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HomeMy WebLinkAbout1996/12/11 - Agenda Packet CITY OF RANCHO CUCAMONGA 'PLANNING COMMISSION AGENDA WEDNESDAY DECEMBER 11, 1996 7:00 PM Rancho Cucamonga Civic Center Council Chamber 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Roll Call Chairman Barker __ Vice Chairman McNiel __ Commissioner Bethel __ Commissioner Macias _ Commissioner Tolstoy __ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES November 13, 1996 Adjourned Meeting of November 13, 1996 IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. A. DISPOSITION OF CITY OWNED PROPERTY (JASPER STREET) ADJACENT TO LOT 22 OF TRACT 14072 - DIVERSIFIED PACIFIC HOMES - A request to find the quitclaiming of Jasper Street, ~ocated south of Highland Avenue, adjacent to Lot 22 of Tract 14072, in conformance with the General Plan. V. PUBLIC HEARINGS The followin~l items are public hear/ngs in which concemed individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please slain in after speaking. B. DEVELOPMENT CODE AMENDMENT 96-01 - CITY OF RANCHO .CUCAMONGA - A request to amend the antenna regulations in all zones to be consistent with Federal Communications Commission recent regulations. (Continued from November 13, 1996) (TO BE CONTINUED TO JANUARY 8, 1997) C. INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 96-04 - CITY OF RANCHO CUCAMONGA - A request to amend the antenna regulations in all zones to be consistent with Federal Communications Commission recent regulations. (Continued from November 13, 1996) (TO BE CONTINUED TO JANUARY 8, 1997) D. SUBAREA 18 SPECIFIC PLAN AMENDMENT 96-01 - CITY OF RANCHO CUCAMONGA - A request to amend the antenna regulations to be consistent with Federal Communications Commission recent regulations. (Continued from November 13, 1996) (TO BE CONTINUED TO JANUARY 8, 1997) E. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-21 o TEXACO - The development of a service station with a mini-market and a drive-thru for two fast food restaurants within a 2,862 square foot building on 1.15 acres of land, in the Mixed Use District of the Terra Vista Community Plan, located at the northeast corner of Foothill Boulevard and Elm Avenue - APN: 1077-421-42. Staff has prepared a Negative Declaration of environmental impacts for consideration. F. DEVELOPMENT CODE AMENDMENT 96-02 - CITY OF RANCHO CUCAMONGA - A request to add regulations prohibiting commercial parties within all residential zones and property used for residential purposes. G. DEVELOPMENT CODE AMENDMENT 96-04 - CITY OF RANCHO CUCAMONGA - A request to enact regulations for wireless communication facilities. Page 2 VI~ DIRECTOR'S REPORTS H. AMENDMENT TO UNIFORM SIGN PROGRAM # 119 - SIGNS AND - SERVICES - A request to amend the Foothill Marketplace Shopping Center Uniform Sign Program criteria to allow a secondary sign for Sport Chalet, a 36,000 square foot major tenant, located on the south side of Foothill Boulevard between Interstate 15 and Etiwanda Avenue - APN: 229-031-27 through 44. I. AMENDMENT TO UNIFORM SIGN PROGRAM # 119 DEPENDABLE BUSINESS SERVICES - A request to amend the Foothill Marketplace Shopping Center Uniform Sign Program criteda to allow a second color (white) for Hollywood Video, a 6,550 square foot intermediate pad tenant, located on the south side of Foothill Boulevard between Interstate 15 and Etiwanda Avenue APN: 229-031-27 through 44. J. DIRECTOR'S REPORT 96-03 - TEXACO - A request to determine if new sign regulations should be added to allow signs identifying sub tenants within a primary business. K. DIRECTOR'S REPORT 96-04 - LEWIS DEVELOPMENT CO. - A request to determine if architectural design guidelines should be developed for a proposed Mixed Use center (CUP 96-20) within the Terra Vista Community Plan, located on the north side of Foothill Boulevard between Elm and Milliken Avenues. L. USE DETERMINATION 96-03 ~ CITY OF RANCHO CUCAMONGA - A request to determine that Fast Food Restaurants are conditionally permitted in Office Park, Community Commercial, and Mixed Use (MFC) districts within the Terra Vista Community Plan. M. MILLER FAMILY & ASSOCIATES - A request to consider initiation of text changes to the Industrial Area Specific Plan to add Funeral and Crematory Services as a conditionally permitted use in Subarea 8. VII. PUBLIC COMMENTS This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. VIII. COMMISSION BUSINESS N. COMMERCIAL LAND USE STUDY DISCUSSION - (No report) Page 3 IX. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. I, Gall Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on December 5, 1996, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. / Page 4 VICINITY MAP :::::::::::::::::::::::::::::::::::::::::::::: ....... :-:.:.;.;.;.:.;-:.. :::::::':':<':': :i:i:!: | """' """' :::::::::::::::::::::::::::::::::::::::::::::::::::: I:::::: :::::::::::::::::::::::::::::::::::::::::::::::::: I:: ::::~::::::~ ~ I I I ~.~ , ~ CITY HALL CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Dan James, Senior Civil Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: DISPOSITION OF CITY OWNED PROPERTY (JASPER STREET] ADJACENT TO LOT 22 OF TRACT 14072 - DIVERSIFIED PACIFIC HOMES - A request to find the quitclaiming of Jasper Street, located south of Highland Avenue, adjacent to lot 22 of Tract 14072, in conformance with the General Plan - Tract No. 14072 BACKGROUND/ANALYSIS: On September 12, 1990, the Planning Commission adopted Resolution No. 90-115 and approved Tentative Tract Map No. 14072. Tract 14072 was recorded on September 6, 1996, with a 5-foot westerly strip of jasper Street quitclaimed and incorporated as part of lot 22. The remaining portion of Jasper Street, a strip of land 32 feet wide approximately 130 feet deep, deadending at the Route 30 freeway (future), with underlying utilities, was to be publicly landscaped as a condition of development of the tract. Jasper Street in this location was originally dedicated to the County of San Bernardino in fee simple. During final review and approval of the improvement plans staff was directed to work with the Developer, Diversified Pacific Homes, regarding the remaining portion of Jasper Street and the pubic landscaping thereof. Neither the City nor the Developer felt a strip of land, approximately 130 feet deep, located between residences was in the best interest of the City or the public. Since the City owns fee title to this portion of Jasper Street the solution was to quitclaim the property to the Developer, the Developer in turn granting an easement to the City for the underlying utilities, and then a lot merger with lot 22 of Tract 14072. The development of lot 22 will now occur with the strip of land incorporated within that development, maintained by the owner or future owner of said lot, with easement rights granted for the underlying storm drain and utilities. RECOMMENDATION: Staff recommends that the Planning Commission make the finding though minute action that the subject proposed quitclaim of Jasper Street, adjacent to lot 22 of Tract 14072, is in conformance with the General Plan. This finding will be forwarded to the City Council for further processing and disposition of the proper~y. Respectfully submitted, all James ~Z~ Senior Civil Engineer WJO:JAD AUachments: Vicinity Map (Exhibit 'A') Proposed portion of Jasper Street to be quitclaimed (Exhibit 'B') ITEI~ A Exhibit "A" VICINITY MAP HIGHLAND AVE. ~ 7~ ~ 4 ~2, i~I ~ HuN:rE~ ,~vg "~' I1 12 13 J IS 19 21 22 i::~t ,4 ,s ,6,7 2o I ' TRACT NO. 14072 PROPOSED RTE. 30 FRWY t AREA OF PROPOSED / VACATION CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Tract No. 14072 Quitclaim of Jasper Street '-, CITY OF RANCH0 CUCAMONGA ' STAFF REPORT DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: DEVELOPMENT CODE AMENDMENT 96-01 - CITY OF RANCHQ CUCAMONGA - A request to amend the antenna regulations in all zones to be consistent with Federal Communications Commission recent regulations. (Continued from October 9, 1996) INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 96-04 - CITY OF RANCHO CUCAMONGA - A request to amend the antenna regulations in all zones to be consistent with Federal Communications Commission recent regulations. (Continued from October 9, 1996) SUBAREA 18 SPECIFIC PLAN AMENDMENT 96-01 - CITY OF RANCHC) .CUCAMONGA o A request to amend the antenna regulations to be consistent with Federal Communications Commission recent regulations. (Continued from October 9, 1996) These items were continued from November 13, 1996. Staff recommends that they be continued to January 8, 1997, to allow additional time for the City Attorneys office and staff to revise the Ordinances. Respectfully submitted, Buller City Planner BB:DC/mlg ITEMS B~C&D CITY OF RANCH0 CUCA~MONGA ' ~ STAFF REPORT DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buffer, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-21 - TEXACO - The development of a service station with a mini-market and a drive-thru for two fast food restaurants within a 2,862 square foot building on 1.15 acres of land, in the Mixed Use District of the Tetra Vista Community Plan, located at the northeast corner of Foothill Boulevard and Elm Avenue - APN: 107742142. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoninq: North - Apartments, Medium High Residential District (14-24 dwelling units per acre) of the Terra Vista Community Plan. South - Vacant, Industrial Park District, Subarea 7 of the Industrial Area Specific Plan. East Partially developed with a medical center and partially vacant; Mixed Use District, Hospital and Related Facilities, Office (MHO) of the Terra Vista Community Plan. West Commercial center, Community Commercial District of the Terra Vista Community Plan B. General Plan Designations: Project Site - Mixed Use North - Medium High Residential South - Industrial Park East Mixed Use West Community Commercial C. Site Characteristics: The site is vacant. It is relatively flat. There is no significant vegetation on the site. The intersection of Foothill Boulevard and Elm Avenue is a gateway (Type III design similar to the northwest corner of Foothill Boulevard and Elm Avenue) to the Tetra Vista Community. ITEM E PLANNING COMMISSION STAFF REPORT CUP 96-21 - TEXACO December 11, 1996 Page 2 D. Parkinq Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Service Station N/A 3 3 Mini-market 1,794 1/250 7 7 Fast Food 1,064 1/75 1__4 1__4 TOTAL 24 24 ANALYSIS: A. Proposed Proiect: Texaco proposes to build a service station with a 2,862 square foot building for a mini-market and two quick service restaurants. About one-third of the building will be used for indoor dining and a drive-thru for fast food take-out service. The site is approximately 1.15 acres in size and is part of a 22-acre parcel bounded by Foothill Boulevard, Church Street, and Elm and Milliken Avenues. A related development concept for the 22-acre parcel. Terra Vista Commons, was submitted by the property owner, Lewis Development Co., under a separate Conditional Use Permit application. The proposed 22-acre development concept is to serve as a master plan for the site so that Texaco can proceed with the project, as required by the Development Code and the Drive-thru Policies. The master plan development concept will be reviewed by the Planning Commission at a later date. B. Desiqn Review Committee: The Committee (Commissioners McNiel, Macias, and Dan Coleman) reviewed the project on November 19, 1996, and recommended that the applicant revise the project design to address all design issues listed in the report of November 19. The applicant has worked with staff to revise and prepare plans that address the design issues. On December 3, 1996, the Committee reviewed the revised plan and recommended approval with further improvements. These improvements are listed below and as shown in Exhibit "B." 1. Provide decorative textured pavement for the handicap parking spaces in front of the main entry. 2. Enhance the north elevation with architectural elements and details such as, but not limited to. tile medallions, precast concrete trims, etc. Increase the width of the columns to be proportionate to the top of the building entry tower; consider using a darker shade of stucco color above the main entry storefront windows and heavy lumber size for the trellis, subject to City Planner review and approval. 3. Provide a minimum 6-inch depth to all recessed areas and a minimum of 2-inch metal tubes for the trellis work within the recessed area. Provide precast concrete trim around the recessed areas. PLANNING COMMISSION S"FAFF REPORT CUP 96-21 - TEXACO December 11, 1996 Page 3 4. Provide precast concrete material for all cornices. 5. Provide a concrete trim detail to the top of the tile paver base as transition to the stucco column. 6. Provide precast concrete caps to the screen walls along the drive-thru lane. Split- face material is acceptable for the side of the wall not subject to Foothill Boulevard view. Stucco the exterior side of the wall at the east elevation. 7. Repeat the same Iouver elements to the north side of the west and the south side of the east elevations (done). 8. Pop-out or furr-out the south side of the west elevation and provide a deeper recessed area for the metal trellis inset (done). 9. Provide a decorative end to the wood trellis (done). 10. Modify the roof access doors to be the same design as the Iouvers (done). 11. Shift the electrical room so that the doors are behind columns. 12. Shift the menu board to be behind columns and lower them so that they are not exposed to Foothill Boulevard view. 13. Enhance the south elevation with architectural elements and details, such as but are not limited to, tile medallions, precast concrete trims, additional recessed area with metal trellis, etc. The applicant agreed to the above improvements at the December 3, 1996, Design Review meeting. However, the applicant was not able to make all the changes and submit for staff review prior to the Commission meeting. These improvements have been placed as conditions of approval in the attached resolution. C. Technical Review Committee: The Committee reviewed the project and recommended approval subject to the conditions contained in the attached resolution. D. Environmental Assessment: Staff has completed an environmental review of the proposed project and determined that there will not be significant impact to the environment and a Negative Declaration is recommended as shown in Exhibit "1." FACTS FOR FINDING: The proposed project is consistent with the General Plan and the Terra Vista Community Plan. The design of the proposed project, together with the conditions of approval, meets the applicable provisions of the Development Code, the Terra Vista Community Plan and the Drive-thru Policies. The development of the project will not have a significant impact to the environment. PLANNING COMMISSION STAFF REPORT CUP 96-21 - TEXACO December 11, 1996 Page 4 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300 foot radius of the project site. RECOMMENDATION: Staff recommends approval of the Conditional Use Permit 96-21 through the adoption of the attached resolution with conditions. City Planner BB:NF:taa Attachments: Exhibit "A"' Site Utilization Map and Master Plan Development Concept Exhibit "B" DRC Action Comments - November 19 and December 3, 1996 Exhibit "C" Detailed Site Plan Exhibit "D" - Conceptual Grading Plan Exhibit "E" Conceptual Landscape Plan Exhibit "Fn Elevations Exhibit "G" Floor Plan Exhibit "H" Environmental Review, Part I and II Exhibit "1" Negative Declaration Resolution of Approval R glt3 l f /3f t gg.-~,~.~--' ............. DESIGN REVIEW COMMENTS 5:15 p.m. Nancy Fong November 19, 1996 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PER~MIT 96-21 - TEXACO - The development of a service station ~vith a mini-market and a drive-thru for two fast food restaurants x~thin a 6,104 square foot building on 1.15 acres of land, in the Mixed Use District of the Terra Vista Commtmity Plan, located at the noaheast comer of Foothill Boulevard and Elm Avenue - APN: 1077- 421-42. Design Parameters: The site is vacant. It is part of a 22-acre parcel bounded by Foothill Boulevard, Church Street, Elm and Milliken Avenues. The northeast comer of Foothill Boulevard and Elm Avenue ~vhere Texaco will be located is a gateway (Type III design similar to the northwest comer of Foothill Boulevard and Elm Avenue) to the Terra Vista Planned Community. A related development concept for the 22-acre parcel, Tetra Vista Commons, was submitted by the property ox~er, Lewis Development Co., under a separate Conditional Use Permit application. Representatives from Lewis Development Co. stated that except for Texaco they do not have tenants for the other buildings nor are they ready to develop the residential parcel. The proposed 22-acre development concept is to serve as a master plan for the site so that Texaco could proceed with the project, as required by the Drive-Thru Policies. The master plan development concept ~vill be reviewed by the Planning Commission at a later date. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Commirtee discussion regarding this project: 1. Since Texaco will be developed first, the building design would establish the architectural program for Terra Vista Commons. Therefore, it is important that the design exhibit a level of architectural treatment and detailing that matches Tetra Vista Tov,~q Center or Tow~n Center Square. This is not to say that the building design should follow the same architectural style as the two existing centers. 2. The building design does not meet the design guidelines for the drive-thru policies for the following reasons: a. The basic form and silhouette of the building are essentially a rectangular box with colormade attachments along portions of the drive-thru lane and a gable roof at the main building entry. b. The notch (front) elevation consists of one building plane punctuated by a gable roof. The size of this gable roof is massive and not in proportion to the horizontal part of the building. A smaller size roof tower at the main building entry and two other towers at the northeast and northwest sides of this elevation with a colonnade would provide vertical and horizontal variation to the building plane. The roof tower element should extend from the building entry to the south elevation and over the drive-thru lane. c. The south elevation is the back side of the building and it faces Foothill Boulevard. The elevation reads as one building plane because the design of the colormade that is over the drive-thru lane is similar to the building wall. Roof overhang, tower elements, storefront windows and other architectural elements should be added to provide articulation to the building mass and facade. d. The building design does not have sufficient articulation to the building surface because of a lack of architectural elements or material changes. DRC AGENDA CUP 96-21 - TEXACO November 19, 1996 Page 2 e. Provide architectural treatment to the west elevation by breaking up the building plane and surface with storefront windows, tower elements, columns, trellis work, etc. 3. Expand the width of the pedestrian walk~vay along the north elevation to allow for tree wells, textured pavement and pedestrian ameNties. Eliminate parking spaces at the main building entry, and treated with a textured pavement to create a formal entry statement. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: I. Expand the depth of the textured pavement at the project entry off Elm Avenue. Add textured pavement across drive aisles that lead to the service station. 2. Reduce the expanse of asphalt area at the northeast side of the site. 3. The finished gades for the building and the drive-thru lane are at least 3 feet higher than the street grades. The illustrative cross-sections do not show accurately that the drive-thru lane is screened from Foothill Boulevard view. Also, provide screening of the dfive-thru lane at the southwest side of the building. 4. Create a project entry statement by providing a 15-foot wide landscape planter along the north side of the main drive~vay. 5. Increase the size of the columns for the canopy over the pump islands. Policy Issues: The follo~ving items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. The applicant proposed one wall sign for "Starmart" and two secondary signs, "Q.S.R." on the north elevation and two graphic Texaco Iogos on the canopy for the pump island. The current Sign Ordinance allows only one wall sign per building elevation and no signs on the canopy. Staff has recommended to the applicant that this issue requires an amendment to the Sign Ordinance, which would need to be discussed at a full Planning Commission hearing. Once the applicant submits a letter requesting tier Commission discussion, staff would forward the item to the next available meeting for their review and direction. 2. The plant species, the density and the size of the plant materials ( trees, shrubs, groundcovers, etc.) ~vill be conditioned to comply with City's standards. Staff Recommendation: Staff recommends that the applicant submit revised development plans that address the above identi fled issues for Committee review. ¢__,:-/ DRC AGENDA CUP 96-21 - TEXACO November 19, 1996 Page 3 Design Review Committee Action Comments: Members Present: Rich Macias, Larry McNiel, Dan Coleman Staff Planner: Nancy Fong The Committee stated that the architectural style for this project within Terra Vista Commons could be different from Terra Vista Town Center or Town Center Square, but the quality of the building design and architectural detailing should not be lesser than the two mentioned centers. The Committee agreed xvith staff comments and recommended that the applicant revise the project design to address all the design issues listed in the report. The Committee stated that revised plans must be submitted for their review for the December 3 meeting. DESIGN REVIEW COMMENTS 6:35 p.m. Nancy Fong December 3, 1996 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERaMIT 96-21 - TEXACO - The development of a service station with a mini-market and a drive-thru for two fast food restaurants within a 6,104 square foot building on 1.15 acres of land, in the Mixed Use District of the Terra Vista Community Plan, located at the northeast corner ofFoothill Boulevard and Elm Avenue-APN: 1077- 421-42. The Committee requested to review the revised plans. Attached is the November 19, 1996 Action Comments for your reference. Plans will be available at the meeting for review. Attachment Design Revie~v Committee Action: Members Present: Rich Macias, Larry McNiel Staff Planner: Nancy Fong The Committee reviewed the revised plan submitted at the meeting and recommended approval of the project subject to the following improvements: 1. Provide decorative textured pavements for the handicap par'king spaces in front of the main entry. 