HomeMy WebLinkAbout1996/05/22 - Agenda Packet CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION
AGENDA
WEDNESDAY MAY 22, 1996 7:00 P.M.
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBER
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
I. Pledge of Allegiance
II. Roll Call
Chairman Barker Commissioner Melcher
Vice Chairman McNiel __ Commissioner Tolstoy
Commissioner Lumpp
Ill. Announcements
IV. Approval of Minutes
April 24, 1996
V. Public Hearings
The following items are public hearings in which concerned 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 sign in after speaking.
A. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT
95-33 - FOOTHILL MARKETPLACE PARTNERS: A request to establish a
lube facility within an existing commercial retail center in the Regional Related
Commercial designation (Subare~t 4) of the Foothill Boulevard Specific Plan,
located on the south side of Foothill Boulevard, east of Interstate 15 -
APN: 229-031-37. Staff has prepared a Mitigated Negative Declaration of
environmental impacts for consideration. (Continued from April 24, 1996)
B. MODIFICATION TO ENTERTAINMENT PERMIT 89-01 MARl
CORPORATION - A request to expand the live entertainment to include
dancing and small bands (3-5 members) in conjunction with a restaurant
CShelley's"), located at 8038 Haven Avenue, Suite E - APN: 1077-661-03.
C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT
96-01 - NORTHTOWN HOUSING DEVELOPMENT CORPORATION - A
request to exceed the maximum density in exchange for providing affordable
housing units within a 14-unit apartment project on 1.38 acres of land in the
Low-Medium Residential designation (4-8 dwelling units per acre), located on
the south side of Main Street, between Archibald Avenue and Reid Avenue o
APN: 209-262-02. Staff has prepared aNegative Declaration of environmental
impacts for consideration. Related File: Development Review 95-21.
D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-21
- NORTHTOWN DEVELOPMENT CORPORATION - A request to construct
a 14-unit apartment project on 1.38 acres of land in the Low-Medium
Residential designation (4-8 dwelling units per acre), located on the south side
of Main Street, between Archibald Avenue and Reid Avenue
APN: 209-262-02. Staffhas prepared aNegative Declaration of environmental
impacts for consideration. Related File: Development Agreement 96-01.
E. DEVELOPMENT REVIEW 96-04 - DIVERSIFIED PACIFIC HOMES -
Review of the detailed site plan and building elevations for a previously
approved tract map firact 14072) consisting of 22 single family lots in the Low
Residential designation (2-4 dwelling units per acre), located at the southwest
comer of Highland Avenue and Jasper Street - APN: 201-212-17, 19, and 21.
Related File: Variance 96-07.
F. VARIANCE 96-07 - DIVERSIFIED PACIFIC HOMES - A request to reduce
the required perimeter boundary setback for one unit with a previously approved
tract map (Tract 14072) in the Low Residential designation (2-4 dwelling units
per acre), located at the southwest comer of Highland Avenue and Jasper Street -
APN: 201-212-17, 19, and 21. Related File: Development Review 96-04.
G. CONDITIONAL USE PERMIT 96-12 - PACIFIC BELL MOBILE SERVICES
- A request to construct a 40-foot high unmanned monopole within a 360 square
foot leased site in the Medium Residential District (8-14 dwelling units per acre)
of the Etiwanda Specific Plan, generally located west of the 1-15 Freeway and
north of Base Line Road at 7179 East Avenue - APN: 227-141-14.
H. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP 15726
- DIVERSIFIED PACIFIC HOMES - A request for a 17 lot subdivision on 4.61
acres in the Low Residential District (2-4 dwelling units per acre), generally
located south of Lemon Avenue and west of Hermosa Avenue
APN: 201-251-28. Staff has prepared a Negative Declaration of environmental
impacts for consideration. Related File: Development Review 96-07. (TO BE
CONTINUED TO JUNE 12, 1996)
I. DEVELOPMENT REVIEW 96-07 - DIVERSIFIED PACIFIC HOMES -
Review of the detailed site plan and building elevations for Tentative Tract
15726 consisting of 17 single family lots in the Low Residential District (2-4
dwelling units per acre), generally located south of Lemon Avenue and west of
Hermosa Avenue - APN: 201-251-28. Related File: Tentative Tract Map
15726. (TO BE CONTINUED TO JUNE 12, 1996)
VI. Public Comments
This is the time andplace for the general public to address the Commission. hems to be
discussed here are those which do not already appear on this agenda.
VII. Commission Business
VIII. Adjournment
The Planning Commission has adopted Administrative Regulations that set an 11.'00 P. It,Z
adjournment time. If items go beyond that time, they shall be heard only with the consent of
the Commission.
I, Oail Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, hereby certifj2 that
a true, accurate copy of the foregoing agenda was posted on May 16, 1996, at least 72 hours prior to
the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga.
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STAFF REPORT
DATE: May 22, 1996
TO: Chairman and Members of the Planning Commission
FROM: Brad Bul[er, City Planner
BY: Scott Murphy, AICP, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 95-33 -
FOOTHILL MARKETPLACE PARTNERS - A request to establish a lube facility
within an existing commercial retail center in the Regional Related Commercial
designation (Subarea 4) of the Foothill Boulevard Specific Plan, located on the
south side of Foothill Boulevard, east of Interstate 15 - APN: 229-031-37.
BACKGROUND
On April 24, 1996, the Planning Commission conducted a public hearing to review the redesign of
the "Oil Max" lube facility proposed soouthwest of In-N-Out Burger in the Foothill Marketplace
center. The applicant submitted three options for the Planning Commission's consideration. The
first option obtained access from the main entry drive east of the site. Exiting for the facility would
be taken to the west. The second option provided entry from a separate drive aisle north of the
facility and parallel to In-N-Out Burger's drive-thru lane. Vehicles entring the facility would perform
a modified U-turn to access the building. Exiting, as with the first option, would be to the west. The
final option considered was the original design proposed by the applicant.
After reviewing the options, the Commission determined that further review of the application was
required by the Design Review Committee. Given the small size of the site and the various
conflicts at this location, the Commission requested that the applicant explore a two-bay alternative.
Also, the applicant was asked to explore the possibility of providing the office area on the south
side of the building. The application was continued to the April 30, 1996, Design Review
Committee meeting and the May 22, 1996, Planning Commission meeting.
ANALYSIS
A. Desiqn Review Committee: On April 30, 1996, the Design Review Committee (Lumpp,
McNiel, Henderson) reviewed several site plan options using overlays. The options
discussed included:
.- 1. A 3-bay design with the office on the south side of the building. Access to the
facility comes off the main entry drive. The facility exits to the west.
2. A 2-bay design with the office on the south side of the building. Access to the
facility can be taken from the west side or from the main entry drive. With entry
from the west side, vehicles would exit the site to the north adjacent to the In-N-Out
drive-thru lane. Entry from the east would allow exiting to the west.
3. A 2-bay design with the office on the north side of the building. Access is similar to
the 2-bay with office area on the south side.
1TEN A
PLANNING COMMISSION STAFF REPORT
CUP 95-33 - FOOTHILL MARKETPLACE PARTNERS
May 22, 1996
Page 2
4. The original design of the facility with access from the west and exiting towards
In-N-Out.
After considering all the alternatives, the Committee maintained their position that the site
was too constrained for this type of use. However, given the direction of the City Council
accepting the use at this site, the Committee felt that the 2-bay alternative with access from
the main entry drive was the better d. esign, but agreed all alternatives would be presented
to the full Commission. The Committee felt the access between the site and In-N-Out site
should be designed with a rolled curb and tun~ block to minimize any "short-cut" attempts
by people trying to get to In-N-Out from the main entry. The applicant agreed to prepare
plans for the 2-bay alternative for full Planning Commission consideration, but noted to the
Committee that it was his opinion that his tenant would not accept a 2-bay alternative.
Revised drawings (Exhibits "B-2" and "B-4") have been submitted by the applicant showing
both a 3-bay and a 2-bay layout for Commission consideration. The resolution of approval
before the Commission tonight has been drafted without reference to a specific site plan.
All altematives including the 3-bay alternatives should be considered by the full Commission
tonight.
In reviewing the architecture, the Committee felt the columns and trellis shown on the
original elevations was preferred with the elimination of the cables. Also, the horizontal
trellis members could be slightly reduced in length to provide better proportions for the
trellis. Also. the Committee felt the original design of the service bays with the 5-foot recess
to the roll-up doors was more appropriate.
B. Environmental Assessment: Staff has reviewed the application and completed Part 2 of the
Initial study. Based on this review and input received during the Planning Commission and
City Council meetings, staff has determined that the on-site circulation functions at an
unacceptable level during peak times. The reconstruction of the drive aisle east of the site
to create a four-way intersection will help mitigate the existing conditions and the impact of
additional traffic from this project and planned projects. Staff recommends issuance of a
Mitigated Negative Declaration.
RECOMMENDATION: Staff recommends approval of Conditional Use Permit 95-33 through
adoption of the attached Resolution and that a Mitigated Negative Declaration be issued for the
project.
City Planner
Attachments: Exhibit "A" Site Utilization Map
Exhibit "B" - Alternative Site Plans
Exhibit "C" Building Elevations
Exhibit "D" Design Review Committee Minutes of April 30, 1996
Exhibit "E" Initial Study
Resolution of Approval
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The WllhO~ Alno Company
Foothill Marketplace
FOOthill Boulevard & EtlwBnda Avu~ue
Rancho Cucamonga. Califorr~ia
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DESIGN REVIEW COMMENTS
5:40 p.m. Scott Murphy April 30, 1996
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 95-33 - FOOTHILL
MARKETPLACE PARTNERS: - A request to establish a lube facility within an existing commercial
retail center in the Regional Related Commercial designation (Subarea 4) of the Foothill Boulevard
Specific Plan, located on the south side of Foothill Boulevard, east of Interstate 15 - APN: 229-031-37.
Background:
On April 24, 1996, the Planning Commission conducted a public hearing on the application. At the
conclusion of the meeting, the Commission continued the application to allow the application to return
to the Design Review Committee for further study of the design alternatives. Because of the short notice
of the meeting, plans will be presented to the Committee at the meeting.
Design Revie~v Committee Action:
Members Present: Heinz Lumpp, Larry McNiel, Larry Henderson
Staff Planner: Scott Murphy
The applicant presented several designs for the Committee's consideration. The options discussed
included:
1. A 3-bay design with the office on the south side of the building. Access to the facility comes off
the main entry drive. The facility exits to the west.
2. A 2-bay design with the office on the south side of the building. Access to the facility can be
taken from the west side or from the main entry drive. With entry from the west side, vehicles
would exit the site to the north adjacent to the In-N-Out drive-thru lane. Entry from the east would
allow exiting to the west.
3. A 2-bay design ~vith the office on the north side of the building. Access is similar to the 2-bay
with office area on the south side.
4. The original design of the facility with access from the west and exiting towards In-N-Out.
After considering all the alternatives, the Committee maintained their position that the site was too
constrained for this type of use. Given the direction of the City Council accepting the use at this site, the
Committee felt that the 2-bay alternative was the better design. The building could be oriented with the
office area to the south, provide access from the main entry drive, allow adequate landscaping around the
facility, and provide smoother ingress and egress for the building. The Committee felt the access
between the site and In-N-Out site should be designed with a rolled curb and turf block to minimize any
"short-cut" attempts by people trying to get to In-N-Out from the main entry.
In reviewing the architecture, the Committee felt the columns and trellis shown on the original elevations
,,;'as preferred xvith the elimination of the cables. Also, the horizontal treliis members could be slightly
reduced in length to provide better proportions for the trellis. Also, the Committee felt the original design
of the service bays with the 5-foot recess to the roll-up doors was more appropriate.
CITY OF RANCHO CUCAMONGA
NVIRONMENTAL CHECKLIST FORM
~NITIAL STUDY - PART II
BACKGROUND
1 ) Project File #/Name: ~!/D/Z'/~P,'VAL
2) Related File(s): (_Z.//o
3) Applicant: /r-'42Z-l//Q_.
Address: ~..~ ~'/.,t_d__.q' ~ c-~'/2'~'
Telephone #: C/'7/9',.) 75'7-
4) Project Description: Z-/.z,d~ .,~k.,7. o~/,z?' ,~A/ E,f/d'f /,,V~
5) Project Accepted as Complete (date): -//:
ENVIRONMENTAL IMPACTS
)ursuant to Section 15063 of the California Environmental Quality Act Guidelines, explanation of the
potential impacts identified as '"Yes" or "Maybe" answers are required on attached sheets. An explanation
shall also be provided 'F6 each instance where a potentially significant effect has been determined not to
be significant and is marked "No."
Yes Maybe No
I. EARTH. Will the proposal result in.'
a) Unstableearthconditionsorinchangesinthegeologicstructure? Q Q
b) Disruptions, displacement, compaction or over covering of the
soil? O O E("
c) Change in the topography or ground surface relief features? Q
d) The destruction, covering, or modification of any unique geologic
or physical features? Q Q
e) Anyincreaseinwindorwatererosionofsoils, eitheronoroffthe
· site?
f) Changes in deposition or erosion of beach sand, or changes in
siltation, deposition or erosion which may modify the channel of
ariverorstreamorthebedoftheoceanoranybay, inletorlake? El Q
g) Exposure of people or property to geologic hazards, such as
earthquakes, landslides, mudslides, ground tailure, or similar
hazards? El El
Yes Maybe No
II. AIR. Will the proposal result in:
a) Substantial air emissions or deterioration of ambient air quality? Q []
b) The creation of objectionable odors? [] [] r-Td/
c) Alteration of air movement, moisture, or temperature, or any
change in climate, either locally or regionally? [] [] r__d'/'
Ill. WATER. Will the proposal result in.'
a) Changesincurrents, orthecourseofdirectionofwatermovements,
in either marine or fresh waters?' [] []
b) Changes in absorption rates, drainage patterns, or the rate and F_/' El []
amount of surface runoff?
c) Alterations to the course or flow of flood waters? [] [] Et/'
d) Changes in the amount of surface water in any body?
e) Discharge into surface waters, or in any alteration of surface
water quality, including, but not limited to, temperature, dissolved -
oxygen or turbidity? El []
f) Alteration of the direction or rate of ground waters? Q [] I:~
g) Change in the quantity of ground waters, either through direct
additions or withdrawals, or through interception of an aquifer by
cuts or excavations? [] El El/'
h) Substantial reduction in the amount of water otherwise available
for public-water supplies? Q El
i) Exposure of people or property to water related hazards such as
flooding or tidal pools? El [] Et/'
IV. 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)? [] []
b) Reduction of the number of any unique, rare, or endangered :
species of plants? D [] r-d'/
c) Introduction of new species of plants into an area, or in a barrier
to the normal replenishment of existing species? [] rJ
.d) Reduction in acreage of any agricultural crop? [] []
V. ANIMAL LIFE. Will the proposal result in.'
a) Change in the diversity of species, or number of any species of
animals (birds; land animals, including reptiles; fish and shellfish;
benthic organisms or insects)? [] [] ra/'
b) Reduction of the number of any unique, rare, or endangered
species or animals? [] []
Yes Maybe No
c) Introduction of new species of animals into the area, or result in
a barrier to the migration or movement of animals? Q cj C-.-.Z'
d) Deterioration to existing fish or wildlife habitat? Q Q
VI. NOISE. Will the proposal result in:
a) Increase in existing noise levels? Q El Ef/
b) Exposure of people to severe noise levels? El Q
VII. LIGHT AND GLARE. Will the proposal:
a) Produce new Fight and glare? Q El
VIII. LAND USE. Will the proposal result in:
a) Substantial alteration of the present or planned land use of an
area? Q Q
IX. ' NATURAL RESOURCES. Will the proposal result in: ........
a) Increase in the rate of use of any natural resources? El El
X. RISK OF UPSET. Will the proposal involve:
a) A risk of an 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? E3 E~/' Q
b) ' Possibl~fi'nterference with an emergency response plan or an
emergency evacuation plan? El El
Xl. POPULATION. Will the proposal:
a) Alter the location, distribution, density or growth rate of the
human population of an area? CI El Eh//
XII. HOUSING. Will the proposal: :
a) Affectexistinghousing, orcreateademandforadditionalhousing? El El G("'
XIIL TRANSPORTATION/CIRCULATION. Wi~ the proposal result in:
a) Generation of substantial additional vehicular movement? El Ef/ i:~
b) Effects on existing parking facilities, or demand for new parking? Ed Q Q
c) Substantial impact upon existing transportation systems? C-d"" El El
d) Alterations to the present patterns of circulation or movement of
people and/or goods? El El Eft
e) Alterations to waterborne, rail or air traffic? El El
f) Increase in traffic hazards to motor vehicles, bicyclists, or
pedestrians?
Yes Maybe No
XIV. PUBLIC SERVICES. Will the proposal have an effect upon, or result in
a need for new or altered government services in any of the following
areas.'
a) Fire protection? Q El
b) Police protection? Q El
c) Schools? Q El
d) Parks and other recreational facilities? El El
e) Maintenance of public facilities, including roads? Q El
f) Other governmental services? El El
XV. ENERGY. Will the proposal result in:
a) Use of substantial amounts of fuel or energy? [::3 El
b) Substantial increase in demand upon existing.sources of energy, .
or require the development of new sources of energy? El El
XVI. UTILITIES and SERVICE SYSTEMS. Will the proposal result in a need
for new systems, or substantial alterations to the following utilities:
a) Power or natural gas? El Q
b) Communications systems? El El
c) , Water? ,,-- Q O
d) Sewer or septic tanks? El [::3
e) Storm water drainage? El El
f) Solid waste disposal? [::3 El
XVII. HUMAN HEALTH. Will the proposal result in.'
a) Creation of any health hazard or potential health hazard (exclud-
ing mental health)? El El
b) Exposure of people to potential health hazards? El El
XVIII. AESTHETICS. Will the proposal result in:
.a) The obstruction of any scenic vista or view open to the public? El [::3
b) Creation of an aesthetically offensive site open to public view? El El
XIX. RECREATION. Will the proposal result in.'
a) Impact upon the quality of existing recreational opporlunities? El El
b) Restrict the religious or sacred uses within the potential impact
area? Q El
Yes Maybe No
(X, CULTURAL RESOURCES. Wi~ the proposal:
a) Result in the alteration of or the destruction of a prehistoric or
historic archeological site? Q Q
b) Result in adverse physical or aesthetic effects to a prehistoric or
historic building, structure, or object? Q El F_~
c) Have the potential to cause a physical change which would affect
unique ethnic cultural values?
XXI. MANDATORY FINDINGS OF SIGNIFICANCE.
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 the major periods of California
history or prehistory? Q Q
b) Short-term: Does the project have the potential to achieve short-
term, to the advantage of long-term, environmental goals? (A
short-term impact on the environment is one which occurs in a
relatively brief, definite period of time. Long-term impacts will
endure ~v.e_ll into the future.)
c) Gum ulative: 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.) Q
d) Substantial adverse: Does the project have environmental
effects which will cause substantial adverse effects on human
beings, either directly or indirectly?
XXII. DISCUSSION OF ENVIRONMENTAL EVALUATION.
(Attach additional sheets with narrative description of the environmental impacts.)
XXIII. DISCUSSION OF LAND USE IMPACTS.
(Attach additional sheets examining whether the project would be consistent with existing zoning
plans, and other applicable land use controls.)
XXIV. EAR LIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program El R,
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). In this case a discussion should identify the following on attached
sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for
review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based
6H th'~' ~a'rli~r analysis. "' .........
c) Mitigation measures. For effects that are "less than Significant with Mitigation Incorpo-
rated," describe the mitigation measures which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
XXV. DETERMINATION. (To be completed by Lead Agency.)
On the basis of this initial evaluation:
a) I find that the proposed project coztld not have a significant effect on the environment, and
A NEGATIVE DECLARATION will be prepared ..............................
b) I find that although the proposed project could have a significant effect on the environment,
there wfil not be a significant effect in this case because mitigation measztres described on
an attached sheet have been added to the project.
A NEGATIVE DECLARATION will be prepared ..............................
c) I find the proposed project rngy have a significant effect on the environment, and
An ENVIRONMENTAL IMPACT REPORT is required ......................... ~1
//&'.
Date Preparer;~ Sign/atu;e,e,e,e,~
ENVIRONMENTAL CHECKLIST
Initial Study - Part II
Discussion of Environmental Evaluation
Project Description: Conditional Use Permit 95-33 - Foothill Marketplace Partners
Lube Facility on existing pad southwest of In-N-Out Burger
S/S Foothill. E/O 1-15
XXII. DISCUSSION OF ENVIRONMENTAL IMPACTS
I. Earth:
a) The site is not within any known unstable earth condition area.
b) The site will be graded to accommodate the building pad for the proposed
use. The grading will be conducted under the supervision of licensed
surveyor or registered geologist.
c) The topography of the site will be altered slightly to accommodate the
building pads. The grading will be supervised by a licensed soils engineer
or registered geologist to ensure compliance with Building Code
requirements.
d) No known or unique geologic or physical features exist on this site.
e) Upon completion, the site will be landscaped and/or paved to prevent soil
erosion.
f) The project will not drain directly into any body of water. The amount of run-
off generated by the project will not affect deposition or erosion of any body
of water.
g) The majority of California is susceptible to earthquakes. The project is not
within any known special study zone that will require additional studies or
that poses a unique hazard.
II. Air:
a) The project will not generate any emissions beyond what was previously
anticipated with the approval of the Master Plan for the center.
b) The proposed lube facility will not create any objectionable odors.
c) The proposed lube facility will not result in the alteration to the climate or air
movement.
III. Water:
a) The development of lube facility will not affect the currents or course of water
movement.
b) The absorption rate will be altered because of the paving and hard scape
proposed. All waters will be conveyed to approved drainage facilities which
have been designed to handle the flows.
INITIAL STUDY PART 2
RESPONSE TO COMMENTS
CUP 95-33
Page 2
c) The project will not alter the course or flow of flood waters.
d) The development of lube facility will not affect the amount of surface water
in any body.
e) The project will not be discharging into any surface waters.
f) No alteration of groundwater is expected to occur with this project.
g) No direct additions or withdrawals of ground water are proposed.
h) The project is anticipated to use only that amount of water necessary to
accommodate restroom facilities and occasional cleaning of the facility. The
amount of water usage is not significant.
I) The project is outside of the established flood plain.
IV. Plant Life:
a) No significant vegetation exists on-site.
b) There are no known rare, unique, or endangered species on-site.
c) Landscaping introduced to the site will be compatible with existing
landscaping material.
d) No agricultural crops exist on-site.
V. Animal Life,:
a) There are no known animals that currently occupy the site on a regular basis.
b) There are no known rare, unique, or endangered species on-site.
c) No new species will be introduced as a result of the project.
d) The project is located within the interior of the City, surrounded by
development. In that no animals currently use the site on a regular basis, the
development of the lube facility will have no impact on fish or wildlife habitat.
VI. Noise:
a) The development of lube facility will increase the noise level by the mere fact
that the property is currently vacant. The level of noise increase, however,
is not significant.
b) The noise levels will be no greater than the existing noise levels.
VII. Light and Glare:
a) New light and glare will be created because the property is currently vacant.
The amount of light and glare will be no greater than the existing
development surrounding the project.
VIII. Land Use:
a) No land use alteration is proposed with the application. The lube facility is
conditionally permitted in the Regional Related Commercial designation of
the Foothill Boulevard Specific Plan.
INITIAL STUDY PART 2
RESPONSE TO COMMENTS
CUP 95-33
Page 3
IX. Natural Resources:
a) The installation of a lube facility will result in minimal added consumption of
petroleum products. The increased usage is not considered significant.
X. Risk of Upset:
a) The use of petroleum products does pose concern to the Fire Department.
Special permits will be required by the Fire District to minimize the potential.
The impact is not considered significant.
b) The lube facility construction will not interfere with emergency response.
Xl. Population:
a) The project will have no impact on the population of the City.
XII. Housing:
a) The project will not create the need for additional housing.
XIII. Transportation:
a) The project will generate additional trips because of the new construction
and the type of business. The number of trips, while low for this use, does
have a cumulative impact on the already poor interior circulation for the
center. A study prepared by WPA Traffic Engineering Inc., dated October 3,
1994, of the existing on-site intersection to the east, which serves the subject
facility, concluded that existing traffic conditions were unacceptable. In order
to improve the circulation to acceptable levels, the intersection east of the
project should be reconstructed as a four-way intersection.
b) Additional parking will be necessary to handle the patrons and staff of the
facility. The site is sufficient in size to provide the additional parking spaces
to meet the parking requirements.
c) The existing traffic conditions on-site result in serious delays during peak
hours because of the poor circulation. Much of this is attributable to the off-
set intersection east of the site. The additional trips will compound the
existing conditions. To improve the circulation to an acceptable level, the
project should reconstruct the intersection to create a traditional four-way
intersection. This will improve the efficiency of the intersection and of the
center's circulation system.
d) The project will maintain the existing circulation patterns for the movement
of goods.
e) The project will not affect air, water or rail traffic.
f) The application is expected to increase the risk of traffic hazards because of
the new construction. The driveways have been spaced to provide
maximum safety available and pedestrian amenities (sidewalks) have been
installed as part of the center development. The impact is not significant.
INITIAL STUDY PART 2
RESPONSE TO COMMENTS
CUP 95-33
Page 4
XIV. Public Services:
a) The project will require additional permitting and inspection by the Fire
District to ensure Code compliance. The impact is not significant.
b) No substantial new services are expected with the project.
c) The school districts having jurisdiction have notified the City of the current
impaction problems. The project, however, will not increase the number of
students.
d) The project will have no impact on existing park facilities or result in the need
for additional facilities.
e) The site abuts a road that is being maintained by the City. No additional
impacts on public facilities are expected.
0 No other government services are expected to be affected by this proposal.
XV. Energy
a) The project is not expected to use substantial amounts of fuel or energy.
b) The development is not expected to result in substantial increase on the
demand of existing energy sources or the need for new energy sources.
XVI. Utilities and Service Systems:
a) The facility will utilize existing power or natural gas systems.
b) The facility will utilize existing communication systems.
c) The facility will use water readily available on-site.
d) The discharge from the site will be handled by the existing sewer facilities.
e) An existing storm drain is located on the west side of the project and has
been designed to handle the flows generated by the site.
f) No significant solid waste disposal will be necessary to serve the site.
XVII. Human Health:
a) The development is not expected to create any health hazard.
b) No exposure of people to potential health hazards is expected.
XVIII. Aesthetics:
a) The project will not obstruct any view or vista currently available to the public.
b) The project will conform to the strict design guidelines of the City thereby
eliminating any offensive site visible to the public.
XIX. Recreation:.
a) No existing recreational facilities will be impacted by the facility.
b) No known religious or sacred uses are presently conducted on-site.
XX. Cultural Resources:
a) No known prehistoric or historic site exists within the project boundaries.
b) No known prehistoric or historic site exists within the project boundaries.
J
INITIAL STUDY PART 2
RESPONSE TO COMMENTS
CUP 95-33
Page 5
c) The project should not impact any unique ethnic cultural values.
