HomeMy WebLinkAbout1993/09/08 - Agenda Packet1977
CITY OF
RANCHO CUCAMONGA
PLANNI COMMISSION
WEDNESDAY
SEPTEMBER 8, 1993
7:00 P.M.
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBER
10500 CIVIC CENTER. DRIVE
RANCHO CUCAMONGA, CALIFORNIA
II.
III ·
I. Roll Call
Commissioner Chitiea
Commissioner McNiel
Commissioner Melcher
Commissioner Tolstoy
Commissioner Vallette
Announcements
Approval of Minutes
Adjourned Meeting of July 7, 1993
August 25, 1993
IV. 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.
Ae
ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A
consideration to modify, suspend, or revoke an
entertainment permit granted for the following
entertainment uses: disc jockey doing vocals,
playing records, and videos; live acts such as
comedy, magic, dancing, and fashion shows; live
bands (5 members or less); lip syncing; special
promotions such as talent night contests,
promoting sports teams, major sports events
through satellite TV, college bowl, and trivia
questions contests, in conjunction with a
restaurant and bar, located at 10877 Foothill
Boulevard - APN: 208-351-75. (Continued from
June 9, 1993.)
B. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT
15526 - LEWIS - A residential subdivision and
design review for 57 single family homes on
7.86 acres of land in the Low Medium
Residential District (4-8 dwelling units per
acre) in the Terra Vista Planned Community,
located at the southwest corner of Mountain
View Drive and Milliken Avenue -
APN: 1077-091-36. Staff recommends issuance
of a mitigated Negative Declaration.
C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL
MAP 14457 - WOLFF/LANG/CHRISTOPHER - A
subdivision of 2.48 acres of land into 2
parcels in the General Industrial District
(Subarea 8) of the Industrial Area Specific
Plan, located at the southeast corner of Arrow
Route and Utica Avenue - APN: 209-144-84.
Staff recommends issuance of a Negative
Declaration.
De
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE
PERMIT 93-24 - SOUTHERN CALIFORNIA EDISON
COMPANY - A request to construct an electrical
substation in the Minimum Impact Heavy
Industrial Designation (Subarea 9) of the
Industrial Area Specific Plan, located on the
west side of Rochester Avenue, south of Arrow
Route - APN: 229-111-18. Staff recommends
issuance of a Negative Declaration.
ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT
13796 - LEWIS DEVELOPMENT - A residential
subdivision and design review of 111
condominium units on 7.92 acres of land in the
Medium Residential designation (8-14 dwelling
units per acre) of the Terra Vista Planned
Community, located on the south side of
Mountain View Drive, east of Milliken Avenue -
APN: 227-151-32. Staff recommends issuance of
a mitigated Negative Declaration.
V. Director's Reports
F. CONDITIONAL USE PERMIT 88-12 - WESTERN
PROPERTIES - A request to amend the approved
Uniform Sign Program for Terra Vista Town
Center, located at the northeast corner of
Foothill Boulevard and Haven Avenue.
(Continued from August 25, 1993)
VII.
VIII.
VI. Public Comments
This is the time and place for the general public
to address the Commission. Items to be discussed
here are those which do not already appear on this
agenda.
Commission Business
Adjournment
The Planning Commission has adopted Administrative
Regulations that set an 11:00 P.M. adjournment
time. If items go beyond that time, they shall be
heard only with the consent of the Commission.
VICINITY MAP
t"o o
CITY HALL
CITY OF
RANCHO CUCAMONGA
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
September 8, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Nancy Fong, AICP, Senior Planner
ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to
modify, suspend, or revoke an entertainment per,tit granted for the
following entertainment uses: disc jockey doing vocals, playing
records, and videos; live acts such as comedy, magic, dancing, and
fashion shows; live bands (5 members or less); lip syncing; special
promotions such as talent night contests, promoting sports teams,
major sports events through satellite TV, college bowl, and trivia
questions contests, in conjunction with a restaurant and bar,
located at 10877 Foothill Boulevard - APN: 208-351-75. (Continued
from June 9, 1993.)
BACKGROUND: At the continued hearing of June 9, 1993, the Commission took
additional testimony from the public, the Police Chief, and the Fire Chief and
reviewed evidence documenting the public safety nuisances. The consensus of
the Comission was that there was sufficient evidence to warrant revoking the
Entertainment Permit. However, the Co~nission felt that the root of the
problem was the type of entertainment and the age group of the patrons,
especially on Sunday nights. The Commission felt that a restriction could be
placed on the permit to limit the entertainment to patrons age 21 and over.
The applicant indicated to the Commission that they were willing to work with
the City on solving the problems. The Co~ission, with the consent of the
applicant, imposed the age group limitation for three months. The purpose was
to determine if this restriction eliminated the public nuisance problems. The
Commission directed staff to monitor the situation and report the results to
them. The Comission then continued the hearing to this meeting.
ANALYSIS:
Backwaters
Plan, and
modified.
This section of the report describes the results of monitoring
for the past three months, analyzes their proposed Operational
discusses whether the Entertainment Permit should be revoked or
A. Suaunary of Monitoring Results.
Police Report: Attached to this report is a memo from the Police
Chief that summarizes the results of monitoring the effects of public
nuisance problems after the age limitation was imposed. The Police
ITeM A
PLANNING CO~4ISSION STAFF REPORT
~.P 91-04 - BACKWATERS
September 8, 1993
Page 2
observed that the number of patrons going to the nightclub reduced
significantly in the beginning of the three-month period. However,
since that time, the number of patrons have increased to a point of
reaching the maximum occupancy of 532. The Police Chief also
reported that there was only one call for service during this three-
month period, which is a substantial reduction compared to the first
half of this year. The related parking and traffic congestion
problems have decreased. Therefore, the Police Chief's assessment is
that the limitation to ages 21 and over did eliminate some of the
public nuisance problems. He recommends that this restriction be
maintained as a permanent condition of approval for the Entertainment
Permit.
Fire Report: According to Deputy Fire Marshal, the second dance area
located in the main dining room has been approved by the Fire
Department. However, staff has requested the Fire Department not to
increase the occupancy in the main dining room where the dance area
is located. The reason is that an increase of occupancy means an
increase in the demand for parking. It is well documented in
previous staff reports that the special events and promotions have
created over crowding and parking problems. Also, the Deputy Fire
Marshal reported that he has not observed any overcrowding nor
responded to a call for service during this three-month period.
B. Review of Backwaters Operational Plan.
At the hearing on May 12, 1993, the Commission directed the applicant to
address several areas of concerns: a safety and security plan to ensure
public safety within the buildings, the parking lot and the immediate area
surrounding the property; a crowd management plan for monitoring the
overcrowding without consuming valuable Fire Department resources; a short
term and long term plan for addressing the on-site and off-site parking; a
plan that shows the extent and limitations of the advertising for the
entertainment and how the applicant intends to carry it out; a specific
list of special promotions that will be offered; and a plan that shows the
agreed time line for notifying the City, including the Police and Fire
Departments, in advance of the planned special promotions and events. The
applicant has worked with staff in developing an operational plan to
address the Commission's concerns as shown in Exhibit "A". City staff
including Police and Fire Officials have reviewed the proposed plan and
offer the following comments:
Security, Safety and Crowd Management Plan: According to the
applicant, the bar manager is designated as the contact person for
the Fire and Police Officials should there be a need. For special
events with over 300 people, three managers will be on duty to
control and manage the operation of the entertainment. For public
safety, the applicant proposes to station three security staff in the
PLANNING COMMISSION STAFF REPORT
EP 91-04 - BACKWATERS
September 8, 1993
Page 3
building and two security staff in the parking lot when the occupancy
does not exceed 150 people. If the occupancy exceeds 150 people, the
applicant will increase the security staff to six in the building and
five in the parking lot. The security staff in the building are
recognized by their uniform dress code and name badge. The security
staff in the parking lot are in "peace officer" uniform.
Exhibit "AI" shows where the security staff are stationed in the
building to control the crowd while Exhibit "A2" show where the
security staff are stationed in the parking lot to control the
parking area, direct on-site traffic, and ensure overall safety after
the nightclub closes. City staff believes that the proposed plan
will adequately address the safety concerns and alleviate the impact
to Police and Fire Departments.
Parking Plan: The applicant proposes to increase the number of
spaces available for parking by stacking them in a tandem way between
the drive aisles which are not designated as fire lanes, as shown in
Exhibit "A2." Two security officers will be directing the on-site
traffic for the tandem parking spaces. No valet parking service is
proposed. This plan adds 40 more spaces for parking. The City
Planner and Deputy Fire Marshal have reviewed the proposed parking
plan and have accepted it in concept, subject to submittal of a
detailed plan with accurate dimensions for Fire District review and
approval. However, staff would like to point out that this solution
is short term. The applicant should continue to explore alternatives
for solving the parking problem by expanding the parking lot. Staff
proposes to modify the permit by limiting the occupancy to a maximum
of 532. Any proposal to increase the occupancy will require an
expansion of the parking lot subject to City Planner review and
approval.
3e
Advertising and Entertainment Plans: The applicant stated that
special events or promotions will be limited to small name
entertainers and pre-sale tickets will be available. Staff proposes
that the maximum number of tickets for special events and promotions
be limited to 532, based on the approved maximum occupancy. The
applicant has agreed to give a minimum of 48 hours notice to City
staff including Fire and Police Officials for any special event or
promotion. Staff believes that the proposed plan together with the
limitation on occupancy will alleviate future overcrowding and
related problems.
It is evident from the last three months that the restriction of the
entertainment for the age group of under 21 significantly reduced the public
nuisance problems. It is Staff's opinion that additional mitigation measures
and conditions of approval as discussed above can be placed on the permit so
that ~le public nuisance problems and the impact to the Fire and Police
resources are minimized. Therefore, staff recomends modifying the
Entertainment Permit.
PLANNING CO~4ISSION STAFF REPORT
EP 91-04 - BACKWATERS
September 8, 1993
Page 4
RECOMMENDATION: Staff recommends that the Planning Commission consider public
testimony. If the Commission concurs with staff's findings and reco~ended
conditions of approval, then modification of Entertainment Permit 91-04
through adoption of the attached Resolution would be appropriate.
Respectfully submitted,
Brad Buller
City Planner
BB:NF:mlg
Attachments:
Exhibit "A" - Backwaters Operational Plan
Exhibit "B" - Memo From Police Chief dated August 25, 1993
Exhibit "C" - June 9, 1993, Planning Co~nission Minutes
Exhibit "D" - June 9, 1993, Planning Commission Staff Report
Resolution of Approval
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CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE= August 25, 1993
TO:
FROM:
BY:
BRAD BULLER, CITY PLANNER
CITY OF RANCHO CUCAMONGA
ATTN: NANCY FONG
BRUCE ZEINEH, CHIEF OF POLICE
CITY OF RANCHO CUCAMONGA
JOE HENRY, OPERATIONS LIEUTENANT
CITY OF RANCHO CUCAMONGA
SUBJECT: RACKWATERS UPDATE
Subsequent to the Planning Commission mandate in which persons
under the age of twenty-one (21) were not to be allowed to
patronize Backwaters for a period of ninety (90) days,
Deputies C. Mulligan and T. Parnell were assigned to monitor
the situation for the trial period.
The first two (2) weeks of the period were for the purpose of
advising the existing under-21 patrons that the Club would no
longer be allowing them in. Backwaters personnel fully
complied with the edict. At the conclusion of the grace
period, the Club was closely monitored for compliance, and it
was determined that Backwaters staff was taking adequate care
to ensure that under-21 patrons were not allowed in,
especially on Sunday evenings which had previously been the
primary concern. It was also determined that the Club had
also complied with the Commission's determination that
additional parking be arranged for. This was accomplished
through an agreement with the Medical Center across the
street.
Once persona under the age of twenty-one (21) were not allowed
to patronize Backwaters on Sunday evenings, it was noted that
the crowd count was significantly reduced. On the first
weekend, there were about thirty (30) cars in the lot on
Sunday. However, since that time, the crowd has increased to
a point where the bar and dance floor portion of the Facility
are close to capacity.
General Manager Art Bean has advised the monitoring Deputies
that Backwaters plans to utilize only the bar and dance area
in the future due to the fact that a similar-type night club
has opened in the Los Angeles area and the people who used to
come from Los Angeles are now attending that Facility. Mr.
Bean has said that they are comfortable with the regular
clientele they have established and will probably not utilize
the restaurant area.
BACKWATERS UPDATE
BIqAD BULLER, CITY PLANNER
August 25, 1993
Page ~wo
(Continued)
During the ninety-day test period, Deputies Mulligan and
Parnell were only aware of one (1) call for service pertaining
to Backwaters, and that was deemed to be "Unfounded". This
represents a significant decrease in the need for Police
Department resources. Deputies Mulligan and Parnell also
noted a decrease in the traffic congestion and parking
problems that had been prevalent primarily on Sunday nights
prior to the under-21 ban.
I would like to thank the Backwaters ownership and staff for
their assistance prior to and during the ninety-day test
period. Therefore, based upon the above information and our
observations, it appears that the test period of not allowing
persons under the age of twenty-one (21) to patronize
Backwaters has significantly reduced and/or solved the Police
response problems as they pertain to that establishment.
Therefore, it is the recommendation of the Police Department
that: the Planning Commission permanently extend the under-21
regulation.
BZ/JH: lrg
Mountainview Drive in Terra Vimta is a major street. He also noted that whale
there are no homes on the other Mountainview Drive, a change would affect
approximately 400 apartments and he commented that apartment dwellers are also
City residents.
Chairman McNiel asked the time frame for the proposed change.
Mr. Ross replied that the post office would be notified immediately to change
their computers, after which time either address would be acceptable for a
two-year period. He felt that should be sufficient time for residents to have
used up their supplies of checks, stationery, etc.
Commissioner Vallette felt it would be best to affect the fewest number of
residents. She felt the change is unfortunate but necessary for safety
reasons.
Commissioner Chitiea agreed it would be appropriate to change the street names
in Mulberry Place.
Motion: Moved by Chitlea, seconded by McNiel, to adopt the resolution
approving Street N~ Change 92-03. Motion carried by the following vote:
AYES=
NOES:
ABSENT=
COMMISSIONERS=
COMMISSIONERS=
COMMISSIONERS=
CHITIEA, MCNIEL, TOLSTOY, VALLETTE
NONE
MELCHER -carried
Chairman McNiel invited Gaylaird Christopher, wolff/Lens/Christopher
Architects, to introduce dignitaries from the Coyote Canyon Schools, who had
arrived late to receive their 1993 Deeign Excellence Award. The Coyote Canyon
School Board presented the City with I copy of an award they had received from
the Inland Empire Design Institute which also recognized the City Planning
Division.
Con~nissioner Melther arrived.
ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to modify,
suspend, or revoke an enter~ainment permit granted for the following
enterta£nment uses= disc jockey doing vocals, playing records, and
videos; live acts such as comedy, magic, dancing, and fashion shows; live
bands ($ members or leos}; lip syncing; special promotions such as talent
night contests, promoting spo~cs remus, major apollos events through
satellite TV, college bowl, end trivia questions contests, in conjunction
with a restaurant and bar, located at 10877 Foothill Boulevard -
APN: 208-351-75. (Continued from May 12, 1993.)
Nancy Fens, Senior Planner, presented the staff repor~ and a copy of an
agre~nt provided by John Mannerins regarding parking at Laurel Aspen. She
discussed the plan submitted by Backwaters. She remarked the plan should
Planning Coaunission Minutes
-4-
June 9, 1993
include specific steps that would be taken by the security guards =o prevent
loitering in the parking lot, especially for those patrons who have been
turned away. She noted that the applicant proposed valet service, but did not
indicate if they plan full valet service or merely someone directing cars to
specific areas. She stated the police had recently observed cars being parked
between the drive aisles. She disclosed that the original approval calls for
the applicant to submit any valet parking plane to the City for approval prior
to being put in place.
Chairman McNiel commented that the item had been continued and the public
hearing was still open.
John Mannafine, MannerShe & Briguglio, 9333 Base Line Road, Suite 110, Rancho
Cucamonga, stated that Backwaters had not been given any guidelines as to how
to prepare their plan. He reported that Mr. Bean had met with Deputy Fire
Marshal Ralph Crane and then presented what they thought was a very
comprehensive plan. He said they did not realize they had to address
hypothetical scenarios in the plan, such ae what would be done if people would
not leave when they are told to do so. He felt much points could easily be
addressed and reflected in the plan. He said they have not engaged in valet
parking, but they have undertaken a plan allowing them to park each car on the
parking lot at Backwaters without blocking any fire lanes by directing the
patrons where to park. Me did not feel it would be necessary to engage in
valet parking, but noted they would make an application to the City prior to
doing so. He noted that he had presented a letter of intent, agreed to by Mr.
Richards, permitting Backwaters to park on the Laurel Aspen lot with
Backwaters providing security and valet parking. He said he did not feel it
would be necessary. Me said they had made substantial efforts in order to
rectify the concerns raised at the previous Planning Commission meeting. He
noted that the staff report referred to advertising signs being posted within
the City and stated that at the previous meeting concerns had been raised
about' posting advertising signs only outside of the City. Me said Mr. Bean
has agreed to stop the posting of illegal signs within the City even though
there are at least four other establishments in the City who engage in the
same practice. He said he had reported at the last Planning Commission
meeting that a liaison had been selected by the Police Department but he noted
that the liaison had not been available on Sunday evenings because it is his
night off. He said the Police Department has now indicated they will appoint
an individual who works on Sunday evenings, as that seems to be the night with
the most problems. He asked that Ralph Crane advise him impression of fire
and safety matters and his experience with Backwaters.
Ralph Crane, Deputy Fire Marshal, noted that the staff report included a
memorandum from the Fire Protection District regarding the Dlatrict's contacts
with Backwaters. He said the staff at Backwaters has met the Fire District's
requirements with relation to the building and fire protection equipment on
site. He said there have been very few occurrences compared to the prior two
tenants and other tenants of the same type of occupancy.
Brad Bullet, City Planner, asked that Mr. Crane indicate the widths and
location of the fire lanes.
Planning Commission Minutes
-5-
June 9, 1993
Mr. Crane showed the fire lanes extending along the southern side of the
parking lot and north along the drive aisle immediately east of the
building. Me indicated they are 26 feet wide. Me commented they had just
been infoz~ned yesterday that parking was occurring in a non-standard manner in
the other parking aisles. Me said he had no= had an opportunity Us research
the files to find out what the original approval called for in terms of fire
lanes to determine if any other drive aisles were included. Me did not feel
any other aisles should be required for access although he thought it may have
been required because the distance of the dead end portion is 163 feet, which
is 13 feet beyond the 150-foot maximum. He said it is not unusual for the
Fire Department to allow a small leeway in the maximum distance. He indicated
the drive aisle on the west side of the building is not a fire lane, but they
would have to be able to hand-carry hoses through the area.
Clotelis Riddell, 6935-B Doheny Place, Rancho Cucmonga, stated she had moved
to the area for affordable housing and a more laid-back lifestyle. She noted
the oon~nunity has grown, meaning diversity. She also felt that there has been
an influx of elements from distant communities who come to reap crime and
havoc before escaping back to their communities. She stated she enjoys
diversity in music, but felt Backwaters should perhaps limit some of the types
of music end age of their patrons to establish a cc~npromiae with the residents
and City. She did not feel the Backwaters should lose their entez~caimnent
permit or be forced to becon~J a country western club. She asked that any
problems be addressed if Backwaters is violating any rules which are contrary
to the health and safety of the community.
Mr. Mannerins introduced Terry Wood from radio station 92.3 The Beat.
Terry Wood, 75270 Salton Street, stated she works with K-KBeet radio
station. She said they are one of the top radio stations in the market end
are owned by one of the top broadCelt groups in the country. She said she
heard. concamo that becaule they are a Lea Angeles station, they are
attracting listlnlrl from other areas. She stated they operate from Santa
Barbara to San Diego to Sen Bernardino and are one of the primary stations in
the Sen Bernardino area.; She noted their advertisers include clubs in Los
Angeles and Orange County and she did not feel that people from Los Angeles
come to Rancho Cucamonga to go to a club because there are so many clubs in
the Los Angeles area. She else noted that the main concern appears to be
Sunday evening's entertairunent end stated that Backwaters has never promoted
Sunday evenings on their radio station. She said they are a very respected
radio station in the area and like doing business with Backwaters because they
have never had any problems with them. She observed they had recently done a
remote broadcast from Backwaters and received positive feec~ack from the
residents of the community.
Mr. Mannerins introduced Axt Been, General ~nager of Backwaters.
~ Bean, Backwaters, Backwaters, 10877 Foothill Boulevard, Rancho Cucamonga,
stated he had met with Ralph Crane to work out details of crowd control and
fire and earicy and he felt Mr. Crane was very happy with the way Backwaters
is handling business. He stated the program outlines how they operate their
business. He thought the plan is clear so far as the positions and what
Planning Coa~lsaion Minutes
-6-
June 9, 1993
individual jobs entail. He said he had not had an outline of what the City
was looking for in the plan and he was confused when he was asked to define a
manager and was told that his operating procedure was vague and weak. Be felt
it is clear that the manager's responsibility is to ensure the safety of the
all the patrons, from the time a vehicle pulls into the parking lot until they
leave. He laid he employs an outside security firm to secure the parking area
and when they have asked people to leave, they have generally left. Be felt
they handle their business well. He stated there may be times when they will
receive last minute notice that big-name etars would like to come and sign
autographl and said he would notify the Planning Division and Fire and Police
Departments ai soon as possible, but they would not be able to give the normal
seven-day notice. He said without entertainment, they would be out of
business. He liked that the Commission ask any questions where they may feel
the plan il vague.
Commissioner Valletie noted that signage had been discussed at the previous
Planning Commission meeting and she pointed out that signs were posted in the
City.
Mr. Bean replied they had not posted any posters either in Rancho Cucamonga,
Pomona, or Upland after receiving a phone call from each of their Police
Departments.
Commissioner Valletie noted there had been two reported inltances where
security personnel employed by Backwaters had failed to appear in court and
the cases had to be dismissed.
Mr. Bean stated that one of their security officers had received notice to
appear in court and that security officer stated he had gone to court.
Commissioner Valletie asked about the second instance.
Mr. Bears replied that he only knew of one time that any of their security
officers was to appear in souft. He said there wal no reason why any of his
security personnel would ;not go to cour~ and stated it is their policy to
press charges if there IIa problem requiring police response.
Commissioner Vallette stated ihe preferred to see such a policy spelled out in
the plan.
Mr. Bean responded that would be acceptable.
Commissioner Melcher felt part of the problem may be a matter of communication
with people who are not in the entez~cainment business. He said it il
understandable that paz~c of a manager's reiponlibility is ensuring the lafety
of patrons but he felt the plan should outline various procldurel which the
manager would use to ensure such safety.
Mr. Bean felt the plan outlines that there li inlide and outside security and
stated the manager is in constant radio co~munication with the security
supervisors. He said he is currently the closing manager every night because
he wants to be sure there are no problems. He said he is linked by radio to
the counters end the security personnel both inside and outside.
Planning Co-waission Minutes
-7-
June 9, 1993
Commissioner Melcher commented that it appeared there is a lot of
communication capability built into the plan but he did not see what measures
are taken to be sure e patron is not carrying a concealed weapon.
Mr. Bean agreed that was not spelled out in the plan and said it had not been
included because Mr. Sims had indicated at the last meeting that Backwaters
personnel check IDs, run a metal scanner by the patron, and shine a flashlight
on the patron. He said they use a female security person to check the
women. He said they check for weapons and liquor.
Commissioner Valletee noted that the plan did not spell out the club's policy
when firearms are found.
Mr. Bean responded that the gun would be taken and they are to notify the
Police Department.
Commissioner Valletee noted there have been a number of shooting incidents and
she asked how often weapons have been found.
Mr. Bean replied he thought there was only one situation where a gun was found
and the security officer confiscated the weapon but returned it at the end of
the night. He said that was handled wrong and the security officer had been
dismissed and others understood why.
Commissioner Valletee stated there were a number of unanswered procedural
questions in the plan and she understood staff's frustration in not receiving
the pXan icenet so that ioml of those queltiOnl could have been asked sooner.
Mr. Mannerinc introduced Michael Sims, owner, and asked that he address the
shooting incident.
Michael Sims, owner of Backwaters, 10877 Foothill Boulevard, Rancho Cucamonga,
stated that since the last Planning Commission meeting, he had tried to figure
out what he can do to please the Planning Commission and Police and Fire
Departments. He said he ~&d decided that maybe only a few people want to see
him closed down and he wanted to change the City'e attitude toward
Backwaters. He laid he believes in Backwaters and hoped that the
Commissioners would be willing to work with Backwaters. He said he had read
the paper and noticed that there were acts of shooting and violence elsewhere
in the City which are totally unrelated to Backwaters and he was hurt because
he felt that Backwaters is being singled out. He affirmed there had been
three shooting incidents since starting the rhythm and blues night. He said
one of the incidents took place at the medical center and in talking to ten
different witnesses there would be ten different stories. He felt the Police
Department's memorandum makes Backwaters sound like a gangland, but he thought
it was not a realistic picture. He laid lO~lonl wal denied entrance to
Backwaters, went to the medical center located about a block away, and fired
fired upon and the guy merely shot in the air when he was angered by not being
allowed in the club and he then waited for the Police arrival. He said
another shooting was at Spires restaurant and he questioned why everyone is
concerned about Spirel and not ~bout Backwaters. Me nc~ced that people going
Planning C~maission Minutes
-8-
June 9, 1993
to Spires at 2 or 3 a.m. have been out having fun at parties, clubs, or
friends' homes. He did not feel Backwaters people are causing problems at
Spires and if Spires is open =ha= late they must like the business they are
getting. He said =hat according =o =he Police Department, =we women left
Backwaters and said they were shot at en route to Spires. He stated the
shooters had never been caught and he questioned why that incident was tied to
Backwaters because the shooters had never been in Backwaters. He reported the
final shooting involved =we people who pulled into the parking lot, hit each
others' cars, flashed signs, and then shot at each other. He said =hey were
never in Backwaters. Be stated the incidents were all isolated and he abhors
that it happened, but violence does occur. He said being a night club, things
will happen, but that is the exception, not the rule. He said nothing has
happened at Backwaters during the last month, other than the shooting. Be
said Captain Zeiner had told him =hat although there have been no other
occurrences, the Police are concerned about the potential for violence. Be
stated that Captain Zeiner had admitted that inside the club =here may be no
problems. He expressed a willingness to work with the Police Department to
prevent outside problems. He commented that most of the 18 incidents listed
in the Police memorandum are for misdemeanor or light offenses. He said they
have never had a fight at Backwaters that has lasted more than 10 seconds. He
said that none of the three shootings occurred inside of Backwaters and did
not involve people who had been inside the club.
Commissioner Valletee stated she had reviewed the paperwork from when the
original entertainment permit was issued and at that time Mr. Dennis,
Backwaters' General Manager, had stated that the majority of the problems
experienced in the past had been the result of overcrowding and fights because
of the age level the entertainment attracted and that he wished to raise the
age level of the patrons. She was concerned that most of the problems seem to
be connected with the club's 18-and-over night. She commented that when the
Commission originally approved the entertai~ment permit, they had been assured
that ege levels would be addressed. She asked if Mr. Sims had plans to
address the problem in the future.
Mr. Sims said the Fire District has been there many nights and has found that
they are within code. He acknowledged there had been an overcrowding incident
shortly after they opened, at which time there were 16 people too many. Me
said they have since hired more security and done things differently, such as
cutting down on edvertising for holiday weekends. He invited the
Commissioners to visit Backwaters. He said that at his last meeting with
Captain Zeiner, he had asked that the Police work with him for a few weeks
regarding Sunday evening°s 18-and-over policy to see if he could make
work. He said he had told Ca~ain Zeiner he would cancel the policy if the
Police did not feel there was any improvement. He did not think there had
been any problems during the last two weeks. He asked that the Commission
allow him to run his business.
Comm£slioner Tolstoy asked if meals are being served at the restaurant.
