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HomeMy WebLinkAbout2021-08-11 - Minutes - PC-HPC HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AND AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA August 11, 2021 7:00 p.m. MEETING MINUTES The Regular meeting of the Historic Presentation Commission and Planning Commission was held on August 11, 2021. The meeting was called to order by the Chair Oaxaca at 7:00 p.m. A. Roll Cal Planning Commission present: Chair Oaxaca, Vice Chair Dopp, Commissioner Morales, Commissioner Williams and Commissioner Guglielmo Staff Present: Nicholas Ghirelli, Assistant City Attorney; Anne McIntosh, Planning Director; Mike Smith, Principal Planner; Jennifer Nakamura, Management Analyst II; Elizabeth Thornhill, Executive Assistant; David Eoff, Sr. Planner; Dat Tran, Assistant Planner; Vincent Acuna, Associate Planner. B. Public Communications Chair Oaxaca opened the public communications and hearing no comment, closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of June 23, 2021. C2. Consideration to adopt Staff Retreat Meeting Minutes of July 14, 2021. Motion by Commissioner Williams, second by Commissioner Morales to approve Consent Calendar. Motion carried unanimously 5-0 vote. D. Public Hearings D1. LOCATED AT 6929 HELLMAN AVENUE - W&W LAND CONSULTANTS, INC. - A request to subdivide a vacant 2-acre parcel into 6 lots for the development of 6 single-family residences, a Tree Removal Permit to remove 16 Heritage Trees, and a Minor Exception for increased wall height for a site within the Low (L) Residential District. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt under CEQA Section 15332 – In-Fill Development Projects (Tentative Tract Map, Design Review, Tree Removal HPC/PC Regular Minutes – August 11, 2021 Page 2 of 10 FINAL Permit and Minor Exception. (SUBTT20353, DRC2020,00195, DRC2021-00119, DRC2021-000338). Vincent Acuna, Associate Planner, presented Commissioners with a Staff Report and presentation (copy on file). Commissioner Dopp inquired about the Avocado Tree if it will remain or be relocated. Vincent Acuna answered it will remain in place. Commissioner Dopp asked about the Heritage Trees on the lot, and if they will survive. Vincent Acuna answered that due to the current stress inflicted by the drought on the trees, they may not survive after relocation. They also cannot be relocated over the bio-retention basin used for stormwater drainage purposes. Commissioner Morales asked about the existing tress along the north side of site, and if development can still be accomplished if they are left in place. Vincent Acuna answered that the Heritage Trees towards the north part of the site are in poor or dead condition, per the Arborist report, and would therefore need to be removed. Chair Oaxaca opened public hearing. Mike Lou, represent the owners and developers of the project. He mentioned they made sure project will not cause any inconvenience to the neighbors, as evidenced by changes incorporated to the plans as a result of the neighborhood workshop comments. It will benefit all and increase home value. Tom Lau, Applicant, said he is available for questions. Chair Oaxaca stated answers to the questions will be brought back once we hear from all commenters. Steve Ruggles, Resident, has concerns regarding the wall addition along the south property line of the site, and asked if it is being added to the retaining wall currently there. He talked about the Avocado Tree, which is directly behind his house, requesting it should be removed, as he said it was dead. Also, asked what is the setback that backs up to the lot, and the height of houses proposed along the southern portion of the property. Bill Verner, Resident, has a concern of the high speed of cars driving down Hellman. He said it is very dangerous and with the addition it will get worse. He asked what is being proposed to reduce the speed of cars. Rudy Ratcheran, Resident, asked about the proposed wall height along the south property line. Also, stated there are a pair of Hawks on the Heritage Tree and wanted everyone to be aware of it. For the record, it is noted 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 more details: • Letters from Andrew, Darlene and Alyssa Brinker requesting replanting of the Heritage Trees or larger Native Trees which provide habitat for variety of birds and wildlife. HPC/PC Regular Minutes – August 11, 2021 Page 3 of 10 FINAL • Letter from Biju Jacob addressed concerns of the removal of all long-standing trees, other vegetation and wildlife. Chair Oaxaca closed the public hearing. Vincent Acuna, answered questions that were asked during public