Loading...
HomeMy WebLinkAbout2021-02-24 - Minutes - PC-HPCHistoric Preservation Commission and Planning Commission Agenda February 24, 2021 MINUTES Rancho Cucamonga, CA 91730 7:00 p.m. The meeting of the Historic Presentation Commission and Planning Commission was held on February 24, 2021. The meeting was called to order by Chairman Guglielmo at 7:00pm. A. Roll Call Planning Commission present: Chairman Guglielmo, Vice Chair Oaxaca, Commissioner Dopp, Commissioner Morales, Commissioner Williams. Staff Present: Nicholas Ghirelli, City Attorney; Anne McIntosh, Planning Director; Sean McPherson, Sr. Planner; Dat Tran, Assistant Planner; David Eoff, Sr. Planner; Elizabeth Thornhill, Executive Assistant, Mike Smith, Principal Planner; Brian Sandona, Senior Civil Engineer; Tabe van der Zwaag, Associate Planner. B. Public Communications Chairman Guglielmo opened for public communications and hearing no comment, closed communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of February 10, 2021. Minor correction in the Roll Call; removing Darrelle Field, City Attorney and replacing with Nicholas Ghirelli. Motion by Commissioner Morales, second by Commissioner Williams. Motion carried 5-0 to adopt minutes as amended. D. Public Hearings Chairman Guglielmo recused himself from Item D1 due to owning one of the units in the building of this proposed project. Vice Chair Oaxaca will take over. D1. TENTATIVE PARCEL MAP SUBTT19996 (LOCATED AT 9353 FAIRVIEW PLACE) — NADER QOBORSI FOR BUTTERFIELD VILLAS, LLC - A request to convert an existing 7,004-square foot office building on a 1-acre parcel (43,608 square feet) of land into 8 office condominium units and shared common areas in the Mixed Use (MU) District and Sub Area VIII of the Empire Lakes Specific Plan, APN: 0210-082-69. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15301. Tabe van der Zwaag, Associate Planner, presented Commissioners with a Staff Report and oral presentation (copy on file). Vice Chair Oaxaca asked the Commission if there were any comments for staff on the Public Hearing Item. With no questions from the Commission, Vice Chair Oaxaca opened the public hearing. Nadar Qoborsi, Applicant, requesting Commissioners approval of the project and is available to answer questions. Commissioner Dopp, asked if there was good feedback from business owners in terms of buying back the complex once it went up for sale. Nadar Qoborsi referred it over to Mr. Batniji, who is the owner of building, to answer that question. Samir Batniji, Owner, answered at present time it is not for sale. It could be an open door in the future, but he intends to maintain most of it. With no public comments, Vice Chair Oaxaca closed public hearing. Commissioners expressed general support of the project it is straight forward. Motion by Commissioner Williams, second by Commissioner Morales. Motion carried 4-1-0 to adopt Resolution 21-11. Recuse - Guglielmo. Chairman Guglielmo resumed his position as Chairman and continued the meeting. D2. ENVIRONMENTAL REVIEW & DESIGN REVIEW DRC2016-01017 (LOCATED AT 88269 FOOTHILL BOULEVARD) — MARTHA SCHACHT FOR CHAGO TORTAS AHOGADAS — A request for site plan and architectural review of a 2,456 square foot restaurant with an 858 square foot second -story office area on a 24,189 square foot parcel of land in the Mixed Use (MU) District and Foothill Boulevard Overlay District Subarea 1 at the intersection of Foothill Boulevard and San Bernardino Road at 88269 Foothill Boulevard, APN: 0207-113-23 and 24. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15303 (construction of small structures). Tabe van der Zwaag, Associate Planner presented Commissioners with a Staff Report and oral presentation (copy on file). Chairman Guglielmo asked the Commission if there were any comments for staff on the Public Hearing Item. Vice Chair Oaxaca mentioned he noticed in the site plans and color renderings, there are areas with lattice covers over on side of building and it's noted on one of the plans those areas would accommodate outdoor dining. He asked would that be the plan that those areas. Tabe van der Zwaag replied it would be a great place for outdoor seating but as they are maxed out on parking due to the office building in the interior seating, there is not enough parking available for outdoor seating. HPC/PC Meeting MINUTES — February 24, 2021 Page 2 of 8 Final Commissioner Dopp stated as a follow up, he asked if there is a situation that maybe something comes up and they come back asking for that in the future. What is the process. Tabe van der Zwaag responded that there is always a possibility they could do a minor exception after they have been in business a little bit and it's clear there is adequate parking for the outdoor seating area. He said we could give them a minor exception which can be up to 25% of the required parking. Anne McIntosh, Planning Director, added we are doing a code update and revisiting parking requirements. She said if the parking ratio changed, it would be an opportunity for the applicant to be able to use that space. Commissioner Dopp stated there is certainly a chance there may be an overflow parking at some point if restaurant is successful. He asked what does the parking situation look like on San Bernardino Road. Are people allowed to park on the side as curbside parking. Tabe van der Zwaag replied a