HomeMy WebLinkAbout1996/03/13 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Regular Meeting
March 13, 1996
Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning
Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho
Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman
Barker then led in the pledge of allegiance.
ROLL CALL
COMMISSIONERS: PRESENT: David Barker, Heinz Lumpp, Larry McNiel, John Melcher
ABSENT: Peter Tolstoy
STAFF PRESENT: Ron Bieberdorf, Police Captain; Miki Bratt, Associate Planner; Brad Buller, City
Planner; Dan Coleman, Principal Planner; Matt Evefling, Planning Technician;;
Ralph Hanson, Deputy City Attorney; Steve Hayes, Associate Planner; Dan
James, Senior Civil Engineer; Brent Le Count, Associate Planner; Gall
Sanchez, Planning Commission Secretary; Dan Waters, Crime Analyst
ANNOUNCEMENTS
There were no announcements.
APPROVAL OF MINUTES
Motion: Moved by McNiel, seconded by Lumpp, carried 4-0-1 (Tolstoy absent), to approve the
minutes of January 24, 1996.
Motion: Moved by Lumpp, seconded by McNiel, carried 4-0-1 (Tolstoy absent), to approve the
minutes of February 14, 1996.
Motion: Moved by McNiel, seconded by Lumpp, carried 3-0-1-1 (Tolstoy absent, Melcher abstain),
to approve the minutes of the Adjourned Meeting of February 14, 1996.
Motion: Moved by Lumpp, seconded by Barker, carried 3-0-1-1 (Tolstoy absent, McNiel abstain),
to approve the minutes of the Adjourned Meeting of February 24, 1996.
PUBLIC HEARINGS
A. ENTERTAINMENT PERMIT 96-01 - JAVA N' SCOOPS - A request to provide live acoustical
music performances, poetry readings, and chess tournaments in conjunction with a coffee and
ice cream shop, located at 9788 19th Street - APN: 1077-101-06.
Steve Hayes, Associate Planner, presented the staff repod.
Chairman Barker asked if there are plans to have amplified entertainment in the future.
Mr. Hayes responded that the proposal is for non-amplified acoustical performances. He said the
applicant would have to apply for a modification to the entertainment permit if they wish to have
amplified music.
Chairman Barker questioned if alcoholic beverages would be served or could be brought in for
consumption.
Mr. Hayes said they have not proposed serving or allowing beverages. He stated the applicant
would have to apply for an ABC license through other administrative agencies as well as meeting
the Citys criteda for selling such beverages. He said it would not be permissible to consume alcohol
on the site.
Chairman Barker asked if there would be a way of enforcing that restriction.
Brad Buller, City Planner, stated the Commission could stipulate on the entertainment permit that
there is no concurrent sale or use of alcoholic beverages.
Commissioner Lumpp asked if poetry readings and chess tournaments require an entertainment
permit.
Mr. Hayes replied that only the music requires an entertainment permit. He stated the poetry
readings and chess tournaments had been listed on the application.
Commissioner Lumpp asked if there will be brass or percussion instruments.
Mr. Hayes responded that the applicant indicated they are not proposing any at this time, only guitar
and cello.
Mr. Buller stated that if an instrument is not mentioned, it is not permitted.
Commissioner Melcher thought that acoustic means there is no amplification of sound and does not
indicate the type of instrument.
Chairman Barker agreed.
Dan Coleman, Principal Planner, stated the applicant had specifically listed the guitar and cello. He
said that staff had listed those. He said that even though brass or percussion instruments are not
amplified, they are a lot Iouder than a guitar or cello.
Chairman Barker opened the public hearing.
Umer Farood, Java N' Scoops Ice Cream Shop, 9788 19th Street, Rancho Cucamonga, stated the
business is a very casual place with chess tournaments and poetry readings. He said nothing will
be amplified and the entedainment would only be on the weekends.
Commissioner McNiel asked if the applicant would increase the outdoor seating when the weather
gets better.
Mr. Farood replied his lease restricts him to no more than three tables outside.
Commissioner Lumpp asked if Mr. Farood would object to changing the language in the resolution
to prohibit brass and percussion instruments.
Planning Commission Minutes -2- March 13, 1996
Mr. Farood replied that would be acceptable.