XXI. Mandatory Findings of Siqnificance:
a) No known animal or wildlife species are expected to be substantially
adversely impacted by the project.
b) There are no known long-term environmental impacts that are expected to
occur as a result of the project.
c) The Foothill Marketplace center currently experiences traffic delay and
congestion on-site during peak hours. Much of this delay is attributable to
the offset intersection east of the proposed site. Traffic from the lube site will
use the intersection. The additional trips, while not significant on their own,
will have a cumulative impact on the interior circulation of the center. To
mitigate this impact, the project will be conditioned to reconstruct the
intersection east of the site to create a four-way intersection. This will
improve the circulation to an acceptable level.
d) It is not anticipated that the project will have any adverse impacts on human
beings.
XXIII. DISCUSSION OF LAND USE IMPACTS
The application is conditionally permitted within the Regional Related Commercial
designation of the Foothill Boulevard Specific Plan.
XXIV. EARLIER ANALYSES
a) In completing the Initial Study, the following documents were used:
1 ) The previous Negative Declaration adopted by the City on August 27,
1991. This document is available for review at the Planning Division,
10500 Civic Center Drive, Rancho Cucamonga, CA 91730.
2) The Master Environmental Assessment for the General Plan. This
document is available for review at the Planning Division, 10500 Civic
Center Drive, Rancbo Cucamonga, CA 91730.
3) The Foothill Boulevard Specific Plan EIR. This document is available
for review at the Planning Division, 10500 Civic Center Drive, Rancho
Cucamonga, CA 91730.
4) Traffic study prepared by WPA Traffic Engineering Inc. dated
October 3, 1994.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT 95-33, A REQUEST TO ESTABLISH A LUBE FACILITY
WITHIN AN EXISTING COMMERCIAL RETAIL CENTER IN THE
REGIONAL RELATED COMMERCIAL DESIGNATION (SUBAREA 4) OF
THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE
SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF INTERSTATE 15,
AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-37
A. Recitals.
(1) Foothill Marketplace Padhers has filed an application for Conditional Use Permit
95-33 as described in the title of this Resolution. Hereinafier in this Resolution, the subject
Conditional Use Permit request is referred to as the "application."
(2) On January 10, 1996, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and. following the conclusion of said
public hearing, adopted Resolution No. 96-01, thereby recommending to this City Council that said
application be denied.
(3) The decision represented by said Planning Commission Resolution was timely
appealed to the City Council.
(4) On February 21, 1996, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
After concluding the public hearing, the City Council referred the application back to the Planning
Commission with the direction to resolve the design issues associated with the project.
(5) On April 24, 1996. the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and continued said hearing to May 22,
1996.
(6) On May 22, 1996, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public headng on the application and concluded said hearing on that date.
(7) 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 public hearing on April 24 and May 22, 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 south of Foothill Boulevard east
of Interstate 15, with a lot width of 125 feet and lot depth of 130 feet, and is a graded pad presently
improved with parking and a drive aisle; and
PLANNING COMMISSION RESOLUTION NO.
CUP 95-33 - FOOTHILL MARKETPLACE PARTNERS
May 22, 1996
Page 2
(b) The property to the nodh of the subject site is designated for commercial
uses and is developed with a church. The properly to the south and east of the subject site is
designated for commercial uses and is developed with a commercial retail center. The properly to
the west is designated and developed for freeway purposes; and
(c) The applicant proposes to construct a 1,900 square foot lube facility which
is conditionally permitted within the Regional Related Commercial designation of the Foothill
Boulevard Specific Plan; and
(d) The application proposes the construction of a three-bay lube facility,
including a customer waiting area; and
(e) The facility will be bounded on the south, east, and west by existing and
proposed circulation elements, in particular, a ddve-thru lane serving 'a fast food restaurant whose
ingress adjoins the subject sile; and
(f) Vehicular traffic to this facility is served via an existing system of two-way
drive aisles which includes an adjoining dual 'T' intersection that is presently congested. A study
prepared by WPA Traffic Engineering Inc.. dated October 3, 1994, concluded that any additional
development in this shopping canter would necessitate improvements to this intersection to improve
traffic flow to an acceptable level.
(g) The application, with the attached conditions of approval, will comply with
the applicable provisions of the Foothill Boulevard Specific Plan and the Development Code; and
(h) The construction of a lube facility is consistent with the Regional Related
Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of
the General Plan.
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
Development Code, 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 propedies or
improvements in the vicinity.
c. The proposed use complies with each of the applicable provisions of the
Development Code.
4. Based upon the facts and information contained in the proposed Mitigated
Negative Declaration, together with all written and oral repods included for the environmental
assessment forthe 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 Mitigated Negative
Declaration based upon the findings as follows:
PLANNING COMMISSION RESOLUTION NO.
CUP 95-33 - FOOTHILL MARKETPLACE PARTNERS
May 22, 1996
Page 3
a. That the Mitigated Negative Declaration has been prepared in compliance
with the Califomia 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 753.5(c) 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 Mitigated Negative Declaration for the project, there is no evidence that
the proposed project will have potential for an adverse impact upon wildlife resources or the habitat
upon which wildlife depends. Further. based upon substantial evidence contained in the Mitigated
Negative Declaration, the staff reporls and exhibits, and the information provided to the Planning
Commission dudng the public headrig, the Planning Commission heraby rebuts the presumption of
adverse effect as set forth in Section 753.5(c-1 -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
for[h below and in the Standard Conditions, attached hereto and incorporated heroin by this
reference.
Planninq Division
1) Approval is granted for the construction of a lube facility
consistent with the Site Plan attached as Exhibit" "The final
plans shall be reviewed and approved by the City Planner prior
to the issuance of building permits.
2) Extensive landscaping shall be provided on the west and east
sides of the facility to screen visibility into the service bays. The
final plans shall be reviewed and approved by the City Planner
prior to building permit issuance.
3) The building elevations shall be revised to provide the two-bay
design. The facility's architecture shall be consistent with the
center's architecture. The final plans shall be reviewed and
approved by the City Planner prior to the issuance of building
permits.
4) The trellis and column design at the service bay openings shall
be provide the columns pulled away from the building, a five-foot
recess from the bay opening to the roll-up door on the entry side
shall be provided, and the cable supports shall be eliminated.
The final plans shall be reviewed and approved by the City
Planner prior to the issuance of building permits.
PLANNING COMMISSION RESOLUTION NO.
CUP 95-33 - FOOTHILL MARKETPLACE PARTNERS
May 22, 1996
Page 4
(5) The access between the lube facility and In-N-Out Burger shall
be designed with a rolled curb and tuff block. The final design
shall be reviewed and approved by the City Planner prior to
building permit issuance.
Engineerinq Division
1) Pdor to the issuance of building permits, all public improvements
required by the conditions of approval for Parcel Map 13724 shall
be completed to the satisfaction of the City Engineer.
2) If the connection between the public and private storm drain on
this parcel is modified or relocated, the storm drain plans
(Drawing 1468-D) shall be revised to the satisfaction of the City
Engineer and Building Official.
Environmental Mitiaation Measures
1) The on-site intersection east of the site shall be reconstructed
prior to occupancy as a four-way intersection. The final design
of the intersection shall be reviewed and approved by the City
Planner prior to building permit issuance.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 1996.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
Aa'FEST:
Brad Buller, Secretary
,. I, Bad 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 22rid day of May 1996, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
COMMUNITY DEVELOPMENT
Ran~'h~-;~-~nga
DEPARTMENT
STANDARD CONDITIONS
SUBJECT:
·
APPLICANT; .,,/"~'/~/'/~
Those items checked are Conditions of Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION ~ (909) 989-1861~ FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Limits
~ 1. Approval shall e×pire, unless extended by the Planning Commission, if building permits are ~/ /
not issued or approved use has not commenced within 24 months from t he date of approval.
2. DevelopmenfJDesign Review shall be approved prior to / / .J /
3. Approval of Tentative Tract No. . is granted subject to the approval of J /
4. The developer shall comme rice, participate in, and consummate or cause to be commenced .__/ /
participated in. or consummated, a Mello-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a fire station to serve the development. The station shall be located, designed, and built to
all specifications of the Rancho Cucamonga Fire Protection District, and shall become the
District's property upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station, the developer shall comply with all
applicable laws and regulations. The CFD shall be lormed by the District and the developer
by the time recordation of the final map occurs.
5. Prior to recordation of the final map or the issuance of building permits, whichever comes JJ
first, the applicant shall consent to, or participate in, the establishment ol a Mello-Roos
Community Facilities District for the construction and maintenance of necessary school
tacilities. However, if any school district has previously established such a Community
Facilities District. the applicant shaH. in the alternative, consent to the annexation of the
project site into the lerritory of such existing Dislrict prior to the recordation of the final map
or the issuance of building permits, whichever comes first. Further, if the affected school
dislrict has not formed a Mello-Roos Community Facilities District within twelve months from
the date of approval of the project and prior to the recordation of the final map or issuance
of building permits for said project, this condition shall be deemed null and void.
so- ~o/94 1
This condition shall be waived if the City receives notice that the applicant and all affected
school districts have entered into an ag reeme nt to privately accommodate any and all school
impacts as a result of this project.
6. Prior to recordation of the final map or prior to issuance of building permits when no map is .__J /
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 priorto final map approval in the case of subdivision or prior to issuance
of permits in the case of all other residential projects.
B. Site Development
t'// 1. The site shall be developed and maintained in accordance with the approved plans which .--J /
include site plans, architeclural elevations, extedor materials and colors, landscaping, sign
program. and grading on file in the Planning Division, the conditions contained herein
Development Code regulations, and
.Specific Plan and
Planned Community.
2. Prior Io any use of the project site or business activity being commenced lhereon, all __../ ' /
Conditions of Approval shall be completed to the satisfaction of the City Planner.
3. Occupancyofthefacil~yshallnotcommenceunlilsuchtimeasallUniformBuildingCodeand ___/ /
State Fire Marshall's regulations have been complied with. Priorto occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior to
occupancy.
Z 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be J /
submitted for City Planner review and approval prior to issuance of building permits.
V/' 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for ---/ /
consislency pdor 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 ._J /
Code, all other applicable City Ordinances, and applicable Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
V/ 7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and .--/ /
Sheritf's Department (989-6611) 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. If no centralized lrash receptacles are provided, alltrashpick-upshall be for individual units / /
with all receptacles shielded from public view.
v/' 9. 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 issuance of building permits.
10. 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, herruing, and/or landscaping to the satisfaclion of the City
P,anner.
SC- 10/94 2
11. Street names shall be submitted for City Planner review and approval in accordance with j /
the adopted Street Naming Policy prior to approvai of the finat map.
V/' 12. All building numbers and individual units shall be identified in a clear and concise manner .J /
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and / /
weed control, in accordance with City Master Trail drawings, shall be submitted for City
Planner review and approval priorto approval and recordation of the Final Tract Map and prior
to approval of street improvement and grading plans. Developer shall upgrade and construct
all trails, including fencing and drainage devices, in conjunction with street improvements.
14. The Covenants, Conditions and RestdctiGns (CC&Rs) shall not prohibit the keeping of equine ._.J /
animals where zoning requirements forthe keeping of said animals have been met. Individual
lot owners in subdivisions shall have the option of keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC&Rs.
15. The Covenants, Conditions, and Reslricfions (CC&Rs) and Arlicles of Incorporation of the __/ /
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded conc~rrenfly with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
....... provided to the City Engineer.
16. All parkways, open areas, and landscaping shall be permanently maintained bythe properly ..J /
owner, homeowners' association, or olher means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or ._--/ /
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system. The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with lhe recordeffort of the final map or
issuance of permits, whichever comes first. The easements shaft prohibit the casting of
shadows by vegetation, structures, fixtures or any other object, except for utility wires and
similar objects. pursuant to Development Code Section 17.08.060-G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and / /
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further modifications to the site including, but not limited to, extedor alterations and/or
interior alterations which affect the exterior of the buildings or structures, removal of landmark
trees. de rnolition, relocation, reconstruction of buildings or structures, or changes to the site,
shall require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
C. Building Design
1. An alternative energy system is required to provide domestic hot water for all dwelling units JJ
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in the building plans and shall be submitted for City Planner review and approval
prior to the issuance of building permits.
2. All dwellings sha~ have the front, side and rear elevations 'upgraded with architectural J /
treatment. detailing and increased delineation of surface treatment subject to City Ptanner
review and approval pdor to issuance of..~iL_%ng~permits.
SC- ]0/94 3
Proi'~cl ~'o.' :",_~
3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for j /
City Planner and Building Official review and approval prior to issuance ol building permits.
V/ 4. All roof appurtenances. including air conditioners and other root mounted equipment and/or J /
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 Oity Planner.
Details shall be included in building plans.
D. Parking and Vehicular Access (indicate details on building plans)
1. All parking Iol landscape islands shall hate a minimum outside dimension ot S feet and shall / /
contain a 12-inch walk adjacent to the parking stall (including curb).
2. Texlured pedestrian pathways and textured pavement across circulation aisles shall be / /
provided throughout the development Io connect dwellings/units/buildings with open spaces/
plazas/recreational uses.
3. All parking spaces shall be double striped per Ot~y standards and all driveway aisles, .__/ /
entrances, and exits shall be s~riped per Oily standards.
4. All unils shall be provided with garage door openers it driveways are lesslhan18teet in ---J /
........ deplh from back ol sidewalk.
5. The Oovenanls, Oonditions and Restrictions shall restrict the storage of recreational vehicles --.--/ /
on this sile unless they are the principal source of transportation tot lhe owner and prohibi~
parking on interior circulation aisles other than in designated visitor parking areas.
6. Plans lot any security gales shall be submitled for the Oily Planner, Oity Engineer, and .-J /
Rancho Oucamonga Fire Protection District review and approval prior to issuance of building
permits.
E. Landscaping (tot publicly maintained landscape areas, refer to Seelion N.)
1. A detailed landscape and rr gation plan, including slope planting and model t~me landscap- ---/ /
ing in the case ot residential development, shall be prepared by a licensed landscape
architect and submilled lot Oity Planner review and approval priorto the issuance ot building
permits or prior final map approval in the case ot a custom Io~ subdivision.
2. Existing trees required to be preserved in place shall be protected wi~h a construction barrier / /
in accordance w th the Mun c pa Code Section 19.08.110, and so noted onthe grading plans.
The location of those trees to be preserved in place and new locations for transplanted trees
shall be shown on the detailed landscape plans. The applicant shall follow all of the arberist's
recommendations regarding preservation, transplanting and tdmming methods.
3. Aminimumof treespergrossacre,comprisedofthefollowingsizes, shallbeprovided J /
within the project: % - 48- inch box or larger, % - 36- inch box or larger,
__ % - 24- inch box or larger, % - 15-gallon, and ~% - 5 gallon.
. 4. A minimum of ~ % of trees ptanted within the project shall be specimen size trees - J /
24-inch box or larger.
I//' 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three J /
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
SC -1o/94 4
6. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one Completion Date:
tree per 30 linear feet of building. ---J /
Vl' 7. AIIprivateslopebanksSfeetorlessinverticalheightandof5:l orgreaterslope, butlessthan J /
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 installed by the developer prior to occupancy.
8. AII private slopes in ex cess of S feet. but less than a feet inverticalheightandot2:lorgreater
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 of 2:1 or greater slope shall also include one
5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be
planted in staggered clusters to soften and vary slope plane. Slope planting required by this
section shall include a permanenl irrigation system to be installed by the developer prior to
occupancy.
9. For single family residential development, all slope planting and irrigation shall be continu-
ously mainlained in a healthy and lhfiving conditio n by the developer until each individual unit
is sold and occupied by the buyer. Priorto releasing occupancy forthose units, an inspection
shall be conducted by the Planning Division to determine that they are in satisfactory
condition.
10. For multi-family residential and non-residential development, property owners are respon- J /
sible for the continual maintenance of all 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 a 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.
11. Front yard landscaping shall be required per lhe Development Code and/or
· This requirement shall be in addition to the required
street trees and slope planting.
12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be U /
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.
13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander- U /
ing sidewalks (with horizontal change), and inlensified landscaping, is required along
14. Landscaping and irrigation 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.
15. All walls shall be provided with decorative treatment. If located in public maintenance areas.
the design shall be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and submitted for City Planner review and
approval prior to issuance of building permits. These criteda shall encourage the natural
growth charaderistics of the selected tree species.
17. 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.
SC- 10/94 5
F. Signs
V/ 1. The signs indicated on the submitted plans are conceptual only and not a pad of this approval.
Any signs pro~sed for this development shall compiy with the Sign Ordinance and shaU
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 submi~ed for City Planner review and
approval pdor to issuance of building perm~s.
3. Directo~ monument sign(s) shall be provided for apadment, condominium, or townhomes
prior to occupancy and shaft require separate application and approvar by the Planning
Division prior to issuance of building pe~s.
G. Environmental
1. The developer shall provide each prospective buyer wrYten ~tice of the Foudh Street Ro~
Crusher proje~ in a standard fo~at as determined by the C~y Planner, prior to accepting a
cash de~s~ on any prope~.
2. The develo~r shall provide each prospedive buyer wr~en notice of the C~y Adopted
S~cial Studies Zone for the Red Hill Fault, in a sta~ard format as determined by the C~y
Planner, prior to a~epting a ~sh de~s~ on any pro~dy.
3. The develo~r shall provide each prospedive buyer wr~en ~tice of the Foothill Freeway
proled in a standard fo~at as determined by the C~y Planner, prior to accepting a cash
deCsit on any properly.
4. A final a~umica] repod shaft ~ subm~ted for Ci~ Planner review and approval prior to the
issua~e of ~i~ing ~rm~s. The final repod shall discuss the level of interior noise
attenuat~n to below 45 CNEL, the building materials and ~nstm~ion techniques provided,
and ~ appropriate, verify ~he adequacy of the mitigat~n ~asures. The building plans will be
checked for ~nfor~nce with the mitigation measures contained in the final re~d.
H. ~her Agencies
/ . 1. E~rge~y se~nda~ a~ess shall be provided in a~rdance w~h Rancho Cucamonga Fire Protedion Di~rict Standards.
2. Emergency a~ess shall be provided. maintenance [ree and clear. a minimum of 26 feet wide
at nil times during constm~ion in a~rdance w~h Rancho Cucamonga Fire Protection
Distri~ requirements.
3. Prior to issuance o~ building permits for combustible construction, evidence shall be
submitted to the Rancho Cu~nga Fire Protection Distri~ that tem~ra~ water supply for
fire protection is available, peking ~mpletion of required fire protection system.
4. The appli~nt shall conta~ the U.S. Postal Sewice to determine the appropriate type and
location of mail ~xes. Mu~i-family residential developments shale provide a solid overhead
structure for mail boxes with adequate lighting. The finn] location of the mail boxes and the
design of the overhead structure shaft be subje~ to C~y Planner review and approval prior
to the issuance of building perils.
5. For projects using septic tank facilities, written cedffication of acceptability, including all ---J /
supportive information, shall be obtained from the San Bemardino Counfy Depadment of
Environmental Heallh and subm~ted to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
SC- 10/94 6
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR
2OMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
1. The applicant shall ~mply with the latest adopted Uniform Building Code, Uniform Mechani- J
cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable ~des
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.
2. Prior to issuance of building permits for ~ new residential dwelling unit(s) or major addition J
to existing uriC(s), the applicant shall pay developme nt fees at the estabfish ed rate. Such fees
may include, but am not limped to: C~y Beautffication Fee, Pa~ Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Checking Fees, a~ School Fees.
~ 3. Prior to issuance of building ~rm~s for a new ~mmercial or industrial development or
addition lo an existing devebp~nt, the appli~ shall pay development fees at the
established rate. Such fees may include, but are ~I limited to: Syste~ Development Fee,
Drainage Fee, ~ol Fees, Perm~ and Plan Chec~ng Fees.
~ 4. Street addresses shall be p~vided bythe Building ~icial, a~ertra~parcel map recordafion J /
and prbr to issuance of building ~rm~s.
J. Existing Stru~ures
1. Provide ~mpliance w~h the Uniform Building C~e for the prope~y line clearances J /
considering use, area, and fire-resi~iveness of exisli~ buildings.
2. Existing buildings shall ~ ~de to ~mply w~h ~ff~ building and zoning mgulalbns for J I
the inte~ed use or the building shall ~ demolished.
3. Existing sewage disposal facil~ies shall be re ~ved, filled anger capped to ~mply with the
Uniform Plumbing Code and Uniform Building Code.
~ 4. Underground on-site util~ies are to be bcated and s~wn on building plans subm~ed for J /
building perm~ application.
K. Grading
~ 1. Grading of the subjed properly shall ~ in accorda~e w~h the Uniform Building Code, C~y J /
Grading Standards, and accepted grading pradi~s. The final grading plan shall be in
substantial conformance with the approved grading plan.
~ 2. A soils re~ shall be prepared by a qualified engineer licensed by the State of California to J /
perform such wo~.
3. The development is located w~hin the soil erosion ~ntrol ~undaries; a ~il Distu~ance J /
Perm~ is required. Please contad San Bernardino County Depadment of Agriculture at (714)
387-2111 for permit application. Documentation of such perm~ shall be subm~ted to the City
prior to the issuance of rough grading permit.
~ 4. A geological re~d shall be prepared by a qualified engineer or geologist and submitted at J /
/the time of application for grading plan check.
5. Thefinalgradingplansshallbe~mpletedandapprovedpriortoissuanceofbuildingpermifs. J /
SC - ]0/94 7
CITY OF RANCHO CUCAIViONGA '
STAFF REPORT
DATE: May 22, 1996
TO: Chairman and Members of the Planning Commission
FROM: Brad Bulter, City Planner
BY: Scott Murphy, AICP, Associate Planner
SUBJECT: MODIFICATION TO ENTERTAINMENT PERMIT 89-01 - MARl CORPORATION -
A request to expand the live entertainment to include dancing and small bands (3-5
members) in conjunction with a restaurant ("Shelley's'), located at 8038 Haven
Avenue, Suite E -APN - 1077-661-03.
ANALYSIS:
A. Backqround: On April 12, 1989, the Planning Commission approved an Entertainment Permit
for Shelley's Restaurant to allow musical entertainment on Friday nights from 9:00 p.m. to
1:00 a.m. The permit allowed small bands to play within the bar area. No dancing or cover
charge was permitted.
B. General: The applicant is now requesting an expansion of the use to allow musical
entertainment and dancing Monday through Thursday from 8:00 p.m. to 12:00 midnight,
Fdday and Saturday from 9:00 p.m. to 1:00 a.m., and Sunday from 7:00 p.m. to 11:00 p.m.
The primary entertainment nights will be Thursday through Saturday. The bands would be
3 to 5 piece groups playing primarily jazz and blues music. All activities will be conducted
within the building. As with the previous application, no admission charge will be required.
In 1989, Shelley's did not request dancing; however, they are now requesting that their
customers be allowed to dance. The City's Entertainment Ordinance requires a "duly
licensed and uniformed security guard at all times such dancing is permitted" where the
dance floor exceeds 150 square feet. Planning Condition No. 4 in the attached resolution
addresses this issue.
C. Compatibility: In reviewing Entertainment Permits, one of the key components is the
compatibility with the surrounding area. Shelley's current location is in the food court of the
Virginia Dare Winery complex. The complex is a mixed-use development providing office,
retail, and entertainment space. The majority of the uses operating during the proposed
entertainment hours are other restaurant and/or entertainment businesses as the office and
retail uses close around 5:00 p.m. Also, the complex is located approximately 1,200 feet
from the nearest residential units. Given these factors, staff believes the entertainment will
not have a negative impact on the surrounding uses. Staff found no record of any code
enforcement complaints for Shelley's. A condition, however, has been included in the
Resolution that allows the Planning Commission to review the application should complaints
be received about the entertainment.
D. Police Department Review: As part of the application request, the Police Department has
reviewed the service requests received from Shelley's Restaurant. The Police Department
does not view the proposed expansion of the entertainment as a negative impact
(Exhibit "D").
llEFl B
PLANNING COMMISSION STAFF REPORT
EP 89-01 MARl CORPORATION
May 22, 1996
Page 2
FACTS FOR FINDING: In order for the Planning Commission to approve the modification to the
Entertainment Permit, the Planning Commission must make the following findings:
A. The conduct of the establishment or the granting of the application would not be contrary to
the public health, safety, morals, or welfare.
B. The premises or establishment is not likely to be operated in an illegal, improper, or disorderly
manner.
C. The applicant or any person associated with him as principal or partner, or in a position or
capacity involving partial or total control over the conduct of the business for which such
permit is sought to be issued, has not been convicted in any court of competent jurisdiction
of any offense involving the presentation, exhibition, or performance of any obscene show
of any kind, or of a felony or of any crime involving moral turpitude, nor has had any approval,
permit, or license issued in conjunction with the sale of alcohol or the provision of
entertainment revoked within the preceding five years.
D. That granting the application would not create a public nuisance.
E. That the normal operation of the premises would not interfere with the peace and quiet of any
surrounding residential neighborhood.
F. The applicant has not made any false, misleading, or fraudulent statement of material fact
in the required application.
To the best of staffs knowledge, there is no information indicating anything contrary to these
findings.
CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Dailv
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 Modification to Entertainment Permit
89-01 through adoption of the attached Resolution.
Attachments: Exhibit "A" Location Map
Exhibit "B" - Site Plan
Exhibit "C" - Entertainment Permit Application
Exhibit "D' - Police Calls for Service
Resolution 8949 Approving Entertainment Permit 89-01
Resolution of Approval For Modification to Entertainment Permit 89-01
89-01 Mod
Location Map
0.24 0 0.24 0.~
IPROJECT: ~/
EXHIBIT:
IPROJECT:
EXHIBIT:
ENTERTAINMENT PERMIT APPLICATION.
Applicants for entertainment permits shall complete the [ollqwing questionaire:
PLEASE PKFNT OR TYPE
A. The name and permanent address of, applicant:.
rak-'>~/&~gE,POA,e77C~N'
Name
__e,_O_~.~___j--i'h")'VEZV AVE ~f::~
Permanent Address
--- -.
B. The ........... -~
and business 'address of' the applicant:
.... 'F, t""t'-'~'~ '~,,~ cazren~, ff any, " ' ' '
Name (Current and PrOposed) ...................
Business Address "
C. A detailed description of the proposed entertainment, including type of
entertainment, and number of persons engaged in the entertainment (may attach
seperate sheets ff necessary): . _' '::T , . -'2 '; ._ - - ' ':
Z,J_v_~__,=,TAz-?--- ~_~__-___5'___l'_'_'_'_'_'_'_'_'_'~Z~o I,,/5
D. The date or day-of-week, hours and location of entertainment (attach floorplan),
and the admission fee, Lf any, to be charged:
' .... /'2J'Jd__C__-_ ~ I - ,~,&7' N/~ k~r, ,~Aff~ TTH~
............... : ......... L~ .......... '_ "T'H'-~
........... e:,'Z' ............................
