HomeMy WebLinkAbout1993/11/10 - Agenda Packet1977
WEDNESDAY
CITY OF
RANCHO CUCA~
PLANNING COMMISSION
AGENDA
NOVEMBER 10, 1993
7:00 P.M.
RANCHO CUC~M~ONGA CIVIC CEIq~ER
COUNCIL CHAMBER
X0500 CIVIC CEN~ER DRIVE
RANCHO CUCA~ONGA, CALIFORNIA
II.
III·
I. Roll Call
Commissioner Chitiea
Commissioner McNiel
Commissioner Melcher
Commissioner Tolstoy
Commissioner Vallette
Approval of Minutes
October 27, 1993
IV. Consent Calendar
The following Consent Calendar items are expected
to be routine and non-controversial. They will be
acted on by the Commission at one time without
discussion. If anyone has concern over any item,
it should be removed for discussion.
ae
DEVELOPMENT REVIEW 93-11 - STEVE FALK - The
development of a 6,626 square foot single
family residence on 0.78 acre of land in the
Very Low Residential District (less than 2
dwelling units per acre), located at 5044
Laredo Place - APN: 1061-801-08.
V. Public Haarings
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.
Be
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
September 8, 1993)
C. CONDITIONAL USE PERMIT 93-41 - TRANSAMERICA
- A request to establish an outdoor storage
yard on approximately 13,000 square feet
located at 9823 Crescent Center Drive in
the General Industrial District (Subarea 5)
of the Industrial Area Specific Plan -
APN: 210-071-55.
D. MODIFICATION TO ENTERTAINMENT PERMIT 91-02 -
SAM'S PLACE - A request to modify the
entertainment permit by allowing entertainment
on Sunday and adding entertainment consisting
of live bands with 5 or more members, disc
jockey, and karaoke, in conjunction with a
restaurant and bar located at 6620 Carnelian
Avenue in the Neighborhood Commercial District
- APN: 208-811-56 through 60.
E. CONDITIONAL USE PERMIT 93-47 - SAM'S PLACE - A
request to establish an amusement arcade in
conjunction with a restaurant and bar located
at 6620 Carnelian Avenue in the Neighborhood
Commercial District - APN: 208-811-56 through
60.
F. CONDITIONAL USE PERMIT 93-45 - HILDENBRAND - A
request to establish a stress reduction clinic
within an existing industrial complex in the
Industrial Park Designation (Subarea 6) of the
Industrial Area Specific Plan, located at 8645
Haven Avenue, Suite 550 - APN: 209-144-54.
G. DEVELOPMENT CODE AMENDMENT 93-01 - CITY OF
RANCHO CUCAMONGA - A request to establish
standards and locations for adult oriented
businesses.
VIT.
TENTATIVE TRACT 15594 - LEWIS HOMES - A
modification to Tract 13717 to subdivide the
northern portion of the site into 10 lots for
the development of 136 condominium units on 8.6
acres of land in the Medium High Residential
Designation (14-24 dwelling units per acre) of
the Terra Vista Planned Community, located at
the southeast corner of Spruce Avenue and Elm
Avenue - APN: 1077-791-01 through 09.
TENTATIVE TRACT 15595 - LEWIS HOMES - A
modification to Tract 13717 to subdivide the
southern portion of the site into 18 lots for
the development of 241 condominium units on
14.8 acres of land in the Medium High
Residential Designation (14-24 dwelling units
per acre) of the Terra Vista Planned Community,
located at the northeast corner of Church
Street and Spruce Avenue - APN: 1077-801-01
through 11.
VI. Nev Business
DESIGN REVIEW FOR TENTATIVE TRACTS 15594 AND
15595 - LEWIS HOMES - A modification to Tract
13717 to reduce the number of units from 394 to
377, to reorient buildings, and to redesign the
recreation buildings and amenity package for a
condominium project in the Medium High
Residential Designation (14-24 dwelling units
per acre) of the Terra Vista Planned Community,
located at the northeast corner of Church
Street and Spruce Avenue - APN: 1077-791-01
through 09 and 1077-801-01 through 11.
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
AT.& $.ft. mR
~r CITY HALL
CITY OF
RANCHO CUCAMONGA
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
November 10, ]993 STAFF REPORT
Chairman and Members of the Planning Commission
Brad Bullet, City Planner
Steve Hayes, Associate Planner
DEVELOPMENT REVIEW 93-11 - STEVE FALK - The development of a
6,626 square foot single family residence on 0.78 acre of land in
the Very Low Residential District (less than 2 dwelling units per
acre), located at 5044 Laredo Place - APN: 1061-801-08.