2. Enhance the north elevation with architectural elements and details such as, but are not limited to tile medallions, pre-cast concrete trims, etc., increase the width of the columns to be proportionate to the top of the building entry tower, consider using a darker shade of stucco color above the main entry storefront windows, heavy lumber size for the trellis, subject to City Planner review and approval. 3. Provide a minimum of 6-inch depth to all recessed areas and a minimum of 2-inch metal tubes for the trellis work within the recessed area. Provide pre-cast concrete trim around the recessed areas. 4. Provide pre-cast concrete material for all cornices. 5. Provide a concrete trim detail to the top of the tile paver base as transition to the stucco column. 6. Provide pre-cast concrete caps to the screen walls along the drive-thru lane. Split-face material is acceptable for the side of the wall not subject to Foothill Boulevard view. Stucco the exterior side of the wall at the east elevation. 7. Repeat the same louver elements to the north side of the west elevation and the south side of the east elevation. 8. Pop-out or furr-out the south side of the west elevation and provide a deeper recessed area for the metal trellis inset. 9. Provide a decorative end to the wood trellis. 10. Modify the roof access doors to be the same design as the louvers. DRC COMMENTS CUP 96-21 - TEXACO December 3, 1996 Page 2 1 I. Shift the electrical room so that the doors are behind columns. 12. Shift the menu board to be behind columns and lo~ver them so that they are not exposed to Foothill Boulevard view. 13. Enhanced the south elevation with architectural elements and details such as, but are not limited to tile medallions, pre-cast concrete trims, additional recessed area with metal trellis, etc. -\0 ENVIRONMENTAL INFORMATION FORM (Part l - Initial Study) Planning Division The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City policies, ordinances, and guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. P/ease note that it is the responsibility Of the applicant to ensure that the applicaffon is complete at the ~Yne of submittal,' City staff will not be ava~able to peffen"n wed,< required to provide missing information. Application Number for the project to which this form pertains: ~. U. ?. ~ -- .2_1 i~X,~, ~- G' Name & Address of project owner(s): L_~''J\ $' ,,,3. Name & Address of developer or pmject sponsor T~ ~ Contact Pe~on a Add~ss: ~, ~,~ ~ ~ Name & Addles of pe~on preparing this fo~ (if different from above): Telephone Nu~nben Page 1 of 10 Information indicated by astedsk (') is nat required of non-construction CUP's unless othen~zise requested by staff. Provide a full scale (8-1/2 x I 1) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the s/to boundaries. 2) Provide a set of color photographs which show representative views into the site from the north, south, east and west; views into and from the site from the primary access points which serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. 3) ProjectLocation(describe): ;~?prz,~,x,-, ! A~ ~ ~ t',&~"'~G 4) Asseaaor's Parcel Numbers (attach additional sheet if necessary): '5) Gross Site Area (ac/sq. R.): '5) Net Site Area (total site size minus area of public streets & proposed dedications): 74 ,"l ' ' ~ 7) Describe any proposed genera/plan amendment or zone change which would affect the project site (affach additional sheet if necessary: 8) include a description of all permits which will be necessary from the City of Rancho Cucamonga and other go,;emmental agencies in order to folly implement t,be project.' Desc~be the physica~ se~ing af the site as it exists bef~m the pmject induding informati~n en top~gra~hy~ soi~ stabi~ity~ p~ants and animals, matum tees, trails and mad& drainage courses, and scenic aspects. Desc~be any e~isting stt~dcturas on site (including age and condition) and the use of the stmcturas. A~ach photographs of significant featues described. In addition, site aft sources of information (i.e., geological and/or hydrolcgic studies, hietic and archeological sunieys, trafi?c studies): ,,,j-~c, .'FodT~,I,,-L / ~Lr-q t,,JtTL4!,Q F".,~,.2'd T'z'---P'-zz-~ 10) Describe the known cultural and/or historical aspects of the site, Site all soumeg of informat,bn (books, published reports and oral history): 11) Describe any noise sources and their levels that now affect the site (aircra,zt.,, roadway noise, etc,) and how they will affect proposed uses; elf- 4/g6 ~:: '?C"") Page Sof 10 12] Descdbe the proposed project in dataft. This should provide an adequate description of the site in terms of ultimate use which will result from the prosed project. Indicate if there are proposed phases for develapmenL the extent of development to occur with each phase, and the anticipated completion of each incremenL A~ach additional sheet(s) if necessa,3z: / 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type Of land use (residential, commercial, etc.), intensity of land use (one-family. apartment houses. shops. department stores, etc.) and scale of development (height. frontage, setback, mar yarc'. etc.): --. / 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? e,t- age" 15) Indicate the type of short-term and long-term noise to be generated, including soume and amount. How will t, ffese noise levels affect adjacent properties and on-site uses. ~at methods of saund proo~ng are proposed? '16) Indicate proposed removals and/or replacements of mature or sconic trees: 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: Indicate expected amount of water usage. (See Attachment A for usage estimates). For fuRher clarification. please contact the Cucamonga Count'/WaterDistrict at 987-2591. a. Residential (gaYday) Peak use (gallDay) b, Commemial/lnd. (gal/day/ac) ~ Peak use (gallmin/ac) 19) Indicate proposed method of sewage disposal __ Septic Tank Sewer. If septic tanks am proposed, a~ach percolation tests, If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See A~achment A for usage estimates). For furlher clarification, please contact the Cucamonga Count'/Water District at 967-2591. a. Residential (gallday) RESIDENTIAL PROJECTS: 20) Number of residential units: Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: A~ached (indicate whether units are rental or for sale units): 21) Anticipated range of sale pdces and/or ce, nts: Sale Price(s) $ to $ Rent (per month) $ to $ 22) Specify number of bedrooms by unit type: 23) Indicate anticipated household size by unit type: 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown (n Attachment B: a. Elementary,' b. Junior High: c. Senior High COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Descdbe type of use(3) and majorfunction(s) of commercial, industrial or institutional uses.' ~,~ ~ L,.-- 25) Total ~oor area of commercial. industdal. or institutional uses by type: ~ ) c~, Lh 28) Numberof employees: Total,' Maximum Shift.' Time of Maximum Shift: zl~ L} Y~,~ , 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication af tl}e rate of hire for each classification (attach additional sheet if necessary): 30) Estimation of the number of workers to be hired that currently reside in the City,' ~ ~ ,,3 ~,,,'30'~,,,J kJ '31) For commercial and industrial uses only. indicate the source. type and amount of air pollution emissions. (Data should be verified through the South Coast Air Quafity Management Distn'ct, at (818) 572-fi283): ALL PROJECTS 32) Have the water. sewer. fire, and flood control agencies senzing the project been contacted to determine their abiliry :a provide adequate service to the proposed project? If so. please indicate their response. 33) In the known histar/ of this proper~y. has there been any use, storage. or discharge c/hazardous and/or toxic materials ? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances: pes~icides and herbicides; fuels. oils. solvents, and other ~ammable ~quids and gases. Also note underground storage af any of t,~e above, Please list the rootedsis arid describe their use, storage, and/or discharge on the property. as weft as the dates of use. if known. 34) W?II the proposed project involve the temporaP/ or long-term use. storage or discharge of hazardous and/or toxic reatedals. including but not limited to those examples listed above? If yes. provide an inventor/ of aft such materials to be used and proposed method of disposal The location of such uses. along with the storage and shipment areas. shall be shown and labeled an the application plans. I hereby cartit}, that the statements furnished above and in the a~ached exhibits present the data and infon'nation required for ade~uale evaluation of this proiect to the best of my ability. that the facts. statements. and information presented are true and cen'ecl tot he best of my knowledge and belleL I further understand that additional informa~jon may be zequired to be submi~ed baforeanadeuateevalua,ionea. bem. de y c cucamonga. Title: .. , oil - 4,'95 Page 8 of 10 ATTACHMENT A Water Usage Average use per day Residential Single Family 600 gallday ApfJCondo 400 gallday Commercial/Industrial General and Regional Commercial ' 3000 gal/day/ac Neighborhood Commercial 1500 gal/day/ac General Industrial 1500 gal/day/ac Industrial Park 3000 gal/day/ac Peak Usage For all uses Average use x 2.0 Sewer Flows Residential Single Family 270 gallday Apt/Condos 200 gal/day Commercial/Industrial General Commercial 2000 gallday/ac Neighborhood Commercial 100-1500 gal/day/ac General Industrial 2000 gal/day/ac Heavy industrial 3000 gaf/day/ac Source: Cucamonga County Water District Master Plan. 9/85 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0788 Central 9457 Foothill Boulevard Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 5959 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91752 (909) 988-8511 -ai~ - 4i'~5 .a.a=.:e 10 of 10 'I:\F[NALkPLNGCOMM~NVDOC\CUP96-2 PT2(Ju y 17, 1996) CITY OF RANCHO CUCAMONGA ENVIRONMENTAL CHECKLIST FOR VI INITIAL STUDY PART II BACKGROUND I) Project File #/Name: CUP 96-21 - Texaco 2) Related Files: CUP 96-20 - Lewis Development Co. - 22 acres Master Plan 3) Applicant: Texaco Refinin~ and MarketlnE Address: 3631 Harbor Boulevard, Santa Aria, CA 92704 Telephone #: 714-444-8692 4) Project Description: a service station with a 344-4 sq. ft. bldg. for a m ini-market & 2 quick service restaurants 5) Project Accepted as Complete (date): 11-7-96 ENVIRON~IENTAL INIPACTS Pursuant to Section 15063 of the California Environmental QualiLy Act Guidelines, an explanation is required for all "Yes" and "Maybe" answers on attached sheets, including a discussion of ways to mitigate the significant effects identified. Yes Maybe No I. EARTH - Will the proposal result in.' a) Unstable earth conditions or changes in the geologic structure7 ( ) ( ( X ) b) Disruptions, displacement, compaction, or over covering of the soil7 ( ) ( (X) c) Change in the topography or ground surface relief features7 ( ) ( (X) d) The destruction, covering, or modification of any unique geologic or physical features? ( ) ( (X) e) Any increase in wind or water erosion of soils, either on or off the site? ( ) ( (X) f ) Changes in deposition or erosion of beach sand, or changes in siltation, deposition, or erosion which may modi~' the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake7 ( ) ( ( X ) g) Exposure of people or property. to geologic hazards, such as earthquakes, landslides, mudslides, ground failure, or similar hazards? ( ) ( (X) II. AIR - Will the proposal result in: a) Substantial air emissions or deterioration of ambient air quality? ( ) (X) ( ) b) The creation of objectionable odors? ( ) (X) ( ) I c) AIteration of air movement moisture, or temperature, or any change in climate, either locally or regionally? ( ) ( ) (X) III. WATER - Will the proposal result in: a) Changes in currents, or the course of direction of water movements, in either marine or fresh waters? ( ) ( ) (X) b) Changes in the absorption rate, drainage patterns, or the rate and amount of surface runoff?. ( ) (X) ( ) c) Alterations to the course or flow of flood waters? ( ) ( ) (X) d) Changes in the amount of surface water in any body? ( ) ( ) (X) e) Discharge into surface waters, or in alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen, or turbidity? ( ) ( ) ( X ) f) Alteration of the direction or rate of flow of ground waters? ( ) ( ) (X) g) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ( ) ( ) (X) h) Substantial reduction in the amount of water other, vise available for public water supplies? ( ) ( ) (X) I) Exposure of people or property to water related hazards such as flooding or tidal waves? ( ) ( ) (X) PLANT LIFE - Will the proposal result in: a) Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? ( ) (X) b) Reduction in the number of any unique, rare, or endangered species ofplanu? ( ) (X) c) Introduction of new species of plants into an area or in a barrier to the normal replenishment of existing species? ( ) (X) d) Reduction in acreage of any agricultural crop? ( ) (X) V. ANI~M3. L LIFE - Will the proposal result in: a) Change in the diversity of species, or number of any species of animals (birds, Iand animals, including reptiles, fish, and shellfish benthic organisms or insects)? ( ) (X) b) Reduction of the number of any unique, rare, or endangered species of animals? ( ) () (X) c) Introduction of any new speci,'s of animals into the area or result in a barrier to the migration or movement of animals? ( ) ( ) (X) d) Deterioration to existing fish or wildlife habitat? ( ) ( ) (X) NOISE - Will the proposal result in: 2 a) increase in existing noise levels? ( ) ( ) (X) b) Exposure of people to severe noise levels? ( ) ( ) ( X2 VI. LIGHT .&ND GL:LRE - Will the proposal: a) Produce new light and glare? ( ) (X) ( ) VI2I/. Lz-~ND USE - Will the proposal result in.' a) Substantial alteration of the present or planned land use of an area? ( ) ( ) (X) LX. NATU]~AL RESOURCES - Will the proposal result in.' a) Increase in the rate of use of any natural resources? ( ) ( ) (X) X. RISK OF UPSET - Will the proposal involve: a) A risk of explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? ( ) (X) ( ) b) Possible interference with an emergency response plan or an emergency evacuation plan? ( ) ( ) (X) XI. POPULATION - Will the proposal.' a) Alter the location, distribution, densit.'.', or gro~¢th rate of the human population of an area? ( ( ) (X) X/I. HOUS1GNG - Will the proposal.' a) Affect existing housing or create a demand for additional housing? ( ( ) (X) ,'till. TR.~NSPORTATION/C[RCULATION- Will the proposal result in: a) Generation of substantial additional vehicular movement7 ( ( (X) b) Effects on existing parking facilities or demand for new parking? ( ( ( X ) c) Substantial impact upon existing transportation systems? ( ( (X) d) Alterations to the present panems of circulation or movement of people and/or goods? ( ( (X) e) Alterations to waterborne, rail, or air traffic? ( ( (X) f) Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? ( ( (X) 3 ..'~Fv'. pUBLIC SERVICES- ~Vill the proposal hca'e an effect ~Coon. or resuk in a need for. new or altered government services in any of the following areas: a) Fire protection? ( ) ( ) (X) b) Police protection? ( ) ( ) (X) c) Schools? ( ) ( ) (X) d) Parks and other recreational facilities? ( ) ( ) (X) e) Maintenance of public facilities, including roads? ( ) ( ) (X) f) Other governmental services? ( ) ( ) (X) XV. ENERGY - Will the proposal result in: a) Use of substantial amounts of fuel or energy? ( ) ( ) (X) b) Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? ( ) ( ) (X) XVI. UTILITIES and SERVICE SYSTE~IS - Will the proposal result in a need for new systems or substantial alterations ,'o the following utilities: a) Power or natural gas? ( ) ( ) (X) b) Communications systems? ( ) ( ) (X) c) Water? ( ( ) ( X ) d) Sewer or septic tanks? ( ( ( X ) e) Storm :vater drainage? ( ( (X) f) Solid waste disposal? ( ( (X) XVII. HU..~L-~N HEALTH - Will the proposal result in: a) Creation of any health hazard or potential health hazard (excluding mental health)? ( ( (X) b) Exposure of people to potential health hazards? ( (X) XVIII. AESTHETICS - ~Vill the proposal result in.' a) The obstruction of any scenic vista or view open to the public? ( (X) b) Creation of an aesthetically offensive site open to public view? ( (X) XLX. RECREATION - ~Vill the proposal result in: a) Impact upon th~ quality of existing recreational opportunities? ( ( X ) b) Restrict the religious or sacred uses within the potential impact area? ( ( ) (X) 4 ..'~,X. CULTUR.-tL RESOURCES - ~,~'ill the proposal: a) Result in the alteration of or the destruction of a prehistoric or historic archeological site? ( ) ( ) ( X ) b) Result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object7 ( ) ( ) (X) c) Have the potential to cause a physical chang~ which would affect unique ethnic cultural values7 ( ) ( ) ( X ) .TLXI. ~L-tNDATORY FE'~qE)ENGS OF SIGNEFIC.~NCE - a) Potential to degrade: Does the project have the potential to degrade the quality, of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory? ( ) ( ) ( X ) b) Short term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time. Long-term impacts will endure well into the future.) ( ) ( ) (X) c) Cumulative: Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant.) ( ) ( ) ( X ) d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly7 () () (X) ."CXII. DISCUSSION OF EN'YIRON,.'~ISENTAL EVALUATION CNarrative description of environmental impacts) - II. Air (a) & (b) - This type of business is regulated by and required to obtain permits from Air Qualit,.' Management District (AQMD) and must meet state and federal standards for emissions of gas, fumes, odors, etc. [II. Water (b), (c), & (i) - The development of the project will increase the amount of paved surface area which could result in an increase in the amount of surface water runoffand a decrease in the absorption rates. However, all runoffwill be conveyed to approved drainage facilities which have been designed to handle the flows. The project will not alter the course or flow of flood waters. There are no special flood hazard areas within or near the project site. IV. Plant Life (a) - The development of the project will add a diversity of plant species based on City's landscape requirements. VII. Light and Glare - The development of the project will require lighting the buildings, the driveways, the pump islands and the parking areas, which could produce light and glare. Cit}"s codes require a maximum height of 15 feet for the light poles and shields within the light fixtures, which would minimize the light and glare. XIII. Transportation (a), (c), (d), & (f') - The project will not generate substantial additional movement. The proposal is consistent with the Foothill Boulevard Specific Plan and the General Plan for which the street widths were evaluated at a build-out condition. The project will be required to install frontage street improvements in their ultimate configuration, per City Ordinance, and to pay Transportation Development Fees. The project will maintain the existing circulation patterns. All new development increase the risk of traffic hazards. Driveways have been spaced to provide the maximum safety available and pedestrian amenities (sidewalks) will be installed as part of the project. The impact is not significant. X. Risk of Upset - This type of business is regulated by and required to obtain permits from AQMD and must meet state and federal standards for air emissions, and public safety standards. XVI. Utilities and Services Systems (e) - The project will not result in a need for new public storm drains or substantial alterations to the master plan of storm drainage. XXIII. DISCUSSION OF LAND USE IMPACTS (Examine whether the project would be consistent with existing zoning, plans, and other applicable land use controls) - The development of the project is consistent with the General Plan, the Development Code and the Tetra Vista Community Plan. XXIV. EARLEER ANALYSES - Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this lnitiaI Study and are available for review in the City ofRancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): X General Plan EIR X Master Environmental Assessment for the 1989 Update of the General Plan __ Industrial Area Specific Plan EIR Victoria Planned Community EIR X Tetra Vista Planned Community EIR __ Foothill Boulevard Specific Plan EIR __ Etiwanda North Specific Plan EIR __ Other: Other: XXV. DETERM]hNATION - On the basis of this initial evaluation: a) I find that the proposed project could not have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared ...........................................................................( X ) b) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures described on the artached sheets have been added to the project. A NEGATIVE DECLARATION will be prepared ..........................................................................( ) 6 iT fi/ , c) I find that the proposed project ram,.' have a significant effect on the environment. ~' , !'! ~ , : ACT ZEPOR. T is required ............................................................... Pl Print Name and Title Date XXVI. APPLIC.~NT CEi>,TI2FICATION (To be completed by applicant) - [ certify. that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or itigate the effects to a point where clearly no significant environmental u Date: Print Name and Title: ~*/-,~tc/'/4'''ZD '~"t"/* / / City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: CUP 96-21 Public Review Period Closes: December 11, 1996 Project Name: Project Applicant: Texaco Refining and Marketing, Inc. Project Location (also see attached map): Northeast corner of Foothill Boulevard and Elm Avenue - APN: 1077-421-42 Project Description: The development of a service station with a mini-market and a drive-thru for two fast food restaurants within a 2,862 square foot building on 1.15 acres of [and, in the Mixed Use District of the Terra V~sta Community Plan. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: [] The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. [] The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Nega'dve Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. December 11, 1996 Date of Determination Adopted By EXHIBIT "1" RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 96-21 FOR THE DEVELOPMENT OF A SERVICE STATION WITH A MINI-MARKET AND A DRIVE-THRU FOR TWO FAST FOOD RESTAURANTS WITHIN A 2,862 SQUARE FOOT BUILDING ON 1.15 ACRES OF LAND, IN THE MIXED USE DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT-THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ELM AVENUE. AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-42. A. Recitals. 