,kg,_ 7,s-,pD 3-d-q/r
E. The name(s) of the person(s) responsible for the management or supervision
applicant's business and of any entertainment:
f~H ,~ ~n E/~_-4__~C~_~___ _~_T__~_~ _~ ZC~_~_ _C~~
r. A gfatement of 'th~ hitiire and character' of ai~pliclmt's'Iddsiness, if in~, 'to ~
c~ried on in conj~c~on with such entertainment, i~dudi~g Wheth~ o~ not
~cohol ~ ~ '~ed ~'p~t of sh~ busihess:
...... ~___~~2~1
G. Whether or not the applicant or any person responsible for the management or
supervision of applicant's business have been, within the previous ten years,
convicted of a crime, the nature of such offense, and the sentence received therefor
including conditions O~ pari~le or probation, if any:'
.............. '-
' ' ~, ' '. 7'~.~: ::' - ." '
H. Whether or not applicant has ever had any permit or license issued in ·
conjunction with the sale of alcohol or provision of entertainment revoked,
including the date thereof and name of the revoking agency,:
Any false, misleading br fr~'uialent statement df mat~iial fact ~n't~i~ required'
application shall be grounds for denial of the application for an entertainment
permit.
c.~ oF ~,~c.o CUC~O~G~ U n jfo rlTI
Con'anunity Development Department
Application
Rmacho Cncamoeg=, CA 91730
<~Gg). ,7~-=7so Part 1
N.~= ~ rmpo~a ~ (staff use only)
~-'---',~ o, ~r~ YtLE NO.:
~t'~ N~ ~ N~
Type Of Review Reque~ed ('Please Che~k All Applicable Boxes)
[~ Community Ran Amendment .D General Plan Amendment I~1 Tentative Parcel Map
O Condilional UR: P,h n.;t 0 HilNide Development >4 DU [~ Tentative Tract Map
~ Conditional Use Permit ~ ~-lilklde Development <4 DU rl Vacation of Public Right-of-way
(Noo-Consn'uction) n Landmark AJtt:rafion Ptrrmit orEase. ment
O DeWDesign Review- Comm/Indus ~ Lot Line Adjuslment ~ Varianr~
1'1 Dev/De,~ign Review- Residential ~ Minor Development Review ~ Use Determination
PI Development Agr~ment I'~ Minor Exception [:} Other:.
i2 velopment District Amendment {~ Preliminaxy Review
I certify that I am property. Further, I acknowledge the filing of
this application and n'ue and correct. (If tl~ undersigned is different
from the legal propert) t this form.)
Date } Sipn--e
Print Name and Title /
Dat~rfime Received Received By bL0~e~s Reeeiv ~ Receipt No. Fire Receipt No.
""""" ~75 o/-~Ts 2o
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: May 15, 1996
TO: Dan Coleman,Principal Planner
FROM: Dan Watters, Crime Analyst
SUBJECT: ShelleV's Restaurant - Permit 89-01
At your request here is a list of Call's for Service for Shelly's Restaurant at 8038 Haven #E from
January 1, 1995.
REPORT # DATE DAY TYPE_CALL STAT LOC ADDR
02/1511995 WED INCIDENT/MISC. LAW ENF CALL CAN 8038 HAVEN AV #E SHELLY S
03/05/1995 SUN GRAND THEFT ALlTO REPORT LINF 8038 HAVEN AV SHELLY S
119503 ] 20 03/08/1995 WED HIT AND RUN NON INJURY REPORT RTE 8038 HAVEN AV SHELLY'S REST
09/17/1995 SUN 9-1-1 FOLLOW UP NAT 8038 HAVEN AV
119602462 02/24/1996 SAT TRU ASSAULT REPORT RTF 8038 HAVEN AV SHELLEY'S RESTRUANT
119603666 03/22/1996 FRI TRU MALICIOUS MISCHIEF REPORT RTF 8038 HAVEN AV SHELLEYS
RESTAURANT
As you can see Shelly's does not have a high rate of Call's for Service. We have only taken 3
reports of which 1 was a traffic related report.
RESOLUTION NO. 89-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT NO. 89-01 TO OPERATE AND CONDUCT ENTERTAINMENT BY
PERFORMERS PLAYING MUSICAL INSTRUMENTS FOR LISTENING
PLEASURE FOR SHELLY'S RESTAURANT, LOCAllED AT 8038 HAVEN
AVENUE, SUITE E, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. RECITALS
(i) On May 21, 1986 the City Council of the City of Rancho Cucamonga
adopted Ordinance No. 290 providing for the regulation of entertainment.
(ii) On February 3, 1989, John Marquez filed an application for the
issuance of an Entertainment Permit (EP 89-01) described above in the title of
this resolution.
(iii) On the 12th day of April, 1989, the Rancho Cucamonga Plannin9
Commission held a public hearing to consider the above-described project.
B. RESOLIJTION
NOW, THEREFORE, the City of Rancho Cucamonga Planning Commission
resolves 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 Co~issi on
during the above-referenced April 12, 1989 hearing, including the written
Staff report, and the written, signed and verified application of the
applicant, this Commission hereby specifically finds as follows:
(a) The application applies to property located on
the northwest corner of Foothill Boulevard and
Haven Avenue on a lot presently improved with
structures and parking areas which constitute
the ~ rginia Dare Center;
(b) The property to the north of the subject site
is developed with a restaurant and retail uses,
to the south are office uses, to the east is a
restaurant use (under construction), and to the
west is Edwards Theater and a vacant site; and
(c) 5helly's Restaurant is a full service
restaurant and bar serving beer, wine and other
alcoholic beverages. The proposal is to
provide musical entertainment on Friday
evenings from 9:00 PM to 1:00 AM. The band
will be located in the bar area, there will be
no admission charge and no dancing will be
permitted.
PLANNING COMMISSIO' ~ESOLUTION NO. 89-49
EP 89-01 - SHELLY' .<ESTAURANT
April 12, 1989
Page 2
3. Based upon the substantial evidence presented to this Commission
during the above-referenced April 12, 1989 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) That the conduct of the establishment or the
granting of the application would not be
contrary to the public health, safety, morals
or w~lfare;
(b) That the premises or establishment are not
likely to be operated in an illegal, improper
or disorderly manner; and
(c) That the applicant has not had any approval,
permit or license issued in conjunction with
the sale of alcohol or the provision of
entertainment revoked within the preceding five
years; and
(d) That granting the application would not create
a public nuisance; and
(e) That the normal operation of the premises would
not interfere with the peace and quiet of the
surrounding conmercial center; and
(f) The applicant has not made any false,
misleading or fraudulent statement of material
fact in the required application.
4. Based upon the findings and conclusions set forth in Paragraphs
1, 2 and 3 above, this Commission hereby approves the application subject to
the following conditions:
(a) This approval is for small bands playing
musical instruments for listening pleasure
only. No dancing is permitted. Any change of
intensity of entertainment shall require
application for modification of this permit.
(b} If the operation of this Entertainment Permit
causes adverse effects upon adjacent businesses
or operations, the Entertainment Permit shall
be brought before the Planning Commission for
the consideratiDn and possible suspension or
revocation of the permit.
(c) Doors shall remain closed when entertainment is
being conducted for noise attenuation purposes.
PLANNING COMMISSION 'SOLUTION NO. 89-~9
EP 89-01 - SHELLY'S ..~STAURANT
April 12, 1989
Page 3
(d) Exterior noise levels shall not exceed 65 dBA
during the hours from 7:00 AM to 10:00 PM and
60 dBA during the hours from 10:00 PM to 7:00
AM.
(e) Access to the lounge/entartainment area ~st be
from the main entrance t~ the primary use and
not from a-separat~ exterior entrance. The
rear exit shall be for "Fire Exit Only".
APPROV~O AND ADOPTED THIS 12TH DAY OF APRIL 1989.
PLANNING COMMISSION OF THE CITY OF RANCNO CUCAMONGA
BY:L ;
ATTE ST: ~ ~
d~Buad~8,U_L~cr Se retary
I, Br ller, eta~he Planning Conmnission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Connission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Con~ission held
on the 12th day of April 1989, by the following vote-to-wit:
AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, EMERICK, hICNIEL, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
RESOLUTION NO. 89-49A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO
ENTERTAINMENT PERMIT NO. 89-01, A REQUEST TO EXPAND THE LIVE
ENTERTAINMENT TO INCLUDE DANCING AND SMALL BANDS (3-5
MEMBERS) IN CONJUNCTION WITH A RESTAURANT (SHELLEY'S),
LOCATED AT 8083 HAVEN AVENUE, SUITE E, AND MAKING FINDINGS
IN SUPPORT THEREOF - APN: 1077-661-03.
A. Recitals.
1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance
No. 290 providing for the regulation of entedainment.
2. Marl Corporation has filed an application for the issuance of a Modification to
Entertainment Permit No. 89-01, as described in the title of this Resolution. Hereina~er in this
Resolution, the subject Entertainment Permit request is referred to as "the application."
3. On the 22nd day of May 1996, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public headng on the application and concluded said headng
on that date.
4. 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 public hearing on May 22, 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 at 8038 Haven Avenue, Suite E, and is
presently improved with a restaurant; and
b. The propedies to the north, south, east, and west of the subject site are designated
for and developed with commercial uses; and
c. Shelley's Restaurant is a full service restaurant and bar serving beer, wine. and
other alcoholic beverages; and
d. The applicant is proposing to conduct interior entertainment with live bands and
dancing between the hours of 8:00 p.m. to 12:00 midnight Monday through Thursday, 9:00 p.m. to
1:00 a.m. Friday and Saturday, and 7:00 p.m. to 11 p.m. on Sunday; and
e. Dancing will be conducted on a floor approximately 90 square feet in area within
PLANNING COMMISSION RESOLUTION NO. 89-49A
EP89-01 MARl CORPORATION
May 22, 1996
Page 2
3. Based upon the substantial evidence presented to this Commission dudng the above-
referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2
above. this Commission hereby finds and concludes as follows:
a. That the conduct of the establishment and the granting of the application would not
be contrary to the public health, safety. morals, or welfare; and
b, That the premises or establishment is not likely to be operated in an illegal,
improper, or disorderly manner; and
c. That the applicant, or any person associated with him as principal or partner or in
a position or capadty involving partial or total control over the conduct of the business for which such
permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any
offense involving the presentation, exhibition, or performance of any obscene show of any kind or
of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license
issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the
preceding five years; and
d. That granting the application would not create a public nuisance; and
e. That the normal operation of the premises would not interfere with the peace and
quiet of the surrounding commercial center and adjacent apartment complex; and
f. That the applicant has not made any false, misleading, or fraudulent statement of
matedal fact in the required application.
4. This Commission hereby finds and determines that the project identified in this Resolution
is categorically exempt from the requirements of the California Environmental Quality Act of 1970,
as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State
CEQA Guidelines.
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:
Planninq Division
1 ) This approval is only for small bands (3-5 members) and dancing within
the interior of the building. Any change of intensity or type of
entertainment shall require a modification to this permit.
2) The days and hours of operation for the entertainment shall be limited
to between 8:00 p.m. to 12:00 midnight Monday through Thursday,
9:00 p.m. to 1:00 a.m. Friday and Saturday, and 7:00 p.m. to 11 p.m.
on Sunday. Any expansion of days and/or hours shall require
modification to this permit.
3) No adult entertainment, as defined in the Rancho Cucamonga
Municipal Code, Section 17.04.090, shall be permitted.
PLANNING COMMISSION RESOLUTION NO. 89-49A
EP89-01 MARl CORPORATION
May 22, 1996
Page 3
4) If the dance floor should exceed 150 square feet, a duly licensed and
uniformed security guard shall be present at all times such dancing is
permitted or allowed to supervise the dancing and conduct of all
patrons and customers required at dances, in accordance with Rancho
Cucamonga Municipal Code Section 5.12.130. The applicant shall
submit a floor plan to the City Planner within 30 days indicating the
location and size of the dance floor.
5) When entertainment is being conducted, doors and windows shall
remain closed for noise attenuation purposes.
6) Extedor noise levels shall not exceed 65 dB during the hours of 7 a.m.
to 10 p.m. and 60 dB dudrig the hours from 10 p.m. to 7 a.m.
7) Access .to the lounge/entertainment area must be from the main
entrance to the pdmary use and not from a separate extedor entrance.
Other exits shall be for "Fire Exit Only."
8) If operation of this Entertainment Permit causes adverse effects upon
adjacent residences, businesses, or operations including, but not
limited to noise, loitering, parking, or disturbances, the Entertainment
Permit shall be brought before the Planning Commission for
consideration and possible suspension or revocation of the permit.
9) Approval of this request shall not waive compliance with any sections
of the Development Code, State Fire Marshal's regulations, Uniform
Building Code, or any other City Ordinances.
10) This permit shall be renewed annually by the applicant per Municipal
Code Section 5.12.115.
Fire District/Buildinq & Safety Division
1 ) The maximum number of occupants shall not exceed building and fire
codes. The maximum occupancy for each room shall be posted as
determined by the Rancho Cucamonga Fire Protection District and/or
the City's Fire Prevention Unit Division.
2) Any temporary power requirements shall be in accordance with the
1994 Uniform Fire Code. Any new electrical installations shall require
electrical permits from the Building and Safety Division.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 1996.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION RESOLUTION NO. 89-49A
EP89-01 MARl CORPORATION
May 22, 1996
Page 4
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
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 22nd day of May 1996, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
CITY OF RANCHO CUCAIVIONGA '
STAFF REPORT
DATE: May 22, 1996
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner.
BY: Scott Murphy, AICP, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-21 -
NORTHTOWN HOUSING DEVELOPMENT CORPORATION - A request to
construct a 14-unit apartment project on 1.38 acres of land in the Low-Medium
Residential designation (4-8 dwelling units per acre), located on the south side
of Main Street, between Archibald Avenue and Reid Avenue - APN: 209-262-02.
Related File: Development Agreement 96-01.
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 96-01
- NORTHTOWN HOUSING DEVELOPMENT CORPORATION o A request to
exceed the maximum density in exchange for providing affordable housing units
within a 14-unit apartment project on 1.38 acres of land in the Low-Medium
Residential designation (4-8 dwelling units per acre), located on the south side
of Main Street, between Archibald Avenue and Reid Avenue - APN: 209-262-02.
Related File: Development Review 95-21.
PROJECT AND SITE DESCRIPTION:
A. Project Density: 10.14 dwelling units per acre
B. Surroundinq Land Use and Zoning:
North - Single family residential; Low Residential (2-4 dwelling units per acre)
South - Railroad tracks, single family residential;
East Single family residential; Low Residential (2-4 dwelling units per acre)
West Electrical supply; Industrial Area Specific Plan (Subarea 17), Industrial Park
C. General Plan Designations:
Project Site - Low-Medium Residential (4-8 dwelling units per acre)
North - Low Residential (2-4 dwelling units per acre)
South - General Industrial
East Low Residential (2-4 dwelling units per acre)
West Industrial Park
ITEMS C & D
PLANNING COMMISSION STAFF REPORT
DR 95-21 & DA 96-01 - NORTHTOWN DEV. CORP.
May 22, 1996
Page 2
D. Site Characteristics: The site is currently vacant with an average slope of 2 percent from
north to south.
E. Parkina Calculations:
Number of Number of
Type Number. Parking Spaces Spaces
of Use of Units Ratio Reouired Provided
One-bedroom Unit 8 1.5 spaces/unit 12.0 12
(1 covered)
Two-bedroom Unit 6 1.8 spaces/unit 10.8 10
(1 covered)
Guest 14 0.25 spaces/unit 3.5 4
Total 26.3 26
ANALYSIS:
A. General: The applicant is proposing to develop 14 one and two-bedroom apadment units
on the vacant property. The site is laid out with the units located at the northern portion
of the site. Access to the site is obtained from the west side of the site with the drive aisle
extending to the south and then east to access the garage spaces. The location of the
garages create a courtyard area for the dwelling units. The units are designed as single-
stow units to blend in with the surrounding area. Building materials are river rock, wood
siding, and stucco. As with the building height, the building materials are consistent with
the neighborhood.
B. Development Aareement: In conjunction with the application, the applicant has submitted
an application for a Development Agreement (more appropriate called a Density Bonus
Agreement) for the construction of 3 dwelling units above that permitted within the current
Low-Medium Residential zone. Under existing State law, the City may grant a density
bonus request of at least 25 percent over that allowed by the Development Code and/or
General Plan. The benefit for the City is that the density bonus provisions require
affordable housing to be provided. In this case, "lower" income units must be made
available to persons with an income equal to 30 percent of 60 percent of the median
income level.
The Density Bonus Agreement is typically attached to the agreement between the
applicant and the Redevelopmerit Agency as pad of the funding approval for the project.
Staff has included the agreement to receive any input from the Commission before
PLANNING COMMISSION STAFF REPORT
DR 95-21 & DA 96-01 - NORTHTOWN DEV. CORP.
May 22, 1996
Page 3
forwarding the agreement (aftached to resolution). Any comments, in the form of minute
action, will be passed on to the Redevelopment Agency for their consideration.
C. Desiqn Review Committee: The Design Review Committee (Lumpp, Melcher, Fong)
reviewed the application on November 14, 1995. The Committee recommended approval
of the application subject to a condition requiring the window location of the two units
flanking the central pedestrian connection to be revised so they are not directly across
from each other. Also, the Committee noted that the composition roof proposed was
inconsistent with the Planning Commission's policy regarding concrete roof material for
all new construction. This item should be reviewed by the Planning Commission. The
use of asphalt shingle roofing was approved by the Commission during their review of the
12 in~ll single family homes recently constructed by the Northtown Housing Development
Corporation (Development Review 95-03). The Commission felt that the proposed high
profile architectural shingles were consistent with the Craftsman bungalow style
architecture. The "Las Casitas' project also features this same architectural style;
therefore, staff supports the use of an architectural grade asphalt shingle. However, if the
Commission does not support the use of asphalt shingles on this project, then Planning
Division Condition No. 4 should be revised as follows:
4. The roof material shall be concrete tile. The type and color shall be shown on the
final plans subject to City Planner approval prior to issuance of building permits.
D. Technical Review Committee: On November 15, 1995, the Technical Review Committee
reviewed the application. The Committee noted that the Main Street right-of-way was 5
feet wider than required. As a result, the excess right-of-way along Main Street may be
vacated.
E. Environmental Assessment: In completing the Initial Study, staff determined that the site
is subject to excessive noise levels resulting from the operation of the Metrolink commuter
rail line on the tracks immediately south of the project. As a result, an acoustical analysis
was prepared to identify the full impact of the noise generation and identify mitigation
measures necessary to reduce the noise levels to within acceptable levels. The report
finds that the exterior noise level can be reduced to within acceptable levels through the
construction of an 8-foot high sound barrier along the south property line. The block wall
proposed along the south property line satisfies the required sound attenuation. To
address the interior noise reductions, the report identifies the need for attenuation through
the use of common construction techniques including single-glazed windows, ¼-inch
drywall, R-13 insulation, etc. With these requirements included as mitigation measures,
staff finds that the potential environmental impacts can be reduced to a level of less than
significant allowing issuance of a Mitigated Negative Declaration for the project.
PLANNING COMMISSION STAFF REPORT
DR 95-21 & DA 96-01 - NORTHTOWN DEV. CORP.
May 22, 1996
Page 4
RECOMMENDATION: Staff recommends that the Planning Commission approve Development
Review 95-21 through adoption of the attached Resolution, issue a Mitigated Negative
Declaration for the project, and forward any comments on the Density Bonus Agreement to the
Redevelopmerit Agency for their consideration.
Respectf submitted
BB:SM:mlg
Attachments: Exhibit "A" Site Utilization Plan
Exhibit "B" Site Plan
Exhibit "C" Conceptual Landscape Plan
Exhibit "D" Conceptual Grading Plan
Exhibit "E" Building Elevations
Exhibit 'F" Initial Study, Part I
Exhibit "G" Initial Study, Part II
Resolution Recommending Approval of Development Agreement 96-01
Resoultion of Approval for Development Review 95-21
........ "IAS CASITAS"
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NORTHTOWN HOUSING DEVELOPMENT CORP. Site Utilization Map
1017125th St. Rancho Cucamonga, CA. 91730
.~! "IAS CASITAS"
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NORTHTOWN HOUSING DEVELOPMENT CORP. Detailed Site Plan
1017'1 25th SL Rancho Cucamonga, CA 91730
FR
Main St,
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}"~S ~ITAS"
]O1?l 251h St. ~ancho Cucamonaa, C~. 91130
ENVIRONi~.ENTAL
INFORMATION FORM
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- Please note that it is the
responsibility of the applicant to ensure that the application is complete at
the time of submittal; City staff will not be available to perform work
required to provide missing information.
GER=~ INFORMATION
Application Number for the project to which this form pertains:
Project Title: Las Casitas
Name & Address of project owner(s): Northtown Housing Development
Corp., 10171 25th Street, Rancho Cucamonga, CA 91730
Name & Address of developer or project sponsor: Same as above.
Contact Person & Address: Peter J. Pitassi, AIA, Architect,
8439 White Oak Avenue, Suite 105, Rancho Cucamonga, CA 91730
Telephone N,mher: (909) 980-1361
Name & Address of person preparing this form (if different from above):
Same as above.
C I T Y o f R A N C H O C U C A M O N G A
~7-/-//,~'/7' ",/~""
PROJECT INFORMATION & DESCR/PTION
information indicated by asterisk (*) is not required of non-construction
CUP's unless otherwise requested by staff.
Provide a full scale (8-1/2 X 11) copy of the USGS Quadrant Sheet(s)
which includes the project site, and indicate the site 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) Project LOcation (describe): 9775 Main Street in the
Northtown Community. The site is on the south side of
Main Street. One parcel east of Archibald Avenue and
on the north side of the railroad right-of-way.
4) Assessor's Parcel Numbers (attach additional sheet if necessary):
A.P.N.: 209-062-02
*5) Gross Site Area (ac/sq. ft.): 1.61 acres. 70,186 sq. ft.
Net Site Area (total site size minus area of public streets & proposed
dedications):
1.38 acres. 59,9!5 sq.,ft.
7) Describe any proposed general plan amendment or zone change which would
affect the project site (attach additional sheet if necessary):
None we are aware of.
8) include a description of all permits which will be necessary from the
City of Rancho Cucamonga and other qovernmenta! agencies in order to
fully implement the project:
Design Review Approval,
Hook-up Permit CCWD, Grading Permit
9 ) Describe the physical setting of the site as it exists before the
project including information on topogTaphy, soil stability, plants and
animals, mature trees, trails and roads, drainage courses, and scenic
aspects. Describe any existing structures on site (including age and
condition) and the use of the structures. Attach photogTaphs of
significant features described. In addition, site all sources of
information (i.e. , geological and/or hydrologic studies, biotic and
archeological surveys, traffic studies):
The property is vacant and unimproved. There is one mature
tree of unknown species at the extreme northwest corner
of the site. This tree will remain with future development.
The site is covered with native grasses and weeds and falls
from north to south at an approximate 2% grade.
10) Describe the kno'~n cultural and/or historical aspects of the site. Site
all sources of information (books, published reports and oral history):
We know of no evidence to indicate the site has any
significant historical aspect.
11) Describe any noise sottrces and their levels that now affect the site
(aircraft, roadway noise, etc.) and how they will affect proposed uses:
The Atchinson, Topeka and Santa Fe Railroad right-of-way
abuts the southern property line. Noise sources are
irregular and will not affect our proposed residential
use differently than existing residences in the neighbbrhbod~
12) Describe the proposed project in detail. This should provide an
adequate description of the site in terms of ultimate use which will
result from the proposed:project- Indicate if there are proposed phases
for development, the extent of development to occur with each phase, and
the ant'icipated completion of each increment. Attach additional
sheet(s)' if necessary:
This proposed project will include
14 s~ngle story attached unit~ with single car detached
garages at the rate of one .'per unit. The living units
will include one bedroom (from 674-795 sq. ft.) and
t~O bedroom units (843-876 sq.f~) The project will be
developed in one phase by the Northtown Housing
Development Corp. and units rented to individuals of
low and moderate income. These people could be seniors,
single parents, single individuals, or young families in
need of adequate housing.
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, com~ercia!, etc.), intensity of land use
(one-family, apartment houses, shops, department stores,. etc.) and scale
of development (height, frontage, setback, rear yard, etc.):
Northtown is developed with single family homes
predominantly one story in size. Surrounding property
is residential with industrial to the west at Archibald
and south of the railroad and 8th Street.
14) Will the proposed project change the pattern, scale or ~haracter of the
surrounding general area of the project?
NO, in general, however, this project will be attached
housing while its neighbors are detached. The project's
scale will be sensitive to this.
=15) Indicate the type of short-term &nd long-term noise to be generated,
including source and amount. How will these noise levels affect
adjacent properties and on-site uses. What methods of sound proofing
are proposed?
None of any consequence.
· 16) Indicate proposed removals and/or replacements of mature or scenic
trees:
There are two stub trunks of eucalyptus which will be
removed. The trees appear dead. The only mature tree
will be retained.
17) Indicate any bodies of water (including domestic water supplies) into
which the site drains:
None
18~ Indicate expected amount of water usage. (See Attachment A for usage
estimates). For further clarification, please contact the Cucamonga
County Water District at 987-2595.
(400 x 14) (400 X 14 x 2)
a- Residential (gal/day) 5,600 Peak use (gal/day) 11,200
b. Commercial/Ind. (gai/day/ac) Peak use (gal/min/ac)
59) Indicate proposed method of sewage disposal. __Septic Tank ~
Sewer. If septic tanks are proposed, attach percolation tests. If
discharge to a sanitary sewage system is proposed indicate expected
daily sewage generation: (see Attachment A for usage estimates). For
further clarification, please contact the Cucamonga County Water
District at 987-2591.
a- Residential (gal/day) (200 X 14) 2,800
b. Industrial/Commercial (gal/day/ac)
RESIDENTIAL PI~OJMCTS
20) Number of residential units:
Detached (indicate range of parcel sizes, minimum lot size and maximum
lot s~ze:
Attached (indicate whether units are rental or for sale units):
14 rental units
2~) Anticipated ranqe of sale prices and/or rents:
Sale Price(s) $ to $
One bedroom $250.00 to $450.00
Rent (per month) TwO b%droom $270.00 to $ 500.00
22) specify number of bedrooms by unit type:
Plan A: One bedroom, one bath
Plan B: One bedroom, one bath
Plan C: Two bedroom, one bath
Plan D: Two bedroom, 6me bath
23) Indicate anticipated household size by unit type:
Plan A: 1 person Plan C: 2-3 people
Plan B: 1 person Plan D: 2-3 people
24) Indicate the expected number of school children who will be residing
within the project: Contact the appropriate School Districts as shown
in Attachment B:
a. Elementary: K through 8th grade .12 (.82/household)
b. Junior High: Cucamonga School District
Per Charley Unified
c. Senior ~igh: 2 .125/1 bedroom, 2 bedroom Schocl District
CfXMMEI~IAL, IND~STEIAL AND INSTI-i~rlOMAL PROJECTS
25) Desjribe type of use(s) and major function(s) of commercial, industrial
or institutional uses:
26) Total floor area of commercial, industrial, or institutional uses by
type:
27) Indicate hours of operation:
28) Number of employees: Total:
Maximum Shift:
Time of Maximum Shift:
29) Provide breakdown of anticipated job classifications, including wage and
salary ranges, as well as an indication of the 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:
'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 Quality Management District, at (818) 572-6283):
32 ) Have the water, sewer, fire, and flood control agencies serving the
project been contacted to determine their ability to provide adequate
service to the proposed project? If so, please indicate their
response.
