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HomeMy WebLinkAbout1995/07/26 - Minutes - PC-HPC CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting July 26, 1995 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, Peter Tolstoy ABSENT: Larry McNiel, John Melcher STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Cindy Hackett, Associate Engineer; Ralph Hanson, Deputy City Attorney; Dan James, Senior Civil Engineer; Scott Murphy, Associate Planner; Shelley Petrelli, Planning Secretary ANNOUNCEMENTS Brad Buller, City Planner, announced that Item C could be taken out of sequence on the agenda as he had received a fax from the applicant that the item was withdrawn. Commissioner Lumpp stated he was disappointed to hear the item was withdrawn because he felt the septic tank issue could have been worked out. Chairman Barker asked if the applicant, Mr. Mester, was present and receiving no response, he stated he would hold the item on the agenda in case Mr. Mester showed up to make a statement. APPROVAL OF MINUTES Motion: Moved by Tolstoy, seconded by Lumpp, carried 3-0-2, to approve the minutes of May 10, and May 31, 1995, Adjourned Meetings, as amended. Motion: Moved by Lumpp, seconded by Tolstoy, carried 3-0-2, to approve the minutes of July 12, 1995 Adjourned Meeting. CONSENT CALENDAR DESIGN REVIEW FOR TENTATIVE TRACT 13316 -L. D. KING - The design review of conceptual building pads and typical single story house products for a recorded tract consisting of 123 lots in the Very Low Residential District, located on the east side of Archibald Avenue, north of Carrari Street - APN: 1074-651-15 through 2, 1046-601-01 through 14, 1074-611-01 through 16, 1074-021-02 through 26, and 1074-051-09 through 16. Motion: Moved by Lumpp, seconded by Tolstoy, carried 3-0-2, to approve Design Review for Tentative Tract 13316. PUBLIC HEARINGS CONDITIONAL USE PERMIT 95-17 - TING - A request to construct a 1,189 square foot second dwelling unit in the Very Low Residential District (less than 2 dwelling units/acre), located at 6029 Vineyard Avenue - APN: 1062-281-31. (Continued from July 12, 1995.) Chairman Barker announced that he had received a fax indicating that Mr. Ting, the architect, would not be present for the meeting this evening. Dan Coleman, Principal Planner, presented the staff report. Chairman Barker opened the public hearing. Larry Rice, 6073 Vineyard, Rancho Cucamonga, stated he had a few issues to discuss, but first he wanted to comment on Ms. Lee's letter to City Code Enforcement dated July 14, 1995. He commented that in the letter, Ms. Lee had stated that she was not running a business out of the residence; however, he said that there are advertisements in both the 1993-94 and 1994-95 Yellow Pages for "Golden Fox Corporation" under the heading "Shoes - Wholesale, Manufacturers" listing the address as 6029 Vineyard. Mr. Rice expressed his concerns: 1) the proposed second dwelling would detract from the appearance of the neighborhood because the front yard (of the main dwelling) would be mostly concrete after allowing for secondary access; 2) the noise level would increase because of additional traffic; and 3) the traffic increase would endanger pedestrians, especially children, because there are no sidewalks. He stated that these were all valid reasons to deny the project. Sharon Kobalt, Kobalt Realty, representing her client, stated her client's property backs up to the proposed project. She further commented that her client left the state, but said he was told by the City, that this project had been withdrawn. She stated the project would be a detriment to the neighborhood. Richard Marozocco, 6021 Vineyard, Rancho Cucamonga, showed the Commission pictures of the front of the property and pointed out the number cars parked at the property and the trees that would need to be removed for the new driveway. He commented that he and some of his neighbors were told by City staff that the project had been withdrawn and they did not need to come to the meeting. He felt that more people would have returned to this meeting had they not been given that information. He commented that he had given staff a petition that he wanted to be sure the Commission saw. Chairman Barker indicated that the Commission had a copy of the petition. Mr. Marozocco recapped points from the last meeting while he showed the plot plan to the Commission and explained how the lot area was figured by the architect. He commented that the balcony of the proposed second dwelling would overlook his property and that privacy is an issue for him. He further stated that the current staff report recommends denial, but he said that what bothered him was the applicant could refile without prejudice, which indicated to him that the applicant could reapply next week and over and over again. He requested that the Planning Commission Minutes -2- July 26, 1995 resolution be revised to contain language that would prevent the applicant from doing this. Brad Buller, City Planner, explained the difference between denial with and without prejudice. He said if the project was denied without prejudice, the applicant could reapply any time with the same project; if the project was denied with prejudice, the applicant could not refile the same application for one year. Chairman Barker stated that no decision is ever totally final, and reiterated that, if they deny the project with prejudice, the applicant could reapply next year and obtain a different result. He commented that citizens should