1. Texaco has filed an application for the issuance of Conditional Use Permit No. 96-21, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 1 lth day of December 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, deten"nined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the fac~s set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on December 11, 1996, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to properly located at the northeast corner of Foothill Boulevard and Elm Avenue with a street frontage of 441 feet and a lot depth of 279 feet, and is presently unimproved. b. The property to the north is apartments, the properties to the south and west are vacant, the property to the east is a commercial center. c. The proposed use is consistent with the General Plan and the Terra Vista Community Plan. d. The design of the proposed project, together with the conditions of approval meet all applicable provisions of the Development Code, Terra Vista Community Plan, and the Drive*thru Policies. e. The development of the proposed project would not have a significant impact to the environment. E,-'bL9 PLANNING COMMISSION RESOLUTION NO+ CUP 96-21 - TEXACO December 11, 1996 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set fodh in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Tetra Vista Community Plan, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code and the Terra Vista Community Plan. 4. Based upon the facts and information contained in the proposed Negative Declaration, · together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753L5(0) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildFire resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannina Division 1) The approval is for a service station with a 2,862 square foot building including a mini-market and two fast food restaurants with a drive-thru. 2) This approval does not include the related 22-acre master plan development concept. 3) Provide tenured pavement at the project entry and across drive aisles. Acceptable textured materials are interlocking brick pavers, medium to heavy exposed aggregate, integral colored patterned concrete, or a PLANNING COMMISSION RESOLUTION NO. CUP 96-21 - TEXACO December 11, 1996 Page 3 combination of them. Provide concrete banding to separate textured pavement from asphalt and/or to divide the drive lanes. Final design subject to City Planner review and approval pdor to issuance of building permits. 4) Place public phones, newspaper racks, rending machines, and similar types of coin-operated products inside the building or in a location acceptable and approved by the City Planner, prior to issuance of permits and prior to installations. Placement of this type of equipment, product or services not in a location approved by the City Planner shall be required to be removed at the owners expense. 5) Install a security camera of a type and number approved by the City Manager or his designee. Said camera must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras meeting the requirements of this section shall be maintained in a proper working order at all times and shall be subjected to periodic inspection by the City Manager or his designee. 6) Light fixtures shall not project below the gas pump canopy. 7) The final design of the northeast side of the site and beyond the future east property fine is subjected to City Planner review and approval prior to issuance of permits. 8) Submit the final design for a Type III gateway at the intersection of Foothill Boulevard and Elm Avenue fo~' City Planner review and approval pdor to issuance of building permits. Install the gateway prior to release of occupancy. 9) The design of the transition, including pedestrian walkways, decorative open fencing, etc., from the landscape planters and the asphalt drives to the unimproved land east and north of the project site is subject to City Planner review and approval. 10) Provide decorative te>dured pavement for the handicap parking spaces in front of the main entry. 11) Enhance the north elevation with architectural elements and details such as, but not limited to, tile medallions, precast concrete trims, etc.; increase the width of the columns to be propodionate to the top of the building entry tower, consider using a darker shade of stucco color above the main entry storefront windows and heavy lumber size for the trellis, subject to City Planner review and approval. 12) Provide a minimum of 6-inch depth to all recessed areas and a minimum of 2-inch metal tubes for the trellis work within the recessed area. Provide precast concrete trim around the recessed areas. 13) Provide precast concrete material for all cornice elements. PLANNING COMMISSION RESOLUTION NO. CUP 96-21 - TEXACO December 11 1996 Page 4 14) Provide a concrete trim detail to the top of the tile paver base as transition to the stucco column. 15) Provide precast concrete caps to the screen walls along the drive-thru lane. Split-face material is acceptable for the side of the wall not subject to Foothill Boulevard view. Provide a non-tool joint or sack finish for the split face materials. Stucco the exterior side of the wall at the east elevation. 16) Repeat the same Iouver elements to the north side of the west and the south side of the east elevations. 17) Pop-out or furr-out the south side of the west elevation and provide a deeper recessed area for the metal trellis inset. 18) Provide a decorative end to the wood trellis. 19) Modify the roof access doors to be the same design as the Iouvers. 20) Shift the electrical room so that the doors are behind columns. 21 ) Shift the menu board to be behind columns and lower them so that they are not exposed to Foothill Boulevard view. 22) Enhance the south elevation with architectural elements and details such as, but not limited to, tile medallions, precast concrete trims, additional recessed area with metal trellis, etc. 23) Increase the size of the columns for the canopy over the pumps, subject to City Planner review and approval. 24) Provide a 6-inch concrete curb at the base of the tile paver columns for the ones adjacent to high pedestrian traffic, such as along the north elevations. 25) Submit detailed color and material samples for City Planner review and approval prior to issuance of building permits. 26) Submit revised elevations that incorporate the above conditions of approval for City Planner review and approval prior to plan check. 27) Provide a 15-foot minimum width landscape planter along the north side of the project entry driveway. Provide special landscape design for the project entry to the satisfaction of the City Planner. 28) Instead of the two planter boxes in front of the recessed element at the west side of the south elevation, provide a raised planter wall that wraps around the west side. Use tile pavers for the wall finishes with a decorative cap. PLANNING COMMISSION RESOLUTION NO. CUP 96-21 - TEXACO December 11, 1996 Page 5 29) The plant species, the densities, and the sizes of the plant materials. i.e., trees, shrubs and ground covers, etc., shall be consistent with the established centers of Tetra Vista Town Center and Town Center Square. 30) Submit a uniform design theme for street furniture items such as trash receptacles, urns, exterior wall and parking lot light fixtures, bike racks, etc., for City Planner review and approval prior to issuance of building permits. 31) Plot the location of the proposed storm drain on the Landscape Plan. Consider relocating the private storm drains away from the Foothill Boulevard frontage east of this pad on the master plan, CUP 96-20, to reduce further limitations on the frontage landscaping. Encfineerincl Division 1) Manholes shall be provided at each junction between public and private storm drain systems. Provide appropriate easements wherever public storm drains cross private properly and obtain an encroachment agreement to place private facilities within public rights-of-way. 2) Elm Avenue driveway shall align with the existing driveway on the west side of the street. 3) Ddveway accent paving shall be located outside the public right of way. 4) Street tree species and spacing on the east side of Elm Avenue shall mirror the existing treatment on the west side, to the satisfaction of the City Engineer. 5) Install a traffic signal at the intersection of Church Street and East Elm Avenue. Signal plans shall be approved by the City Engineer, security shall be posted, and an agreement executed to the satisfaction of the City Engineer and City Attorney guaranteeing completion of the public improvements, prior to the issuance of building permits. The signal shall be operational prior to occupancy. 6) If a lot line adjustment or 2-lot parcel map is processed prior to the issuance of building permits, the extent of frontage improvements will be limited to the perimeter of the proposed site plan, as shown. Otherwise, improvements shall encompass all existing parcel frontages. Reciprocal access easements shall be provided when the lot lines are relocated. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER 1996. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. CUP 96-21 - TEXACO December 11, 1996 Page 6 BY: E. David Barker, Chairman ATTEST: Brad Buffer, Secretary I, Brad Buller. Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby cedify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 11 th day of December 1996, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: CUP 96-21 SUBJECT: Service Station, Mini-market, and 2 Quick Service Restaurants APPLICANT: Texaco Refining and Marketing, Inc. LOCATION: Northeast corner of Foothill Boulevard and Elm Avenue ALL OF THE F-O, LL_OW/NG~';CO_ND~TI~ONS AP_PL Y~T,O_Y.O_U_~,PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Time Limits completion Date 1. Approval shall expire, unless extended by the Planning Commission, if building permits are not / issued or approved use has not commenced within 24 months from the date of approval. 2. Prior to recordation of the final map or prior to the issuance of building permits when no map is / involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2.Pdor to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 1 .Project No, CUP g6-21 Completion Date 4. Revised site plans and building elevations incorporating all Conditions of Appreva~ shall be __/ submitted for City Planner review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / consistency prior to issuance of any permits (such as grading, tree removal, encroachment building, etc.) or prior to final map approval in the case of a custom lot subdivision. or approved use has commenced. whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code / all other applicable City Ordinances, and appficable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved I: by the City Planner and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. 10.All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 11. All parkways, open areas, and landscaping shall be permanently maintained by the propert,/ owner. C. Building Design 1. All roof appurtenances. including air conditionors and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 2.All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 3. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. 1. Project No, CUP 96-21 Completion Date 4. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects or more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. E. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in this case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 20 % of trees planted within the project shall be specimen size trees - 24-inch box or larger. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for even/three parking stalls. sufficient to shade 50% of the parking area at solar noon on August 21. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 5. All private slopes in 5 feet or less in vertical height and of 5:1 or greater slope. but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting required by this section shall include a permanent irrigation system to be insta[ied by the developer prior to occupancy. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. if_ of slope area. Trees and shrubs shall be planted in staggered clusters to soften and van/slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. Pmperb/owners are responsible for the continual maintenance of a[I landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased. or decaying plant material shall be replaced within 30 days from the date of damage. 8. The final design of the perimeter parkways. walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 1 .Pr~iect No, CUP 96-21 Completion Date 9. Special landscape features such as mounding, alluvial rock. specimen size trees, meandering __/ sidewalks (with horizontal change). and intensified landscaping, is required along Foothill Boulevard. 10. Landscaping and irdgation systems required to be installed within the public right-of-way on the __/ perimeter of this project area shall be continuously maintained by the developer. 11. All walls shall be provided with decorative treatment, If located in public maintenance areas. the / design shall be coordinated with the Engineering Division. 12. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. F. Signs 1, The signs indicated on the submitted plans are conceptual only and not a part of this approval. / Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval prior to issuance of building permits. G. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code. Uniform Plumbing Code, National Electric Code. and all other applicable codes. ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. I. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. The final grading plans shall be completed and approved prior to issuance of building permits. 4 1 .Proiect NO. CUP 96-21 CornDletion Date IAPPLICANTSHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J, Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. K, Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Curb & A.C. Side* Drive Street Street Comm Median Bike Other Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Foothill Boulevard c X f Elm Avenue X X X f Chuch Street X X X e,f Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per STD. 114. (d) if so marked, an in-lieu of construction fee shall be provided for this item. (e) install bus bay on south side of Church Street east of Elm Avenue per STD. 119. (f) Subiect to Special Conditions. 2. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in pubtic right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. d. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. 3. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 4. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 1 .Project NO, CUP 96-21 Completion Date 5. A permit shall be obtained from Caltrans for any work within the following right-of-way: Foothill Boulevard . L. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan: Foothill Boulevard Specific Plan. M. Drainage and Flood Control 1. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. N. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. 2. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water Distdct (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. General Fire Protection Conditions 1. Mello-Roos Community Facilities District requirements shall apply to this project. 2. Fire flow requirement shall be 3,500 gallons per minute. a. A fire flow shall be conducted by the builde~developer and witnessed by fire department personnel prior to water plan approval. b. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the buildeddeveloper and witnessed by the fire department personnel after construction and prior to occupancy. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed and operable prior to delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 4. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, if any, will be determined by the Fire District. Fire District standards require a 6" riser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. , 1 .Project NO, CUP 96-21 Completion Date 5. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final / inspection. 6. An automatic fire extinguishing system(s) will be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15./__ Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing, spray painting, ~ammable liquids storage, high piled stock, etc. Contact the Fire Safety Division to determine if sprinkler system is adequate for proposed operations. 7. A fire alarm system(s) shall be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15. ___/__ 8. Roadways within project shall comply with the Fire District's fire lane standards, as noted: X All roadways. __ __/__ 9. Fire department access shall be amended to facilitate emergency apparatus. __ __/__ 10. Emergency access, a minimum of 26 feet wide, shall be provided, and maintained free and clear __ __/__ of obstructions at all times, during construction in accordance with Fire District requirements. 11. All trees and shrubs planted in any median shall be kept trimmed a minimum of 14'6" from ground __ __ l__ up so as not to impede fire apparatus. 12. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall __ __/__ be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 13. A tenant use letter shall be submitted prior to final building plan approval. Contact the Fire Safety __ __/__ Division for the proper form letter. 14. Plan check fees in the amount of S. 0 have been paid. An additional S. 625 shall be paid: X Prior to final plan approval / /__ Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 15. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, / / UPC, UMC, NEC, and RCFD Standards 22 and 15. P. Special Permits 1. Special permits may be required, depending on intended use and as noted below: __/ / a. General Use Permit shall be required for any activity or operation not specifically described __/ / below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or property. SC - 10/~6 7 1 .Proiect NO, CUP 96-21 Completion Date APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2900, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Q. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. / 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with / direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. ! R. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on arl entrance doors. If windows are within / 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 2. All roof openings giving access to the building shall be secured with either iron bars, metal gates. __ __/__ or alarmed. S. Windows 1. Store front windows shall be visible to passing pedestrians and traffic. T. Building Numbering 1.Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibiliW. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be a minimum of three feet in [ength and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. U. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. CITY OF RANCHO CUCAIVIONGA -- STAFF REPORT DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: DEVELOPMENT CODE AMENDMENT 96-02 - CITY OF RANCHO CUCAMONGA - A request to add regulations prohibiting commercial parties within all residential zones and property used for residential purposes. BACKGROUND: "Flyer Parties," where a flyer is distributed advertising a party for which an admission charge is required, are becoming more common in some communities. These parties are typically held on residential property and c~n attract several hundred party goers. As a result, these parties are a nuisance for neighbors and often result in the need for police response to address noise, trash, parking, fighting, drunken behavior, and property damage. The City Council recently adopted an Ordinance which allows the City to require the host to pay a civil penalty associated with two or more police responses to a loud pady or other disturbance within a 24-hour period. ANALYSIS: The City Attorney's office has drafted an Ordinance which would prohibit commercial parties (i.e., admission charged) within all residential zones. The Ordinance defines a "party" as three or more persons for social, recreational, or amusement purposes. The Ordinance does not regulate potluck dinners or donations for church carnivals or other political, community service, charitable, or religious purposes. "Admission charge" would not include customary courtesies, voluntary sharing of expenses for meals, or gifts by guests. This item was referred to the City Councirs Public Safety Subcommittee (Curatalo and Gutierrez) for discussion. After receiving the draft Ordinance, the Subcommittee then referred it to the Planning Commission and back to the full City Council with their endorsement. The Ordinance is a pro-active tool that we can use to discourage commercial parties from occurring. ENVIRONMENTAL ASSESSMENT: The amendment is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3). CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. ITEM F PLANNING COMMISSION STAFF REPORT DCA 96-02 - CITY OF RANCHO CUCAMONGA December 11, 1996 Page 2 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval to the City Council. City Planner BB:DC:mlg Attachments: Resolution Recommending Approval Ordinance ' RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 96-02, PROHIBITING COMMERCIAL PARTIES IN RESIDENTIAL ZONES, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for the amendment described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 11th day of December 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set fodh in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on December 11, 1996, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendments will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set fodh in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the distdct in a manner consistent with the General Plan and with related development; and b. The amendment promotes the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. PLANNING COMMISSION RESOLUTION NO. DCA 96-02 - CITY OF RANCHO CUCAMONGA December 11, 1996 Page 2 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment and, therefore, the proposed amendments are exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, lhis Commission hereby recommends approval of Development Code Amendment No. 96-02 as shown in the Ordinance attached hereto as Exhibit "A." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER 1996. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 11 th day of December 1996, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ORDINANCENO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADDING A NEW SECTION 17.02.600 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING COMMERCIAL PARTIES IN RESIDENTIAL ZONES AND UPON PROPERTY UTILIZED FOR RESIDENTIAL USES (NONCONFORMING USE). A. Recitals. 1. On December 11, 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed public hearing with respect to the above-referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On , 1996, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed public hearing concerning the subject amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: Section 1. The City Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15061 (b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. Section 3. A new Section 17.02.600 hereby is added to Chapter 17.02 of the Rancho Cucamonga Municipal Code to read, in words and figures, as follows: 17.02.600Commercial Parties Prohibited in all Residential Zones and Prooerty used for Residential Purposes, A. Purpose and Intent. It is the purpose and intent of the City Council by the adoption of this section to prohibit parties conducted in a commercial manner within all residential zones and upon any property within the City actually utilized for residential purposes not withstanding the zoning category thereof (nonconforming uses) in order to preserve the rights of residents to the quiet enjoyment of their property. CITY COUNCIL ORDINANCE NO. DCA 96-02 - CITY OF RANCHO CUCAMONGA Page 2 B. Definitions. For purposes of this section, the following words and phrases shall have the meanings set forth herein: 1. "Admission charge" means a tangible benefit, monetary or otherwise, which is expressly or implicitly required as a condition of admittance to a party. Customary courtesies and clearly noncommercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an "admission charge." "Admission charge" shall not include donations for political, community service, charitable, or religious purposes. 2. "Party" means three or more persons meeting together for social, recreational, or amusement purposes. C. Admission Charge Prohibited. No person or group of persons shall require, implicitly or expressly, any admission charge to any party conducted in any residential zone or upon any property within the City actually utilized for residential purposes notwithstanding the zoning category thereof (nonconforming USES). Section 4.. ' If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, sentences. clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. Section 5. Penalties for violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued. or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Ordinance. CITY COUNCIL ORDINANCE NO. DCA 96-02 - CITY OF RANCHO CUCAMONGA Page 3 Section 6. Civil Remedies Available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Section 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. CITY OF RANCHO CUCA/VlONGA -- STAFF ltF, PORT DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: DEVELOPMENT CODE AMENDMENT 96-04 - CITY OF RANCHO CUCAMONGA - A request to enact regulations for wireless communication facilities. BACKGROUND: Requests for installation of cellular and personal communication service antennas and related equipment have increased as telecommunication firms gear up to meet the increasing public demand for wireless telephones and wireless data transmission. The industry estimates that the customer base will grow to between 60 and 100 million customers served by as many as 100,000 wireless communication sites by the end of the decade. Traditional land use criteria is not adequate to address the unique characteristics of wireless communication facilities. The Federal Communications Commission (FCC) has adopted rules to the effect that cities may enact reasonable health, safety, and welfare regulations concerning such antennas and facilities, but may not flatly prohibit. or in any way discriminate against, such facilities. ANALYSIS: Wireless communications require a network of sites, each containing antennas, transmitters, and receivers. The antenna can be mounted on a freestanding monopole ranging from 60 to 150 feet tall, or it can be "co-located" on a building, signal pole, or utility tower. The City Attorney's office has drafted an Ordinance consistent with FCC rules. The Ordinance establishes an order of preference for locating wireless communication facilities ranging from co- location being most preferred to residential districts being least preferred. Minor wireless communication facilities~ would be subject to the Minor Development Review process. Major wireless communication facilities2 would be subject to the Conditional Use Permit process. Major wireless communication facilities are not permitted within 500 feet of any residence. The Ordinance requires removal of abandoned wireless communication facilities. ENVIRONMENTAL ASSESSMENT: The amendment is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b)(3). Minor Wireless Communication Facility is defined as building-, facade-, or wall-mounted, and does not exceed the height of the parapet wall or roof line. Includes roof-mounted facilities which are screened on all four sides and do not exceed height limit of the district. Major WIreless Communication Facility defined as ground- or roof-mounted or mounted in or on any public property including the public right-of-way. ITEN G PLANNING COMMISSION STAFF REPORT DCA 96-04 - CITY OF RANCHO CUCAMONGA December 11, 1996 Page 2 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution Recommending Approval of Development Code Amendment 96-04 to the City Council. City Planner BB:DC/jfs Attachments: Exhibit "A" - Daily Bulletin Article Exhibit "B" - Information Brochures Resolution Recommending Approval of DCA 96-04 Draft Ordinance ellular companies hide antennas in church steeples, ballparks Moscaritofo, BellAttantic's also has hidden green-paintel BOSTON -- Look] Up in the regional director of network engi- fiat antennas around the uppe~ everywhere from baflparks to saves us from a blight on the said Roy Moore, the compan~'s Washington's Mount Vernon There are about 22,000 cellular Findlngloftypfacesandhldidg ~he industry is being forced, Another 100,000 are expected to fun." said Mark Faris, vice pre~i- frankly due to strict zoning and be needed by the end of this dent for network engineering "! community concerns, to be more decade to satisfy the demand for operations at Cellular One. innovative in the way they cam- cellular service. It also lowers the cost to tile ou~age these towers." said Dun- Depending on the terrain. the companies. and the rent provides In the scenic coastal town of as little as a mile apart in with buildings to offer, Some Ipswich. BellAtlantic agreed to densely populated areas to six states are being pressed to lease build a replica of the damaged miles apart in rural sections. their highway signs to cellular 1859 steeple of the United Moth- Cellular One disguised a 100- operators and even the Postal inside. The town had turned Vernon, outside Washington, "It's easier for us... and down the compnny's original D.C. Inside the c~ty, the company ldso hotter for the clmxnxunit)".,'' The lighls above the left field wall at Fenway park in Boston not only serve to light the ballpark but also af~ used as cefiular telephone transmitter supports. Phone companies anxious to expand their cellular sqP/i~e without angering communities with unsightly transmission towers are hiding their antennas where thpy are less Likely to be seen. PACIFIC BELL Mobile Services WIRELESS COMMUNICATION The Evolution of Wireless Communication Today's rapidly growing wireless communications high power transminer with a service area covering a 50 industry had its genesis in the need to increase mile radius. public safety. In the 1920's, police departments in Detroit, Michigan and Tayonne, New Jersey, and the Cellular Technolog3' Evolves Connecticut State Police were among the first who sought to use in their patrol cars the technology that had In an effort to use the airwaves more efficiently, AT&T improved the safety of ocean-going vessels' engineers decided to stretch the limited number of radio radio/telephone service. frequencies available for mobile services by scattering multiple low-power transmitters throughout a But the technology to enable mobile communications metropolitan area, and "handing oft'" calls from services for public safety agencies was not yet available. wansmirter to uansmitter as customers moved around in Early radio/telephone systems could be housed on ships their vehicles. This new technique would allow more w th reasonable ease but were too large and unwieldy for customers access to the system simultaneously, and cars. Bumpy streets, tall buildings and uneven when more capacity was needed, the area served by landscapes prevented successful transmission of the each transmitter could be divided again. This was the radio/telephone signals on land. birth of cellular technology. Improving Transmission Quality The service was ahead of its time. It took twenty years to develop sophisticated call "hand-off" technology-- The technological breakthrough came in 1935, when handing off a call from cell to cell as the user drove Edwin Howard Armstrong unveiled his invention, along--and for the FCC to give tentative approval for Frequency Modulation (F'M), to improve radio cellular service to proceed. By the early 1970's, the broadcasting. This technology reduced the required bulk technological pieces of the cellular puzzle had fallen of radio equipment and improved transmission quality. into place. In 1973, Motorola introduced its revolutionary new DynaTae mobile phone, a The United States involvement in World War g created conveniently sized radio telephone set, In 1977, the an urgent need for FM technology to take the place of FCC authorized two experimental licenses--to AT&T Amplitude Modulations (AM) technology for higher in Chicago, and to Motorola and American Radio quality, two -way mobile radio communications on the Telephone Service, Inc. in the Baltimore/Vqashing~on, battlefield. The strategic value of wireless D.C. corridor. communications on the battlefield spurred companies like Motorola, AT&T and General Electfie to focus on Licensing Process Initiated refining mobile and portable communications. Motorola's FM Handier Talkie and Wailde Tailde riganed As these systems were put into place, the FCC began to prominently among the products developed during the consider granting commercial licenses to provide war~nd carded over into peace time use. cellular service. AT&T championed a single wireline market, while non-wireline companies argued for a Exploring the Commercial Potential competitive marketplace. Like Motorola and others in the communications In May 1981, the FCC announced that there would be business, AT&T recognized the commemial potential for two licensees in each market-a non wireline company car-based and portable communications. By 1946, (the so-called "A" side carrier) and a wireline company AT&T had created "improved Mobile Telephone (the "B" side carrier). Two licenses would serve each of Service" (ITS), the first mobile radio system to connect the 308 urban areas deemed metropolitan Statistical with the public telephone network. The company areas (MSA's) and each of the 428 Rural Service Areas received approval from the Federal Communications (RSA's). MSA's covered 75 percent of the population Commission (FCC) to operate the first commercial and 20 percent of the land mass, while RSA's covered public radio/telephone in St, Louis, Missouri, ITS, which °.25 pement of the population and 80 percent of the land quickly spread to 25 cities. ITS consisted of a single, mass. A Historical Perspective on the Evolution of Wireless Communication Page 1 PACIFIC BELL Mobile Services By the time the first commercial license was granted-- The initial auction of broadband PCS licenses to AT&T in Chicago on October 6, 1983--the FCC commenced on December 5, 1994 and ran through realized that "competitive hearings" were too slow, and March 13, 1995. It awarded 99 licenses in total and a new licensing process was needed to be found. It was gamered $7.7 billion in revenue for the United States taking ten to eighteen months of deliberations and more Treasury. This auction covered the 30 Mhz MTA than $1 million in costs to award a single license. licenses (A and B blocks). The licenses were granted to the auction winners on June 23, 1995 and the recipients The Lottery Approach made their final payments to the FCC on June 30. The new licensees will have until June 23, 2000 to meet the On October 18, 1983, the FCC announced in all markets first construction hurdle, one-third of the population in below the top thirty systems. The Commission then spent its license territory. the next six years fine tuning the lottery process, and by 1984. at least one city, Washing ton, DC--had two Additional auctions have been held by the FCC for competing cellular proriders. By 1990, construction other radio-based services, and more auctions will be permits had been issued for at least one system in every conducted to award broadband PCS licenses, e.g., for market in the United States. And by the end of 1990, small businesses and for the 10 Mhz licenses. long before most systems had come on-line, the cellular subscribers topped five million. Market Potential Competitive Bidding Subscribership broke the 10 million mark on November 23, 1992, and on February 22, 1995, the industry In August 1993, Congress authorized the FCC to announced its25thmillionthsubscriber. disseminate radio specu'um by using competitive bidding or auctions. This was a marked depatture from earlier By 1999, there will be over 122 million cellular subscribers in over 125 countries throughout the world. procedures whichemployedeithercomparativehearings North America's share of cellular subscribers will or lotteries to place licenses into the hands of the public. This change in public policy to some of the largest decrease to 33 percent while the Asia-Pacific region will auctions in business history; certainly unprecedented in replace Western Europe as the second largest regional market with 31 percent of total world subscribers. telecommunications. There will be approximately 45.9 million digital cellular While the FCC adopted auctions, it had to determine the subscribers, representing 27 percent of the world market structure forthe new broadband PCS indus~y. It cellular subscribers. chose to offer six licenses in total: three at 30 Mhz and three at 10 ME, two of the licenses covered MTAs and four RSAs. Finally, the Commission designated 20 Mhz for unliccnsed services. Most of the information in this axxicle is condengd from Bringing information to P~ople: Celebrating Wireless Decade. Published by CTI A, 1993. Malarkcy-Taylor Associates. Inc./Economic and Management ConSultants Intcrnatiooal, Inc. (MTA/EMCI). World Cellular Matkerr 1994. A Historical Perspective on the Evolution of Wireless Communication Page 2 PACIFIC [] BELL Mobile Services OPTIONS PAPER Permit Review Process Issue Sfatement: What is the appropriate level of local governmental review for wireless communications facilities? Definition · Depending on zoning designations, this process could result in a high concertwalton of facilities. As pan of their land use authority, localgovemmentsar¢ · Adequate zoning to accommodate facilities and the need responsible for reviewing and approving permits for to locate facilities in other areas could be an issue. wireless communications facilities. Although local governmentcannotprohibitthesitingofpublicutilities, ' Public concerns would be considered in developing "use under the police powers they can regulate land uses, by right" zones, but process does not allow for public including wireless communications facilities, in order to consideration thereafter. protect public health. safety and welfare. An important question local governments must address is the level of Instirate a single level, administrative review process review required for wireless facilities. all wireless communications fadlilies. · Process is generally shorter. more simplified. and less Background costly than the discretionary or public hearing process. Local governments identify two major issues related to the · Requires development of development standards to siting of wireless communications facilities: visual allow for systematic and uniform review and approval of impacts. and health and safety concerns. Some wireless applications. communications facilities and associated equipment may be considered an obtrusive use. While facility design can · No formal mechanism for public input conccrning minimize the visual impacts on the surrounding area, the facility siting on case*by-ease basis; public could provide inherent subjectivity of aesthetic determinations renders input. however, during adoption of standards. siting a sensitive issue. However, with new and smaller wiralesstechnologies, and with new ways of integrating · May not prnvidc adequate ~exibility to service wireless facilities into the design of the community, many providers. of the visual issues normally associated with wireless Establish a discretionary review process for wireless technologies may be fully mitigated. With respect to communication facilities applications. potential health issues, concern has been raised about the health effects of electromagn¢tic radiation emitted by · AIIowsforconsiderationoffacilitysitingonacase-by- communication towers, (see Safety Background Paper for a case basis. discussion of health studies as related to personal communications services (PCS)). · Public is provided with a formal process for raising concerns and expressing opinions. At the same time, the wireless communications industry is consumer-driven; as the demand for cellular services and · Process is lengthy and potemially more costly to new technologies such as PCS increases, so does the need applications. for additional facilities. To efficiently serve consumers, it is important for proriders to be able to efficiently establish Recommendation their networks and systems. Institute a two-level review process for wireless communications facilities that enables administrative Options and Implications processing of "minor" projects. and a public hearing process for "major" projects. Minor projects could be Establish a ministerial permitting process whereby defined as those projects which could be integrated into the wireless communications fadlilies are allowed by fight existing community design, and major projects as those in certain or all zones. projects which have the potential for significant visual · Ministerial permitting would expedite installation and impacts, or would be a potentially incompatible land use. development of the wireless communications network. Optians Paper: Permit Review t~oces~ ~ SeDternber 2C], 1995 G Page PACIFIC ~ BELL Mobile Services OPTIONS PAPER Co-Location · [ Issue Statement: Shouldproviders be required to "co-locate" wireless communications facilities on the same site? Definition Encourage the use of shared towers by simplifying approval process for co-location_ Technological advances in the wireless communications industry have resulted in greater consumer accessibility to Co--locating would occur where it makes business and wireless products and services. The increase in commercial technical sense to do so. communication towers and roof-mounted antennas is testament to the Fowing wireless communications market. Service providers have an incentive to co-locate As the number of wireless telephone subscribers increases. facilities. so does the need for additional facility capacity and coverage. The entrance of personal communications Promote clustering or combining multiple facilities in a services (PCS) into the marketplace will significantly add to relatively small area. facility requirements. To mitigate the visual impacts of these facilities, some local governments have consider~l Concentration of facilities may result in significant ' requirements for proriders to "co-locate" lheir facilities. visual impacts. · Reduces potential for conflicts among service Background providcrs. Unlike traditional telephone service, wireless Require providers to co-locate facilities unless the communications use radio frequencies to transmit calls. applicant demonstrates that existing towers cannot Whereas telephone lines can be placed underground, acconunodate additional facilities. wireless communications require antennas to receive and transmit radio signals. The concenu'ation ofequipmem may be perceived as a less obtrusive visual impact than dispersed facilities. As demand for wireless communications grows, and the industry evolves with different product type~, additional Some proriders may not want to co-locate because infrastructure is needed. facility placemen! and capacity are indicators of market Local governments are seeking innovative ways to reduce penetratmn m a given area. the land use and visual impacts that wireless May result in greater visual impacts as facilities are communications facilities pose in their communities. Co- loaded with the maximum number of antennas. location is an attempt to address the visual impact of wireless communications facilities by clustering multiple May limit ability of providers to expand capacay of providers in a general area or on a single site. facilities and consequently may indirectly promote The direct legal implications of co-location are not overdesign of initial facilities. addressed in federal or state statutes. However, because wireless communications facilities may require some Reconunendation discretionary permits. it is within local government authoyity in granting these permits to set reasonable project Cities should encourage providers to demonstrate a good requirements, including a condition for co-location. faith effort to share facilities and accommodate other users. Competitive interests may prevent multiple users from locating on the same tower or pole. Cities should encourage Options and Implications "clustering" of facilities (a form of co-location) on the same property/site where co-locating on the same tower/pole is Make city-owned infrastracmre available for oo- not feasible. location by wireless communications proriders. Cities can generate revenue by leasing space on existing facilities such as light poles and traffic signals. It is expected that PCS facilities can be accommodated by small antennas spaced sufficiently close together and will be suitable for placement on light poles along streets. However. not all wireless communications facilities may be accommodated in this manner. September20, 1995 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 96-04, PERTAINING TO THE REGULATION OF WIRELESS COMMUNICATION FACILITIES, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for the amendment described in the title of this Resolution. Hereinafier in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 1 lth day of December 1996, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to lhe adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Pad A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on December 11. 