NO, however, all utilities are available in the public
street which fronts the lot. Water sewer, gas, power,
telephone, and fire hydrants.
In the kncwn history of this property, has there been any use, storage,
or discharge of hazardous and/or toxic materials? Examples of hazardous
and/or toxic materials include, but are not limited to PCB'S;
radioactive substances; pesticides and herbicides; fuel, oils, solvents,
and other flammable liquids and gases. Also, note underground storage
of any of the above. Please list the materials and describe their use,
storage, and/or discharge on the property, as well as the dates of use,
if known.
None that we are aware of.
34) Will the proposed project involve the temporary or long-term use,
storage or discharge of hazardous and/or toxic materials, including but
not limited to those examples listed above? If yes, provide an
inventory of all 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 on the application plans.
NO
I hereby certify that the statements furnished a~ove and in the attached
exhibits present the data and information required for adequate evaluation of
this project to the best of my ability, that the facts atements, and
informa.tion presented are true and correct to/~ owledge and
be!ief.~ I further understand that additional/info / be require~ to
be submitted before an adequate evaluation./~ '~y ~f R~cho
Title: Peter J. Pitassi, AIA
CITY OF RANCHO CUCAMONGA
ENVIRONMENTAL CHECKLIST FORM
INITIAL STUDY PART II
BACKGROUND
1 ) Project File #/Name: Development Review 95-21 - Las Casitas
2) Related Files:
3) Applicant: Northtown Housing Development Corporation
Address: 9999 Feron Boulevard, Rancho Cucamonga, CA 91730
Telephone #:
4) Project Description: 14 Apartment units
5) Project Accepted as Complete (date): 12/14/95
ENVIRONMENTAL IMPACTS
Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, explanation of the potential
impacts identified as "Yes" or "Maybe" answers are required. An explanation shall also be provided in each
instance where a potentially significant effect has been determined not to be significant and is marked "No."
Yes Maybe N_,,.~o
I. EARTH - Will the proposal result in:
a) Unstable earth conditions or changes in the geologic structure? ( ) ( ) ( X )
b) Disruptions. displacement, compaction or over covering of the soil? ( X ) ( ) ( )
c) Change in the topography or ground surface relief features? ( ) ( ) ( 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 modify the channel of a river or stream or the
bed of the ocean or any bay, inlet or lake? ( ) ( ) ( 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 )
c) Alteration of air movement moisture, or temperature, or any change in climate,
either locally or regionally? ( ) ( ) ( X )
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 of 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,
inc!uding, but not limited to, temperature, dissolved oxygen or turbidity? ( ) ( ) ( X )
f) Alteration of the direction or rate 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 otherwise available for public
water supplies? ( ) ( ) ( X )
i) Exposure of people or property to water related hazards such as flooding or
tidal pools? ( ) ( ) ( X )
IV. 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 of plants? ( ) ( ) ( 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. ANIMAL LIFE - Will the proposal result in:
a) Change in the diversity of species, or number of any species of animals (birds,
land 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 species 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 )
VI. NOISE - Will the proposal result in:
a) Increase in existing noise levels? ( X ) ( ( )
b) Exposure of people to severe noise levels? ( x ) ( ) ( )
VII. LIGHT AND GLARE - Will the proposah
a) Produce new light and glare? ( X ) ( ) ( )
VIII. LAND USE - Will the proposal result in:
a) Substantial alteration of the present or planned land use of an area? (X) ( ) ( )(
IX. NATURAL 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, density or growth rate of the human population
of an area? ( ) ( ) ( X )
XII. HOUSING - Will the proposal.'
a) Affect existing housing Or create a demand for additional housing? ( ) ( ) ( X )
XIII. TRANSPORTATION/CIRCULATION - Will the proposal result in:
a) Generation of substantial additional vehicular movement? ( ) ( ) ( 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 patterns 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 ) ( )
XIV. PUBLIC SERVICES - Will the proposal have an effect upon, or result 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 SYSTEMS - Will the proposal result in a need for new
systems or substantial alterations to the following utilities:
a) Power or natural gas? ( ) ( ) ( X )
b) Communications systems? ( ) ( ) ( X )
c) Water? ( ) ( ) ( X )
d) Sewer or septic tanks? ( ) ( ) ( X )
e) Storm water drainage? ( ) ( ) ( X )
t} Solid waste disposal? ( ) ( ) ( X )
XVII. HUMAN 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 - Will 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 )
XIX. RECREATION - Will the proposal result in:
a) Impact upon the quality of existing recreational opportunities? ( ) ( ) ( X )
b) Restrict the religious or sacred uses within the potential impact area? ( ) ( ) ( X )
CULTURAL RESOURCES - Will the proposal result in:
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 object? ( ) ( ) ( X )
c) Have the potential to cause a physical change which would affect unique
ethnic, cultural values? ( ) ( ) ( X )
XXI. MANDATORY FINDINGS OF SIGNIFICANCE -
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 the 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, definite period of time.
Long-term impacts well 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 )
4
d) Substantial adverse: Does the project have environmental effects which will
cause substantial adverse effects on human beings, either directly or
indirectly? ( ) ( ) (X
XXII. DISCUSSION OF ENVIRONMENTAL EVALUATION (Narrative description of environmental impacts) -
I, Earth:
a) The site is not within any known unstable earth condition area.
b) The site will be graded to accommodate the building pads for the proposed use. The site grading
will be conducted under the supervision of licensed surveyor or registered geologist.
c) The topography of the site will be altered slightly to accommodate the building pads. The general
slope of the property will remain consistent with the existing slope, The grading will be supervised
by a licensed soils engineer or registered geologist to ensure compliance with Building Code
requirements.
d) No known or unique geologic or physical features exist on this site.
e) Upon completion, the site will be landscaped and/or paved to prevent soil erosion.
f} The project will not impact the deposition or erosion of any body of water.
g) The majority of California is susceptible to earthquakes. The project is not within any known
special study zone that will require additional studies or that poses a unique hazard.
II, Air:
a) The apartment units will not produce any air emissions directly. The vehicle traffic connected with
the project will produce some emissions but the amount of emission is not significant.
b) The proposed apartment project will not create any objectionable odors,
c) The proposed apartment project will not result in alteration to the climate or air movement.
III, Water:
a) The development of the apartment project will not affect the currents or course of water
movement.
b) The absorption rate will be altered because of the paving and hardscape proposed. All wate
will be conveyed to approved drainage facilities which have been designed to handle the
c) The project will not alter the course or flow of flood waters.
d) Thedeve~~~ment~ftheapartmentpr~jectwi~~n~taffecttheam~unt~fsurfacewaterinanyb~dy~
e) The project will not be discharging into any surface waters.
f) No alteration of groundwater is expected to occur with this project.
g) No direct additions or withdrawals of groundwater are proposed.
h) The project is anticipated to use only that amount of water necessary to serve the 14 units which
can be handled by existing facilities. The amount of water usage is not significant.
i) The project is outside of the established flood plain.
IV. Plant Life:
a) No significant vegetation exists on-site,
b) There are known rare, unique, or endangered species on-site.
c) Landscaping introduced to the site will be compatible with existing landscaping material.
d) No agricultural crops exist on-site.
V. Animal Life:
a) There are no known animals that currently occupy the site on a regular basis,
b) There are no known rare, unique, or endangered species on-site.
c) No new species will be introduced as a result of the project. Any animals contained within the
project will be household pets consistent with the surrounding area.
d) The project is located within the interior of the City, surrounded by development. In that no
animals currently use the site on a regular basis, the development of the apartment project will
have no impact on fish or wildlife habitat.
VI. Noise:
a) The development of the apartment project will increase the noise level by the mere fact that the
property is currently vacant. The level of noise increase, however, is not significant.
5
b) The project is located adjacent to existing rail lines which are used by the Metrolink commuter
train between San Bernardino and Los Angeles. An acoustical analysis is required to identify the
noise levels and address mitigation, if necessary. The report submitted indicates that the train
can produce noise levels up to 67 CNEL In order to mitigate the exterior noise levels, an 8-foot
wall will be required along the south property line. The interior noise levels will be mitigated by
the location of the garage structure between the railroad tracks and the units and common
construction techniques, including single pane glazing on windows, R-13 insulation, ¼-inch
drywall, etc. Construction documents will be reviewed, prior to issuance of building permits to
ensure compliance with the mitigation measures.
VII. Light and Glare:
a) New light and glare will be created because the property is currently vacant. A condition of
approval requires the applicant to submit a lighting plan for review and approval to ensure the
light does not spill over onto adia. cent properties.
VIII. Land Use:
a) The apartment project will substantially alter the planned land use of the area by increasing the
density to over 10 dwelling units to the acre within the Low-Medium Residential (4-8 du/ac)
designation. Consistent with the City's General Plan Housing Element goals and policies, the
applicant has proposed a Density Bonus Agreement, pursuant to California Government Code
Section 65915, as an incentive for the production of lower income housing units.
IX. Natural Resources:
a) The apartment project will not result in any significant increase in the consumption of natural
FeSOUFCeS.
X. Risk of Upset:
a) The apartment project does not pose the potential for explosion or the release of hazardous
substances.
b) The apartment project construction will not interfere with emergency response.
Xl. Population:
a) The project is included in current population projections for the City.
XII. Housinq:
a) The project will not create the need for additional housing.
XIII. Transportation:
a) The project will generate additional trips because of the new construction and the type of use.
The number of trips, however, is consistent with the traffic modeling for the City and can be
accommodated within existing improvements.
b) Additional parking will be necessary to handle the residents of the project. The site is sufficient
in size to provide the additional parking spaces to meet the parking requirements.
c) The proposal is consistent with the Development Code and General Plan for which the street
widths were evaluated at a build-out condition.
d) The project will maintain the existing circulation patterns for the movement of goods.
e) The project will not affect air, water or rail traffic.
f) The application is expected to increase the risk of traffic hazards because of the new
construction. The driveways have been spaced to provide maximum safety available and
pedestrian amenities (sidewalks) will be installed as part of the project. The impact is not
significant.
XIV. Public Services:
a) The project will require additional permitting and inspection by the Fire District to ensure Code
compliance. The service required, however, is consistent with current Fire Department operations
and is not significant.
b) No substantial new services are expected with the project.
6
c) The school districts having jurisdiction have notified the City of the current impaction problems.
The project will be required to form or join a Mello-Roos District to provide adequate schoo
facilities to serve the site.
d) The project will have access to existing park facilities. Additional park facilities are not req~
to meet the needs of the area.
e) The site abuts a road that is being maintained by the City. No additional impacts on public
facilities are expected.
f) No other government services are expected to be affected by this proposal.
XV. Energy
a) The project is not expected to use substantial amounts of fuel or energy.
b) The development is not expected to result in substantial increase on the demand of existing
energy sources or the need for new energy sources.
XVI. Utilities and Service Systems:
a) The project will tie into existing power or natural gas systems.
b) The project will tie into existing communication systems.
c) The project will use water readily available in Main Street.
d) The discharge from the site will be handled by the existing sewer facilities.
e) No additional storm water drainage will occur with the project.
f') No significant solid waste disposal will be necessary to serve the site.
XVII. Human Health:
a) The development is not expected to create any health hazard.
b) No exposure of people to potential health hazards is expected.
XVIII. Aesthetics:
a) The project will not obstruct any view or vista currently available to the public.
b) The project will conform to the strict design guidelines of the City thereby eliminating any
offensive site visible to the public.
XIX. Recreation:
a) No existing recreational facilities will be impacted by the facility.
b) No known religious or sacred uses are presently conducted on-site.
XX. Cultural Resources:
a) No known prehistoric or historic site exists within the project boundaries.
b) No known prehistoric or historic site exists within the project boundaries.
c) The project should not impact any unique ethnic cultural values.
XXI. Mandatory Findinos of Sionificance:
a) No known animal or wildlife species are expected to be substantially adversely impacted by the
project.
b) There are no known long-term environmental impacts that are expected to occur as a result of
the project.
c) It is not anticipated that the cumulative impacts of the project will have a substantial impact as a
result of the project.
d) It is not anticipated that the project will have any adverse impacts on human beings.
XXIII. DISCUSSION OF LAND USE IMPACTS (Examine whether the project would be consistent with existing
zoning, plans, and other applicable land use controls).
The application, with the related density bonus agreement, is consistent with the Low-Medium Residential
designation of the Development Code and the General Plan.
XXIV. EARLIER 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). In this case a discussion should identify the following on
attached sheets:
a) Earlier analyses used - Identify earlier analyses and state where they are available for review.
1 ) Master Environmental Assessment for the General Plan available at City Hall, Planning
Division, 10500 Civic Center Drive, Rancho Cucamonga 91730.
b) Impacts adequately addressed - Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures - For effects that are "less than significant with mitigation incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which they address site-specific conditions for the project.
1) Because of the potential noise impact from the railroad, an acoustical analysis was
prepared that identified mitigations to reduce the noise impacts to less than significant.
These mitigations include the installation of an 8-foot wall along the south property line and
the use of construction techniques to reduce the interior noise levels. These techniques
include R-13 insulation, Y2-inch drywall, etc.
2) With the project, new light and glare will be generated. To ensure the light does not impact
adjacent properties, a lighting plan will be required that identifies the type of fixture, location,
illumination, shielding, etc. The plan must be reviewed and approved, prior to building
permit issuance.
DETERMINATION - 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 ....................................................................( )
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 attached
sheets have been added to the project.
A MITIGATED NEGATIVE DECLARATION will be prepared ............................................. ( X )
c) I find that the proposed project may have a significant effect on the environment.
REPORT is required ......................................................... ( )
Prepa"'reT~'Signature
Print Name and Title
~te
8
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DENSITY BONUS AGREEMENT NO. 96-01, A REQUEST TO EXCEED THE
MAXIMUM DENSITY IN EXCHANGE FOR PROVIDING AFFORDABLE
HOUSING UNITS WITHIN A 14-UNIT APARTMENT PROJECT ON 1.38
ACRES OF LAND IN THE LOW MEDIUM RESIDENTIAL DESIGNATION (4-8
DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF MAIN
STREET, BETWEEN ARCHIBALD AVENUE AND REID AVENUE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-262-02.
A. Recitals.
1. Northtown Housing Development Corporation, has filed an application for Density Bonus
Agreement No. 96-01, as described in the title of this Resolution. Hereina~er in this Resolution, the
subject Density Bonus Agreement is referred to as "the application."
2. On the 22nd day of May 1996, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said headng
on that date.
3. The subject property of the Density Bonus Agreement is legally described herein.
4. A true and correct copy of the proposed Density Bonus Agreement is attached as
Exhibit "1" to lhis Resolution.
5. The Planning Commission has reviewed and considered the associated Environmental
Assessment prepared for said project.
6. 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. This Commission hereby specifically finds that the Density Bonus Agreement and each
and every term and provision contained therein conforms to the General Plan of the City of Rancho
Cucamonga.
3. 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 recommends adoption of 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
t,_hereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the
independent judgment of the Planning Commission; and, fudher, this Commission has reviewed and
considered the information contained in said Negative Declaration with regard to the application.
PLANNING COMMISSION RESOLUTION NO.
DA 96-01 - NORTHTOWN HOUSING DEVELOPMENT CORP.
May 22, 1996
Page 2
b. That. 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 753.5(c) 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 wildlife resources or the habitat upon which wildlife
depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff
repods 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.
4. This Commission hereby recommends approval of the Density Bonus Agreement
attached hereto as Exhibit "1 ."
5. The Secretary to this Commission shall cedify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 1996.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATFEST:
Brad Buffer, Secretary
I, Brad Buller, 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 22nd day of May 1996. by the following vote-to-wit:
AYES: COMMISSIONERS:
, NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Recording requested by
City of Rancho Cucamonga
and when recorded mail to:
City Clerk
P,O, Box 807
Rancho Cucamonga, CA 91729
DENSITY BONUS AGREEMENT
This Density Bonus Agreement is made and entered into by and between the CITY
OF RANCHO CUCAMONGA ("City" hereinafter) and NORTHTOWN HOUSING DEVELOPMENT
CORPORATION ("Developer" hereinafter).
WITNESSETH
A. ReCitals.
(i) Califomia Government Code Section 65915 provides that when a developer
agrees to construct a housing development including lower income units, the City may grant a
density bonus of at least 25 percent over that allowed by the Development Code and/or General
Plan.
(ii) The Developer is owner of certain real property within the City of Rancho
Cucamonga and proposes to construct a residential project which includes lower income units.
Said project contemplated by Developer will require an increase in the maximum allowed density
as provided in the Development Code.
(iii) It is the desire of the City to encourage development designed to provide
affordable dwelling units for residents of the City. In furtherance of that desire, the City is hereby
willing to grant a density bonus to Developer as provided by the terms of this Agreement.
B. A~areement.
NOW, THEREFORE, the City and the Developer do hereby agree as follows:
Section 1. Definitions and Interpretations.
Unless otherwise expressly provided herein or unless the context thereof requires
otherwise, the following terms shall have the respective meanings set forth below for all purposes
of this Density Bonus Agreement:
(a) "Affordable units" shall mean those units available for Qualified Tenants and
equal to the number of additional units granted by Section 4 of this Density Bonus Agreement.
(b) "Affordable rent" shall mean that amount as defined in California Health and
Safety Code Section 50053, as said sections are written at the time of executing this Agreement.
As of the date of executing this Agreement, said Section 50053 provides as set forth in Exhibit "B"
attached hereto and incorporated herein by this reference as though fully set forth herein.
(c) "City" shall mean the City of Rancho Cucamonga.
1
:XH r "1"
(d) ~Development~ shall mean the residential rental project which is to be located
and constructed on that certain parcel of real property described in Exhibit ~A," attached hereto and
incorporated by this reference.
(e) ~Qualified Project Period" means the first day on which the residential units
in the Development are first available for occupancy and continuing for 30 years.
(f) "Qualified Tenants" shall mean persons or families of lower income as
defined in California Health and Safety Code Section 50079.5, as said sections are written as of
the time of executing this Agreement. As of the date of executing this Agreement, said Section
50079.5 provides as set forth in Exhibit "C' attached hereto and incorporated herein by this
reference as though fully set forth herein.
Section 2. Construction Condition.
As a specific condition of Site Plan approval and prior to the issuance of building
permits on the Development, the Developer agrees that this Agreement shall be executed by the
City and Developer and shall be recorded pursuant to the terms and conditions of this Agreement.
Section 3. Operation of Development
The Developer hereby agrees as follows:
(a) For a pedod of 30 years following the commencement of the Qualified Project
Pedod, the affordable units in the Development shall be occupied or held vacant and available for
occupancy by Qualified Tenants at affordable rents.
(b) If at any time during the Qualified Project Period the Developer may be
unable to rent or lease the affordable units to Qualified Tenants, the Developer agrees to hold
unrented and vacant said affordable units and to offer such unrented affordable unit only for
occupancy to Qualified Tenants as described in this Agreement.
(c) If at any time during the Qualified Project Period a Qualified Tenant
occupying an affordable unit should cease to be a Qualified Tenant. the Developer may treat such
tenant independent of this Agreement. If such a Qualified Tenant should cease to qualify pursuant
to the terms of this Agreement, the Developer shall hold any then vacant unit available for Qualified
Tenants at an affordable rent for up to six months. If, however, at the time such Qualified Tenant
ceases to be qualified pursuant to the terms of this Agreement, there are no vacant units in the
Development, the Developer shall hold vacant the next available unit for occupancy by Qualified
Tenants at an affordable rent.
(d) That Developer shall covenant as part of each rental or lease agreement with
each new Qualified Tenant, that such Qualified Tenant shall not sublet said affordable unit without
the express approval of Developer or Developer's representative and that Developer shall not allow
any individual Qualified Tenant to so sublet in violation of the terms of this Agreement.
(e) To prepare and submit to the City within 90 days following the beginning of
the Qualified Project Period, and annually upon such date, a Certificate of Continuing Program
Compliance executed by the Developer or its representatives, describing the name, address, and
the Qualified Tenant status for each Qualified Tenant within the development so to insure
compliance with the provisions of this Agreement.
2
(f) That affordable units within the Development will be offered for rent or lease
to Qualified Tenants and will be rented or leased to such Qualified Tenants without regard
to race, color, religion, gender, marital status or national origin.
,Section 4. Density Bonus.
Pursuant to the terms and conditions of this Agreement, together with all terms and
conditions of Resolution No. 96- and 96- , the City hereby grants to the Developer a three-unit
increase in the otherwise maximum allowable residential density under the Rancho Cucamonga
Development Code.
Section 5. Sale or Transfer of Develooment.
The Developer hereby agi'ees that in the event of any sale. transfer or other
disposition of the Development, or any interest therein, the Developer and the
Purchaser/Transferee shall serve upon the City notice in writing that the Developer has fully
explained the provisions of this Agreement to the Purchaser/Transferee and that the
Purchaser/'T'ransferee agrees to fulfill the Developer's duties and obligations under this Agreement.
Section 6. Involuntary Loss or Substantial Destruction.
Upon evidence satisfactory to the City that compliance with the provisions of this
Agreement is no longer possible due to substantial destruction of the Development, the Developer
shall not be subject to the terms of the provisions of this Agreement. In the event of any involuntary
transfer or any seizure of Developer's interest in the Development, the terms and provisions of this
Agreement shall be binding upon such transferee.
Section 7. Term.
This Agreement shall become effective upon its execution by the parties hereto and
its recordation as provided herein. Except as provided in the immediately proceeding section, this
Agreement shall remain in full force and effect for the Qualified Project Period.
Section 8. Covenants to Run with the Land.
The Developer hereby subjects the Development and the land described in
Exhibit 'A' hereto to the covenants, reservations. and restrictions as set forth herein shall be
deemed covenants running with the land and shall pass to and be binding upon the Developers
successors and assigns in title or interest to the Development. Each and every contract, deed, or
other instrument hereinafier executed, covering, or conveying the Development or any portion
thereof shall conclusively be held to have been executed, delivered, and accepted subject to the
covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such
covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.
Section 9. Burden and Benefit.
City and Developer hereby declare their understanding and intent that the burden
of the covenants, reservations, and restrictions set forth herein touch and concern the land in that
the Developer's legal interest in the Development is rendered less valuable thereby. The City and
Developer hereby further declare their understanding and intent that the benefit of such covenants
touch and concern the land by enhancing and increasing the enjoyment and use of the
Development by Qualified Tenants, the intended beneficiaries of such covenants, reservations, and
restrictions, and by furthering the public purposes for which this Agreement is adopted. Further,
the parties hereto agree that such covenants. reservations, and restrictions benefit all other real
property located in the City of Rancho Cucamonga.
Section 10. Scope.
The covenants, reservations, and restrictions described herein shall apply uniformly
to the entire Development in order to establish and carry out a common plan for the use,
development, and improvement of the land on which the Development is to be constructed.
Section 11. Default and Enforcement.
If the Developer defaults in the performance or observance of any covenant,
reservation, or restriction as set forth in this Agreement, and if such default remains uncured for
a period of 30 days after notice to the Developer, or should the Developer not diligently and
continuously prosecute such cure to the appropriate completion, the City may declare that the
Developer is in default under the terms of this Agreement and may take any one or more of the
following steps at its option:
(a) To bdng any action or proceeding at law or in equity to require the Developer
to perform its obligations under the terms of this Agreement or to enjoin the Developer from any
acts which may be in violation of this Agreement.
(b) To have access to inspect, examine, and make copies of all books and/or
records of the Developer pertaining to the Development.
(c) To take whatever actions at law or in equity in the name of the City of
Rancho Cucamonga as may appear necessary or desirable to enforce the obligations, covenants,
and agreements of the Developer pursuant to the terms of this Agreement.
In the event the City brings an action or proceeding at law or in equity to require the
Developer to perform its obligations under the terms of this Agreement, the City shall recover from
the Developer any and all costs and attorneys fees incurred therein.
No delay in enforcing the provisions hereof as to any breach or violation shall impair,
damage, or waive the right of the City to enforce the same or to obtain relief for the continuation
or repetition of such breach or violation of any similar breach or violation thereof at any later time
or times.
Section 12. Indemnification of City.
The Developer hereby agrees that it shall indemnify or hold harmless the City and
its officers or employees from and against:
(a) Any and all claims by or on behalf of any person arising from any cause
whatsoever in connection with the Development;
(b) Any and all claims arising from any act or omission of the Developer or any
of its agents, contractors, servants, or employees in connection with the development; and
(c) All costs, attorneys' fees, expenses, or liabilities incurred in connection with
any such claim or proceeding brought thereon, except for claims which arise out of the negligence
or wilful misconduct of the City, its elected officials, officers, agents, and employees.
4
In the event that any action or proceeding is brought against the City or any of its
officers or employees with respect to which indemnity may be sought hereunder, Developer, upon
written notice from the City, shall assume the investigation and defense thereof, including the
employment of counsel and the payment of all expense. The Developer and the City shall have
the right to employ separate counsel in any such action or proceeding and to participate in the
investigation and defense thereof, and Developer shall pay the fees and expenses of any such
separate counsel retained by the City.
Section 13. Recordinq and Filinq.
As a specific condition, prior to the issuance of building permit on the Development,
the Developer shall cause this Agreement and any amendments or supplements thereto to be
recorded and filed in conjunction with the Development in the office of the County Recorder, County
of San Bernardino, and in any other such ~laces as the City may reasonably request. Developer
shall pay all fees and charges incurred in connection with such recording and filing. Additionally,
the Developer shall provide the City with a conformed copy of the recorded Agreement, prior to the
issuance of building permits on the Development.
Section 14. Governino Law.
This Agreement shall be governed by the laws of the State of California.
Section 15. Amendments.
This Agreement may be amended only by a written instrument executed by the
parties hereto.
Section 16. Notice.
Any notice required to be given by the terms of this Agreement shall be provided by
registered mail at the addresses specified below or at any such other address as may be specified
in writing by the parties hereto:
City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attention: City Clerk
Developer: Northtown Housing Development Corporation
9999 Feron Boulevard, Suite A
Rancho Cucamonga, CA 91730
Attention: President
Section 17. Severability.
If any provision, clause, section, subsection, paragraph, or sentence of this
Agreement shall be declared invalid or illegal by a court of competent jurisdiction, the validity and
enforceability of the remaining portions of this Agreement shall not in any way be affected or
impaired.
5
APPROVED AS TO FORM:
City Attorney
APPROVEDASTO FORM:
City Manager
IN WITNESS WHEREOF, the City and the Developer have executed this Agreement
as of the dates set opposite their signatures.
CITY OF RANCHO CUCAMONGA
Dated: By
William J. Alexander, Mayor
City of Rancho Cucamonga
STATE OF CALIFORNIA
SS.