Mr. Sime~ said they had recently closed for remodeling. He indicated they were
trying to determine what would work because they had lost business due to the
adverse publicity they had received. He said he had many letterl of support
Plann£ng Commission Minutes
-9-
June 9, 1993
from residents of Rancho Cucamonga. He stated they are now opening the
restaurant at night to serve breakfast to try to keep the patrons from going
to Spires so that Spires would not complain. He said they plan to open the
restaurant in a couple of a weeks as a fine dining steak house serving steak,
ribs, and chicken.
Commissioner Melcher asked if Mr. Sims had gotten the sense that the Police
Department would work with him for a few weeks.
Mr. Sims replied that every time he has met with Captain Zeiner he has felt
there was a common ground. He hoped that Chief Zeiner would confirm they were
willing to work together.
Commissioner Melcher noted there had been some comments regarding the lack of
adequacy of the operational plan and he asked if Backwaters was willing to
expand upon the plan if it were possible to work with staff.
Mr. Sims replied that he is willing to go as far as requested and would be
willing to do anything possible to stay in business. He said they have called
the City and Fire and Police Departments to see how they are doing. He wanted
to work it out. He asked for input on the plan. He felt they have constantly
submitted things and been criticized. He remarked they had been trying to get
a sign out front and, although he has worked through three sign companies, he
has been unable to get one. He felt he is a good businessman and runs a clean
club.
Mr. Mannerins reiterated that they are willing to refine the plans upon input
from the City. He acknowledged that the plan was not submitted until June 2,
but stated they had been meeting with Ralph Crane. He said he had the sense
that the Police Depar~nent would work with them. He said at the last meeting
they had with Cap~ain Zeiner and Lieutenant Henry, Captain Zeiner had told
them ~bout a circumstance he found unacceptable on the Memorial Day weekend.
He said no one had come into the restaurant to tell them they found anything
unacceptable in the parking lot and that showed there is still a communication
problem. He laid he had ~o doubt that if Captain Zeiner indicates there is a
law enforcement problem because of Backwaters' non-cooperation, that the
Commission would pull the entertainment permit. He s&ld &t the same meeting,
Lieutenant Henry indicated there had been no problems last Sunday evening with
a near-capacity crowd. He noted that Sunday evenings seems to be the focus
and he felt Sunday could be made acceptable with an 18-and-over policy. He
recalled that when he was 18, there were no places to go and he felt they
could demonstrate that it will work. He said Captain Zeiner had indicated
that if Backwaters will take care of the people on the property, the Police
would handle the people off the proper~y. He felt there had been some
legitimate criticisms of Backwaters' management during the 18 months they have
been open, but that Backwaters had rectified a lot of the problems. He
requelted that the Commission allow Backwaters to refine their plan and retain
the 18 and over night. He laid that if the Coat,ilion feels it is necessary
to limit the entertainment permit, that they merely ask that Backwaters
eliminate the 18 and over night.
Planning Cmmaission Minutes
-10-
June 9, 1993
Commissioner Vallefro felt the burden to decide whether to rescind the
entertainment permit does not lie with Captain Zeiner; however, he is
responsible for reporting the facts.
Mr. Mannerins said he understood, but he felt the Commission would ask him for
a recommendation and that recommendation would weigh heavily on the
Commission's judgment.
Robert Hammond, 191 Browning, Upland, stated he was appearing as a patron and
a friend of the owners. He reminded the Commission that he had spoken at the
last meeting. He said that at the last meeting no restrictions had been
placed on Backwaters regarding advertising within Rancho ¢ucmmonga. He said
they should obviously not be posting illegal posters, but they had only been
asked not to advertise out of the county. He commented that details of how
patrons are searched had been explained at the last meeting. He felt the City
does not want the club in the City limits and that is why restrictions have
been placed on the club. He said the City has been trying to drive the club
away by restricting parking everywhere they have parked. He stated that when
the club first opened they had permission from the adjoining property owner to
park on the dirt field behind the club but that permission was very quickly
withdrawn, after which time patrons parked on unposted streets which quickly
became posted even though there are no businesses or buildings on those
streets. He said that cars which park by the abandoned buildings behind the
club are being ticketed even though the area is not posted. He said at one
time the club had permission to park at the hotel, but within a short time
that permission was withdrawn. He said that as each parking area has been
made unavailable, Backwaters has done the best they could to accommodate the
City. He felt that Backwaters is doing a good job because from November 1992
to April 1993 there were only 27 incidents at Backwaters requiring Police
response and 18 of those incidents involved breaking into cars, pilferage, or
vagrant activities. He said he had only been able to determine one incident
where-anyone was arrested and charged and that was the incident where the
security guard failed to show up at court. He said there had been only two
instances where Backwaters has called and asked for Police help. He stated
they have handled their own security and the other incidents were merely from
a Police Officer c~iving by or stopping in. He felt there are attempts to
make Backwaters look bad when they are probably doing the best job of any
night club in Rancho Cucmmonga and probably any club in the valley. He
commented that the Fire Department has given Backwaters a clean bill of health
except for the one time there were 16 too many patrons. He said they had a
very clean record from the time they opened until November 1992 when there was
a shooting at Spires and suddenly the City decided Backwaters should be
eliminated. He said things have eased up since the last Planning Commission
meeting with no problems occurring. He felt no one tries harder than
Backwaters to fit into the City. He thought the problems encountered could
easily have been solved in meetings rather than holding a hearing. He
affirmed that Sunday evening is a busy night for Backwaters because there is
nothing else for teenagers to do in the City. He said for the most part, the
teenagers have behaved very well. He commented that in the 18 months
Backwaters has been open, there have been only two driving under the influence
citations issued that could be related to Backwaters and he thought that was a
remarkable record. He felt Backwaters deem a good job of policing their
Planning Commission Minutes
-11-
June 9, 1993
facility and protecting their patrons. Me thought it is better to have the
teenagers at Backwaters being supervised than to have them out milling around
the City.
Katrice Williams, 16153 Merrill Avenue, Fontana, stated that as an Afro-
American citizen she was disappointed and outraged at the events which have
taken place over the last few months. She said it is apparent that the City
and its agencies are subtly distorting facts to provoke a desired effect. She
said you can raise a child to be as great as the mind can imagine and that
child can make great contributions to mankind but if the child is raised as &
racist, the parent has failed. She said that if the City leaders raise s
racist City, they have failed and done an injustice to society. She commented
that over a year ago the City of Los Angeles burned because City planners,
mayors, and other leaders failed to correct an unjust situation. She said
that every city in the country deserves to burn until somebody stands up for
what is right. She did not think it would be right to close Backwaters, put
people out of work, and take entertainment away from the community based on
any reason other than it is legitimately unsafe or negligent. She asked that
the City instead work with Backwaters. She said the months she has been at
Backwaters have been more valuable than her college degree because she has
learned a lot about business. She thought it was unfair to close down
Backwaters because of the clientele that they bring to a lily-white city. She
felt the Co~miseioners could not make a fair decision without visiting the
premises.
Steve Jesse, 5919 Cedar Mountain Drive, Rancho Cucamonga, stated he had moved
to the area five years ago because he was impressed with Rancho Cucamonga,
particularly the design requirements as he ie an architect. He said he has
seen changes and recent newspaper az~icles have caused him to be more
concerned about safety in the community. He felt consideration needs to be
given to the safety of residents, continued economic strength, and growth of
the neighborhoods. He felt the Commission needs to determine if Backwaters
has a positive or & negative effect on the community. Be said he is the
architect of the Rancho Cucamonge Medical Center and they have had severe
problems following major ~events at Backwaters, including having all types of
liquor betekes, used condoms and underwear, and other items left in their
parking lot, costing them considerable money to have the debris cleaned up.
Ha said that is also where one of the pistols was found which had been used in
one of the incidents. Ha felt that if the establishment is causing problems
for the community, it should be addressad. He said he hoped there were no
pressures because of racism, but he felt if there are negative consequences
from a business, perhaps limitations could be placed on the events that can
take place. He said he had bean at the restaurant and felt the food wal
adequate, well served, and reasonably priced. He said he had gone by in the
evenings and seen the horrendous crowds and the police cars sitting at Rancho
Cucamonge Medical Center observing what is going on. Ha thought that is a
good idea for safety purposes but he was concerned that it may be taking
Police from other areas of the City, and he felt the taxpayers should not have
to pay to have Police sit there as there will not be problems. He said ha
wanted Backwaters to be the best it can be but he did not want to see anything
degrade the community.
Planning Commission Minutes
-12-
June 9, 1993
Keisha Manns, 9929 La Vine Street, Rancho Cucamonga, stated she has been a
resident of the area for 20 years. She said she had heard there is a group
that is trying to stop businesses from moving out of Rancho Cucamonga to other
areas. She stated that after hearing about the problems Backwaters is having,
she wondered if businesses are not moving out of the City because of the
Planning Commission. She thought that advertising is essential for every
business to survive. She stated she had seen advertising posters on telephone
poles for Sam's Club and Peppers and she did not see why Backwaters cannot
have the same type of advertising. She said there is no profanity or anything
that would incite violence in the advertising posters. She recalled that the
same type of advertising had been used when she was growing up to sell new
home developments and she felt that had been permitted because it was used to
build up a stronger community tax base. She felt that Backwaters was also
providing a tax base for Rancho Cucamonga and the City should be happy there
is a business which wants to stay in Rancho Cucamonga. She said there had
been a comment in a recent newspaper article that the main problem the Police
Department has had is with the type of people that are attracted. She asked
what type of People were referred to. She commented she has only seen well
mannered, respectable people there and she had not seen any Crips or Bloods
step inside the establishment. She said it had been stated at the last
meeting that the Police are worried about the potential of a problem within
the club but asked if the Police are also concerned about the potential of
violence emanating from Peppers. She felt that people go to Peppers only to
drink whereas most people go to Backwaters to listen to the mulic and dance.
She said the African-American culture does not socialize around beer as is the
Call with other cultures. She laid generally there are no Police around
Peppers, like there are hanging around Backwaters looking for trouble. She
felt the clients of Peppers are just as likely to be drunk or carry a
concealed weapon. She noted that no one checks patrons at either Peppers or
Sam's Club to be lure there are no concealed weapons. She felt if the City is
concerned about concealed weapons, then a policy should be instituted in all
drinking establishments. She laid she had recently gone to Sam's Club and
there were four men who were drunk and started fighting and no cops c~me. She
said when Ihe goes to Backwaters she normally arrivll at 11=00 p.m. and the
Police are airlady there;ticketing people. She thought if the Police are
worried about the Potential for violence at clubs, there should be Police at
Sam'l and Popperi more than at Backwaterl because Backwaterl il located by
fieldl and empty office IpeCel while S~m°l and Peppers are located near
relidencel. She noted that ltaff had liked Backwaters what steps would be
taken to be sure that p~tronl would not drive around and come back and she
asked if staff was Silo concerned about People driving around Pepperi. She
asked why ltaff would be concerned and felt people have the right to drive
around as much al they want. She noted that some people call the club
'Blackwaterl' and lhe questioned if that was the problem for the City. She
eaLd lhe preferred to think that the tommilliOn ll better than thet. She felt
Backwatlrl is being lingled out.
Keibrick Mannl, 9929 Li Vine Street, Rancho Cuc~monga, Irated he had lived Ln
the area before it bec~me I City. He asked that the City ltOp what they are
doing to Backweterl. He luggested the signs behind Backw&terl be changed to
prohibit parking between 9=00 a.m. and 5=00 p.m. only, which would allow
Backwaters' pattoni to p~rk on the street at night.
Planning Commission Minutes
-13-
June 9, 1993
every Powers, 1279 Via Centreas, Moreno Valley, stated he had graduated from
Alta Lama High School and attended Cheffay and Claremont Colleges. He said he
works at Backwaters and he sees a lot of security people standing around
waiting for something to happen because nothing is happening. He noted
someone said they had seen beer bottles, condoms, and underwear at the medical
center, but he felt that was only speculation because the Backwaters' people
had not seen any pictures of it and they do not have litter in the Backwaters'
parking lot. He stated the club is one of the best he has been to and it is
run with very tight security. He felt the Sims are breaking their backs to
keep their business and if the entertainment permit were to be pulled, it
would shut them down. He asked if anyone had been found guilty of doing
anything wrong other than the one incident when someone shot in the air
because they were not allowed in the club. He said it is one of the best
atmospheres for entertainment.
Joe Turner, 9601 Hidden Farm, Rancho Cucamonga, stated he is the doorman at
Backwaters. He stated him job entails letting the Police know what is going
on and making sure everyone is checked for their identification and weapons.
He reported he had seen the three incidents that had been discussed. He said
he had turned away the person who left and shot in the air because he did not
like the way the man was dressed and the security personnel had escorted him
off the property. He felt such an incident could happen anywhere. He said he
had never seen anyone come up to the door with a gun or alcohol because the
patrons know they will not be able to enter with such items. He said after
telling people they cannot enter, some of those people have lingered or
returned to the club at closing time and he he has pointed out those people to
the Police and informed them that those people had been refused entrance and
had asked the Police to tell them not to return. He said the Police have
talked to people and those who have been stopped or arrested have not returned
to Backwaters. He hoped that communications could be improved between
Backwaters and the City and he was sure Backwaters would do whatever is
necessary to stay in business.
Mr. Manna said he has a good understanding of local government because a few
of his closest friends az~ City Planners. He asked that the Commission make
sure that Backwaters is in compliance and then leave them alone unless there
is truly & threat to public safety.
Hearing no further testimony, Chairman McNiel closed the public hearing. He
asked that Captain Zliner respond to the public testimony.
Bruce Zeiner, Police Cap~ain, referred the Commission to the May 24, 1993,
follow-up report prepared by Lieutenant Henry. He laid that in reference to
comments made by several people, the Police have never had a major concern
with how Backwaters runs the inside of their business end are in fact rather
pleased with the way they run the inside. He said the issue hal been the kind
of people that are attracted. He noted that the spokesman for the radio
station had Itsted that peOpll fro~ the has Angeles area do not come out here
to go to clubs; however, he said the Police had provided copill of citations
issued to people from Irvine, Inglewood, San Juan Capistrano, Hawthorne, and
Pomona. He stated they have also arrested or taken crime reports from people
from Duetie, Los Angeles, Pasadena, and Carina. He said he had personally
Planning Commission Minutes
-14-
June 9, 1993
spoken to people in the parking lot who said they came from Downey and Los
Angeles because there is not as much shooting or violence here as where they
come from. Be noted mention had been made about violence in general but he
observed that Backwaters has had multiple occurrences at the same location,
whereas the other incidents mentioned had been spread out in ares. He said
Police presence would be increased at other locations if common occurrences of
violence were experienced. He commented that as recently as Sunday, May 23,
there had been an abundance of people appearing to be in the 18 to 20 year age
group parking in the area but unable to get into the restaurant. He said he
had spoken to the security guard on that evening and the security guard had
acknowledged there were too many people in the parking lot but said he did not
have the manpower to do anything about it. He noted that Mr. Bean had
complained that the Police had not contacted him on that evening, but it was
his understanding that the security guards are in contact with the
management. He said that while he was there, they observed people moving the
cones blocking cars from the parking lot end driving in as well as a fight by
two people in front of the building. He said they had addressed those
problems in a subsequent meeting with Backwaters and he understood that this
past Sunday evening there had been no problems. He said there had been
comments ·bout drinking and driving and comments about under-age drinking. He
noted it is difficult to prove where people have been drinking but he said
there have been several incidents of people under 21 who were pulled over for
driving while intoxicated or involved in accidents who claimed they were
drinking at Backwaters. He stated he would prefer not having 18 to 20 year
olds in a bar serving alcohol because even if they are not being served, it
would take ·n inordinate amount of security guards with 500 patrons to be sure
that minors are not drinking. He said he would like to see their business
work. He felt the issue is not that the business is poorly run, but rather
the impact on the rest of the City. He said he was concerned that an
inordinate amount of Police Officers, in their opinion, need to be present in
the ·re· for parking and potential violence problems. He stated that Bloods
and trips gang members are attracted to the location even if they are not
permitted inside. He reiterated that the staff of Backwaters have been
amenable to suggestions; however, he felt the problems may continue if the 18
and over policy il not changed. He thought that if the number of people
attracted is reduced, it would help. He noted that once the club reaches
capacity, there are generally 18 to 20 year olds who have been drawn to the
· re· and have no place to go. He said he was somewhat concerned that a patron
of Backwater· would make · statement that cities who don't do things they
agree with deserve to burn and he would direct his staff to take any steps
necessary to see that that does not occur.
Commissioner belcher questioned if the type of entertainment advertised draws
not only Bloods and tripe but also I majority of people who are not gang
membere.
Captain Zeiner stated the majority of patrons do not appear to be gang m~mhers
of any kind, but he stated the Police have identified Bloods and tripe because
they have either spoken with them or arrested them.
Chairman McNlel asked if Ms. Fong would respond to the public testimony.
Planning C~miasion Minutes
-1S-
June 9, 1993
Ms. Fens acknowledged that she is not experienced in running a night club and
there had been some confusion with the plan. She stated she had reviewed the
plan submitted to be certain it addressed all of the concerns of the
Commission, particularly in the ·re· of public safety; and after reviewing the
plan, she felt it was vague in some areas. She said she had posed some
questions to Mr. Bean to see if he could give some answers. She stated one of
staff°s goals is to maintain open communication with applicants and she had
posed the questions to Mr. Bean because she did not feel the plan adequately
addressed the safety issue. She said she had asked Mr. Bean what steps would
be taken to try to discourage a would-be patron who had been turned ·way from
parking elsewhere and walking to the night club. She indicated she was )uBt
trying to understand how they operate. She thought Mr. Bean or Mr. Sims
should have contacted staff if they had questions as to how to formulate the
plan to address the seven points which had been raised at the previous
meeting. She said it was unfortunate that the plan had not been submitted
until late on Wednesday June 2, not permitting staff time to review the plan
with the Police and Fire officials prior to assembling the ·glad· on
Thursday. She reported that staff had approved a sign concept for Backwaters
but she did not think Backwaters had pursued the matter to get building
permits to build the sign.
Mr. Bullet noted that comments had been made ·bout the business retention
group and he said it is an ongoing effort of the Planning Division and a
subcommittee of the City Council has been formed to focus on bulinellee and
business retention in the ·re·. He st·ted that, with regard to the comments
· bout real sit·re signs, the City has always tried to control the illegal
posting of signs throughout the City streets and that the City has made great
strides within the lalt 6 to 7 years in removing tacked-on illegal signs
within the public right of Way. He acknowledged that £t is still be£ng done
by the clubs mentioned this evening, and said that unfortunately the staff has
been reduced and cannot keep up. He said upon talking with Backwaters
representatives, they have made what he felt were sincere commitments to not
let it happen in either Rancho Cue·mens· or neighboring cities. He stated he
had tried to make it clear that the City°l goal is for compliance with ·11 the
conditions of approval ~for the entertainment permit. He recalled two
instances in which Itaff had to remind Backwaters that cart·in conditions were
in place. He laid one had to do with using a dance floor before receiving
proper approvals from the Fire District and the other had to do with double
parking prior to finding out if fire lanes were blocked. Be hoped that
Backwaterl would approach City staff in the future to see how problems can be
iolved. He laid at hil firIt meeting with Mr. Sims he had indicated that the
biggest planning issue is parking and he had asked that a plan be established
to addreel that concern.
COmmilsioner Vallette asked if the frisking policy at Backwaters was at the
City'l request.
Mr. Bullet responded that it il · self-imposed policy of Backwaters.
Chairmen McNiel noted that there had been · comment ·bout the 27 incidents
requiring Police respenis between November of 1992 and April 1993 and it had
been implied that ihould be acceptable. He did not feel the City should find
Planning Co~ission Minutes
-16-
June 9, 1993
that acceptable or assume a "boys-will-be-boys" mentality because there should
not be a tolerance for such incidents. He stated there had been a comment
about business moving out of Rancho Cucamonga and be noted that companies move
into and out of areas regularly for various reasons. He acknowledged that
there have been signs posted on telephone poles by both Sam's and Peppers but
said the City is doing everything it can to stop that as well. He also noted
there had been another night club where the City held similar meetings to the
one being held tonight in an attempt to have the club address problems which
it was creating for the surrounding community. He said the club was slow in
responding and the permit was ultimately pulled because of the problems. He
stated he had just returned from Sacramento, where he had attended meetings at
which the governor was present to discuss the state budget and the potential
effects on cities and counties. He commented that the City stands to lose
between $800,000 and $8,000,000 which would affect the Police Department, Fire
Department, and all other services. Be reported the City has been cutting its
staff over the last three years. He re·red that in some ins=antes the Police
Department is being required to provide ·n inordinate amount of service by
almost placing · Police Officer on site at a time when the money for such
services will potentially be cut. He said there had been some commentary
· bout potential for violence with respect to Peppers and Sam's Place. He
observed that the Police Department responds to need and the frequency of
calls to Peppers and Sam's has been considerably less than to Backwaters. He
noted a comment had been made about the establishment being called
'Blackwaters' and said that was the first he had ever heard that term. He
felt the term was offensive and unacceptable. He said the Commission was
being asked tO o~lda a judgment on whether the business should continue under
its current entertainment permit. He felt the Commission must determine if
the pos.£tivel outweigh the negatives. He thought there had been
communications between the City and Backwaters for a fair amount of time
it appeared that when the City had asked for · number of things the response
had been slow.
Commissioner Melther stated that perhaps Backwaters was · little derelict
· bout getting the plan submitted, but he had heard Backwaters express ·
willingness to continue exploring the question and he had heard Captain Zeiner
state that he hopel Backwaters ·ucceedl. He questioned if the plan should not
be referred back to staff to develop it further with Backwaters and returned
to the Commission when it is ready or when staff feels there is no further
hope of compromise.
Chairman HcNiel noted that on May 12 Mr. Mannerins had requested · continuance
of four weeks to prep·re and said he had only recently been hired to represent
Backwaters. He observed that · member of City Council said Mr. Mannerins had
contacted him more th·n · month before the May meeting to discuss the
situation. He thought there had been more th·n adequate time to prep·re and
he felt there had been reluctance to comply until the matter was brought
before the Commission. He questioned how long the Co,mission should postpone
action. He thought the Cooklilies should now accept staff's recommendation or
'reaffirm the conditions of the entertainment permit and if Backwaters does not
comply, the entertainment permit should be rescinded. He felt the previous
continuance was f·lr but questioned if the matter should be further deferred.
Planning Commis·ion Minutes
-17-
June 9, 1993
Mr. Mannerins asked if he could readdress the Commission.
Chairman McNiel reopened the public hearing.
Mr. Mannerins stated that the first continuance on the matter was at the
Commission's request and after that he had requested a continuance because he
had recently been retained and the seven-point plan had been prepared in three
weeks.
Chairman McNiel again closed the public hearing.
Commissioner Tolstoy stated he had reviewed the minutes of the original
Planning Commission meeting when the entertainment permit was approved. He
said that the Commission approved the permit after hearing Duane Dennis, the
manager at that time, express a desire to provide an upscale dining
a~mosphere. He said Mr. Dennis had stated he thought a majority of the
problems experienced by the former owners were probably due to the age level
of the patrons. He reported Mr. Dennis had indicated the new owner wanted to
provide an atmosphere more conducive to an older clientele and would select
entertainment accordingly. He stated the Commission had granted the
entertainment permit based on those indications. He acknowledged that perhaps
the upscale dining did not work and the 18-and-over night brings in more
patrons, but he thought the conditions have changed and the current permit is
no longer valid because of those changed conditions. He felt the expectation
of City residents is for a safe community and he thought the operation has
drawn people into the community =hat have caused a situation where the Police
Department has had to spend a lot of time because of incidences which have
occurred. He acknowledged the problems have not occurred inside the club, but
outside, but he felt the problems must be corrected. He thought the
Co~mission should either revoke the permit and allow Backwaters =o apply for a
new entertainment permit with conditions which the Commissioners feel will
alleviate some of the problems or the City should work with Backwaters to
modify the current permit. He felt Backwaters has been slow =o respond to the
problems and he felt things should have been worked out sooner. He thought
there may have been a la~k of communication between Backwe=ere and the City.
He remarked that Backwaters had now come out and made a commendable response
but he questioned why there had not been an earlier response.
Commissioner Chitlea felt that public safety and welfare is the number one
concern aa well as making aura that taxpayers in the community are not unduly
burdened with looking after any one business. She said the business had
originally been proposed as a restaurant that would offer entertainment and
Ihe noted the business is no longer functioning specifically as a restaurant
but instead has evolved into a night club. She said she understood that most
of the problems Ire occurring on Sunday evenings. She thought perhaps the
axilting permit could be modified to eliminate the under 21 age limit and
condition the restaurant to be reopened. She suggested a trial 'three to six
month period to find out if that would result in a significant drop in Police
activity. She did no= think =he community can afford to expend =he money
necessary to police an est,bliahment that at=facts the element that is causing
=he problems. She said =he trial period would give Backwe=era an opportunity
to show they can meet very specific standards, but if the problems continued,
Planning Commission Minutes
-18-
June 9, 1993
she felt the Commission owes it to the residents of the community to remove
=he problem.
Commissioner Valle=re affirmed that when Mr. Dennis, the original manager,
spoke to the Planning Commission he presented the business to be primarily a
restaurant establishment with entertainment as a secondary use and stated he
wanted to make sure that the types of incidents which had happened with
previous owners would no= occur again. She felt that was not the case and the
Commission had grounds to revoke the entertainment permit. She thought health
and safety and the drain on City services are major issues. She acknowledged
that to revoke the permit would be difficult inasmuch as the public testimony
was for the most part in favor of retaining =he business. She thought perhaps
Commissioner Chitiea's suggestion would be beneficial.
Commissioner Melther suggested a finding that the Sunday night entertainment
is not consistent with the entertainment permit and must cease until the
entertainment permit is revised.
Con~issioner Chitass suggested that entertainment might then be moved to
another night of =he week. She said there was some questions as to whether
the proble~ is the entertainment or the age of the crowd. She supported
eliminating one or the other to determine which is the problem.
Commissioner Valleire suggested setting up a subcommittee to work with staff
and the applicant in addressing the issues.
Mr. Bullet noted that several proposals had been presented by the
Co~nission. He suggested the Commission may wish to receive input fro~ the
applicant regarding the potential for temporary suspension of the
entertainment permit for a specific entertainment or a temporary restriction
on the minimum age limit. He though= the epplicant realized the Co~WailliOn
may te~m more serious action and he thought perhaps =he applicant would prefer
an interim step to give them a chance to work with st·if and other City
agencies.
Chairman McNlel reopened the public hearing to request coo~ent from the
applicant.
Mr. Mannerins requested a few minutes to talk with his client.
The Planning Co~ission recessed from 10.'23 p.m. to 10:30 p.m.
Mr. Mannerins stated he h·d spoken to Mr. Bullet during the recess, end he
suggested one of two proposals. He requested that they be permitted to
operate for eight weekl under the existing permit to allow them to demonstrate
that they could successfully handle 18 and over Sunday evenings with i review
scheduled at the end of the eight-week period. He thought they could work
with staff end a subcommittee during that period to further clerify the
plan. He requelted In alternative of allowing them a two-week period to
advise the 18 to 20 year olds that their policy was switching over to a
minimum age of 21 and then have the applicant work with staff end the
subcon, it=es during the following eight weeks to conceive · plea that would be
Planning Coawaission Minutes
-19-
June 9, 1993
acceptable for returning to the 18-and-older format. He said they would
obviously like the opportunity to demonstrate they can operate the Sunday
evening entertainment for 18 and over without any undue Police burden or
public safety hazard.
Commissioner ChitilS asked if the applican~ was willing to consider
eliminating the 18 to 20 year old group for a three-month period.
Mr. Mannlrino said if the restriction is imposed, they would have to live with
it. He thought three months is a long time and he felt two months would be
sufficient.
Chairman MeNial felt the main problem is the 18 to 20 year olds.
Mr. Mannafine remarked that it was also the most profitable night because
those under 21 have no other places to go.