comment as follows: • Wall along the southern side of property: The new wall will be 3-6 ft. higher than existing wall depending on the existing slope. This will be in addition to the existing wall that backs up to the existing houses. • Avocado Tree: Arborist report was originally submitted 2019. Due to persisting drought, some trees may have died within the past two years that were not recorded in the Arborist’s Report. Staff will request that the applicant provide an updated Arborist Repot. • House set-back that fronts the southern property line (Lots 4 and 3): Houses will be located at least 10 ft. from property line. House towards left side of development will be 11 ft. and house on right corner will be 12 ft. • Speed Limits on Hellman - Traffic Study: Traffic department did review project. However, due to the low number of units being proposed, a traffic study was not warranted because it did not meet threshold. • Wall along Hellman: There will be a 6 ft. height block wall. There will be no houses facing Hellman. All access will be through Billings Place. • Hawks and Birds observed on Project Site: As part of a Standard Condition of Approval, if nesting birds are found on site, they could not be disturbed until nesting and breeding has been completed. No construction can occur until nesting has been completed and birds have been migrated. Commissioners concur and are in favor of the project. Motion by Commissioner Morales, second by Vice Chair Dopp to approve Resolutions 21-41, 21-42, 21-43 (including the amended findings related to the Tree Removal Permit), and 21-44. Motion carried unanimously, 5-0 vote. D2. LOCATED AT 8443 HAVEN AVENUE – HAVEN CITY MARKET – A request to modify an existing Conditional Use Permit (DRC2015-00959) and to add an Entertainment Permit to allow for indoor and outdoor entertainment and temporary uses at an existing food hall located within the Industrial Park District, Haven Avenue Overlay District and Industrial Commercial Overlay District. The action is categorically exempt from the California Environment Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 – Existing Facilities; APN: 0208-622-27. Conditional Use Permit Modification, Entertainment Permit (DRC2021-00149, DRC2021-00195). Dat Tran, Assistant Planner, presented to the Commissioners with a Staff Report and presentation (copy on file). He mentioned that there were last minute changes to the Resolutions and Conditions of Approval to further clarify proposed Haven City Market operations. Copies of both were placed on the dais for the Commissioner’s to review. During the presentation, Dat Tran also briefly reviewed each of the changes. Anne McIntosh explained that the CUP process is normally approved by Director. However, due to the prominence of the business in the community and the scope of changes proposed, a decision was made to elevate the project to Planning Commission review. HPC/PC Regular Minutes – August 11, 2021 Page 4 of 10 FINAL Chair Oaxaca inquired about the parking lot area. He had concerns that we might be making the parking situation worse. Dat Tran agreed parking is generally tight. He referenced the Parking Study conducted for the original Conditional Use Permit (2016), which found that there was excess parking onsite. Dat Tran explained that to mitigate parking concerns, events would be limited to 4 times a year. Applicant is also conditioned to have 125% parking available to be off-site. Lastly, Dat Tran reiterated that the Conditional Use Permit has a 1-year review period; the City has the option to review the activities in HCM and make adjustments as necessary. Chair Oaxaca asked whether there is a limitation on the number of parking spaces used for an event. Dat Tran answered that there are no limits placed on parking lot usage in the Conditional Use Permit. He also explained that if the Commissioners want to make a recommendation, then we would discuss it tonight. Chair Oaxaca opened public hearing. Tommy Ly, owner of Haven City Market, explained that the reason for modifying the CUP is to have the flexibility to do events and generate community interest to support existing HCM businesses. Commissioner Dopp asked the scope of the impact to the area. Tommy Ly explained that previous events did take parking away. He also explained that future events would occur during “slow times” rather periods in which HCM was busy (such as weekends). Commissioner Dopp asked if he had any specific ideas. Tommy Ly replied that they do not have any thing set for the parking lot area yet. They have an idea for a Maker’s Market in the outdoor eating area but has yet to develop the plans for it. Commissioner