PROJECT AND SITE DESCRIPTION: The site is currently vacant and void of any
significant vegetation or natural features. The lot was rough graded with the
construction of streets and trails within Tract 11626. A majority of the site
now slopes at approximately 11 percent, although portions of the lot near the
southwest corner are close to a 25 percent slope. Curb, gutter, and a
driveway approach exist along the site frontage. Adjacent lots north and
south of the site are currently vacant. A 20-foot wide private equestrian and
drainage easement, constructed with Tract 11626, runs the length of the west
property line. A portion of Eucalyptus windrow also exists along the west
property line.
ANALYSIS:
A. General: This custom residence requires consideration of the Planning
Commission due to the proposed cut/fill in excess of 5 feet from the
existing grade south of the pool area and because slopes in excess of 15
percent exist on the property. The 6,626 square foot custom residence has
been designed to meet the technical aspects of the Hillside Development
Ordinance by fitting the house within the required building envelope and
stepping the residence with the natural slope of the terrain.
Furthermore, the steps in the finish floor level create a significant
amount of roof line variation, which helps reduce the mass of the house.
In addition, special consideration was given to create a design that has a
single story appearance as seen from Laredo Place. Finally, all proposed
retaining walls and significant slopes are in the rear yard and will be
concealed from view of the street by the house.
A three-car, side-on garage and circular driveway with decorative paving
is planned to further accentuate the streetscape view of the house.
Overall, the design of the house addresses all technical aspects of the
H[illside Development Ordinance and has been designed to be similar in bulk
and profile to other recently constructed or approved custom residences
within this tract.
ITEM A
PLANNING COMMISSION STAFF REPORT
DR 93-11 - STEVE FALK
November 10, 1993
Page 2
Design Review Co~ittee: On October 5, 1993, the Co~nittee (McNiel,
Melcher, Coleman) reviewed the conceptual plans and reco~ended approval
of the project subject to the following condition:
The height of the slope south of the pool and deck area should be
reduced so as to not exceed a maximum vertical height of 5 feet above
the existing grade. The slope reduction may be achieved by
introducing a retaining or seat wall along the south and west edge of
the pool area or stepping the pool deck area down a foot in the
affected area. The specific design solution to this issue should be
reviewed and approved by the City Planner prior to the issuance of
permits.
In addition, the Committee felt that the minor projection beyond the
building envelope did not require adjustment because the hip roof design
was designed to be sensitive to the natural terrain.
Grading Co~nittee: The Grading Co~nittee reviewed the project at its
meeting of June 15, 1993, and found the plans technically acceptable, but
recomended that the slope south of the pool and spa area be designed with
a more natural contoured appearance and reduced in height, similar to the
recommendation of the Design Review Committee.
RECOMMENDATION: Staff recommends that the Planning Commission approve
Development Review 93-11 through adoption of the attached Resolution.
City Planner
BB:SH:mlg
Attachments:
Exhibit "A" - Site Utilization Map
Exhibit "B" - Conceptual Grading Plan and Sections
Exhibit "C" - Conceptual Landscape Plan
Exhibit "D" - Building Elevations
Exhibit "E" - Floor Plan
Exhibit "F" - Roof Plan
Resolution of Approval with Conditions
...... """'"""' .....'i~UCAMONGA
PLANI~ING.. DrVISION
ITEM: D~ ~3-II ~
TITLE: S,~ LHr, I, z,-,u',,,., ~ N ~
~ ~' SCALE " --
E~ --
/
RESOLUTION NO.
A RESOLUTION OF TRE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW NO. 93-11, THE DEVELOPMENT OF A 6,626 SQUARE FOOT
SINGLE FAMILY RESIDENCE ON 0.78 ACRE OF LAND IN THE VERY
LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER
ACRE), LOCATED AT 5044 LAREDO PLACE, AND MAKING FINDINGS
IN SUPPORT THEREOF - APN: 1061-801-08.
A. Recitals.
1. Steve Falk has filed an application for the approval of
Development Review No. 93-11 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development Review request is
referred to as "the application."
2. On the 10th day of November 1993, the Planning Commission of the
City of Rancho Cucamonga conducted a meeting on the application and concluded
said meeting on that date.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows=
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced meeting on November 10, 1993, including written
and oral staff reports, this Commission hereby specifically finds as follows:
a. The application applies to property located at 5044 Laredo
Place with a street frontage of 77.27 feet and lot depth of 326.81 feet and is
presently improved with curb, gutter, and a driveway approach; and
b. The property to the north of the subject site is vacant, the
property to the south consists of vacant land, the property to the east is
developed with single family homes, and the property to the west is single
family residential; and
c. The project has been designed with elements recommended to
minimize the impacts of development in hillside areas, per the Hillside
Development Ordinance.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced meeting and upon the specific findings of facts
set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows:
PLANNING COM24ISSION RESOLUTION NO.