1996, including written and oral staff reports, together with public testimony, lhis Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development. within the district. in a manner consistent with the General Plan and with related development; and b. This amendment promote the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to propedies or improvements in the vicinity; and d. The subject application is consistent with the objectives the Development Code; and e. The proposed amendment is in conformance with the General Plan. PLANNING COMMISSION RESOLUTION NO. DCA 96-04 - CITY OF R.C. December 11, 1996 Page 2 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with cedainty that there is no possibili~' that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines. Section 15061 (b) (3). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development'Code Amendment No. 96-04 as shown in the Ordinance attached hereto as Exhibit "A." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER 1996. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby cedify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 1 lth day of December 1996, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF RANGHO CUCAMONGAI AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 17.26 THERETO AND ESTABLISHING REGULATION8 APPLICABLE TO WIRE/E88 COMMUNICATION8 FACILITIES. A. Recitals. 1. The City of Rancho Cucamonga is receiving applications to construct wireless communication facilities in the City of Rancho Cucamonga. Currently, the City lacks comprehensive regulations and standards applicable to such facilities. 2. Establishing regulations and standards applicable to construction and operation of wireless communication facilities will serve to reduce the potential for negative impacts on the community presented by such facilities. 3. Failure to implement wireless communications regulations will likely result in a substantial number of wireless communications facilities being installed without protective measures necessary to the public safety or welfare, and without standards necessary to the proper consideration of applications before the City. 4. The Planning Commission of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing concerning this Ordinance and has recommended adoption thereof. 5. The City Council of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance. 6. All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby find and ordain as follows: Section 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. Section 2: The provisions of this Ordinance set forth herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated thereunder and, further, said Council finds that it can be seen with certainty that there is no possibility that said provisions are therefore exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061 (b)(3) of Division 6 of Title 14 of the California Code of Regulations. Section 3: Title 17 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new Chapter 17.26 to read, in words and figures, as follows: CiTY COUNCIL ORDINANCE NO. DCA 96-04 - CITY OF R.C. Page 2 Chapter 17.26 WIRELESS COMMUNICATIONS FACILITIES Sections: 17.26.010 Purpose. 17.26.020 Definitions. 17.26.030 Development criteria for all wireless communications facilities. 17.26.040 Approval of minor wireless communications facilities. 17.26,050 Approval of major wireless communications facilities. 17.26.060 Height criteria for major wireless communications facilities. 17.26.070 Conditional use permit required. 17.26,080 Variance. 17.26.090 Revocation. 17.26.100 Abandonment. 17.26.010 Purpose. The purpose of these regulations and guidelines is to regulate the establishment of wireless communication facilities and thereby protect the public health, safety, general welfare, and quality of life in Rancho Cucamonga, while preserving the rights of wireless communications providers. The Rancho Cucamonga City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessar,/to attain these goals. These regulations are intended to supersede applicable provisions of the Rancho Cucamonga Development Code pertaining to communication facilities, and to establish flexible guidelines for the governance of wireless communication facilities which recognize the unique land use distribution, topography, and aesthetic characteristics of the City of Rancho Cucamonga. Wireless communications facilities are prohibited in the City of Rancho Cucamonga except as otherwise provided herein. 17.26.020 Definitions. Unless otherwise stated, the following definitions pertain to this Ordinance: "Antenna" means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes. "Building-Mounted" means mounted to the side of a building, to the. facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, or similar structure, but not to include the roof of any structure. CITY COUNCIL ORDINANCE NO. DCA 96-04 - CITY OF R.C. Page 3 "Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites. "Co-located" means the locating of wireless communications equipment from more than one provider on a single wireless communication facility. "Ground-Mounted" means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna. "Major Wireless Communication Facility" means a wireless communication facility that is ground- or roof-mounted or mounted in or on any public property including the public right-of-way. "Minor Wireless Communication Facility" means a wireless communication facility that is building-, facade-, or wall-mounted and does not exceed the height of the parapet wall or roof line of the building. A roof- mounted facility which is screened by a solid material on all four sides and does not exceed the maximum height of the district shall be considered a minor wireless communication facility. "Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. "Mounted" means attached or supported. "Personal Communication Service" means digital low-power, high- frequency commercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location. "Roof-Mounted" means mounted above the eave line of a building. "Stealth Facility" means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna. "Wireless Communication Facility" means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other retated equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a Certificate of Public Convenience and Necessity, or a Wireless Registration Number by the California Public Utilities Commission, or otherwise provides wireless communications services to the public. CiTY COUNCIL ORDINANCE NO. DCA 96-04 - CITY OF R.C. Page 4 17.26,030 Development criteria for all wireless communication facilities. A. Screening and Site Selection Guidelines. 1. Stealth facilities and concealed antennas are preferred. 2. Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the City Planner, or as otherwise required herein. 3. Ground-mounted wireless communication facilities shall be located only in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City. 4. Wireless communication facilities shall be located in the following order of preference: a. Co-located with other major wireless communication facilities. b. On existing structures such as buildings, communication towers, or utility facilities. c. On existing signal, power, light, or similar kinds of poles. d. In industrial districts. e. In commercial districts. f. In residential districts (minorwireless communications facilities only. 5. Major wireless communication facilities are not permitted to locate within 500 feet of any residential structure, within any residential district, or within 500 feet of any existing, legally established major wireless communication facility except when co-located on the same building, structure, or wireless facility. Forthe purposes ofthis section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility. CITY COUNCIL ORDINANCE NO. DCA 96-04 - CITY OF R.C. Page 5 B. Development Requirements. 1. As part of the application process, applicants for wireless communication facilities shall be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). 2. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. 3. All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the district in which the accessory equipment is located, subject to City approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. 4. Wireless communication facilities shall be subdued colors and non-reflective materials which blend with surrounding materials and colors. 5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building. 6: Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the City Planner establishing compliance with this subsection.. 17.26.040 ADoroyal of minor wireless communication facilities Minor wireless communication facilities shall be subject to approval by the City Planner pursuant to Section 17.06.020 Minor Development Review procedures of the Rancho Cucamonga Development Code. In considering applications for minor wireless communication facilities, the City Planner shall be guided by both the provisions of Section 17.06,020 and this Ordinance. However, in the event of any inconsistency in said standards, the provisions of this Ordinance shall govern. The decision of the City Planner shall be final unless appealed within 10 calendar days pursuant to Section 17.020.080 of the Rancho Cucamonga Development Code. 17.26.050 Approval of major wireless communication facilities Major wireless communication facilities shall be subject to approval by the Planning Commission. In considering applications for major wireless communications facilities, the Planning Commission shall be guided by the CITY COUNCIL ORDINANCE NO. DCA 96-04 - CITY OF R.C. Page 6 provisions of the Rancho Cucamonga Development Code and this Ordinance. However, in the event of any inconsistencies in said standards, the provisions of this Ordinance shall govern. The decision of the Planning Commission shall be final unless appealed in writing within 10 calendar days pursuant to Section 17.02.080 of the Rancho Cucamonga Development Code. 17.26.060 Heioht cdteria for maior wireless communications facilities No wireless communications facility shall exceed the maximum buifding height for the applicable district unless the facility is utilized by two or more wireless communication providers pursuant to a conditional use permit. The Planning Commission may consider approval of facilities proposed to exceed the maximum height limit subject to the review and approval of a conditional use permit application pursuant to Section 17.04.030 of the Rancho Cucamonga Development Code. 17.26.070 Conditional use permit required. Each major wireless communication facility for which an application is made during the term of this Ordinance must first receive final approval of a conditional use permit in accordance with Section 17.04.030 of the Rancho Cucamonga Development Code. As a condition of issuance of a conditional use permit for a facility utilizing the public fight-of-way, an applicant may be required to enter into a franchise agreement with the City. 17.26,080 Variance. Any person may apply for a variance as to the requirements set forth herein pursuant to Section 17.04.040 of the Rancho Cucamonga Development Code. 17.26.090 Revocation. Any approval granted pursuant to this Ordinance may, after notice and hearing, be terminated for violation of any provisions of this Ordinance or any other applicable laws, or for fraud or misrepresentation in the application process. 17.26,100 Abandonment. A. A wireless communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communication facility at said operators business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within 10 business day of the date of said notice, the operator appeals such determination, in writing. to the Planning Commission. The City Planner shall schedule a headng on the matter to be CITY COUNCIL ORDINANCE NO. DCA 96-04 - CITY OF R.C. Page 7 conducted before the Planning Commission at which time the operator may present any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final. C. Any wireless communications facility determined to be abandoned and not removed within the 30 day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this Ordinance, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law. Section 4: Except as provided herein, the provisions of this Ordinance shall preempt and supersede any and all inconsistent provisions contained in the Rancho Cucamonga Development Code. Section 5: A. All wireless communications facilities for which applications have been approved by the City and/or building permits have been issued on or prior to the adoption of this Ordinance shall be exempt from the regulations and guidelines contained herein, unless subsection B applies. B. All wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of this Ordinance, shall be required to comply with the regulations and guidelines contained herein. C. All wireless communication facilities for which submitted applications were determined complete by the Planning Department on or prior to the adoption date of this Ordinance shall be exempt from the regulations and guidelines contained herein. D. All wireless communication facilities for which applications were received by the Planning Department following the effective date of this Ordinance shall be required to comply with the regulations and guidelines contained herein. Section 6: Penalties for violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $1,000. or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall CITY COUNCIL ORDINANCE NO. DCA 96-04 - CITY OF R.C. Page 8 be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. Section 7: Civil remedies available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Section 8: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction. such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 9: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Steve Hayes, AICP, Associate Planner SUBJECT: AMENDMENT TO UNIFORM SIGN PROGRAM # 119 - SIGNS AND SERVICES - A request to amend the Foothill Marketplace Shopping Center Uniform Sign Program criteria to allow a secondary sign for Sport Chalet, a 36,000 square foot major tenant, located on the south side of Foothill Boulevard between Interstate 15 and Etiwanda Avenue - APN: 229-031-27 through 44. AMENDMENT TO UNIFORM SIGN PROGRAM # 119 - DEPENDABLE BUSINESS SERVICES - A request to amend the Foothill Marketplace Shopping Center Uniform Sign Program criteria to allow a second color (white) for Hollywood Video, an 6,550 square foot intermediate pad tenant, located on the south side of Foothill Boulevard between Interstate 15 and Etiwanda Avenue - APN: 229-031-27 through 44. BACKGROUND: On May 21, 1992, the Planning Commission approved the Uniform Sign Program for Foothill Marketplace. The Sign Program established a hierarchy of tenants and corresponding sign provisions. The Sign Program designates those tenants with over 75,000 square feet ( i.e. Price Club and Wal-Mart) as "Anchor" tenants and those tenants with 17,000 to 74,999 square feet as "Major" tenants (example: Sport Chalet). Separate criteria for intermediate tenants (10,000 to 16,999 square feet), pad tenants along Foothill Boulevard (example: Hollywood Video) and in-line tenants under 10,000 square feet are also included in the approved Uniform Sign Program. As part of the Regional Related Commercial designation, no sign regulations are put forth by the Sign Ordinance. The sign cdteria for regional centers is required to be reviewed and approved by the Planning Commission. Also. any amendments to the Uniform Sign Program are to be reviewed and approved by the Planning Commission. ANALYSIS: A. Part I (Sport Chalet) - The applicant is requesting that an additional permanent wall sign be allowed to be posted over the secondary entrance to the business for the "Sport Chalet Divers" business. Sport Chalet has a pool facility inside of their building and offers scuba diving classes and kayak lessons at hours that may be different from the primary retail business. For this reason, students of the classes use the secondary entrance east of the primary entrance and the applicant would like to make it easily identifiable to students where to enter the building by placing the "Sport Chalet Divers" sign over the secondary entrance. Please refer to the applicant's letter (see Exhibit "A") for further information regarding the request. ITEMS H & I PLANNING COMMISSION STAFF REPORT UNIFORM SIGN PROGRAM #119 December 11, 1996 Page 2 The approved Foothill Marketplace Uniform Sign Program allows "Major" tenants (i.e. Sport Chalet) to have a maximum of four signs (combination of wall and monument signs, excluding the freeway oriented pylon sign). Currently, Sport Chalet is identified by having three wall signs on the building, a space on the primary entry monument sign at the main vehicular access at Foothill Boulevard, and a slot on the freeway-oriented pylon sign. Technically, Sport Chalet already has the maximum number of signs that could be allowed under the provisions of the approved Sign Program. A wall sign already exists on the north elevation of the building, the same elevation that the applicant would like to place the "Sport Chalet Divers" sign (see Exhibit "C"). The current Sign Program allows only one sign per building face for "Major" tenants. Within the approved Foothill Marketplace Uniform Sign Program, "Anchor" tenants (Price Club and WaI-Mart) are allowed to have one secondary wall sign (example: Tire Center, Lube and Tune Express) on the same wall face as a wall identification sign, subject to review on a case-by-case basis by the City. These secondary signs are not specifically allowed outright without any discretionary review and only allowed where ample store frontage is available and where a secondary entry is provided. The sign (Sport Chalet Divers) proposed by the applicant could also be considered a secondary sign, for it advertises a specific service that is provided by the primary business. "Major" tenants, such as Sport Chalet, are not allowed to have secondary signage under the current Sign Program. On August 10, 1994, the Planning Commission reviewed a similar request pertaining to another "Major' tenant within the shopping center; Michaels. Their request was denied by the Planning Commission. However, their proposal differed from the request proposed by Sport Chalet in that their secondary signage was specifically to advertise products that were sold inside the business and Michaels does not have a secondary entrance into their facility. Staff feels that it would be appropriate in situations such as the one presented to the City by Sport Chalet that a secondary sign for "Sport Chalet Divers" is warranted and it would be appropriate to amend the approved Uniform Sign Program to allow one secondary sign for "Major" tenants subject to discretionary review by the City on a case-by-case basis. Even with the language incorporated into the Uniform Sign Program regarding the use of secondary signage for "Major" tenants, the City would still have authority to individually review such secondary signage for "Major" tenants on a case-by-case basis and approve or deny as deemed appropriate. The Planning Commission should be aware that staff has been attempting to work with the applicant and the owner of the shopping center on further screening of the roof-mounted mechanical equipment on Sport Chalet and removal of the sports figure graphics that were painted on the walls of the building. Sport Chalet was given temporary occupancy pending resolution of the roof screening situation. In the latest conversation on October 31, 1996, the owner asked staff to consider painting the roof equipment to match the exterior color of the building. As of the writing of this report, the painting had not yet occurred. In regards to the painting of the figurines, the Code Enforcement Division notified the Sport Chalet Company that the figudnes did not conform to the approved Sign Program for the Foothill Marketplace Shopping Center nor the City's Sign Ordinance. The figurines constitute a form of advertizing; hence, are defined as signs by the Sign Ordinance. PLANNING COMMISSION STAFF REPORT UNIFORM SIGN PROGRAM #119 December 11, 1996 Page 3 B. Part II - (Hollywood Videol - The second part of the Sign Program amendment request is specifically being requested by Hollywood Video, a recently approved pad tenant along Foothill Boulevard. The applicant is asking that a second letter color (white) be allowed for all pad tenants within Foothill Marketplace. Currently, red is the only letter color allowed for pad tenants. Hollywood Video is a nationally registered company and their trademark is the white Hollywood sign, identical in color, letter style, and format to the famous sign in the Hollywood hills. The Hollywood portion on the sign is approximately 80 percent of the proposed sign area. When the Planning Commission first reviewed the sign criteria for this shopping center, it was specifically noted that continuity in the signage for pad tenants along Foothill Boulevard would be essential. Since the developer felt it necessary to allow nationally registered companies to use their own letter and logo style, the element to ensure this continuity would be letter color. Currently, all four of the pad tenants in buildings along Foothill Boulevard have red letters. Some businesses (example: In N' Out Burger) have nationally recognized Iogos with different colors consistent with the national trademarks. However, these Iogos comprise a very small portion of the sign area, typically less than 10 percent. Staff determined that the "Hollywood" portion of the sign was much too large and was too high of percentage of the sign area to constitute a logo and that the letter color for the entire sign should be red, consistent with the approved Sign Program. It should be noted that Hollywood Video will be the fourth of the six pads to be developed along the Foothill Boulevard frontage; one more retail pad, similar in size to the Hollywood Video site, and a service station pad remain undeveloped. Since a majority of the pads along Foothill Boulevard are already developed and have signs with red letters, a precedent has been set for a sign with red letters. To alter from that precedent at this stage of development would be inconsistent with the goals and policies of the Planning Commission. Therefore, staff feels that in order to ensure consistency in signage for the street scene, given that a precedent has been established to have red letters be the element of consistency, the program should not be amended to allow a second color of signage for pad tenants. RECOMMENDATION: Staff recommends that the Planning Commission approve the request by Signs and Services to amend Uniform Sign Program No. 119 regarding secondary signage for major tenants but deny the request by Dependable Business Services to amend Uniform Sign Program No. 119 for adding a second possible color of signage for pad tenants along Foothill Boulevard through minute action. City Planner Attachments: Exhibit "A" - Letters from Applicants Exhibit "B" - Site Plan Exhibit "C" - Sport Chalet Signage Plans Exhibit "D" - Hollywood Video Signage Plans Attn: Steve Hayes, AICP Planning Department City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 RE: Signage for Sport Chalet Divers Minor Modification to a Planned Sign Program Site: Sport Chalet at Foothill Marketplace 12449 Foothill Blvd. Rancho Cucamonga, CA LETTER OF JUSTIFICATION Dear Mr. Hayes, We are requesting approval of a single set of interior illuminated channel letters 18" tall to read "SPORT CHALET DIVERS" with a logo 31" wide x 38" tall to be placed over the entrance to this business with a pool. Please reference enclosed Signs & Services Co. Inc. blueprint drawings #96-0037. (Also. Showing existing signage). Sport Chalet has a retail business which is running independent hours different from the store with its own security entrance and exit. The Sport Chalet Divers runs independent hours from a second security perimeter entrance and exit. This business offers scuba lessons and kayak lessons from its facility which includes instruction classroom with audio visual equipment, a locker room with restrooms and'a pool for in water instruction and practice. Since a pool in a retail center is such a unique service, it usually catches people off guard, but after they are aware the results are successful. We ask for your support to identify, with a channel letter sign that will compliment the sign program and the center. The following itemizes further justifications for our request: Proposed signage will reflect a sophisticated corporate image and is in keeping with the overall design theme of Foothill Ranch Marketplace. Proposed signage demonstrates an intent to identify, not advertise. 