Hearing no furlher comments, Chairman Barker closed the public hearing.
Commissioner Melcher asked what kind of entertainment permit Peppers has.
Mr. Hayes responded that Peppers has an entertainment permit which was approved by the City in
1989. He stated he did not know the specifics.
Commissioner Melcher said he lives across from the shopping center and uses the center all the
time. He stated he has been in the applicant's business many times and it is a very peaceful, quiet
establishment. He hoped the Commission would not impose more restrictive conditions on this
application than what is applied to Peppers. He said he could understand the Commissioners'
concern but he felt there was vidually zero likelihood of problems from this small establishment. He
thought it could not possibly cause I percent of the noise that Peppers does and he said that
Peppers is not a problem.
Commissioner McNiel supported the use and agreed with Commissioner McNiel thai there was no
need to be overly restrictive.
Commissioner Lumpp stated he had been going to suggest that language be added to prohibit brass
and percussion instruments but would follow Commissioner Melcher's guidance since he lives in the
neighborhood.
Commissioner Melcher felt there was no need to make that change.
Commissioner Lumpp said that was acceptable.
Moved by McNiel, seconded by Melcher, to adopt the resolution approving Entertainment Permit
96-01. Motion carried by the following vote:
AYES: BARKER, LUMPP, MCNIEL, MELCHER
NOES: NONE
ABSENT: TOLSTOY o carried
B. CONDITIONAL USE PERMIT 95-34 - PACIFIC BELL MOBILE SERVICES - A request to
construct a 40-foot high monopole and related ground equipment within a 360 square foot
leased space approximately 625 feet north of 19th Street and 620 feet west of Sapphire Street
on a 3.69 acre parcel partially developed with Cucamonga County Water District facilities in the
Flood Control Open Space District - APN: 201-201-40.
Commissioner Lumpp excused himself because the company he works for has a contract with the
applicant.
Miki Bratt, Associate Planner, presented the staff report.
Commissioner Melcher observed that the City Planner had recently taken action on a similar
application. He asked why this application had been referred to the Planning Commission.
Brad Buller, City Planner, stated this application was closer to a residential neighborhood and he had
referred it up to the Commission because he felt it may be more sensitive than the other application
which was for an installation in the Industrial area.
Planning Commission Minutes -3- March 13, 1996
Chairman Barker opened the public hearing.
Dan'ell Daugherty, Plancorn, 2955 Red Hill Avenue, #100, Costa Mesa, stated he was available to
answer questions.
Commissioner Melcher asked the distance from the monopole to the nearest residence.
Ms. Brafi responded that the nearest residence is approximately 240 feet to the east.
Commissioner McNiel asked if the existing chain link fence is part of the flood control facility fencing.
Ms. Bratt replied that it is a security fence around the entire Cucamonga County Water District site.
Commissioner McNiel asked if this monopole is within the flood plain.
Dan James, Senior Civil Engineer, stated that was correct. He said staff had notified the applicant
that the site is within a flood plain and that fact should be taken into consideration in the design.
Commissioner McNiel commented that generally a block wall is required around monopole sites.
He asked if staff was not recommending a block wall because the location is in the flood plain.
Ms. Bratt stated that the location is quite a distance from the street and can be solidly screened by
landscaping.
Hearing no additional comments, Chairman Barker closed the public hearing.
Commissioner McNiel stated that he hates monopoles, but he acknowledged they are necessary.
Motion: Moved by Melcher, seconded by McNiel, to adopt the resolution approving Conditional Use
Permit 95-34. Motion carried by the following vote:
AYES: BARKER, MCNIEL, MELCHER
NOES: NONE
ABSENT: TOLSTOY
ABSTAIN: LUMPP - carried
C. CONDITIONAL USE PERMIT 96-02 - JERRY R. MCGUIRK - A request to establish a bar with
on-site consumption of beer and wine, with incidental food service, and with 4 pool tables and
2 dad game devices in a leased space of 3,168 square feet in an existing commercial center
in the Neighborhood Commercial District at 10431 Lemon Avenue, Unit N, - APN: 201-262-46
and 47.