DR 93-11 - STEVE FALK
November 10, 1993
Page 2
a. That the proposed project is consistent with the objectives
of the General Plan; and
b. That the proposed use is in accord with the objectives of the
Development Code and the purposes of the district in which the site is
located; and
c. That the proposed use is in compliance with each of the
applicable provisions of the Development Code; and
d. That the proposed use, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
4. Pursuant to the State CEQA Guidelines, it has been determined
that the proposed project does not have the potential for causing a
significant effect on the environment. The project has been determined to be
exempt from CEQA pursuant to Section 15061(b)(3). The Planning Commission,
having final approval over this project, has reviewed and considered this
exemption prior to the approval of this project.
5. Based upon the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the
application subject to each and every condition set forth below and in the
Standard Conditions, attached hereto and incorporated herein by this
reference.
Plannin~ Division
l)
2)
3)
The height of the slope south of the pool and
deck area shall be reduced so as to not exceed a
maximum vertical height of 5 feet above the
existing grade. The slope reduction may be
achieved by introducing a retaining or seat wall
along the south and west edge of the pool area or
stepping the pool deck down a foot in the
affected area. All slopes shall be designed with
varying slope gradients, and rounded-off toe and
tops to provide a more natural appearance.
Material samples of the proposed brick pavers
shall be reviewed and approved by the Planning
Division prior to the issuance of building
permits.
The final landscape/irrigation plan shall include
sufficient landscaping to screen the structural
framework of the rear deck and the downslope
elevation of the residence, in addition to the
required front yard landscaping, as required by
the Hillside Development Ordinance to the
satisfaction of the Planning Division.
PLANNING cOMMISSION RESOLUTION NO.
DR 93-11 - STEVE FALK
November 10, 1993
Page 3
4)
The proposed retaining walls shall not exceed a
maximum height of 3 1/2 feet above proposed grade
as shown in areas downslope from the house, per
the Hillside Development Ordinance.
5)
A Minor Exception application shall be filed,
prior to the issuance of grading and wall
permits, for any combination block/retaining
walls along the side property lines that exceed 6
feet in height above average finish grade. Solid
walls shall in no case exceed 3 feet in the front
yard setback areas.
The existing local equestrian feeder trail shall
be cleared of all weeds and debris and all
erosion damage corrected subject to inspection by
the City Planner, prior to occupancy of the
residence.
Enaineerin~ Division
1)
Install the following parkway improvements;
obtain the required permits, and revise the
City's street improvement plans (Drawing No.
847). The parkway improvements shall be to City
standards, as approved by the City Engineer:
a)
Drive approsches and 15-gallon Liquid Amber
Styraciflua "Festival" street trees.
b) Concrete parkway water deflectors (splash
bars), as required.
The parkway grade shall slope 2 percent from
property line to curb.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTEST:
Brad Bullet, Secretary
PLANNING cOMMISSION RESOLUTION NO.
DR 93-11 - STEVE FALK
Nov~nber 10, 1993
Page 4
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 10th day of November 1993, by the following vote-to-wit:
AYES::
COMMISSIONERS:
NOES::
COMMISSIONERS:
ABSENT: COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
SUBJECT:
APPLICANT:
LOCATION:
Those items checked are Conditions of Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION , (714) ~8~.1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time LiraIll c,-.,;k~= [~.
/ 1. Approval shall expire, unless extended by the Planning Commission, if building permils are / /
not issued or approved use has not commenced within 24 months from the date of approval.
2. Development/Design Review shell be approved prior to / / __j /
3. Approval of Tentative Tract No. is granted subject to the ;kOlxOval of ._./ /
SC - 2/91
4. The deveioper shall comrnenoe, participate in, and consummate or cause to be commenced, / /
parlicipated in, or consummated, e Metk~-Roos Community FactliMas District (CFD) lot the
Rancho Cucamonga Fire Prolaction Distri¢l to finance constructfon and/or maintenance of
a fire station to sewe the development. The station shall be located, designed, and built to
all specifications of lhe Rancho Cucamonga Fire Protaction District, and shall become the
Oistrict's property upon completion. The equipment shall be selected by the Distdct in
accordance with its neede. In any building of a station, the developer shall comply with all
applicable laws and regulations. The CFD shall be formed by the District ancl the developer
by the time recordation of the final rr~o occum.
