland band brought in a group on a bus. He stated there are not very many places for such groups to go where they can have food and a place to play. He said it gets very crowded at Mr. C's with teams and birthday parties, etc. and that was one of the reasons he wanted to open at this location with more square footage. He said he has 3,200 square feet at Mr. C's, approximately 27 percent of the square footage of the center, and Bunky's is about 24 percent of the center. He noted that the food area at Mr. C's is 2,100 square feet while it is only 1,200 square feet at his new location. He proposed having hamburgers, french fries, ice cream, and sodas and stated there would be no beer, wine, or smoking. He expressed a willingness to open and close with a curfew. He said he wanted to give kids a place to go. He indicated they have already had one birthday party and they currently have a 2,100 square foot restaurant and an 800 square foot video game space with five video games and one pool table. He said they are proposing the large size because of the number of people who like to have parties there and use the facilities. He stated he does no advertising but instead attracts business by offering free tickets through the school and getting repeat business from that exposure. He said he currently opens for breakfast at 7:00 a.m. and closes around 8:00 p.m. He stated they question Planning Commission Minutes -6- April 10, 1996 youngsters who come in during school hours. He said some people have come in to start teen-age dart leagues and give instructions on pool. He commented they plan to have different color tables and gear the activities toward children. Commissioner Melcher asked if the applicant had said there would be no wine, beer, alcohol, or smoking. Mr. Balchak said that was correct. He said he has two other locations with beer and wine and he does not want a third. Commissioner Tolstoy asked if the applicant intended to apply to serve beer and wine in the future. Mr. Balchak responded negatively. David Burger, Sr., 7422 Lariat Place, #A, Rancho Cucamonga, stated he lives in the apadment complex immediately behind the shopping center. He indicated he is a neighborhood watch captain for their apartment complex. He said he had to break up a gang fight at the entrance of the apartment complex within a week of Bunky's opening and they had come from Bunky's. He stated that Lion's Park is immediately adjacent and has youth activities which are supervised by people who are licensed by the State of California. He felt there is no need for Bunky's to expand. He said there is already a loitering problem and that has increased since Bunky's opened. He felt there is a problem with traffic in the center which is adjacent to the entrance of their complex. He did not think there is sufficient parking in the center to handle the proposal and said the parking lot is already full every day. He stated that the liquor store adjacent to Bunky's has been known to sell alcohol and tobacco to school children. He said he has seen children in Bunky's playing the arcade games with their backpacks on the floor. He felt that meant the children had stopped there before going home after school and said that is against the State education laws. He stated he had brought that to Mr. Balchak's attention and Mr. Balchak had indicated it is up to the parents to be sure that children go home after school. He felt that was not a proper attitude for a proprietor of such an establishment. He thought there should be no rush to approve the applicant's permit. He said the applicant had indicated at the neighborhood meeting that there have been no problems at Mr. C's, the location at Haven and Lemon Avenues, and the set up is the same. He said he checked and did not feel the situation is the same as the shopping center with Mr. C's is better separated from the neighborhood. He did not feel that playing pool is educational for children and felt the situation is different from having a pool table in a home where neighborhood kids come over. He thought the establishment had already negatively impacted the apartments and felt if the use is approved, it would not be a good, safe environment for his child. Linda Alden, 7389 Lion Street, Rancho Cucamonga, stated she lives immediately behind Lions Community Park. She indicated she bought her home in 1989 before the park was constructed. She said that approximately 2% years ago there was a drive-by shooting following a supervised dance at the park. She stated she has already had to call the Police several times because of the park situation and she felt that allowing a pool hall would seriously escalate the problems. She feared it would depreciate her properly values. She said she has observed illicit activities in the park, has had tires flattened, and hood ornaments stolen. She did not think the use is conducive to the neighborhood. Mark Harrison, 9247 Spur Drive, #6, stated he is the on-site manager of Rancho Meadows Apartments. He said he was not too concerned about what goes on inside the establishment but rather what happens when the kids leave. He said that since Bunky's opened there has been an increase in kids hanging out behind the parking lot which looks over the apartment wall. He stated there is a walkway from the center to the front entrance of the apartments. He commented there has been an increase in graffiti in the center and on the apartment walls and stop sign. He stated that several residents have indicated