Brent Le Count, Associate Planner, presented the staff report. He reported that the applicant had
applied for an Alcohol Beverage Control (ABC) license for a bar, which limits patrons to age 21 and
over, as opposed to a restaurant serving alcohol. He said the permit is for on-sale beer and wine
on public premises. He indicated that staff had received 10 telephone calls from neighbors regarding
the project. He noted that 4 callers questioned the process and asked if they could speak tonight
and 6 expressed concerns about potential adverse effects; i.e., noise, loitering, property
maintenance, potential for attracting undesirable people into the area, proximity of the low-income
housing to the nodh of the site, and the fact that junior high school children would be walking past
the site on their way home from school. He reported staff had also received five letters expressing
the same types of concerns with one letter being included in the staff repod and four others placed
in front of the Commissioners tonight. He stated also in front of the Commissioners was a packet
Planning Commission Minutes -4- March 13, 1996
supplied by the applicant containing 69 signed form letters supporting the business and a letter
attempting to dispel some of the Police statistics. He noted the Commissioners also had a Police
.. Department memo responding to the applicant's letter.
Commissioner Melcher asked how many ABC licenses exist in the shopping center across the street
from the application. He thought there would be an off-sale license for Lucky's and an on-site license
for the pizza restaurant. He asked if there were any others.
Brad Buller, City Planner, responded that he did not know of any others.
Chairman Barker opened the public hearing.
Jerry McGuirk, 10455 Poplar Street, Rancho Cucamonga, stated he was proposing a tavern. He
observed that the staff report compared his size bar to Applebee's and indicated that Applebee's can
seat three times as many people. He felt that comparison should not be made because he spaces
his bar seating so that people can comfortably get in and out. He said the layout proposed is rough
and is subject to change depending upon how many tables and chairs he can fit in. He stated future
plans are to install booths along the north wall which would afford more seating. He said that he had
a major problem with the Police report. He stated that the first Police report dated February 26,
1996, indicates 443 service calls for a ~ mile radius around the Lemon Avenue and Haven Avenue
intersection. He indicated that Janet Yaun requested a similar report which indicated 325 calls. He
said he questioned the discrepancy and Mr. Waters indicated the reports were for a different time
frame and different area. Mr. McGuirk asked how the figures changed so drastically from 443 down
to 325 and why they were not the same area. He said he understood there is now a revised report
which the Police have issued and asked to see that report. Mr. McGuirk was given a copy of the
revised report. He noted that the third report indicates different numbers and questioned the validity
of the reports. He did not feel it is fair to compare his business to Applebee's because he said they
are totally different operetions. He said he plans to start with a minimal menu and expand into
breakfast, lunch, and dinner; at which time he plans to reapply to ABC for a license to allow people
under21 to enter the premises so people could bring their families. He said he does not condone
violence and would not put up with it in his facility. He stated he could not control what goes on in
other areas, such as the low-income housing units across the street. He said a lot of the people who
live in the area had indicated they were looking forward to his opening the business because they
know him. He felt there had not been fair research and findings and did not think the areas which
were used as a comparison are similar to his area. He noted there is only one shopping center at
Base Line Road and Haven Avenue and one at Archibald Avenue and 19th Street, but there are two
centers at Lemon Avenue and Haven Avenue. He thought most of the incidents occurring in the
Lemon Avenue and Haven Avenue area would have been in the Lucky center. He stated there are
more apartments than houses in the immediate area at 19th Street and Base Line Road. He said
there is a trailer park, single family houses, and condominiums near Base Line Road and Haven
Avenue. He said that there is a high incidents rate at Foothill Boulevard and Archibald Avenue and
he questioned why the billiards hall near there was approved.
Commissioner Melcher asked why Mr. McGuirk selected this location for the type of establishment
he proposes.
Mr. McGuirk said he selected that area because ABC indicated that nine licenses are available in
Census Tract 20.02. He said that center is the only one available that would suit his needs so far
as size and lease rate.
Commissioner Lumpp asked if Mr. McGuirk has ever owned an establishment similar to what he was
proposing.
Mr. McGuirk responded negatively. He said he previously worked in a similar establishment.