5. Palotto recordation of the final map or the issuance of building permits, whlchevercomes
first, Ihe al:~31icant shall consent to, or partioll:)ate in, the establishment of a Melk~-Roos
Community Facilities District lot the construction and maintenance of necessary school
facilities. However, if any sct~ol district has IXeVioU$1y established such a Community
Facilities District, the applicant shall, in the alternative, consent to the annexation of the
project site into the territory of such existing District prior to the racomelation of the tinal map
or I~he issuance ol building permits, whichever comas first. Further, it the affected school
district has not totmeal a Mello-Roo$ Community Facilities District within twelve months from
the date of a,oproval of the I:xojact and prior to the recordation of the linal map or issuance
o! building permits for said I:XOjeCt, this condition shall be deemed null and void.
I of "~
Com~e~o~ Da~:
This condition shall be waived if the C~ receives notice that the applicant and all affected
sctxx)l 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 shall be submitted to the
Department of Community Development. Such letter must have been issued by the water
district within 90 days prior to final map approval in the case of subdivision or prior to issuance
of parmits in the case of all other residential projects.
/ /
B. Site Developmere
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, Me 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 Marshall's regulations have been complied with. Prior to oc_~_,pancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection Dist~-t 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.
5. Allsite, grading, landscape, irrigatlon, and street lmprovement plans shall be coordinated for ---/ /
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.), or prior to final map approval in the case of a custom lot sulxllvision, or
approved use has commenced, whichever comes flint.
6. Approval of this request shall not wa~e cormaanm w~ ~1 sections of the Development / /
Code, all other applicable City O~linances, and agpllc-'-ie Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
7. A detailed on-alte lighting ~ shall be reviewed and approved by the City Planner and / /
Shedff's Depadment (989-6611) prior to tim issuance of building permits. Such plan shall
indicate style, illumination, location, heigN, and method of shielding so as not to adversely
affect adjacent propedles.
v/ 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units
with all receptacles shielded from bu131ic view.
/ /
9. Trash receptacle(s) are required and shah meet City standards. The final design, locations, / /
and the number of trash receptaclas shall be su13~ct to C#y Planner review and approval
prior to issuance of building permits.
SC - 2/9 !
10. All ground-mounted utility appurtenances such as transtormers, AC condensors, etc., shall
be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City
Planner. .~ ~?
~of '7
/ /_
v'
11. Street names shall be submiffed for City Planner review and approval in accordance with
the adopled Street Naming Policy prior to approval of the linal map.
12. All building numbers and individual units $11all 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 submiffed 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
al* trails, including fencing and drainage devices, in conjunction with street improvements.
14. The Covenants, Conditions and Restrictions (CC&Rs) shell not prohibit the keeping of equine
animals where zoning requirements for the keeping of said animals heve been met. Individual
lot owners in $ulxilvlsions shall have the option ot 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 of the Planning and Engineering
Divisions and the City Altomay. They shall pe recoiled concurrently with the Final Map or
prior to the issuance of building permits, whicftover ooours tirst. A recorded copy shell be
provided to !he City Engineer.
16. AJI parkways, open areas, and landscaping shell be permanently maintained by the property
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shell be su13rn~ed 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 here the dgN 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 s.ulxlivlsion which Shall be re(on:led concurrently wttll Ihe recordation o! the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, structures, fixtures or any oftlet objeot, oxcep~ for utility wires and
similar oi~s, pursuant to Deveiopmant Code Section 17.08.060-G-2.
18. The proieof contains a designated Hlatorical Landmark. The site shall be developed and
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further modifioations to the silo in~, but not limited to, exterior alterations and/or
interior alteraM which affect the oxlerfor of the buildings or structure/, removal of landmark
trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site,
shall Pequim a medificalimt to Ibe Historic Landmark AJtoration Permit subject to Historic
Preservation Cornmiseion review and approval.
/ /
/ /
/ /
C. Building Design
An alternative energy system is required to provide domestic hot water for all dwelling units
and for heating any swimming pool or spa, unlese other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All fw~lVlllng pools installed at the
time of initial development shell be supplemented with solar heating. Details sitall be
included in the I~.Jilding plans and shell be submitted for City Planner review and approval
prior to the issuance of IcxJiiding permits.
SC-2/91
All dwellings shall heve the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment su~eot to City Planner
review and approval prior to issuance of building permits.