bit of an issue is Vince's Spaghetti is a very popular restaurant and they have been encroaching on this site for their parking. There may be a point in the evenings that each will be hunting on the street for parking. With no other questions from the Commission, Chairman Guglielmo opened the public hearing. Martha Schact, Applicant, thanked the Commissioners and is available to answer questions. Commissioner Dopp asked what will their restaurant look like and if she can elaborate compared to Montebello site. Martha Schact described what kind of food they will serve and how their tortas are made. Commissioner Dopp asked if they have very long waiting lines for food service. Martha Schact responded the only way to pick up tortas is in parking lot and waiting to receive as curbside. No drive thru. Buzz Cuccia, Vince's Spaghetti, mentioned his concern is the parking situation impacting the area with traffic and asked how many seats will they have inside for dining. Expressed he is in support for the restaurant being there. Martha Schact responded they will have 17 tables (4 people per table) to hold 68 people inside capacity is what they are proposing. With no more comments from the Public Chairman Guglielmo closed public hearing. Commissioner Dopp expressed his concern of public parking but not enough to deny the project. He thanked applicant for choosing Rancho Cucamonga. Commissioner Williams is excited about the project at that site. She added since it is located at a point (intersection of Foothill Blvd. and San Bernardino Rd.) she suggested Public Art would be a great location at that point for a Route 66 art, big, bright and attractive. HPC/PC Meeting MINUTES — February 24, 2021 Page 3 of 8 Final Commissioner Morales stated it's a nice mixed -use building with office on the second floor. Expressed he likes the Spanish architecture design and agrees with Commissioner Williams about Public Art on that corner suggesting a mural or statue if owner/applicant desires to do so. Vice Chair Oaxaca stated he agrees with his fellow Commissioners. Expressed it's a nicely designed project. He said he shares Commissioner Dopp's concern in parking. Parking does become a bigger issue when the business becomes successful and hopes it does not create issues for the business in the future. He mentioned this is an applicant that successfully runs another restaurant in the Montebello area and it's great that they see an opportunity to bring the same concept here. Chairman Guglielmo asked about the Public Art potential and if there is any way to make it a requirement as a Commission. Nick Ghirelli explained under the City Ordinance it is an in -lieu fee, so the applicant has the opportunity to provide the art on the site or contribute to the City or pay the in -lieu fee to the City. He said assuming the applicant does pay the in -lieu fee, these comments are still well taken and important because the Public Art Committee can take those comments and consider using the money for art at that corner. Anne McIntosh mentioned we can certainly work with them on that option to place a piece of art at that corner. Motion by Commissioner Dopp, second by Vice Chair Oaxaca. Motion carried 5-0 vote to adopt Resolution 21-10 D3. TENTATIVE PARCEL MAP SUBTPM20164; MINOR DESIGN REVIEW DRC2020-00138; CONDITIONAL USE PERMIT DRC2020-00087; AND PUBLIC CONVENIENCE AND NECESSITY DRC2020-00459 (LOCATED AT 8768 ARCHIBALD AVENUE) — ORBIS REAL ESTATE PARTNERS — A new commercial building with a fueling station and convenience store proposing off -site alcohol sales located on a parcel addressed 8768 Archibald Avenue in the General Industrial (GI) District; APN: 0209-032-35. This item is 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. Sean McPherson, Senior Planner presented Commissioners with a Staff Report and oral presentation (copy on file). At the end of Sean's presentation, he mentioned the Applicant had prepared their own PowerPoint slideshow to present tonight to the Commissioners. Chairman Guglielmo asked the Commission if there were any comments for staff on the Public Hearing Item. Commissioner Dopp asked how ABC comes up with the number of liquor license allowed within a census tract. Nick Ghirelli, City Attorney, explained there is a standard set forth in the business and professions code and for off sale retail licenses. He said the ratio to population in the census tract in which the applicant premises are located exceeds the ratio of off sale retail licenses to population in the County, which the applicant premises are located. He said you would compare the census tract with general County numbers. HPC/PC Meeting MINUTES — February 24, 2021 Page 4 of 8 Final Commissioner Dopp regarding the tract, he is not sure what a neighborhood in Vineyard has to do with a neighborhood in Archibald with a bunch of industrial building in between. He asked staff if there is a larger big box establishment for liquor license vs. smaller convenient stores and do we weigh things differently when we look at retail establishments vs convenient stores. Sean McPherson replied there is no difference really if Target applied for a Type 20 alcohol license opposed to a mom and pop shop. There is really no distinct difference as it relates to a request for alcohol license. Vice Chair Oaxaca asked staff if they have Historical background on