Guglielmo asked if there was anything on the horizon for the Gourmet Market. Tommy Ly said no. He explained that fresh grocery operators are not easy to find. Commissioner Guglielmo asked what type of seasonal events are planned. Tommy Ly replied Halloween Haunted House, Christmas events. He explained that they will be using the Gourmet Market space for those events. Commissioner Morales asked about the timing of events and whether restaurants will stay open to accommodate those attendees. Tommy Ly answered that the hours are 11:30am – 9:30pm. Some restaurants may stay open until 11pm. Commissioner Morales inquired about what kind of concerts are expected and how would they promote them. Tommy Ly explained that social media will be the primary means of advertising. He also answered that concerts would be acoustic with up to crowds of 100 people. HPC/PC Regular Minutes – August 11, 2021 Page 5 of 10 FINAL Commissioner Dopp mentioned he does follow them on social media. He asked Mr. Ly if the CUP gives them flexibility for what is being asked. Tommy Ly said it helps them to be creative and brings awareness to the gourmet market space. Their goal is to open that side up. Commissioner Williams asked what will happen if the event gets out of hand. She asked how will it be controlled? Tommy Ly explained that they will implement a ticketing system. Commissioner Williams asked if Mr. Ly agrees to the Conditions of Approval. Tommy Ly answered yes. Chair Oaxaca closed the public hearing. Commissioner Dopp stated when looking at the permit uses for Unit 101 and mezzanine level, asked staff if Mr. Ly wanted to come back with one of the other permitted uses, does it have to be permitted by anyone in the Planning department or is it permitted by right at this point. Anne McIntosh replied the use itself would be permitted if listed in the CUP, but it would require all the building permits and fire permits, etc. Commissioner Dopp mentioned he is impressed with City Market. He appreciates what staff has done so far, given the restraints of all that is going on. For the record, he would prefer to see a grocery or art gallery in the existing Unit 101 and mezzanine space, respectively. Commissioner Morales said he too was concerned about the parking but was glad to see the 125% off- site parking mitigation. He said this would be good for Haven City Market and to attract and keep it healthy. He expressed his support for the project. Commissioner Guglielmo stated the report is extremely detailed. He expressed the reinventing this space has been a huge success and would like to see it continue to thrive. He reiterated that the Commission has flexibility to rein in the activities if it becomes a problem. He believes the project has been analyzed thoroughly. Commissioner Williams stated that she is impressed with what has been done. She said it meets the needs, and it’s fun for all ages. She said an art gallery would be wonderful. She expressed her approval with the proposed changes. Chair Oaxaca stated that he appreciates staff work with applicant and coming up with unique approach for HCM. He expressed hope for HCM’s future. Motion by Vice Chair Dopp, second by Commissioner Williams to approve Resolutions on the dais 21- 45 (as amended) and 21-46 (as amended). Motion carried unanimously, 5-0 vote. Chair Oaxaca announced a five-minute recess to allow next presenter to set up. (8:16pm) Chair Oaxaca re-opened the meeting. (8:23pm) HPC/PC Regular Minutes – August 11, 2021 Page 6 of 10 FINAL D3. General Plan Amendment to amend the land use element to add three new zoning designations known as City Center, City Corridor Moderate and City Corridor High, and redesignate 62 parcels identified in Exhibit 1 of the staff report from their existing land use designations to one of the new land use designations. (DRC2021-00281) Development Code Amendment to establish three new zoning districts known as City Center, City Corridor Moderate and City Corridor High, establish development standards and permitted uses for each new zoning district, and remove 8 parcels from the Haven Avenue Overlay and 1 parcel from the Industrial Commercial Overlay. (DRC2021-00282) Zoning Map Amendment to rezone 41 of the 62 parcels within the city to one of the three new zoning districts. (DRC2021-00283) Planned Community Amendment to amend the Terra Vista Planned Community to rezone 13 of the 62 parcels to the new Urban Corridor zoning designation and establish development standards for the Urban Corridor zoning district. (DRC2021-00284) Specific Plan Amendment to amend the Victoria Specific Plan to rezone 6 of the 62 parcels within the specific plan to the