C~¢t~o~ D~t~:
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 I~x~ilding permits.
V/ 4.
All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered from adjacent proparties and
streets as requirad by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satlstaction o! the City Planner.
Details shall be included in building plans.
O. Parking and Vehicular Acce~ (Indicate datatl~ on building plane)
1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall
contain a 12-inch wak adjacent to the parking stall (including curb).
/ /
Textured pedestrian pathways and textured pavement across circulation aisles Shall be
provided throughout the development to connect dwellings/units/buildings with open spaces/
plazas/reorestional uses.
/ /
3. All parking ;l~aces shall pe ¢1ouble strtpad par 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 drtveways are less 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 transportation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
/ /
6. Plans for any security gates shall be sui~mitled for the City Planner, City Engineer, and ---/
Rancho Cucamonga Fire Protection Disreact review and al:~:~val prior to issuance of building
permits.
E. landscaping (for pul~llcly matntalned landacape aree~ refer to Section N.)
1. A detailed landscape and inigation plan, including siopa planting and nxxtel home landscal>
ing in the case of residential deveiol~ment, shall be ix~ared by a licensed landscape
architect and submitted for City Planner review and al:~XOvel Flor to the issuance of building
permits or ;~ior final rnap al:q~ov=~ in the case of a custom lot sulxllvlsfon.
/ /
2. Existing tmee required to be F. ewedinplaceshaitbelXOtectedwithaconstructionbarher ---/
in ~ r;lance with the Municipal ~ S~tion 19.08.110, and so noted on the grading plans.
The location of those trees to be preeewed in place and new locations for transplanted trees
shall be shown on the detailed land~.,a~ plar~. The al~ic~nt ~hall follow ~11 of the a~odst's
recommendations regan:ling Ixe.rvation, Iranaplanting and trimming methods.
3. A minimumof treee par gro. acre, coml~rleed of the foliowing sizes, shall be provided /
within the peject: % - 48- inch box or larger, % - 36- inch box or larger,
_. % - 24- inch box or largar. % - 15-galion, and ~ % - 5 gallon.'
4. A minimum of 30 .% of tr ,ee.s planted w'_~in the project ~all t~e .Sl:~.imen size trees -
G,/,
5. Within parking lots, trees shall be planted st 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.
SC - 2/9!
Trees shall be planted in areas of public view adjacent Io and along structures at a rate of one
tree per 30 linear leet of building,
All I~'ivate siOl~ banks 5 feel or less in vedical height and of 5:1 or greater slope, but less than
2:1 sio~oe, shall be, at minimum, irrigated and landscaped with ap13ropdate 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.
AIIprivateslopesinexcessof5feet, butlessthan8 feet in vertical height andof 2:1orgreater
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 appropdae 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. fl. of slope area. Trees and shrubs shall be
planted in staggered clusters to soften and vary slope plane. Slope planting required by this
section shall include a permanent irrigation system to be installed by the developer prior to
occupancy.
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 soldandoccupiedbythebuyer. Priortoreleasingoccupancyfor those units, an inspection
shall be conducted by the Planning Division to determine that they are in satislactory
condition.
10. For muiti-family residential and non-residential development, property owners are raspon-
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 kepl free from
weeds and debds and maintained in a healthy and thriving condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant matehal shall be rel~aCed within 30 days from the date of damage.
11. Front yard landscaping shall be required per the Deveiopmant Code and/or
~.v~,~.?C O~,,~.,cc . This requirement shall be in addition to the required
street trees and slope planting.
12. The final design of the padmeter pa~'ways, walls, landscaping, and sidewalks shall be
included in the required landscal~ plane and shall be ~ to City Planner review and
a13~oval and coordinated for consistency with any parkway landscaping planwhich may be
required by the Engineering Division.
13. Special landsc, a13e features such as mounding, alluvial rock, si~cimen size trees, meander-
ing sidewalks (with horizontal change), and inlensified landscaping, is required along
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14. Landscaping and Irrigation systems required to be installed wilttin the public right-of-way on
the perimeter of this project area shall be continuously maintained by the developer.
15. AI~ walls shall be provided with decorative treatment. If located in public maintenance areas,
the design Shall be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and submitted for City Planner review and
ai=13mval I:xfor to issuance of building permits. These criferla shall encourage the natural
growth ~aractedstics of the selected tree si3ecies.
~ 17. Landsca13ing and irrigation shall be designed to conserve water through the principles of
Xer~ as defined in Chaplet 19.16 of the Rancho Cucamonga Municipal Code.
5 of "~
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SC. 2/91
F. Signe
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.