COUNTY OF SAN BERNARDINO'
On this day of , 1996, before me, the undersigned, a
Notary Public in and for said State, personally appeared , known
to me to be the Mayor of the City of Rancho Cucamonga, a municipal corporation, and said person
is known to me to be the person who executed the within instrument on behalf of the City of
Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga executed the
Sarlle.
WITNESS my hand and official seal,
Notary Public in and for said State
NORTHTOWN HOUSING
DEVELOPMENT CORPORATION
Dated: By
President
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO)
On before me, the undersigned, a Notary Public
in and for said State, personally appeared
known to me to be the person __ whose name subscribed to the within
instrument and acknowledged that executed the same,
WITNESS my hand and official seal.
Notary Public in and for said State
Exhibit "A"
LEGAL DESCRIPTION
Lots 1 through 12, inclusive, and the easterly 12 and ¼ feet of Lot 13, Block 9, Town of West
Cucamonga, as per Map recorded in Book 13, Page 1, in the Office of the Recorder of San
Bernardino County, California. Together with that portion of Reid Avenue that would attach the
operation of law as vacated by the City of Rancho Cucamonga by Resolution No. 91-312 recorded
November 5, 1991, as Instrument No. 422515, of Official Records.
c-,D 7
Exhibit "B"
Section 50053. Affordable Rent.
(a) For any rental housing development which receives assistance prior to January 1,
1991, and a condition of that assistance is compliance with this section, "affordable rents" with
respect to lower income households shall not exceed the percentage of the gross income of the
occupant person or household established by regulation of the department which shall not be less
than 15 percent of gross income nor exceed 25 percent of gross income.
(b) For any rental housing development which receives assistance on or after January
1. 1991, and a condition of that assistance is compliance with this section, "affordable rents,"
including a reasonable utility allowance, shall not exceed:
(1) For very low income households, the product of 30 percent times 50 percent
of the area median income adjusted for family size appropriate for the unit.
'(2) For lower income households whose gross incomes exceed the maximum
income for very low income households, the product of 30 percent times 60 percent of the median
income adjusted for family size appropriate for the unit. In addition, for those lower income
households with gross income that exceed 50 percent of the area median income adjusted for
family size. it shall be optional for any state or local funding agency to require that affordable rent
be established at a level not to exceed 30 percent of gross income of the household.
(3) For moderate income households, the product of 30 percent times 110
percent of the area median income adjusted for family size for the unit. In addition, for those
moderate income households whose gross income exceed 110 percent of the area median income
adjusted for family size, it shall be optional for any state or local funding agency to require that
affordable rent be established at a level not to exceed 30 percent of gross income of the
household.
(c) The department's regulation shall permit alternative percentages of income for
agency-assisted rental and cooperative housing developments pursuant to regulations adopted
under subdivision (f) of Section 50462. The department shall, by regulation, adopt criteria defining
and providing for determination of gross income, adjustments for family size appropriate to the unit,
and rent for purposes of this section. These regulations may provide alternative criteria, where
necessary. to be consistent with pertinent federal statutes and regulations governing federally
assisted rental and cooperative housing. The agency may, by regulation, adopt alternative criteria,
and pursuant to subdivision (f) of Section 50462, alternative percentages of income may be
adopted for agency-assisted housing developments.
- For the purposes of this section, "area median income," "adjustments for family size appropriate
to the unit," and "moderate income household" shall have the same meaning as provided in Section
50052.5.
9
Exhibit "C'
Section 50079.5. Lower Income Households
"Lower Income households" means persons and families whose income does not exceed the
qualifying limits for lower income families as established and amended from time to time pursuant
to Section 8 of the United States Housing Act of 1937. The limits shall be published by the
department in the California Administrative Code as soon as possible after adoption by the
Secretary of Housing and Urban Development. In the event such federal standards are
discontinued, the department shall, by regulation, establish income limits for lower income
households for all geographic areas of the ,state at 80 percent of area median income, adjusted for
family size and revised annually. As used in this section, "area median income" means the median
family income of a geographic area of the state.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. 95-21, A REQUEST TO CONSTRUCT A 14-UNIT APARTMENT
PROJECT ON 1.38 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL
DESIGNATION (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE
SOUTH SIDE OF MAIN STREET, BETWEEN ARCHIBALD AVENUE AND
REID AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 209-262-02.
A. Recitals.
1. Northtown Housing Development Corporation has filed an application for the approval
of Development Review No. 95-21, as described in the title of this Resolution. Hereina~er in this
Resolution, the subject Development Review request is referred to as "the application."
2. On the 22nd day of May 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 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 May 22, 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 on the south side of Main Street,
between Archibald and Reid Avenues with a street frontage of 342 feet and lot depth of 175 feet and
is presently vacant; and
b. The properties to the north and east of the subject site are zoned for residential
uses and are developed with single family residences, the property to the south is designated for and
developed with railroad tracks, and the property to the west is designated for industrial uses and is
developed with an electrical supply business; and
c. The application contemplates the development of 14 rental apartment units for
affordable housing; and therefore, qualifies for a density bonus pursuant to State law, which allows
a density higher than the Low-Medium Residential (4-8 dwelling units per acre) on the property; and
d. The application, with the attached conditions of approval, will comply with all
applicable provisions of the Development Code; and
e. The vacation of 5 feet of excess right-of-way along Main Street to allow for a 30-foot
half-street width measured from street center line to the property line is consistent with the General
PLANNING COMMISSION RESOLUTION NO.
DR 95-21 - NORTHTOWN HOUSING DEV. CORP.
May 22.1996
Page 2
3. Based upon the substantial evidence presented to this Commission during the above-
referenced headng and upon the specific findings of facts set forth in paragraphs I and 2 above. this
Commission hereby finds and concludes as follows:
a. That the proposed project is consistent with the objectives of the General Plan; and
b. That the proposed use is in accord with the objectives of the Development Code
and the purposes of the district in which the site is located; and
c. That the proposed use is in compliance with each of the applicable provisions of
the Development Code; and
d. That 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.
4. Based upon the facts and information contained in the proposed Negative Declaration,
together with all wdtten 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 Mitigated 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, furher, this Commission has reviewed and
considered the information contained in said Negative Declaration with regard to the application.
b. That, 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 753.5(c) 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 wildlife 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.
Planninq Division
1) Approval of Development Review 95-21 is contingent upon approval of
a Density Bonus Agreement by the Redevelopmerit Agency. Said
agreement shall be executed, prior to the issuance of any building
PLANNING COMMISSION RESOLUTION NO.
DR 95-21 - NORTHTOWN HOUSING DEV. CORP.
May 22, 1996
Page 3
2) The window locations of the two units flanking the central pedestrian
connection shall be revised to avoid being directly across from one
another. The final plans shall be reviewed and approved by the City
Planner, prior to building permit issuance.
2) All river rock shall be real native stone (not manufactured stone
product). The final plans shall be reviewed and approved by the City
Planner, prior to building permit issuance.
3) Composition shingle roof material is approved as consistent with the
architectural style and context.
4) Decorative paving shall be provided within the driveway throat, outside
the public right-of-way. The matedal shall stress long-term durability
along with varying textures. The matedal shall be approved by the
Planning Division, prior to the issuance of building permits.
Enoineedna DiviSiol~
1) An in-lieu fee as contribution to the future undergrounding of the
existing overhead utilities (telecommunication and electrical) on the
opposite side of Main Street and fronting the nodh side of Eight Street
south of the railroad right-of-way shall be paid to the City, pdor to the
issuance of building permits. The fee shall be one-half the City adopted
unit amount times the length of the project frontage (342 feet).
2) The General Plan indicates Main Street to be a local street which has
a 30-foot half-street right-of-way measured from street center line to the
property line. This parcel currently has 35 feet dedicated. Five feet
shall be vacated, prior to the issuance of building permits to allow for
conformance with the General Plan.
3) The full street improvements to be constructed across the Main Street
frontage shall transition to the existing improvements east and west of
the project as determined during plan check to the satisfaction of the
City Engineer.
4) A non-refundable deposit shall be paid to the City, covering the
estimated cost of operating all street lights during the first six months
of operation, prior to building permit issuance.
5) The proposed on-site (private) 18-foot RCP storm drain line connection,
as shown on the conceptual Grading Plan connecting to the back of the
City catch basin within Main Street, shall be connected to the
satisfaction of the City Engineer, and labeled "private storm drain line."
Mitigation Measures
1) An 8-foot high block wall shall be constructed along the south properly
line to mitigate excessive noise levels from the rail line, consistent with
the acoustical analysis dated December 8, 1995, on file with the City.
PLANNING COMMISSION RESOLUTION NO.
DR 95-21 - NORTHTOWN HOUSING DEV. CORP.
May 22, 1996
Page 4
The wall shall receive a decorative treatment. The final design shall
be reviewed and approved by the City Planner, prior to building permit
issuance.
2) The apartment units shall be constructed using adequate construction
techniques as identified in the acoustical analysis dated December 8,
1995, on file with the City. to mitigate the interior noise levels to within
acceptable levels. The final plans shall be reviewed and appreved by
the City Planner, prior to building permit issuance to ensure
compliance.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 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
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 22nd day of May 1996, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#:
SUBJECT:
APPLICANT:
PLEAS.~_C~E.G,~ T~E
APPLICANT SHALL CONTACT THE P~NNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. Time Limits completion Date
V/ 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. Development/Design Review shall be approved prior to / /
3. Approval of Tentative Tract No.__ is granted subject to the approval of
4. The developer shall commence, participate in, and consummate or cause to be commenced,
participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a
fire station to serve the development. The station shall be located, designed, and built to all
specifications of the Rancho Cucamonga Fire Protection District, and shall become the
District's property upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station. the developer shall comply with all
applicable laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
5. Prior to recordation of the final map or the issuance of building permits, whichever comes first.
the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community
Facilities District for the construction and maintenance of necessary school facilities.
However, if any school district has previously established such a Community Facilities District,
the applicant shall, in the alternative. consent to the annexation of the project site into the
territory of such existing District prior to the recordafion of the final map or the issuance of
building permits, whichever comes first. Further, if the affected school district has not formed
a Mello-Roos Community Facilities District within twelve months from the date of approval of
the project and prior to the recordation of the final map or issuance of building permits for said
project. this condition shall be deemed null and void.
Project No.
Completion Date
This condition shall be waived if the City receives notice that the applicant and all affected
school districts have entered into an agreement to privately accommodate any and all school
impacts as a result of this project.
6. 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
v/' 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, the Specific Plan, and the
Community Plan.
2. Prior 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 sh~ll 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.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for City Planner review and approval prior to the issuance of building permits.
V/ 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 applicable Community or Specific Plans in effect at
the time of building permit issuance.
7. A detailed on-site lighting plan shall be reviewed and approved 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.If no centralized trash receptacles are provided. all trash pick-up shall be for individual units
with all receptacles shielded from public view.
9. 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.
Completion Date
V/ 10. 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.
11. Street names shale be submitted for City Planner review and approval in accordance with the __ __/__
adopted Street Naming Policy prior to approval of the final map.
J 12. All building numbers and individual units shall be identified in a clear and concise manner, /
including proper illumination.
13. Adetai~edp~anindicatingtrai~widths~maximumsi~pes~physicalc~nditi~ns'fencing~andweed /
control, in accordance with City Master Trail drawings, shall be submitted for City Planner
review and approval prior to approval and recordation of the Final Tract Map and prior to
approval of street improvement and grading plans. Developer shall upgrade and construct all
trails, including fencing and drainage devices, in conjunction with street improvements.
a. Local Feeder Trails (i.e., private equestrian easemf~nts) shall, at a minimum, be fenced /
with two-rail, 4-inch lodgepole "peeler' logs to define both sides of the easement;
however, developer may upgrade to an alternate fence material.
b. Local Feeder Trail entrances shall also provide access for service vehicles, such as /
veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance
may be gated provided that equestrian access is maintained through step-throughs.
c. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a
distance of 25 feet behind the public right-of-way line to prohibit trail debds from reaching
the street. Drainage devices may be required by the Building Official.
14. The Covenants. Conditions. and Restrictions (CC&R's) shall not prohibit the keeping the
equine animals where zoning requirements for the keeping of said animals have been met.
Individual lot owners in subdivisions shall have the option of keeping said animals without the
necessity of appealing to boards of directors of homeowners' associations for amendments
to the CC&R's.
15. The Covenants, Conditions, and Restrictions(CC&R's) and Articles of lncorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer. The Homeowners' Association shall submit to the Planning
Division a list of the name and address of their officers on or before January 1 of each and
every year and whenever said information changes.
J 16. All parkways, open areas and landscap ng sha be permanent y maintained by the property
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approved prior to the issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a
solar energy system. The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordation of the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
sc- aM 3
Completion Date
shadows by vegetation. structures, fixtures, or any other obiect, except for utility wires and
similar objects, pursuant to Development Code Section 17.08.060-G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and
maintained in accordance with Historic Landmark Alteration Permit No. . Any further
modifications to the site including, but not limited to. exterior alterations and/or interior
alterations which affect the exterior of the buildings or structures, removal of landmark trees,
demolition. relocation, reconstruction of buildings or structures. or changes to the site, shall
require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
19. The developer shall submit a construction access plan and schedule for the development of
all lots for City Planner and City Engineer approval; including, but not limited to. public notice
requirements, special street posting, phone listing for community concerns. hours of
construction activity. dust control measures, and security fencing.
20. Six (6) foot decorative block wails shall be constructed along the project perimeter. If a double
wall condition would result, the developer shall make a good faith effort to work with the
adjoining property owners to provide a single wall. Developer shall notify, by mail, all
contiguous property owner at least thirty (30) days prior to the removal of any existing walls/
fences along the project's perimeter.
C. Building Design
1. An alternative energy system is required to provide domestic hot water for all dwelling units
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be included
in the building plans and shall be submitted for City Planner review and approval prior to the
issuance of building permits.
2. All dwellings shall have the front. side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of sudace treatment subject to City Planner
review and approval prior to issuance of building permits.
3. Standard patio cover plans for use by the Homeowners Association shall be submitted for City
Planner and Building Official review and approval prior to issuance of building permits.
4. All roof appurtenances, including air conditioners 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 buildin9 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. Textured pedestrian pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwellings/units/buildings with open
spaces/plazas/recreational uses.
sc- s,ss 4
Project No.z~;)~' ~-~' ~2'/
COmpletiOn Date
3. All parking spaces shall be double striped per City standards and all driveway aisles,
entrances, and exits shall be striped per City standards.
4. All units shah be provided with garage door openers if driveways are less than 18 feet in depth
from back of sidewalk.
5. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles
on this site unless they are the principal source of transportation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
6. Plans for any security gates shall be'submitted for the City Planner, City Engineer, and
Rancho Cucamonga Fire Protection District review and approval prior to issuance of building
permits.
E. Landscaping (for publicly maintained landscape areas, refer to Section N.)
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. Existing trees required to be preserved in place shall be protected with a construction barrier
in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans.
The location of those trees to be preserved in place and new locations for transplanted trees
shalI be shown on the detailed landscape plans. The applicant shall follow all of the arborist's
recommendations regarding preservation, transplanting, and trimming methods.
3. A minimum of z/5' trees per gross acre, comprised of the following sizes, shall be __/__
provided within the project: ~ % - 48-inch box or larger /~ % - 36-inch box or
larger, /~ % - 24- inch box or larger, ~ % - 15-gallon, and ~ % - 5 gallon.
4. A minimum of % of trees planted within the project shall be specimen size trees - 24- __/__ __
inch box or larger.
v'/ 5. V~thin parking lots, trees shall be planted at a rate of on 15-gallon tree for every three parking
stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
6. 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.
7. 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 installed by the developer prior to occupancy.
8. 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-cjallon 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. ~. of slope area. Trees and shrubs shall be planted
in staggered clusters to soften and vary slope plane. Slope planting required by this section
shall include a permanent irrigation system to be installed by the developer prior to occupancy.
9. For single family residential development, all slope planting and irrigations shall be __ __/
continuously maintained in a healthy and thriving condition by the developer until each
individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units,
an inspection shall be conducted by the Planning Division to determine that they are in
satisfactory condition.
10. For multi-family residential and non-residential development, property owners are responsible __ __/__
for the continual maintenance of all 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.
11. Front yard and corner side yard landscaping and irrigation shall be required per the
Development Code and/or . This requirement shall
be in addition to the required street trees and slope planting.
v/' 12. 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.
13. Special ~andscape features such as m~unding' aI~uvia~ r~ck~ specimen size trees~ meandering
sidewalks (with horizontal change), and intensified landscaping, is required along
14. Landscaping and irrigation 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.
v/ 15. All walls shall be provided with decorative treatment. If located in public maintenance areas,
the design shall be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and submitted for City Planner review and
approval prior to issuance of building permits. These criteria shall encourage the natural
growth characteristics of the selected tree species.
17.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.
V/ 3. Directory monument sign(s) shall be provided for apartment, condominium, or town homes
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
sc.3,es 6
Environmental
1. The developer shaft provide each prospective buyer written notice of the Fourth Street Rock
Crusher project in a standard format as determined by the City Planner, prior to accepting a
cash deposit on any property.
2. The developer shall provide each prospective buyer written notice of the City Adopted Special
Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner,
prior to accepting a cash deposit on any property.
3. The developer shall provide each prospective buyer written notice of the Foothill Freeway
project in a standard format as determined by the City Planner, prior to accepting a cash
deposit on any property.
4. A finai acoustical report shall be submitted for City Planner review and approval prior to the
issuance of building permits. The final report shall discuss the level of interior noise
attenuation to below 45 CNEL. the building materials and construction techniques provided,
and if appropriate. verify the adequacy of the mitigation measures. The building plans will be
checked for conformance with the mitigation measures contained in the final report.
5. Mitigation measures are required for the project. The applicant is responsible for the cost of
implementing said measures, including monitoring and reporting. Applicant shall be required
to post cash. letter of credit, or other forms of guarantee acceptable to the City Planner in the
amount of S ?/I~-~ , prior to the issuance of building permits, guaranteeing
satisfactory performance and completion of all mitigation measures. These funds may be
used by the City to retain consultants and/or pay for City staff time to monitor and report on
the mitigation measures. Failure to complete all actions required by the approved
environmental documents shall be considered grounds for forfeit.
in those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy),
the applicant shall provide a written monitoring and reporting program to the City Planner prior
to issuance of building permits. Said program shall identify the reporter as an individual
qualified to know whether the particular mitigation measure has been implemented.
H. 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.
2. For projects using septic tank facilities, written certification of acceptability, including all
supportive information, shall be obtained from the San Bernardino County Department of
Environmental Health and submitted to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR
OMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
sc- ~,~s 7
Proiec~ Wo.~ ~'~'/
Comptetion Date
v// 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.
2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to
existing unit(s), the applicant shall pay development fees at the established rate. Such fees
may include, but are not limited to: City Beautification Fee, Park Fee. Drainage Fee.
Transportation Development Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of building permits for a new commercial or industrial development or
addition to an existing development, the applicant shall pay development fees at the
established rate. Such fees may include, but are not limited to: Transportation Development
Fee, Drainage Fee. School Fees, Permit and Plan Checking Fees.
Z 4. Street addresses shalt be provided by the Building Official, after tract/parcel map recordation
and pdor to issuance of building permits.
J. Existing Structures
1. Provide compliance with the Uniform Building Code for the property line clearances
considering use. area, and fira-resistiveness of existing buildings.
2. Existing buildings shall be made to comply with correct building and zoning regulations for the
intended use or the building shall be demolished.
3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with the
Uniform Plumbing Code and Uniform Building Code.
4. Underground on-site utilities are to be located and shown on building plans submitted for
building permit application.
K. 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. A soils report shall be prepared by a qualified engineer licensed by the State of California to
pe~orm such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the
time of application for grading plan check.
4. The final grading plans shall be completed and approved prior to issuance of building permits.
5. As a custom-lot subdivision, the following requirements shall be met:
a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site
drainage facilities necessary for alewatering all parcels to the satisfaction of the Building
and Safety Division prior to final map approval and prior to the issuance of grading permits.
Completion Date
b. Appropriate easements for safe disposal of drainage water that are conducted onto or over
adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and
Safety Division prior to issuance of grading and building permits.
c. On-site drainage improvements, necessary for dewatering and protecting the subdivided
properties, are to be installed prior to issuance of buiiding permits for construction upon any
parcel that may be subject to drainage flows entering. leaving, or within a parcel relative
to which a building permit is requested.
d. Final grading plans for each parcel are to be submitted to the Building and Safety Division
for approval prior to issuance of building and grading permits. (This may be on an
incremental or composite basis).
e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or
planted with ground cover for erosion control upon completion of grading or some other
alternative method of erosion control shall be compieted to the satisfaction of the Building
Official. In addition a permanent irrigation system shall be provided. This requirement
does not release the applicant/developer from compliance With the slope planting
requirements of Section 17.08.040 1 of the Development Code.
APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
Dedication and Vehicular Access
1. Rights-of-way and easements shall be dedicated to the City for all interior public streets.
community trails, public paseos, public Jandscape areas, street trees, and public drainage
facilities as shown on the plans and/or tentative map. Private easements for non-public
facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans
and/or tentative map.
2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured
from street centerline):
total feet on
total feet on
total feet on
total feet on
3. An irrevocable offer of dedication for a -foot wide roadway easement shall be made
for all private streets or drives.
4. Non-vehicular access shall be dedicated to the City for the following streets:
5. Reciprocal access easements shall be provided ensuring access to all parcels by CC&R's or
be deeds and shall be recorded concurrently with the map or prior to the issuance of building
permits, where no map is involved,
g %.[:7
Projec, NO.~w~m ~:L2x'-Z-,/
completion Date
6. Private drainage easements for cross-lot drainage shall be provided and shall be delineated
or noted on the final map.
7.The final map shall clearly delineate a 10-foot minimum building restriction area on the
neighboring lot adjoining the zero lot line wall and contain the following language:
"//We hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction
of (residential) buildings (or other structures) within those areas designated on the map as
building restriction areas."
A maintenance agreement shall also be granted from each lot to the adjacent lot through the
CC&R's.
8.All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the
final map.
9.Easements for public sidewalks and/or street trees placed outside the public right-of-way shall
be dedicated to the City wherever they encroach onto private property.
10. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum
of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn
lane, a parallel street tree maintenance easement shall be provided.
11. The developer shall make a good faith effort to acquire the required off-site property interests
necessary to construct the required public improvements, and if he/she should fail to do so, the
developer shaU, at least 120 days pdor to submittal of the final map for approval, enter into an
agreement to complete the improvements pursuant to Government Code Section 66462 at
such time as the City acquires the property interests required for the improvements. Such
agreement shall provide for payment by the developer of all costs incurred by the City to
acquire the off-site property interests required in connection with the subdivision. Security for
a porlion of these costs shall be in the form of a cash deposit in the amount given in an
appraisal report obtained by the developer, at developer's cost. The appraiser shall have been
approved by the City prior to commencement ot the appraisal.
M. Street Improvements
1. All public improvements (interior streets, drainage facilities, community trails, paseos,
landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed !o City
Standards. Interior street improvements shall include, but are not limited to, curb and gutter,
AC pavement, drive approaches, sidewalks, street lights, end street trees.
2.A minimum of 26-foot wide pavement, within a 40-foot wide dedicated right-of-way shall be
constructed for all half-section streets.
Y/' 3. Construct the following perimeter street improvements including, but not limited to:
Curb & A.C, Side- Ddve Street Street Comrn Median Bike Other
Completion Date
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. 304. (d) If so marked, an in-lieu of construction fee shall be
provided for this item.
v// 4. Improvement plans and construction:
a. Street improvement plans including street trees and street lights, prepared by a registered
City Engineer, 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 public 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. Pavement striping, marking, traffic, street name signing, and interconnect conduit shall be
installed to the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed on any new construction or reconstruction
of major, secondary or collector streets which intersect with other major, secondary or
collector streets for future traffic signals. Pull boxes shall be placed on both sides of the
street at 3 feet outside of BCR, ECR or any other locations approved by the City Engineer.
Notes:
(1) All pull boxes shall be No. 6 unless otherwise specified by the City Engineer.
(2) Conduit shall be 3-inch galvanized steel with pull rope.
e. Wheel chair ramps shall be installed on all four comers of intersections per City Standards
or as directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all times with
adequate detours during construction. A street closure permit may be required. A cash
deposit shall be provided to cover the cost of grading and paving, which shall be refunded
upon completion of the construction to the satisfaction of the City Engineer.
g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be
installed to City Standards, except for single family lots.
h. Handicap access ramp design shall be as specified by the City Engineer.
i. Street names shall be approved by the City Planner prior to submittal for first plan check.
5. Street improvement plans per City Standards for all private streets shall be provided for review
and approval by the City Engineer. Prior to any work being performed on the private streets,
Completion Date
fees shall be paid and construction permits shall be obtained from the City Engineers Office
in addition to any other permits required.
v'/ 6. 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.
7.Intersection line of site designs shall be reviewed by the City Engineer for conformance with
adopted policy.
a. On collector or larger streets, lines of sight shall be plotted for all project intersections,
including driveways. Walls, signs, and slopes shall be located outside the lines of sight.
Landscaping and other obstructions within the lines of sight shall be approved by the City
Engineer.
b. Local residential street intersections shall have their noticeability improved, usually by
moving the 2+/-closest street trees on each side away from the street and placed in a
street tree easement.
8. A permit shall be obtained from Caltrans for any work within the following right-of-way:
9. All public improvements on the following streets shall be operationally complete prior to the
issuance of building permits:
N. Public Maintenance Areas
1. A separate set of landscape and irrigation plans per Engineedng Public Works Standards shall
be submitted to the City Engineer for review and approval prior to final map approval or
issuance of building permits, whichever occurs first. The following landscape parkways,
medians, paseos, easements, trails or other areas are required to be annexed into the
Landscape Maintenance District:
2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting
Districts shall be filed with the City Engineer pdor to final map approval or issuance of building
permits whichever occurs first. Formation costs shall be borne by the developer.
3. All required public landscaping and irrigation systems shall be continuously maintained by the
developer until accepted by the City.
4. Parkway landscaping on the following street(s) shall conform to the results of the respective
Beauti~cation Master Plan:
O. Drainage and Flood Control
1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood
protection measures shall be provided as certified by a registered Civil Engineer and approved
by the City Engineer.
2. It shall be the developers responsibility to have the current FIRM Zone
designation removed from the project area. The developers engineer shall prepare all
Completion Date
necessary reports, plans, and hydrologio/hydraulic calculations. A Conditional Letter of Map
Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of
building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by
FEMA prior to occupancy or improvement acceptance, whichever occurs first.
3. A final drainage study shall be submitted to and approved by the City Engineer prior to final
map approval or the issuance of building permits, whichever occurs first. All drainage facilities
shall be installed as required by the City Engineer.
4. A permit from the County Flood Control District is required for work within its right-of-way.
5. 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.
6. Public storm drain easements shall be graded to convey overflows in the event of a blockage
in a sump catch basin on the public street.
P. Utilities
V/ 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas,
electdc power, telephone, and cable TV (all underground) in accordance with the Utility
Standards. Easements shall be provided as required.