Planning Commission Minutes -5- March 13, 1996
The following people spoke in opposition to the request:
Robed Smith, 6344 Haven Avenue, Rancho Cucamonga
Steve Bayless, 6608 Halstead Avenue, Rancho Cucamonga
Stephen Kellogg, 6340 Haven Avenue, Rancho Cucamonga
Steve Urban, 10164 Nodhridge Drive, Rancho Cucamonga
Kevin Hoy'l, 10326 Alta Loma Drive, Rancho Cucamonga
Neal Gaunt, 10757 Champagne Road, Rancho Cucamonga
Anthony Sclafani, 6271 Cartilla Avenue, Rancho Cucamonga
Concerns were expressed regarding noise, a potential increase in crime, proximity of 25
condominiums on the other side of the south wall of the center, and increased traffic. It was stated
that the location is less than 500 feet from a grade school bus stop and less than 1,000 feet from
a junior high school and approximately 200-300 school children would walk by on their way to and
from school. Comments were made that the neighborhood has deteriorated with an increase in
crime and litter and the Police helicopter already frequently flies overhead. It was felt that the
business would exaggerate existing problems because of the type of clientele and activity which it
would attract. A comment was made that there are already enough bars in the neighborhood.
Statements were made that there is high speed traffic on Lemon and Haven and the residents
expressed fears of increased accidents caused by bar patrons who are under the influence of
alcohol.
Hearing no further testimony, Chairman Barker closed the public hearing.
Commissioner McNiel noted that Mr. McGuirk had made accusations regarding the validity of the
Police report. He suggested that the Police Department clarify how the figures were obtained.
Dan Waters, Police Department Crime Analyst, stated he had personally never met or spoke with
Mr. McGuirk. He said he had been contacted by Janet Yaun, whom he later learned is an employee
of Mr. McGuirk. He said he had prepared statistics for Janet in the past and those statistics were
always with current data and in radius form. He commented that the information is public information
and the data itself is automated. He stated that the third report was compiled today and he
compared figures from both the way he had prepared the numbers for the City (square) and the way
he had prepared them for Ms. Yaun (radius). He acknowledged that the figures are different and
said that was because they are for a different time period (six months ending March 11). He said
the statistics are selected via a mapping program in which he indicates the intersection. He noted
that using the radius method. the current repod reflects more than a 30 percent larger number for
Lemon Avenue and Haven Avenue as compared to Base Line Road and Haven Avenue and 40
percent when compared to Archibald Avenue and 19th Street. He said he selected Base Line Road
and Haven Avenue and 19th Street and Archibald Avenue because they are similar to the project
site in surrounding characteristics. He noted that 19th Street and Haven Avenue is a smaller
complex while Base Line and Haven Avenue is larger than the two centers at Lemon and Haven.
He said they all have open, unused land space within a ~ mile radius, all have liquor sales, a major
chain grocery store, and fast food in the area. He stated that Foothill Boulevard and Haven Avenue
is not at all similar because it has three corners of heavy retail and one empty lot with no residential
within the immediate area and is located on two main thoroughfares. He said he would have given
Ms. Yaun the data in the same format as he had given it to the City if he had known she was asking
for the data in relation to this application.
Commissioner McNiel asked for an explanation of the two methods used to obtain data.
Mr. Waters said the radius includes a ¼ radius from the center of the intersection while the square
includes 1 square mile with the intersection in the middle. He said both methods indicate high crime
in the area, above a 20 percent level.
Planning Commission Minutes -6- March 13, 1996
Commissioner Melcher asked what the causes would be for the higher crime rate in the area of
Haven Avenue and Lemon Avenue.
Mr. Waters replied that is a tough question. He observed there are four different apadment
complexes in the area with over 700 units. He noted that the Section 8 apartments are a highly
controlled complex because tenants give up a lot of First Amendment rights in order to receive rental
assistance. He stated that law enforcement is allowed to search such residences without a search
warrant. He said most of the Police problems actually come from the other apartment complexes.
He noted the apartments also attract a lot of Chaffey College students.
Commissioner Melcher asked if opening the proposed establishment would likely cause a further
deterioration of law and order in the vicinity.
Mr. Waters responded that generally speaking, Police presence is usually increased any time alcohol
and entertainment are combined. He noted that pool tables and video machines would constitute
entertainment.
Chairman Barker invited Mr. McGuirk an opportunity to respond.