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
'rhe developer shall provide each prospective buyer writlen notice of the Fourth Street Rock
CnJsher 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 Adopied
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 developor shall provide each prospective buyer written notice of the Foothill Freeway
project in a standard format as determined by the City Plannor, prior to accapUng a cash
deposit on any property.
A final acoustical report shall be submitted for City Planner review and apl:m~val prior to the
issuance of building permits. The final report shall discuss the level of interior noise
attenuaticn to below 45 CNEL, the building materials ancl construction techniques provided,
and if appropriate, verify the adequacy of the mitigation measures. The building plans will be
checked for conformance with the mitigation measures contained in the final report.
H. Other Aganofee
1. Emergency seconclmy access shall bo provided in a__ec~_ anoe with Rancho Cucamonga Fire
Protection Distdct Standards.
o
Emergency access shall be Fovlded, maintenance free ax] clear, a minimum of 26 lest wide
at all times during construction in aocordance with Rancho Cucarnonga Fire Protection
District requirements.
Prior to issuance of building permits for combustible construction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection Distdct that temlxxary water supply Ior
fire protection is availaisle, pending comp~tion of required fire peonaction system.
The aliicant shall contact !he U.S. Postal Senace to determine the appm~ate type and
location of mail boxes. Multi-famity resldenflal developments shall provide a solid ovamead
structure for mail boxes with actequate IigNIng. The final location of the mail boxes and the
design of the overhead structure shall be sul~act to City Planner review and al~roval prior
to the issuance of building permits.
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SC - 2/91
For projects using seplic tank facilities, written certification of acceplability, including all
supportive information, shall be olXalned lrom the San Bernardino County Department of
E~wironmental Health and submitted to the Building Official prfor 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
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site 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), fhe app#cant shall pay development fees at the established rate. Such fees
may include, but am not limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems
Deveiopment Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of building permits for a new commercial or industrial development or / /
addition to an existing deveiopment, the applicant shell pay development lees 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.
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J. Exlsllng 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 shall be made to comply with correct building and zoning regulations for / /
the intended use or the building shall be demolished.
3. Existing sewage disposal lacillties shall be removed, filled and/or capped to comply with the -.--J /
Uniform Plumping Code and Uniform Building Code.
4. Underground on-site utilities are to be located and shown on building plans sutxnitted for / /
K. Gredlng
Grading of the subject property shall be in accordance with Ihe Uniform Building Code, City
Grading Standards, and accel~ed grading practices. The final grading plan shell be in
sul~antlal cxmformance w~h the al~xoved grading plan.
v/ 2. A soils rapoff sI~N be prepared by a qualified engineer licemad by the State of Calitomia to
perform such work.
SC - 2/91
3. The development is located within the soil erosion control boundaries; a Soil Disturbance
Permit is required. Pieare contact San Bernardino County Depamnent of Agriculture at (714)
387-2111 for permit application. Documentalion of such peruill shall be submitted to the City
prior to the issuance of rough grading befftl#.
4. A geological report shaft be prepared by a qualified engineer or geotog~ and submined at
the time of al~lication for grading plan check.
$. The final grading plans shall be completed and approved prior to issuance of building permits.
7ot ~
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DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
November 10, 1993
Chairman and Members of the Planning Commission
STAFF REPORT
Brad Buller, City Planner
Nancy Fong, AICP, 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 (five 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 September 8, 1993.)
BACKGROUND: At the continued hearing of September 8, 1993, the Commission
reviewed the results of limiting the entertainment for the over 21 age group
and its effect on public nuisance problems. Since the reports from the Police
and Fire Departments indicated a significant drop in public nuisance problems
and no overcrowding, the Co~ission directed staff to include the limitation
of over 21 age group for entertainment as a permanent condition of approval.
The Commission also reviewed the proposed operational plan from Backwaters and
found the security and safety plan, the crowd management plan, and the
advertising plan to be acceptable. However, the Commission raised concerns
with the proposed parking plan which includes the use of non-valet double
parking between the drive aisle not designated as a fire lane. The Commission
felt that the double parking concept for handling overflow parking may create
unsafe situations in the case of an emergency. The Commission continued the
hearing to November 10 so that the applicant could work with staff in coming
up with an alternative solution.
R~VIE:W OF ALTERNATIVE PLANS FOR OVERFLOW PARKING: Staff worked with the
applicant to look at different options for addressing the overflow parking.