10980 ~a~an Avenue. 8tan~on. ~{i~mia 90680 714~6]-82~ F~ 714~6~-245~ Contg~or License #624675 (2) Proposed signage materials relate to the overall Foothill Marketplace site design as well as the project architecture. Proposed signage fits comfortably into the designated architectural space leaving sufficient margins and negative space on all sides. The wall appears balanced and in scale within the context of the sign space and the building as a whole. Thickness height and color of the sign is visually balanced and in proportion to other signs on the building. Proposed wall sign will be affixed without any visible means of attachment. This wall sign is directly attached to the lease space for which it refers. Please approve our request for a minor modification to a Planned Sign Program. incerely, Rick Denman Applicant RECEIVED OCT 15 1996 City of Rancho Cucamonga Planning Division October 7, 1996 Planning Department City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91729 Hollywood Entertainment hereby appeals the decision of the City Planner in reference to the sign permit submitted to Planning on 8/2/96. The permit was denied on the grounds that the proposed color (white), although a registered trademark for Hollywood Video, was not listed as an acceptable color choice in the sign program. The sign program calls for all of the letters to be red. Hollywood Video chooses to remain consistent with the rest of it's stores and maintain their corporate identity. Although the sigh program allows for "intermediate tenants with established logo graphics" to utilize their "custom colors" it is the Planning staffs interpretation that a logo does not include a registered trademark name. It is this interpretation that we wish to appeal. Many national companies trademark their name as their logo (Coca Cola, Toys R Us and Sawon to name a few). Since the color white is certainly not a radical departure fxom the centers existing signs (Food 4 Less uses white hi the "4"), we feel that by utilizing the registered trademark, we would be maintaining the integrity of the chains corporate identity while staying in harmony with the intent of the sign program to allow for established graphics. Sincerely, s Stout Agent for Hollywood Entertainment : NORTH (FRC~T) ELEVATION. .:' I SCALE:'. 118' ' r-0: ~ "":""" ' ~f'~I~C,,L~ ~'.,.~' ,- PORT CHALET ~, /"/~...' ...::..' 4.~;:'~?. ,....' .. .... .. .~- ~ ...' ..::~.' ~ ~:~'L~"':~" ~.~' ..... ..... -.-.-. ,~ ,~ . .. .... . . .Y -' n.,.~..C~":TT. '~'.'.~'2~?.'.'~ ..............................................................." ~,~".~.. '..?' "~g.~'~ ~' - · '~;,~TU~.,T.,:',C':=~.':~'~T,~ 'JO~=~',~::r...I~',:L~:~',V.~:~?,~;,~,% L'.T,~:.,~:.,-~,,.,.,,,,= ...~.~' ..' ..=~:~.. ~. ' '-.. ~:'..~.,:..'. - ~. ,... : ,,_'... . CO,Cn~T. WAL~ SITE PL~ (NOT '~0 SCALE) ..... I .~"~ ............... WEST ELB/ATION ': ........ Sc.,,L~ ~.' , r-o' SOtJTFI ELEVATION CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: DIRECTOR'S REPORT 96-03 - TEXACO - A request to determine if new sign regulations should be added to allow signs identifying sub tenants within a primary business. BACKGROUND: The applicant, Texaco, recently submitted two Conditional Use Permit applications for the construction of two servi~.e stations, located at the northeast comer of Foothill Boulevard and Elm Avenue and at the southwest corner of Base Line Road and Milliken Avenue. In addition to a mini-market, Texaco intends to feature ddve-thru quick service restaurants (QSRs) for the two facilities such as Taco Bell, A & W, Del Taco, or Baskin Robins, within the same structure that contains the mini-market Attached is a copy of the letter from Texaco requesting additional signs for their sub tenants (Exhibit "A"). ANALYSIS: This section of the report examines whether there is a need to allow sign identifications for sub tenants that are within a primary business. A. Current Siqn Codes and ADDlicant'S reouests: The Sign Ordinance allows service stations to have one wall sign per building face or elevation and up to a maximum of three signs, which could consist of a combination of wall and monument signs. Texaco requests to have two sub tenant wall signs, one for each QSR, on the same building elevation as the pdmary wall sign. In addition to the wall signs, Texaco also requests QSR signs on the two monument signs, one on each street frontage. Exhibit "C" shows an example of the proposed primary wall sign and sub tenant wall signs. B. Past action of the Plannino Commission: The Commission has seen similar cases of independent uses combine under one roof and previously had similar discussions on the subject with WaI-Mart and McDonalds, Shell service station and Churchs Fried Chicken, Smiths Food, and El Pollo Loco and Fosters Freeze. The Commission has consistently required that those sub tenants must rely on the signage for the primary tenant or modify the name of the primary tenant to incorporate its sub tenant(s). C. Market Chanaes: Staff has observed an increase of combination of uses within a pdmary business or tenant to provide more services for customers. Examples are banking services within supermarkets such as Albertsons with Wells Fargo Bank and Luckys with Bank of America. Because ofthis business trend, staff senses that the pressure is building up from ITEM J PLANNING COMMISSION STAFF REPORT DR 96-03 - TEXACO December 11, 1996 Page 2 the sub tenants to have their signs. The question is whether the City should allow sub tenants' signs and, if so, what limits should be established. If each sub tenant such as a liquor store, a dell, a Kodak service, an ATM service, etc., is allowed a sign on the same building face as the primary business of a supermarket, then the building will be overcrowded with signs. Staff believes that this approach is inconsistent with the goals of the Sign Ordinance and General Plan. D. OPtions: Staffs opinion is that there are other approaches which could address this issue. One option, which is already in place, is to require the primary tenant to include the sub tenant's name within their sign. An example is El Pollo Loco and Fosters Freeze. This option would not necessitate an amendment to the Sign Ordinance. A second option is to develop criteria to allow sub tenant signs, such as requiring a separate entry, using a significant percentage of floor area, establishing maximum sign area, etc. This option would require amending the Sign Ordinance. RECO MENDATION: Based on the above analysis, staff believes that there is medt in studying the sub tenants' sign issue and that new cdteria could be established to address them. Therefore, staff recommends that the Commission direct the applicant to submit a Sign Ordinance amendment request. Respectfully submitted, City Planner BB:NF/mlg Attachments: Exhibit "A" - Texaco's Letter of Request Exhibit "B" - Excerpt of Sign Ordinance for Service Stations Exhibit "C" - Example of Proposed Wall signs Ar,=a Grace and Marketing Inc Sa~a -'r_= 3z ~7,:,1 all~. eo November 4, 1996 O,~ or~e ~ ISS8 Ms. Nucy Fong Ci~ of ~ncho Cucamonga yv/8~oo~e 10500 Civic Center Drive ~cho Cuc~onga, CA 91729 Subject: Ring of Fire Texaco Refining and Marketing hc. Conditional Use Permits Numbers 96-26 and 96-27 Dear Ms. Fong Texaco Refining and Marketing Inc. recently submitted two Conditional Use Permit Applications for constructing two new facilities at the comers of Foothill & Elm and Baseline & Milliken within the planned community of Terra Vista, in the City of Rancho Cucamonga. Texaco would appreciate an explanation as to how the City intends to address our application's signage plans for the intended multiple use facilities. As recently discussed with the City and incorporated in the application and submittal package, the two facilities will feature multiple distinct business operations within a single structure and facility. Texaco plans to provide the citizens and visitors of the City of Rancho Cucamonga the option to purchase Texaco fuels for their vehicles, packaged foods and beverages at the "Star Mart" franchised convenience store and take out food services from branded quick service restaurants (QSRs). At the Foothill & Elm location, Texaco proposes to provide two QSR choices. Currently, we are negotiating franchises with Taco Bell and A&W at this site. For the Baseline & Milliken site, Texaco is negotiating vdth De! Taco. De! Tace is extremely excited about the opportunity to operate as an exclusive QSR at this location. Our application has illustrated these businesses as QSRs on the front elevation adjacent to the Star Mart sign at the Foothill & Elm site and as Del Taco on two sides of the tower feature at the Baseline and Milliken site. At both locations, all facility participants expect their corporate identities to be represented on exterior faces of the building as well as on other signage which will identify the facility to potential customers. With the advent of credit card and Debit Card readers at the fuel dispensers, a majority of those purchasing fuel never enter the building. Unless these customers have knowledge of the additional facilities within the building, these businesses will not be able to obtain sufficient sales to sustain operation. 3u:!din~ on a TradZ:oa of Texaco would appreciate if the City would provide a statement defining signage limits each entity will be allowed. It is extremely important that Texaco obtains defined City limitations prior to advancing our applications with the City and to assist in our franchise negotiations at each location. Signage issues are extremely important to potential QSR franchises. If this request requires additional or advanced approval by a voting body or other City entity, please notify me immediately so the process and City requirements are clearly met. We are available to discuss this issue with you at any time. I can be reached at (714) 444- 8697. In my absence, please feel free to contact Mr. Jack Ayers at (714) 444-8692. D. C. Matkins Manager Special Projects cc: James O'Malley - Tait & Associates 14.20.100 Permitted Signs - Commercial and Office ZorleS - The following signs may be permitted in the commercial and office zones subject to the provisions listed: CLASS SIGN TYPE MAXIMUM NUMBER MAXIMUM SIGN AREA MAXIMUM HEIGHT REMARKS I 3. Business identification and S its One per vehicular entrance. 12 square feet. Up to 8 feet. e. To diroc~ visitors and emergency vehicles to buildings. (multiple professional D i r · c t o r y tenants more than (monument) }}. Sign shall be conveniently located and shall not be three). 'llqe number and located within the entry throat in a manner which could ptacament of wall and block access. directory signs shall be subject to review by the c. Illumldeted for legibility 24 hours a day. City Planner (continued). d. Sign shall locate buildings, driveways, and address of each building. Firs hydrant or Knox box locations may also be shown as required by the firs district. e. Copy shall be e minimum of 1-ldch In heigh and legible from 20 feet.  4. a. Service Station Wall One per street frontage, 10% of building feca not to' Not above roof line or 20 a. A combination of monument and wall may be used, Identification and maximum two. exceed f 50 square feet. feet. but not more than a total of 3 signs. Pdclng and Monument One per street frontage, not 36 square feet. Up to 8 feet. b. The monument sign shall be destgn~d to include the to exceed e total of two per identification of the station and gasoline prices. No (j~ station. other price signs are allowed. b. Special Service Wall or Ground One for each pump island, 2 square feet. If mounted on a walt or Spatial service signs shall be limited to such items as self Signs not to exceed e totel of four potsofthecanopy, itshall serve, full serve, air, water, cashier, and shall be ~er station. be no higher than 8 feet. nonilluminated. Ground signs shall not exceed 6 feet in height. c. Special Window or Twoberstation. 6squarefeet. A ground sign shall not Special advedlsement shall be limited to advertising Advedisement Ground exceed 6 feet in height, a spatial sales or services. window sign shall not exceed 6 feet in height. 5. Pedestrian Traffic Signs Wall, Window, or One per business. 6 square feet. Not to exceed 12 feet Such sign shall contain only the identification of the Canopy above finished grade. business for pedestrian traffic. 6. Regional Shopping Upon development of a "regional shopping canter," e conceptual sign program shaft be developed and approved by the Planning Commission with th~ overall approval of Center the projed. Final details of lhe signs shall be submitted to the City Planner in accordance with the sign permit procedures. The City Planner shall review for consistency with approved conceptual program. 7. Movie Theaters Upon development of e "movie theater," a conceptual sign program shall be developed and approved by the Planning Commission with the overall approval of the project. Final detafts of the signs shall be submitted to the City Planner in accordance with the sign permit procedures. The City Planner shall review for consistency with approved conceptual program. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 11, 1996 TO: Chairman and Members of Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: DIRECTOR'S REPORT 96-04 - LEWIS DEVELOPMENT CO. - A request to determine if architectural design guidelines should be developed for a proposed mixed use center (CUP 96-20) within the Terra Vista Community Plan, located on the north side of Foothill Boulevard between Elm and Milliken Avenues. ABSTRACT: The purpose of this report is to have a dialogue between the Commission and the applicant and to provide direction regarding the architectural design guidelines. BACKGROUND: The applicant has submitted a Conditional Use Permit application for the development of a master plan concept (Terra Vista Commons) as they have a tenant for the first phase of development. The tenant is a Texaco gas station with a mini-market and a ddve-thru for two Quick Service Restaurants. As recommended by staff, Texaco has submitted a separate Conditional Use Permit (CUP 96-21 ) application so their development proposal can proceed along with the master plan. In reviewing the master plan concept, staff has asked for the preparation and submittal of architectural design guidelines for the site consistent with the requirement of the Development Code (Exhibit "B"). The City's policy has been to discourage corporate architecture and to require all pads within a shopping center to be designed consistent with the overall theme of the center. ANALYSIS: A. The applicant has submitted the attached letter (Exhibit "A') explaining the reasons for their request to not submit design guidelines at this time. In summary, the applicant does not have other users for the site except Texaco and is currently requesting a waiver of the architectural design guidelines. They do not know how the shopping center will be developed and feel that any architectural design guidelines developed at this time may have to be changed later on. The other three reasons they stated are: 1) the design standards imposed by the City are too expensive to execute and uneconomical to build, 2) the current retail and commercial environment has resulted in greater competition, which requires the applicant to respond accordingly, 3) the changing needs of the tenants require greater flexibility in the design of their projects and buildings and it would be a waste of time, money, and resources to deal with speculative design guidelines. ITEM K PLANNING COMMISSION STAFF REPORT PCDR 9604 - LEWIS DEVELOPMENT CO. December 11, 1996 Page 2 B. Staff Responses: The Commercial Section of the Development Code requires the development or approval of any portion of a center to develop a conceptual master plan which includes such things as, but not limited to, circulation, uniform architectural design, drainage/grading, landscaping, buffers, and phased improvements. Examples of existing centers that complied with this requirement are: Terra Vista Town Center, Town Center Square, Terra Vista Promenade, Foothill Market Place, Thomas Winery Plaza, Foothill Village, and Haven Village. The goal for this requirement is to provide an integrated development at the eadiest possible time in the review process. The intent is to recognize and solve problems before they occur and take advantage of opportunities while they exist. In reviewing Terra Vista Commons, staff requested architectural design guidelines to be established for a typical major building and a typical pad building. The architectural concepts or elevations would show the flavor of the architectural style, which will be a basis for future review and the review of Texaco's design. With regard to the other three reasons, they are philosophical in nature and challenge policy direction. The City has recognized the need to respond to the market and foster economic development by changing the codes to simplify and shorten the design review process. The streamlined process allows the City Planner approval authority for building design within an approved master plan with architectural design guidelines. The users or tenants that have received this benefit are Old Country Buffet, Officemax, Pad P, and Romano's Macaroni Gdll. The City will continue to work with any developer to meet their time line for new development or users and tenants that have time constraints. RECOMMENDATION: Staff believes in the advantages of an approved master plan including architectural design guidelines and recommends that the Commission not waive the requirement. However, the Commission could consider a flexibility in the timing of the preparation of the architectural design guidelines by delaying the requirement until the next user or building. With respect to the remaining issues, staff recommends the Commission have an open dialogue with the applicant and provide direction to them and staff. City Planner Attachments: Exhibit "A" - Applicanrs letter Exhibit "B" - Excerpts of Development Code on Shopping Centers Lewis Homes Retail Upland, CA 9178~0670 909/98~0971 F~ ~9/949-6740 NOV ] 8 ]9~ November 13, 1996 ~hOivi8~O Oga ~. Brad Buller ~. Dave Barker City ofRancho Cucamonga PIning CoSssion P.O. Box 807 Rancho Cucamonga, CA 91729 Dear Planning Commissioners: I am writing to express our desire to move the Texaco projects forward and the concerns expressed herein will apply to other projects as well. Our conditional use permit 96-20-Terra Vista Commons, Lewis Homes has been requested to submit architectural design guidelines to the City for the development of this entire piece of property. We have refused to do this for several reasons (stated below) and request you waive this requirement, approve the Texaco plans and allow this much needed and requested service station to be built as soon as possible. This action will save both Lewis and the City time and money. The reasons for our request are practical: 1 .) There are no longer any other users we are tal-king to on this site, therefore, we have no idea how the site will be developed. Given our lack of'knowledge of the potential users the development of design guidelines is a shot in the dark and have more than an eighty percent (80%) of having to be totally revisecl when an actual user steps tbrward and plans are developed for them. We will be reviewing these new design guidelines with you then and throwing out the old ones. 2.) Lewis Homes will not commit the mistake again of agreeing to a design like Terra Vista Town Center or the Square. This design is too expensive to execute, and therefore, has become uneconomical to build. Best Buys timing requirements made us agree to this design standard but in retrospect it was a costly error on our part. 3 .) The retail and commercial environments have changed dramatically in just the last two (2) years if not two (2) months. Ontario and Ontario Mills are stealing Rancho Cucamonga's tenants and sales dollars. The retail nexus has shifted, there is greater competition for users on Foothill. We must respond with buildings, designs and reaction time that is closer to the norm than unique. ex I XT 4.) Also, tenants are not staying as long as they once did in a space. The rate of change of retailers both in their product lines, their space requirements and their competitive locations has increased dramatically. This means we need greater flexibility in our buildings and projects to meet the changing needs of our customers (our tenants). Therefore, design should be determined as close to final build out as possible not as a future planning concept. You retain the ultimate authority on final design whether you determine it today, tomorrow or next year. Why waste time speculating - save your time and that ofstaffto deal with "real projects" that will be built. The Town Center Square is a perfect example. The master plan for that site and the sizes of several of the buildings Changed dramatically and often over the course of two (2) years. The City expended a great deal of time and energy working out details of things that were ever built. Lewis spent tens of thousands of dollars with architects and landscape consultants working and reworking the plans, designs, etc. Some of this is inescapable, but much of it is avoidable by not trying to pre-design in such detail. In planning today, it is good to have a loose general concept for desired projects and uses but the key to success is flexibility and the capacity to react quickly and decisively to change. Tenants and developers no longer have the luxury of attending three to five design review and planning commission meeting, they need specific responses at each step in the process which allow them to react and move immediately to the next step. If we can't react decisively and quickly some other City and developer will be taking the tenant and moving quickly to get them open. Also, since we will have been to design review and technical review on this project November 19th and 20th, we would like a full review of the Texaco plans on the 1 lth so the development can move forward. I look forward to our discussion and resolution of the design issue so we can get Texaco approved and under construction as well as resolve this issue on other projects. A service station is the most r~quested use by out Terra Vista residents~. Sincere , ~ . ~nS~ecg~vereN';~w're°un~c~al Development Rick Gomez Randall Lewis Jerry Bryant Gary Bauer Pat Loy GNH/jrg Rancho Cucamonga Development Code Sectiofl~. l O. 030 3. ~Iem~orarv Office Modules a. A m lan for development of pe ent buildings shall be submitted in conjunction ch request. b. The design of the office m II have a look of permanence, as much as practicable. This shal ' reening temporary foundations, screening utility e ' and stepped roofs to mitigate the t c. . . 