John Mannedno, attomey, 9333 Base Line Road, Rancho Cucamonga, stated that he represents Mr.
McGuirk. He commented that the proposed bar is not 44 feet. He said that Mr. McGuirk has
changed the proposed hours of operation to close at 11:00 p.m. instead of 12:00 midnight and
2:00 a.m. He stated that some residents had raised a concern about being hit be a drunk driver and
he agreed that is a valid concem. However, he said he did not know of any statistics to indicate that
there is a higher incidence of such accidents by a bar than it would be on Haven Avenue, Foothill
Boulevard, or any other place in the City. He acknowledged that the use of alcohol increases calls
to a given area but thought that grocery stores also increase calls to a given area and asked if that
meant grocery stores should not be permitted. He noted that the corner of Archibald Avenue and
Foothill Boulevard accounted for the highest number of incidents in the statistics which were
provided to Mr. McGuirk. He said the Commission was considering a relatively small tavern with four
pool tables and some sandwiches and he did not think that would create a high risk to the
surrounding neighborhood. He stated that the facility is across the street from a liquor store that
would have a much greater inventory than what will be consumed on the premises of the tavern in
a month. He felt that liquor sold at the grocery store could be consumed in the parking lot. He
suggested that the Police statistics should be studied further if the Commission were going to use
them for a substantial finding.
Commissioner McNiel commented that the floor plan depicts a 44 foot bar.
Mr. McGuirk said it is 22 feet across and 11 feet on each end. He said he was only proposing 12
stools.
Commissioner Melcher asked for clarification of the proposed closing hours.
Mr. Mannerino acknowledged that the application indicated a closing time of midnight during the
week and 2 a.m. Fdday and Saturday but he thought the applicant had told staff that he would close
at 11 p.m. including weekends.
In response to a question as to why the application was being compared to Applebee's, as
Applebee's is a restaurant rather than a tavern, Commissioner McNiel stated that there was only a
comparison because it was a comparable length of bar and the relationship of the length of the bar
compared to the number of dining tables at the tavern is disproportionately lower when compared
to Applebee's.
Planning Commission Minutes -7- March 13, 1996
Mr. Gaunt observed that a comparison was made between the amount of liquor that would be served
at the bar as opposed to the amount that would be sold at Lucky's and could be consumed in Lucky's
parking lot. He noted that open container laws prohibit opening the containers in the parking lot.
Sue Sclafani, 6271 Cartilia Avenue, Rancho Cucamonga, questioned when the tavern would open.
Mr. Mannerino stated they plan to open at 11 a.m.
Ms. Sclafani said she was concerned because there is an elementary bus stop directly across the
street and the bus drops off elementary students between 11:30 a.m. and 3:30 p.m. She stated that
the Mobil gas station and the convenience store also sell alcohol.
Barbara Kellogg, 6340 Haven, Rancho Cucamonga, was concerned about the noise from patrons
leaving the tavern with car radios turned up. She thought there are enough locations in the area to
purchase alcohol.
Cindy Melyk, 6255 Granby Avenue, Rancho Cucamonga, felt the crime rate is already too high in that
area. She feared that undesirable people would be congregating at the tavern during the day. She
thought the business will hurt the other businesses in the center and is not conducive to a family
community.
Chairman Barker again closed the public hearing.
Commissioner Melcher commented that a letter from the Alta Loma Gardens Homeowners'
Association stated that Neighborhood Commercial zoning "is intended to provide areas for immediate
day-to-day convenience shopping and services for the residence (sic) of the immediate
neighborhood." He noted that the phrasing was in quotation marks indicating it may have been taken
from one of the City's documents. He asked if the sense of the phrasing is correct.
Mr. Buller responded that it is.
Commissioner Melcher did not feel that such an establishment would be needed to serve the
immediate day-to-day convenience for the neighboring residents.
Commissioner McNiel felt that nothing had been presented to show that the establishment would
enhance the community. He did not see any benefit to the City and did not suppo~ the application.
Commissioner Lumpp stated he could not make at least two of the required findings to approve the
conditional use permit; i.e. that it not be detrimental to the public health, safety, and welfare and that
it not have an adverse effect on adjacent property. He felt the public had stated that there is a
potential of a public health safety, and welfare issue with two schools being in close proximity. He
also was not convinced that the use in appropriate in a neighborhood shopping center with the
surrounding residential development which is in close proximity. He acknowledged that Mr. McGuirk
had not established the surrounding uses; however, he felt it would be contrary to Planning
Commission objectives to allow a use which could potentially exacerbate the problems.