The following is staff's assessment for each option and discussion on the
feasibility of each one:
Double ~arking between drive aisles wi,~in the par~4-g lot. This is the
applicant's original proposal which is to double park between those drive
aisles not designated as fire lanes. He clarified to the Commission at
the meeting on September 8, 1993, that the patrons who will not be staying
the entire evening are directed to park in the unblocked lanes. Cars that
are directed to double park between drive aisles have their names on the
windshield so that they can be paged to move their cars if there is a
need. No valet service was proposed.
PLANNING COMMISSION STAFF REPORT
EP 91-04 - BACKWATERS
~ November 10,' 1993
Page 2
Cx~ent: Staff discussed the issue of evacuating people in the event of
an emergency with our City's Disaster Preparedness Manager. According to
their office, this form of parking may not be considered as ideal but it
should not cause conflict with normal acceptable evacuation procedures for
the business. The normal procedure during an emergency, other than an
earthquake, is to evacuate people as quickly as possible out and away from
the building. In the event of an earthquake, it is best for people, who
have been evacuated, to wait and find out what roads are open before they
leave the parking lot. However, it is unlikely that anyone could stop the
people from leaving unless Police and Fire personnel are directing
everyone to stay put. As stated in the previous staff report, both the
Fire and Police staff have reviewed this option and did not find it to
represent a hazard because the fire lane areas are being kept clear. This
option is still acceptable to them. The only drawback to this alternative
is the inconvenience for those patrons who want to leave early because of
sudden illness or personal emergency.
B. ~x~and the parking lot.
Cc~t: This option is the ultimate solution to the overflow parking
problem. However, the adjacent property owner, Rancon Realty Company, has
indicated that they are not interested in allowing overflow parking on
their property, nor are they interested in leasing the property to
Backwaters for parking purposes. Rancon Realty Company owns all the
adjacent land around Backwaters' site except for one southerly parcel.
The southerly parcel was also not available and was previously approved
for a restaurant use.
C. Off-site park~-g at the adjacent Laurel-Aspen Office Park.
~nt: This option was considered by the applicant previously but they
decided against it. This would require patrons to cross a street and a
vacant lot. The lack of a public sidewalk could present a safety hazard.
Public park{-g along Laurel Street. This option is to allow public
parking along Laurel Street between the hours of 10 p.m. and 3 a.m.
only. Presently, both sides of the street are posted "NO PARKING."
~e~lt: Staff researched this option with the Traffic Engineering
Division and the Police Department. The Police Department indicated that
allowing public parking along Laurel Street would be more than adequate to
handle the overflow parking for Backwaters. According to the City's
Traffic Engineer, Laurel Street is wide enough to physically permit
parking. He advised that having a sidewalk on the north side of the
street would make the use of parking much safer. The construction of the
sidewalk, if required, and a change to the posted signs should be at the
applicant's expense. Based on the 25-foot length of a parking space and
excluding all the curb returns and driveway, the ~ximum D~,mber of cars
that can be parked on the north side of the street is 32 (8 spaces less
than the applicant's proposal of 40 spaces of double parking).
PLAN/qING COMMISSION STAFF REPORT
EP 91-04 - BACKWATERS
November 10, 1993
Page 3
Based on reviewing the above options, staff's opinion is that Option D is a
viable solution. It addresses the concerns of the Commission regarding the
blocked drive aisle in the parking lot that could create an unsafe
situation. It allows for overflow parking on a limited time basis which
reduces the impact to surrounding properties. If the Co~nission requires the
applicant to construct the sidewalk on the north side of the street,
completion of the sidewalk and removal of the "NO PARKING" signs should be
completed prior to any street parking.
RECOMMENDATION: Staff reco~ends that the Planning Co~ission select Option D
and direct the applicant to work with staff in pursuing this option and bear
the full cost of the work through minute action. Also, staff recommends that
the Commission modify Entertainment Permit 91-04 through adoption of the
attached Resolution.
City Planner
BB:NF/jfs
Attachments:
Exhibit "A" - Modified Backwaters Operational Plan
Exhibit "B" - Memo from Police Department
Exhibit "C" - Memo from Traffic Engineering Division
Exhibit "D" - Laurel Street Parking
Exhibit "E" - Planning Commission Minutes dated
September 8, 1993
Exhibit "F" - Planning Commission Staff Report dated
September 8, 1993
Resolution of Approval
FROM
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EP 91-04
1,3877 Foothill Blvd.