Chairman McNiel did not feel it was reasonable to expect the community to be
placed in jeopardy just because it is profitable.
Mr. Mannafine suggested they be given two weeks to allow them to advise the
pattoni of the change in policy to a minimum age of 21, let them operate for
two months, and then return to the Commission.
Chairman McNiel again closed the public hearing.
Com~isa£oner Chitils stated she had felt there was a strong possibility that
the permit might be revoked this evening end when she had suggested that the
minimum age be changed, her thought was that it may eliminate the problem and
the burden on the community and the permit might then be continued permanently
under those circumstances. She said it was not her intent to form
subcommittees and take a lot of additional staff time to keep looking &t it.
She asked if it would be nlclslary to revile the entertainment permit in order
to restrict entertainment to age 21 or over.
Mr. Bullet responded that if the hearing were to be continued for three
months, the Planning Commission could establish an interim condition of
restricting intertlinment to 21 and up by minute action. He questioned if the
Commission wanted the entertainment restricted all evening or only after a
certain hour.
Commissioner Chitism felt that further enforcement problems would be caused if
18 to 20 year olds were restricted only after a certain hour.
Co~iaaioner Vallltte agreed. She re0mrked that the original purpose was for
i restaurant, not · night club. She wanted to give them an opportunity to
continue thlir business but illminers the problems.
coo~o£eeioner Tolstoy felt that Sunday night activities had placed a tremendous
burden on the Police Department. He feared that excluding the 18 to 20 year
olde may cause problems. He thought there should be a way for Backwaters to
campshalts the Police Department for the needed Police Officers, such as
Planning Commission Minutes
-20-
June 9, 1993
having Backwaters hiring some of the off-duty or reserve Police Officers. He
thought that on one evening all of the on-duty Officers had been at Backwaters
and he felt that was a situation the City does not wish to have happen
again. He hoped there was some way to obtain extra officers to take care of
potential problems on Sunday evenings.
Ralph Hanson, Deputy City Attorney, commented that the City does not charge
for police responses; however, if the Commission wished to include a
requirement in the entertainment permit that a uniformed, licensed Police
Officer be present, the City could investigate the matter.
Commissioner Tolstoy stated it was not his intent to have Backwaters pay for
the officers on duty; but he wanted to see the officers on duty out in the
City rather than spending all of their time at Backwaters.
Mr. Hanson stated that was why the City was considering the modification or
revocation of the entertainment permits.
Mr. Bulmer stated that during the recess he had suggested that a grace period
might be given in order to give Backwaters an opportunity to advise patrons
who attend on a regular basis that the club would no longer be open to 18 to
20 year olds. He thought the grace period would give Backwaters an
opportunity to determine whether problems could be expected once the 18 to 20
year olds are no longer permitted.
Motions Moved by Chitlea, to continue the matter for three months, with an
understanding that under 21 year olde would be restricted following a two-week
transitional period. She felt the restaurant should be reopened and commented
the entertainment permit was granted with the understanding that the business
was a restaurant which provides entertainment.
Commissioner Vallette asked if there is a specific time frame for Backwaters
to give notification to the Police Department regarding entertainment.
Mr. Bullet stated they ate to give notice but a specific time frame is not
apelied out.
Commissioner Chitiea agrem~ that when the matter returns in three months,
there should be a better feeling for what is working.
Commissioner Vallette was concerned that during the three month period there
be prope,r notification to provide staffing.
Captain Zeiner commented that the Police Department would need more notice
than from a Friday evening to · Saturday, pa~iculerly when big name
entertainers may be involved.
Com~iemioner Vallette felt the establishment may not be appropriate for
drawing top name enter~ainere. She thought the Sports Complex may be a better
location.
Commissioner Chitlea felt it may be a question of advez~leing.
Planning Commission Minutes
-21-
June 9, 1993
Commissioner Vallette thought the time frame for notification should be worked
out between the Police Department and the management of Backwaters and she
suggested that there may even be different time frames for different types of
entertainment.
Commissioner Chitlea felt a written policy could be developed during the
three-month period.
Commissioner Tolstoy asked if the other Commissioners wished to include
anything about additional policing.
Commissioner Vallette stated that she had suggested a subcommittee to identify
and work on the issues, such as additional policing, parking, etc.
Commissioner Chitlea did not feel a subcommittee was necessary.
Chairman McNiel felt that Backwaters must deal with the problems.
Commissioner Vallette felt a subcommittee could give on-going feedback to make
it easier for the management to come up with a satisfactory plan and preclude
their returning with the excuse that they did not know what was expected.
Chairman McNiel felt there would be sufficient feedback from the Police
Department and Planning staff.
Commissioner Vallette felt it would be only a short-term subcommittee and it
would be a matter of good public relations.
Commissioner Melcher asked if Commissioner Chitiea's motion called for a
finding that the existing entertainment permit does not include entertainment
events open to those under 21 years old and the three month continuance would
be t~ evaluate the remainder of the operation to see if it would be workable
from the standpoint of both the City and the applicant. He thought at the end
of the three month period, the entertainment permit would either be revoked or
the hearing would be concluded with a finding that the restriction on
enter~ainment for those under 21 years old would remain as a permanent
condition.
Commissioner Chitlea agreed that was the intent of her motion.
commissioner Melcher seconded the motion.
Mr. Bullet noted that three months would continue the matter to September 8.
Chairman McNiel noted the continuance to September 8 would be predicated upon
not experiencing major problems between now and then.
Mr. Bullet confirmed the matter could be returned sooner if necessary.
Chairman McNiel reopened the public hearing.
Mr. Mannerinc asked for clarification that those under 21 would be permitted
in the restaurant once it reopens.
Planning Co~lssion Minutes
-22-
June 9, 1993
Chairman McNiel confirmed that the prohibition was only for the night club.
The motion carried by the following vote=
AYES=
NOES=
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
CNITIEA, MCNIEL, MELCHER, TOLSTOY
VALLETTE
NONE -carried
Chairman McNiel commented that he wants the business to do well but he does
not want the community to suffer as a result of what occurs there. He thought
the Calaission has a responsibility to the business and Backwaters has a
responsibility to the community.
PUBLIC COMMENTS
Brad Bullet, City Planner, noted the Commission had received a letter from
Steve Seeley requesting that the Commission consider a~nding the Foothill
Boulevard Specific Plan to permit a health club to locate in the Thomas Winery
Plaza. Mr. Bullet said staff felt the use may be appropriate. Be stated the
Commission should indicate whether an ~n~ment should be initiated.
Commissioner Vallette asked if the applicant was aware the process may be
time-consuming.
Mr. Bullet stated the process had been described to the applicant. He stated
that if there was no objection, staff would work with Mr. Seeley to begin
processing the amendment.
It was the consensus the Commission that the amencbnent could be pursued.
COMMISSION BUSINESS
HISTORIC PRESERVATION ~OMMISSION DUTIES AND P~SPONSIBILITIES
Brad Buller, City Planner, stated he had tentatively decided that Historic
Preservation Commission items would generally be considered at the first
meeting of the month. He recommended that the Historic Preservation
Commission meetings be held immediately preceding the Planning Commission
meetings.,
It was the consensus of the Commission that would be acceptable.
Mr. Bullet indicated that in July staff would begin training of the
Commissioners on historic preservation details not only at the meetings, but
alia on an individual basis.
ADJOURNMENT
Motion= Moved by Melther, leconded by ChitSea, carried 5-0 to adjourn.
Planning Cc~miasion Minutes
-23-
June 9, 1993
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
June 9, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Nancy Fong, Senior Planner
ENTERTAINMENT PERMIT 91-04 - BACKWATERS - A consideration to
modify, suspend, or revoke an entertainment permit granted for the
following entertainment uses: disc jockey doing vocals, playing
records, and videos; live acts such as comedy, magic, dancing, and
fashion shows; live bands (5 members or less); lip syncing; special
promotions such as talent night contests, promoting sports teams,
major sports events through satellite TV, college bowl, and trivia
questions contests, in conjunction with a restaurant and bar
located at 10877 Foothill Boulevard - APN: 208-351-75. (Continued
from May 12, 1993.)
BACKGROUND: On May 12, 1993, the Planning Commission conducted a public
hearing to consider revoking the Entertainment Permit for Backwaters. At the
meeting, the applicant requested a two week continuance so that they could
respond to the identified public safety nuisance allegations. After taking
public testimony, including additional testimony from the Chief of Police, the
Commission discussed, at length, the evidence documenting the public safety
nuisances generated by the entertainment from Backwaters. The Commission
decided to give the applicant another opportunity to come up with precise
plans and programs that address the identified public safety nuisances. Since
the applicant agreed to submit such plans and programs, the Commission then
continued the hearing.
ANALYSIS: At the hearing on May ~2, 1993, the Commission directed the
applicant, when preparing their response, to specifically address the
following seven areas: a safety plan to ensure public safety within the
building and the parking lot; a security plan for inside the building, within
the parking lot, and the immediate areas surrounding the property; a crowd
management plan for monitoring the overcrowding without consuming valuable
Fire Department resources; a short term and long term plan for addressing the
on-site and off-site parking; a plan that shows the extent and limitations of
the advertising for the entertainment and how the applicant intends to carry
it out; a specific list of special promotions that will be offered; and a plan
that shows the agreed time line for notifying the City, including the Police
and Fire Departments, in advance of the planned special promotions and
events. Staff has contacted the office of the attorney representing the
applicant several times since the May ~2 meeting to inquire about the status
of the applicant's response and to remind him of the importance of submitting
them in a timely manner for City staff review. Staff received the applicant's
response Wednesday afternoon, June 2 (See Exhibit "3"). Therefore staff was
unable to address that response in this report and will attempt to address
this matter at the June 9 Commission meeting.
PLANNING CO~4ISSION STAFF REPORT
EP 91-'94 - MIKE SIMS
June 9, 1993
Page 2
The Commission had several questions as to the circumstances and the location
where the shootings and other criminal incidences occurred. Based on the
police reports, all of the 18 cases except for one as described in the
previous staff report occurred on Backwater's property during the period from
November of 1992 to April of 1993. Because police reports are confidential
information, they have not been included in the staff report. However, the
Chief of Police has prepared a memorandum dated May 24, 1993, to respond to
the Commission's questions as shown in Exhibit "2." This memo describes the
circumstances of these criminal incidences in detail and further documents
that the special promotions on Sundays continue to have illegal overflow
parking and security problems. Recently staff has observed an increase in the
amount of illegal signs posted within the City's right-of-way, such as the
median island on Foothill Boulevard and Haven Avenue and the power poles and
street signs on various other streets.
Because of the substantial and compelling evidence presented at the May 12
hearing, and without the opportunity to review the applicant's response to the
Com~ission's concerns of May 12, it continues to be staff's conclusion that
the business is conducted in a manner contrary to the peace, health, safety,
and general welfare of the public; that the entertainment provided by
Backwaters creates a drain on law enforcement and fire resources; and that the
entertainment causes a negative impact to the surrounding businesses.
Therefore, the Entertainment Permit should be revoked.
PLANNING COMMISSION CONSIDERATIONS: According to Entertainment Ordinance No.
290, the Co~mission may revoke an Entertainment Permit if it is determined
that the applicant:
Made any false, misleading, or fraudulent statements in their
application; or
Violated any provision of Entertainment Ordinance No. 290 or any
other regulation or condition relating to his permitted activity; or
3. Is convicted of a felony, or any crime involving moral turpitude; or
4J
Violated any regulations or conditions adopted by the Planning
Commission or City Council relating to permittee's business or
permit; or
Conducted business in a manner contrary to the peace, health, safety,
and general welfare of the public; or
Demonstrated that he is unfit to be trusted with the privileges of
such permit.
If the Planning Commission revokes the Entertainment Permit, the Commission
should specify in their revocation action a minimum time period to reconsider
any new application for an Entertainment Permit. The result of this action
would be that the applicant can continue to operate the restaurant and bar but
without the entertainment. The applicant may in the future reapply for a new
Entertainment Permit.
PLANNING COMMISSION STAFF REPORT
EP 91-04 - MIKE SIMS
June 9, 1993
Page 3
RECOMMENDATION: Staff recommends that the Planning Co~anission revoke
Entertainment Permit 91-04 through adoption of the attached Resolution. If,
after considering further public testimony, the Commission determines that
there is still an opportunity to work with the applicant in developing
mitigation measures for the problems and nuisances, then the Commission may
chose to suspend the Entertainment Permit.
City Planner
BB:NF/jfs
Attachments:
Exhibit "1" - Staff Report dated May 12, 1993
Exhibit "2" - Memo from Chief of Police dated May 24, 1993
Exhibit "3" - June 2, 1993 Letter from Backwaters
Resolution for Revocation of EP 91-04
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, MODIFYING ENTERTAINMENT
PERMIT NO. 91-04 FOR BACKWATERS, A RESTAURANT, BAR, AND
NIGHTCLUB, LOCATED AT 10877 FOOTHILL BOULEVARD, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-351-75.
A. Recitals.
(i) On December 17, 1991, the Planning Commission adopted
Resolution No. 91-190, approving Entertainment Permit No. 91-04 for
Backwaters, a restaurant, bar and nightclub with the following entertainment
uses: disc jockey doing vocals, playing records and videos; live acts such as
comedy, magic, dancing and fashion shows; live bands (5 members or less); lip
syncing; special promotions such as talent night contest, promotion of sports
teams, major sports event through satellite TV, college bowl, and trivial
questions contests, subject to specified conditions.
(ii) On May 12, and continued to June 9, 1993, the Planning
Commission, with the consent of the applicant, limited the entertainment to
patrons~ 21 years and older for three months as a test period in response to
public safety nuisance problems. The Commission then continued the hearing to
the September 8, 1993, meeting.
(iii) On September 8, 1993, the Planning Commission reviewed the
results of monitoring Backwaters with the age restriction. The Commission
concluded said hearing and determined to modify the Entertainment Permit
instead of revoking it.
(iv) 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 12, June 9, and September 8,
1993, including written and oral staff reports, together with testimony from
the public, the Rancho Cucamonga Police Department, and Fire Protection
District, this Commission hereby specifically finds as follows:
(a) The special promotion of entertainment provided by
Backwaters has attracted a high number of patrons creating overcrowding,
illegal overflow parking, and criminal activities.
PLANNING COMMISSION RESOLUTION NO.
EP 91-04MOD - BACKWATERS
September 8, 1993
Page 2
(b) The Police responded 27 times to Backwaters between
November of 1992 and April of 1993. Of the total, 18 reports have been filed
which range from attempted murder, assault with a deadly weapon, assault with
serious bodily injuries, battery, possession and/or concealment of stolen
guns, attempted grand theft, and burglary-vehicle to vandalism and
disturbances.
(c) The Fire Protection District continued to expend time
and personnel to respond to the site as a result of disturbances, shootings,
battery, and assault betweeen November of 1992 and April of 1993.
(d) The public streets and the private parking areas of
adjacent businesses have been impacted by the illegal overflow parking of cars
from the patrons of Backwaters.
(e) On June 9, 1993, the Commission restricted the
entertainment to patrons 21 years and older for a test period of three months
so that staff could monitor whether some of the public nuisance problems could
be alleviated.
(f) The monitoring results of this three-month period
indicated that: the overcrowding, traffic, and parking problems have reduced
significantly and the impact to the Fire and Police resources have been
minimized.
addressed
described
reference.
(g) The applicant has submitted an Operational Plan that
adequately the safety concerns raised by the Commission, as
in Exhibit "A," attached hereto and incorporated herein by
3. Based upon the substantial evidence presented to this
Comn~ission during the above-referenced public hearing and upon the specific
findings of facts set forth in paragraphs i and 2 above, this Commission
hereby finds and concludes as follows:
(a) The applicant conducted the business in a manner not
contrary to the peace, health, safety, and general welfare of the public.
(b) The applicant demonstrated that he is fit to be trusted
with the privileges of such permit.
4. Based upon findings and conclusions set forth in paragraphs 1,
2, and 3 above, this Commission hereby modifies Entertainment Permit No. 91-04
subject to the following conditions:
Plannin~ Division
All conditions of approval as contained in
Resolution No. 91-190 shall apply, a copy of
which is attached hereto and incorporated
herein by reference.
PLANNING COMMISSION RESOLUTION NO.
EP 91-04MOD - BACKWATERS
September 8, 1993
Page 3
The entertainment and the nightclub shall be
limited to patrons age 21 and over, except for
the restaurant (dining) patrons.
The maximum occupancy for the entire building
shall be limited to 532 people. Any increase
of occupancy shall require an expansion of the
parking lot subject to the City's review
process, prior to approval of the increased
occupancy.
4. The applicant shall adhere to the Operational
Plan as shown in Exhibit "A."
The maximum number of pre-sale tickets for a
special event or promotion shall not exceed
532 tickets.
The Planning Commission shall conduct a
compliance review one year from the date of
this modification.
Fire District
A detailed parking plan showing accurate
dimensions of parking spaces, fire lanes,
drive aisles, etc. shall be submitted for Fire
District review and approval prior to
commencement of use.
The proposed future stacked parking spaces
along the most easterly fire lane are
subjected to Fire District review and approval
prior to commencement of use.
3o
Any changes to the crowd management plan shall
be subject to Fire District review and
approval.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTEST:
Brad Bullet, Secretary
PLANNING COMMISSION RESOLUTION NO.
EP 91-04MOD - BACKWATERS
September 8, 1993
Page 4
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 8th day of September 1993, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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EP 91-04
[0877 Foothill Blvd.
?3acho Cucamonga, CA 91730
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RESOLUTION NO. 91-190
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT
PERMIT NO. 91-04, A REQUEST TO CONDUCT LIVE ENTERTAINMENT
IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED AT 10877
FOOTHILL BOULEVARD IN SUBAREA 7 OF THE INDUSTRIAL AREA
SPECIFIC PLAN, AS FOLLOWS= DISC JOCKEY DOING VOCALS,
PLAYING RECORDS, AND VIDEOS; LIVE ACTS SUCH AS COMEDY,
MAGIC, DANCING, AND FASHION SHOWS; LIVE BANDS (5 MEMBERS
OR LESS); LIP SYNCING; SPECIAL PROMOTIONS SUCH AS TALENT
NIGHT CONTEST, PROMOTION OF SPORTS TEAMS, MAJOR SPORTS
EVENTS THROUGH SATELLITE TV, COLLEGE BOWL, AND TRIVIAL
QUESTIONS CONTESTS, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN= 208-351-75.
A. Recitals.
(i) On October 9, 1991, Mike Sims filed an application for the
issuance of an Entertainment Permit No. 91-04 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Entertainment
Permit request is referred to as "the application."
(ii) On the 11th day of December 1991 and continued to the 17th day
of December 1991, 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.
(iii) 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 December 17, 1991, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows=
a. The application applies to proper~y located on the
southwest corner of Foothill Boulevard and Spruce Avenue, and is currently
developed with a restaurant/night club and associated parking.
b. The property to the north is developed with a shopping
center, the property to the south is vacant, the property to the east is under
construction for a hotel, and the property to the west is vacant.
PLANNING COMMISSION RESOLUTION NO.
EP 91-04 - MIKE SIMS
December 17, 1991
Page 2
91-190
c. The applicant has indicated on the application that neither
the applicant or any persons responsible for the management or supervision of
Backwater's has, within the previous 10 years, been convicted of a crime; nor
has the applicant had any permit or license issued in conjunction with the
sale of alcohol provision of entertainment been revoked.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows:
a. That the conduct of the establishment or the granting of
the application would not be contrary to the public health, safety, morals, or
welfare;
b. That the premises or establishment is not likely to be
operated in an illegal, improper, or disorderly manner;
public nuisance.
That the granting of the application would not create a
d. That the applicant, or any other 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 with the
preceding five years;
e. That the normal operation of the premises would not
interfere with the peace end quiet of any surrounding residential
neighborhood; and
f. That 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 met forth in paragraphs
l, 2, and 3 above, this Commission hereby approves the application subject to
each and every condition set forth below.
1) This approval is granted for the following
enter~ainment uses~
a) Disc jockey doing vocals, playing records, and
videos;
b) Live acts of comedy, magic, and dancing;
c~
Fashion shows consisting of evening wear and
fashionable attire (no nudity or ess-through or
w.t fabric.),
PLANNING COMMISSION RESOLUTION NO. 91-190
EP 91-04 - MIKE SIMS
December 17, 1991
Page 3
2)
3)
4)
7)
d) Live bands (5 members or less);
e) Lip syncing;
f)
Special promotions for talent night contests,
promotion of sports teams, major sports events
through satellite TV, college bowl, and trivia
question contests.
All persons conducting a public dance or any
entertainment where dancing by patrons or customers
is permitted shall have in attendance at the premises
for the purpose of supervising the dancing and the
conduct of all patrons and customers, a duly licensed
and uniformed security guard at all times such
dancing is permitted or allowed. However, the
provisions of this condition shall apply only where a
dance floor or dance area in excess of 150 square
feet is available or designated for dancing by
customers or patrons.
A minimum of two duly licensed, certified, or trained
and regularly employed security guards from a
reputable security firm shall be required to be on
the premises from 6 p.m. until two hours after the
cessation of any entertainment. At least one of said
guards to be in "peace officer" uniform and remain on
duty in the parking and outside adjacent areas of the
facility.
The hours of operation for entertainment shall be
limite'd to Sunday through Saturday, 6 p.m. to 2 a.m.
No more than ten contestants shall be allowed to
compete in a talent night event. The scope of the
"talent night' shall be limited to lip sync acts,
singing and/or dancing acts, magic acts, and comedy
acts.
The applicant shall submit a monthly calendar of
entertainment events to the City Planner for review
of compliance with the approved entertainment uses.
The applicant shall submit a security management
program indicating which reputable security firm will
be employed and the number of security guards on duty
on any one shift, etc., subject to City Planner
review and approval prior to the occupancy of the
building and commencement of use.
PLANNING COMMISSION RESOLUTION NO.
EP 91-04 - MIKE SIMS
December 17, 1991
Page 4
91-190
S)
All landscaped areas shall be kept free from weeds
and debris, maintained in a healthy and thriving
condition, and receive regular pruning, fertilizing,
mowing, and triz~ing. Any damaged, dead, diseased,
or decaying plant material shall be replaced within
30 days from the date of damage.
9)
The applicant shall replace all missing landscape
materials according to any detailed landscape plan
approved by the City Planner. Upon completion of the
landscaping, the applicant shall contact the Planning
Division for an inspection prior to occupancy of the
building. Additional landscape materials may be
required if an on-mite inspection of the mite reveals
any apparent landscaping deficiencies.
10)
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.
11)
Occupancy of the facility shall not commence until
such time as all Uniform Building Code and State Fire
Marshal's requlations have been complied with. Prior
to occupancy, the applicant shall obtain a new permit
for public amsembly from the Rancho Cucamonga Fire
Protection Dimtrict.
12)
Prior to any use of the project mite or business
activity being commenced thereon, all Conditions of
Approval shall be completed to the satisfaction of
the City Planner.
13}
If the operation of the business createm law
enforcement and/or fire safety problems such as, but
not limited to, loitering and disturbances after
hours, overcrowding and blocked fire exits, etc.,
this Entertainment Permit shall be brought before the
Planning Commission for modification and/or
consideration of revocation.
14)
If valet parking is to be provided, a site plan
showing the area set aside for valet parking ~hall be
submitted for City Planner review end approval prior
to occupancy of the building and commencement of use.
5. The Secretary to this Commission shall certify to the adoption
of this Resolution.
PLANNING COMMISSION RESOLUTION NO.
EP 91-{)4 - MIKE SIMS
December 17, 1991
Page 5
91-190
APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 1991.
PLANNING CO~ISSION OF THE CITY OF RANCHO CUCAMONGA
BY: ·
ATTESTed 11e~
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 17th day of December 1991, by the following vote-to-wit:
AYES: COMMISSIOHERS=
CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
DATE:
TO:
FROM:
BY:
SUBJECT::
CITY OF RANCHO CUCAMONGA
September 8, 1993 STAFF REPORT
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Steven Ross, Assistant Planner
ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 15526 - LEWIS - A
residential subdivision and design review for 57 single family
homes on 7.86 acres of land in the Low Medium Residential District
(4-8 dwelling units per acre) in the Terra Vista Planned Community,
located at the southwest corner of Mountain View Drive and Milliken
Avenue - APN: 1077-091-36. Related File: Minor Exception 93-09.
PROJECT AND SITE DESCRIPTION:
Action Requested by the Applicant: Approval of the Tentative Tract Map,
conceptual site, landscape, and grading plans, and building elevations for
57 single family homes, and issuance of a Negative Declaration.
B. Project Density: 7.3 dwellings per net acre.
Surrounding Land Use and Zoning:
North - Single Family Residential; Low-Medium Residential (4-8 dwelling
units per acre) within the Terra Vista Planned Community.
South - Park and Apartments; Park and Medium-High Residential (14-24
dwelling units per acre) within the Terra Vista Planned
Community.
East - Apartments; Medium Residential (4-14 dwelling units per acre)
within the Terra Vista Planned Community.
West - Single Family Residential; Low-Medium Residential (4-8 dwelling
units per acre) with the Terra Vista Planned Community.
General Plan Designations:
Project Site - Medium Residential (8-14 dwelling units per acre)
Nor~ - Medium Residential (8-14 dwelling units per acre)
South - Medi%lm Residential (8-14 dwelling units per acre)
East - Medium Residential (8-14 dwelling units per acre)
West - Medium Residential (8-14 dwelling units per acre)
E. Site Characteristics: The site is located on part of a former vineyard
and is void of any significant landforms.
ANALYSIS:
Background: A 118 unit condominium project was approved for the site in
1990; however, changes in the housing market have caused the applicant to
abandon the original proposal in favor of the same zero lot line housing
pro~ct which is being constructed in Tract 14365 to the west.
Iu'P_~4 B
PLANNING CO~4ISSION STAFF REPORT
TT 15526 - LEWIS
September 8, 1993
Page 2
Be
De
General: The applicant is proposing to construct 57 single family homes
on lots which range from 3,500 to 7,010 square feet in size. The average
lot size is 4,183 square feet. Three floor plans, each with three
elevations, are proposed for plotting on the lots. The houses range from
1,615 to 1,815 square feet in size. The proposed homes are identical to
the 41 houses being constructed in Tract 14365, located i~nediately west
of the project site.
The applicant has applied for Minor Exception 93-09, to allow wall heights
over 6 feet high but less than 8 feet high, at various locations
throughout the tract. Most of the excess wall height is a result of
numerous retaining conditions throughout the tract, and is common to
single family projects in Terra Vista. The City Planner will approve the
request in conjunction with the approval of the tract.
Design Review Committee: On August 3, 1993, the Committee (Melcher,
Tolstoy, Coleman) reviewed the project and reco~nended approval to the
Planning Commission subject to staff's review and approval of the
following items:
The courtyard wall and privacy wall behind it should both have similar
design features. The courtyard wall should be limited to a maximum
height of 3 feet 6 inches.
The belly band should stop no more than 6 inches above finished
grade. The remaining area between the belly band and finished grade
should be painted to match.
After the July 22, 1993, Design Review meeting, the applicant learned that
Lot A, the proposed connection to the West Greenway Corridor, would not
receive park credit. The applicant then proposed to delete the
connection. The proposal was reviewed by the Committee (Melcher,
Vallette, Coleman) on August 31, 1993, and received a favorable
recommendation because the Greenway Corridor could still be reached by way
of the sidewalk on Milliken Avenue. The Committee also noted that
deletion of the connection resulted in greater side yards for the lots
along the southerly tract boundary, adjacent to the West Greenway Corridor
(see Exhibit "D-2").
These comments have been included as Conditions of Approval in the
attached Resolution of Approval.
Technical Review Committee: The Technical Review Committee met on August
4, 1993, and determined that the project is consistent with all standards
and ordinances, and therefore, recommended approval.