new Urban Center zoning designation and establish development standards for the Urban Center zoning district. (DRC2021-00285) Master Plan Amendment to amend the Town Square Master Plan to rezone 2 of the 62 parcels within the master plan to the new Urban Center zoning designation and establish development standards for the Urban Center zoning district. (DRC2021-00286) An addendum to the 2010 General Plan Final Program Environmental Impact Report (SCH #2000061027) has been prepared for this project. All of these items will be forwarded to City Council for final consideration following the Planning Commission’s recommendation on each. Jennifer Nakamura, Management Analyst II, presented Commissioners with a Staff Report and presentation (copy on file). She explained the reason for the changes and stated it is time for the City to update its housing element (6-cycle) that is due to the State Department of Housing Community Development by October 15th, 2021, with a 120-day grace period. As part of the housing element, the City needs to plan for 10,525 housing units, meaning creating space where those can be accommodated within the 6-cycle, which lasts 2021-2029. State law requires the zoning for the Regional Housing Needs Assessment (RHNA) must be in place by October 15th. If we do not have this zoning in place by October 15th, we will lose the opportunity to have discretionary review over certain types of affordable housing projects. As a City, we want to maintain local control as much as possible and by doing this in this order we would be able to continue to maintain that local control and make sure future affordable housing projects are developed under the same high standards that we expect for all housing projects today and in the future. What happens today: Based on what is currently zoned, a capacity for over 5000 units, we need to take that balance of those units and up zone some parcels to do that. We identified 62 parcels that would provide the potential for those planned housing units and incorporate now into our existing planning documents. In order to do this, we need to update the following: 2010 General Plan, Develop Code, Zoning Map, Terra Vista and Victoria Communities and Towns Square Master Plan. Commissioner Guglielmo asked regarding the rezoning, is it taking away any existing zone capabilities and rezoning it or is it an additional option for property owners. HPC/PC Regular Minutes – August 11, 2021 Page 7 of 10 FINAL Jennifer Nakamura answered the most significant changes would be along Haven Avenue overlay. Those properties would now be able to do a mix of uses, an office as well as residential. Generally, this is designed to expand not contract the allowed uses permitted to further develop property than what is currently allowed today. Commissioner Guglielmo asked if there is an office, can they still do an office or include along with housing. Jennifer Nakamura replied there has to be a minimum of two land use types. She explained that can be a mix of office and commercial. residential and office, or commercial and residential. Ultimately, how those percentages would work out would be determined part of the development review process with a recommendation from the Planning Director. Commissioner Morales asked when they adjusted the density range with the lower floor, will it still keep us in compliance with RHNA requirements. Jennifer Nakamura answered yes, as long as we do not eliminate the minimum density range. We have to have a minimum density range as required by the State as part of this process. Commissioner Morales asked if she could give an example or explain how tall the buildings will be in certain areas. Jennifer Nakamura replied the lower end of the density range will be 3-story building. From Haven west to city limits, lower 3-4 story. Haven/Foothill corner, which is designated as City Center, could go up to 12 stories. Same with Victoria Gardens, downtown feel with higher density of housing and uses. Same with the area of Haven/4th would be of a similar density with upper ends of that range. On east side of Haven, along Foothill, 4-7 story building depending on how far they get to density range. Commissioner Dopp expressed that Vincent Acuna, Dat Tran, along with Jennifer Nakamura had wonderful presentations. They all did a great job. He stated for the record, this does not set everything completely in stone. We still have a General Plan Update we are still doing; this will come back before Commissioners if there are concerns from the community. Jennifer Nakamura replied yes. These are going to be in the Code and General Plan as a permanent ordinance but will probably