Chairman Barker felt it should not be necessary to repeat his often stated concerns about what is
appropriate within neighborhood commercial areas so far as bars compared to restaurants. He
noted that in this instance, the applicant had indicated he wanted to start with a bar and work his way
up to a family restaurant. Chairman Barker felt that if a family restaurant is desired, then the
business should start out as that. He observed that a number of issues had been brought forward
which had to do with public safety and he said he was in agreement with the public who had testified.
He stated that Mr. Waters is a neutral party because he merely process numbers and gives a report
based on the numbers and that report showed there is already over 20 percent more Police calls in
the area. He agreed with the other Commissioners that he could not support the project.
Planning Commission Minutes -8- March 13, 1996
Motion: Moved by Melcher, seconded by McNiel, to adopt the resolution denying Conditional Use
Permit 96-02. Motion carried by the following vote:
AYES: BARKER, LUMPP, MCNIEL, MELCHER
NOES: NONE
ABSENT: TOLSTOY - carried
The Planning Commission recessed from 8:35 p.m. to 8:45 p.m.
NEW BUSINESS
D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-33 - HILL PINCKERT
ARCHITECTS - A request to construct two industrial buildings totaling 471,625 square feet on
23.08 acres of land in the General Industrial designation (Subarea 8) of the Industrial Area
Spedtic Plan, located south of Arrow Route and east of White Oak Avenue - APN: 209-471-08.
Related File: Modification to Development Review 91-08. Staff recommends issuance of a
mitigated Negative Declaration of environmental impacts.
E. MODIFICATION TO DEVELOPMENT REVIEW 91-08 - CAPELLINO & ASSOCIATES - A
request to modify the approved Master Plan to allow the construction of two industrial buildings
totaling 471,625 square feet on 23.08 acres of land in the General Industrial designation
(Subarea 8) of the Industrial Area Specific Plan, located south of Arrow Route and east of White
Oak Avenue - APN: 209-471-08. Related File: Development Review 95-33.
Scott Murphy, Associate Planner, presented the staff report.
Chairman Barker invited public comment.
Mark Capellino, Capellino & Associates, 11075 Tacoma Drive, Rancho Cucamonga, stated he was
available to answer questions. He said he was excited about the project. He thanked Mr. Murphy,
for his efforts. He noted that the buildings reflect a different color scheme than what they have
previously constructed in the area. He felt the buildings should be lightened to tone them down
because they are larger.
Commissioner McNiel asked if the buildings are build-to-suit.
Mr. Capellino responded that Building 1 is a spec building but Building 2 will be a build-to-suit. He
felt the area will support a larger building.
Commissioner McNiel asked if they had been able to solve previous problems with veneer coming
off the building.
Mr. Capellino responded affirmatively. He said they changed their method of application with the last
round of buildings they built and they have not had problems with those buildings.
Motion: Moved by Melcher, seconded by Lumpp, to issue a Negative Declaration and adopt the
resolutions approving Development Review 95-33 and Modification to Development Review 91-08.
Motion carried by the following vote:
AYES: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: NONE
ABSENT: NONE - carried
Planning Commission Minutes -9- March 13, 1996
PUBLIC COMMENTS
There were no public comments at this time.
COMMISSION BUSINESS
Commissioner Lumpp asked for an update on the status of McDonalds at Carnelian and Base Line.
Chairman Barker said he noticed the berm. He felt the sign is still oversized.
Commissioner Melcher stated that although McDonalds put in more dirt, he did not think they have
achieved the Commission's objective. He said they originally built a fiat grade between the street
and the drive-thru and put in a small berm following the Commission's complaints. He said they
have now put in a lot more dirt, but it needs to be graded without lowering the height to roll gently
instead of merely being a pile.
Commissioner Lumpp asked the current posture with respect to obtaining cooperation from the
applicant. He said he was willing to bring the matter back to the full Commission and ask for a
rehearing.