Environmental Assessment: Part I of the Initial Study has been completed
by the applicant. Staff has completed Part II of the Environmental
Checklist and determined that the project will not significantly impact
the environment. However, an acoustical report was required to assess the
noise generated on Millike~ Avenue. The report reco~ended the
PLAN/qING CO~4ISSION STAFF REPORT
TT 15526 - LEWIS
September 8, 1993
Page 3
construction of a solid wall along Milliken Avenue to reduce the noise
level in the private open areas and special glazing in the second story
windows of those units along Milliken Avenue. A final acoustical analysis
will be required prior to the issuance of building permits to verify that
these measures have been incorporated into the design of the project.
FACTS FOR FINDINGS: This project is consistent with the Terra Vista Planned
Community and the General Plan. The project will not be detrimental to
adjacent properties or cause significant environmental impacts. In addition,
the proposed use, together with the reco~unended Conditions of Approval, is in
conformance with the applicable provisions of the Terra Vista Planned
Cor~nunity, the Development Code and City Standards.
COP~RESPONDENCE: This item has been advertised in the Inland Valley Daily
Bulletin newspaper, the property was posted, and notices were sent to all
property owners within 300 feet of the project site.
Pd~CO~4ENDATION: Staff recommends that the Planing Commission approve this
project through adoption of the attached Resolution of Approval and issuance
of a mitigated Negative Declaration.
Brad Buller
City Planner
BB: SR: sp
Attachments:
Exhibit "A" -
Exhibit "B" -
Exhibit "C" -
Exhibit "D" -
Exhibit "E" -
Exhibit "F" -
Exhibit "G" -
Resolution of
Resolution of
Site Utilization Map
Tentative Tract Map
Conceptual Grading Plan
Detailed Site Plan
Conceptual Landscape Plan
Conceptual Yard Landscape Plan
Building Elevations
Approval for TT 15526
Approval for Design Review for TT 15526
·
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCMO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 15526, A SUBDIVISION CONSISTING OF 57 SINGLE
FAMILY LOTS ON 7.86 ACRES OF LAND IN THE LOW-MEDIUM
RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE
TERRA VISTA PLANNED COMMUNITY LOCATED AT THE SOUTHWEST
CORNER OF MOUNTAIN VIEW DRIVE AND MILLIKEN AVENUE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-091-36.
A. Recitals.
(i) Lewis Development Company has filed an application for the
approval of Tentative Tract Map No. 15526 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map
request is referred to as "the application."
(ii) On the 8th day of September 1993, 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.
(iii) 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 September 8, 1993, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The application applies to property bounded by Milliken
Avenue on the east, Mountain View Drive on the north, Tract 14365 to the west,
and the West Greenway Corridor to the south.
(b) The property to the north of the subject site is Single
Family Residential, the property to the south of the site consists of the West
Greenway Corridor, the property to the east is Milliken Avenue, and the
property to the west is Single Family Residential.
3. Eased 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:
PLANNING COMMISSION RESOLUTION NO.
TT 15526 - LEWIS
September 8, 1993
Page 2
(a) That the tentative tract is consistent with the General
Plan, Development Code, and the Terra vista Community Plan; and
(b) The design or
consistent with the General Plan,
Community Plan; and
improvements of the tentative tract is
Development Code, and the Terra Vista
(c) The site is physically suitable for the type of development
proposed; and
(d) The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to humans and wildlife
or their habitat; and
(e) The tentative tract is not likely to cause serious public
health problems; and
(f) The design of the tentative tract will not conflict with
any easement acquired by the public at large, now of record, for access
through or use of the property within the proposed subdivision.
4. Based upon the facts and information contained in the proposed
Negative Declaration, together with all written and oral reports included for
the environmental assessment for the application, the Planning Commission
finds that there is no substantial evidence that the project will have a
significant effect upon the environment and adopts a Negative Declaration
based upon the findings as follows:
(a) That the Negative Declaration has been prepared in
compliance with the California Environmental Quality Act of 1970, as amended,
and the State CEQA guidelines promulgated thereunder; that said Negative
Declaration and the Initial Study prepared therefore reflect the independent
judgment of the Planning Commission; and, further, this Commission has
reviewed and considered the information contained in said Negative Declaration
with regard to the application.
(b) 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.
PLANNING COMMISSION RESOLUTION NO.
TT 15526 - LEWIS
September 8, 1993
Page 3
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 attached Standard
Conditions, attached hereto and incorporated herein by this reference.
Planninq Division:
l)
The Tentative Tract Map, Site Plan, Grading Plan, and
Landscape Plan shall be revised to reflect the deletion of
the pedestrian connection as shown in Attachment "A."
2)
The City Planner shall approve Minor Exception 93-09
allowing wall height up to 7.5 feet high. The approval of
the Minor Exception shall run with the approval of this
Tentative Tract Map.
Enaineerinq Division:
1)
Revise the Milliken Avenue and Countryview Drive street
improvement plans to reflect the new street connections,
driveways, and sidewalks, as shown on the approved Grading
Plan.
2)
Extend a local public storm drain from the existing
terminus in the West Greenway Corridor through Lot "28" to
streets "A" and "D," as shown on the approved Grading Plan.
3)
Provide a minimum 12-foot wide public storm drain easement
across Lot "28." Widen the side yard of Lot "28" as needed
and/or provide extra depth footings for the adjacent
structures, to accommodate a repair trench for the deep
storm drain, to the satisfaction of the City Engineer and
Building Official.
4)
The pedestrian connection to the West Greenway Corridor has
been deleted. Pre-existing sidewalk connections within the
corridor which are no longer needed shall be removed and
replaced with landscaping and irrigation to the
satisfaction of the City Engineer.
5)
The Developer shall obtain an encroachment permit to
install retaining walls in the West Greenway Corridor. The
existing irrigation system shall be relocated as needed and
any damaged landscaping replaced to the satisfaction of the
city Engineer. The Developer shall assume maintenance
responsibility for all altered landscape areas for a
minimum of 90 days after reconstruction before returning it
to City maintenance.
6)
Tubular steel fencing at the terminus of Corsica Court
shall be per City standards and approved by the City
Engineer.
PLANNING COMMISSION RESOLUTION NO.
TT 15526 - LEWIS
September 8, 1993
Page 4
7)
A non-refundable deposit shall be paid to the City covering
the estimated cost of operating all required street lights
during the first six months of operation, prior to final
map approval or the issuance of building permits, whichever
occurs first.
8)
The catch basins in the sump location in Street "A" on both
the north and south sides shall each be designed to receive
Q100 for the entire drainage area and shall each connect
independently to the main line. Provide an overflow
easement across the lot south of the sump location, with
provisions for overflows to pass through the encroaching
walls to the satisfaction of the City Engineer.
9) Lot "A" shall not be eligible for park credit.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, 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 8th day of Septeraber 1993, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES= COMMISSIONERS:
ABSENT:
COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
SUa ECT:
APPLICANT:
LOCATION:
Those items checked are Conditions of Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 98~-1861, FOR COMPLIANCE
WITH THE FOllOWING CONDrrlONS:
A. Time Umlt.
t//' 1. Approval shall expire, unless extended by the Planning Commission, it building permits are
not issued or approved use has not commenced within 24 months from the date of approval.
SC - 2/91
2. Development/Design Review shall be aplXOVed prior to / I _._/ /
3. Approval of Tentative Tract No. is granted subject to the approval of J /
4. The devaloper shall com~nsnoe, participate in, and consummate or sause to be commenced,
participated in,,or consummated, a Meito-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection Dist~tct 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 coml:~ton. The equipment sha, be seated by me District in
accordance with its needs. In any building of a station, the developer shall com131y with all
appiicabie laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation of the final map occurs.
o
Prior to recordation of the final map or the issuance of building permits, whichever comes
first,-the applicant shall consent to, or partioi13ate in, the establishment of a Melk>.Roos
Co~tmunity Facilities District for the conetruction and maintenance of necessary school
facilities. However, if any school district has previously established such a Community
Facilities District, the apgllcant shall, in the alternative, consent to the 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 parmits. whichever comes first. Further, it the affected school
district has not formed a Mello-Roos Community Facilities District within twelve months from
the date of apgroval of the project and prior to the racordation of the final map or issuance
of building permits for said project, this condition shall be deemed null and void.
I o~'12
/ /
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.
Prior to recordation of the final map or prior to 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 shell 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 issuance
of permits in the case of all other residential projects.
B. Site Development
The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exterior materials and colors, landscaping, sign
program, and grading on file in the Planning Division, the conditions contained herein,
Development Code regulations, and
Specific Plan and
Planned Community.
/ /
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 facility shall not commence until such time as all Uniform Building Code and/ /
State Fire Marshalrs 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 building shall be inspeoted for compliance prior to
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for City Planner review and approval I:wlor to issuance of building parrnits.
5. All site, grading, landscape, irrigation, and street imlxovement plans shall be coordinated for
consistency prior to issuance of any permits (su~ as grading. tree removal. encroachment,
building, etc.), or prio~r to final map approval in the case of a custom lot sulxlivision, or
approved use has ~commenced, wt~ichaver comes first.
Approval of this-request shall not waive compaance with all sections of the Development
Code, all other applicable City Ordinances, and applicable Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
o
A detailed on-alte lighting plan shall be reviewed and approved by the City Planner and
Sheriff's Department (989-6611) p~tor to the issuance of building permits. Such plan shall
indicate style, illumination, location, height, and method of shielding so as not to adversely
_._/ /
8. If no centralized trash receptaclas are provided, all trash pick-up shall be for individual units
with all receptacles shielded from public view.
/ /
o
sc. 2/91
Trash receptacle(s) are required and shall meet City standards. The final design, locations,
and the humtar of trash receptacles shall be ~ to City Planner review and approval
prior to issuance of building parmits.
All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall
be located out of public view and adaduately screened through the use of a combination of
concrete or masonry walls, barming, an(t/or landscaping to the satisfaction of the City
Planner. ~=~
2of 12
1. Street names shall be submitted for City Planner review and approval in accordance with
the adopied Street Naming Policy prior to approval of the final map.
V/' 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 ol 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 Restrictions (CC&Rs) shall not prohibit the keeping of equine
animals where zoning requirements for the keeping ot said animals have been met. Individual
let owners in subdivisions shall have the opllen 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 Restrictions (CC&Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval ot the Planning and Engineering
Divisions and the City Attorney. They shall be recorded cogtcurrently with the Final Map or
prior to the issuance of building permits, wnichever occurs first. A racorded copy shall be
provided to the City Engineer.
16.
All perkways, open areas, and landscaping shall be pemmnently maintained by the property
owner, homeowners' assoclalion, or other means acceptalOe 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 subcllvision which shall be recoiled concur~'ently w#h the recordation ol the final map or
issuance of permits, w~icbever oornes first. The easements shall prohibit the casting of
shadows by vegetatio~ structures, fixtures or any other of:~act, oxcapl Ior utility wires and
similar ol~ects, pursu'a~ to Development ~ Section 17.08.060-G-2.
18. The pro~ contains a designated Historical Landmark. The site shall be developed and
maintained in accordance with the Historic La~ Alteration Permit No.
· Any fu~lher 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, reiocation, 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. Bull~llng Design
sc- 2/91
An aifemative 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
time ot initial deveioprnaht shall be supplemented with ~oi~r beating. Details shall be
included in tha building plans and shall be sul~'nitted for City Planner review and approval
prior to lha issuance of building permits.
All dwellings shall have the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment sul~ect to City Planner
review and approval prior to issuance ot building permits.
/ /
/ /
/ /
__/ /
/ /
/ /
/ /
/ /_
Standard patio cover plans for use by the Homeowners' Association shall be submitted 1or
City Planner and Building Official review and approval prior to issuance of building permits.
All roof ap~rtenances, 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 ACCeM (Indicate detaiL1 on building planl)
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).
Textured pedestrian pathways and textured pavement across circulation aisles shall be
provided throogho ut the development to connect dwellings/units/buildings with open spaces/
plazas/reomational uses.
o
All parking spaces shall be double striped par City standards and all driveway aisles,
entrances, and exits shall be striped par City standards.
All units shall be provided with garage door openers if driveways are lass than 18 feet in
depth from back of sidewalk.
The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles
on this site unless they are the principal source of tran~3ortation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
Plans for any security gates shall be subnlitted for the City Planner, City Engineer, and
Rantrio Cucamonga Fire Profaction District review and approval prior to issuance of building
parmits.
E. Landscaping (for publicly malntalnacl landecN~e areas, reform Section N.)
b/ 1. Adatailedlandsca13e ..aOclirrigationplan, including sk~pe planting and model home landscap-
ing in the case of reskfontlal development, stmJl be prepared by a licensed landscape
arcMect and submittedfor City Planner raylaw and a0pmval pdorto theissuanceof building
permits or prior final map approval in the case of a cu~'"tom lot sulxlivision.
Existing trees required to be preserved in place shall be pfi:)tsoted with a construction barrier
in acco rdance with the Mu nicipal Code Section 19.08.110, and so noted on the grading plans.
The location of those trees to be preserved in place and now locations for transplanted trees
shall be shown on the detailed larldsoape plans. The al:q)licant shall follow all of the artx)rist's
recommendations regarding preservation, transplanting and trimming methods.
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, % - 1S-gallon, and % - 5 gallon.
A minimum of % of tress planted within the project shall be specimen size trees-
24-inch box or larger.
Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three
parking stalls, sufficient to Shade 50% of the parking area at solar noon on August 21.
P~ ~o.T~'
~q~icuoa D~e:
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SC-2/91
4 of' 12
6. Trees shall be plante<= ,n areas of public view adjacent to and along structures at a rate of one
tree per 30 linear feet of building. / /..
7. AIIprivateslopebanksSfeetorlesslnverticalheightandofS:1 orgmaterslope, butlessthan / /.
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 siopes in excess of 5 feet, butlessthan8feet inverticalheightando12:1orgreater / /
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. It. of slope area, 1 -gallon or larger
size shrub per each 100 sq. It. 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 permanent irrigation system to be installed by the developer prior to
~'" 9. For single family residential development, all slope planting and irrigation shall be continu- __./ /
ously maintained in a healthy and thriving condition by the developer until each individual unit
is sold and occupied bythe buyer. Prior to releasing occupancy for those units, an inspection
shall be conducted by the Planning Division to determine that they are in satisfactory
10. For muitHamily residential and non-residentiai development, propeW owners are respen- / /
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 kep~ free from
weeds and debris and meintained 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.
V/ 11. Front yard landscaping shall
~a,l I:~ required per the Development Code and/or ~ / /
V~l'/r ~,/1~ I¥~' ~'~,/~/ . This requirement shall be in addition to the required
street trees and slope planting.
V'//'12. The tinal design of the perimeter part<ways, walls, landacaping, and sidewalks shall be __J /
included in the requll=lKI M plans and shall be lubjact to City Planner review and
approval and coordinated for (~istency wilh any parkway landscaping plan which may be
required by the Engineering Division.
v'"'" 13~specia~laridacapefoaturessuchasrn~unding~ailuviainX~k~spec~mensizetrees~meander- ---/ /
ing side.w,~,l~ (with ~orizontai ofmnge), and intensified landscaping, is required along
M
t~//14. Landscaping and in'igation eystems required to be instailed within the public right-of-wayon .. / /
the perimeter of this project area shall be co~inuously maintained by the developer.
V//15. All walls shall be provicled 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 sulxnttted for City Planner review and
approvai prior to issuance of building permits. ~ criteha shall encourage ~ natural
V~17 growth cl~aracteristics of the selected tree species.
· Landscaping and irrigation shall be designed to consewe water through the pdncipies of
Xeriscape as defined in Chapter 19.16 of the Ranctto Cucamonga Municipal Code.
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sc-2/91
5 of t2
F. Slgna
The ,signs indicated on the subrallied 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 U nilarm Sign Program for this development shall be submitted for City Planner review and
approval pdor to issuance of building parmits.
Directory monument sign(s) shall be provided for apartment, condominium, or townhomes
prior to occupancy and shell require separate application and approval by the Planning
Division prior to issuance of building parmits.
G. Environmental
The developer shall provide each prospective buyer written cotice of the Fourth Street Roct<
Crusher project in a standard tomtat as determined by the City Planner, prior to accepting a
cash deposit on any property.
The developer shall provide each prospective buyer written notice of the City Adopted
Special Studies Zone for the Red Hill Fault, in a starxlard format as determined by the City
Planner, prior to accepting a cash deposit on any property.
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.
A final acoustical report shall be submitted for City Planner review and approval prior to the
issuance of building parmits. The final report shall discuss the level of interior noise
attenuation to below 45 CNEL, the building materials and construction tochniques 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.
H. Other Agencies
V"' 1. Emergeficyseconda~'acceseshellbeprovldedinaccordancewithRanchoCucamongaFire
Protection District Standards.
&,"" 2. Emergencyaccassshellbeprovlded, mainfanancelreeandclear, a minimumof26Ieetwide
at all times during construction in a__~_rdanco with Rancho Cucamonga Fire Protection
District requirements.
Prior to issuance of building permits for combustible construction, evidence shell be
submitted to the Rancho Cucamonga Fire Pr~ection District that temporary water supply for
fire protection is available, pending completion of required fire protection system.
The applicant shall contact the U.S. Postal Service to determina the appropriate type and
location of mail boxes. Muiti-famity residenfial developments shall provide a solid overhead
structure for mail boxes with adequate lighting. The final location of the mall boxes and the
design of the overhead structure shall be subject to City Planner review and approval prior
to lhe issuance of building permits.
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SC - 2/91
For projects using septic tank facilities, written certification of m3cepMbil~, including all
supportive information, shell be oblained from the San Bernardino County Department of
Environmental Health and submitted to the Building Official 13ior to the issuance of Septic
Tank Permits, and prior to issuance of buildi~permits.
6 of 12
/ /___
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
~'~"'1. The applicant shall comply with the latest aclopted Uniform Buikling Code, Uniform Mechani-
cat 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 Bulkling and Safety Division for copies of the Code Adoption Ordinance and
applicable hanciouts.
~2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition
toexistingunlt(s),the applicant af~allpeydevelopment fees at the estab#shed rate. Such fees
may include, but are not limited to: City Besutifioation Fee, Park Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of building permits for a naw commarciel or inclustrlaf development or
addition to an existing development, the applicant shall pay developrnent fees at the
established rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
~/4. Street addresses shall be provided bythe Building Official, al~er tract/parcel map recordation
and p~or to issuance of buikling permits.
J. Existing Structum~
SC-2/91
Provide compliance with the Uniform Buikling Code for the property line clearances
considering use, area, and fire-reeislivenass of existing buildings.
Existing buildings sl~11 be made to'comply wifh correct building and zoning regumions for
the intendecl use or the building shall be demolished.
Existing sewage disposal facilities shall be removed, filled and/or capped to cornply with the
Uniform Plumbing Code and Uniform Building Code.
Underground on-si~e*l~tUities are to be located and shown on building plans submitted for
building permit application.
Grading of the subiec~ property shall be in accordance with the Uniform Building Code, City
Grading Standards, and acoeiXed grading practices. The final grading plan shall be in
substantial conformance w#h the approved grading plan.
2. A soils report shall be prepared by a qualified engineer ltcar-,,~<l by the State of Calitomia to
3. The development is located within the soil erosion control boundaries; a Soil Distmtmnce
Permit is re<Nired. Please contact San Bernarclino Courtly Department of Agriculture at (714)
387-2111 for permit KopNcatton. Documentation of such petra# shall be submittad tothe City
prior to the issuance of rough grading permit.
4. A geological report shall be prepared by a qualified engineer or geologist and submitted at
the time of application for grading plan check.
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701'12
5. Thefina~gradingptanssha~becomp~etadandappn3vedp~iort~issuan~e~fbuildingpermits~ ---/
6. As a custom-lit sutx:livision, the following requirements shall be met:
a. Surety shall be posted and an agreement executed guaranteeing completion el all on-site
~lrainage facilities necessary for dewatering all parcels to the satisfaction of the Building
and Safely Division prior to linal map alx)roval and prior to the issuance of grading permits.
b. Appropriate easements for sate disposal of drainage water that are conducted onto
or over edjacent parcels, are to be delineated and racorc~:l to the satisfaction of the
Building and Safety Division prlir to issuance of grading and building permits.
c. On-sile drainage irrkorovements, necessary for dewatering and protecting the sutx:livided
propetites, are to be installed pdor to issuance of building permits for construction upon
any ;)arcel that may be sul:)jact to drainage flows entering, leaving, or within a parcel
relative to which a building permit is requested.
do
Final grading plans for each parcel are to be submitted to the Building and Safety
Division for aporoval 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 shah be seeded with native grasses
or planted with ground cover for erosion control upon complstion of grading or Some other
aitemative method of erosion control shall be completed to the satisfaction of the Building
Official. In addition a permanent irrigation system shah be provided. This requirement
does not release the al~icant/develdper from compliance with the sioDe planting
requirements of Section 17.08.040 1 of the Development Code.
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APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714) ~ee.1~62, FOR COMPLIANCE
ITH THE FOLLOWING CONDITIONS:
L.. Dedication anti Vehicular AcceM
V/ 1. Rights-of-way and easements shell be dedicated to the City for all interior public streets,
community trails, public pareos, public la~ areas, street trees, and public drainage
facilities as shown on the plans and/or tentative map. I:~'ivate easements for non-public
facilities (c,-~,ss-lot drainage, local fee¢ler Iralie, etc.) ~ be reserved as shown on the plans
aria/or tentative map.
2. Dedication shall be ~ Of the following rights.of-way on the perimeter streets
(measured from street centerline):
/ /
total feet on
total feet on
total feet on
3. An irrevocable offer Of declication for -foot wide madway easement shall be maOe ---/ /
for all private streets or drives.
~/' 4. Non-vehicular acoess shall be ciedicated to the City for the following streets: / /__
~C-2/9l
Private drainage easements for cross-lot drainage shall t~e provided and shall be delineated
or noted on the final map. / /
The final map shall clearly delineate a 10-foot minimum building restriction area on the
neight~odng lot adjoining the zero lot line wall and contain the following language:
'l/We hereby decl~,ste to the City o! Rancho Cucamonga the rfght to prohibit the
construction of (residential) buildings (or other structures) within those areas designate~
on the map as tJuiiding 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 shell be quitclaimed or delineated on
the final map.
9. Easements for public sidewalks and/or street trees placed outside Ihe public right-of-way
shell be dedicated to the City wherever they encroach onto private property.
10. Additional street right-of-way shall be dedicated along right turn lenas, to prov~ a minimum
of 7 feat rneasurad from the face of curbs. ff cure adiacent si tawelk is used along the right
turn lane, a parallel street tree maintenance easement shall be ptovk~Kt.
11. The developer shell make a good faith e#od to acquire the recNir~l off-site i~ol~ny interests
necessary to conatruct the required I:X~blic imp~vernonts, and # he/she shoul~l fail to do so,
the Cleve10~r shall, at least 120 clays prior to sul~mittal of the final ~ for al:~roval, enter
into an agreement to com~iete the irnprovements I~Jrsuant to Government Code Section
66462 at Such time as the C~ acquires the prol~ interests reduired for the improvements.
Such agreement shall provide for payment by the d~vllol~r of all costs incurred by the City
to acquire the off-site I:~ol~rty interests required in connection with the sul~livision. Secud~
for a portion of these costs shall be in the form of a cash del oslt in the amount given in an
al~raisal reporl oblained by the develol~r, at ;ievalo~r'$ cost. The al:q;xalser shall have
been al:~lXOVed by the City prior to commencement of the al:~raisal.
M. Street Impmvementl
V/ 1. All Ix~ic iml~'ovement$ (Ihtedor streets, ;Iralnage facilities, ~~ trails, ~s,
~~ am~. ~c.) ~ ~ ~ ~ ~r t~m~ ~ ~ ~ ~m~ to
C~y S~. linear ~rW i~e~l ~ ~, ~ am ~t ~ ~, ~m a~
~er, AC ~m, ~ ~, ~, ~ ~, ~ ~mM tm~.
2. A mir~mum of 26- foot wi~ payment, within a 40 -foof wire esdlr, ated alga-of-way shall be
constructed for all hall-se~tion streets.
3. Construct the folowing I~'lm~er street improvements including, ~ not limited to:
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S'TREE"I' NAI~: CURB & &C. ;~D~; DRIt~ ~ ~
OUl'IT, R ~ WAlK A,=PR. UOH'l~ TRF.~8
t41 Ill h e c. v/
col~i. biI~DL~ OTHER
TRNL ISLAND
v/
Notes: (a) Median island includes landscaping and imgation on meter. (b) Pavemen!
reconstruction and overlays will be cleterminnd during plan check. (c) If so marked, side-
walk shall be curvilinear per STD. 304. (el) If so marked, an in. lieu of construction fee shall
4. ir,.,~rovement plans and construction:
ao
Street improvement plans including street trees and street lights, prepared by a regis-
tered Civil Engineer, shall be submllted to and approved by the City Engineer. Security
shall be posted and an agreement executed to the set.action of the City Engineer and
lhe City Altomey guaranteeing completion of the pub#c and/or private street improve-
ments, prior to final map approval orthe issuance of building pen'nits, whiohever occurs
first.
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Prior to any work being berlorTned in public right.of-way, fees shall be paid and a
construction permit shall be obtained from the City Engineef'$ Office in addition to any
othar permits required.
Pavement striping, marking, traffic. street name signing, and interconnect condull
shall be installed to the satisfaction of the City ~f.
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Signalconduit with pullboxes shall be inllalled on any new constructionor reconstruction _._/
of major, secondary or collector streets whicl~ 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 aPl~ved by the City Engineer.
Notes:
(1) All pull boxes shall be No, 6 unless othanvlee specif~ by the City Engineer.
(2) Conduit shall be 3-inch galvanized steel with pullrope.
Wheel clair raml:~ shalt bo installed on all lout cornera of inlorsection~ I:mr City
Sandares or as directed by the City Engineer.
f. Exisling City roads nKluiring construction ~l~ll remain ~ to t,a;ic at all times with .~/
adequate dinours ~urmg conmmcaon. A mrem cmum berma may be required. A cash
refunded upon COlTq3Mtion of ~1o gofistruclJofi to ~ 8aIMIICIIOn of It~ City Enginoer.
g. Concei~.iied clrlinage liones shall not c~ols sidewalk. Under sJbewalk clrains shall be ~
installed to City Standmas, excetX for single family lots.
I~. Handi:ap acce.~ ran~ design sha, be u specified t)y the City Engineer.
i. Sireel namee shall be approved by the C~ Planne~ iMor to submlltal for first ptan check. ~ ,
5. Street impa~nenl plans per City Stan¢lan~ for all perale streets shall be provided lor
review and aPlxovai by the City Engineer. Prior to any wo~ being perlotmed on the pri.
vate streets, fees she~ ~ pak~ an~ construction pemd8 stml be c4)t~nocl from the C~/
Engineer'$ Office in addition to any other permits
__ 6. Street trees. a minin~m of 1S-gallon size or larger. shall be installed per City Slanclar~s in __/
acoomance with the City's street tree I:,'ogram.
2/91 IOof 12
7. Intersection line of site clesigns shall I:)e reviewed by the City Engineer for conformance wrth =
aclopted policy.
a. On collector or larger streets. lines of sigl~ shall be ptot~m:l for all project intersections,
inoluding driveways. Walls, signs, and slopes shell be located outside the lines of sight.
Landscaping and other obstructions within the lines of sight shell be approved by the City
Engineer.
13. Local residential street intersections shell have their noticeability improved, usually by
moving the 2 +/. closest street trees on each sicJe away from the street and placed in a street
tree easement.
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8. A permit shell be olXained from CALTRANS for any wo~ within the following right-of-way: / /
9. All publlo improvements on the following streets shell be operationally complete prior to the
issuance of building permits:
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N. Pul~11c Maintenance Art~l
V/' 1. A separate set of landscape and Irrigation plans per Engineering Public Works Starxlards
shall be submitted to the City Engineer for review and apl~ovel pdor to final map approval
or issuance of building permits, whichever occurs firit. The following landscape pe~kways,
meclians, peSeos, easements, trails, or other am~s are require(I to be annexed into the
2. A s~ne~ consent atto waiver ~om~ to Io0n and/orvorm the al~:~te Landscape and Lighting~'-~' / __
Districts shall be filed with the City Engineer p~orto final ~ aplxovalor issuance of building
permits whichever occurs first. Formation colts shell be home by the developer.