have additional refinement as we finish our review and adoption of the PlanRC General Plan and as we work through the development code that goes along with it. These are the minimum requirements we have to have per the State in order to make sure we meet the requirement to say we have implemental zoning available for these potential number of units, as well as development standards. Commissioner Dopp mentioned the letter she referred to talked about CEQA and EIR. He stated we will be seeing in PlanRC Environmental Impact Report and asked we’ll have the final say. Jennifer Nakamura answered yes. Nick Ghirelli, Assistant City Attorney, clarified this action today an addendum to 2010 EIR was prepared, and our environmental consultant concluded the buildout under the proposed ordinance before you was anticipated as part of that general plan. HPC/PC Regular Minutes – August 11, 2021 Page 8 of 10 FINAL Commissioner Dopp asked is it possible there is an argument to be made that we should not actually reduce the minimum density. A lot of time, effort and money has been put into this General Plan in the last two years. If staff feels strongly about the density requirements of the vision for the plan, we should “stick to our guns” rather than reduce requirements just to make property owners happy. Anne McIntosh suggested we should hear from the public and ask that question after we have had public testimony. Chair Oaxaca stated early in the presentation she mentioned a number over 10,000 units and recognize council will take care of half of that number. He asked where the rest is coming from. Jennifer Nakamura responded the rest it is coming from parcels already zoned and the current densities that are allowed within those already zoned. She explained when evaluating housing element and sites you currently have and determine how many we already have zoned and planned for, then we have to add the balance. She said there is already zoning in place for about 5000 or so of those. Now, it is just adding to that balance. Anne McIntosh mentioned it’s important to note this is not the total number in the new General Plan we have been talking about having additional units. This is a number that gets us to our goal. She said it is undoubtable Commissioners will have a deeper conversation with property owners about land use designations once we get into those public hearings. There will be a lot of discussions. Chair Oaxaca asked what was staff thinking as they identified these particular parcels. How did they look at the available parcels in the city. Jennifer Nakamura replied that part of it had to do with vacant parcel inventory and parcels of interest. We asked our housing consultant to first propose the initial list and staff reviewed and made refinements. Looking for parcels currently vacant and/or parcels that were underdeveloped. Most of the parcels, well over 80% on east end of town, currently have developments on them. Chair Oaxaca mentioned a correspondence received refers to a specific parcel and asked staff if any comments are warranted, or any reaction Commissioners should be aware of. Jennifer Nakamura answered within the Haven Avenue overlay, it is the southernly parcel is the subject of one of the pieces of correspondence. They have requested to remove from the Haven Avenue overlay and leave as Industrial Zoning or to be lowered from City Center High to City Center Moderate zoning designation. Currently, it is staff’s recommendation we leave proposal as is. Currently in discussion with property owner. Felt lowering the density at this time would provide the relief they are looking for, but we will be in continued conversations with them as we move forward to alleviate concerns or answer any questions they may have. Chair Oaxaca opened public hearing. Ray Allard, Allard Engineering, representing Hofer Properties, LLC; APN 209-131-02. He said a lot of effort went into this and thanked staff, especially David Eoff, Senior Planner, for taking the time to meet. Mr. Allard’s clients attorney filed an objection letter (which was received today), due to concerns of lowering the density. Lowering the ceiling on that particular property does start to go a long way toward addressing their concern. Did not need to get into much detail due to a lot of negotiations going on. HPC/PC Regular Minutes – August 11, 2021 Page 9 of 10 FINAL Bret Bernard, Director of Planning and Development with Milan Capital Mgmt., commented regarding Foothills Crossing, a total of 11 parcels of which 5 were selected for rezoning, and provided a summary of their thoughts and responses on their actual correspondence. (The actual correspondence