they will move if the use is expanded and he presented a petition Planning Commission Minutes -7- April 10, 1996 signed by 44 residents and owners of the complex opposing the conditional use permit. He felt the use will have an adverse affect on the community. Elfdede (aka Freddie) Williams, 7361 Saddle Road, Apartment A, Rancho Cucamonga, stated she is a resident of the apartments. She said she has observed teenagers buying liquor and cigarettes from older teenagers in the back of the parking lot. She acknowledged that Mr. Balchak had said he would not allow smoking or alcohol in the establishment, but she feared it would not stop the kids. She said kids currently try to throw bottles over the wall into the apartment trash bins. She said there used to be a lot of gang violence when there was a telephone on the southeast corner of the liquor store. She reported the lights behind the center are knocked out so the area is dark. Lynn Courtney, 9330 Base Line Road, #202, Rancho Cucamonga, stated she is with the management company which took over management of the center on November 1, 1995. She said the first problem they addressed with the tenants was the loitering and rollerblading in the center. She stated that Play It Again Sports attracts a lot of unsupervised youngsters. She said they posted signs and worked with the Police Department to cut down on rollerblading and there had been 15 arrests for rollerblading. She felt there has been a decrease in rollerblading and loitering over the last five months. She said she signed a contract for graffiti control and they have been doing a good job of removing graffiti. She asked that the conditional use permit be approved. She said they need to rent the space and she would like to see Bunky's approved because it is a family oriented place. She stated the property owner has agreed to do several things including fencing in the back area so that only shopping center tenants would have access. She was not sure if a trash truck will be able to get into the back if the area is fenced off. She thought she may have to move the trash enclosure outside of the fenced area. She felt they could also put in some high lights in the rear of the property. She said she has an 800 number for the graffiti control people and she would provide that number or her number to adjacent residents so they could call to have graffiti removed. She said they also manage the property at Mr. C's and there have been no tenant complaints regarding loitering since she starting managing that property. She suggested checking to see if there had been any Police calls. She stated that the Police need to be called whenever someone observes drug deals in the back of centers. She said she wants to see the center come alive and she felt it has been looking better since she started managing it. Sharon Apple, 1041 East Foothill, Upland, stated she is an agent for Lariat Homeowners' Association, also known as Rancho Meadows Apartments. She said she represents the owners of the 22 buildings. She agreed that the center looks a bit better since the new owner has taken over. She stated that graffiti may have been removed today, but there had been considerable graffiti there from March through yesterday. She said she wrote five separate work orders today to remove graffiti from within Rancho Meadows and graffiti is appearing daily. She said they have 88 units and tenants complaint constantly because of problems which they feel spill over into their complex. She said she did not oppose having a pool hall. She commented that the Lion's Center has supervised staff but she would rather have the library back then what is going on now. She said she was here to represent the owners who ask that the conditional use permit be denied because of the traffic and problems they are already experiencing. She reported there are two light standards at the back of the center which have been inoperable for at least three months. She said it is very dark back there and kids congregate there and perform illicit activities. Kimberly Perry Price, 9255 Spur Drive, #C, Rancho Cucamonga, stated she resides in Rancho Meadows Apartment building and she supports the application. She indicated she had spoken with the Balchaks on several occasions and she and her family have visited the business. She said they enquired about the supervision and they were satisfied with the type of supervision, hours, and facilities they would provide for the youths. She agreed with Ms. Courthey that some of the issues were there before Bunky's moved in. She said there had been problems when the telephone booths were there and the booths were removed. She noted that the telephone booths have been back for a few months and said they were tagged within three weeks of being returned. She commented that was before Bunky's even opened. She concurred that Play It Again Sports attracts a lot of Planning Commission Minutes -8- April 10, 1996 unsupervised youths. She said she has not noticed that the parking lot is crowded even though she can see into the center when she leaves her unit to go to her car. She acknowledged there is loitering but said she did not know if it is any better or worse. She understood the concerns of her fellow tenants but felt Bunky's should not be held responsible for problems because the problems were there before Bunky's was opened and would continue even if Bunky's were not there. She suggested that tenants, Bunky's personnel, or other tenants in the center should