V'/' 3. AIIrequireCll=ul~iiclandacapingandirfigationsyllem$ Ihallbeconllnuo~Jsly .maintalned by the / ,
clevefoper until _ao~__pt~ by ~e City.
~ 4. Park~vay landscaping on the !oilowing street(s) sl~11 ~o~orm to the renuits of the respective
Beautitication Mallet Plan:
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O. Drainage an~l Flmxl C~nlml
1. The project (or I~rlfone thereof) is Iocat~l within a Flood Hazarcl Zone; therefore. riooct
protection mea,ures shall be ixovi~,<l a. ce~iti~cl by a tegillet~l Civil Engineer and
ammv Engln r.
2. It shall be the developer's r~a~:mrm~lity to have the cun'et~ FIRM Zone
~s~nm~n ~ f~ t~ ~ area. ~ ~es ~ ~1 ~e aft
n~essa~ ~, ~, ~ h~l~g~~ ~~. A ~~ Le~er
of M~ ReHs~n (CL~R) s~ ~ ~i~ ~m FEMA ~ ~ f~ ~ ~al or
~sua~ ~ ~i~ ~s, ~r ~m ~. A LI~ M~ R~ (L~R) ~all
~ im~ by FEMA ~ ~ ~ ~ ~e~ ~a~, ~et ~m first.
~ 3. A fi~l drai~ llu~ s~U ~ ~ to a~ ~v~ ~ ~ C~ E~i~r ~r to final
m~ ~v~ or t~ ~a~ of ~ ~ts, writer ~m timt. NI dmi~ge
facilities shall be installed as required by the City Engineer.
2/91 11 or 12
4. A permit from the County Flood Control District is required for work within its r~gnt-ol-way.
V~ 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.
V~ 6. ubllc'~ ~,:,, ~l'~aa'lAeasements shal~C'Oe graded to convey overflows in the event of a
blookage 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, electric power, telephone, and cable TV (all underground) in accordance with the Utility
Standards. Easements shall be provided as required.
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V~ 2. The developer shall be responsible for the relocation of existing utilities as necessary. / /
V~' 3. Water and sewer plans shall be designed and constructed to meet the requirements of the / /
Cucamenga County Water District (CCWD), Rancho Cucamenga 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 ap13roval or issuance of parmits,
whichever occurs first.
Q. General Reclulrementa and Appmvala
1. The separate parcels contained within the project boundaries shall be legally combined into '~/ /
one parcel prior to issuance of building parmits.
2. An easement for a joint use d~veway shall be provided prior to final map approval or / /
issuance of building permits, whichever cocurs flint, for:
3. Prior to ap13roval of the final map a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Aasassment District
among the newly created parcels.
4. Eftwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan
Drainage Fees shall be paid prior to final map apl:m~val or p~or to building permit issuance if
no map is involved.
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5. Permits shall be o~ainad from the following agencies lot wo~ wilttin their right-of-way: .~ /
6. A signed con~ent and waiver lon~ to join and/or form the Law Enforcement Community
Facilitie~ District shall be filed with the City Engineer IXior to final map apl:xovai or the
issuance of building parmits, whichever _oc~__,~ flint. Formation costs shall be home by the
Developer.
Prior tO finalization of any develapment p~ase, sufficient improvement plans shall be corn-
plated beyond the I~aSe boundaries to assure secondary access and drainage protection to
the satisfaction of the City Engineer. Phase beundahes shall co~eapond to lot lines shown
on tha apl:)~oved tentative map.
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2/91 12of 12
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DESIGN
REVIEW FOR TRACT NO. 15526, THE DESIGN REVIEW OF
BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR A
TENTATIVE TRACT MAP CONSISTING OF 57 SINGLE FAMILY HOMES
ON 7.86 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL
DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE TERRA
VISTA PLANED COMMUNITY, LOCATED AT THE SOUTHWEST CORNER
OF MOUNTAIN VIEW DRIVE AND MILLIKEN AVENUE AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077-091-36.
A. Recitals.
(i) Lewis Development Company has filed an application for the
Design Review of Tract No. 15526 as described in the title of this
Resolution. Hereinafter, the subject Design Review request is referred to as
"the application."
(ii) On September 8, 1993, the Planning Commission of the City of
Rancho Cucamonga held a meeting to consider the application.
(iii) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced meeting on September 8, 1993, including written
and oral staff reports, this Commission hereby specifically finds as follows:
(a) That the proposed project is consistent with the
objectives of the General Plan; and
(b) That the proposed design is in accord with the objectives
of the Development Code and the Terra Vista Community Plan, and the purposes
of the district in which the site is located; and
(c) That the proposed design is in compliance with each of the
applicable provisions of the Development Code and the Terra Vista Community
Plan; and
(d) That the proposed design, 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.
PLANNING COMMISSION RESOLUTION NO.
DR FOR TT 15526 - LEWIS
September 8, 1993
Page 2
3. Based upon the findings and conclusions set forth in Paragraphs
i and 2 above, this Commission hereby approves the application subject to each
and every condition set forth below and in the attached Standard Conditions,
attached hereto and incorporated herein by this reference.
Plannina Division:
1)
The final design of the courtyard wall and privacy wall
shall be subject to review and approval of the City
Planner. The walls shall have a similar design, and the
maximum height of the courtyard wall shall not exceed
3 feet 6 inches.
2)
The belly bands shall stop no more than 6 inches above
grade, and the area between the belly band and finished
grade shall be painted to match the belly bands, subject
to City Planner review and approval.
3)
Dual glazing shall be provided for all windows to mitigate
noise from adjacent properties, and all windows on the
zero lot line side shall be fixed.
4. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, 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 Co~aission held
on the 8th day of September 1993, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT:
COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #:
SUBJECT:
APPLICANT:
LOCATION: '.~Ou7'~,~/- CoZ~uP__.A. O~c
Those items checked are Conditions of Approval.
Tr ^cr-
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Llmltl
l~1. Approval shell expire, unless extended by the Planning Commission, it building permits are ---/ /
not issued or approved use has not commenced within 24 months from the date of al:~roval.
2. Deveiopment/Design Review shall be approved prior to I /
3. Approval of Tentative Tract No.
is granted subject to the approval of
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4. The deveioper shell commence, participate in, and consummate or cause to be commenced, / /
participated in, or consummated, a Melio-Roos Community Facilities District (CFD} for the
Rancho Cucamonga Fire Prolscfion 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 specitications of the Rancho Cucamonga Fire Protection District, and shall become the
District's property upon completion. The equipment shall be selactsd by the District in
accordance with its naede. In any building of a station, the deveioper shall comply with all
applicable laws and regulations. The CFD shell be formed by the District and the developer
by the time recordation of the final map _oc~__,re.
Prior to recordation of the final ~ or the issuance of building permits, whichever comes
first. the applicant shall consent to, or participate in, the establishment of a Melto-Roos
Community Facilities Distdct for the construction and maintenance of naceasary 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 rscord~ion of the final map
or the issuance of building permits, whichever comes first. Further, it the affected school
district has not formed a Mello-Roos Community Facilities District within twelve months from
the date of al~roval of the project ~ prior to the rscordation of the final map or issuance
of building permits for said project, this condition shall be deerned null and void.
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SC - 2/9! !
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 sc1',3ol
impacts as a result of this project.
6o
Prior to recordation of the final map or prior to 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 lhe
Department of Community Development. Such letter must have been issued by the water
district within 90 days prior to final map approval inthe casa of subdivision or prior to 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 matehals 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.
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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 ot the City Planner.
3. ~ccupancy~fthefaci~itysha~~notc~mmenceunti~such~imeasal~Unif~mtBui~c~ingc~cleand __./ /
State Fire Marshall's 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 building 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 issuance of building permits.
~
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (sucfi as grading, tree removal, encroachment,
building, etc.), or prior to final map approval in the case ol a custom lot 'sulxlivision, or
approved use has commenced, whichever comes first.
Approval of this request shall not waive com~lianco with all sections of the Development
Code, all other al:~icabla City Ofclinancas, and rFplic-'-.'3 Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
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A detailed on-site lighting plan shall be reviewed and approvad by the City Planner and
Sheriff's Department (989-6611) prior to the Issuance of building permits. Such plan shall
indicate style, illumination, location, height, and mathod of shielding so as not to adversely
affect adjacent properlies.
8. If no centralized trash racelXaclas are provided, all trash pick-up shall be tor individual units
with all receptacles shielded from public view.
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Trash receptacle(s) are required and shall meat Cily standards. The final design, locations,
and the number of trash racuplaclas shall be sut~act to C#y Planner review and approval
prior to issuance of building permits.
/ I
10. All ground-mounted utility appurtenances such as transiormers, AC condensers, etc., shall
be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, barming, and/or landscaping to the satisfaction of the City
Planner. ,~ ~ ~)
SC-2/91 2
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 nurr~3ers 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 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 Restrictions (CC&Rs) shall not prohibit the keeping of 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 beards of directors or homeowners' associations for amandmants to the
CC&Rs.
15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be re(x)rded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs lirst. A recorded copy shall be
provided to the City Engineer.
16. All pad<ways, open areas, and landscaping shall be permanently maintained by the property
owner, homeowners' association, or other means acceptable to the City. Proof ot 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 lit 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 subclivislin which shall be recorded concurrently with the recordatldn of the final map or
issuance of permits, whichever comes first. The easements shall 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 Landmarie The site shall be developed and
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further modifications to the site including, ~ not limited to, exterior alterations and/or
interior aiteratlins which affect the exterior of the buildings or structures, removal of landmark
trees, demolition, reiccatlin, reconstruction of buildings or structures, or changes to the site,
shalll require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
C. Building Design
S~-2/91
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 equiveleht capac~ and afficlancy. 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 'msuance of building permits.
All dwellings shall have the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment su~ect to City Planner
review and approval pdor to issuance ot building permits.
3
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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.
All roof appurtenances, including air conditioners and other tool 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 bulkling plans)
1. All parking iot landscape islands shell heve a minimum outside dimension of 6 feet and shall
contain a 12-inch walk adjacent to the parking stall (including curb).
Textured pedestrian pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwellinge/units/buildinge with open spaces/
plazas/recreational uses.
3. All perking spaces shall be double striped per City standards and all driveway aisles,
entrances, and exits shall be striped per City standards.
4. All units shall be provided with garage door openers ff driveways are less than 18 feet in
depth from becl( of sidewall<.
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 ames.
Plans for any security gates shell 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 arIII, reler to Section N.)
~'//1. A detailed landscape and irrigation plan, including siope planting and model home landscap-
ing in the case of residential developmerit, shall be prepared by a licensed landscape
architect and submitted for City Planner review and appmvai pdor to the issuance of building
permits or prior final map approval in the case of a custom lot subdivision.
Existing trees required to be preserved in place shall be protected with a construction barrier
in accordance with the Mu nicipal Code Section 19.08.110, and so noted on the grading plans.
The location of those trees to be presewed in ~ and new locations for transplanted trees
shall be shown on the detailed landscape plans. The applicant shall follow all of the aftx)rist's
recommendations regarding preservation, transplanting and trimming methods.
A minimum of trees per gross acre, comprised of the following sizes, shell be provided
within the project: % - 48- inch box or larger, % - 36- inch box or larger,
~ % - 24- inch box or larger, % - 15.gailon, and % - 5 gallon.'
4. A minimum of .% of trees planted within the project shall be specimen size trees -
24-inch box or larger.
__ 5. W'dhin parking lots, trees shell be planted at a rate of one 15-gulion tree for eve~/ three
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
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SC - 2/91 4
Trees shall be planted in areas of public view adjacent to and along structures at a rate of one
tree per 30 linear feet of building.
Complcao~
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v'/ 7. A~privates~pebanks5feet~r~essin~ertica~heightand~f5:1~rgreaters~pe~but~es~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.
v'/ 8. AIIprivatesiopasinexcessofSfeet, butlessthan8 feet inverticalheightandof2:1orgreater / /
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. It. 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-ga~ion 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
,/' 9. For single family residential development, all slope planting and irrigation shall be continu- ---/ /
ously maintained in a healthy and thriving condition by the developer until each individual unit
is sold and occupied bytha buyer. Prior to releasing occupancy for those units, an inspection
shall be conducted by Ihe Planning Division to determine that they are in satisfactory
10. For muiti-family msidehtial and non-rasidential devek~ment, proPeW owners are respen-
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
wee~s 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.
v'~ 11. Fronl yard landscaping shall be required per the Development Code and/or ~g'A~,~
¥F,T~ ~q"'~ ~'(,,AN . 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 sul~ to City Planner review and
approval and coordinated for consistency with any pa~way landscaping plan which may be
required by the Engineering Division.
13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander-
ing sidewalks (with hojtzontal c~ange), and intensified landscaping, is required along
/ 14. Landscaping and inigatidn systems required to be installed within tha public right-of-way on the parimeter of this project area sitall be continuously maintained by the developer.
J 15. All walls shall be provided with decorative treatment. It located in public maintenance areas, the design shall be coordinated ~ the Enginserlng Division.
16. Tree maintenance criteria shall be developed and subretired for City Planner raview and / /
approval prior to issuance of building Permits. These criteda shall encourage the natural
growth ct~aracteristics of the selected tree species.
~17. Landscaping and irrigation styall be designed to consewe water through the principles of / /
Xeriscape as defined in Chapler 19.16 of the Rancho Cucamonga Municipal Code.
SC - 2/91 5
F. Signs
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 pdor to issuance of building parmits.
Directory monument sign(s) shall be provided for apartment, condominium, or townhomes
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building parmits.
G. Environmental
v/ 4.
The developer shall provide each prospective buyer written notice of the Fourth Street Rock
Crasher project in a standard format as determined by the City Planner, prior to accepting a
cash deposit on any property.
The developer shall provide each prospective buyer written notice of the City Adopted
Special Studies Zone for the Red Hill Fault, in a starxlard format as determined by the City
Planner, prior to accepting a cash deposit on any property.
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.
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 balow 45 CNEL, the building materials and constnJction tachniquas provided,
and it 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.
H. Other Agencies
Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire
Protaction District Standards.
Emergency access shall be provided, maintenance free and clear, a minimum of 26 leet wide
at all times during construction in e__~_n:lance with Rancho Cucarnonga Fire Protection
District requirements.
J'/ 4.
Prior to issuance of building permits for combustible construction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for
fire protection is available, pending completion of required fire protection system.
The applicant shall contact the U.S. Postal Service to determine the appropriate type and
location of mail boxes. Multi-family residential cieveiopments shall provide a solid overhead
structure for mail boxes with adequate lighting. The final iccation of the mail boxas and the
design of the overhead structure shall be subject to City Planner review and approval prior
to the issuance of building permits.
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sc- 2/9 ]
o
For projects using seplic tank facilities, wrmen cenification of acceptability, including all
supportive information, shall be obtained from the San Bernardino County Department of
Environmental Health and submitted to the Building otr~clal prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
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APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
C-~3MPLIANCE WITH THE FOLLOWING CONDITIONS:
i. :~lte Development
1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani-
cal 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.
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, Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
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 ncl limited to: Systems 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
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K. Grading
Provide compliance with the Uniform Building Code for the property line clearances
considering use, area, and fire-resistiveness of existing buildings.
Existing buildings shall be made to comply with correct building and zoning regulations for
the intended use or the building shall be demolished.
Existing sewage disposal facilities shall be removed, fillad and/or capped to co,,,~iy with the
Uniform Plumbing Code and Uniform Building Code.
Undergmuncl on-site utilities are to be located and shown on building plans submitted for
building parrnit application.
Grading ol the subject property shall be in accordance with the Unitotto Building Code, City
Grading Standards, and accepted grading practices. The linal 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 Calitomia to ~
3. The development is located within the soil erosion control boundaries; a Soil Distm'oance
Permit is required. Please contact San Bernardino County Department of Agriculture at (714)
387-2111 for permit application. Documentation of such parmir shall be submitted to the City
prior to the issuance o! rough grading parmir.
4. A geological report shall be prepared by a qualified engineer or geologist and submitted at / .
the time of application for grading plan check.
5. The final grading plans shall be cornplated and a,oproved prior to issuance of building permits. /
2/9 ! 7
6. As a custom-lot subdivision, the following requirements shall be met:
a. Surely 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 Safely Division prior to final map approval and priorto the issuance of grading permits.
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 Safely Division prior to issuance of grading and building permits.
c. On-site drainage improvements, necessary for ciewatedng 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.
do
Final grading plans for each parcel are to be submitted to the Building and Safely
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 seedcol with native grasses
or planted with ground cover for erosion control upon cornpletion of grading or some other
altemative method of erosion control shall be comp~ed to the satisfaction of the Building
Official. In addition a permanent irrigation system shall be provided. This requirement
does not release the applicant/deveioper from compliance with the siope planting
requirements of Section 17.08.040 1 of the Deveicpment Code.
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APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714) 989-18~2, FOR COMPLIANCE
WITH THE FOLLOWING CONDI'riON$: ~E~ TE..I~T"RTI~/E TR. AC.T (..DI~biTI0kfS
L. Din:ligation and Vehicular Acce~
1. Rights-of-way and easements shell be dedicated to the City for all interior public streets,
community trails, public passos, public landscape areas, street trees, and public drainage
facilities as shown on the plans end/or tentative map. Privme easements for non-public
facilities (c,-oss-iot clrainage, 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
for all private streets or drives.
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-foot wide roadway easement shall be made _.J /
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4. Non-vehicular access shall be dedicated to the City for the following streets:
SC - 2/91
5. Reciprocal access easements shall be provided ensurtng access to all parcels by CC&Rs
or by deeds and shall be recomed conourmntly with the map or pddr to the issuance of
buiuing permit,, whe no ls voiv .
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September 8, 1993
Chairman and Members of Planning Commission 985
Rancho Cucamonga Planning Commission
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Re:
Environmental Assessment and Tentative Parcel Map No. 14457
Project No. 8812800.17
Ladies and Gentlemen:
Due to a scheduling conflict, I am unable to attend tonight's Planning Commission Meeting in
order to respond to any questions in regards to our request for a negative declaration in
issuance of a Tentative Parcel Map No. 14457. However, after reviewing the staff report,
staff recommendations, and conditions for approval, I find that we are in a position to accept
all recommendations and conditions for approval. We agree that since the required public
approvals will not be completed prior to approval of the final parcel map, an Improvement
Certificate shall be placed upon the final parcel map staling that all required public
improvements will be completed upon development for each parcel.
Approval of our request will allow the selective and independent development of each parcel
by the two separate entities involved with the current ownership. In conclusion, we kindly
request and support the staff recommendation for approval, and we hope that this letter will
compensate for my inability to attend tonight's meeting.
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LARR ~OLFF
an of the Board
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/LW:j/yw
,/8i2800x3.1tr
cc: Dan James, Senior Civil Engineer, City of Rancho Cucamonga
Dan Guerra, Principal, Civil Engineer, Derbish-Guerra & Associates, Inc.
Vlrcjlnxci Deere Tower
10470 FootPt:11 Boulevcx~cl Rc~nch. o Cucc~momTa Cc~h/ornlc~ 91730-3754
{909) 907-0909 Fclx (909) 980-99150
DATE:
TO:
FROM:
BY:
SUBJECT:
September 8, 1993
CITY OF RANCHO CUCAMONGA
STAFF REPORT
Chairman and Members of the Planning Commission
Dan James, Senior Civil Engineer
Betty A. Miller, Associate Engineer
ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14457 -
WOLFF/LANG/CHRISTOPHER - A subdivision of 2.48 acres of land into 2
parcAs in the General Industrt~ District, Subarea 8 of the
Industrial Specific Plan, located at the southeast corner of Arrow
Route and Utica Avenue - APN: 209-144-84. Staff recomends issuance
of a Negative Declaration.
PROJECT AND SITE DESCRIPTION:
A. Action Re§uested: Approval of the proposed Tentative Parcel Map as shown
on Exhibit "B"
B. Parcel Size: Parcel i 1.24 acres
Parcel 2 1.24 acres
Total 2.48 acres
Existing Zoning: General Industrial, Subarea 8, Industrial Specific Plan
Surrounding Land Use:
North - Existing Industrial
South - Vacant
East - Vacant
West - Vacant
E. Surrounding General Plan and Development Code Designations:
North - Industrial Park, Subarea 7 of Industri~ Specific ~an
South - General Industrial, Subarea 8 of Industrial Specific nan
East - General Industrt~, Subarea 8 of Industri~ Specific Plan
West - Industrial Park, Subarea 6 of Industrial Specific Plan
PLANNING COMMISSION STAFF REPORT
PARCEL MAP 14457 - Wol ff/Lang/Christopher
SEPTEMBER 8, 1993
PAGE 2
Site Characteristics: The site is vacant and ~opes to the south at two
percent. Perimeter street improvements al ready exist on both Arrow Route
and Utica Avenue, including drive approaches. There is a berm along the
south property line.
ANALYSIS: The purpose of this parc~ Map is to create two separate lots so the
two property owners can pursue separate developments. ~l proposed easements
and accesses are in conformance with previous maps approved on this site and
the two parcels can function independen~y.
ENVIRONMENTAL REVIEW: The applicant completed Part I of the Initial Study.
Staff conducted a field investigation and completed Part II of the Initial
Study. No adverse impacts upon the environment are anticipated as a result of
this project. Therefore, issuance of Negative Declaration is appropriate.
CORRESPONDENCE: Notices of Public Hearing have been sent to surrounding
property owners and placed in the Inland Valley Daily Bulletin. Posting at
the site has ~so been completed.
RECOMMENDATION: It is recommended that the R anning Commission consider all
input and elements of the Tentative Parc~ Map 14457. If after such
consideration, the Commission can recommend approval, then the adoption of the
attached Resolution and issuance of a Negative Declaration would be
appropriate.
Respectful 1 y submttted,
Senior Civil Engineer
DJ :BAM:dl w
Attachments:
Exhibit "A" - Vicinity Map
Exhibit "B" - Tentative Map
Resolution and Recommended Conditions of Approval
3RN3A~
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP NUMBER 14457, LOCATED AT THE
SOUTHEAST CORNER OF ARROW ROUTE AND UTICA AVENUE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-144-84.
WHEREAS, Tentative Parcel Map Number 14457, submitted by
Wolff/Lang/Christopher, applicant, for the purpose of subdividing into two
parcelsl, the real property situated in the City of Rancho Cucamonga, County of
San Bernardino, State of California, identified as APN 209-144-84, located at
the southeast corner of Arrow Route and Utica Avenue; and
WHEREAS, on September 8, 1993, the Planning Commission held a duly
advertised public hearing for the above-described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS
FOLLOWS:
SECTION 1: That the following findings have been made:
1. That the map is consistent with the General Plan.
2. That the improvement of the proposed subdivision is consistent
with the General Plan.
3. That the site is physically suitable for the proposed
development.
4. That the proposed subdivision and improvements will not cause
substantial environmental damage or public health problems or have adverse
effects on abutting properties.
SECTION 2: 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:
1. That the Negative Declaration has been prepared in compliance
with the California Environmental Quality Act of 1970, as amended, and the
State CEQA guidelines promulgated thereunder; that said Negative Declaration
and the Initial Study prepared therefore reflect the independent judgment of
the Planning Commission; and, further, this Commission has reviewed and
considered the information contained in said Negative Declaration with regard
to the application.
2. That, based upon the changes and alterations which have been
incorporated into the proposed project, no significant adverse environmental
effects will occur.
PLANNING COMMISSION RESOLUTION NO.
TENTATIVE PARCEL MAP 14457 - WOLFF/LANG/CHRISTOPHER
September 8, 1993
Page 2
3. 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.
SECTION 3: Tentative Parcel Map Number 14457 is hereby approved
subject to the attached Standard Conditions and the following Special
Conditions:
1. Provide a sewer easement through Parcel 1 to serve Parcel 2, to
the satisfaction of Cucamonga County Water District.
APPROVED AND ADOPTED THIS 8TR DAY OF SEPTEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTEST:
Brad Bullet, 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 8th day of September 1993, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
September 8, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Scott Murphy, Associate Planner
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-24 -
SOUTHERN CALIFORNIA EDISON COMPANY - A request to construct an
electrical substation in the Minimum Impact Heavy Industrial
designation (Subarea 9) of the Industrial Area Specific Plan,
located on the west side of Rochester Avenue, south of Arrow Route
- APN: 229-111-18.
PROJECT AND SITE DESCRIPTION:
Surrounding Land Use and Zoning:
North - Vacant; Industrial Area Specific Plan (ISP), General Industrial
South - Vacant; Industrial Area Specific Plan, Minimu/n Impact Heavy
Industrial
East - Manufacturing/Warehouse Buildings; Industrial Area Specific
Plan, General Industrial
West - Manufacturing/Warehouse Buildings; Industrial Area Specific
Plan, Minimum Impact Heavy Industrial
General Plan Designations:
Project Site - Heavy Industrial
North - General Industrial
South - Heavy Industrial
East - General Industrial
West Heavy Industrial
Site Characteristics: The area of the proposed substation is a vacant
portion at the southeast corner of the Schlosser Forge property. The area
is being used as a stockpile area for dirt and rock removed from other
portions of the site. The closest building to the proposed facility is
located 490 feet to the north.
ANALYSIS:
General: With recent approvals for expansion and plans for future
expansion, $chlosser Forge has found themselves in need of additional
electric power that can not be provided by existing electrical lines. As
a result, Schlosser Forge has been in discussion with Southern California
Edison (SCE) about constructing a substation on their site. Through these
discussions, a vacant portion of Schlosser Forge's property has been
selected for the substation location. The 35- by 72-foot enclosure is
proposed at the southeast corner of the property, 45 feet from Rochester
Avenue. The enclosure is designed with an 8-foot high chain link fence
and a 5-foot landscaped area around the enclosure. The setback area
between the enclosure and the Rochester Avenue curb is landscaped with
turf and street trees.
ITm~l D
PLANNING CO~4ISSION STAFF REPORT
CUP 93-24 - SOUTHE~ CALIFORNIA EDISON
September 8, 1993
Page 2
Design Review Committee: On August 31, 1993, the Design Review Co~nittee
(Melcher, Vallette, Coleman) reviewed the proposal and recommended
approval subject to the following conditions:
The north, south, and east sides of the enclosure should be
constructed out of a slump block to match the existing walls on-site.
The Oleander shrubs should be replaced with other large shrubs and
vines, acceptable to the City Planner, to discourage graffiti.
3. Mulch should be installed in the landscape area.
4. Small trees should be installed on the east side of the enclosure.
Technical Review Committee: In reviewing the application, the Co~ittee
noted that the construction of the substation will require the
installation of 66 KV lines from the corner of Arrow Route and Rochester
Avenue to the site. While the current undergrounding policy does not
address new 66 KV lines, staff believes every effort should be made to
make the new lines as unobtrusive as possible. Therefore, the Co~ittee
is recommending that, if the lines are to be installed overhead, the
poles to be used should be the "state-of-the-art" steel poles. The
Committee believes the steel poles are more aesthetically pleasing than
the traditional wood poles and the requirement of the steel poles is
consistent with the Planning Commission's efforts to upgrade the City at
every opportunity.
Environmental Assessment: In completing the Initial Study, staff has
determined that the application will not have a significant impact on the
environment. If the Planning Co~ission concurs, a Negative Declaration
should be issued for the project.
RECO~9~ENDATION: Staff recommends that the Planning Commission approve
Conditional Use Permit 93-24 through adoption of the attached Resolution of
Approval and issuance of a Negative Declaration.