always keep themselves apprised of local governmental issues. Jackie Phillips, 6039 Zircon, Rancho Cucamonga, said she felt she should have received notification on the hearings and she did not. She said that she found out from a neighbor on Vineyard. Chairman Barker stated that, as mentioned in the previous meeting, staff used a mailing list based on the property tax assessors' mailing list, which may not have been current or contained incorrect zip codes. He relayed that the City was working on an alternate source for this information and that Ms. Phillips should have been notified. Mr. Coleman stated that Ms. Phillips was on the list for both mailings, with her address listed as 6039 Zircon, Rancho Cucamonga, 91701. He further commented that the second notice went out the day after the first meeting, which was almost two weeks ago. Ms. Phillips replied that was her current address, but reiterated she did not receive a notice. Mr. Coleman noted that there had been no returned mail on the project. Ms. Phillips clarified her understanding of the two different denial processes and requested that the project be denied with prejudice. Mike Rademaker, 6020 Zircon, Rancho Cucamonga, reiterated his previous concern with the traffic impacts and children playing in the area. He commented that Resolution No. 81-80 stated that if the Commission established a second structure on the street, the entire street should be given a sidewalk to give the children a safe place to play. He commented this project would impair the privacy of the neighbors. He further commented, that even though the market is slow now, 1/2-acre property is selling for about $100 per square foot and it was his opinion that this project could affect the marketability of the surrounding properties. Chairman Barker closed the public hearing. Commissioner Lummp stated that his concerns were similar to those of the residents. He commented that there are provisions in State law that allows Cities to make decisions to designate (or not), second dwelling units in certain areas of the community if specific findings can be made (e.g. sewer, water, etc.) that warrant the situation is feasible. He commented that health and safety was very important and that staff may want to consider a provision that eliminates second dwelling units in this area. He stated that he was also concerned with the aesthetics of the neighborhood, privacy, and the residents' inability to Planning Commission Minutes -3- July 26, 1995 utilize their property the way it was intended (e.g. equestrian trails, corrals, etc.) He recommended denial of the project with prejudice. Commissioner Tolstoy stated that he had several reasons to support denial of the project, but that he would touch on three: 1) the Santa Aria Regional Water Quality Board has ruled that 1/2-acre property could only support one septic system; 2) the project would deny equestrian use by adjoining properties; and 3) even though the City does not enforce neighborhood CC&Rs, the CC&Rs prohibit it. Chairman Barker stated he was on the Planning Commission several years ago when they worked out the details for construction of a "Granny Flat" (a one-story, second dwelling unit without a kitchen). He gave a brief synopsis of how and why the Planning Commission came up with their determinations for this type of dwelling. He commented that later a Federal ruling came about that required communities to provide more affordable housing, which changed the way local communities were allowed to determine local issues regarding zoning, type of structure, etc., for a second dwelling unit. Chairman Barker stated there were numerous reasons, already mentioned, why the use is inappropriate and he recommended denial with prejudice· Moved by Lumpp, seconded by Tolstoy, to deny Conditional Use permit 95-17. Motion carried by the following vote: AYES: COMMISSIONERS: NOES: NONE ABSENT: MCNIEL, MELCHER BARKER, LUMPP, TOLSTOY - carried CONDITIONAL USE PERMIT 95-04 -MESTER - A request to provide a temporary modular unit as a second dwelling unit in the Very Low residential designation (less than 2 dwelling units per acre), located at 8455 Hillside Road - APN: 1061-701-10. (Continued from July 12, 1995.) Chairman Barker asked if the applicant was present, and as he was not, the item was withdrawn per the faxed request sent by Mr. Mester. DEVELOPMENT CODE AMENDMENT 95-01 AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-03 - CITY OF RANCHO CUCAMONGA - Consideration of adding Chapter 9.28 to the Rancho Cucamonga Municipal Code establishing definitions and regulations pertaining to convenience stores, and related amendments to the Development Code and the Industrial Area Specific Plan, establishing a 1-foot candle minimum lighting standard for commercial/industrial development. Larry Henderson, Principal Planner, gave the staff report. Commissioner Tolstoy requested clarification of the definition of a Convenience Food Store. Mr. Henderson stated that the definition was directly from the Florida Ordinance. Chairman Barker asked if motor fuels are excluded, what the other 50 percent of sales would be. Planning Commission Minutes -4- July 26, 1995 Mr. Henderson stated it could be for vehicle repairs. Commissioner Tolstoy asked whether the ordinance would apply to the Chervon station or the Arco station (on Foothill). He realized there is a difference between the two in the area of convenience retail sales. Mr. Henderson stated that most likely the Arco would be included. He said the ordinance