2. The developer shall be responsible for the relocation of existing utilities as necessary.
3. 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 Bernardino. A letter of compliance
from the CCWD is required prior to final map approval or issuance of permits, whichever occurs
first.
Q. General Requirements and Approvals
1.The separate parcels contained within the project boundaries shall be legally combined into one
parcel prior to issuance of building permits.
2.An easement for a joint use driveway shall be provided prior to final map approval or issuance
of building permits, whichever occurs first, for:
3. Prior to approval of the final map a deposit shall be posted with the City covering the estimated
cost of apportioning the assessments under Assessment District
among the newly created parcels.
4. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan
Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if
no map is involved.
5. Permits shall be obtained from the following agencies for work within their right-of-way:
13
Project No.
Completion Date
6. A signed consent and waiver form to join and/or form the Law Enforcement Community
Facilities District shall be filed with the City Engineer prior to final map approval or the issuance
of building permits, whichever occurs first. Formation costs shah be borne by the Developer.
7. Prior to finaliTation of any developmenl phase, sufficient improvement plans shall be completed
beyond the phase boundaries to assure secondary access and drainage protection to the
satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the
approved tentative map.
APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2780, FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
R. General Fire Protection Conditions
1. Mello Roos Community Facilities District requirements shall apply to this proiect.
I/" 2. Fire flow requirement shall be ~,,~-:~:) qallons per minute.
a. A previous fire flow conducted revealed
gpm available at 20 psi.
v/ b. A fire flow shall be conducted by the builder/developer and witnessed by fire
department personnel prior to water plan approval,
v/c. For the purpose of final acceptance, an additional fire flow test of the on-site
hydrants shall be conducted by the builder/developer and witnessed by the fire
department personnel after construction and prior to occupancy.
v/' 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed
and operable pdor 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 Distdct 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.
5, Prior to the issuance of building permits for combustible construction, evidence shah be
submitted to the Fire District that an approved temporary water supply for fire protection is
available, pending completion of required fire protection system.
Z 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to
final inspection.
7. An automatic fire extinguishing system(s) will be required as noted below:
Per Rancho Cucamonga Fire Protection District Ordinance 15.
/Other NI~.~
sc-3zs5 14
Proiect NO.z~i~'/4~"'Z/
Completion Date
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.
v'/ 8. Sprinkler system monitoring shall be installed and operational immediately upon completion of /__ __
sprinkler system.
v/' 9. A fire alarm system(s) shall be required as noted below:
/Per Rancho Cucamonga Fire Protection District Ordinance 15. __/
California Code Regulations Title 24. __/__ __
/Other ZZ,,.r;,~- ,F)'~¢F_~. __/
v/ 10. Roadways within project shall comply with the Fire District's fire lane standards, as noted: __/~ __
v/ All roadways.
Other
11. Fire department access shall be amended to facilitate emergency apparatus. __/__ __
12. Emergency secondary access shall be provided in accordance with Fire District standards. __/__ __
v/ 13. 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.
14. All trees and shrubs planted in any median shall be kept trimmed a minimum of 14'6" from /
ground up so as not to impede fire apparatus.
v// 15. A building directory shall be required, as noted below: /
v/ .Lighted directory within 20 feet of main entrance(s).
Standard Directory in main lobby.
Other
v/' 16. 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.
17. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire /
Safety Division for specific details and ordering information.
18.A tenant use letter shall be submitted prior to final building plan approval. Contact the Fire
Safety Division for the proper form letter.
sc-3~ 15
Project NO. ,~
Completion Date
v/ 19. Plan check fees in the amount of $ "' have been paid. An additional $ ~,~. ~ shall be paid:
v/ Prior to water plan approval. __/__
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.
S. Special Permits
1. Special permits may be required, depending on intended use, as noted below:
a. General Use Permit shall be required for any activibJ or operation not specifically ~/__
described below, which in the judgement of the Fire Chief is likely to produce
conditions hazardous to life or property.
b. Storage of readily combustible material. __/__
c. Places of assembly (except churches, schools, and other non-profit organizations). __/__ __
d. Bowling alley and pin refinishing. __/__ __
e. Cellulose Nitrate plastic (Pyroxylin). __/__ __
f. Combustible fibers storage and handling exceeding 100 cubic feet. __/__ __
__g. Garages. __/__
Motor vehicle repair (H-4).
__h. Lumber yards (over 100,000 board feet). __/__
__i. Tire rebuilding plants. __/__
__j. Auto wrecking yards. __/__
Junk or waste material handling plants.
k. Flammable finishes. __/__ __
Spraying or dipping operations, spray booths, dip tanks, electrostatic apparatus,
automobile undercoating, powder coating and organic peroxides and dual component
coatings (per spray booth).
__1. Magnesium (more than 10 pounds per day). __/__
__m. Oil burning equipment operations. __/__
__n. Ovens (industrial baking and drying). __/__ __
__o. Mechanical refrigeration (over 20 pounds of refrigerant). __/__
p. Compressed gases (storage, handling or use exceeding 100 cubic feet). /__
sc-3~ 16
q. Cryogenic fluids (storage, handling, or use).
r. Dust-producing processes and equipment.
s. Flammable and combustible liquids (storage, handling, or use).
t. High piled combustible stock.
u. Liquefied petroleum gas (storage, handling, transport, or use exceeding more than
120 gallons).
v. Matches (more than 60 Matchman's gross).
w.Welding and cutting operations: to conduct welding and/or cutting operations in any
occupancy.
2. Project is located in a high fire hazard area and is subject to special wildland/urban interface
hazard mitigation requirements. Such requirements may include requirements related to
vegetation management plans, special construction enhancements, emergency access. water
supply, automatic fire extinguishing systems, and other special requirements. Contact the
Fire/Building Safety New Construction Unit for information.
PLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH
E FOLLOWING CONDITIONS:
T. Security Lighting
v//" 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 sensoled cell.
v/' 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.
V// 3. Lighting in exterior areas shall be in vandal-resistant fixtures.
U. Security Hardware
v/''' 1. A secondary locking device shall be installed on all sliding glass doors.
v'/" 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are
within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be
used.
v//' 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices.
4. All roof openings giving access to the building shall be secured with either iron bars, metal
gates, or alarmed.
' Fencing
sc.3t~ 17
Projecl No.
Completion Date
V/' 1. When utilizing security gates, a Knox box sub-master system security device shall be used __/
since fire and law enforcement can access these devices.
W. Windows
1. All sliding glass windows shall have secondary locking devices and should not be able to be __/__
lifted from frame or track in any manner.
2. Store front windows shall be visible to passing pedestrians and traffic. __/__
X. Building Numbering
v/' 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime __/__
visibility.
2. Developer shall paint roof top numbers on one or more roofs of this development. They shall __/__
be a minimum of three feet in length 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.
3. At the entrances of complex, an illuminated map or directory of project shall be erected with
vandal-resistant cover. The directory shall not contain names of tenants, but only address
numbers, street names, and their locations in the complex. North shall be at the top and so
indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign
Permit and approval by the Planning Division.
4. A~~deve~~pmentssha~~submita81/2~~x11~~sheetwiththenumberingpattern~fa~~mu~ti~tenant __/__
developments to the Police Department.
Y. 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.
sc-:~s,s 18
CITY OF RANCHO CUCA1ViONGA ' ~
STAFF ltF, PORT
DATE: May 22, 1996
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
BY: Scott Murphy, AICP, Associate Planner
SUBJECT: DEVELOPMENT REVIEW 96-04 - DIVERSIFIED PACIFIC HOMES - Review of the
detailed site plan and building elevations for a previously approved tract map (Tract
14072) consisting of 22 single family lots in the Low Residential designation (2-4
dwelling units per acre), located at the southwest corner of Highland Avenue and
Jasper Street -APN: 201-212-17, 19, and 21. (Related File: Variance 96-07)
VARIANCE 96-07 - DIVERSIFIED PACIFIC HOMES - A request to reduce
the required perimeter boundary setback for one unit with a previously approved
tract map (Tract 14072) in the Low Residential designation (2-4 dwelling units per
acre), located at the southwest corner of Highland Avenue and Jasper Street -
APN: 201-212-17, 19, and 21. (Related File: Development Review 96-04)
PROJECT AND SITE DESCRIPTION:
A. Surroundina Land Use and Zoninq:
North - Single Family Residential; Low Residential (2-4 dwelling units per acre)
South - Vacant (proposed freeway); Low Residential (2-4 dwelling units per acre)
East Single Family Residential; Low Residential (2-4 dwelling units per acre)
West Church; Low Residential (2-4 dwelling units per acre)
B. General Plan Desiclnations:
Project Site - Low Residential (2-4 dwelling units per acre)
North - Low Residential (2-4 dwelling units per acre)
South- Freeway
East Low Residential (2-4 dwelling units per acre)
West Low Residential (2-4 dwelling units per acre)
C. Site Characteristics: The site is currently vacant with an average slope of 5 percent from
nodh to south. The site is bounded on the north and east by existing single family homes,
on the west by a church, and on the south by the proposed Route 30 freeway.
ANALYSIS:
A. Backqround: Tract 14072 was originally approved by the Planning Commission in September
1990 for 22 single family lots. The applicant has submitted the final plans for plan check that
would permit the recordation of the final map. However, the final street improvement and
tract map plans must be resubmitted to address revisions to City standards that have
occurred since 1990. The property owner has also resubmitted the rough grading plan to the
City for review and approval. These revisions are not significant.
./
ITENS E & F
PLANNING COMMISSION STAFF REPORT
DR 96-04/VAR 96-07 - DIVERSIFIED PACIFIC HOMES
May 22, 1996
Page 2
B. General: The applicant is proposing to develop the 22 lots with single family homes ranging
in size from 2,098 to 2,840 square feet. The three units include one single-story and two
2-story floor plans. Each floor plan has two elevations. Plan 2 is designed with a side-entry
garage.
C. Desiqn Review Committee: The Design Review Committee reviewed the application on April
14, 1996, and recommended approval of the project subject to the following:
1. Plan 2R should be used on Lot 22. Plan I may be used on Lot 21 in order to maintain
the appropriate unit mix within the model complex.
2. Plan 3R should be used on Lot 8 to pull the driveway as far from the comer as possible.
Plan 2R may be used on Lot 10 to maintain the unit mix within the subdivision.
3. Plan 2R should be used on Lot 11 instead of Plan 2 to orient the unit towards the
subdivision. The applicant indicated that they were not able to provide the required
20-foot perimeter setback and provide sufficient separation between the living area and
the side yard fencing (5 feet) with the Plan 2. The Committee recommended the
applicant work with staff on alternative layouts.
4. Plan 2 should be used on Lot 19 to maintain the number of standard and reverse-plot
units.
5. Variation should be provided in garage door treatments.
6. Return walls should be constructed of block and receive a decorative finish consistent
with the building designs.
Comment numbers 1 through 4 have been have been incorporated into the revised exhibits
included with this report.
D. Variance ReQuest: In conjunction with the Development Review application, the applicant is
requesting Variance approval to allow a reduction in the perimeter setback on Lot 11. Under
the Development Code, the project must maintain a perimeter setback of 20 feet. This
setback applies to the sides and rear of any lot at the perimeter of the project. Because of
the design of the subdivision, all lots are at the project perimeter. The applicant was able to
meet the setback requirement for all lots within the subdivision; but, in doing so, the unit on
Lot 11 was placed with the side-entry garage on the east side of the lot. This created a
situation where this lot "turned its back" on the rest of the subdivision. The main living area
was on the west side of the lot oriented away from the balance of the tract. These type of lots
are typically the most difficult to sell because of being set off by themselves.
In reviewing the application, the Design Review Committee noted this d~sign issue and
requested the applicant explore alternative layouts. The applicant explained that the other
plans proposed for the project are wider and would not meet the setback requirement. The
applicant acknowledged the unit proposed (Plan 2) could be reversed and meet the setback;
however, in doing so, the living room windows would be located 5 feet from the east property
L
PLANNING COMMISSION STAFF REPORT
DR 96-04NAR 96-07 - DIVERSIFIED PACIFIC HOMES
May 22, 1996
Page 3
line. The applicant preferred that a greater setback be provided between the living area and
the fence. As a result, the applicant has submitted a Variance application requesting a
reduction in the perimeter setback. The revised site plan would place the residence as close
as 12 feet, 10 inches from the west property line.
For the Planning Commission to approve a Variance, facts to support all of the following
findings must be made:
1. That strict or literal interpretation and enforcement of the specified regulations would
result in practical difficulty or unnecessary physical hardship inconsistent with the
objectives of the Development Code.
2. That there are exceptional or extraordinary circumstances or conditions applicable to
the property involved or to the intended use of the property that do not apply generally
to other properties in the same district.
3. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties in the
same district.
4. That the granting of th~ Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district.
5. That the granting of the Vadance will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
In evaluating the Variance request, staff provides the following information for the Planning
Commission's consideration:
1. The perimeter setback requirement was put in place to provide separation/transition
between projects and/or land uses. In this instance, the west project boundary abuts
the parking area for a church. A five-foot landscape area is provided on the church
property. The main church building is located on the west side of the site, adjacent to
Sapphire Street. The only conflicts anticipated between the church and the residence
would occur during the church operation. Even so, the parking area abutting the project
site is the furthest row of parking from the church building. This area is typically used
during special occasions where the entire parking lot is full. The portion of the house
that does not conform to the setback is the garage which does not contain any habitable
space. Therefore, conflicts between the house and the adjacent church should be
minimal.
2. The main portion of the residence is located 20 feet from the property line. The garage
is the only portion of the structure encroaching into the setback area.
3. The property is a relatively small strip of land located between Highland Avenue and the
future freeway right-of-way. The depth of the parcel is such that the subdivision can
only be designed with two rows of housing with a street in the middle. This results in
PLANNING COMMISSION STAFF REPORT
DR 96-04/VAR 96-07- DIVERSIFIED PACIFIC HOMES
May 22, 1996
Page 4
all lots being located at the site perimeter requiring the 20-foot setback. Most other
subdivisions have interior lots that do not require the perimeter setback.
4. Lot 11 could be designed to meet the perimeter setback. The house would be oriented
away from balance of the subdivision with the garage on the east side of the lot. This
layout would reduce interaction of the unit with the balance of the neighborhood. The
General Plan encourages the siting of residential units to provide social interaction
within the neighborhood. Also, dwelling units should be designed and sited so they
relate as a visual unit. Orientation of the unit to meet the setback requirement would
not achieve the General Plan objectives.
E. Environmental Assessment: In approving the subdivision map in 1990, the Planning
Commission issued a Negative Declaration for the project with mitigation measures to
address potential noise impacts from the future freeway to the south. The original freeway
design showed a pa~ially elevated freeway in order to go over Sapphire Street. This design
required a 10-1/2 foot high sound wall along the south property line to mitigate the noise.
Over the past year, the Route 30 Ad Hoc Committee has been meeting to review the design
of the freeway through Rancho Cucamonga. As a result of these meetings, the freeway
profile has changed dramatically in this area of the City. The current design calls for a
depressed freeway profile roughly 30 feet below the pad grade elevations. As a result of the
redesign, a revised acoustical analysis has been prepared. The new study indicates that a
6-foot garden wall will now satisfy the noise mitigation requirements.
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 that the Planning Commission approve Variance 96-07
and Development Review 96-04 through adoption of the attached Resolutions.
City Planner
BB:SM:wh
Attachments: Exhibit "A" - Site Utilization Plan
Exhibit "B" - Site Plan
Exhibit "C" - Building Elevations
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PETER J. PITASSI, AIA
A O H I T O T
April 23, 1996
Mr. Chairman and Members of the Planning Commission:
We are currently processing a Design Review application for Product Design and Site
Planning (DR96-04) as it applies to Tract No. 14072. This tract was approved in 1990 by
: another party and includes 22 lots on the north and south side of the extension of Hunter
Drive. The project is located on the south side of Highland Avenue between Carnelian
and Sapphire and is contiguous to the parking area of the Mormon church located on the
southeast comer of Highland and Sapphire..
LOt No. I 1, located in the extreme southwest comer of the tract, is 74.75' wide. The
· Development Code requires a 20' setback for the dwelling unit and a 5' setback for an '
accessory building at the interior site boundary of the tract. Total side yard setbacks for
this lot would total 25' which would allow a maximum unit width of 49.75'.
Plan No. 2 is our narroWest unit at 50'-0" wide and, as shown on Exhibit N0. 1, will be
plotted on Lot No. 11. Per our discussion with Planning staff members, a minor
exception, as noted in Development Code Section 17.04.050 B. 1 .b., would be required
for the 19.75' setback and could be granted. Orienting Plan No. 2 in this way would turn
the home'shack to the neighborhood and would be a poor siting for this lot.
Exhibit No. 2 indicates our preferred plotting upon this lot and the purpose of our
application for a Variance from the interior site setback requirements as they apply to Lot
No. 11.
This proposal will provide a 12'-10" setback on the west side and an 11'-11" setback on
the east side, however, this proposal would maintain a 20' setback on the west side to the
residence at both the first and second floor. The projection into the site boundary side
yard would only occur at the one story garage element.
Section 17.08.060 of the Development Code refers to Accessory Structures and Additions
and defines these components. Although we do not technically comply with these
definitions, this section does refer to conditions which may exist to allow accessory
structures or additions to have decreased setbacks.
~ROJECT:"t~"'~d"~',,/~'4f~''r/ I~ANCHO CUCAMONGA. CA ~1730
EXHIBIT:
Our preferred siting of a residence on Lot No. 11, as shown in Exhibit No. 2, would not
impact the neighboring property to the west since it is developed with a parking area for a
church facility. Furthermore, we will still maintain the required 20' setback to the living
area of the home, we will increase the setback on Lot No. 11 's east side, and we will allow
a more "neighborly" siting of our home on this lot.
Your consideration of this request would be most appreciated and we thank you in
advance for your consideration.
PJP: cas
Enclosures! Exhibits No.1 and 2
Exhibit No. I
PLAN
ELEV.
LOT II LOT
14.15' '14.1
PRO~ECT:~®~'I E F I~
EXHIBIT:~D- "~
Exhibit No. 2
PLAN
PAD =
ELEV.
LOT II LOT
- I~ - - .
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, APPROVING VARIANCE
NO. 96-07, A REQUEST TO REDUCE THE REQUIRED PERIMETER
BOUNDARY SETBACK FROM 20 FEET TO 12 FEET 10 INCHES FOR ONE
UNIT WITHIN A PREVIOUSLY APPROVED TRACT MAP (TRACT 14072) IN
THE LOW RESIDENTIAL DESIGNATION (2-4 DWELLING UNITS PER
ACRE), LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND
AVENUE AND JASPER, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 201-212-17, 19, AND 21.
A. Recitals.
1. Diversified Pacific has filed an application for the issuance of Vadance No. 96-07 as
described in the title of this Resolution. Hereinafier in this Resolution. the subject Vadance request
is referred to as "the application."
2. On the 22nd day of May 1996, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said headrig
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,
Pad A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission during the above-
referenced public hearing on May 22, 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 southwest corner of Highland
Avenue and Jasper Street with a street frontage of 870 feet and lot depth of 345 feet and is presently
vacant; and
b. The properties to the nodh and east of the subject site are designated for and
developed with single family residences. The proper~y to the south is designated for the future Route
30 Freeway. The properly to the east is designated for residential use and is developed with a
church; and
c. The applicant is proposing to locate a single family residence 12 feet, 10 inches
from the site perimeter. contrary to the Development Code requirement of 20 feet; and
d. The perimeter setback requirement was put in place to provide separation/transition
between projects and/or land uses. In this instance, the west project boundary abuts the parking
area for a church. A 5-foot landscape area is provided on the church property. The main church
L='
PLANNING COMMISSION RESOLUTION NO.
VAR 96-07 - DIVERSIFIED PACIFIC
May 22, 1996
Page 2
building is located on the west side of the site, adjacent to Sapphire Street. The only conflicts
anticipated between the church and the residence would occur during the church operation. Even
so, the parking area abutting the project site is the furthest row of parking from the church building.
This area is typically used during special occasions where the entire parking lot is full. The podion
of the house that does not conform to the setback is the garage which does not contain any
habitable space. Therefore, conflicts between the house and the adjacent church should be
minimal; and
e. The main portion of the residence is located 20 feet from the property line. The
garage is the only portion of the structure encroaching into the setback area; and
f. The properbJ is a relatively small stdp of land located between Highland Avenue and
the future freeway right-of-way. The depth of the parcel is such that the subdivision can only be
designed with two rows of housing with a street in the middle. This results in all lots being located
at the site perimeter requidng the 20-foot setback. Most other subdivisions have interior lots that do
not require the perimeter setback; and
g. Lot 11 could be designed to meet the perimeter setback, however, the house would
be oriented away from balance of the subdivision with the garage on the east side of the lot. This
layout would reduce interaction of the unit with the balance of the neighborhood. The General Plan
encourages the siting of residential units to provide social interaction within the neighborhood. Also,
dwelling units should be designed and sited so they relate as a visual unit. Orientation of the unit
to meet the setback requirement would not achieve the General Plan objectives.
3. Based upon the substantial evidence presented to this Commission dudng the above-
referenced public headrig and upon the specific findings of facts set forth in paragraphs I and 2
above, this Commission hereby finds and concludes as follows:
a. That strict or literal interpretation and enforcement of the specified regulations
would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of the Development Code.
b. That there are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not apply generally to other
properties in the same district.
c. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties in the same district.
d. That the granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district.
e. That the granting of the Vadance will not be detrimental to the public health, safety,
or welfare or materially injurious to properties or improvements in the vicinity.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2. and 3 above, this
Commission hereby approves the application.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
J
PLANNING COMMISSION RESOLUTION NO.
VAR 96-07 - DIVERSIFIED PACIFIC
May 22, 1996
Page 3
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 1996.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
A'PI'EST:
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 22nd day of May 1996, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. 96-04, A REVIEW OF THE DETAILED SITE PLAN AND
BUILDING ELEVATIONS FOR A PREVIOUSLY APPROVED TRACT MAP
(TRACT 14072) CONSISTING OF 22 SINGLE FAMILY LOTS IN THE LOW
RESIDENTIAL DESIGNATION (2-4 DWELLING UNITS PER ACRE),
LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND
JASPER STREET, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 201-212-17, 19, AND 21.
A. Recitals.
1. Diversified Pacific has filed an application for the approval of Development Review No.
96-04, as described in the title of this Resolution. Hereinafier in this Resolution, the subject
Development Review request is referred to as "the application."
2. On the 22nd day of may 1996, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public headng 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 substantial evidence presented to this Commission during the above-
referenced hearing on May 22, 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 at the southwest corner of Highland
Avenue and Jasper Street with a street frontage of 870 feet and lot depth of 345 feet and is presently
vacant; and
b. The properties to the north and east of the subject site are designated for and
· developed with single family residences. The property to the south is designated for the future Route
30 Freeway. The property to the east is designated for residential use and is developed with a
church; and
c. The application, in conjunction with the related Variance, will comply with the
applicable provisions of the Development Code; and
d. The development of the 22 single family lots is consistent with the Low Residential
designation of the Development Code and the General Plan.
PLANNING COMMISSION RESOLUTION NO.
DR 96-04 - DIVERSIFIED PACIFIC
May 22, 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 forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. That the proposed project is consistent with the objectives of the General Plan; and
b. That the proposed use is in accord with the objectives of the Development Code
and the purposes of the district in which the site is located; and
c. That the proposed use is in compliance with each of the applicable provisions of
the Development Code; and
d. That 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.
4. This Commission hereby finds and certifies that the project has been reviewed and
considered in compliance with the Califomia Environmental Quality Act of 1970, as amended, and
the State CEQA guidelines promulgated thereunder; and a Negative Declaration was issued by this
Commission on September 20, 1990. Further this Commission finds that the application is in
substantial compliance with the original approval for which a Negative Declaration was issued.
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.
Plannino Division
1) Variation shall be provided in garage door treatments. The final design
shall be reviewed and approved by the City Planner prior to building
permit issuance.
2) Return walls between units shall be constructed of block and receive
a decorative finish consistent with the building designs. The final
design shall be reviewed and approved by the City Planner prior to
building permit issuance.
3) The perimeter walls shall be constructed of block and receive a
decorative finish consistent with the project to the east. The final
design shall be reviewed and approved by the City Planner prior to
building permit issuance.
Enqineerinq Division
1) All applicable conditions of Tentative Tract Map 14072 shall be
complied with.
2) It is recommended that the house plan located on Lot 8 be changed so
the proposed drive approach can be located a minimum of 50 feet from
the curb return to avoid backing out and blind right turn movements,
pursuant to the City's driveway policy.
PLANNING COMMISSION RESOLUTION NO.
DR 96-04 - DIVERSIFIED PACIFIC
May 22, 1996
Page 3
3) The house plan located on Lot 22 shall be changed so the proposed
drive approach can be located westerly to avoid any conflict with the
existing or proposed catch basins. The catch basins are located within
a sump condition, and without changes occurring to the street grade,
cannot be relocated.
4) The public improvement plans for the tract, which have been through
numerous plan checks, shall be revised as needed to reflect any
driveway changes as proposed with this development review and
comments herein.
5) All public improvements shall be constructed with Phase 1 of
development. to the satisfaction of the City Engineer.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 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
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 22nd day of May 1996, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
COMMUNITY DEVELOPMENT
DEPARTMEN'I
STANDARD CONDITIONS
PROJECT#: ~',~./~Y/~'YY' Y~'d/"Z/
SUBJECT: ZZ' ,..7/f.~Z,E ~/Zy ~
/
A P P L I C A N T: ~~/~ ,~/~/~
P~ZA~ ~ECK, TH~:~ANDARD"CONDInONS THAZ ~~ Y~?BO~EC~<
APPLICA~ SHALL CONTACT THE P~NNING DIVISION, (909) 477-2750, FOR COMPLIANCE ~H THE FOLLOWING
CONDITIONS:
A. Time Limi~ completion Date
1. Approval shall expire. unless e~ended by the Planning Commission. if building permits are
not issued or approved use has not ~mmenced within 24 months from the date of approval.
2. ' DevelopmentDesign Review shall ~ approved prior to __/ /
3. Approval of Ten~tive Tract No.__ is granted subject to the approval of
4. The develo~r shall ~mmence, pa~icipate in. and ~nsummate or cause to be commenced.
padicipated in, or consummated, a Mello-Roos Communi~ Facilities District (CFD) for the
Rancho Cu~monga Fire Protection District to finance construction and/or maintenance of a
fire s~tion to seNe the development. The station shall be Io~ted. designed, and built to all
specifi~tions of the Rancho Cu~monga Fire Protection District. and shall become the
District's prope~ upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station. the developer shall comply with all
appli~ble laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
5. Prior to re~rdation of the final map or the issuance of building ~rmits. whichever comes
the appli~nt shall consent to, or pa~icipate in, the establishment of a Mell~Roos Communi~
Facilities District for the construction and maintenance of necessa~ school ~cilities.