contact the proper authorities if the children are doing anything improper. Mary Bradford, 9160 Alder, Rancho Cucamonga, said youngsters do not have any place to play. She felt that the Balchaks have wonderful children and Bunky's provides a good place to play. She said Mr. Balchak makes sure his patrons know the rules when they come in. She stated she lives on the rim above the apartments and there have been problems for years including someone starling a fire near her house. She said there is a playhouse in the woods where kids love to go because they can hide there. She agreed that the park has been a problem but said that is not happening at Bunky's. She requested approval. Lenore Chu, 3374 Yankton Avenue, Claremont, stated Bunky's has not caused much of a problem yet; however it is not as big as they are proposing with 25 video games and 6 pool tables. She thought that teenagers are impressionable and vulnerable and she did not feel it would be a good idea to build a pool hall across from a high school and a junior high school. She feared the use will attract people from other communities and there will be gang members and teenage drug dealers hanging out when the business grows. She stated that teachers are trained to watch over children and she feared there would not be enough supervision at Bunky's. She felt the use would attract children who would then go to the liquor store and take the liquor to the park. She noted that graffiti is generally a sign of gangs trying to establish themselves. She stated that parents are concerned because of low test scores and she lamented that the library had been closed and children would now be attracted to improving their pool and video skills. She noted that children have ads and crafts and positive activities provided at the community center. She thought it is not right to indicate that it is the parent's responsibility to be sure that children go home immediately after school, as most parents work and are not home. She thought society has the responsibility to protect the children. She said the atmosphere in Bunky's may currently be like a family, but she felt that is because there is only one pool table and a few video games, not 25 video games and 6 pool tables. She stated that liquor stores are not allowed within a 1-mile radius of Stanford and many other colleges. She noted there is already a liquor store in the center and she felt it would not be advisable to add a pool hall with a park nearby. She noted the Planning Commission has high aesthetic standards for the buildings and landscaping. She requested that the Planning Commission deny the application because children depend upon the judgement of adults. Mardine Williams, 621 North Churchill, San Dimas, stated she is one of the owners at Rancho Meadows Apartments. She said she would not be proud to live next to a pool hall. She asked what children did before arcade games. Dr. Sue Sundell, 211 West 5th Street, Ontario, stated she is Director of Business Services for Chaffey High Joint Union High School District. She supported staffs recommendation of denial. She urged the Commission to think of the matter as a land use issue and decide if the proposed use is compatible with what already exists in the neighborhood. She stated that the School District has problems with young adults who are older than the students. She said she lives in a neighboring community which allowed a similar use in the neighborhood of their high school and it is a source of continuous problems with loitering, crime, and frequent police calls. She asked that if the project is approved, that additional conditions be added, such as regulating the hours of access for minors and imposing security requirements. She stated that the owner appears to be a good business person who wants to do the right thing, but she remarked that the permit goes with the property and she feared a future owner may not be as responsible. She thought a similar use in the right neighborhood would work well because it would not be an attractive nuisance added to existing problems in a neighborhood. Planning Commission Minutes -9- April 10, 1996 Sue Balchak, 11344 Genova Road, Rancho Cucamonga, stated she is married to Frank Balchak and they live in Rancho Cucamonga. She agreed with Dr. Sundell that minors should be restricted to after school hours. She said she would be happy to post signs and she welcomed the opportunity to work with the schools. She said she had already spoken with Dr. Yates of Central School District and Dr. Koenig, the principal at Cucamonga Middle School. She said she is a parent and knows about truancy. She thought that a conditional use permit can be revoked at any time. She observed there had been testimony regarding a drive-by shooting and said she understood that was related to a half-way house that used to be located on the street. She felt children need outside activities and if there are no such activities, they will be loitering at the park and other places. She indicated a willingness to paint over the graffiti so long as they are supplied with the right color paint. She said the tagging that is present has been there since before they opened. She said she understood the concern about attracting people from other communities, but she was not sure that would happen. She remarked they have not had such problems at Mr. C's Pizza. She thought that kids who want to create problems would not be coming there because they would not have alcohol and