should be referred to for more details.) He looks forward to much more involvement going forward relative not only to Foothills Crossing Center, but all the surrounding properties affected by these suggested significant amendments. Anne McIntosh reiterated the point Mr. Bernard was trying to make at the end of his time. She said that the City has been informed by Foothills Crossing that it owns additional contiguous parcels that were not included in this inventory. Staff will be considering whether to include all of their holdings, per their written request to do so. Nicholas Ghirelli, Assistant City Attorney, explained the proposal he discussed with Mr. Hofer’s attorney involved reducing the minimum density to 24 and that is what is being proposed to you tonight, and there are also potentially opportunities to change parcels around given there are parcels out there to accommodate more density. Chair Oaxaca closed the public hearing. Vice Chair Dopp mentioned a concern that keeps coming back to the idea, hearing a lot from our elected officials, the idea of holding out and not thinking about the present term but thinking about the future. Looking at these dwelling units per acre and lowering the threshold for the development to occur, he does wonder if it shoots the process in the foot a little bit. He asked does staff want to take on at all. Jennifer Nakamura answered there is some concern the market may not be where we would like it to be yet. It is a long, slow process. She said in some ways, this is a short term means to an end. At the same time, we also recognize we need to take a look at what do we want long term. For now, these are the standards. Further refinements may happen down the line. We want to make sure it actually can be implemented over time. Vice Chair Dopp stated as we move forward, if we have a vision and buying into that vision. There is a huge difference between 96 and 24. His concern is that maybe we are allowing a development to occur that maybe will hamper development as a whole; Civic Center Region or Victoria Gardens. He asked for something the City Council ponder onto the minutes and if it can be addressed in the staff report to discuss further with them. He agrees to move onto City Council at this time. Anne McIntosh mentioned we are not really setting a precedent, we are diminishing our commitment by lowering that minimum, it’s really a matter of moving this item forward at this time. Because this is a current decision and it’s something that would necessarily be for 8 years, we feel this is a reasonable thing to do at this time. The PlanRC General Plan when it comes forward may contain different standards. Commissioner Morales stated good comments from speakers tonight. He is glad they worked together with interested parties to lower the floor density range. Finally, we need this update to the housing element to meet the State’s requirements or we lose control and that is what is most important. Commissioner Williams concurs with Commissioner Morales and complimented Jennifer Nakamura’s staff report was easy to understand and was able to follow along all the moving pieces. It was very clear. She is in favor in recommending to City Council. HPC/PC Regular Minutes – August 11, 2021 Page 10 of 10 FINAL Commissioner Guglielmo stated it’s important to look at the big picture overall plan for the city and where we see ourselves in the next 10-20 years. Maintaining local control and discretion over development is very important. It looks like much of this is an up-zone, enhancing the marketing ability and flexibility for property owners to maximize values. It’s a great job and is in support. Chair Oaxaca stated what stands out to him is staff had everything ready to go and not having to scramble and start almost from scratch. In spite of some initial discomfort, an urgent need to make a quick decision, he feels comfortable after discussion tonight that everything was thought out. Motion by Commissioner Guglielmo, second by Commissioner Morales, to adopt Resolution 21-50, including the amendments recommended by staff. Motion carried unanimously, 5-0 vote. E. General Business - None F. Director Announcements Anne McIntosh mentioned there are a couple of items scheduled for the next PC meeting agenda in two weeks. G. Commission Announcements - None H. Adjournment Motion by Commissioner Guglielmo, second by Commissioner Morales to adjourn the meeting, motion carried unanimously, 5-0 vote. Meeting was adjourned at 9:18 p.m. Respectfully submitted, ________________________ Elizabeth Thornhill Executive Assistant, Planning Department Approved: HPC/PC Regular Meeting August 25, 2021.