Brad Buller, City Planner, felt the McDonalds representative had not abandoned the issue. He said
that staff felt more should have been accomplished by this time, even considering the problems with
weather; however, he believed the project will eventually be developed the way the City wants.
Commissioner McNiel suggested giving them a time line, after which it would come back to the
Commission if it is not accomplished.
Mr. Buller said that time lines had been given and not met in the past.
Chairman Barker felt that having the Planning Commission scold did not seem to have done any
good because they had met with the developer four weeks ago. He suggested that the matter return
to the Commission for some type of action.
Mr. Buller asked if the Commission was really ready to revoke their conditional use permit and shut
down a McDonalds because they have not addressed aesthetic issues. He said the only action the
Commission could take other than a new time line would be revocation.
Commissioner Lumpp said he was ready to take action to revoke the conditional use permit because
the Commission approved a use on that corner in good faith and McDonalds' representative stood
before the Commission and said what they were going to do and they have not done what they
agreed to do. He said the applicant is responsible for providing plans of what he agreed to do.
Chairman Barker recognized that the Commission was putting staff in an awkward position.
Mr. Buller said he would keep the Commission informed.
Commissioner Melcher suggested that the Commission's concerns be forwarded to the applicant
and that the applicant be asked to submit a proposed time line for the completion of the corrections.
He said that failing to do that, the Commission should ask that the matter be placed on the agenda
to begin revocation proceedings.
Planning Commission Minutes -10- March 13, 1996
Chairman Barker agreed with Commissioner Melcher's suggestion.
Chairman Barker asked if the Shell service station at the southeast corner of Vineyard Avenue and
Foothill Boulevard is being built in its approved location.
Mr. Buller replied that the project being built is what had been approved by the Planning Commission
for the site.
Chairman Barker thought the approved building was set back farther.
Mr. Bullet stated the design of the on-site layout is the same as what was approved by the
Commission. He noted the activity center concept along Foothill Boulevard encourages
development close to the street.
Commissioner Melcher observed that he and staff had traded memorandums regarding the Mark
Taylor project in comparison to the Montecito project. He requested that staff forward that
correspondence to the other Commissioners and then have the matter placed on a future agenda
for a brief discussion with respect to the intent of what he was talking about rather than in regards
to the project.
Mr. Bullet thought that if the Commission were to discuss the Mark Taylor project, then the applicant
should be present.
Commissioner Melcher said the discussion did not have to be about the project but should rather be
about the form and shape of open space.
Mr. Buller said that could be done.
Commissioner McNiel said he had received a call from Mr. Plies through staff in which Mr. Plies
encouraged him to have lunch. He said that Mr. Plies had indicated to staff that if he did not receive
a return call, he would call his attorney and also tell the Mayor that the City is not allowing him to
develop his property. Commissioner McNiel said he had not called him.
Mr. Buller said Mr. Plies believes it is the City's responsibility to amend the Industrial Area Specific
Plan as opposed to having him submit an application.
Mr. Buller provided an article for the Commissioners regarding BHP.
Mr. Bullet stated that Sacred Heart Church would like to meet with the Planning Commission on
March 27 to discuss their bells.
Commissioner Lumpp asked that an audio tape be available of what the church plays.
Mr. Bullet said staff would attempt to secure a tape.
Planning Commission Minutes -11- March 13, 1996
Commissioner McNiel suggested that a workshop be scheduled at 6:00 p.m. on March 27. He asked
that staff attempt to find out when the bells at St. Peter and St. Paul were silenced.
Mr. Bullet believed the bells were stopped between 8 and 12 years ago.
Chairman Barker questioned when Chaffey College stopped playing the bells.
Commissioner Lumpp stated he will not be available for Design Review on March 19.
Chairman Barker said he would attend Design Review on March 19 and asked that Commissioner
Lumpp attend the Trails Committee meeting on March 20.
ADJOURNMENT
Motion: Moved by McNiel, seconded by Lumpp, carried 4-0 (Tolstoy absent), to adjourn.
9:20 p.m. - The Planning Commission adjourned to 6:00 p.m. on March 27, 1996, for a workshop
on the bells at Sacred Heart Church.
Respectfully submitted,
Brad Buller
Secretary
Planning Commission Minutes -12~ March 13, 1996