Re~ully submitted,
City Planner
BB:SM:mlg
Attachments:
Exhibit "A" - Location Map
Exhibit "B" - Site Plan
Exhibit "C" - Plot Plan
Exhibit "D" - Elevations
Resolution of Approval
ARROW
ItOU~
EXIST
PA~K ING
EXISTING
DR IVEWAY
_+490 '
PROPOSED DIRT--~,
ACCESS ROAD
(s~ ~l~ PL~)
PROPOSED SUBSTAT ION
LOCAT ON
PROPERTY L I1~
/~'0'~ ¢5'0" /
_~ Project: ~,~'
AMONGA Title:
CITY OF R
P~I~ON ~ Exhibit:
TRANSFO:~MER
,,' o 'SW ITCHRACK
EXISTING TREES
~,-~ Project: ~',,~ ¢-~"
OF R Title:
CITY PLAi~, i~~'~NMONGA ~])~E~.xhibit:
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 93-24, A REQUEST TO CONSTRUCT AN ELECTRICAL
SUBSTATION IN THE MINIMUM IMPACT HEAVY INDUSTRIAL
DESIGNATION (SUBAREA 9) OF THE INDUSTRIAL AREA SPECIFIC
PLAN, LOCATED ON THE WEST SIDE OF ROCHESTER AVENUE, SOUTH
OF ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 229-111-18.
A. Recitals.
(i) Southern California Edison Company has filed an application for
the issuance of Conditional Use Permit No. 93-24, as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
(ii) On the 8th day of September 1993, 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.
(iii) 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 September 8, 1993, including
written and oral staff reports, together with public testimony, this
Co~niss£on hereby specifically finds as follows:
(a) The application applies to property located on the south
side of Rochester Avenue, south of Arrow Route with a street frontage of 800
feet along Arrow Route and 600 feet along Rochester Avenue and is presently
developed with manufacturing buildings; and
(b) The properties to the north and south of the subject site
are designated for industrial uses and are vacant. The properties to the east
and west are designated for industrial uses and are developed with
manufacturing buildings; and
(c) The development of the electrical substation is consistent
with the Minimum Impact Heavy Industrial designation of the Industrial Area
Specific Plan and the Heavy Industrial designation of the General Plan; and
PLANNING COMMISSION RESOLUTION NO.
CUP 93-24 - $CE
September 8, 1993
Page 2
(d) The application, with the attached conditions of approval,
will comply with all applicable standards of the Industrial Area Specific
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 forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows:
(a) That 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) 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.
(c) That 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 California Environmental Quality Act of 1970, as amended,
and the State CEQA Guidelines promulgated thereunder; that said Negative
Declaration and the Initial Study prepared therefore reflect the independent
judgment of the Planning Commission; and, further, this Commission has
reviewed and considered the information contained in said Negative Declaration
with regard to the application.
occur.
(b) That no significant adverse environmental effects will
(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 the
Negative Declaration for this project, there is no evidence that the proposed
project will have the 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.
PLANNING COMMISSION RESOLUTION NO.
CUP 93-24 - SCE
September 8, 1993
Page 3
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 attached Standard
Conditions, attached hereto and incorporated herein by this reference.
Planninq Division
1)
The north, south, and east sides of the
enclosure shall be constructed of a slump block
to match the existing walls. The final plans
shall be reviewed and approved by the City
Planner prior to the issuance of building
permits.
2)
The landscaping around the enclosure shall be
reviewed and approved by the City Planner prior
to the issuance of building permits. Landscape
materials shall include, but are not limited
to, large shrubs, vines, small trees, and
mulch.
3) Any overhead 66 KV lines shall be installed on
the steel "state-of-the-art" poles.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, 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 8th day of September 1993, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT:
COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #: ~./t/'b/~/~.4~ ///~' ,.,~_;~',~//' Q- ~
SUBJECT: ,~'Z~..~',~.~',,~Z L.~F~',~/~3,'V'
APPLICANT: ~/_~/-~_~?'~/ ~/~ ~/~ ~.
~ose items c~ ~ ~E~ of ~v~.
APPLICANT SHALL CONTACT THE PLANNING DNISION, (714) 9~0-1861, FOR COMPUANCE
WITH THE FOLLOWING CONDrrlONS:
A. Time Umltl co,~.. Dm
'/' 1. Approval shall expire, unless extenped by the Planning Commission, if building permits are --J /
not issued or approved use has not commenced wiffiin 24 months from the date of approval.
2. Devetopment/Design Review shell be aPl:Xoved prior to I I ..._/ /
3. Approval of Tentative Tract No. is granted subject to the aPlxoval of __./ /
4. The deveioper shall commence, pertioipate in, and consummate or cause to be commenced,
pafiicipeted in, or consummated, a Malio-Roo8 Commurdy Facilities District (CFD) for the
Rancho Cucamonga Fire Profeofton Dimfict to finance con~RK:tlon and/or maintenance of
a fire station to serve the devalopmom. The station shall be located, designed, and built to
all specifications of the Rancho Cur, anunga Fire Protection District, and shall become the
Districts propeffy upon compiatfon. The equipment shall be selected by the District in
accordance wtlh its need~. In afi¥ building of a atatiofi. the developer shall compiy with all
aliicable laws and regulations. The CFD shall be formed by the Diat~ct and the developer
by the time rscordati~n of the final ~
5. Prfor to recordation of the finalrnapocthe issuance of buiiding permits, whichever comes / /
first, the appiicant shall conserf to, or participate in, the astablishmont of a Mello-Roos
Community Facilities Distrk:t for the conatmction and malfiMnanco of necessary school
facilities. However, if any school district haS ~eviously oatal3ashed ~ucll a Community
Facilities District, the al~nt shall, in the alternative, consent to the annexation of the
project site into the territory of such existing Distrk=t prior to the rscordati~t of the final map
or the issuance of building permits, whichever comes firet. Further, if the affected school
district has not formed a Melio-Roos Community Facilities District within twelve months from
the date of approval of the project and prior to the recordation of the !inal map or issuance
of building permits for saJ¢l project, this condition shall be deernod null and void.
SC - 2/91 I
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 issuance of building permits when no map is/ /
involved, written certification from the affected water district that adeduate sewer and water
facilities are or will be available to serve the p~oposad project shell 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 issuance
of permits in the case of all other residential projects.
B. Site Developmen~
'// 1. The site shall be developed and maintained in accordance with the approved plans which .. / /
include site plans, architectural elevations, exterior mmert~s ~ colors, landecaping, si~n
pro, ram, and grading on file In the Pian.ning Divleion, the conditions cor~lned herein,
Developmere Code regulations, and //v,~/~,,~/,~ ~
Specific Plan and
Planned Commune.
/ 2. Prior to any use of the project site or business activity being commenced thereon, all I /
Conditions of Approval shall be completed to the satisfaction of the City Planner.
3. Occupancy of the facility shall nof commence until such time as all Uniform Building Code andI /
State Fire Marshalrs regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection Dletrict end the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior to
4. Revised site plans and building elevations incoq~orating all Conditions of Approval shall be ~ /
submi~ed for C~ Planner review and apl:~'oval prior to i~um~ce of building parmits.
All site, grading, landscape, Inigation, and street imlxovemem 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 cu~om lot subclivision, or
approved use has commenced, whichever comes first.
Approval of this request shall not waive compliance with all sections of the Development
Code, all other applicable City Ordln~ncas, and arpl!: LIz Con'~nunily Plane or Spe~ic
Plans in effect at the time of Building Permit
A detailed on-site lighting ~ shall be reviewed ~d apl:~oved by the City Planner and
Sheriff's Depam'nem (9~9..~11) prior Io the issuance of building pem-~i~. Such plan shall
indicate style, illumination, Ioc~n, height, and method of shialding so as not to adversely
affect adjacent pmpenias.
/ /
8. If no centralized trash recel~actes are IXovided, all trash pick-up shall be for individual units
with all receptacles ~iak:led from pul~c view.
/ /
Trash receptecie(s) are required and shall meet City standards. The final design, locations,
· and the number of trash receptecM~ shall be sul:)ject to C, WJ Planner review and apl:xoval
prior to issuance of building permits.
/ /
SC-2/9]
10. All ground-mounted utillly appurtenances such as transformers, AC condensers, etc., shall
be located out o! public view and adequately screened through the use of a combination of
concrete or masons/walls, berming, and/or landscaping to the satisfaction of the City
Planner. :~)~
2
C.,om~e~ D.~:
11. Street names shall be submitted for City Planner review and approval in accordance with __j /.
the adopied Street Naming Policy prior to aPl~roval of the final map.
12. All building numbers and individual units shall be identitied 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 alexOval priorto approval and recomation 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 Restrictions (CC&Rs) shall not prohibit the keeping of equine ___/
animals where zoning requirements torthe keaping of said animals have been mat. Individual
lot ownere in sulxlivlsions shall have the OlXion 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 Restrictions (CC&Rs) and Articles of Incoqx)ratldn of the
Horneowners' Association are sub~ect to the ap13mvai 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, whiottever ocours first. A recorded co13y shall be
provided to the City Engineer.
/ /
16. All parkways, open areas, and landscaping shall be permanently maintained bythe 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
approval prior to issuance of building permits.
__/ /
17. Solar access easements shall be dedicated for the puq~sa of assuming that each lot or
dwelling unit shall have the right to receive sunlight across edlacent iota or units for use of
a solar energy system. The easemen~ may be contained ~ a Declaration of Restrictions for
the sulxlivlsion which shall be recorded concurrently with the recorclation of the Ilrml map or
issuance of pentilts, whichever comes first. The easemen~ shall prohibit the casting of
shadows by vegetation, stmcturee, fixtures or any other object, excepl for utility wires and
similar objects, pursuant to Development Code Section 17.08.080-G-2.
18. The project contains a designated Hlato~cai Landmark. The site shall be developed and
maintained in accordance with the Historic Landmark Meration Permit No.
· Any further modifications to the site including, ~ ncl limited to, exterior alterations and/or
intedor alterations which affect the exterior of the buildings or structures, ramoval of landmark
trees, demolition, reiocation, reoonstruction of buildings or structures, or changes to the site,
shall require a modification to the Historic Landmark Alteration Permit subject to Historic
Prese~vatfon Co--ion review and approval.
C. Building Design
An alternative energy system is required to provide domestic hot water for all dwelling units
and lot heating any swimming pool or apa, unless other alternative energy systems are
demonstrated fo be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be suPl~klmented witfi ~olar 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.
SC-2/91
All dwellings shall have the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment sul~ect to City Planner
review and approval prior to issuance of building permits.
/ /
Standard patio cover plans for use by the Homeowners' Association shall be submitted tor
City Planner and Building Official review and approval prior to issuance of building perroits,
_..J, /
4. All roof al~urtenances, 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 amhltecturally
integrated with the building design and constructed to the satisfaction of the City Planner.
Details shell be included in building plans.
D. Parking and Vehioular Am (Indicate datall~ on building INane)
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 cu~).
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.
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 shall be provided with garage door openers it driveways are less than 18 !eat in
depth from bac~ of sidewalk.
/ /
5. The Covenants, Conditions and Restrictions shell restrict the storage of recreational vehicles
on this site unless they are the principal source of transl:x~tation for the owner and prohibit
parking on imerior circulation aisles other than in designated visitor pa~ng ames.
/ /
~ 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 ot building
permits.
/ /
E. ~ndscapln~ (fi3~ pu~#c~ aatalln~l i~ m, W m ~ N.)
,/
,/
1. A detailed landscape and irrigation plan, including sl~e planting and model home landscap-
ing in the case of residential deveiolxnant, shall be prepared by a licensed landscape
architect and submitted for City Planner review amlapprovM palotto theissuance of building
permits or pdor final map apl;eoval in the case of a custom lot aaJIxiivtNon.
2. Existing trees required to be preserved in pla~ shall be ;:~otacted with a ~3natmotion barrier
in · _,~_ _ rdance with the Municipal Code Section 19.08.110, and so noted on the grading plans.
The location of those tre~ to be preeewed in ~ and new locations for transplanted trees
shall be shown on the detailed landscape plan~. The ~ shall follow all of the mbofist's
recommend~ regarding presewation, tran~planting and trimming methods.
A minimum of trees per gross acre, comprised of the following sizes, shall be provided
within the project: % - 48- inch box or la~er, %- 36- Inch box or larger,
% - 24- inch box or larger, % - 15-gallon, and % - S gallon:
4. A minimum of .% of tr~s 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 one 15-gallon tree for eve~/ three
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
/ /
SC - 2/9l
o
l'reee shall be planted in areas of publie view adjacent to and along structures at a rate of one
tree per 30 linear feet of building.
All private slope banks $ feet or less in vertical heighl and of 5:1 or greater slope, but less than
2:1 slope, Shall be, at minimum, inigated and landscaped with appropriate ground cover for
erosion control. Slope ~antlng required by this section shall include a peri. anent irrigation
system to be installed by the developer prior to occupancy.
All private slopes in excess of 5 feet, but less roans feet in vertical height and of 2:1 or greater
slope shall be landeca,oed and irrigated for erosion control and to soften their appearance as
follows: one 15-galion or larger size tree per eacll 150 sq. if. of slope area, 1 -gallon or larger
size shrub per each 100 sq. ft. of slope area, and al:~ropdate 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-galldn or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shell be
planted in staggered clusters to soften and vmy slol~ plane. Slope planting required by this
section shall include a permanent irrigation system to be Installed by the developar prior to
For single family residential development, all slope planling and irrigation shall be continu-
ously maintained in a healthy and mmmg concation by me developer umil 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 datarmine that they are in satistactory
/ /
/ /,,
/ /
__/ /
10. For multi-family resldehtlal and nomreeldehtial development, propeW owners are respen-
sible for the continual m~ntenance of all land~..aped areas on-site, as well as contiguous
planted areas within me public dgN-of-way. All landemlped areas sheit be kelX free from
weeds and debris and maintained in a healthy and thriving condition, and shall racebe
regular pruning, fertilizing. mowing, and trimming. Any damaged. deed. diseased, or
decaying plant material shall be replaced within 30 days from the data of clamage.
11. Front yard landscaping shell be required per the Deveiclxnent Code and/or
· This requirement shell be in addition to the required
street trees and slope planting.
/ /
12. The final design of the perimeter parl~vays, w~lls, land~blng, and sidewalks shall be
included in the required larx:lacape plans and shill be subject to City Planner review and
approval and coo~linated for consistency wl~ any padevay lan~ing plan which may be
required by the Engineering Division.
13. Special landscape feetufas ~ch as mouncling, alluvial rock, specimen size trees, meander- -~/ .
ing sldewalk~ (w~ horizontal change), and inlensitled land!: ~r'.ng, i~ requked along
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14. Landscaping and in~gation ~ystem~ required to be installed within the pul~c right-of-way on
the perimeter of this project area shall be continuously maintained by the developer.
15. All walls shell be provided with decorative treatmeN. If located in public maintenance areas,
the design shall be coo~inated with ttw Engineering Division.
16. Tree maintenance criteria shell be developed and submated tot City Planner review and
ap~,oval prior to issuance of building permits. These cdteda shall encourage the natural
growth characteristics of the selected tree species.
17. Landacaping and irrigation ~all be designed to consewe water through the principles of
Xeriscape as defined in ChalXer 19.16 of the Rancho Cucamonga Mun'~pal Code.
SC - 2/91
F. $ign~
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 pdor to issuance of building parmits.
Directory monument sign(s) shall be provided for apartment, condominium, or townhomes
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
G. Environmental
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, pdor to accepting a
cash deposit on any properly.
The developer shall provide each prospective buyer wdtten 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.
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.
A final acoustical report shall he submitted for City Planner review and apgxTwal prior to the
issuance of building permits. The final report shall discuss the level of interior noise
attanuation to below 45 CNEL, the building matehals and construction techniquas 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 refx)rt.
H. Other Agencle~
1.. Emergency secondary _Lv_;,~e__ ss shall be provided in a __rc~_rdance with Rancho Cucamonga Fire
Protection District Standa.:~.
Emergency access shall be Ixovided, maintenance free argl clear, a mirdmum of 26 test wide
at all timas during construction in a(x~ordance with Rancho Cucamonga Fire Protection
District requirements.
Prior to issuance of building permits for combustible construction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for
fire protection is available, pending cornplation of required fire protection system.
The applicant shall contact the U.S. Postal Service to detem~ine the Kopmpdate type and
location of mail boxes. Multi-family rasldenfial developments shall provide a solid overhead
structure for mail boxas with adequate lighting. The final location of the mall boxes and the
design of lha overtmad stnJofure shall be subject to City Planner review and al:N)foval prior
to the issuance of building permits.
Pmicct No. :~'~---~"
Com~=~on Dam:
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SC - 2/9t
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 sulxnittecl to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
6
Comecon Da~:
APPLICANTS SHALl. CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
COMPUANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
1. The applicant shell comply with the latest adopted Uniform Building Code, Unitotto Mechani-
cal Code, Uniform Plurrd31ng 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 Builcilng and Safety Division for copies of the Code Adoption Ordinance and
Prior to issuance of building permits for a new residential dwelling unif(s) or major addition
to existing unit(s), the applicant shah pay development fees at the established rate. Such fees
may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Ghecidng Fees, and School Fees.
Prior to issuance of building dermits for a new commercial or industrial development or
addition to an existing development, the applicant shall pay development tees at the
estedlishad rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
Street addresses shall be provk:kK] by the Building Official, aftor tract/parcel rr~o recordation
and prior to issuance of building pamdt~.
J. Existing Slructull~
1. Provide compliance with the Un#orm Building Code for the propeW line clearances
considering use, ara~, and fire..resistiveness of existing buildings.
2. Existing buMings shall be made to comply w~h ~ buMlng ~ zoning regulations for
the intended u~e or the building shall be dernclished.
3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with the
Uniform Plumbing Code and Uniform Bulkling Code.
v/ 4. Underground on-s#e utililie~ am to be kxmtad and shown on bulkling plans submitted for
building perme application.
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K. Grading
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SC - 2/91
Grading of the sub~ct property $1~1 be in --av~,rcMnco w#h the Unifomt Building Code, City
Grading Starxl~gll, and I=~IM grMing prlcltcol. The final gracing ~ shall be in
2. A soils rapoff shall be prepared by a quaillied engineer llcermed by the State of California to
perform such work.
3. The development is located within the soil erosion control boundarMs; a Soil Oistud3ance
Permit is reduirad. Pieale contact San B~marclion County DIp ~ l~,~lnl of AgrCulure at (714)
387-2111 for perre# application. Documefitafion of luch perrn# shall be submitted to the City
· prior to the issuance of ~ gracling permit.
4. A geological report shall be prepared by a qualified engineer or geoiogist and submitted at
the time of ap!~licatlon for gracilng plan chick.
5. The final grading plans shall be completed and approved prior to issuance of building permits.
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DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
September 8, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Scott Murphy, Associate Planner
ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 13796 LEWIS
DEVELOPMENT - A residential subdivision and design review of 111
condominium units on 7.92 acres of land in the Medium Residential
designation (8-14 dwelling units per acre) of the Terra Vista
Planned Community, located on the south side of Mountain View
Drive, east of Milliken Avenue - APN: 227-151-32.
PROJECT AND SITE DESCRIPTION:
A. Project Density: 14 dwelling units per acre.
Surrounding Land Use and Zoning:
North - Vacant; Terra Vista Planned Community, Low-Medium Residential
(4-8 dwelling units per acre)
South - Vacant; Terra Vista Planned Community, Medium-High Residential
(14-24 dwelling units per acre)
East - Single Family detached houses; Terra Vista Planned Community,
Low-Medium Residential (4-8 dwelling units per acre)
West - Apartments; Terra Vista Planned Community, Medium Residential
(8-14 dwelling units per acre)
General Plan Designations:
Project Site - Low-Medium Residential (4-8 dwelling units per acre)
North - Low-Medium Residential (4-8 dwelling units per acre)
South - Low-Medium (4-8 dwelling units per acre) and Medium
dwelling units per acre) Residential
East - Low-Medium Residential (4-8 dwelling units per acre)
West - Low-Medium Residential (4-8 dwelling units per acre)
(8-14
Site Characteristics: The site is presently vacant with an average slope
of 2 percent from north to south. The site is bordered on the north by
Mountain View Drive, on the south by the proposed East Greenway Trail, on
the east by the Rosecrest single family detached project, and an apartment
project on the west side.
IT~ E
PLANNING CO~ISSION STAFF REPORT
TT 13796 - LEWIS DEVELOPMENT
September 8, 1993
Page 2
F. Parking Calculations:
Number of Number of
Type Number Parking Spaces Spaces
of Use of Units Ratio Required Provided
2-Bedroom 37 1.8 spaces/unit 66 66
3-Bedroom 74 2 spaces/unit 148 148
Guest 111 .25 spaces/unit 28 28
242 242
ANALYSIS:
General: The applicant is proposing to develop 111 condominium units
ranging in size from 1,015 to 1,303 square feet in area. The units are a
combination of townhome units and stacked flats. The units will have
direct access to one- or two-car garages.
Design Review Committee: The project was originally reviewed by the
Design Review Committee (Melcher, Vallette, Coleman) on March 2, 1993. At
that time, the Committee's major concerns centered on the transition of
density frc~ the single family residences to the east and the width of the
trail along the east boundary. The Committee recommended that the full
Planning Co~ission Review these issues.
On March 10, 1993, the Planning Commission conducted a workshop on the
application. After much discussion on the project, the Commission
recomended that the plans be revised as follows:
The transition of density was acceptable as submitted.
2. Landscaping should be provided within the rear yards of those units
backing onto the trail.
3. Intensified landscaping should be provided at wrought iron fencing
locations along the trail.
The revised site plan provided by the applicant at the meeting
reversing the central area design was acceptable subject to the re-
orientation of the southwesterly building to open up the central area.
5. A focal element should be provided at the main entry.
6. The detached garage structures should have a hip roof design.
On August 3, 1993, the Design Review Committee (Melcher, Tolstoy, Coleman)
reviewed the revised plans. The Committee recommended approval subject to
a condition requiring the installation of a wrought iron fence between
Buildings 20 and 21 to prohibit people from cutting through the landscape
area.
PLANNING COMMISSION STAFF REPORT
TT 137!)6 - LEWIS DEVELOPMENT
Septe~)er 8, 1993
Page 3
Environmental Assessment: Staff has completed the Initial Study and found
no significant environmental impacts as a result of the project. If the
Planning Cormnission concurs, issuance of Negative Declaration would be
appropriate.
RECO~V~DATION: Staff recommends that the Planning Commission approve
Tentative Tract 13796 through adoption of the attached Resolution and issuance
of a Negative Declaration.
Brad Buller
City Planner
BB:SM:s~
Attachments:
Exhibit "A" -
Exhibit "B" -
Exhibit "C" -
Exhibit "D" -
Exhibit "E" -
Exhibit "F" -
Exhibit "G" -
Exhibit "H" -
Exhibit "I" -
Exhibit "J" -
Resolution of
Area Development Plan
Site Utilization Plan
Tentative Tract Map
Site Plan
Open Space/Park Credit Plan
Grading Plan
Landscape Plan
Entry Details
Building Elevations
Planning Co~nission Workshop Minutes
Approval for Tentative Tract 13796
Resolution of Approval for Design Review for
Tentative Tract 13796
yJ,~I/~ Y~J
V.l.~J~ VI=G4:~ I dVl~l J.OY'd,.L qAJJ.Y.I.N:~I.
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CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
Adjourned Meeting
March 10, 1993
Chairman McNiel called the Adjourned Meeting of the City of Rancho Cucamonga
Planning Commission to order at 8:50 p.m. The meeting was held in the De Anza
Room at the Rancho Cucamonga Civic Center,
Cucamonga, California.
ROLL CA~.T.
COMMISSIONERS:
PRESENT
10500 Civic Center Drive, Rancho
Suzanne Chitiea, Larry McNiel, John
Melcher, Peter Tolstoy, Wendy Valletee
ABSENT: None
STAFF PRESENT:
Brad Bullet, City Planner; Dan Coleman, Principal
Planner; Dan Ja~s, Senior Civil Engineer; Scott Murphy,
Associate Planner.
TENTATIVE TRACT 13796 - LEWIS DEVELOPN~NT CO, ANY - A residential subdivision
and design review of 111 condominium units on 7.92 acres of land in the Medium
Residential designation (8-14 dwelling units per acre) of the Terra Vista
Planned Community, located on the south side of Mountain View Drive, east of
Milliken Avenue - APN: 227-151-32.
Brad Bullet, City Planner, provided an opening statement as to the reason the
workshop was being conducted.
Scott Murphy, Associate Planner, presented the staff repoL~c outlining the
issues for the C ..... Lss£on's d£scussion.
Clark Butts, Architect, presented slides and photographs of 8n existing
project utilizing the same product type.
Co~nissioner Melcher began the Coem£ssion cc,,~qnts by stating his opinion on
the discussion £temo. He felt the transition of density between the proposed
project and the existing project to the lair Wal adequate. He OblerVed the
proposed project was within the density parameters allowed by the zone. He
noted · tra£1 was being provided between the two pro~ects. He felt the 14
multi-fmn£1y units along the east prope~y boundary wes compatible with the 10
s£ngle family units. He believed the trail could he designed within the
15-foot width and he did not want to ~eopordize the City w£th potential
payuent for park land if &ddit£onal ded£cation was required. He agreed with
Commissioner Vellette's c-~--~nt at the Design Review Co~mittee meeting that
focal pc,£nts were needed at the project entries. He suggested the interior
units be, revised and the east driveway bec~me the main entry. He suggested
that the, central open space area would he stronger if bu£1d£ng 17 was re-
oriented to maintain the open space flow to the south. Commissioner Halchar
commented that the slides and photographs provided by thm architect sold him
on the project because he felt the renderings were weak representations. He
stated the one remaining issue he had was the heav~ proportions of the
dormers, both hip and gable ends, along the drive aisle.
Commissioner Valletee reinaerated her concerns raised at the Design Review
Committee meeting. She felt that the site plan was very cramped and the
applicant should consider using 3-story buildings within the western portion
of the site. She thought this would help relieve her concerns with the
transition between the proposal and the existing single family homes and help
open up the site plan. She felt the trail along the east side should be
widened to assist the transitions because she did not think the 49-foot
separation between the single family and multi-family units is adequate. With
respect to the architecture, Ms. Valletee felt that the two-tone stucco color
detracts from the building. She suggested that the roof element of the units
and the garages be more articulated. She thought the gates at the couPyard
entries should be eliminated and the courtyards should be wider.
Chairman McNlel opened the hearing for discussion.
Wary Cocksoft, Lewis Ho~es, responded to the Commissioners' consents. He
noted that the scale of the multi-family units was no different than the two-
story single family units. He said there are single-story elements on the
multi-family units to break up the maes of the buildings. He commented that
the number of units had been minimized along the east boundary and single-
story garages have been introduced to provide a transition between the
projects.
Don Thompson, Lewis Homes, noted that the parcel in question is not a square
shape, thereby making m density transition difficult with the lnflll project.
Chairman McNiel commented that the £nfill situation was created by Lewis
Homes' construction of the projects on either side of the proposal.
CommllliOner Tolltoy letted that the density tranlition was an awkward
situation that will create an awkward laXuriah. He suggested that park land
be eliminated to create a wide= trail to assist the density transition. He
was not concerned about the trane£Cion beams mult£-feily projects but felt
that greater eenmitivity was needed between mingle-family and multi-family
projects.
Commissioner Chitlee commented that m 20-foot trail would be preferable but
not at the expense of the City.
Chairman McNlel questioned what was happening within the rear yards of the
proposal.
Tom Dellaquila, Lewis Homes, etated that nothing was or£ginall¥ proposed;
however, Lewis Homes would be willing to offer a landscape package for the
patio areas.
Planning C~.-..ismion Mlnutel
-2-
March 10, 1993
Chairman McNiel asked if the wall along the east boundary could be designed
using wrought iron with pilasters or a 3-foot solid wall with 3 feet of
wrought iron.
Mr. Dell·quill explained that wrought iron is used in all areas except along
the rear yardi of units where a iolid wall Ii proposed. He noted the longest
stretch of solid wall is roughly 100 feet.
Mr. Cockreft added that the wall will be 6 feet in height.
Commissioner Chitlea asked if the trail will be landscaped.
Mr. Dell·quill responded in the affirmative. He noted that lame changes have
occurred with irrigation techniquel and plant material since the original
trail initall·riehl relulting in a better delign with low maintenance.
