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HomeMy WebLinkAbout2018/10/10 - Minutes PC-HPC OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 1 of 10 A. 7:00 P.M. – CALL TO ORDER 7:02 PM Pledge of Allegiance Roll Call: Chairman Macias __X__ Vice Chairman Guglielmo __X__ Commissioner Munoz __X__ Commissioner Oaxaca __X__ Commissioner Wimberly __X__ Additional Staff Present: Candyce Burnett, City Planner; Nick Ghirelli, Assistant City Attorney; Tom Grahn, Associate Planner; Donald Granger, Senior Planner; Albert Espinoza, Assistant. City Engineer; Susan Shaker, Acting Executive Assistant II; Mike Smith, Senior Planner; Dat Tran, Assistant Planner; Vincent Acuna, Assistant Planner; Griffin Sproul, Planning Technician B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. Rakan Alamat asked for clarification on the five-minute speaking period and if there is open dialogue between the speakers and Commissioners at that time and Chairman Macias confirmed the five minutes speaking time is for the Commission to receive public testimony. OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 2 of 10 C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of September 26, 2018 C2. Consideration to adopt Adjourned Meeting (Workshop) Minutes of September 26, 2018 Moved by Munoz, seconded by Oaxaca, carried 4-0-1 (Wimberly abstaining) to adopt the Consent Calendar. D. DIRECTOR’S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. NONE E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. E1. CONDITIONAL USE PERMIT MODIFICATION DRC2018-00471- GOLDEN PROPERTY LLC FOR LAZY DOG RESTAURANTS, LLC - A request to modify Conditional Use Permit DRC2011-00457 to lengthen weekend operational hours and expand the sale of sealed beer and wine to take-out orders at an existing restaurant located within the Industrial Park (IP) District and Industrial Commercial Overlay District at 11560 4th Street; APN: 0229-411-04. Related Files: Tentative Parcel Map SUBTPM16926, Development Review DRC2004-01013 OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 3 of 10 and Conditional Use Permit DRC2011-0045. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA Section 15301 - Existing Facilities. Griffin Sproul, Planning Technician, gave the staff report and PowerPoint presentation (copy on file). She noted a change in standard condition #1, removing the required minimum number of cameras to be installed and changing the determination of how many and where these cameras would be located from, prior to “issuance of certificate of occupancy” to “commencement of proposed activity.” She stated that the placement and number of cameras would be up to the Police Department’s discretion. In response to Commissioner Wimberly and Chairman Macias, Ms. Sproul and Vincent Acuna, Assistant Planner, stated there are no other establishments in the City that provide the same type of take-out service of sealed beer and wine, but Lazy Dog will operate similar to existing breweries. Additionally, Lazy Dog will continue with the same security measures they have in place currently, and the police department will review the camera footage if called for service. Mark Fernandez, representing Lazy Dog Restaurants, LLC., said they have reviewed all of the conditions and have accepted them as written. He responded to Commissioner Oaxaca and Vice- Chairman Guglielmo and said Lazy Dog would like to make operating hours consistent across all locations and they see the expansion of the sale of their branded and co-branded beer and wine as a way to grow their brand. Additionally, anyone can order the sealed beer and wine and take-out the products. He further stated that security is notified if the restaurant staff observes any issues on-site or in the parking lot. Mr. Acuna responded to Commissioner Wimberly and said a specified time period for reviewing or re- visiting the application is not a current condition of approval for the project, but the Commission can add the condition at their discretion. Chairman Macias opened the public hearing, and seeing and hearing no comment, closed the public hearing. Commissioner Munoz stated that he has confidence in the Police Department’s assessment of the project, but that the applicant should read the conditions of approval thoroughly. Nick Ghirelli, Assistant City Attorney, clarified that the approval with include the standard condition that within 6 months a review of the progress of the application will be brought back before the Commission. OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 4 of 10 Moved by Munoz, seconded by Wimberly, carried 5-0 to adopt the resolution approving the Conditional Use Permit Modification with an added condition to require the applicant to come back to the Commission in 6 months. E2. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2018-00459 – JARY COCKROFT FOR BIANE FAMILY PROPERTIES – A request to establish and operate a personal and recreational vehicle storage facility on 3.81 acres of land in the General Industrial (GI) District, on the south side of 8th Street, west of Hermosa Avenue, located at 10013 8th Street – APN: 0209-201-20. Related file: Design Review DRC2017-00448. Staff has prepared an Addendum to a previously adopted Mitigated Negative Declaration for consideration. E3. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00448 – JARY COCKROFT FOR BIANE FAMILY PROPERTIES – A request to construct a personal and recreational vehicle storage facility on 3.81 acres of land in the General Industrial (GI) District, on the south side of 8th Street, west of Hermosa Avenue, located at 10013 8th Street – APN: 0209-201-20. Related file: Conditional Use Permit DRC2018-00459. Staff has prepared an Addendum to a previously adopted Mitigated Negative Declaration for consideration. Mike Smith, Senior Planner, stated the applicant has asked for a continuance to the meeting scheduled October 24, 2018 to further work with staff on the conditions of approval for the project. Chairman Macias opened the public hearing and seeing and hearing no comments, left the public hearing open. Moved by Oaxaca, seconded by Wimberly, carried 5-0 to continue the item to the meeting of October 24, 2018. E4. HILLSIDE DESIGN REVIEW DRC2016-00672 – ANDRESEN ARCHITECTURE – A request for site plan and architectural review of a proposed 6,175 square foot single-family dwelling unit and a 674 square foot detached second dwelling unit on a vacant lot totaling 12,044 square feet, located in the Low (L) Residential District in the Hillside Overlay District on the north side of Camino Predera; APN: 0207-641-12. This item is exempt from the requirements OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 5 of 10 of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. Dat Tran, Assistant Planner, gave the staff report and PowerPoint presentation (copy on file). He noted the correspondence placed on the dais for the Commission review. Doug Andresen, architect, stated they have done the best to design to stay below required limits and to lessen the impacts as much as possible. Chairman Macias opened the public hearing Rakan Alamet who lives on Red Country Club Drive, spoke in opposition to the project citing concerns with loss of views, compatibility to the surrounding neighborhood, and conformance to land use policies. He said he doesn’t believe the design meets the requirements of the Hillside Ordinance, Development Code, and the General Plan. He noted that he has submitted a letter in opposition of the project. Mr. Alamet continued speaking on behalf of Mr. Rodriguez, another resident. He stated concerns with loss of property value due to view obstruction and the conformance with the intent of the General Plan although the project meets the technical requirements. Renee and Lynn Massey, residents on Camino Predera, submitted a letter in opposition to the project to be included in the public record. Renee Masse read the letter into the record. Chairman Macias closed the public hearing. Vice-Chairman Guglielmo stated that the project is a difficult situation, but it seems like the applicant has worked to address most of the concerns. Commissioner Wimberly said there have been significant modification and changes to the project to accommodate the concerns. Commissioner Oaxaca stated he is concerned with the references to the language in the Development Code and the Hillside Ordinance, and the previous projects that have been commented on during the public hearing and would like opportunity for staff, legal counsel, and the applicant to respond. He stated that CC&Rs are contracts between private parties but would like to know if they have been considered in past projects as a precedence. OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 6 of 10 Commissioner Munoz stated the area is a tough place to build, and they’ve seen projects in Red Hill in the past and will again, but the City does not protect views and the code can be interpreted in different ways. He said it is the Commission’s job to ensure the project meets the code and the applicant has modified the design to mitigate the protests and people have the right to develop on private property and the approval of neighbors and CC&Rs is not required. He further stated that although he’s not a fan of the design, it meets the code, including the City standard for Accessory Dwelling Units, therefore, he sees no reason to deny the project. Chairman Macias said the applicant has worked with staff and City to try and get the best design while meeting requirements. He said the hillside area is a repeated issue which will come up again but believes in an individual’s private property rights and their ability to maximize the economic benefit of their property. Moved by Wimberly, seconded by Munoz, carried 4-1 (Oaxaca against) to adopt the resolution approving the Hillside Design Review as presented by staff. E5. CONDITIONAL USE PERMIT DRC2017-01024 - JEFFREY DEMURE + ASSOCIATES - A proposal to operate a residential care facility totaling 88,896 square feet with 79 assisted living units and 26 memory care units with a total of 115 beds, on a 3.11 acre site located within the Low (L) Residential District, south of and abutting 19th Street approximately 400 feet west of Amethyst Avenue at 9417 19th Street – APNs: 0202-061-05 and 0202-061-49. Related files: Design Review DRC2017-01023 and Tree Removal Permit DRC2017-01022. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA section 15332 – In-Fill Development Projects. E6. DESIGN REVIEW DRC2017-01023 - JEFFREY DEMURE + ASSOCIATES - A proposal to demolish three existing single-family residences and accessory structures and develop a two- story residential care facility totaling 88,896 square feet with 79 assisted living units and 26 memory care units with a total of 115 beds, on a 3.11 acre site located within the Low (L) Residential District, south of and abutting 19th Street approximately 400 feet west of Amethyst Avenue at 9417 19th Street – APNs: 0202-061-05 and 0202-061-49. Related files: Conditional Use Permit DRC2017-01024 and Tree Removal Permit DRC2017-01022. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA section 15332 – In-Fill Development Projects. OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 7 of 10 E7. TREE REMOVAL PERMIT DRC2017-01022 - JEFFREY DEMURE + ASSOCIATES - A proposal to remove a total of seven heritage trees in conjunction with the development of a two-story residential care facility totaling 88,896 square feet with 79 assisted living units and 26 memory care units with a total of 115 beds, on a 3.11 acre site located within the Low (L) Residential District, south of and abutting 19th Street approximately 400 feet west of Amethyst Avenue at 9417 19th Street – APNs: 0202-061-05 and 0202-061-49. Related files: Conditional Use Permit DRC2017-01024 and Design Review DRC2017-01023. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA section 15332 – In-Fill Development Projects. Donald Granger, Senior Planner, gave the staff report and PowerPoint presentation (copy on file). Jeremy Sutter representing the applicant, Jeffrey Demure + Associates, stated staff has given them great input to the design and have some additional design materials available for review if needed. Chairman Macias opened the public hearing. Ron L. spoke in opposition to the project citing nearness of the facility to his property line, concern with potential noise impacts with visitors, ambulances, light impacts from cars turning into the facility because his house faces the proposed entrance, and the increased traffic. He also stated there are already four similar facilities, with one across the street, in the area and questioned the location and need for another assisted living facility. David V. spoke in opposition of the project because he is currently on septic and is concerned with potential sewer issues such as water flow, smell, fumes, water drainage as a result of being located between two newer properties on the sewer system and would like to be given an access point to the sewer line. He also cited concerns with traffic control and congestion, decrease in property values, safety issues, high-density population in a small area, and issues with the Sunlit Gardens facility across the street. Len Cummins, spoke in opposition of the project citing concerns with noise and traffic from ambulances, safety issues, the proposed use in a low residential district and the need for more senior housing, and the removal of the Heritage trees. Joel E. also spoke in opposition to the project citing concerns with flooding and stated he has spoken to the architect about potential flooding issues. He also cited security concern. OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 8 of 10 Mario E. spoke in opposition to the project due to concern with declining property values and the increase of traffic accidents that are already increased with the facility across the street. Chairman Macias closed the public hearing. Mr. Sutter addressed the concerns of the speaker as follows: 1. Ambulance noise: there will be a need for ambulances, but they have mitigations in place to address this issue. For example, the facility will be using a telecare system where nurses have access to doctors right away to avoid extra calls that are not necessary, and they are amendable to continue to meet with City, Fire, and AMR to reduce noise impacts. 2. Sewer connection: They wouldn’t be able to provide that access due to easement issues, but there is sewer access on 19th Street. Albert Espinoza, Assistant City Engineer, confirmed and added the interested party would have to work with CVWD. 3. Drive aisles and entrances: Designed for fire access and emergency access for the entire building and re-designing the drive aisles and driveway would result in the building to be set closer to the street. 4. Traffic and light impacts: Potential headlights on neighboring properties would only occur is someone missed the entrance to the facility and the anticipated increase in traffic is less than 50 trips and before 8:00 PM. 5. Drainage issues: The civil engineer, Tony McCreery said a 6-foot tall site wall will wrap the perimeter and will have intermittent blocks taken out to continue to allow for water flow which will help not to increase flooding in the area. In response to Chairman Macias, Mr. McCreery stated that there is an existing drainage channel on the south of the property. Commissioner Munoz said there is a more of a need for assisted living facilities due to the increase in seniors and doesn’t see heightened traffic as an issue for these types of facilities. He stated that a facility that is not built cannot be compared with another facility, but this project has to meet the conditions of the permit and can be re-addressed if problems arise. Commissioners Wimberly and Oaxaca concurred with Commissioner Munoz and further stated the facility will be an enhancement to the community and not create any negative impacts, and the project is a permitted use in the Low-Residential District. Vice-Chairman Guglielmo stated the design is well-thought out and mitigates view obstruction and functional design. Chairman Macias said he is familiar with Sunlit Gardens across the street, it is a quiet facility and the traffic is caused by the visitors with peak hours during mid-day or late afternoon and sees a high demand for these facilities. OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 9 of 10 Moved by Guglielmo, seconded by Oaxaca, carried 5-0 to adopt the resolutions approving the Conditional Use Permit, Design Review, and Tree Removal Permit as presented by staff. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER-AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: G. ADJOURNMENT 9:00PM I, Susan Shaker, Administrative Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on, Thursday, October 04, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Susan Shaker Susan Shaker Administrative Assistant City of Rancho Cucamonga If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 10 of 10 INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker’s podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under “Public Comments.” There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission’s decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk’s Office and must be accompanied by a fee of $2,793 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us.