cigarettes. She felt the community should respect children and give them an opportunity to do something other than loitering. She requested approval based on their past record at Mr. C's. Albert Chu, 3374 Yankton Avenue, Claremont, stated he owns one of the buildings in the complex. He thought perhaps Bunky's could control things while they are open, but he feared there may be problems when the facility closes. He said there is already a problem in the area and he felt approving the use would increase the problems. Thomas Boucher, 9155 Alder, Rancho Cucamonga, stated his son goes to Bunky's quite frequently. He thought Bunky's is a good place. He said he lives about three blocks away and there is graffiti in his neighborhood and Bunky's has nothing to do with it. He commented that graffiti has been there long before Bunky's. Joanna Balchak, 11344 Genova Road, Rancho Cucamonga, stated it is a crime for someone to sell alcohol or tobacco to a minor and she urged people to report such things to the Police and not associate those activities with Bunky's. She asked where kids should go for the summer and she felt that Bunky's should be open to give kids something to do. Mr. Balchak said he had spoken with the owners of the center and they said they would put a stop sign by the insurance office which he thought would help alleviate some of the traffic problems going to the apadment complex. Commissioner Lumpp asked how many video games are currently in Bunky's. Mr. Balchak replied there is one pool table and five video games. Commissioner Lumpp observed that Mr. Balchak had indicated he owns two other establishments. He asked how Mr. Balchak manage the operations. Mr. Balchak replied he has two daughters in college who now do about 80 percent of the work at Mr. C's. He said the other operation is a sports bar and grill with outdoor horseshoe pits which is owned and operated with two other partners. He said he spends approximately two days at each location and his wife spends a lot of time at Bunky's. Commissioner Tolstoy observed the staff report indicates he wants 10 pool table and 35 video games. He asked if that was correct. Mr. Balchak responded he had lowered his request to 6 tables and 25 games. He said the 25 games would not all be video games. He remarked that they want to appeal to families so they will have games similar to Chuck E. Cheese. Planning Commission Minutes -10- April 10, 1996 Commissioner Tolstoy asked how many pool tables are in Mr. C's. Mr. Balchak replied there are three 4~ foot by 9 foot regulation size tables and two 3¼ foot by 7 foot bar size. He said he also has foosball, air hockey, pin ball, darts, and approximately 8 to 12 video games. Ms. Alden suggested that Police records be checked prior to granting any approvals. She felt the number of calls to the area will double because she feared that if the management at Bunky's were to eject any patrons, they would go to the park. Ms. Chu said she believes the majority of people who would patronize Bunky's are good, but she feared they will be contacted by bad elements. She said she has been a teacher for 25 years. Chairman Barker closed the public hearing. Commissioner McNiel stated that it is difficult to make a decision when there is an emotionally charged issue. He thought that the applicants gave an excellent presentation and they appear to be capable in running their business and wanting to expand their business. He felt the neighbors are emotionally charged because of past experiences and what they have read in newspapers about places which have had problems and experienced negative factors. He observed that as a parent he had been involved in various sporting, scouting, and other youth oriented functions and he concurred that the vast majodty of youngsters are neat people. He thought that most of the facilities that the Balchaks are trying to emulate are approached with noble intentions, but many times things stad to slip after awhile. He felt that most of the problems occur outdoors and he feared that outdoor supervision would not remain in place. He said that one of the biggest problems this center currently faces is skateboarding and he understood that is being addressed. He was concerned that without adequate outside supervision there would be problems because the shopping center is small, is very close to the apartments, and contains a liquor store. He said he found it difficult to support the application in this location and noted that it is less than 3/10 of a mile to the junior high school and near a senior high school. Commissioner Tolstoy thought it is important for a City to entertain its residents. He felt the City has done a lot by providing the Epicenter, parks, the library, and Lions Center. He thought it is most impodant for any business which caters to young people to have excellent management not only within their facility but also to take some responsibility for management outside the facility. He said he visited Mr. C's today but he unfortunately arrived before the business opened. He indicated he was concerned because the windows had been etched and there was graffiti in front of the store. He reported he spoke with business people at several of the other shops in the center. He indicated the business which fixes cars closes at 6 p.m. and the manager had no problems with Mr. C's but the gas station said that his night manager is having problems with loiterers. He stated the manager of the mini-mart indicated a lot of young people