is not intended for the very small convenience store where gas is the main reason for the visit, but small sundr~ items may be available versus stores where the main service is goods with occasional sales of gas. Commissioner Lumpp also raised concern that the definition include Arco and other similar uses. He noted that the murder at the Arco station refocused the issue. He thought anytime a facility provides convenience goods, it is susceptible to potential hazards related to dangerous weapons. He thought those kind of users should be included. Brad Buller, City Planner, noted that the definition came directly from an ordinance that was presented by a consultant hired by the City. He stated those convenience stores that fit this category were evaluated and the others were not brought into the discussion. He said the percentage of sales could be changed from 50, but other percentages had not been evaluated. He thought further evaluation could be done to be sure that the ordinance is capturing the stores and types of convenience outlets which may be a problem. Chairman Barker did not want to delay action on the ordinance any more. He felt the Commission could forward its concerns that gas stations and stores which do not fully meet the definition as presented tonight should also be considered. He was pleased that the matter is moving forward. Commissioner Tolstoy asked if the minimum 1-foot candle lighting requirement will apply to existing locations or only new businesses. Mr. Henderson replied the lighting standard was put in so that new development will meet the standard. He said it was not written to require that existing locations be in full compliance with the lighting standards within a certain number of days. Commissioner Tolstoy asked if it would be unreasonable to entertain such an action. Mr. Henderson felt it would be beyond the City's scope in terms of staff, because it would require measuring night lighting at all commercial and industrial sites in the City, not just convenience stores. He noted that lighting could be reviewed at the time any discretionary permit, such as a conditional use permit or expansion, is requested. He said the City Council had indicated they want to be sure that all new development is at the minimum. Commissioner Tolstoy was sorry that existing parking lots will not be addressed. Commissioner Lumpp noted that the issue was raised because of existing facilities and the ordinance is locked into dealing with the future and not being able to police the existing. Mr. Henderson stated that many of the shopping centers and businesses are adding additional lighting because the Police Department is visiting them and discussing ways to prevent crime. Planning Commission Minutes -5- July 26, 1995 Commissioner Lumpp felt businesses are also increasing their lighting for insurance purposes. Mr. Henderson thought that patrons are more likely to visit a store where they feel safe. Chairman Barker opened the public hearing. There were no comments, and he closed the hearing. Commissioner Tolstoy hoped that Code Enforcement will enforce the front window sign situation. He thought that it is very dangerous not to be able to see into stores because of the proliferation of signs. Chairman Barker agreed that it looks tacky and is dangerous to have too many signs. Motion: Moved by Lumpp, seconded by Tolstoy, to adopt the resolution recommending approval of Development Code Amendment 95-01 and Industrial Area Specific Plan Amendment 95-03. Motion carried by the following vote: AYES: COMMISSIONERS: NOES: NONE ABSENT: MCNIEL, MELtHER BARKER, LUMPP, TOLSTOY - carried NORTHEAST PARK - CITY OF RANCHO CUCAMONGA - Concept design for future park located on the east side of East Avenue, approximately 500 feet north of Summit Avenue. Cindy Hackett, Associate Engineer, presented the staff report. Bob Meuting, RJM Design Group, presented the conceptual plan to the Commission. Mr. Meuting gave a slide show presentation of how this concept was developed by the community through workshops and he reviewed various aspects proposed for the site. Chairman Barker asked for an explanation of the impact of the Trails Committee comments, if any. Ms. Hackett replied that the Trails Committee recommended that the major equestrian trail connect to the future trail for Summit Avenue with access at both the entrance to the park and the north access along the flood control dike and it probably would connect to 24th Street. Mr. Mueting said those accesses would be incorporated into the final exhibit. Ms. Hackett commented that Air Quality Management District (AQMD) funding would be used to place a looped trail through the flood control property. She stated it had to be labeled "Trail" (not Equestrian Trail) to receive the funding. Commissioner Tolstoy stated he was surprised that the Etiwanda community felt that one baseball park would be sufficient. He noted that the other types of fields were not used as frequently and asked if they did not play as much baseball there as in other parts of the City. Planning Commission Minutes -6- July 26, 1995 Mr. Meuting stated that the community felt there were enough of the other types of fields available and stated a definite desire for "Pop Warner" football and soccer facilities. Ms. Hackett added that the City is paying Chaffey College $30,000 per year to use their fields for "Pop Warner" activities and the college now has requested that the City contribute substantial funds to renovate those fields; so the City