how this census tract due to the weird shape and he is not sure how they grouped everything together. It seems the census tract designation has a different purpose and he is looking at a combination of the off sale licenses with and without gas stations that are within the census tract. We got Target; Aldi; big boxed retailers compared to small businesses still applying for sale type off sale licenses. He asked if there is any history or background on how we got to this point with this level of concentration at this part of the City. Sean McPherson responded he does not have detailed history on the existing off sale alcohol licensing in this census tract. Anne McIntosh mentioned after Commissioners have heard all of the testimony and still have questions relevant to making a decision, at the end of your discussion and give us an opportunity to answer those questions after tonight's meeting and come back to a subsequent meeting. With no other questions from the Commission, Chairman Guglielmo opened the public hearing. Grant Ross, Applicant, presented Commissioners with a PowerPoint presentation. (Copy on file). Requests Commissioners to come back on March 101h with a resolution to get the project approved. Commissioner Dopp asked how did they arrive at $108,000 sales tax total. Grant Ross replied they hired and engaged a V party that studied locations throughout California. Commissioner Dopp asked to what extent would he be willing to go above and beyond to address some of the local residence concerns. Grant Ross responded, as owner of the property, he would supply his personal cell phone number to call him personally to address any concerns. Commissioner Williams asked what is the possibility in the future you might decide to sell and make it a franchise store rather than keep it as a lab store. Grant Ross replied he will let 7-Eleven answer the question but as for him being the holder/owner, he will maintain long-term. Michelle Moore, 7-Eleven Development Team, presented Commissioners with a PowerPoint presentation highlighting some things of interest and why they selected Rancho Cucamonga. (Copy on file) The following persons commented on the project: Suket Dayal; Pat (Resident Discovery Village); Eva The comments included the following concerns: HPC/PC Meeting MINUTES — February 24, 2021 Page 5 of 8 Final • Beer sold across the street from Middle and Elementary School • Gasoline Fumes and chemical exposure • 24/7 noise • Prefer grocery store not convenient store • Requests denial of applicant to sell Alcohol. For the record, it is noted that the following correspondences was received after the preparation of the agenda packet and the following general concerns are noted: The actual correspondence should be referred to for details: • Email received from Hector Hernandez to oppose the project due to being across street from schools and sale of liquor. • Email received from Craig Scheu is in favor of the project. • Letter received from Dennis Barahona is in favor of the project. • Letter from Don S. is in favor of the project. • Letter from Mark A. is in favor of the project. • Email received from Jim Wood, member of Old Spanish Trail Assoc. requesting to continue signage in Rancho. Jon Shardlow, Applicant, described the highlights of having a 7-Eleven store. He also answered Commissioner Williams question and they have no plans to sell to a franchisee. He said it will stay as a corporate store. Commissioner Williams asked about the possibility of having a EV charging station and what is the percentage it will be added. Jon Shardlow explained they can certainly commit to that and just put in the Conditions of Approval. He said if any additional permitting is needed, he does not want to commit if it will require further discretionary action. With no more comments from the Public, Chairman Guglielmo closed public hearing Anne McIntosh stated the applicant presented fiscal analysis which is really the City's analysis to conduct. She said if the Commission is inclined to approve the project, we would ask for the opportunity to do that analysis ourselves and not rely on the estimates given by the applicant because we do not agree with them. Concerns are not any individual part of this, we all agree the building is beautiful, landscaping is nice, it's the combination of all that is being asked, gas, convenient store, alcohol. She believes this location is favorable because it's on Archibald a high traffic street. People passing through would probably be people buying gas here, not necessarily local residents. If you want to think about charging stations, we can take back to applicant and talk to them about it. She suggests your conversation focus around some of these concerns and whether or not you think it would be addressed and want more information or want to see some changes as it is proposed. Commissioner Williams stated she has concerns because she really likes the building but mentioned if this was to go forward, the illumination of the sign should definitely not be facing the residents living nearby. She is also concerned about the school and it's a real problem. She said it doesn't make any sense to have alcohol sales across from a school. She asked if there was any chance corporate would look at having a non -alcohol store and become more of a grocery store provider. She suggested to