congregate in the center and there have been problems. He commented he therefore was concerned about the outside management of the business. He observed that the graffiti and the glass etching would certainly be discernable to the management of Mr. C°s and he was surprised nothing had been done. Commissioner Tolstoy stated that both he and his wife have been associated with schools for many years and he did not think it is compatible to have the proposed type of establishment frequented by students on their way home. He observed that the shopping center shares a driveway with the apartments to the south and that there is no access to Hellman Avenue. He noted that at the neighborhood meeting two residents spoke in favor of the application but they also suggested that the residents organize to monitor any problem activities in and around the center. He felt that indicated that the residents recognize there is a problem. He said there are a number of pool hall facilities in the community and he thought most of them are in larger centers. He thought such a facility is not suited to a small neighborhood center but is an excellent use is larger centers where there is more room for buffering and the use is not so close to residences. He said he could not make the finding that the proposed use would not be detrimental to public health or safety. Planning Commission Minutes -11- April 10, 1996 Commissioner Lumpp concurred that the City supports and has done more than most communities to provide opportunities for creative recreational activities. He also agreed with Commissioner Tolstoy regarding the issue of management. He felt that the facility will not attract top students, but rather average ones looking for a thrill. He thought that having the liquor store in such close proximity would provide a perfect opportunity for youngsters to have someone buy them liquor and cigarettes and then loiter either in the parking lot or in the park, outside the bounds of the restaurant. He was also concerned about conditions existing at the center where Mr. C's is located and he felt that there is an obligation of the management to be sure that the business does not create problems outside, similar to a bartender serving an intoxicated person a drink. He did not oppose expansion of the restaurant but he felt expanding the pool table area and gaming area would provide an opportunity for teenagers to tweak the law a little bit and aggravate adults. He felt the use would be detrimental to the neighborhood and he did not support the application. Chairman Barker asked Commissioner Melcher for comments. Commissioner Melcher suggested moving forward to the action. Chairman Barker stated that if the facility was in operation and an application was received to open a liquor store two doors away, the Commission would deny the liquor store. He felt the use is attractive and it would impact supervision away from the eyes of the applicant. He thought that Ms. Courtney is professional but he feared the impacts could not be sufficiently mitigated. Commissioner Tolstoy hoped that the decision would not become political. Motion: Moved by Tolstoy. seconded by Lumpp, to adopt the resolution denying Conditional Use Permit 96-04. Motion carried by the following vote: AYES: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: NONE ABSENT: MELCHER - carried Commissioner Melcher felt the applicant had been mislead by an ordinance which suggests that a permit could be obtained for his use in the zone. He suggested that the ordinance be re-examined. He asked where pool games for children could be located if they are not allowed in a location such as proposed. He questioned if there is any reason not to have such games. He said he goes to almost every shopping center in the City and every one is plagued with loitering by young people with nothing to do. He felt that one of the worst examples is by the Warehouse on Foothill Boulevard and the Stater's center on 19th Street and he asked if that meant that there should be no more music stores or grocery stores. He thought the problem is societal rather than with the businesses and he felt applicants should not be encouraged to apply only to be denied. Commissioner Tolstoy felt it is right to have pool halls in the City but he noted this one wants to expand in a neighborhood commercial center that is too close to residences. He noted there is a pool hall at Thomas Winery but said that neighborhood has more buffering. He thought such a use is not conducive to a very small neighborhood center. Chairman Barker felt it is inappropriate to try to justify a vote after a decision has been made. He thought the sharing of information and debating should take place before a vote is made. The Planning Commission recessed from 9:40 p.m. to 9:50 p.m. Commissioner Melcher did not return to the meeting. Planning Commission Minutes -12- April 10, 1996 OLD BUSINESS H. CONDITIONAL USE PERMIT 94-19 - COOK ('ACCU-CENTER) - A periodic review of an approved massage establishment located at 7890 Haven Avenue, #11 - APN: 1077-401-29. Dan Coleman, Principal Planner, presented the staff report and indicated that staff had received two letters from the applicant's attorney requesting that the matter be continued to April 24, 1996. He said that staff did not recommend continuing the item because the Commission was only being asked to set the matter for public hearing, at which time testimony could be taken. Chairman Barker observed that there would be no