feels they need to find another suitable facility for these activities. She stated that was the reasoning behind the two soccer and two football fields in this park. Chairman Barker asked if the park was going to be accessible to the intermediate school and visaiversa. Ms. Hackett stated representatives from Summit Intermediate School, who said they were representing the Etiwanda School District, spoke at the public workshops and said they were very opposed to any joint use between the school and the park. Ms. Hackett said that based on that input, the City determined it would not be able to use the school's basketball courts and track field, so those ideas were removed from the plan. She commented further that the City Engineer received a call recently from the Etiwanda School Superintendent stating that the views expressed at those meetings were not the views of the School Board and that they wanted to have a meetings with the City regarding the possible joint use of their fields, basketball courts, and gymnasiums. She stated that the meeting has been scheduled for August 8 and the project will be going to Council August 16. Commissioner Tolstoy stated that joint use between the schools and parks has worked very well in the past. Commissioner Barker commented that it has always been the philosophy of the City to provide park access to schools for activities and to try not to place physical barriers hindering school access. Ms. Hackett pointed out that there is a flood wall along the park for flood protection. Mr. Meuting stated that the flood wall extends over approximately half of the site, but there is still access for the school. Commissioner Tolstoy asked if the football fields in the park would be taking the place of the Chaffey College sites. Ms. Hackett replied affirmatively. Commissioner Lumpp asked if the biological consultant had been out to site to do any surveys. Ms. Hackett stated that Tierra Madre had been to the site and had given the City a draft biological report for the entire 38 acres. Mr. Lumpp asked what the outcome was and if the were any gnatcatchers present on site. Ms. Hackett stated they found no gnatcatchers, but there could be L.A. Pocket Mice and Kangaroo Rats. Planning Commission Minutes -7- July 26, 1995 Mr. Lumpp echoed the sentiments of the other Commissioners stating his support for joint park use between parks and schools. Chairman Barker stated he thought the park slide show would be an excellent presentation for service clubs. Commissioner Tolstoy expressed his pleasure with the process of involving the residents in the planning process. Brad Buller, City Planner, mentioned that the plan should include Etwianda Specific Plan "heritage features" such as color schemes, landscaping, fencing, etc. Ms. Hackett commented that it was mentioned at the workshops that the residents did not want split-rail fencing and preferred peeler-pole fences because they considered them to be more historically correct. Commissioner Tolstoy mentioned that peeler-pole fencing is a maintenance problem. He stated that poles need replacement frequently, which could be very costly to the City. PUBLIC COMMENTS Karam Muhammad, 5333 Covina Place, Rancho Cucamonga, stated that it was his desire to have a putting green at Northeast Park. Chairman Barker explained that the Commission is giving their input only at this point and it was not really their place to make those types of changes, but he assured Mr. Muhammad's it was good to bring out that point. Commissioner Tolstoy suggested going to the Park and Recreation Commission meeting and expressing his view there. He thought perhaps the golfing interest had been overlooked. Commissioner Lumpp asked Mr. Muhammad if he was aware that there was a driving range currently located close to the Quakes stadium. Mr. Muhammad responded he was aware of that, but it was not close enough for him to walk to that location. He stated he could not be present at the workshops, so he wanted to express his views at this meeting. COMMISSION BUSINESS Commissioner Lumpp stated he had received a notice from SANBAG concerning a meeting tomorrow regarding a kick-off program for the Regional Comprehensive Plan that he felt the Chairman should be attending. Brad Buller, City Planner, stated that Associate Planner Scott Murphy and Traffic Engineer Paul Rougeau will be present at the meeting. He said the meeting is to address the need for community awareness regarding traffic issues in the region. Commissioner Tolstoy expressed his disappointment in the limited number of bus patrons, particularly considering the amount of pollution the buses create. Planning Commission Minutes -8- July 26, 1995 Mr. Buller stated that he had been attending Omnitrans meetings and they are trying to increase ridership. Dan Coleman, Principal Planner, asked the Commission for the date they could meet on Loveland Church. It was the consensus of the Commission that the date for the workshop would be August 8, 1995. Chairman Barker stated he and staff had received a fax from Commissioner Melcher concerning approval for projects which the City initiates. He commented that this could be a problem, in that it is unfair to place staff members in the position of defending their position politically. ADJOURNMENT Motion: Moved by Lumpp, seconded by Tolstoy, carried 3-0-2 with McNiel and Melcher absent, to adjourn. 8:55 p.m. - The Planning Commission adjourned. Respectfully submitted, Brad Buller Secretary Planning Commission Minutes -9- July 26, 1995