However, if any school distdct has previously established such a Communi~ Facilities District,
the appli~nt shall, in the alternative. consent to the annexation of the project site into the
territo~ of such existing District prior to the recordation of the final map or the issuance of
building pe~its, whichever ~mes first. Fu~her, if the affected school district has not formed
a Mell~Roos Communi~ Facilities District within ~elve months from the date of approval of
the project and pdor to the re~rdation of the final map or issuance of building permits for said
project, this condition shall be deemed null and void.
sc-~ 1
Completion Date
This condition shall be waived if the Gity receives notice that the a~plicant an~ aH a~ecte~
school ~istd~s have entered into an a~reement to privately accommodate an~ an~ aH school
impacts as a result of this
Prior to re¢or~ation of the final map
is involved, wri~en ce~i~cation from the affected water district that adequate sewer and water
facilities are or will be available to seNe the proposed project shall be submi~ed to the
Depa~ment of Communi~ Development. Such le~er 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, the Specific Plan, and the
Communi~ Plan.
2. Prior to any use of the project site or business activi~ being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the Ci~ Planner.
3. O~upancy 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 submi~ed to the Rancho Cu~monga Fire Protection District and the Building and Safe~
Division to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submi~ed for Ci~ Planner review and approval prior to the issuance of building permits.
5. All site, grading, lands~pe, 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 ~se 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 appli~ble Ci~ Ordinances, and applicable Communi~ or Specific Plans in effect at
the time of building permit issuance.
7. A detailed on-site lighting plan shall be reviewed and approved by the Ci~ Planner and Police
Depa~ment (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 prope~ies.
8.If no centralized trash receptacles are provided, all trash pick-up shall be for individual units
with all receptacles shielded from public view.
9. Trash receptacle(s) are requi~ed and shall meet Ci~ standards. The final design, locations,
and the number of trash receptacles shall be subject to Ci~ Planner review and approval prior
to the issuance of building permits.
Completion Date
10. 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.
11. Street names shall be submitted for City Planner review and approval in accordance with the / /
adopted Street Naming Policy prior to approval of the final map.
12. All building numbers and individual units shall be identified in a clear and concise manner / /
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed / /
control, in accordance with City Master Trail drawings, shall be submitted for City Planner
review and approval prior to approval and recordation of the Final Tract Map and prior to
approval of straet improvement and grading plans. Developer shall upgrade and construct all
trails, including fencing and drainage devices, in conjunction with street improvements.
a. Local Feeder Trails (i.e.. pdvate equestrian easements) shall. at a minimum, be fenced / /
with lwo-rail, 4-inch lodgepole "peeler' logs to define both sides of the easement;
however, developer may upgrade to an alternate fence material.
b. Local Feeder Trail entrances shall also provide access for service vehicles, such as / /
veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance
may be gated provided that equestrian access is maintained through step-throughs.
c. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a
distance of 25 feet behind the public right*of-way line to prohibit trail debds from reaching
the street. Drainage devices may be required by the Building Official.
14. The Covenants, Conditions, and Restrictions (CC&R's) shall not prohibit the keeping the
equine animals where zoning requirements for the keeping of said animals have been met.
Individual lot owners in subdivisions shall have the option of keeping said animals without the
necessity of appealing to boards of directors of homeowners' associations for amendments
to the CC&R's.
15. The Covenants, Conditions, and Restrictions(CC&R's) and Articles of lncorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer. The Homeowners' Association shall submit to the Planning
Division a list of the name and address of their officers on or before January 1 of each and
every year and whenever said information changes.
16. All parkways, open areas, and landscaping shall be permanently maintained by the property
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approved prior to the issuance of building permits.
17. Solar access easements shall be dedicated for the purpose o~assuming that each lot or
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a
solar energy system. The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordation of the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
..)
sc-~6 3
shadows by vegetation, structures, fixtures, or any other object, except for utility wires and
similar objects, pursuant to Development Code Section 17.08.060-G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and
maintained in accordance with Historic Landmark Alteration Permit No. . Any further
modifications to the site including, but not limited to, exterior alterations and/or interior
alterations which affect the exterior of the buildings or structures, removal of landmark trees,
demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall
require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
19. The developer shall submit a construction access plan and schedule for the development of
all lots for City Planner and City Engineer approval; including, but not limited to, public notice
requirements, special street posting, phone listing for community concerns, hours of
construction activity, dust control measures, and security fencing.
v/ 20. Six (6) foot decorative block walls shall be constructed along the project perimeter. If a double
wall condition would result, the developer shall make a good faith effort to work with the
adjoining property owners to provide a single wall. Developer shall notify, by mail, all
contiguous property owner at least thirty (30) days prior to the removal of any existing walls/
fences along the project's perimeter.
C. Building Design
1. An alternative energy system is required to provide domestic hot water for all dwelling units
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be included
in the building plans and shall be submitted for City Planner review and approval prior to the
issuance of building permits.
v/ 2. All dwellings shall have the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment subject to City Planner
review and approval prior to issuance of building permits.
3. Standard patio cover plans for use by the Homeowner's Association shall be submitted for City
Planner and Building Official review and approval prior to issuance of building permits.
v/ 4. All roof appurtenances, including air conditioners 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. Textured pedestrian pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwellings/units/buildings with open
spaces/plazas/recreational uses.
Project No,-~~ ~ -~"~/
Completion Date
3. AH parking spaces shall be double striped per City standards and aH driveway aisles,
entrances, and exits shall be striped per City standards.
4. All units shall be provided with garage door openers if driveways are less than 18 feet in depth
from back of sidewalk.
5. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles
on this site unless they are the principal source of transportation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
6. Plans for any security gates shall be submitted for the City Planner. City Engineer, and
Rancho Cucamonga Fire Protection District review and approval prior to issuance of building
permits.
E. Landscaping (for publicly maintained landscape areas, refer to Section N.)
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 pdor to the issuance of building permits
or prior final map approval in the case of a custom lot subdivision.
2. Existing trees required to be preserved in place shall be protected with a construction barrier
in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans.
The location of those trees to be preserved in place and new locations for transplanted trees
shall be shown on the detailed landscape plans. The applicant shall follow all of the arborisrs
recommendations regarding preservation. transplanting. and trimming methods.
3. A minimum of trees per gross acre, comprised of the following sizes, shall be
provided within the project: % - 48-inch box or larger % - 36-inch box or
larger, % - 24- inch box or larger, % - 15-gallon, and % - 5 gallon.
4. A minimum of % of trees planted within the project shall be specimen size trees - 24-
inch box or larger.
5. Within parking lots. trees shall be planted at a rate of on 15-gallon tree for every three parking
stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
6. 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.
7. 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 installed by the developer prior to occupancy.
8. 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 -galJon 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. ft. of slope area. Trees and shrubs shall be planted
in staggered clusters to soften and vary slope plane. Slope planting required by this section
shall include a permanent irrigation system to be installed by the developer prior to occupancy.
SC * 31~6 5
v/ 9. For single family residential development, all slope planting and irrigations shall be
continuously maintained in a healthy and thriving condition by the developer until each
individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units,
an inspection shall be conducted by the Planning Division to determine that they are in
satisfactory condition.
10. F~rmu~ti~fami~yresidentia~andn~n-residentialdeve~~pment~pr~perb/~wnersareresp~nsib~e
for the continual maintenance of all 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.
11. Front yard and corner side yard landscaping and irrigation shall be required per the
Development Code and/or . This requirement shall
be in addition to the required street trees and slope planting.
12. 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.
13. Specia~~andscapefeaturessuchasm~unding~a~~uvia~r~ck~specimensizetrees~meandering
sidewalks (with horizontal change). and intensified landscaping. is required along
14. Landscaping and irrigation 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.
15. All walls shall be provided with decorative treatment. If located in public maintenance areas. /
the design shall be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and submitted for City Planner review and /
approval prior to issuance of building permits. These criteria shall encourage the natural
growth characteristics of the selected tree species.
v/ 17. 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 shaft
require separate application and approval by the Ranning 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.
3. Directory monument sign(s) shall be provided for apartment, condominium, or town homes
prior to occupancy and sha~l require separate application and approval by the Planning
Division prior to issuance of building permits.
Completion Date
G. Environmental
1. The developer shall provide each prospective buyer wri~en notice of the Fourth Street Rock
Crusher project in a standard format as determined by the City Planner, prior to accepting a
cash deposit on any proper~.
2. The developer shall provide each prospective buyer written notice of the City Adopted Special
Studies Zone for the Red Hill Fault, in a standard format as determined by the Cib~ P[anneq
prior to accepting a cash deposit on any property.
3. The developer shall provide each prospective buyer written notice of the Foothill Freeway
project in a standard format as determined by the City Planner, prior to accepting a cash
deposit on any property.
4. A final acoustical repod shall be submitted for City Planner review and approval prior to the
issuance of building permits. The final report shall discuss the level of interior noise
attenuation to below 45 CNEL, the building materials and construction techniques provided,
and if appropriate, vedfy the adequacy of the mitigation measures. The building plans will be
checked for conformante with the mitigation measures contained in the final report.
5. Mitigation measures are required for the project. The applicant is responsible for the cost of
implementing said measures, including monitoring and reporting. Applicant shall be required
to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the
amount of $ 1/~. --' , prior to the issuance of building permits, guaranteeing
satisfactory performance and completion of all mitigation measures. These funds may be
used by the City to retain consultants and/or pay for City staff time to monitor and report on
the mitigation measures. Failure to complete all actions required by the approved
environmental documents shall be considered grounds for forfeit.
In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy),
the applicant shall provide a wdtten monitoring and reporting program to the City Planner prior
to issuance of building permits. Said program shall identify the reporter as an individual
qualified to know whether the particular mitigation measure has been implemented.
H. Other Agencies
1. The applicant shall contact the U.S. Postal SeNice 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.
2. For projects using septic tank facilities, written certification of acceptability, including all
supportive information, shall be obtained from the San Bernardino County Department of
Environmental Health and submitted to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
,.si,eDeve,opme.t
~ / 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.
2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to
existing unit(s), the applicant shall pay development fees at the established rate. Such fees
may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee,
Transportation Development Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of building permits for a new commercial or industrial development or
addition to an existing development. the applicant shall pay development fees at the
established rate. Such fees may include, but are not limited to: Transportation Development
Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees.
4. Street addresses shall be provided by the Building Official, after tract/parcel map recordation
and prior to issuance of building permits.
J. Existing Structures
1. Provide compliance with the Uniform Building Code for the property line clearances
considering use, area, and fire-resistiveness of existing buildings.
2. Existing buildings shall be made to comply with correct building and zoning regulations for the
intended use or the building shall be demolished.
3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with the
Uniform Plumbing Code and Uniform Building Code.
4. Underground on-site utilities are to be located and shown on building plans submitted for
building permit application.
K. Grading
v// 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.
v// 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the
time of application for grading plan check.
V/ 4. The final grading plans shall be completed and approved prior to issuance of building permits.
5. As a custom-lot subdivision, the following requirements shall be met:
a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site
drainage facilities necessary for dewatering all parcels to the satisfaction of the Building
and Safety Division prior to final map approval and prior to the issuance of grading permits.
'8
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 22, 1996
TO: Chairman and Members of the Planning Commission,
FROM: Brad Buller, City Planner
BY: Miki Bratt, AICP, Associate Planner
SUBJECT: CONDITIONAL USE PERMIT 96-12 - PACIFIC BELL MOBILE SERVICES - A request to
construct a 40-foot high untoarmed monopole within a 360 square foot leased site in the
Medium Residential District (8-14 dwelling units per acre) of the Etiwanda Specific Plan,
generally located west of the 1-15 Freeway and north of Base Line Road at 7179 East
Avenue - APN: 227-141-14.
PROJECT AND SITE DESCRIPTION:
A. Protect: The proposed monopole will be located on a 360 square foot lease site approximately 375
feet east of East Avenue. Currently access to the site is by dirt track. The site will be visible along
East Avenue between the residence and the railroad right-of-way. The monopole will also be
visible from the I-15 Freeway (Exhibit "D").
The 40-foot high monopole will support six antenna dishes each 4 feet 8 inches in diameter. The
finish of the pole will be galvanized grey. The monopole will be served by two unmanned equipment
boxes up to 5 feet 6 inches high. The pole and equipment boxes will be mounted on concrete
pedestals. The 20 by 18-foot lease site will be surrounded by a 6-foot high chain link fence. A
combination of trees and shrubs are proposed for screening and visual interest and to provide an
aesthetic backdrop (Exhibits "D," "E," "F." and "G").
B. Site Characteristics: The underlying 8-acre property is bounded on the north by the right-of-way for
the abandoned AT&SF track, on the south and east by the 1-15 Freeway, and on the west by East
Avenue. The site is vacant and undeveloped except for one single family residence. A grove of
growth Eucalyptus trees are clustered south of the residence. The site is separated from
surrounding area by the raised railroad right-of-way and a Eucalyptus windrow on the north, by the
20-foot high freeway roadbed on the east and south, and by Eucalyptus windrows on the property
to the west. The land around the residence is overgrown with non-native grasses and weeds, but
appears to be periodically disced for weed abatement (Exhibits "A", "B," and "C")
C. Applicable Regulations: Radio communications are regulated by the federal government.
Communications facilities may be permitted or conditionally permitted by the local jurisdictions. The
subject cellular telecommunication facility falls under the definition of "Public utility and public
service structures and installations" in the Etiwanda Specific Plan and is a conditionally permitted
use in the Medium Residential zone. subject to landscaping and screening.
iTEM G
PLANNING COMMISSION STAFF REPORT
CUP 96-12 - PACIFIC BELL MOBILE SERVICES
May 22, 1996
Page 2
ANALYSIS: The applicant considered alternate sites but, because of line-of-sight constraints necessary
for the antennae, was virtually limited to the subject site. The applicant will fully screen the ground-mounted
equipment with irrigated landscaping and proposes to aesthetically soften the impact of the monopole with
Eucalyptus and three 45ofoot high fan Palms 0Nashingtonia robusta). The attached computer enhanced
photograph illustrates the pole with Palms, but does not include proposed Eucalyptus trees (Exhibit "D").
The applicant proposes chain link fencing around the site with a screen of landscaping within an easement
outside the fence. Because of the distance from East Avenue and because of the raised elevation of the
freeway, the combination of chain link with landscaping will effectively screen the ground-mounted
equipment and a block wall will not be required.
A. Technical Review Committee: On May 15, 1996, the project was reviewed by the Technical Review
Committee. The access ddve from East Avenue to the lease site shall be constructed to meet Fire
District standards.
B. Desion Review: On May 14, 1996, the Design Review Committee (Lumpp, McNiel, Henderson)
reviewed the proposed application. The Committee recommended approval of the project with
conditions as indicated in the attached Design Review Committee Action Comments, see
Exhibit "H."
C. Environmental Review: The subject application is exempt per Section 15061 of the California
Environmental Quality Act.
FACTS FOR FINDINGS: The project is consistent with the Development Code and the General Plan and
will not be detrimental to adjacent properties or cause significant adverse impacts. The proposed use,
together with the recommended conditions of approval, is in compliance with all applicable regulations of
the Development Code.
CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin
newspaper, the property has been posted, and notices were sent to all property owners within 300 feet of
the project site.
RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit
96-12 with Conditions.
Respec submitted,
Attachments: Exhibit "A" - Information Sheet
Exhibit "B" - Vicinity Map
Exhibit "C" - Site Plan
Exhibit "D" - Computer Enhanced Photo of Site
Exhibit "E" - Elevation
Exhibit "F" - Conceptual Landscape Plan
Exhibit "G" - Project Description
Exhibit "H" - Design Review Committee Action Comments dated May 14, 1996
Resolution of Approval with ConditionsC_.,._ ~.~
INFORMATION SHEET
CONDITIONAL USE PERMIT
FILE NO: CONDITIONAL USE PERMIT 96-12
PROJECT NAME: CELLULAR MONOPOLE
APPLICANT: PACIFIC BELL MOBILE SERVICES
LOCATION: 7179 East Avenue: north of Base Line Road, south of the railroad
right-of-way, east of East Avenue and west of the I-15 Freeway.
FLOOR AREA: 360 square foot vacant land lease site
LAND USE CLASSIFICATION:
EXISTING ZONING: Medium Residential (8-14 dwelling units per acre)
EXISTING LAND USE: One single family residence with remainder vacant and
undeveloped (field)
GENERAL PLAN DESIGNATION:
ADJACENT ZONING/LAND USE:
ZONING LAND USE
North: Low Medium Residential railroad right-of-way/
vacant
South: City of Fontana I-15 Freeway/vacant
East: Medium Residential & City of Fontana Vacant/I-15 Freeway/
vacant
.West: Low-Medium Residential One single family
residence and Vacant
SITE DESCRIPTION:
SITE SIZE: 7.59 acres
CC~VVD sewer ease~ment parallels Freeway
CALIFORNIA
7.5 MINUTE SERIES CFOPOGRApH
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PACIFIC t~BELI-~ View of Proposed 40' Antenna Standard with Proposed Palms
CM-029-15 City of Rancho Cucamonga
FRONT VIEV SIDE VIEV
PROPOSED ANTE:NNA
"1307 u
906 _ ~ k_ .... ~
PLANTING LEGEND
PLANTING NOTES
PACIFIC MBELLe
Mobile Se~ces
CM 029-15 Southpac
Project Summary. & Description
Project Background
Pacific Bell Mobile Services (PBMS) is a new subsidiary of Pacific Bell. Established in
July 1994, PBMS plans to offer customers more choices in high quality, reliable, and
affordable telecommunicafions products and services by focusing on the emerging
new wireless communication systems called Personal Communications Services
(PCS).
PCS is a rapidly evolving digital technology that is expected to change the future of
telecommunications through easy-to-use, lightweight, and highly mobile
communications devices (including portable phones, pagers, computers, and
personal digital assistants). In the future, PCS will provide voice and data
capabilities for customers' communications needs anywhere and at any time.
Unlike most cellular systems, PCS is based on digital technology and thus offers
better voice quality and the capacity for multiple communications services. Many
experts believe that PCS will be more affordable to a wider range of consumers than
today's cellular options. PCS will be more secure than today's cellular options. PCS
will be more secure than today's cellular communications devices by offering better
protection from fraud and increased privacy.
PCS phones will fit in pockets and handbags, and offer such features as voice mail,
call-screening, call-waifing, call-referral, short messaging and paging, among others.
In addition, the entire system will be cormected to 911, thus offering important
safety alternatives for its customers. Pacific Bell Mobile Services plans to offer PCS
services throughout California by early 1997.
Site Selection
The entire system is comprised of small base stations which are located throughout
the region in which service is provided. This arrangement allows radio channels to
be re-used at non-adjacent base stations. Channel re-use (recycling), combined with
'digital technology increases the capacity of the system so it can accommodate the
growing demand for wireless mobile, paging, and data services. Three basic reasons
trigger the need for the development of new base stations and antennas:
· A need to improve coverage in areas with diverse topography
Pacific Bell Mobile Services engineers prepare a preliminary design analysis for
the San Bernardino County region. The topography and terrain features within
the service area are entered into a computer along with a series of variables such
as antenna height, topographic features, local interference (adjacent buildings)
and equipment characteristics. With this information, the engineers determine
a search area which is the best possible location and elevation required for each
antenna facility in order to maximize service.. When this is complete, the search
area maps are forwarded to real estate and site selection consultants for
identification of potential sites. Local property owners are then contacted and
site lease negotiations are initiated by the site acquisition staff based on various
zoning, technical, and topographical considerations.
· Heavier anticipated customer use-
In areas where Pacific Bell Mobile Services anticipates high demand, additional
sites will be added to insure system capacity for consumers within those service
areas.
· Extending the coverage area
New facilities must be built in areas previously not covered or in areas where
service may be subStandard due to a variety of technical reasons.
Pro!ect Design
Pacific Bell Mobile Service (PBMS) proposes to construct, operate, and maintain a
PCS wireless communications facility located at 7179 in the Etiwanda Area of
Rancho Cucamonga. PBMS proposes to erect a free-standing 40-foot tapered
monopole antenna structure along with two small unmanned equipment cabinets.
The subject property is abutting the 1-15 freeway and is mainly vacant. The subject
property contains only a 720 square foot home plus a 216 square foot garage/shed on
its 7.59 acres. The proposed facility will occupy less than .01 acre. The facility will be
located in the southern portion of the property (APN 0227-141-14) and will in no
way impact the existing use of the property. We are proposing landscaping to
conceal the proposed facility.
The tapered 40-foot steel monopole will be finished in galvanized gray, which tends
to dull in color within approximately 6-12 months. Six directional panel antennas
(5' high, 8" wide, 4" deep) will be mounted in three sectors as shown on the site
plan. The antennas will be connected to the radio equipment cabinet (BTS) via
coaxial cable contained within the body of the pole structure.
The radio equipment cabinets (63" high, 51" wide, 28" deep) will be located on the
ground adjacent to the pole structure. Only one BTS will be initially installed with
the second BTS unit being added when additional network capacity is needed in the
future. Tl~e all-weather BTS units are similar in size and shape to typical utility
cabinets or transformers and are forest green in color. The pole and/or BTS cabinets,
however, can be painted any color that the City prefers.
The facility will require its own electrical and telephone services with no other
utilities being required. Other site work is limited to minor excavation for
equipment pedestals and pole/fencing footings. Chain link fencing shall be placed
for security purposes. Pacific Bell Mobile Services is required to meet all FAA and
FCC regulations. The facility will require periodic maintenance one to two times
per month.
System Features & Capabilities
Personal Communications Services (PCS) is a family of new services that will
change telecommunications in two ways. First, it will permit calls to be routed to
people instead of places. Calls will follow the user through "follow-me-calling" or
through the use of a new PCS personal phone number. Second, PCS will enhance
the control that people have over their telecommunications services by allowing
them to determine when and where they can make and receive calls. PBMS will
offer the ability to tie traditional wireline services together with PCS mobile voice
and data services.
Pacific Bell Mobile Services believes the growth of PCS will be different than that of
cellular services, which have traditionally been aimed at business users. While
business customers are an integral part of their planned customer base, the company
is focusing on developing applications and services for the largely untapped mass
market.
PCS is based on the newest form of digital wireless technology which improves
upon the sound quality of cellular. Complex encryption techniques virtually
eliminate the ability to eavesdrop on PCS calls and minimize the risk of
unauthorized users placing fraudulent calls on a PCS phone, which is one of the
biggest problems facing the cellular industry today.
DESIGN REVIEW COMMENTS
6:40 p.m. Miki Bratt May 14, 1996
CONDITIONAL USE PERMIT 96-12 - PACIFIC BELL MOBILE SERVICES - A request to construct
a 40-foul high unmanned monopole within a 360 square foot leased site generally located west of the I- 15
Freeway and north of Base Line Road at 7179 East Ave. nue in the Medium Residential District (8-14
dwelling units per acre) of the Etiwanda Specific Plan - APN: 227-141 - 14.
Design Parameters:
This section should be used to explain the site context and those major issues or constraints which affect
the project's design.
The underlying 8-acre property is vacant and undeveloped except for one single family residence. The
lease site is behind the residence and partially screened from East Avenue, but will be visible along East
Avenue between the residence and the railroad right-ot:way, as well as from the 1-15 Freeway. This
is the third monopole application which has been submitted to the Commission. Additional applications
for screened roof top installations have been reviewed and approved. The applicant considered alternate
sites, but because of site line constraints was virtually liralied to the subject site. The applicant will fully
screen the ground-mounted equipment with irrigated lanch;caping and proposes to aesthetically soften the
impact of the monopole with Eucalyptus and three 45-foot high fan Palms. The attached computer
enhanced photograph illustrates the pole with Palms, but does not include proposed Eucalyptus trees.
Staff Comments: The following comments are intended to provide an outline for Committee discussion.
Major Issues: The following broad design issues will be the focus of Committee discussion regarding
this project:
1. Staff believes that the three proposed Palm trees in conjunction with eight Eucalyptus trees ( 15-
gallon size) will adequately mitigate the aesthetic impact of the monopole. Conditions of
approval will require that the landscaping be maintained in good condition. Also, a condition will
specify that when the underlying property is developed all the trees will be retained or, if
necessary, relocated or replaced.
Attachment: Photograph
Design Review Committee Action:
Members Present: Heinz Lumpp, Larry McNiel, Larry Henderson
Staff Planner: Miki Bratt
The Committee recommended approval, as presented by staff, to the Planning Commission.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 96-12 FOR PACIFIC BELL MOBILE SERVICES, LOCATED IN
THE MEDIUM RESIDENTIAL DISTRICT OF THE ETIWANDA SPECIFIC
PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF
APN: 227-141-14.
A. Recitals.
1. Pacific Bell Mobile Services has filed an application for the issuance of Conditional Use
Permit No. 96-12, as described in the title of this Resolution. Hereina~er in this Resolution, the
subject Conditional Use Permit request is referred to as "the application."
2. On the 22rid day of May 1996, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said headrig
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 forth in the Recitals,
Pad A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission during the above-
referenced public hearing on May 22, 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 at 7179 East Avenue with a street
frontage of 641.98 feet and lot depth of 660 feet and is presently improved with one single family
residence; and
b. The property to the north of the subject site is railroad right-of-way and vacant, the
property to the south consists of 600 feet of fight-of-way for 1-15 Freeway, the property to the east
is 1-15 dght-of way, and the property to the west is developed with one single family residence and
vacant; and
c. The distance from the proposed monopole and the nearest residence is 260 feet;
and
d. The distance from the proposed monopole and the I-15 pavement (Base Line Road
off-ramp) is approximately 40 feet.
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:
PLANNING COMMISSION RESOLUTION NO.
CUP 96-12 - PACIFIC BELL MOBILE SERVICES
May 22.1996
Page 2
a. The proposed use is in accord with the General Plan, the objectives of the
Development Code, and the purposes of the distdct 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 welfi~re 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.
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 Califomia
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. furlher, this Commission has reviewed and
considered the information contained in said Negative Declaration with regard to the application.
b. Based upon the changes and alter.,~tions which have been incorporated into the
proposed project, no significant adverse environmenlal effects will occur.
c. Pursuant to the provisions of Section 753.5(c) 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 wildlifE! resources or the habitat upon which wildlife
depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff
repods 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 fodh 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 ) This approval is for the installation of a 40-foot high telecommunication
monopole and two un-manned radio equipment cabinets.
2) Irrigated landscaping shall be installed on all sides of the lease site,
including 15--inch box Eucalyptus trees, and three 45-foot high specimen
Palm trees (Washingtonia robusta). Palms shall be planted to City of
Rancho Cucamonga's specifications and irrigated by automatic system
until fully established. Detailed Landscape and Irrigation Plans shall be
approved prior to the issuance of building permits and construction
completed pdor to operation of these facilities to the satisfaction of the
City Planner.
PLANNING COMMISSION RESOLUTION NO.
CUP 96-12 - PACIFIC BELL MOBILE SERVICES
May 22, 1996
Page 3
3) For the duration of the monopole lease, landscape shall be established
and maintained in a satisfactory condition, including prompt removal
and replacement of dead vegetation.
4) Access and landscape easements shall run concurrently with the
duration of the lease and shall be recorded with the County Recorder.
5) Upon the conclusion of the lease. the applicant and/or the property
owner, or their successo'rs in interest, shall remove the monopole and
equipment cabinets.