advantage to the City to continue the matter because the Commission was only being asked to place the item on a future agenda. Motion: Moved by McNiel, seconded by Tolstoy to place Conditional Use Permit 94-19 on a future agenda for consideration of possible revocation. Motion carried by the following vote: AYES: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: NONE ABSENT: MELCHER - carried DIRECTOR'S REPORTS I. CONDITIONAL USE PERMIT 94-30 - McDONALDS - A periodic review of an approved fast food restaurant located at 8701 Base Line Road. Steve Hayes, Associate Planner, presented an update. He indicated that a representative of the applicant was present this evening. He stated that staff had notified the applicant's engineer and advised that the berming is unacceptable and requested that a revised grading plan be submitted with a more undulating nature and more natural contours of the land. He said that once the grading plan is submitted, staff would review it and approve it so the landscaping contractor could complete the work. He reported that staff has filed complaints on other businesses in the City that have corporate signs on trash receptacles, telephone booths, and directional signs. He said the applicant had also indicated the store manager would be asked again to remove the flowers which have been planted in the shape of the logo. Commissioner Lumpp questioned the berming. Mr. Hayes stating that the berming shown on the conceptual and detailed grading plan is fairly in compliance with the existing conditions on the property prior to the berm which was recently added. He said the berm was revised in response to concerns raised by staff relative to screening of the drive-thru lane. Commissioner Tolstoy stated that the berm currently looks like a dike used to divert water. He thought the berm should go from the top of the slope gradually to the curb. Commissioner Lumpp asked if the matter was on the agenda to determine if the matter should be set for public hearing for possible revocation of the use. Brad Buller, City Planner, stated that staff had placed the matter on the agenda at the request of the Commission to determine if substantial progress had been made. Planning Commission Minutes -13- April 10, 1996 Commissioner McNiel felt that during the design review process and at the time the item was approved, there was relatively clear direction that the Commission was looking for treatment more consistent with the rest of the community. He thought the treatment is substantially less than what is desired. He noted that staff and the Commission have discussed the matter with the applicant over the past three to four months and he felt not much progress has been made. He felt that staff had been unable to get compliance and he suggested that the Commission get it done. Commissioner Lumpp agreed. Chairman Barker invited public comment. Rod Lucio, McDonald's Corporation, 4370 La Jolla Village Drive, Suite 800, San Diego, showed a computer generated photograph which was used in the Pre-Application review. He noted that cars were visible in the drive-through lane. He said that landscaping is subject to being changed through the process and the applicant therefore presented detailed landscaping and grading plans and the project is then built according to the approved plans. He stated that after the construction, they quickly added the berm without having a formal grading plan in an effod to address concerns raised by the Commission. He said when they were advised that the berming is not acceptable, they decided it would be best to revise the grading plan and work from an approved plan so that they would not continue to guess at what would be acceptable. He staled that the corporate flag has been removed. He said he had directed the store manager several weeks ago to remove the flowers which were planted in a logo shape and said he would again make that request. He commented that many fast-foot restaurants in the City have corporate Iogos or~ newspaper stands, drive-through signs, telephone booths, and in other locations around the restaurant. He said they do not consider it signage and they would be willing to remove it so long as there is equal enforcement on other fast- food restaurants. He believed that letters have been issued to the other operators but he understood the matter had not yet been resolved. He did not think they have been unresponsive and observed that things take time. Chairman Barker observed that several issues had been raised: grading plan, directional signs, extra signage on telephone booths etc. Mr. Buffer observed that staff had raised the issue on the additional signage. He thought the applicant needs to address only the landscaping/berming issue in order to be in compliance with what the Commission approved. He said that staff did not recommend that the matter be set for revocation but he urged that the applicant provide a tentative schedule of when the matter can be addressed. Commissioner Lumpp asked if the applicant could provide a schedule. Mr. Lucio said his direction to the contractor was to get it done. He said he would call the contractor in the morning. He asked how long it would take to get the grading plan approved and thought it would probably take about a month. Mr. Buller stated that staff would be able to review it within 24 to 48 hours. He asked if the Commission wanted the plans to be reviewed by the Design Review Committee or perhaps a subcommittee. Commissioner McNiel suggested