4. ShQboina Centers. To ensure that the goals and policies of the General Plan are implemented, a Conditional Use Permit shall be required for shopping centers. In such a review, the following cdteda shall be considered: a. The transition from more sensitive land uses and buffering methods to mitigate commercial activities such as loading, lighting, and trash collection; b. The canter has been planned as a group of organized uses and structures; c. The center is designed with one theme, with buildings and landscaping consistent in design (similar architectural style, similar exterior building materials, and a coordinated landscaping theme); d. The center makes provisions for consistent maintenance, reciprocal access, and reciprocal parking; e. Vehicle and pedestrian access is coordinated and Iogical&y linked to provide a comprehensive circulation system; and f. The development or approval of any portion of a center shall require the development of a conceptual development plan which shall consider such things as, but not limited to, circulation, uniform architectural design, drainage/grading, buffers, phased improvements, and landscaping. 5. ,,,.Car Washes (Neiqhborhood Commercial DistrictS. To ensure that the goals lectives of neral Plan are implemented, a Conditional Use Permit e required for car washes wit Neighborhood Commercial District. C es shall comply with the following criteria: a. Such business shall be located 0 feet from any residential district. b. Wash bays and va ' view. c. An. on-~' . ontrol 17.10-9 3/96 CITY OF RANCHO CUCAiMONGA MEMORANDUM DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: USE DETERMINATION 96-03 - CITY OF RANCHO CUCAMONGA - A request to determine that Fast Food Restaurants are conditionally permitted in Office Park, Community Commercial, and Mixed Use (MFC) districts within the Terra Vista Community Plan. BACKGROUND: Three Conditional Use Permit applications have been filed recently for Fast Food Restaurants within the Terra Vista Planned Community. Two of the Fast Food Restaurants are within Texaco gas stations located at the northeast corner of Foothill Boulevard and Elm Avenue and the southwest corner of Base Line Road and Milliken Avenue. The sites are zoned Mixed Use (MFC) Financial/Restaurants/Residential and Office Park, respectively. The third one is a Carl's Jr. restaurant located within the Terra Vista Promenade at the northwest corner of Foothill Boulevard and Masi Drive and zoned Community Commercial. In reviewing the applications, staff found that the three mentioned land use districts of the Community Plan does not include Fast Food Restaurants, which necessitate this Use Determination. ANALYSIS: The current Community Plan shows that restaurants with incidental serving of alcohol and without entertainment or cocktail lounge or bar are permitted in the Community Commercial, Neighborhood Commercial, Office Park, and Mixed Use (MFC) districts. Fast Food Restaurants are conditionally permitted in the Neighborhood Commercial but are silent in the Community Commercial, Office Park and Mixed Use (MFC) districts. A review of the Community Plan dated April 1990, shows that the Community Commercial and Office Park districts list "eating and drinking places" as a broad land use category, which include Fast Food Restaurants. The Mixed Use (MFC) district lists "restaurants," which could be interpreted to include fast food. Therefore, it is clear that the intent was not to exclude fast food restaurants. The reason for the change in the description of this land use category is an attempt to provide internal consistency among the different planning documents such as the Development Code, the four Specific Plans, and the three Community Plans. This change was part of a streamline effort to simplify and shorten our review process to improve the way we do business in the City as directed by City Council. Staff believes that the land use for Fast Food Restaurants was unintentionally left out, which should be included as a conditionally permitted use in the Community Commercial, Office Park, and Mixed Use (MFC) districts. ITEM L PLANNING COMMISSION STAFF REPORT UD 96-03 - CITY OF RANCHO CUCAMONGA December 11, 1996 Page 2 RECOMMENDATION: Staff recommends that the Planning Commission make the Use Determination that Fast Food Restaurants are conditionally permitted in the Community Commercial, Office Park, and Mixed Use (MFC) districts and direct staff to prepare an amendment to the Community Plan for revision of the document. Respectfully submitted, City Planner BB:NF:mlg Attachments: Exhibit "A" - Excerpts of Current Community Plan Exhibit "B" - Excerpts of Community Plan dated April 1990 Resolution of Approval Office and Commercial Development Standards (f) The development or approval of any portion of a center shall require the development of a conceptual GENERAL TO ALL 0FFICE AND COMMERCIAL AREAS: development plan which shall consider such things as, but not limited to, circulation, uniform architectural Uses Not Permit;ted Within The Planned COmmunity design, drainage/grading, buffers, phased improvements and landscaping, Massage padors "Adult" entertainment establishment Uses Permitted in Area~ Desiqnated "CC" Shoooino Centers The following general categories of uses shall be permitted: To ensure that the goals and policies of the General Plan and Community Plan are implemented, a Conditional Use Permit Retail businesses, such as but not limited to: shall be required for shopping centers. In such a review, the following criteria shall be considered: Department stores Showroom/catalogue stores (a) The transition from more sensitive land uses and Outlet or off-price stores buffering methods to mitigate commercial activities Variety stores F" such as loading, lighting, and trash collection; Import stores Delicatessens ~ Bakeries and other specialty food stores (b) The center has been planned as a group of organized uses and structures; Wine and liquor stores (CUP) Drug stores (c) The center is designed with one theme, with Clothing stores buildings and landscaping consistent with design Shoe stores (similar architectural style, similar exterior building Jewelry stores materials, and a coordinated landscaping theme); Book stores Record stores (d) The center makes provisions for consistent Electronics equipment stores maintenance, reciprocal access and reciprocal Radio/TV/stereo stores Photo equipment stores parking; Furniture stores (el Vehicle and pedestrian access is coordinated and Wallcoverings stores logically linked to provide a comprehensive Lighting stores circulation system; and Pet stores V - 20 : i Hardware stores Sporting goods stores Optornetrists Plant stores Tax preparation service i l Toy stores Legal or accounting offices . Gift shops Medical or dental offices Home improvement centers Administrative offices · Carpet and flooring stores Employment agencies I Paint stores Escrow companies Lighting stores Ban nd other financial institutions (includin drive-thru) Musical instrument stores T% ep"%".';i:tho'r":;andaccessor'ess,ores Auto parts stores Restaurants with entertainment and/or cocktail lounge, bar Nurseries and garden supply stores Home appliance stores -- Plumbing supply stores en limited to: g Service businesses, (or sales-and-service Movie theaters /" businesses), including but not limited to: Health clubs and spas ~ Music, dance and martial arts studios Travel agencies Facilities for the performing arts. Beauty parlors and barbers Automobile businesses limited to the following: Printers Dry cleaners and laundries Service stations and car washes Photo and art studios or galleries Auto parts stores Locksmiths Interior designers Auto sales and services businesses affiliated with a Landscape architects department store or similar concern ICUP) Pool and spa installers Community facilities as specified above Cabinetmakers and other contractors Hotels and motels Home security analysts Equipment rental Wholesale businesses Home appliance repairmen Shopping centers subject to provisions as specified above Administrative and Professional offices, including but not (CUP} limited to: Accessory structure and uses necessary or c · incidental to the above uses Real estate brokers Insurance agent REVISED Amendment Noe. 3, 5 & V Other uses which are found by the Planning Commission to Banks and other financial institutions includin drive-thru be consistent with the spirit and intent of this land use ,-~,,..~ dl|u uLIII~I HIti:lllC~a~ ~nstl~ classification Uses Permitted in Areas Designated "{;)P" Automobile service stations (CUP) The following general categories of uses shall be permitted: Community facilities as specified above Administrative offices Accessory structures and uses necessary or customarily Professional offices, including but not limited to such incidental to the above uses professions as: Other uses which are found by the Planning Commission to be consistent with the spirit and intent of this land use Accounting classification, Law Insurance Uses Permitted in Areas Designated "RC" Architecture The following general categories of uses shall be permitted: Engineering Medicine Commercial recreation and entertainment facilities, including /"' Dentistry but not limited to: t"-~, Real estate Health clubs, gyms, spas ' ' Financial brokerage Racquetball clubs Securities brokerage Dance studios Karate or yoga studios Institutional and governmental uses Swimming pools Retail and service businesses serving the needs of office Tennis courts users, including but not limited to: Batting cages (CUP) Trampolines (CUP) Blueprint and photo services Miniature golf (CUP) Pharmacies Video arcades (CUP) Printers Bowling alleys Stationers Secretarial services Retail and service businesses oriented to active recreation, including but not limited to: Commercial recreation facilities compatible with office use, Bicycle rental, repair, and sales including but not limited to: Skate rental Health clubs or gyms Kite shop Racquetball courts 4 Z/ REVISED Amendment Nos. 3, 5 & 6 V - 22 ~ ..,.~ Sports equipment rental Sportswear sales Other uses which are found by the Planning Commission to Sporting goods store be consistent with the spirit and intent of this land use Pro shop classification Uses Permitted in Areas Desianat~d~NC Eating and drinking establishments, including but not limited to: " The following general categories of uses shall be permitted: Sidewalk cafes Coffee houses Retail businesses, including but not limited to: Frozen yogurt or ice cream parlors Snack bars or kiosks Grocery, stores Delicatessens Specialty retail and service businesses, including but not limited to: Wine and liquor stores (CUP) Drug stores m.....,I Art galleries and studios, indoor or outdoor Clothing stores I L_' Crafts and hobby shops Variety stores "' /" Flower shops Hardware stores [] '--"[&"" Health food stores Plant stores I .... Gift shops Gift shops ILL' Service businesses, including but not limited to: I,.,,,.,[ Public or private facilities for the performing arts, indoor or outdoor, including but not limited to: Beauty parlors and barbers · .-,...l Little theater Printers I_,~' Amphitheater Dry cleaners and laundries Outdoor assembly or performing arts area Travel agencies I _ ,...~ Locksmiths I...7_ Grocery stores, general, convenience, and/or specialty (CUP) Pharmacies I._,..j Community facilities as specified above dmini trative and Professional offices I... Shopping centers subject to provisions as specified above and wine but without a cocktail lounge, bar, entertainment I .._,.,[ (CUP) or dancing I ...,~ incidental to the above uses LT. I._ .,,~ VISED Amendment Noe. 3, 5 & 6 , t Banks and other financial institutions (including drive-thru) Banks and other financial institutions (including drive-thru) i~-[] Commercial recreation facilities, including but not limited to Service businesses health clubs and studios (CUP) Automobile service stations (CUP) Institutional and governmental uses Convenience markets (CUP) Automobile service stations Wine and liquor stores (CUP) Commercial recreation and entertainment facilities Community facilities as specified above, including institutional Community facilities as specified above and governmental uses Accessory structures and uses necessary or customarily Shopping centers subject to provisions as specified above incidental to the above I (CUP) it'.. · Other uses which are found by the Planning Commission to Accessory structures and uses necessary or customarily be consistent with the Spirit and intent of this land use ! incidental to the above uses classification /"' Other uses which are found by the Planning Commission to ~ be consistent with the spirit and intent of this land use Uses Permitted in Areas Desionated "MHO" classification The following general categories of uses shall be permitted: Uses Permitted in Areas Desi~nated "MFC" " Residential uses as permitted in High Density and Medium "1 The following general categories of uses shall be permitted: High Density residential areas Residential uses as permitted in High Density and Medium Hospitals, clinics, and other medical uses I""ll '1 High Density residential areas ,. ' Medical offices Retail businesses  Other uses accessory or related to the above, including but "'1 not limited to: -. nd professional offices I''"''111 Restaurants with incidental serving of beer and wine but Retail businesses "'~1 without a cocktail lounge, bar, entertainment or dancing. Administrative and professional offices REVISED Amendment Nos, 3, 5 & 8 V-24 "1 Service businesses Securities brokerage mm .~,.! ~s __-----_ Interior design Restaurants with incidental serving of beer and wine but Institutional and governmental uses users, including but not limited to: '-..-,~ Community facilities as specified above I Z Accessory structures and uses necessary or customarily I~.':...~ incidental to the above I.__:' Other uses which are found by the Planning Commission to be consistent with the spirit and intent of this land use [] --'..'[ classification l_.;' Uses P, rmitted i. ,usiness Park Ov r,ey Zon,. I._,..,i .._,, In addition to the uses permitted by the base zone, the /'"" following general categories of uses shall be permitted in the I~.,..:1oq_ Business Park Overlay Zone: I.L' Administrative offices I I,_..J Professional offices, including but not limited. to such I, .." professions as: Accounting I1_....1 Law I1_ .,.;~ Insurance Architecture Medicine I I_J Optometry I I _..:l Osteopathy I1_..: Real estate II __l Fscrow ' ' I I_J 25 Printers service, telephone sales, luggage sales, pet grooming and Stationers supplies, opticians, medical supply sales and rentals, Secretarial services electrical, electronic, data processing, and I Office supplies and equipment telecommunications sales and service, audio/video sales and Office machine sales and service service, furniture sales, apparel shops, and similar Messenger and postal services businesses. Commercial recreation facilities compatible with office use, Convenience retail and service businesses such as food and [""~ including but not limited to: beverage sales, newsstands, bookstores, barber and beauty shops, cleaners, travel bureaus, photo developing, tuxedo - Health clubs or gyms (CUP) rental, bicycle sales and repair, locksmiths, ticket sales, etc. Racquetball courts (CUP) Community facilities as specified above I Banks and other financial institutions Accessory structures and uses necessary or customerily IT" []  incidental to the above uses Other uses which are found by the Planning Commission to I""' [] Automobile service stations (CUP) '- /,_ be consistent with the spirit and intent of this land use I classification ---9 Retail studios, stores, and associated workshops for the IT':"'[] purpose of sales, office, showroom, and design with Parking requirements for Business Parks shall be the same as "I workshop for custom-made samples of products for display for office parks, unless otherwise approved by the Planning - only in the showroom for the following types of art and craft Commission. items: jewelry, picture frames, quilts, ceramics, potteries, and specialty gift items. Custom-made consumer goods ~ite Develoement Standards for Office and Commercial U~;es '' I within studios, stores, and associated workshops may be allowed, provided that the workshop areas for custom-made Building site area, site width, and site depth: No minimum consumer goods are ancillary to the studios or stores and do subject to Development Review Process. not exceed 35 percent of the leased floor area, and subject to City Planner approval. Building site coverage: No maximum. Building setbacks: As indicated in Table V-5. Retail and service businesses serving the needs of residential Parking setbacks: As indicated in Table V-5. users, including but not limited to the following, and subject Wall setbacks: As indicated in Table V-5. ' to the approval of the City Planner: Interior design office with Building height: showroom, catering establishments, contractors (excluding contractors' yards), beauty supply stores, fabric stores, shoe For areas designated "NC": 40 feet maximum. repair shops, antique dealers, security device sales and For other areas: No maximum. .... REVISED An~ndn~nt Noe. 3, 5 & 6 Building separation: As permitted b the Uniform B '~t~ing7 ~'"" v- 26 Code. / 7' "' ; '[I Office and Commercial Development Standards (f) The development or approval of any portion GENERAL TO ALL OFFICE AND COMMERCIAL AREAS: of a center shall require the development of a conceptual development plan which shall Uses Not Permitted Within The Planned Community consider such things as, but not limited to, Massage parlors circulation, uniform architectural design' drainage/grading, buffers, phased "Adult" movie theaters "Adult" book stores improvements and landscaping. Shoppinq Centers Uses Permitted in Areas Desiqnated "CC" To ensure that the goals and policies of the General The following general categories of uses shall be Plan and Community Plan are implemented, a permitted: Conditional Use Permit shall be required for shopping centers. In such a review, the following criteria shall Retail businesses, such as but not limited to: be considered: Department stores (a) The transition from more sensitive land uses Showroom/catalogue stores ~ and buffering methods to mitigate commercial Outlet or off-price stores ----- activities such as loading, lighting, and trash Variety stores ~ collection; import stores Grocery stores (hi The center has been planned as a group of Delicatessens organized uses and structures; Bakeries and other specialty food stores Wine and liquor stores (c) The center is designed with one theme, with Drug stores buildings and landscaping consistent with Clothing stores design (similar architectural style, similar Shoe stores exterior building materials, and a coordinated Jewelry stores landscaping theme); Book stores Record stores (d) The center makes provisions for consistent Electronics equipment stores maintenance, reciprocal access and reciprocal Radio/TV/stereo stores parking; Photo equipment stores Furniture stores (e) Vehicle and pedestrian access is coordinated Wallcoverings slores and logically linked to provide a Lighting stores comprehensive circulation system; and Pet stores V-20 Hardware stores Optometrists Sporting goods stores Tax preparation service Plant stores LecJal or accounting offices Toy stores Medical or dental offices Gift shops Administrative offices Home improvement centers Employment agencies Carpet and flooring stores Escrow companies Paint stores Lighting stores Banks and other financial institutions Musical instrument stores '~ Home furnishings and accessories stores Telephone stores Auto parts stores Commercial recreation and entertainment, including Nurseries and garden supply stores but not limited to: Itome appliance stores Plumbing supply stores Movie theaters Health clubs and spas Service businesses, Ior sales-and-service Music or dance studios businesses), including but not limited to: Facilities for the performing arts Travel agencies Automobile businesses limited to the following: Beauty parlors and barbers Printers Service stations and car washes (CUP) Dry cleaners and laundries Auto parts stores Photo and art studios or galleries Locksmiths Auto sales and services businesses affiliated with Interior designers a department store or similar concern [CUP) Landscape architects Pool and spa installers Community facilities as spec.ified above Cabinetmakers and other contractors Home security analysts Hotels and motels (CUP) Equipment rental Home appliance repairmen Wholesale businesses ( CUP ) Administrative and professional offices, including but Shopping centers subject to provisions as specified not limited to: above (CUP) Real estate bl'okers Accessory structure and uses necessary or Insurance agent customarily incidental to the above uses REVISED Amondmom No. 3.