Mr. Bullet comuented that a majority of the Commission appeared to favor
widening the trail provided the City is not in a position of having to pay the
applicant for the land.
Chairman McNlel felt that the building relationlhlp wal acceptable but he was
itill concerned about the development agr~nt.
Commissioner Chitlea suggelted that the rear yardi/patios be landscaped,
including vinel on the solid wall.
Commissioner Tolstoy expresled concern about propoL~cy owner maintenance of the
landlcaping.
Mr. Bullet agreed with Co~mlllioner Chitlea on landscaping the patio area. He
recommended that landscaping be concentrated in the wrought iron areal. He
also luggeared a standard patio trellil delign be created for the project and
Pollibly conltructed along the salt boundary.
After considering the ilsuss surrounding the trail width, a majority of the
C_o~m__illion felt the trail width, al propsled, wal accel~cable Is long al
intensified landscaping wal provided at wrought iron f~nce locat£onl, rear
yard/patio landlcaping wal provided for thole unitl along the lilt boundary,
and some variation wal provided in the fence/wall placement to break up the
straight line.
Mr. Cockreft presented a raviaed lite plan to the C~--~llionerl.
Con~nialioner Molcher felt that the orientation of the buildingl was not al
good &l the original mubenittal. He thought the central open mpacm mtlll
mtopped abruptly.
COmmimmionmr Chitim& felt that turning the unit midow&ym prov£ded variation
and relief to the drive aimlm.
Commielioner Valletie agreed.
Planning ~saion Manurea
-3- March 10, 1993
,,
A majority of the Commission felt the applicant should consider re-orienting
the building.
Mr. Cockreft suggested the building might be skewed and the landscaping
enhanced.
Commissioner Vailerrs requested that a focal element be provided at the
entry. She suggested raised planters might be used.
Mr. Dellaquila indicated he would and agreed to provide a sketch for the
Commission.
Mr. Cockreft noted that stucco trim will be provided on the units and the
gates across the entries have been eliminated. He presented reviled
elevations depicting the changes.
Commissioners Chitlea and Valletie agreed the two-tone color scheme should be
eliminated.
Mr. Cockreft stated that the ch4mney caps lhow~ ~ay not be Ulld. He said they
are working with the manufacturer on an acceptable design.
Mr. Bullet suggested the garage buildings receive a hip roof instead of a
gable roof.
The Commillionerl agreed.
Mr. Murphy recommended the applicant revise the plans and resuk~it them for
Design Review Comittel conlideration.
AnJOURNMENT
The meeting was adjourned at 10~15 p.m.
Respectfully submitted, _
Brad Bullet
Secretary
Planning Co---£ssion Minutes
-4- March 10, 1993
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 13796, A RESIDENTIAL SUBDIVISION OF 111
CONDOMINIUM UNITS ON 7.92 ACRES OF LAND IN THE MEDIUM
RESIDENTIAL DESIGNATION (8-14 DWELLING UNITS PER ACRE) OF
THE TERRA VISTA PLANNED COMMUNITY, LOCATED ON THE SOUTH
SIDE OF MOUNTAIN VIEW DRIVE, EAST OF MILLIKEN AVENUE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-32.
A. Recitals.
(i) Lewis Development Company has filed an application for the
approval of Tentative Tract Map No. 13796 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map
request is referred to as "the application."
(ii) On the 8th day of September 1993, 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.
(iii) 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 September 8, 1993, 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 Mountain View Drive, east of Milliken Avenue, with a street frontage
of 500 feet and lot depth of 770 feet and is presently vacant; and
(b) The property to the north of the subject site is designated
for residential uses and is vacant. The property to the south of that site is
designated for park/trail and residential uses and is vacant. The property to
the east is designated for residential uses and is developed with single
family detached residences. The property to the west is designated for
residential uses and is developed with apartments; and
(c) The development of the condominiums are consistent with the
Medium Residential designation of the Terra Vista Planned Community and the
Low-Medium Residential designation of the General Plan; and
PLANNING COMMISSION RESOLUTION NO.
TT 13796 - LEWIS DEVELOPMENT
September 8, 1993
Page 2
(d) The application, with the attached conditions of approval,
will comply with all applicable standards of the Development Code.
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 tentative tract is consistent with the General Plan,
Development Code, and specific plans; and
(b) The design or improvements of the tentative tract is
consistent with the General Plan, Development Code, and specific plans; and
(c) The site is physically suitable for the type of development
proposed; and
(d) The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to humans and wildlife
or their habitat; and
(e) The tentative tract is not likely to cause serious public
health problems; and
(f) The design of the tentative tract will not conflict with
any easement acquired by the public at large, now of record, for access
through or use of the property within the proposed subdivision.
4. Based upon the facts and information contained in the proposed
Negative Declaration, together with all written and oral reports included for
the environmental assessment for the application, the Planning Commission
finds that there is no substantial evidence that the project will have a
significant effect upon the environment and adopts a Negative Declaration
based upon the findings as follows:
(a) That the Negative Declaration has been prepared in
compliance with the California Environmental Quality Act of 1970, as amended,
and the State CEQA Guidelines promulgated thereunder; that said Negative
Declaration and the Initial Study prepared therefore reflect the independent
judgment of the Planning Commission; and, further, this Commission has
reviewed and considered the information contained in said Negative Declaration
with regard to the application.
(b) 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 the
· Negative Declaration for this project, there is no evidence that the proposed
project will have the potential for an adverse impact upon wildlife resources
PLANNING COMMISSION RESOLUTION NO.
TT 13796 - LEWIS DEVELOPMENT
September 8, 1993
Page 3
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 paragraph
1, 2, 3, and 4 above, this Commission approves the application subject to each
and every condition set forth below and in the attached Standard Conditions,
attached hereto and incorporated herein by this reference.
Plannin~ Division
1)
Pursuant to provisions of California Public
Resources Code Section 21089(b), this
application shall not be operative, vested or
final, nor will building permits be issued or a
map recorded, until (1) the Notice of
Determination (NOD) regarding the associated
environmental action is filed and posted with
the Clerk of the Board of Supervisors of the
County of San Bernardino; and (2) any and all
required filing fees assessed pursuant to
California Fish and Game Code Section 711.4,
together with any required handling charges,
are paid to the County Clerk of the County of
San Bernardino. The applicant shall provide
the Planning Department with a stamped and
conformed copy of the NOD together with a
receipt showing that all fees have been paid.
In the event this application is determined
exempt from such filing fees pursuant to the
provisions of the California Fish and Game
Code, or the guidelines promulgated thereunder,
except for payment of any required handling
charge for filing a Certificate of Fee
Exemption, this condition shall be deemed null
and void.
2)
The project shall comply with the Park
Implementation Plan of the Terra Vista Planned
Community.
En~ineerin~ Division
1)
The centerline of the western driveway and the
centerline of "future drive" on the north side
of Mountain View Drive shall align.
2) To minimize the possibility of overflow to the
PLANNING COMMISSION RESOLUTION NO.
TT 13796 - LEWIS DEVELOPMENT
September 8, 1993
Page 4
east greenway corridor, the on-site storm drain
system shall provide sufficient catch basins
(three minimum) so that no more than 10 percent
of the project flow is intercepted at the most
southerly catch basin.
3)
There shall be no cross lot drainage between
lot "D," the community trail, and the adjacent
lots on either side.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTEST:
Brad Buller, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of September 1993, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT:
COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #:
SUBJECT:
APPLICANT:
LOCATION:
Those items checked are Conditions of Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Llmltll Com,,i,~
/
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 ot __/ /
J 4. The deveioper shall commence, partioipatein, andcortsummateorcausetobecommenced, ..~ /
participated in, or consummated, a Malfo-Roo$ Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection Dist]lct 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 Rre Protection District, and shall become the
District's property upon completion. The equiprnont shall be selected by the District in
accordance with its neede. In any building of a station, the developer shall comply with all
applicable laws and reguietion~. 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 permils, 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, ff any school district has previously established such a Community
· Facilities District, the applicant shall, in the alternative, conseN to the annexation of the
project site into the territory of such existing District prior to the recordation of the linal map
or the issuance of building permits, whichever comes litst. Further, if the affected school
district has not formed a Melio-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 - 2/91 1 of 12
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 readif of this project.
Prior to recordation of the final map or prior to 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 sawe the proposed pro~eot 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 cese of subdivision or prior to issuance
of permits in the case of all other residential projects.
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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 coioes, landscaping, sign
program, and grading on file in the Planning Division, the conditions contained herein,
Development Code regulations, and
Specific Plan and
Planned Community.
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2. Prior to any use of the project site or business activity being commenced thereon, all __J /
Conditions of Approval shall be completed to the satisfaction of the City Planner.
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3. O(x;upancyofthefacilityshallnotcommanceuntilsuchtimeasallUni~ormBuiidingCodeand __/ /
State Fire Marshalrs regulations have been complied wtth. Prior to 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.
v//~ 8.
Revised site plans and building elevations incoq3orating all Conditions of Approval shall be
submitted for City Planner review and approval prior to issuance of building parmits.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any portoits (such as grading, tree removal, encroachment,
building, etc.), or prior to final map approval in the case ol a custom lot subdivision, or
approved use has commenced, whichaver comes first.
Approval of this request shell not waive com131iance with all sections of the Development
Code, all other applicabis City Ordinances, and ~'~rlOllo~"la Community Plans or Specific
Plans in effect at the time of Building Perufit issuance.
A detailed on-site lighting plan shall be reviewed axl appoved by the City Planner and
Sheriff's Department (989-6611) prior to the issuance o! building permits. Such plan shall
indicate style, illumination, location, height, and method of shielding so as not to adversely
effect adjacem properties.
If no centralized trash receptacles are provided, all trash pick-up shall be for individual units
with all receptacles shielded from public view.
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Trash receptacle(s) are required and shall meet City standards. The final design, locations,
and the number of trash receptacles shall be sublect to C#y Planner review and al:q3foval
prior to issuance of building permits.
10. All ground-mounted utility appurtenances such as tranalormem, AC condensers, etc., shall
be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, barming, and/or landscaping to the satisfaction of the City
Planner. ~- ...~, ~
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SC- 2/91 2o~ 12
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11. Street names shall be submitted for City Planner review and approval in accordance with
the adopied Street Naming Policy prior to approval of the final map.
12. All building nurntmrs 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 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 Restrictions (CC&Rs) shall not prohibit the keeping of equine
animals where zoning requirements torthe 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 Restrictions (CC&Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the apfxoval of the Planning and Engineering
Divisions and the City Attomay. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs tirst. A recorded copy shall be
provided to the City Engineer.
16. All parkways, open areas, and landscaping shall be permanently maintained bytha property
owner, homeowners' association, or other means ecceptat)le 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 the recordation of the linal map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, stmcturas, fixtures or any other object, excepl for utility wires and
similar objects, pursuant to Development Code Section 17.08.060-G-2.
18. The project contains a designated Hletodcal Landmark. The site shall be developed and
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further moditicatione to the site including, but not limited to, extedor alterations and/or
interior alterations which affect the exteriorof the buildings or structures, removal of landmark
trees, demolition, reiccation, reconstruction of buikiinge or structures, or changes to the site,
shall require a medir~ation to !ho Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
C. Building
1.
SC - 2/91
Design
An alternative energy system is reduired to provide domestic hot water tor 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.
All dwellings shall have the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment sul~ect to City Planner
review and approval prior to issuance of building permits.
3of 12
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Com~¢~io~ Da~:
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 Am (indicate details on bulkling planl)
v/' 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 cu~o).
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Textured pedesthan pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwelUngs/units/buildings with open spaces/
plazas/recreational uses.
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 shall be provided with garage door openers if driveways are less than 18 feet in
depth from beck of sidewalk.
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.
Plans for any security gates shall be submitted for the City Planner, City Engineer, and
Rancho Cucamonga Fire Protection District review and apl~OVal prior to issuance of building
permits.
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E. Landscaping (for pul~llcly matntaln~l lan;laca!~ ar~as, reler to ~1on N.)
1. A ~!all~ la~ and i~t~n ~an, i~i~
i~ in t~ ~se of res~N~l deve~, s~l ~ ~ ~ a I~n~ la~
a~ a~ sub~ for C~ ~a~r m~ ~ ~1 ~rto t~ ~a~ ~ ~i~i~
~s or p~r fi~ ~ ~val in t~
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2. Existing trees required to be preserved in place shall be protected with a construction barrier
in accordance with the Municlpat Code Saction 19.06.110, and so holed on the grading plans.
The location of those trees to be preserved in place and new locations for trarmplanted 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.
v/ 3. Aminimumof '~,~' treespergrossacre,cornprisedofthetoliowingsizes, shatl be provided
within the project: ---" % - 48- inch box or larger, /~ % - 36- inch box or larger,
/~ %- 24- inch box or larger, ~'O % - 15-gallon, and ---- % - 5 gallon.'
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f 5.
A minimum of % of trees planted within the project shall be specimen size trees -
24-inch box or larger.
W'~hin perking lots, trees shall be planted at a rate of one 15-gatIon tree for every three
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
SC - 2/91 4 o~' 12
6. Trees shall be planted in areas of public view adjacent to and along structures at a rate of ohe
tree per 30 linear feet of building.
All private slope benks 5 leet or lass in vertical height and of 5:1 or greater slope, but less than
2:1 slope, shell 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.
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AIIprivateslopesinexcessofSfeet,butlassthan8 feet inverticalheightandof2:1orgreater
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree par 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 shell also include one
5.galldn 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 shell include a permanent in'igation system to be installed by the developer prior to
For singla family residential development, all slope planting and irrigation shall be continu-
ously maintained in a healthy and thriving condition by the developer until each individual unit
is soldandoccupiadbythebuyer. Priortorelaasingog3cupancytorthoseunits, an inspection
shall be conducted by the Planning Division to determine that they are in satisfactory
10. For rnultHamily residential and non-residential development, properly owners are respon-
sibla 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 shell be kept free from
weeds and debris and maintained in a healthy and thriving conditldn, and shell receive
regular pruning, ferlilizing, 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 lar~ shell be required per the Development Code and/or
· This requirement shell be in addition to the required
street trees and slope planting.
12. The final design of the perimeter perkways, walls, landscaping, and sidewalks shall be
included in the required landscape plans and shall be subject to City Planner review and
aPlxOval and coordinated for consistency with any parkway landscaping plan which may be
required by the Engineering Division.
13. Special iartdecape features such as mounding, alluvial rock, specimen size trees, meander-
ing sidewalks (with horizontal change), and intensified iandecaplng, is required along
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14. Landscaping and irrigation systems required to be installed w~in the public right-of-way on
the perimeter of this project area shell be continuously maintained by the developer.
15. All walls shall be provided with decorative treatment. If located in public maintenance areas,
the dasign shell be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and submittad for City Planner review and
approval prior to issuance of building permits. These criteria shell 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 Munloipal Code.
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SC - 2/91 5 o1' 12
F. Signs
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 pdor to issuance of building permits.
Director~ monument sign(s) shall be provided for apartment, condominium, or townhomes
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
G. Environmental
The developer shall provide each prospective ~yer written notice o! 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.
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.
The developer shall provide each prospective buyer written notice of the Foothill Freeway
project In a standard torma as determined by the City Planner, prior to accepting a cash
deposit on any property.
A final acoustical report shall be submitted for City Planner review and approval prior to the
issuance of building permits. The final report shell discuss the level of interior noise
attenuation to below 45 CNEL, the building materials and construction techniques provided,
and it 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.
H. Other Agencle~
v/ 1. Emergency secondary access shell be provided in a__,~_~_ rdancewith Rancho Cucamonga Fire
Protection District Standards.
J 2.
Emergency access shall be provided, maintenance free and clear, a minimum of 26 leet wide
at all times (luring construction in accordance with Rancho Cucamonga Fire Protection
District requirements.
Prior to issuance of building permits for combustible construction, evidence shall be
submitted to the Rancho Cucamonga Rre Protection District that temporary water supply for
fire protection is available, pending completion of required fire protection system.
The applicant shell contact the U.S. Postal Service to determine the appropriate type and
location of mail boxes. Multi-family residential developments shell I:xovide a solid overhead
structure for mall boxes with adequate lighting. The final location of the mail boxes and the
design of the overhead stnJcture shall be sul~ect to Cib/Planner review and approval prior
to the issuance of building parmits.
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SC - 2/91
For projects using septic tank facilities, written cer~#ication of acceptability, including all
supportive information, shell be of Xained from the Sen 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.
6 ol' 12
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APPLICANTS SHALL CONTACT' THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
C.~MPLIANCE WITH THE FOLLOWING CONDITIONS:
Site Development
1. The applicant shall comply with the latest adopted Uniform Building Code, Unitorm Mechani-
cal 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.
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, Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
Prior to issuance of building permits for a new commercial or industrial development or
addition to an existing development, the applicant shell pay development fees at the
established rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
4. Street addresses shall be provided by the Building Off'cial, aftertract/parcel map recordation
and prior to issuance of building permits.
J. Existing Structure~
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 shell be mede to comply with correct building and zoning regulations tor
the intended use or the building shall be demolished.
3. Existing sewage disposal facilities shell be removad, filled and/or capped to cornply with the
Uniform Plurr~ing Code and Uniform Building Code.
4. Underground on-site util~les are to be located and shown on building plans submitted for
K. Grading
Grading o! the subiect property shall be in accordance with the Uniform Building Code, City
Grading Standards, and acoeplad grading I~aCtioes. The linal grading plan shell be in
substantial conformance with the approved grading plan.
A soils report shell be prepared by a qualified engineer licensed by the State of California to
perform such work.
The development is located within the soil erosion control boundaries; a Soil Disturbance
Permit is required. Please contact San Bernardino County Department of Agriculture at (714)
387-2111 for permit application. Documenfatfo~ of such permit shell be submitted to the City
prior to the issuance of rough grading permit.
4. A geological report shell be preparad by a qualified engineer or geologist and submittad at
the time of application for grading plan check.
5. The final grading plans shall be completed and approvedl:~forlo issuance of building permits.
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SC - 2/91 70f 12
6. AS a custom-lit sul:x:livision, lhe following requirements sicall be met:
a. Surety shall be posted and an agreement executed guarameeing completion of all on-site
0rainage facilities necessary lot clewatenng all parcels to the satisfaction of the Building
and Safety Division prior to final map a~roval and prior to the issuance of grading permits.
A~propdate easements for safe disOosal of drainage water that are conducted onto
or over edjacent parcels, are to be clelineated and recoro~l to the satisfaction of the
Building and Safely Division I:,'ior to iMuance of greding and I~Jilding permits.
c. CX~.site drainage improvements, necessary for 0ewatering and protecting the sulxiivided
propetites, are to be installecl prior to issuance of buiioing permits for construction uDon
any parcel that may be su~act to drainage flows entering, leaving, or within a ;)arcel
relative to which a Ix~iioing permit is requested.
Final grading plans for each percel are to be submitted to the Buik~ing and Safety
Division for a~roval prior to issuance of I:xJilding and gredthg permits. (This may be on an
incremental or conl:x)site Dasis.)
e. All slope benks in excess of 5 leat in vertical height shall be ~el~<t with native grasses
or pianted with ground cover for erosion control UlX~ coml~tion of gr~ling or some other
alternative mathe4 of erosion control shall be completed to the &tUafaction of the Building
Official. In a~lition a permanent imgation system aftall be provi(H<l. This requirement
does not release the ai:~icant/deveioper from comlXtance w~ the $io~e planting
requirements of Section 17.08.040 I of the Devetot;~ent Code.
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APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (/14) 0~0-18~2, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
L. Deelcatlon end Veni~u~ar
1. R~f-way a~ ea~ s~, ~ ~ ~ t~ C~ f~ a, ~r ~ streets.
~m~n~ tm~, ~1~ ~, ~ ~ ~u, K~ trm, ~ ~1~ drai~ge
f~il~
fac~ams (~ss-~t ~e, ~ f~r ~, ~c.) ~ ~ r~ u s~n on the ~ans
a~or
2. D~lication shall be rnacle of the leaowing ~1111-of-w~/on the I:mdmeter streets
(measure~l from ~tmet oentedlne):
total feel on
total leer on
3. An irmvocal~ offer of cll~tiCation for
for all private strletl or cldvee.
-fOOt wi~ fOl~Wly emrn~nt $1';11 be macle
SC.2/91
4. Non.vehicular aC~ll $Pmll be be~licat~l Io Ihe Cily for the leaowing streets:
5. Reciprocal access easements $11ail be provid~:l ensuring access to all parcels tW CC&Rs ~
or Dy ciae~s incI Sitall be reoo~le~l c~ncun~nll~ with the mid or p~r to the issuance ol
8of 12
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6. Private clrainage easements for cross-lot drainage snail I~e prov~e~ ancl snail i~e clehneatec~
or norad on the final map.
~ 7. The final map shall clearly delineate a 10-foot minimum t:)uilcling restriction area on the
neighl:x)dng lot adjoining the zero lot line wall ancl contain the following language:
"l/We hereby dedicate to the City of Rancho Cucamonga the r~ght tO prohibit the
construct/on of (residential) buildings (or otf'/er stn~ctures) w/thin those areas clesignatec/
on the ma~ as building restrict/on areas.'
A maintenance agreement shall also be grented Irom each lot to the adjacent lot through the
CC&R's.
8. All existing easements lying within future rights-of-way shell be quitclaimed or delineated on
the final mac).
9. Easements for I~blic sidewalks and/or street trees placecl outside the pu~ic rigid-of-way
shall be dedicated to the City wherever they encroach onto I:X'ivsto property.
10. Ack:litional street right-of-way shell be dedicated along right tum lines, to provide a minimum
of 7 feet meesure<l from the face of curry. If cu(o adjacent sld(wvalk is usecl along the right
turn lane, a parallel street tree ma~enance easement she, be provided.
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· The developer shall make a good faith effort to acquire the re(3Jire(I off-site pro~ly interests
necessa~/to construct the reduired pul:dic inT)mvements, and If he/she should fail to do so,
the developer shaft, at least 120 clays prior to IuIcxnittal of the final map for approval, eider
into an agreement to complete the irnprovernents pursuant to Government Cocle Section
66462 at such time as the City acquires the property internits required for the improvements.
Such agreement shell pfT)vide for payment by the bevalol:~ of all costs incurred by the City
to acquire the off-site property interests required in connection with the sutxtivision. Security
for a I:)ortlon of these costs Shell be in the form of a cash del)O$it in the amount given in an
al~)raisal redoft MXalned by the develober, at clevelop.f's cost. The apdatsar shall have
been approved by the City ~ to commencement of the aporaisal.
M. Street Impmvimenta
1. All I:X,m4iC irrll:)mvemeht$ (interior streets, drainage facilities, community trails, paseos,
lan(:lSCalD~ areas, Itc.) litown on the I:dlnl an(VOl tentative rn~ shah be conetmctecl to
City Standan:Is. Interior street imFxovemefls shell include, but are not limited to, cud3 and
gutter, AC pavement. ~ apptoache~, sidlwIks, ~ ligt"ll, ~ straIt trees.
2. A ~nimum of 26- foot wide pavement. wilhin 1 40 -foot wide cledicated right-of-way shall be
constructed fM all hall-lectk)n It/lets.
3. Constmcl Ihe foffowing I:)MIO~Ir stroll |~vlmel'l~ itlCIl~l~, ~ riot lllT~tlC110:
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COMM. Ii~DtN~ OI'H£R
Notes: (a) Meclian islar~ includes landscaping and irrigation on meter. (b) Pavement-
reconstruction and overlays will be cleterminecl clurlng plan check. (c) If so marke<L s~le-
walk Shall I:)e curvilinear per..S.TD. 304. (d) If so markecl, an in-lieu of construction tee shad
be provided for this item. (E')
Irnprovement plans and construction:
Street improvement plans including street trees and street lights, pf~!fecI ~¥ a regis-
tered Civil Engineer, shaJl be sulxnitted to and approved by tl'm City Engineer. Security
shall be posted and an agreement executed to the satisfaction o! tbe City Engineer and
tl~e City Attorney guaranteeing corrkoletion of the PUMc ancl/or private street im13rove-
ments, prior to final map approval or tim i~uanct of I~iiding permits, whichever occurs
first.
Prior to any work being performed in PUI:)IIO fight-of-way, fees shall be paid and a
construction permit el'roll be olXained from the City Engineor's Office in acidition to any
other permits requirecl.
c. Pavement striping, marking, traffic, street name signing, and interconnect conduit
shall be installed to tl'm satisfaction of t!~ City Er~r.
Signal conduit with pull poxes sl~all be inst~lled on any new construction or reconstruction
of major, secondary or collector streets wfiicfi irlemect with otl~or major, secondary or
collector streets for future traffic signals. Pull I~xe$ Shall be piaced on both sides of the
street at 3 feet outside of BCR, ECR or any other Iocatiom aOl~wea ~ the Ci~ Engineer.
Notes:
(1) AJI pull boxes shall be No. 6 unlem Otl~lrwisl specitie(I by t~e City Engineer.
(2) Conduit shall be 3.inch galvanized ~teel w#h pullrope.
e. Wheel cl'mir raml:~ el'roll be intoalibi on al four come~ at inlers~ctions per City
,Standams or as directed by tM City Engineer.
-Existing City macIs m<:lU'a~ng construction Ihal remain o~en 1o traffic at all times with
adequate clMourl during conlt~limt A la'eel C~lUm ~ may pe rlquirea. A cash
refunded Ul=On complmt~n of tt~ coMm.~clion to Ihe sl,'da_t~n of ttm City Engineer.
g. Concentrated (trainage flows illall not ~ sid~wa~t. Under $idewa~ draine sitall be
instailed tO Cily Startdial, exOMX for single fallfily k:Re.
h. Handicap aceera ramp design sha, pe u ~ by tl~e City Engineer.
i. Street names N~ail bt Ippmrvecl by the City PlatraM ;~ior to s~l=miltai for first plan check..
5. Sireat improvemarl pla~ per City Stargla~l for all ~l a~s ~ ~ p~ for
rev~ a~ ~ai ~ t~ C~ E~. P~ to ~ ~ ~ ~ on ~ ~-
E~¢s ~ ~ ~t~n to ~ o~ ~1 ~.
6. Slreet trees, a minimum of 15-gallon size or larger, snail be in~tail~l per City Standarcls in
accon~ance witl~ tl~e City's street tree txogram.
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S(~ - 2/9l tool 12
J 7. Intersection line of site c~es~ns shall De reviewecl by the City Engineer for conformance wrth
acloptecl policy.
a. C)n coilactor or larger streets, lines of s~gl~ shall be Diorted for all project intersections,
including cldveways, WallS, signs, ancl slopes shall be located outs~e the lines of sight.
L.andsc&oing and other obstructions within the lines ot 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.
a. permit snail be o~ained from CALTRANS for any work within tl~e following rig~-of-way:
/ /.
/ /
/
9. All public improvements on the following streets shall be operationally complete prior to the
issuance of building permits:
/ /
N. Pu1311c Maintenance Area~
1. A seDarale set of landsCalm and i~1on ~ans ~r E~i~d~ ~bl~ Wo~ Sta~r~s
shall ~ submM~ to t~ C~ E~i~r for rev~ a~ ~mval p~r to final ~p ~mval
or is~a~e of ~i~i~ ~s, wh~r _~Jm fi~. ~ ~i~ ~ ~ays,
m~ians, ~s~s, ease~n~, trai~, or o~r areas am m~i~ to ~ an~x~ imo the
La~ Mai~e~e. Di~: ._
._../ /
~'/2. A signed consent and waiver form to join and/or form tim a1313mpdate Landscape and Lighting ~ /
Districts shall be filed with the City Engineer p~ior to final map apt3mval or issuance of building
permits whichever ~__~_,rs first. Formation ~osto shall be borne by the developer.
3. All requiredl~ubliclandscaping and irrigation sy~tem~ shellbe continuously maintained by the / /
developer until accepled by Me City.
4. Pa~t(way landscaping on the lollowing ar#t(s) sMII oonlorm to Me results ot the respective
Beaufification Masler Plan:
O. Drainage
The project (or pertlone thereat) is located wltl~in a ~ I-I~a~ Zone; therefore, 11ood ~ /
protection measure~ ~ I~e pmv~led a~ centtied by a registerri Civil Engineer and
a :m3ve W me r=ng eer.