having the plans reviewed by the Design Review Committee on a consent calendar basis. Mr. Bullet said that would be acceptable, but it may delay the process. Commissioner McNiel suggested that he and Commissioner Lumpp could perhaps view the plans on an individual basis. He suggested perhaps a six-week time frame. Planning Commission Minutes -14- April 10, 1996 Mr. Lucio said he would be willing to meet with Commissioners Lumpp and McNiel or he would have a construction project manager, real estate representative, real estate manager, or construction manager meet with them if he is unavailable. Commissioner Tolstoy felt staff and the applicant need to establish a time once the applicant talks to the engineer to see when the plans can be finished. He suggested that the Commission be informed of a time line set by staff and the applicant. Chairman Barker asked if Commissioner Lumpp was satisfied with having the Design Review Committee review the plans. Commissioner Lumpp responded affirmatively. He felt the matter had dragged on for several months. He suggested the matter be placed on the agenda for the second meeting in May for a possible revocation and then cancel the meeting if everything is resolved. Chairman Barker did not think it would be necessary to set the matter for a possible revocation hearing at this time. Commissioner Tolstoy agreed with Chairman Barker. Commissioner McNiel felt the City needs to set the time. He suggested the matter be reviewed in six weeks to determine if a public hearing should be scheduled for possible revocation. Mr. Buller suggested the matter be placed on the next agenda so that staff could inform the Commission as to the time line. J. DISCUSSION OF APRIL 2, 1996, LETTER FROM WOHL REGARDING GENERAL PLAN AMENDMENT 96-01A AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 96-01 Brad Buller, City Planner, stated that following the last Planning Commission meeting, the applicant requested an opportunity to meet with the Commission before the matter is heard by the City Council on April 17, 1996. He said the applicant had therefore submitted the letter which was included with the staff repod. Chairman Barker stated the Commissioners had read the letter and asked that Mr. Desforges not go over the letter point by point. Peter Desforges, General Partner, Wohl/Rancho Partners, 3402 Michaelson Drive, #170, Irvine, stated that he had written the letter in an attempt to answer some of the concerns raised by the Planning Commission at the last meeting. He said the land use decision will be up to the City Council but he stated he wanted to keep the lines of communication open and give the Planning Commission an opportunity to comment on the arguments which he will present to the City Council. He indicated he did not want any misunderstandings on what was said. He felt some reasons given to decline their submitted use change should be addressed. He observed that Commissioner Melcher had referenced the study made at the time the Terra Vista Community Plan was prepared and the fact that the centers concept proposed for the north side of Foothill Boulevard differentiated that development from a strip center approach. Mr. Desforges stated he had a conversation with a representative from the company that prepared the plan and they indicated that the term strip centers refers to development that is not a cohesive shopping center and has separate driveways for each property and a lack of consistent landscaping and pedestrian access. Planning Commission Minutes -15- April 10, 1996 Chairman Barker stated that at the time the plan was adopted, the City and Commission felt that was not the general meaning of a strip center. He thought the term had been clearly defined by the Commission and he did not feel there was any confusion on the part of the Commission. Mr. Desforges stated they are expecting an offer from a tenant who usually has larger stores in larger power centers and is now looking at a smaller concept store of 20,000-25,000 square feet to be placed in a smaller center such as their proposal. Chairman Barker stated that during the total time he had worked with Mr. Desforges he had felt the utmost respect for him. He thought that Mr. Desforges has argued his points eloquently and consistently done a good job. However, Chairman Barker felt his comments had been misrepresented in Mr. Desforges' April 2 letter. Chairman Barker said he had discussed the matter with Mr. Desforges on the telephone prior to April 2 and had advised Mr. Desforges that he did not vote in favor of the proposed project. He said he had told Mr. Desforges he had voted against the resolution of denial because he does not think the City should allow piecemeal development on Foothill Boulevard. He said he resents having to look at individual little pieces, and his vote was not in favor of the Wohl project. He said he thought that was also the reason for Commissioner Lumpp's vote. Commissioner Lumpp said that was correct. Mr. Desforges said he appreciated Chairman Barker's comments. He said that it was evident he was not trying to misrepresent what had been said because the letter was addressed to Chairman Barker. Chairman Barker felt that the letter was a political argument technique because even though it was addressed to him, it was copied to all of the City Council members. He said he was disappointed. Mr. Desforges apologized for the way he had phrased the letter to state that Chairman Barker and Commissioner Lumpp voted in favor