~a~6(~ Other uses which are found by the Planning Banks and other financial institutions Commission to be consistent with the spirit and intent of this land use classification ~ Uses Permitted in Areas Desiqnated "OP" Automobile service stations {CUP) The following general categories of uses shall be Community facilities as specified above permitted: Accessory structures and uses necessary or Administrative offices customarily incidental to the above uses Professional offices, including but not limited to such Other uses which are found by the Planning professions as: Commission to be consistent with the spirit and intent Accounting of this land use classification. Law Uses Permitted in Areas Desiqnated "RC" ""' Insurance ~' Architecture The following general categories of uses shall be Engineering permitted: Medicine Dentistry Commercial recreation and entertainment facilities, Real estate Financial brokerage including but not limited to: Securities brokerage Health clubs, gyms, spas Racquetball clubs Institutional and governmental uses Dance studios Karate or yoga studios Retail and service businesses serving the needs of Swimming pools office users, including but not limited to: Tennis courts Batting cages (CUP) Printers Trampolines ( CUP ) Stationers Miniature golf (CUP) Secretarial services Video arcades (CUP) Bowling alleys Commercial recreation facilities compatible with office use, including but not limited to: Retail and service businesses oriented to active recreation, including but not limited to: Health clubs or gyms (CUP) Racquetball courts (CUP Bicycle rental, repair, and sales ~2 Skate rental Accessory structures and uses necessary or Kite shop customarily incidental to the above uses Sports equipment rental Sportswear sales Other uses' which are found by the Planning Sporting goods store Commission to be consistent with the spirit and intent Pro shop of this land use classification Eating and drinking establishments, including but not Uses Permitted in Areas Desiqnated "NC" limited to: The following general categories of uses shall be Sidewalk cares permitted: Coffee houses Frozen yogurt or ice cream parlors Retail businesses, including but not limited to: Snack bars or kiosks Grocery stores Specialty retail and service businesses, including but Delicatessens not limited to: Bakeries and other specialty food stores Wine and liquor stores Art galleries and studios, indoor or outdoor Drug stores Crafts and hobby shops Clothing stores Flower shops Variety stores 14ealth food stores Hardware stores Gift shops Plant stores Gift shops Public or private facilities for the performing arts, indoor or outdoor, including but not limited to: Service businesses, including but not limited to: Little theater Beauty parlors and barbers Amphitheater Printers Outdoor assembly or performing arts area Dry cleaners and laundries Travel agencies Grocery stores, general, convenien~:e, and/or Locksmiths specialty (CUP) Administrati e al:l~t-l~fessb~na~ 'ces Restaurants (other than fast food}, including serving Shopping centers subject to provisions as specified of beer and w~ne but without a cocktad lounge, bar, above (CUP} ' ' REVISEO Amondment~o. 3.5 &Z'~66 V - 23 Administrative and professional offices Commercial recreation facilities, including but not Service businesses limited to health clubs and studios (CUP) Automobile service stations ( CUP ) institutional and governmental uses onvenience markets (~1 Ip Automobile service stations  Commercial recreation and entertainment facilities Wine and liquor stores (CUP) Community facilities as specified above Accessory structures and uses necessary or Restaurants with entertainment and/or serving of customarily incidental to t. he above alcoholic beverages Other uses which are found by the Planning ~-- Community facilities as specified above, including Commission to be consistent with the spirit and intent. ,.~ institutional and governmental uses ,,~ of this land use classification Shopping centers subiect to provisions as specified Uses Permitted in Areas Desi.qnated "MHO- above (CUP) ' The following general categories of uses shall be Accessory structures and uses necessary or permitted: customarily incidental to the above uses Residential uses as permitted in High Density and Other uses which are found by the Plannin9 Medium High Density residential areas Commission to be consistent with the spirit and intent of this land use classification Hospitals, clinics, and other medical uses Uses Permitted in Areas Desiqnated 'MFC" Medical offices The following general categories of uses shall be Other uses accessory or related to the above including permitted: but not. limited to: Residential uses as permitted in High Density and Retail businesses Medium High Density residential areas Retail businesses Administrative and professional offices Service I}usinesses Accessory structures and uses necessary or customarily incidental to the above Restaurants Other uses which are found by the Planning Commercial recreation and entertainment facilities Commission to be consistent with the spirit and intent of this land use classification Community facilities as specified above Uses Permitted in Business Park Overlay Zone Accessory structures and uses necessary or customarily incidental to the above In addition to the uses permitted by the base zone, the following general categories of uses shall be Other uses which are found by the Planning permitted in tile Business Park Overlay Zone: Commission to be consistent with the spirit and intent of this land use classification Administrative offices Uses Permitted in Areas Desiqnated "MOC" ProfesSional offices, including but not limited to such professions as: The following general categories of uses shall be permitted: Accounting Law Residential uses as permitted in High Density. Medium Income tax 14igh Density, and Medium Density residential areas Insurance Architacture Hospitals, clinics, and medical offices Engineering Medicine Retail a.n_d._.~[.v_.ic~. bu__sines.ses ~ Optometry · Podlarry Ad '~istrative and professional offices Chiropractic  Osteopathy Restaurants ~' Dentistry Real estate Escrow 'Financial brokerage Automotive sales and service businesses Securities brokerage Interior design Automotive service stations and car wash'es Institutional and governmental uses CommtH~ity facilities as specified above Retail and service businesses serving the needs of office users, including but not limited to: V-25 Printers Stationers supply sales and rentals. electrical. electronic. data processing. and telecommunications sales and service. Secretarial services audio/video sales and service. furniture sales. apparel Office supplies and equil~ment shops. and similar businesses. Office machine sales and service Messenger and postal services Convenience retail and service businesses such as food and beverage sales. newsstands. bookstores. Commercial recreation facilities compatible with office barber and beauty shops, cleaners. travel bureaus. use. including but not li,nited to: photo developing. tuxedo rental, bicycle sales and Health dubs or gyms (CUP) repair. locksmiths. ticket sales. etc. Racquetball courts ICUP} Community facilities as specified above Banks and other financial institutions Accessory structures and necessary or in customarily incidental to the above uses Other uses which are found by the Plannin9 Automobile service stations {CUP) Commission to be consistent with the spirit and intent Retail studios, stores, and associated workshops for of this land use classification the purpose of sales, office, showroom, and design Parking requirements for Business Parks shall be the with workshop for custom-made samples of products same as for office parks, unless otherwise approved for display only in the showroom for the following by the Planning Commission. types of art and craft items: jewelry, picture frames, quilts, ceramics, potteries, and specialty gift items. Site Development Standards for Office and Commercial Custom-made consumer goods within studios, stores, Uses and associated workshops may be allowed, provided that the workshop areas for custom-made consumer Building site area, site width, and site depth: No goods are ancillary to the studios or stores and do not minimum subject to Development Review Process. exceed 35 percent of the leased floor area, and subject to City Planner approval. Building site coverage: No maximum, Building setbacks: As indicated in Table V-5. Retail and service businesses serving the needs of Parking setbacks: As indicated in Table V-5. residential users, including but not limited to the Wall setbacks: As indicated in Table V-5. following, and subject to the approval of the City Building height: Planner: Interior design office with showroom, catering establishments, contractors (excluding For areas designated "NC": 110 feet maximum. contractors' yards), beauty supply stores, fabric For other areas: No maximum. stores, shoe repair shops, anticlue dealers, security device salesand service, telephone sales, luggage Building separation: As permitted by the Uniform sales, pet groolning and supplies, opticians, medical Building Code, ED Anlerldmenl No 3, 5 & 6 .~T~'z RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE DETERMINATION NO. 96-03, DETERMINING THAT FAST FOOD RESTAURANTS WITH DRIVE-THRUS ARE CONDITIONALLY PERMITTED IN THE COMMUNITY COMMERCIAL, OFFICE PARK, AND MIXED USE (MFC) DISTRICTS, WITHIN THE TERRA VISTA COMMUNITY PLAN. AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City has filed an application for a Use Determination as described in the title of this Resolution. Hereinafier in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 1 lth day of December 1996, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced meeting on December 11, 1996, including wdtten and oral staff reports, this Commission hereby specifically finds as follows: a. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same districts. b. The use in question meets the purpose and the intent of the district in which it Is proposed. c. The use in question meets and conforms to the applicable goals and objectives of the General Plan. 3. Based upon the findings and conclusions set forth in paragraphs 1, and 2 above, this Commission hereby approves the Use Determination to include Fast Food Restaurants with drive-thrus as a conditionally permitted use in the Community Commercial, Office Park and Mixed Use (MFC) districts. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. UD 96-03 - CITY OF RANCHO CUCAMONGA December 11, 1996 Page 2 APPROVED AND ADOPTED THIS 11TH DAY OF DECEMBER 1996. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretan/of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 1 lth day of December 1996, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA ' STAFF I F, PORT DATE: December 11, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: MILLER FAMILY & ASSOCIATES - A request to consider initiation of text changes to the Industrial Area Specific Plan to add Funeral and Crematory Services as a conditionally permitted use in Subarea 8. BACKGROUND/ANALYSIS: Miller Family & Associates desires to open a mortuary within Subarea 8 on the south side of Arrow Route, east of Haven Avenue (see Exhibit "D"). They are requesting that the Planning Commission initiate an amendment to the Industrial Area Specific Plan to allow mortuaries as a conditionally permitted use. Mortuaries are classified as "Funeral and Crematory Services" by the Industrial Area Specific Plan: Funeral and Crematorv Services: Activities typically include. but are not limited to services involving the care, preparation, and disposition of human dead other than in cemeteries. Uses typically include, but are not limited to: funeral homes, crematories, and mausoleums. Funeral and Crematory Services are currently a conditionally permitted use within Subareas 4, 6, and 16 (see Exhibit "B") which is essentially along Archibald Avenue and Haven Avenue. Subarea 8 lies generally along Arrow Route and is intended for General Industrial activities and to assure for a transition from the Heavy Industrial zone to the south (see Exhibit "E"). RECOMMENDATION: Staff recommends that the Planning Commission initiate the amendment upon receipt of an application for Specific Plan Amendment and payment of application fees. City Planner BB:DC:gs Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Subarea Map Exhibit "C" - Industrial Area Specific Plan Land Use Table Exhibit "D" - Location Map Exhibit "E" - Subarea 8 Regulations / ITEM M November 26, 1996 · o Chairman and Planning Commission City OfRancho Cucamonga ~O'~o°~°~° 10500 Civic Center Drive Rancbo Cucamonga, CA 9,730 t Subject: Funeral and Crematory Use Within Subarea Eight Chairman and Members of the Planning Commission: Miller Family & Associates is interested in establishing the city's first mortuary. We propose a 10,000 square foot mortuary on a 1.6 acre site on Arrow Route east of Haven Avenue. This location is within Subarea Eight of the Industrial Specific Plan, which does not currently reference funeral and crematory services. The primary concern with mortuary activities is typically related to funeral processions and the potential impedance of traffic flow. Not all services are held at the mortuary, and less than 30% of the families served will actually require a funeral procession. Further, these services are normally held between 10:00 AM and 3:00 PM, thus avoiding peak commuting areas. The use of traffic control escorts and secondary routes to access the freeways will sufficiently avoid any traffic conflicts. Any other concerns regarding the day to day operations of the mortuary can be addressed through the regulation by the Funeral Directors and Embalmers Law, found in the California Health and Safety Code. In the past year, there were 500 deaths in Rancho Cucamonga. As there are no mortuaries in the city, local citizens must drive to Upland or Ontario to obtain these basic services. The neighboring mortuaries, without exception, are all owned by large, out of state funeral conglomerates. We intend to be the only local, family owned and operated mortuary in the greater Rancho Cucamonga area. Mortuaries provide a basic service, integral to the daily function of any community, and are traditionally centrally located. This site, just east of Haven Avenue, which is serviced by an off ramp of Interstate 10, is ideal for our purposes as it provides a visible, easily accessible location not only to the citizens of the community, but their relatives and other visitors unfamiliar with the area. We ask the Planning Commission's support in amending Subarea Eight of the Industrial Specific Plan by allowing funeral and crematory services within this area. We wish to emphasize that this action will not initiate a proliferation of funeral homes within the area, as the population of most cities is not large enough to sustain more than one mortuary. This is evidenced by the many neighboring communities that have only one mortuary, if at all. We look forward to making our professional services available to the community. If you should have any questions, please do not hesitate to contact me at (909) 737-3244. Sincerely, Christopher B. Miller Miller Family & Assoc~%es INDUSTRIAL AREA SPECIFIC PLAN TABLE II1-1 CitydRanchocucamon~a SUMMARY OF LAND USE TYPES BY SUBAREA ~MANUFACTURING Custo~ P P P P P P ~ P P P P P P P P P Light P P P P P P: P P P P P P P P P Medium C C C P C P P P P P~P Hea~ Minimum Impact Hea~ P OFFICE PROFESSIONAL, DESIGN & RESEARCH Administrative &Office P P P P P P~P C P iC C~ P P Professiona~esign Se~ices P P P P P P P C P JC C~ P P Research Se~ices P P P P P P P P P P P P P P P WHOLESALE, STORAGE & DISTRIBUTION Public Storage C C P ~ C P C C C C P ~ght P P P P P P P P P P P P P P P P Medium ~C P P~C P P P P P P P P Hea~ C P C P MATERIALS RECOVERY FACILITIES Collection Facilities P P P P P P P P P P P P Priessing Facilities C C C C C C C C Scrap Operation C CIVIC Administrative Civic Se~ices P P P P P~P P P P ~P P P P~ Convention Centers C C C Cultura~ P C c P C Day Care Facili~ C C C C C C C C,C C C C C C C C ~ensive Impact Utili~ Facilities C C C C C C Fio~Control~tili~Cor~dor P P P P P P P P P P P P P~ P P PiP P Pubiic A~embly C C C C C C C C C~ C ~ ~C C Public Safer& U~li~Se~ices c c c~c c c c c. c C C C C~ c c~c c Religious A~embly C C ~c c C C C C C I C C ~c c Sch~s ~C C C}C C C C C C C C C~ C C C C IOTES: IP - Industfi~ Pa~ P - Pe~i~ Use HO - Haven Avenue ~eday Dist~ct C - ~ndi~onaily Pe~i~ Use GI -General Industfi~ ~ - Non-ma~ Us~ not Pe~i~ MI~I * Minimum Impact Hea~ Indus~ A * Adult Entertainment Zoning Petit R~uir~ MU/OS - Mixed Use / Open Space This is an except from the Industrial Area Specific Plan (ISP). Please refer to Table 111-2 of the ISP for a complete description of the land use definitions If you need help in determining the land use ~pe of a business please contact the Planning TABLE II1-1 (Continued) use ::::,,:: COMMERCIAL ~dult Ente~ainment A ~ AAA A A~ AAA~ A Agricultural/Nurse~ Supplies & Se~ices p p P p p p p p Animal Care c C C c C C C C Automotive Fleet Storage c C C C P C C P Automotive Rental P P P p ~ p p p p p Automotive/UghtTmckRepair-Minor P~P P P P p p p p Automotive~ck Repair-Ma~or P C P~ P P P C JC C Automotive Sales and Leasing C C C Automotive Se~ice Coud P P P P C P P P P Automotive SenEca Station c C c C C c c C c c C c Building Contractor's Office & Yards P P P Building Contra~or's Storage Yard p p Building Maintenance Se~ices P p P P p p p p pip pip Building & Light Equipment Supplies & Sales P C P C C P P C P C I C P Business Suppiy Retail & Seaices P P P P P P P p p p : p p , p 9usinessSuppo~Se~ices P P C P P C P P P C, P P P P P P ~ommuni~tion Se~ices P P P P P p p p ip p p p p p p p Convenience Sales & Se~ices c'C c~ P P ~c c C c c C Entertainment c c c c c c c c E~ensive Impact Commerciai c c c c Fast Fo~ Sales C C C C C C C Financial, Insurance & ReaJ Estate Seaices P P P P P P P C P JC C P P Fo~ &Beverage SaJes C C C C C C C, C C C Hea~ EquipmentSales &Rentals C C C C C, P J C C C C P HotelMotel p p p p p Ind~rWholesale/Retail Commercial C C I c C C C C; Laund~ Se~ices p p p p Medical~ealth Care Seaices P P I P P P P ' P P P P P p Personal Se~ices C C P P P P P C P P P Petroleum Produc~ Storage : C c C C C C Recreation FaciJ~ies C C C C C C C P C C P p p Repair Se~ices P P C P P P P P P i P P C R~taurants p p p p i p p p p Restaurants with Bar or Ente~inment C C C C i C C C C Special~ Building Supp[ies& Home Improvement P IP ~ndust~ Pa~ P - Pertained Use HO Haven Avenue ~e~ay Distdct C * Conditionally Pertained Use GI General Indus~al ~ - Non-marked Uses Not Periled Ml~l Minimum Impact He~W Indus~ A - A~ult Ente~inment Zoning Permit Required HI Hea~ Industd~ MU/OS Mixed Use / Open Space Thisis an except from th~ Industrial Area Specific Plan (ISP), Please refer to Table 111-2 of the ISP for a complete desc~ption of the land use definitions If you need help ~n determining the land use ~pe of a bus~ness, please contact the Planning ISP Page 1II-SA ~ 6/22/95 Kor. b. w. I/~ , 5ec. I~', T. I S., R T W. , S. B. B. EI M. Roncho CucamOnga City Tax Role Area  15051  ~ ,?~ - ARROW- sEc 1~'~~o e ,.... ,.- ~,~.,,~-,. Par. 3 Par. 6 Pal. 7 ,~ ~ ~ Par. 9 ~ ~ , ,e P~cel Mop No. 10~8,~M. 116/~7-4B ~orcel Map No. ~B~O ~ M. 14BIIB-20 BEVD ~/3~/9~ :c Land Use Designation General industrial Primary Function This area functions to provide for General InduStrial activities and to assure for a transitio~ p~a from the Heavy Industrial category located /~'t~- of this 'subarea. North of Arrow and west of Milliken, the industrial uses should be allowed to continue and expand with all service according to the development standards of the plan. Subarea 8 extends north of Arrow approximately 1OO0' east of Cleveland to the east Plan boundary including a portion south of Arrow along the eastern plan boundary. permitted Uses Custom Manufacturing Light Manufacturing Research Services Public Storage ~ ": Light Wholesale, Storage, and Distribution Medium Wholesale, Storage and Distribution Agricultural/Nursery Supplies and Services Automotive/Light Truck Repair-e~inor Automotive/Truck Repair-Major Building Contractor's Offices and Yards Building Maintenance Services Bull ding Supplies and Light Equipment Sales Business Supply Retail Sales and Services Business Support Services Communication Services Eating and Drinking Establishments Laundry Services Recreation Facilities Repair Services Administrative Civic Services Flood Control/Utility Corridor Conditional Uses Medium Manufacturing Administrative and Office professional/Design Services Animal Care Automotive Fleet Storage Automotive Rental/Leasing Automotive Service Station Convenience Sales and Services Entertainment Fast Food Sales Financial, Insurance and Real Estate Services Food and Beverage Sales Heavy Equipment Sales and Rentals Medical/Health Care Services ............. Personal Services ....... Petroleum Products Storage Public Assembly Public Safety and Utility Services Religious Assembly  i~l~ 120' Right-Of-Way - Day Creek Boulevard Milliken