2. It shall be the develogees re&!3ormibialy to have the curtertl FIRM ~ ~ /
des~ m~ f~ t~ ~ area. ~ ~s ~er s~11 ~e all
of M~ Rayisdn (CLOMR) s~B ~ ~i~ ~m FEMA ~ ~ I~l ~ ~val or
issua~ of ~i~i~ ~s, ~vlr ~m f~. A L~ ~ M~ Re~n (L~R) shall
~ is~ by FEMA ~r to ~~ or i~mve~ ~~, ~er ~rs first.
2/9!
A fina~ clrainage study Shall be sula~n~ed to and ag13mved by ~ City Engineer prior to final
map aDIxoval or the issuance of building permits, whichever occurs lirsl. NI drainage
facilities shall be installed as rm3uirecl by the City Eng~naer. ~'~' ~',~-07'~'-~-7-/A,,~J ~'
ii oft2
4. A permit from t~e County Floocl Control District is required for work within rtsngnt-of-w~y.
5. 'Trees are prohibited within 5 feet of the outside cliameter of any public storm drain pipe
measured from the outer eclge of a mature tree trunk.
6. Public storm drain easements shall be graded to convey ovaallows in the event of a
blockage in a sum13 catch basin on tf~e 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 unclergrouncl) in ac~.rclanca with the Utility
Standards. Easements shall be provided as required.
The developer shell be responsible for the relocatlon of existing utilities as necessary.
3.Water and sewer plans shell be designed and constructed to meet the requirements of the
Cucamonga County Water District (CCWD), Rancl~ Cucamonga Fire Protection District,
and the Environmental Health Depa~lment of the County of San Bernardino. A letter of
comDllance from the CCWD is reduired ptior to final mad approval or issuance of pare'tits,
whichever occurs first.
/
./ /
__./ /
/ /__
O. General Reclulrementl and Al~rovall
1. The separate parcels containecI within the project beunciehe$ shall be legally combined into
one pamel prior to issuance of building permits.
2. An easement for a joint use driveway shall be provided I~or to final mad aDIXOVal or
issuance of building permits, whichever ocours first, for:
3. Prior to apDroval of the final m~o a ciepo$it shell be posted with the City coveting the
estimatecl cost of apl:X)rtioning the IS~mentl under A!~eslmenl Disttict
among the newly created parcels.
4. Etiwancla/San Sevaine Area Regional Mainline, Seconc~ Regional, and Master Plan
Drainage Ffis Sllail be Hid I~ to final ~ apDrovai or prior to building permit issuance if
no m~o is involved.
5. Permits shaft be o~aine~l from the 1o,owing agentill Ior wo~ witffin Iheir right-of-way:
./ /
/ /
6. A signal ~ort~enl and waiver form to join arC/or form the Law Ehtomement Community
Facilitie~ ~ shall be filed with the City Enginee~ imor to final ~ al;q~rovai or the
issuance of I~liding I~, w-ttiCl~ver occu~ flint. Fon~stion Costs ~ be berne by the
Develoeer.
Prior to finaltzation of any develoDment pttase, sufficient imlxovemenl p4an~ sheJl be com-
pleted beyond the ~ beundahe~ to a~ura ~ec~ndmy acc~ and drainage IXOt~'tlon to
the sat~action of tl~ City Engineer. Phalt bouncllrit~ ~ coffl~=~cl to lot lines Shown
on me apl~)vecl lentalive map.
SC - 2/g I
12 of 12
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW
FOR TENTATIVE TRACT NO. 13796, THE DEVELOPMENT OF 111
CONDOMINIUMS ON 7.92 ACRES OF LAND IN THE MEDIUM
RESIDENTIAL DESIGNATION (8-14 DWELLING UNITS PER ACRE)
OF THE TERRA VISTA PLANNED COMMUNITY, LOCATED ON THE
SOUTH SIDE OF MOUNTAIN VIEW DRIVE, EAST OF MILLIKEN
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN:
227-151-32.
A. Recitals.
(i) Lewis Development Company has filed an application for the
Design Review of Tentative Tract No. 13796, as described in the title of this
Resolution. Hereinafter, the subject Design Review request is referred to as
"the application."
(ii) On September 8, 1993, the Planning Commission of the City of
Rancho Cucamonga held a meeting to consider the application.
{iii) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced meeting on September 8, 1993, including written
and oral staff reports, this Commission hereby specifically finds as follows:
(a) That the proposed project is consistent with the
objectives of the General Plan; and
(b) That the proposed design 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 design is in compliance with each of the
applicable provisions of the Development Code; and
(d) That the proposed design, 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.
PLANNING COMMISSION RESOLUTION NO.
DR TT 13796 - LEWIS DEVELOPMENT
September 8, 1993
Page 2
3. Based upon the findings and conclusions set forth in Paragraphs
i and 2 above, this Commission hereby approves the application subject to each
and every condition set forth below and in the attached Standard Conditions,
attached hereto and incorporated herein by this reference.
Plannin~ Division
(1)
Wrought iron fencing shall be provided between buildings
20 and 21. The final location shall be shown on the
landscape plan which is subject to review and approval by
the City Planner prior to issuance of building permits.
4. The Secretary to this Commission shall certify the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTEST:
Brad Bullet, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 8th day of September 1993, by the following vote-to-wit:
AYES:
COMMISSIONERS:
NOES: COMMISSIONERS:
ASSENT:
COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #:
SUBJECT:
APPLICANT:
LOCATION:
Those items checked are Conditions of Apfxoval.
APPLICANT SHALL CONTACT THE PLANNING DNI$1ON , (714) 98~,1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Limltl c_~ ~-,-
f 1. Al:~)roval 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 al~roval.
2. Development/Design Review shall be aplxoved prior to I / / /
3. Approval of Tentative Tract No. is granted subisct to the approval of / /
4. Thedeveicpershallcommence, parttcipatein, andconsummateorcausetobecommenced, ---/ /
participated in, or consummated, a Me#o-Roo~ Community FsciliUes District (CFD) for the
Rancho Cucamonga Fire Profaction Dtatrk:t to Ithanoe construction and/or maintenance of
a fire station to serve the deveiol~ment. The station N~11 be iotated, designed, and built to
all specIfications of the Rancho Cuc, amonga Fire Protection District, and shall become the
District's property upon cornpillion. The equipment shall be selected by the District in
accordance w#h its neeall. In any building of I station, the developer shall com131y with all
ap131icable laws and regulations. The CFD shell be formed by the District ~ the developer
by the time recordation of the final map occurs.
5. Prior to recordation of the final rnap or the issuance of bulkling pan~ts, whichevercomes / /
first, the applicant shall consertl to, or participate in, the establishment of a Melio-Roos
Community Facilities DWiIot for the cxmatnJctton and maintenance of nsceMar/school
facilities. However, if any school dil~ct has previously tst~blished such a Community
Facilities District, the ap~nt shall, in the Memativl, con~ent to the annexation of the
project site into the tenitory of such existing Diat~ prior to the r¢.,~o,'dation of the final map
or the issuance of building patrolS, whichever cornas lira. Fwlher, if the affected school
district haS not formed a MeIo-Roos Community Facialies Dist~:=t within twelve months from
the date of approval of the project and prior to the re~3~dation of the final rna~ or issuance
of building permits for said I~, this ~ondition shall be deerned null And void.
sc-2/91 I 4r ~
This condition shall be waived if the City receives notice that the applicant and all affected
school districts have enter~ into an agreement to privmely _ac~_o__ minedeta any and all school
impacts as a result of this project.
o
Prior to recordation of the final map or prior to issuance of building permits when no map is
involved, written certification from the affected water d~rict that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the
Department of Community DeveiopmanL 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 issuance
of permits in the case of all other residential projects.
__/ /
B. Site Development
1. The site shall be developed and maintained in a-~.~rdence with the approved plans which
include ~e plans, architectural elevations, exterior materials and colors, landscaping, sign
program, and grading on file in the Planning Division, the conditions contained herein,
Deveioprnent Code regulations, and
Specific Plan and
Planned Community.
/ /
2. Prior to any use of the project site or business aotivity being commenced thereon, all
Conditions of Approval shall be completed to the satisfaction of the City Planner.
/ /
/
,/
Occupancy of the facility shall not commence until such time as all Uniform Building Code and
State Fire Marshall's regulations have been complied with. Prior to occul:mncy, plans shall
be submiffed 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
Revised site plans and building elevations incorperating all Conditions of Approval Shall be
submitted for City Planner review and approval prior to 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 oi a custom lot subdivision, or
approved use has commenced, whichever ~ fk~t.
6. APlxoval of this request shall not waive comp~ with all sections of the Devalopment
Code, all other apl:WGabla CIW On:ik~nc#o and appl!~ CommunNy Plans (x
Plans in effect at the time of Building Pennll Issuance.
A detailed on-site lighting plan shah be reviewed and approved by the City Planner and
Sheriffs Depafimem (989-6611) prkx to the issuance of building permits. Such plan shall
indicate style, illumination, location, heigN, and method of shielding so as not to adversely
affect adjacent pmpMtlas.
,/
,/
8. If no centralized trash receptacles am provided, all trash pick-up shall be f(x' individual units
with all re~,eptaoMs shlaided from public view
9. Trash recel~aCla(s) am required and ~ meot C#y standard. TI~ final design, locations,
and ~e numar of trash recefXaclas shall be su~ to City Ptmmer revia~ 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 con~ination of
concrete or masonry walls. barming. and/or landscaping to the satisfaction of the City
Planner.
_ /
/__
SC-2/91
,/
11. Street names shell be submitted for City Planner review and approval in accordance with
the adopted Street Naming Policy prior to al:~)roval of the final map.
12. All beiidlng numl~rs and individual units shell 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 appmvalpriorto 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 Restrictions (CC&Rs) shall not prohibit the keeping of equine
animals where zoning requirements forthe keeping of said animals have been met. Individual
lot owners in subdivisions shall have the olXlon 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 Restrictlone (CC&Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shell be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever _oc~_Jrs first. A recorded copy shell be
provided to the City Engineer.
16. All parkways, open areas, and landscaping shell be pmmanently maintained bythe propeW
owner, homeowners' association, or other meane ~ to the City. Proof of this
landscape maintenance shell be submitted for City Planner and City Engineer review and
approval prior to issuance of building parma.
/ /
/ /
/ /
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._J /
17. Solar access easements shall be dedicated for the puq~oss of assuming that each lot or
dwelling unit shall have the right to receive sunllgN across adjacent lots or units for use of
a solar energy system. The easements may be confined in a Declaration of Restrictions for
the subdivision which shell be re~::~rdad concurrently ~ #~ r~:~detlon of the final map or
issuance of permits, wfiichaver comes first. The easements shall prohibit the casting of
shadows by vegetation, smJctures, fixtures oran,/other object, excelX for utility wires and
similar ol:(jects, pursuant to Doveiop,,~snt Code Section 17.08.060-G-2.
18. The project contalne a designated Hislorloal Landmark. The site shall be develol:NKI and
maintained in accordance with the Histodc LanelinE1( AReration Permit No.
· Any further modifications to the Me including, but not Iknited to. exterior alterations ancl/or
int emr alterations which affect Ihe exterior of the tmildin~ or structures, ramoval of landmark
trees,, dernolitlon, relocation, reconstruction of buildings or structures, or changes to the site,
shall require a morlttloatlon fo the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
C. Building Design
An allemative energy system is required to provide domestic hot water for all dwelling units
and for heating any swimming ~ or spa, unless ofhar alternative ene~y systems are
demonstrateelto beof equivalent capac#yand efficiency. Nlswk,,,ilngpoois inetalkKI atthe
· time of initial development shell be suppleroamed w#h solar Mating. Detall~ shell be
included in the building plans and shall be submitted for City Planner review and approval
prior to the issuance of trailcling permits.
All dwellings shell have the front, side and mar elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment sul:~eof to City Planner
review and approval prior to issuance of building permits.
3 eg,~
SC o 2/9 i
__/ /
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.
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 Acceee (Indicate detatla on bullcling plane)
· // 1. All parking lot lanclacape islands shall have a minimum outside dimension of 6 feet and shall
contain a 12-inch walk adjacent to the parking stall (including curb).
//
Textured pedestrian pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwelings/units/buitdinga with open spaces/
plazas/recreational uses.
3. All parking spaces shall be double striped per City standards and all driveway aisles,
entrances, and exits shall be striped par City stanclarde.
4. NI units shall be provided with garage door openers if driveways are less than 18 feet in
depth from back of sidewalk.
o
The Covenants, Conditions and Restfictibns shall restrk:t the storage of recreational vehicles
on this site unless they are the IXincipal soume of tranaponatibn for the owner and prohibit
parking on ~tedor circuMtion aisles other than in designated visitor paddng areas.
o
Plans for any security gates shall be sutxnitted for the City Planner, City Engineer, and
Rancho Cucamonga Fire Protection District review and apGXOVal prior to issuance of building
parmits.
/ /
/ /
E. I.~nd~,~plng (for pul~llcly It~lnt~th~:l laltg:J~11~ ~ mf~r to S~'tlofi N.)
A detailed landscape and in~gation plan, inckxing siopa pearrang and modat home tandecap-
ing in the case cd residential developmere, shall be prepared by a licensed landscape
architect ancl submitted for CRy Planner revlewanclappmval I:Morto theissuancoof building
permits or prior firill map aGqxovat in the c~e of a custom IM sulxlivlaion.
2. Existing trees required to be preeerved in place shall be protooted with a conatmotion hamer / /
in accorclance w#h the MuntcipaJ Code Section 19.08.110, and su noted on the grading plans.
The ibcatJon of those trees to be pmeewecl in place aml new lecatiom for traneplanted trees
shall be $howfi ort the detailed landec, a~o piens. Tho al~dicafil Shah follow all of the arborist's
recommendatior~ rogercling preMrvation, transplanting and tdmming mathode.
3. Aminimumof ~ treespargrossacm,compd~Klofthefoitowingsizee, shatl be provided ---/ /
within the project: -"- % - 48. inch hox or I~r, /~ % - 3~- inch box or larger,
/d _%-~4-incl~13oxorlarg~, ~ %-15-gallon, ancl -- %-Sgallo~
4. A minimum of % of trees plantocl within the project shall be specimen size trees -
24-inch box or larger.
5. Mr~hin parking lots, trees shall be planted at a rate of one 15-gaJion tree for every three
parking stalls, sufficient to shade 50% of the parking atom at solar noon on August 21.
/ /
sc- 2/91
,/
sc-2/9t
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.
All private slope banks 5 leet 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.
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 intgated for erosion control and to soften their appearance as
follows: one 15.galion or larger size tree per each 150 sq. ft. of sict~e area. 1.gallon or larger
size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In acldition, 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. if. 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
For single family residential development, all slope planting and intgation shall be continu-
ously 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 satistactory
condition.
10. For multHamily residential and non-residential development, property owners are raspon-
sible for the continual malmenance of all landacapeq areas on-site, as well as contiguous
planted areas within the public right-of-way. All landecapeq areas shall be kepl free from
weeds and debris and maintained in a healthy and thriving condition, and shall receive
regular pruning, tertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the (late of damage.
11. Front yard landscaping shell be required per the Development Code and/or
· This requirement shell be in addition to the required
street trees and sk:~e planting.
12. The final design of the perimeter pa~ways, walls, landacaplng, and sidewalks shall be
included in the require(I lan~ plans and shall be ~ to City Planner review and
approval and coordinate<l for consistency with any pa~way landsca,rig plan which may be
required by the Engineering Divlsio~.
13. Special landscape featuras such as mounding, aJluvial rock, sl~c, imen size trees, meander-
ing sidewalks (witIt horiz~al chengo), and intenslli~l landscaping, ls required along
Com~euoe Da,,':
---./ /
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/ /
/ /
/ /
14. Landsc.,al:~rlg alld in'igation ~/~terns reCluir~ Io be installs(I within the publk= rigl'l-of-way on
the perimeter of this proiect area shall be continuously malntalne(I by the developer.
15. All walls Shell be pmvicleq with decorative treatment. If located in public maintenance areas,
the design shall be coon:linata<l with the Engineering Division. ..
16. Tree maintenance criteria shell be devek)l~e(:l and submitted for City Planner review and
appmvat prior to issuance of building permits. These crlleria shall encourage the natural
growth cl~aracteristics of the selected tree spe~as.
~ 17. Landscaping and irrigation shall be designe(I to conserve water through the principles of
Xeriacape as defined in Chepler 19.16 of the Rancho Cucamonga Municipal Code.
/ /
/ /
/ /
F. Signe
,/
The signs indicated on the submitted plans are conoeplualonly and not a part of this approval.
Any signs proposed for this deveioprnen! shall comply with the Sign Ordinance and shall
require separate application and approval W 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.
Directory monument sign(s) shall be provided for apartment, condominium, or townhomes
prior to occupancy and shall require separate applioation and approval by the Planning
Division prior to issuance of building permits.
G. Environmentat
The deveiopar 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 ac__.ce_pting a
cash deposit on any property.
C,~e=oe
/ /.l
/ /
/ /
__Y /
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.
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 propeW.
A final acoustical roport shall be submitted for City Planner review and approval prior to the
issuance of building parmits. The final report shall discuss the level of interior noise
attenuation to below 45 CNEL, tha bullcling matehals and conatructlon tacfiniques provided,
arid if al:~ate, verify the adequacy of the mitigation measures. The building plane will he
checked for conformance with the mitigation measures contained in the final report.
H. Other Agoncle~
u// 1: Emergenu"yse~orglarya~eassl~llbeprovidedin _~3~:',~l~ncowithRanohoCuoamongaFire
Protection District Slandard~.
Emergency access shall be provided, malnfenence free and clear, a minimum of 26 feet wide
at all times during cofiattIJction in aocordance wtlh Rancfio Cuoamonga Fire Protection
District requirements.
3. Prior to i~uanco of building permits fo~ com13uatibie c~tatruction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for
fire proteCtlOft is available, pending completion of required fire I:XOtoctiofi system.
/,
,/
,/
The appacam sha~ confaro me U.S. Poatai Sewlee to detarmme the aplxopdate type and
location of mail boxee. Muiti-famity residenflai c~valoGk,,c,ds shall I:mwide a solid overload
structure for mall boxes with adequate ilgNing. The final iocatto~ of ttm mall boxee and the
design of the overtmad atruc~ure shall be sul:~ct to C~y Planner review and approval prior
to the issuance of building permits.
/ /
/ /
/ /
---/ /
SC-2/91
o
For projects using septic tank facilities, written certitication of accoplal~lib/, including all
suppofiive information, shall be oblainad from Ifie San Bemarcilno Counfy Department of
Environmanfai Health and submlttad to the Building Olfiotai IMor to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
/ /
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
~C_OMPUANCE WITH THE FOLLOWING CONDITIONS:
Cornel. eta. on D.~:
site Devek)pment
'// ~. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mecheni-
cal 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
appl~13is handouts.
__/ /
2. Prior to issuanco of building permits for a new residential dwelling unit(s) or major addition/ /
to existing unit(s), the applicant shall pay devek~ment fee~ It the established rIte. Such fees
may include, but am not limited to: City Beautificition Fee, Park Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of building permits for a new commercial or industdal development or ~ /
addition to an existing development, the N~dicant shall Fray develdpment tees It the
established rIte. Such fees may include, but are not limited to: Systems 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 i~uance of building permits.
J. Existing Structure~
1. Provide compliance with the Uniform Building Code for the property line clearances ~ /
considering use, area, and tire-reeistivene. of existing buildings.
2. Existing buildings shall be marie to cornply with correct building and zoning regulations for _i/ /
the intended use or the building shall be demolished.
3. Existing sewage cilaOosal facilities shah be removed, filled and/or cal~ to comply with the
Uniform Plumping Code and Uniform Building Code.
4. Underground on-site utilities are to be located and shown on building plans su13mitted for
building permit application..
/ /
K. Grading
,/ 1.
Grading of the subject pfopMty shill be in ~ with the Urdfofm Building Code, City
Grading Standards, and accepted grading practices. The final grading plan shall be in
suhetanti~J coNormance with the aqxoved grading plan.
A soils repo~ shall be prepared by · qualified engineer licensed by the State of Calitomia to
perform such
___/ /
3. The deveiopment is ldcated within the soil erosion control boundaries; a Soil Oistud3ance
Permit is required. Please contact San Bernardino County I~of Agriculture at (714)
387-2111 for ;)efTnit al~licition. Documentation of such RefTnit shall be submitted to the City
/ /
SC - 2/91
o
A geological repon shall be I~'epared by a qualified engineer or geologist and submitted at
the time of application for grading plan chick.
The firml gracling plans shall becornl)ieted and ap[xovedlxiorto issuance of building permits.
6. AS a cuiiOm-iot subdivision, the following requirements shall be met:
a. Surely shall be posted and an agreement executed guaranteeing completion of all on-site
clralnage facllitle~ necessa~/lot clewatorlng all parcels to the satisfaction of the Building
and Safety Division p~orto final map approval and Ixior to the issuance of grading permits.
b. Appropriate easements for safe disposal of drainage water that are conducted onto
or over adjacent parcels, are to be delineated and reoorded to the satisfaction of the
Building and Safety Division prior to i~uance of grading and building permits.
c. On-site drainage improvements, necessa~/for dewatering 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 IxJiicling and grading permits. (This may be on an
incremental or composite basis.)
C~mnleUo~ Dalz:
.__/ /
/ /
__/ /
e. All slope banks In excess of 5 feet in vertioaf heighl shall be seeded with native grasses ~ /
or planted with ground cover for erosion control upon ~pletion of grading or some other
alternative methodof erneiencontrol shall be complMed to the satiMaction of the Building
Official. In acldltion a pemmnent irrigation ~/stem shall be pmvtbed. Thie requirement
does not release the applicant/deveioper from ooml~lance with the slope planting
requirements of Section 17.08.040 1 of the Development Code.
APPUCANT SHALL CONTACT THE ENGINEERING DNISION, (714) ~8e-1~2, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
L. Dedication ane Vehicular ~
1. Rights-of-way and easements shall be dedicated to the C~y for all imedor publk: streets, ~ /
community trails, public 1;:~1~4~1, publio landac"lFe areal, ~trelt trl~, and public drainage
facllitie~ as shown on the plans and/or tentative ma~. Private eealment~ for non-pu134tc
facililies (~-Iot drainage, local feeclef Irails, elc.) ~ be rasen~<l as shown on the plans
and/or tentative map. ~
2. Dedication stroll be made of the foilroving dgNs.of-way on tha perimeter streets ---J /
(measured from ~treet ~ontefllne):
totaf feet on
tofaf feet on
total feet on
3. An irm~offoroflJedicationfor --/ /
for all p~vate streets or d~.
4. Non.vehicuJ' acce~ sl~all be deolcae(I to the Cay for the foaowing mmets: ..--/ /
-fool wide roadway ealemenl shall be made
SC - 2/91
5. Reciprocal a~cass easements sha, be provk~l ensuing ax:ess to all parcels by CC&Rs
or by dem:ls and shall be reoorcled concurrently w#h the map or ~ to tt~ issuance of
./ /
U U Ld L~TM
orth
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
September 8, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planne~
Nancy Fong, AICP, Senior Planner
CONDITIONAL USE PERMIT 88-12 - WESTERN PROPERTIES - A request to
amend the approved Uniform Sign Program for Terra Vista Town
Center, located at the northeast corner of Foothill Boulevard
and Haven Avenue.
At the Planning Commission meeting held on August 25, 1993, the Commission
raised concerns with the size and height of the proposed signs. The
Commission continued this item to tonight's meeting so that the applicant
could show a mock up of the proposed sign at the traffic circle for staff
and Commission review. On September 1, 1993, staff and two members of the
Commission (McNiel and Vallette) viewed the proposed mock-up sign. Staff
video taped the sign and will be showing it at the meeting for Commission
review. Attached for reference is the August 25, 1993, staff report.
BB:NF:gs
Attachments: Exhibit "A" - August 25, 1993, Planning Commission staff
report
ITEM F
DATE:
TO:
FROM:
BY:
SUBJECT:
August 25, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planner
CITY OF RANCHO CUCAMONGA
STAFF REPORT
Nancy Fong, AICP, Senior Planner
CONDITIONAL USE PERMIT 88-12 - WESTERN PROPERTIES - A request to
amend the approved Uniform Sign Program for Terra Vista Town
Center, located at the northeast corner of Foothill Boulevard and
Haven Avenue.
ABSTRACT: The purpose of this report is for the Commission to review and
approve the proposed identification signs for the Food Court.
BACKGROUND: The Commission approved the original Uniform Sign Program for
Terra Vista Town Center in February 1989. The Commission has amended the
Uniform Sign Program three times since then, including signs for the theatre,
Montgomery Wards, Service Merchandise, and various secondary identification,
directional, and pedestrian signs for the center.
At the time of the last two amendments, the applicant proposed pylon signs to
identify the Food Court, and those signs were rejected by the Commission.
However, the Commission indicated to the applicant that it would not object to
the concept of providing additional identity for the Food Court. The
applicant has redesigned the identification signs for the Food Court, which
are described and analyzed in the following section. Color renderings of the
signs will be available for Commission review at the meeting.
ANALYSIS:
ae
Proposed Food Court Identification SiGns: The applicant indicated that
there is a need to create an identity for the Food Court because it is set
too far back from Foothill Boulevard. The applicant proposes to add three
monument identification signs and one wall sign for the Food Court, as
shown on Exhibits 3, 4, and 5. Signs A, B, and C are to be located in the
traffic circle (see Exhibits 3 and 4). Sign D is to be placed on the
north elevation of Building W (see Exhibit 5). The proposed design is a
round emblem with ribbons flaring out on each side, as in a bow, with the
Terra Vista Town Center logo in the middle. The monument signs are made
of aluminum material and mounted onto pipe railing supported by a low,
decorative wall. The monument signs are lit externally while the wall
sign is internally illuminated.
DesiGn Issues: The design of the Food Court identification sign is very
festive looking. It will add interest to the traffic circle and also
create an identity for the Food Court. The design of the low decorative
wall and the pipe railing fence is consistent with the theme established
PLANNING COMMISSION STAFF REPORT
CUP 88--12 - WESTERN PROPERTIES
August 25, 1993
Page 2
in the center. It will provide a pleasing backdrop for the signs. With
regards to the proposed wall sign, the sign is too big for the space
provided, causing the round portion of the sign to extend above the roof
and below the colonnade opening. The Sign Ordinance does not allow any
sign to project above the roof. Alternatives would be to: 1) reduce the
wall sign proportionally to fit the wall, 2) use a monument sign along the
street, or 3) use 24-inch letters in a wall sign identifying "Food Court."
Policy Issue: The proposed monument identification signs are higher and
bigger than any signs in the City. This brings forth a policy issue as to
how tall and how big a sign can be, given there are no specific
requirements because of the "Regional Center" status. The acceptance of
the proposed signs for their height and size will set a tone for future
signs.
RECOMMENDATION: Staff recommends that the Planning Commission conceptually
approve the proposed signs through minute action with the following
conditions=
1. The materials and colors for the low decorative wall and the pipe
railing shall be consistent with the established theme in the center.
A revised landscape theme within the traffic circle, that may include
the addition of tall shrub massing, colorful ground cover in front of
the sign, etc., shall be developed subject to City Planner review and
approval
3. The proposed wall sign for the Food Court shall be revised for City
Planner approval consistent with Commission discussion.
The proposed signs A, B, C, and D shall be renamed as Sign V - Food
Court Identification Sign Type, consistent with the format established
in the Uniform Sign Program. Revised plans shall be submitted to the
Planning Division for review and approval.
Respectfully submitted,
City Planner
BB:NF.*gs
Attachments:
Exhibit I - Location Map
Exhibit 2 - Sign Placement Map
Exhibit 3 - Proposed Sign A
Exhibit 4 - Proposed Signs B and C
Exhibit 5 - Proposed Sign D
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