of the project. He said it was not his intent to mislead and he agreed he should have said it more clearly. He felt that Commissioner Lumpp had indicated he did not have a problem with what was proposed but that he felt it should be done in the context of rezoning the entire south side of Foothill Boulevard. He said he had understood that both of them had a problem with looking at their proposal in a piecemeal way outside of the context of the entire south side of the street. He offered to write another letter to clarify the issue. Chairman Barker felt he had made himself clear and it would be sufficient to attach his comments from tonight. Mr. Desforges commented that Commissioner McNiel had mentioned Palmdale as an example of what he would not like to see. He said he planned to drive that strip before the City Council meeting to get an idea of Commissioner McNiel's concern. Commissioner McNiel indicated that there is a 2-3 mile stretch of centers, similar to what Wohl is proposing, running along both sides of the main street in Palmdale. He estimated that about 30 percent of those shops are currently vacant and approximately 95 are percent ill-maintained. He feared that Foothill Boulevard will become the same way if the City allows it to occur. He felt the General Plan concept was to avoid that type of development. He thought Foothill Boulevard should not be purely commercial on both sides of the street and it could still serve the City. He felt that has been accomplished very well. He stated that the oppodunity for Wohl is that they have a parcel that was zoned for "'x," is commercially viable if it is rezoned to "y," is economically enhanced dramatically in that process, and could be successful as a real estate venture. He agreed that was their business and he supported their right to process the amendment request. He observed the request had been debated approximately eight times during meetings with the applicant on the potential project and dudng the Commercial study meetings. He did not think any new information had been submitted. Planning Commission Minutes -16- April 10, 1996 FIe feared the process may be successful for Wohl but detrimental to the community. He also expressed dissatisfaction with Mr. Desforges' April 2 letter. He felt his comments had been taken out of context because his comments had been preceded or followed by additional comments that made his intent clear. Mr. Desforges said he was trying not to write a 13-page letter and he thought that anyone who would read his letter would also have the minutes of the meeting. Commissioner McNiel did not see the application as being beneficial to the community in the long run. He felt it is important to consider where the community will be in 15, 30, or 50 years. Mr. Desforges asked if the fear is that this center will not be successful or will not be well maintained. Commissioner McNiel felt the center would probably be well maintained but he feared both sides of the street will be much the same way up and down Foothill Boulevard. He stated the General Plan as it is currently written provides varying uses up and down the street. He observed that the Wohl property already has opportunities for limited commercial uses. He did not think that it is prudent to chase immediate tax dollars from Wohl's first tenant because he did not feel it will benefit the City in the long term. Mr. Desforges felt the change will benefit the community by being another venue for retailers to locate on the Foothill Boulevard corridor because there is currently a monopoly and this would be a different type of property. Commissioner McNiel responded that there are plenty of available locations along Foothill Boulevard including on the south side on the west side of Haven Avenue. Chairman Barker thanked Mr. Desforges. PUBLIC COMMENTS There were no public comments at this time. COMMISSION BUSINESS Commissioner Lumpp requested that Engineering have someone look at the signal at Spruce Avenue and Base Line Road. He stated he had almost been hit twice from traffic going eastbound on Base Line Road when he was making a left turn from westbound Base Line Road to Spruce Avenue with a left turn arrow. He questioned if the signal might have a glitch. Peter Desforges, General Partner, Wohl/Rancho Partners, 3402 Michaelson Drive, #170, Irvine, stated he had been caught off guard by the disappointment the Commissioners expressed regarding his April 2 letter. He stated it would have been easy for him to have merely shown up at the City Council meeting on April 17 without writing the letter to the Commission. He said he had requested the meeting tonight so that the Commissioners could comment on his letter and to keep the dialogue open. He was disappointed that the letter was thought to be political and apologized for any miscommunication. Chairman Barker stated he had already expressed his disappointment. Planning Commission Minutes -17- April 10, 1996 Commissioner McNiel stated he sincerely believed Mr. Desforges to be a man of integrity and dedication and that his letter was without malice. He thought the way the letter was read was not the way it was written. Chairman Barker said that in retrospect his vote was a foolish attempt on his pad to make a point. ADJOURNMENT Motion: Moved by Tolstoy. seconded by McNiel, carried 4-0-1 (Melcher absent) to adjourn. 10:40 p.m. - The Planning Commission adjourned. Respectfully submitted, Brad Buller Secretary Planning Commission Minutes -18~ April 10, 1996