Buildinq and Safety Division
1) A fire access lane shall be constructed and maintained to the
satisfaction of the Rancho Cucamonga Fire District.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF MAY 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
certify that the foregoing Resolution was duty 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 22nd day of May 1996, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
COMMLINITY DEVELOPMENT
DEPARTMENll
STANDARD CONDITIONS
PROJECT#: ~ ~,' 1:::p <~ & --/"7_,.,,..-
SUBJECT:
APPLICANT: I'P/XGI'F'IE-' Q~:'~r'L,-r-----
LOCATION: ,~'I)~'~-I' <'/De' ,t'~F ~'A's"T". ~,'/)7:z"t~ _,,~'~? J'~-A,~e'~--/,x~'' I
APPLICANT SHALL bONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. Time Limits c,,mDletio. Dzte
'/, 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. Development/Design Review shall be approved prior to __/. /
3. Approval of Tentative Tract No.__ is granted subject to the approval of
4. The developer shall commence, participate in. and consummate or cause to be commenced,
participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a
fire station to serve the development. The station shall be located. designed. and built to all
specifications of the Rancho Cucamonga Fire Protection District, and shall become the
District's property upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station, the developer shall comply with all
applicable laws and regulations, The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
5. Prior to recordation of the final map or the issuance of building permits, whichever comes first,
the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community
-. Facilities District for the construction and maintenance of necessary school facilities.
However, if any school district has previously established such a Community Facilities District,
the applicant shall, in the alternative, consent to th. annexation of the project site into the
territory of such existing District prior to the recordation of the final map or the issuance of
building permits, whichever comes first. Further, if the affected school district has not formed
a Mello-Roos Community Facilities District within twelve months from the date of approval of
the project and prior to the recordation of the final map or issuance of building permits for said
project, this condition shall be deemed null and void.
sc.s~ss I
3ompletion Date
This condition shall be waived if the City receives notice that the applicant and all affected
school districts have entered into an agreement to privately accommodate any and all school
impacts as a result of this project·
6. 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
'y'... 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, the ,~._f.~..,k~_A- Speci~cPlan, andthe
Community Plan.
'~ 2. Prior 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 compiled 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.
4. Revised site plans and building elevations incorporating all Conditions of Approval 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.
V' 6. Approval of this request shall not waive compliance with all sections of the Development Code,
' "' all other applicable City Ordinances, and applicable Community or Specific Plans in effect at
the time of building permit issuance.
7. A detailed on-site lighting plan shall be reviewed and approved 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. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units
with all receptacles shielded from public view.
9. 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.
sc-3~ 2
Completion Date
k~ 10. 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.
11. Street names shall be submitted for City Planner review and approval in accordance with the __ __/
adopted Street Naming Policy prior to approval of the final map.
12. All building numbers and individual units shall be identified in a clear and concise manner, /
including proper illumination.
13. Adetai~edp~anindicatingtrai~widths~maximums~~pes~physica~c~nditi~ns~fencing~andweed /
control, in accordance with City Master Trail drawings, shall be submitted for City Planner
review and approval prior to approval and recordation of the Final Tract Map and prior to
approval of street improvement and grading plans. Developer shall upgrade and construct all
trails, including fencing and drainage devices, in conjunction with street improvements,
a. Local Feeder Trails (i.e., private equestrian easements) shall, at a minimum, be fenced /
with two-rail, 4-inch lodgepole "peeler' logs ~o define both sides of the easement;
however, developer may upgrade to an altern8~te fence material.
b. Local Feeder Trail entrances shall also provide access for sen/ice vehicles, such as ___/__
veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance
may be gated provided that equestrian access is maintained through step-throughs.
c. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a
distance of 25 feet behind the public dght.-of-way line to prohibit trail debds from reaching
the street. Drainage devices may be required 0y the Building Official.
14. The Covenants, Conditions, and Restrictions (CC&R's} shall not prohibit the keeping the
equine animals where zoning requirements for the keeping of said animals have been met.
Individual lot owners in subdivisions shall have the option of keeping said animals without the
necessity of appealing to boards of directors of homeowners' associations for amendments
to the CC&R's.
15. The Covenants, Conditions, and Restrictions(CC&R's) and Articles of lncorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be reco:ded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer. The Homeowners' Association shall submit to the Planning
Division a list of the name and address of their offic,.~rs on or before January 1 of each and
every year and whenever said information changes.
~ 16. All parkways, open areas, and landscaping shall be permanently maintained by the property
· . owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approved prior to the issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a
solar energy system. The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordation of the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
sc-~ 3
Completion Date
shadows by vegetation, structures. fixtures. or any other object, except for utility wires and
similar obiects, pursuant to Development Code Section 17.08.060-G-2,
18. The project contains a designated Historical Landmark. The site shall be developed and __
maintained in accordance with Historic Landmark Alteration Permit No. . Any further
modifications to the site including. but not limited to, exterior alterations and/or interior
alterations which affect the exterior of the buildings or structures, remova] of landmark trees,
demolition. relocation. reconstruction of buildings or structures, or changes to the site, shall
require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
19. The developer shall submit a construction access plan and schedule for the development of /
all lots for City Planner and City Engineer approval; including, but not limited to. public notice
requirements, special street posting, phone listing for community concerns. hours of
construction activity, dust control measures, and security fencing.
20. Six (6) foot decorative block walls shall be constructed along the project perimeter. If a double /
wal~ condition would result. the developer shall make a good faith effort to work with the
adjoining proper~y owners to provide a single wall. Developer shall notify, by mail, all
contiguous property owner at least thir'ty (30) days prior to the removal of any existing walls/
fences along the project's perimeter.
C. Building Design
1. An alternative energy system is required to provide domestic hot water for all dwelling units /
and for heating any swimming pool or spa. unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be included
in the building plans and shall be submitted for City Planner review and approval prior to the
issuance of building permits.
2. All dwellings shall have the front. side and rear elevations upgraded with architectural __
treatment, detailing and increased delineation of surface treatment subject to City Planner
review and approval prior to issuance of building permits.
3. Standard patio cover plans for use by the Homeowner's Association shall be submitted for City __ __/__
Planner and Building Official review and approval prior to issuance of building permits.
4. All roof appurtenances, including air conditioners 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. Textured pedestrian pathways and textured pavement across circulation aisles shall be __
provided throughout the development to connect dwelfings/units/buildings with open
spaces/plazas/recreational uses.
sc.s~ss 4
Completion Date
3. All parking spaces shall be double striped per (;ity standards and all driveway aisles, __ __/
entrances, and exits shall be striped per City stand~rds.
4. All units shall be provided with garage door openers if driveways are less than 18 feet in depth __ __/__
from back of sidewalk.
5. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles __ __/__
on this site unless they are the principal source of ~:ransportation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
6. Plans for any security gates shall be .submitted fclr the City Planner, City Engineer, and __ __/__
Rancho Cucamonga Fire Protection District review and approval prior to issuance of building
permits.
E. Landscaping (for publicly maintained landscape areas, refer to Section N.)
,~\ 1. A detailed landscape and irrigation plan, including slopeplanting 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 bt subdivision.
2. Existing trees required to be preserved in place shall be protected with a construction barrier
in accordance with the Municipal Code Section 19.0~.110, and so noted on the grading plans.
The location of those trees to be preserved in place and new locations for transplanted trees
shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's
recommendations regarding preservation, transplanting, and trimming methods.
3. A minimum of trees per gross acre, comprised of the following sizes, shall be
provided within the project % - 48-inch box or larger % - 36-inch box or
larger, % - 24- inch box or larger, % - 15--gallon, and % - 5 gallon.
4. A minimum of % of trees planted within the project shall be specimen size trees - 24-
inch box or larger.
5. Within parking lots, trees shall be planted at a rate of on 15-gallon tree for every three parking
stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
6. Trees shall be planted in areas of public view adjacer, t to and along structures at a rate of one
tree per 30 linear feet of building.
7. 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 sec.:ion shall include a permanent irrigation
system to be installed by the developer prior to occupancy.
8. 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 15,3 sq. ft. of slope area, l-gallon or larger
size shrub per each 100 sq. ft. of slope area, and appl'opdate 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. tt. of slope area. Trees and shrubs shall be planted
in staggered clusters to soften and vary slope plane. Slope planting required by this section
shall include a permanent irrigation system to be insta!led by the developer prior to occupancy.
sc-a,96 5
CUr
Completion Date
g. For single family residential development, all slope planting and irrigations shall be __ __/~
continuously maintained in a healthy and thriving condition by the developer until each
individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units,
an inspection shall be conducted by the Planning Division to determine that they are in
satisfactory condition.
10. For multi-family residential and non-residential development, property owners are responsible ~ __/~
for the continual maintenance of all landscaped areas on-site, as well as contiguous planted
areas within the public dght-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.
11. Front yard and corner side yard landscaping and irrigation shall be required per the __ ~/~
Development Code and/or . This requirement shall
be in addition to the required street trees and slope planting.
12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be ~ ~/~
included in the requi~:ed 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.
13. Special landscape features such as mounding. alluvial rock, specimen size trees. meandering __ ~/__
sidewalks (with horizontal change). and intensified landscaping, is required along
14. Landscaping and irrigation 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.
15. All walls shall be provided with decorative treatment. If located in public maintenance areas. __ __ / __
the design shall be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and submitted for City Planner review and __
approval prior to issuance of building permits. These criteria shall encourage the natural
growth characteristics of the selected tree species.
.~, 17. 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.
3. Directory monument sign(s) shall be provided for apartment, condominium, or town homes __/__ __
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
sc- 3~s 6
Completion Date
G. Environmental
1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock __/__
Crusher project in a standard format as determined by the City Planner, prior to accepting a
cash deposit on any property.
2. The developer shall provide each prospective buyer written notice of the City Adopted Special __/__
Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner,
prior to accepting a cash deposit on any property.
3. The developer shall provide each prospective buyer written notice of the Foothill Freeway __ __/__
project in a standard format as determined by the City Planner, prior to accepting a cash
deposit on any property.
4. A final acoustical report shall be submitted for City Planner review and approval prior to the __ __/__
issuance of building permits. The final report shall discuss the level of interior noise
attenuation to below 45 CNEL, the building materials and construction techniques provided,
and if appropriate, verify the adequacy of the mitigati,}n measures. The building plans will be
checked for conformance with the mitigation measures contained in the final report.
5. Mitigation measures are required for the project. The applicant is responsible for the cost of /
implementing said measures, including monitoring and reporting. Applicant shall be required
to post cash, letter of credit, or other forms of guaran'.:ee acceptable to the City Planner in the
amount of $ , prior to the issuance of building permits, guaranteeing
satisfactory performance and completion of all miti!;~ation measures. These funds may be
used by the City to retain consultants and/or pay for City staff time to monitor and report on
the mitigation measures. Failure to complete all actions required by the approved
environmental documents shall be considered grounds for fodeit.
In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy),
the applicant shall provide a written monitoring and reporting program to the City Planner prior
to issuance of building permits. Said program shall identify the reporter as an individual
qualified to know whether the particular mitigation measure has been implemented.
H. 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.
2. For projects using septic tank facilities, written certification of acceptability, including all __ __/__
supportive information, shall be obtained from the :San Bernardino County Department of
Environmental Health and submitted to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
projectNo.~,//
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 Safeb/Division for copies of the Code Adoption Ordinance and
applicable handouts.
2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to
existing unit(s), the applicant shall pay development fees at the established rate. Such fees
may include, but am not limited to: Ci~ Beautification Fee, Park Fee. Drainage Fee,
Transpo~ation Development Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of building permits for a new commercial or industrial development or
addition to an existing development, the applicant shall pay development fees at the
established rate. Such fees may include. but are not limited to: Transpo~ation Development
Fee, Drainage Fee. School Fees, Permit and Plan Checking Fees.
4. S~eet addresses shall ~ provided by the Building O~cial, after trac~parcel map mcordation
and prior to issuance of building permits.
J. Existing Structures
1. Provide compliance with the Uniform Building Code for the prope~ line clearances
considering use, area, and fire-resistiveness of existing buildings.
2. Existing buildings shall ~ made to comply with co~ect building and zoning regulations for the
intended use or the building shall be demolished.
3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with the
Unifo~ Plumbing Code and Uniform Building Code.
4. Underground on-site utilities are to be Ionted and shown on building plans submi~ed for
building permit application.
K. Grading
1. Grading of the subject prope~ shall be in accordance with the Uniform Building Code, Ci~
Grading Standards, and accepted grading practices. The final grading plan shall be in
substantial conformance with the approved grading plan.
2. A soils repo~ shall be prepared by a qualified engineer licensed by the State of California to
pedorm such work.
3. A geologi~l repo~ shall be prepared by a qualified engineer or geologist and submi~ed at the
time of application for grading plan check.
4. The final grading plans shall be completed and approved prior to issuance of building permits.
5. As a custom-lot subdivision, the following requirements shall be met:
a. Sure~ shall be posted and an agreement executed guaranteeing completion of all on-site
drainage facilities necessa~ for dewatering all parcels to the satisfaction of the Building
and Safe~ Division prior to final map approval and prior to the issuance of grading permits.
Completion Date
b. Appropriate easements for safe disposal of drainage water that are conducted onto or over
adjacent parcels, are to be de[ineatad and recorded to the satisfaction of the Building and
Safety Division prior to issuance of grading and building permits.
c. On-site drainage improvements, necessary for d,gwatering and protecting the subdivided
properties, are to be installed prior to issuance of building permits for construction upon any
parcel that may be subject to drainage flows entering, leaving, or within a parcel relative
to which a building permit is requested.
d. Final grading plans for each parcel are to be submitted to the Building and Safety Division
for approval prior to issuance of building and grading permits. (This may be on an
incremental or composite basis).
e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or
planted with ground cover for erosion control up an completion of grading or some other
alternative method of erosion control shall be completed to the satisfaction of the Building
Official. In addition a permanent irrigation system shall be provided. This requirement
does not release the applicant/developer fronl compliance with the slope planting
requirements of Section 17.08.040 I of the Development Code.
APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
L. Dedication and Vehicular Access
1. Rights-of-way and easements shall be dedicated to the City for all interior public streets.
community trails, public paseos, public landscape areas, street trees. and public drainage
facilities as shown on the plans and/or tentative map. Private easements for non-public
tacilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans
and/or tentative map.
2. Dedication shall be made of the following rights-of-w'ay on the perimeter streets (measured
from street centerline):
total feet on
total feet on
total feet on
total feet on
3. An irrevocable offer of dedication for a -foo': wide roadway easement shall be made
for all private streets or drives.
4. Non-vehicular access shall be dedicated to 1he City for the following streets:
5. Reciprocal access easements shall be provided ensuring access to all parcels by CC&R's or
be deeds and shall be recorded concurrently with the map or prior to the issuance of building
permits, where no map is involved.
Project NO. ,(_ ~//o ~, ,/'2_,
Completion Date
6. Private drainage easements for cross-lot drainage sha]l be provided and shall be delineated / /__
or noted on the final map.
7. The final map shall clearly delineate a 10-foot minimum building restriction area on the /__/__
neighboring lot adjoining the zero lot line wall and contain the following language:
"IAA/e hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction
of (residential) buildings (or other structures) within those areas designated on the map as
building restriction areas."
A maintenance agreement shalr also begranted from each lot to the adjacent lot through the __/__/__
CC&R's.
8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the ~1__1__
final map.
9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall ~ I__1__
be dedicated to the City wherever they encroach onto private property.
10. Additional street fight-of-way shall be dedicated along right turn lanes, to provide a minimum __1~1__
of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn
lane, a parallel street tree maintenance easement shall be provided.
11. The developer shall make a good f~ith effort to acquire the required off-site property interests I__1 __
necessary to construct the required public improvements, and if he/she should fail to do so, the
developer shall. at least 120 days prior to submittal of the final map for approval, enter into an
agreement to complete the improvements pursuant to Government Code Section 66462 at
such time as the City acquires the property interests required for the improvements. Such
agreement shall provide for payment by the developer of all costs incurred by the City to
acquire the off-site property interests required in connection with the subdivision. Security for
a portion of these costs shall be in the form of a cash deposit in the amount given in an
appraisal report obtained by the developer, at developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
M. Street improvements
1. All public improvements (interior streets, drainage facilities, community trails. paseos,
landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed !o City
Standards. Interior street improvements shall include, but are not limited to, curb and gutter.
AC pavement, drive approaches, sidewalks, street lights, and street trees.
2. A minimum of 26-foot wide pavement, within a 40-foot wide dedicated right-of-way shall be __1~1~
constructed for all half-section streets.
3. Construct the following perimeter street improvements including, but not limited to: I~1__
Curb & A.C. Side- Ddve Street Street Comm Median Bike Other
Street Name Gutter Pvrnt walk Appr. Lights Trees Trail [sland Trail
Completion Date
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. 304. (d) If so marked, an in-lieu of construction fee shall be
provided for this item.
4. Improvement plans and construction:
a. Street improvement plans including street trees and street lights, prepared by a registered
City Engineer, 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
Affomey 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 public right-of-way, fees shall be paid and a
construction permit shall be obtained from the .Sit,/Engineer's Office in addition to any
other permits required.
c. Pavement stdping, marking, traffic, street name signing, and interconnect conduit shall be
installed to the satisfaction of the City Engineer.
d.. Signal conduit with pull boxes shall be installed on any new construction or reconstruction
of major, secondary or collector streets which intersect with other major, secondary or
collector streets for future traffic signals. Pull boxes shall be placed on both sides of the
street at 3 feet outside of BCR, ECR or any other locations approved by the City Engineer.
Notes:
(1) All pull boxes shall be No. 6 unless otherwise! specified by the City Engineer.
(2) Conduit shall be 3-inch galvanized steel with pull rope.
e. Wheel chair ramps shall be installed on all four ccrners of intersections per City Standards
or as directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all times with
adequate detours during construction. A street closure permit may be required. A cash
deposit shall be provided to cover the cost of grading and paving, which shall be refunded
upon completion of the construction to the satisfaction of the City Engineer.
g. Concentrated drainage flows shall not cross sid.=walks. Under sidewalk drains shall be
installed to City Standards, except for single family lots.
h. Handicap access ramp design shall be as specified by the City Engineer.
i. Street names shall be approved by the City Planner prior to submittal for first plan check.
5. Street improvement plans per City Standards for all private streets shall be provided for review
and approval by the City Engineer. Prior to any work being performed on the private streets,
Completion Date
fees shall be paid and construction permits shall be obtained from the City Engineer's Office
in addition to any other permits required.
6. 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.
7. Intersection line of site designs shall be reviewed by the City Engineer for conformance with __/ /
adopted policy.
a. On collector or larger streets, lines of sight shall be plotted for all project intersections, ~/ /
including driveways. Walls, signs, and slopes shall be located outside the lines of sight.
Landscaping and other obstructions within the lines of sight shall be approved by the City
Engineer.
b. Local residential street intersections shall have their noticeability improved, usually by ~/___
moving the 2+/*closest street trees on each side away from the street and placed in a
street tree easement.
8. A permit shall be obtained from Cattrans for any work within the following right-of-way: ~/~__
9. All public improvements on the following Streets shall be operationally complete prior to the __/___
issuance of building permits:
Public Maintenance Areas
1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall . /___/
be submitted to the City Engineer for review and approval prior to final map approval or
issuance of building permits, whichever occurs first. The following landscape parkways,
medians, paseos. easements, trails or other areas are required to be annexed into the
Landscape Maintenance District:
2. 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.
3. All required public landscaping and irrigation systems shall be continuously maintained by the __/ ~ __
developer until accepted by the City.
4. Parkway landscaping on the following street(s) shall conform to the results of the respective __/~
Beauti~cation Master Plan:
O. Drainage and Flood Control
1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood
protection measures shall be provided as certified by a registered Civil Engineer and approved
by the City Engineer.
2. It shall be the developer's responsibility to have the current FIRM Zone __/__ __
designation removed from the project area. The developer's engineer shall prepare all
sc-a,s~ 12
Completion Date
necessan/FepOrtS. p~ans. and h)/drologic/hydraufic 3a~culations. A Conditional Letter of Map
Revision {CLOMR} shall be obtained from FEMA prior to final map appFova~ or )ssuance of
bu))ding permEts, whichever occurs first. A Letter of ~)ap Revis)on {LOMR} shall be issued
FEMA prior to occupancy or )mprovement acceptarce, whichever occurs first.
3. A final drainage stud)/shall be submitted to and approved by the City Engineer prior tO final __/__
map approval or the issuance of building permits, whichever occurs first. AlE drainage facilities
shall be installed as required by the City Engineer.
4. A permit from the County Flood Control District is required for work within its right-of-way. __/__ __
5. 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.
6. Public storm drain easements shall be graded to convey overflows in the event of a blockage __/__
in a sump catch basin on the public street.
P. Utilities
1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas. / __
electric power, telephone, and cable 'IV (all underground) in accordance with the Utility
Standards. Easements shall be provided as required.
2. The developer shall be responsible for the relocation of existing utilities as necessary. __/__ __
3. Water and sewer plans shall be designed and constructed to meet the requirements of the __/__
Cucamonga County Water District (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 pdor to final map approva: or issuance of permits, whichever occurs
first.
Q. General Requirement.s and Approvals
1. The separate parcels contained within the project boundaries shall be legally combined into one __/__
parcel prior to issuance of building permits.
2. An easement for a joint use driveway shall be provided prior to final map approval or issuance __/__ __
of building permits, whichever occurs first, for:
3. Prior to approval of the final map a deposit shall be posted with the City covering the estimated __/__ __
cost of apportioning the assessments under Assessment District
among the newly created parcels.
4. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan
Drainage Fees shall be paid prior to final map apprc,val or prior to building permit issuance if
no map is involved.
5. Permits shall be obtained from the following agencies for work within their right-of-way: /
13
Completion Date
6. A signed consent and waiver form to join and/or form the Law Enforcement Community
Facilities District shall be filed with the City Engineer prior to final map approval or the issuance
of building permits, whichever occurs first. Formation costs shall be borne by the Developer.
7. Prior to ~nalization of any development phase. sufficient improvement plans shaU be completed __
beyond the phase boundaries to assure secondary access and drainage protection to the
satisfaction ofthe City Engineer. Phase boundaries shall correspond to lot lines shown on the
approved tentative map.
APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2780, FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
R. General Fire Protection Conditions
1. Mello Roos Community Facilities District requirements stYall apply to this project. __/__
2. Fire flow requirement shall be qallons per minute. __/__
a. A previous fire flow conducted revealed __/__
gpm available at 20 psi.
b. A fire flow shall be conducted by the builder/developer and witnessed by fire __
department personnel prior to water plan approval.
c. For the purpose of final acceptance, an additional fire flow test of the on-site __
hydrants shall be conducted by the builder/developer 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.
5. Prior to the issuance of building permits for combustible construction, evidence shall be
submitted to the Fire District that an approved temporary water supply for fire protection is
available, pending completion of required fire protection system.
6.Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to
final inspection.
7. An automatic fire extinguishing system(s) will be required as noted below:
Per Rancho Cucamonga Fire Protection District Ordinance 15.
Other
sc-3~ 14
Proiec~ NO. C/J/~ ~
Completion Date
Note: Special sprinkler densities are required for such hazardous operations as woodworking,
plastics manufacturing, spray painting, fiammable liquids storage, high piled stock, etc. Contact
the Fire Safety Division to determine if sprinkler system is adequate for proposed operations.
8. Sprinkler system monitoring shall be installed and operational immediately upon completion of __/__
sprinkler system.
9. A fire alarm system(s) shall be required as noted below:
Per Rancho Cucamonga Fire Protection District Ordinance 15. /
California Code Regulations Title 24. /
Other __/__
~ 10. Roadways within project shall comply with the Fire District's fire lane standards, as noted: /
'FAll roadways.
Other
11. Fire department access shall be amended to facilitate emergency apparatus, __/__ __
12. Emergency secondary access shall be provided in accordance with Fire District standards.
__ 13. Emergency access, a minimum of 26 feet wide, sha:l be provided, and maintained free and __/__ __
clear of obstructions at all times, during construction in accordance with Fire District
requirements.
14.All trees and shrubs planted in any median shall be kept trimmed a minimum of 14'6" from
ground up so as not to impede fire apparatus.
15. A building directory shall be required, as noted below:
~Lighted directory within 20 feet of main entrance (s).
__Standard Directory in main lobby.
Other
'~ t6. 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.
~"'l 17. Gated/restricted entry(s) require installation of a Knox lapid entry key system. Contact the Fire
Safety Division for specific details and ordering information.
18.A tenant use letter shall be submitted prior to final bJilding plan approval. Contact the Fire
Safety Division for the proper form letter.
sc.ses 15
Proiect NO. ~X'/,/.,~
Completion Date
19. Plan check fees in the amount of S have been paid. An additional
S ('~2 ~.5"' shall be paid:
Prior to water plan approval.
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.
S. Special Permits
1. Special permits may be required, depending on intended use, 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.
b; Storage of readily combustible material.
c. Places of assembly (except churches, schools, and other non-profit organizations).
d. Bowling alley and pin refinishing.
__e. Cellulose Nitrate plastic (Pyroxylin).
f. Combustible fibers storage and handling exceeding 100 cubic feet.
q. Garages.
Motor vehicle repair (H-4).
__h. Lumber yards (over 100,000 board feet).
i. Tire rebuilding plants.
i. Auto wrecking yards.
Junk or waste material handling plants.
k. Flammable finishes.
Spraying or dipping operations, spray booths, dip tanks, electrostatic apparatus,
automobile undercoating, powder coating and organic peroxides and dual component
coatings (per spray booth).
I. Magnesium (more than 10 pounds per day).
m. Oil burning equipment operations.
n. Ovens (industrial baking and drying).
o. Mechanical refrigeration (over 20 pounds of refrigerant).
__p. Compressed gases (storage, handling or use exceeding 100 cubic feet).
16
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 22, 1996
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
BY: Miki Bratt, AICP, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP 15726 -
DIVERSIFIED PACIFIC HOMES -A request for a 17 lot subdivision on 4.61 acres
in the Low Residential District (2-4 dwelling units per acre) generally located south
of Lemon Avenue and west of Hermosa Avenue - APN: 201-251-28. Related File:
Development Review 96-07.
DEVELOPMENT REVIEW 96-07 - DIVERSIFIED PACIFIC HOMES - Review of the
detailed site plan and building elevations for Tentative Tract 15726 consisting of 17
single family lots in the Low Residential District (2-4 dwelling units per acre)
generally located south of Lemon Avenue and west of Hermosa Avenue - APN:
201-251-28. Related File: Tentative Tract Map 15726.
BACKGROUND: A drainage issue has not been resolved for the subject tract. The proposed in-fill
parcel accepts cross-lot drainage from undeveloped vacant land to the west. The amount and
manner of accepting the flows has not been resolved to the satisfaction of the grading committee.
Therefore, staff recommends a continuance to resolve this technical issue.
RECOMMENDATION: Staff recommends continuance of the subject applications to the Planning
Commission meeting of June 12, 1996.
subn
City Planner
BB:MB:gs
ITEMS H & I