possible have beer and wine at Laredo Tacos and not be taken beyond a point on the property. Maybe it is something to look at in the coming future. HPC/PC Meeting MINUTES — February 24, 2021 Page 6 of 8 Final Commissioner Morales stated the project does meet all the relevant development standards relating to the planning and overall design. He expressed he likes the lab store and fresh food destination. He believes that 7-Eleven is a responsible retailer and the applicants made a good presentation, but it is a tough decision for him. He looked at the census tract map of all the locations of liquor sales and they are in close proximity. He mentioned one thing that did stand out to him is their off sale alcohol establishment is 1 block north and south of the project. He heard the concerns of residents about the school across the street and it is concerning to him that another off sale alcohol establishment might be added to this immediate area. Vice Chair Oaxaca asked staff when active off sale licenses within the census tract combination of Type 20 and Type 21 licenses come up for renewal, is there any discretionary action available to the City at this point. His concern is when an applicant comes into a situation and it's not of their doing and proposes a project and comes into a situation where it's basically a mess already, he was wondering is there any discretionary action available to the City at the time these licenses come up for renewal. Nick Ghirelli, City Attorney, explained the City does not have any involvement in renewal process for ABC Licenses. He said the City's roll in alcohol licensing is this one situation where ABC determines there is an over concentration of licenses in a census tract and ABC will ask the City if they want to issue this public convenience or necessity determination. Vice Chair Oaxaca stated he had a chance to review the project in Design Review and it was presented very well. These other issues where not within the scope of our evaluation of the project. There is a significant which is the proximity of the availability of off site cash and carry type sales of beer and wine that close to schools and the potential attempts of underage individuals to purchase alcohol from these locations. He said the EV charging station is a great idea. He has no concern about the gas station portion of the project with environmental concerns have been addressed according to Staff. He said the overriding consideration for him is the proximity to the schools and the availability off sale of beer and wine as part of this project. Commissioner Dopp stated there has been a lot of conversations about alcohol and proximity of the schools and he has the same concerns. He said we have heard over the last couple of years in the General Plan process and from residents and again today this idea that S.W. Cucamonga is greatly underdeveloped economically relative to rest of the city and there are worst outcomes for residents living in that city. What message are we sending to residents in that city if we approve another convenient store for them. There has been a lot of talk about how much we need to address people in that part of city and at some point, it just becomes talk. He said we have to start to make actions and decisions that reflect values we are trying to enshrine as a community for those people. On a fundamental level ethically speaking, he has a real problem that the best we can do for that part of town is low amenity opportunities. We need to do better. Chairman Guglielmo stated a lot of good points have been raised are for the project, against the project. He asked do we want to have additional research done on this. Nick Ghirelli, City Attorney, stated just to be clear, whatever decision you make tonight staff is not recommending you make a final decision on the project because we don't have a resolution with written findings one way or the other. There is an opportunity to craft a motion to provide direction to staff to work with applicant and if certain conditions are met, we can bring back a resolution to satisfy that direction or if conditions are not met, staff can bring back a resolution to deny the project. Anne McIntosh mentioned if Commission wanted to make a decision to deny and asked to bring back a resolution, there are components to this project that if the applicant decided we wanted to remove HPC/PC Meeting MINUTES — February 24, 2021 Page 7 of 8 Final part of it because Commission did not like, they could reapply. She said you can deny it without prejudice so they can come back with a revised application. Motion by Commissioner Dopp, second by Vice Chair Oaxaca. Motion carried 5-0 vote to direct staff to prepare a resolution to deny the CUP for Alcohol establishment and to recommend City Council to deny the PCN and Staff to work with the applicant to consider the other entitlements and bring back a resolution based on that discussion. F. Director Announcements -None G. Commission Announcements - None H. Workshop - None I. Adjournment Motion by Vice Chair Oaxaca, second by Commissioner Morales to adjourn the meeting, motion carried 5-0. Meeting was adjourned at 10:15pm. Respectfully submitted, I a qEliz&thTho±rnhi11l Executive Assistant, Planning Department Approved: PC/HPC Regular Meeting 3-10-2021. HPC/PC Meeting MINUTES — February 24, 2021 Page 8 of 8 Final