7~ncho Cucamonga, CA
91730
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DATE:
TO:
FROM:
BY:
CITY OF RANCHO CUCAMONGA
MEMORANDUM
September 17, 1993
Nancy Fong, Senior Planner
Bruce Zeiner, Chief of Police
Joe Henry, Operations Lieutenant
SUBJECT: BACK#ATERS PARKING
We have reviewed the proposed parking concept as it applies to
Backwaters utilizing Spruce Avenue, Red Oak Avenue, and Laurel
Street. It is our conserius that this proposal is not feasible.
The primary concern in considering the use of the surrounding
streets is the double center lane parking proposal for the
Backwaters parking lot. We have observed that if that plan were
utilized and the lot is full it generally brings Backwaters to
its crowd capacity of 532.
In order to alleviate the parking lot problem we agree that the
use of a street would adequately solve the problem. However,
the use of 3 streets is not necessary and would create further
problems for the city relating to trash clean-up and police
problems as previously experienced. A
It is our feeling that by utilizing both sides of Laurel Street
for Backwaters parking between the hours of 0!00
A.M. there would be more than sufficient parking available to
allow Backwaters to reach their capacity of 532 patron
If you have any questions feel free to call me at extension
2465.
BZ/JH
~:~:,., CITY OF ~I~CH0 CUCAMONGA
DA~'~ $/~~
S~CT:
AMERICAN BUSINESS FORMS {714) 793.5233
CITY OF RANCHO CUC~MONGA
PLANNING COMMISSION MINUTES
Regular Meeting
September 8, 1993
Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga
Planning Commission to order at 7:53 p.m. The meeting was held in the Council
Cha~er at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho.
Cucamonga, California.
ROLL CALL
COMMISSIONERS:
PRESENT:
Suzanne Chitlea, Larry McNiel, Peter
Tolstoy, Wendy Vallette
ABSENT: John Melcher
STAFF PRESENT:
Shintu Bose, Deputy City Engineer; Brad Bullet, City
Planner; Dan Coleman, Principal Planner; Nancy Fong,
Senior Planner; Ralph Hanson, Deputy City Attorney; Joe
Henry, Police Lieutenant; Dan James, Senior Civil
Engineer; Scott Murphy, Associate Planner; Steven Ross,
Assistant Planner; Gail Sanchez, Planning Commission
Secretary
ANNOUNCEMENTS
Brad Bullet, City Planner, remarked that the Planning Commission would be
adjourning to a workshop at 5:00 p.m. on September 9, 1993, on Terra Vista.
APPROVAL OF MINUTES
Motion: Moved by Chitlea, seconded by McNiel, carried 4-0-1 with Melcher
absent;, to approve the minutes of the Adjourned Meeting of July 7, 1993.
Motion: Moved by Tolstoy, seconded by McNiel, carried 3-1-1-1 with Melcher
absent; and Chitlea abstaining, to approve the minutes of August 25, 1993.
PUBLIC: HEARINGS
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 a8 talent
night contests, promoting sports teams, major lpOrtl events through
satellite TV, college bowl, and trivia questions contests, in conjunction
with a restaurant and bar, located at 10877 Foothil~Boulevard~
APN= 208-3Sl-75.
Nancy Fong, Senior Planner, presented the staff report.
Commissioner Vallette asked if =he Fire District had approved the proposed
parking plan.
Me. Fong responded that the plan had been approved in concept but the
applicant still needed to submit details, such as exact dimensions.
Commissioner Vallette asked if the proposed parking plan included blocking.
parked cars.
Ms. Fong replied that was correct.
Commissioner Vallette asked if valet parking was to be used.
Ms. Fong replied the applicant was not proposing valet parking.
Commissioner Vallette stated she had formerly voiced concerns about
security. She asked what changes had been made.
Ms. Fong indicated the operational plan designates the manager as being
responsible for security and locations are shown on the plan for the security
personnel in the parking area.
Brad Bullet, City Planner, stated that Exhibit A, attached to the Resolution,
represents a clarification of the plan. He indicated staff felt the plan
answered the questions raised at the last meeting and is acceptable.
Commissioner Tolstoy noted the City had requested the applicant continue to
explore additional parking either adjacent to or across the street from the
site. He asked if the applicant was pursuing that option.
Ms. Fong responded that the applicant has stated they do not wish to consider
off-site parking at this time.
Chairman McNiel asked if the proposed plan allows an additional 48 cars.
Ms. Fong replied that was correct.
Chairman McNiel remarked that the public hearing was still open from the last
meeting.
Art Bean, General Manager, Backwaters, 10877 Foothill Boulevard, Rancho
Cucamonga, oommented that the report from the Police Department had been
favorable on the operation during the 90-day trial period of restricting
entertainment to ages 21 and over. He felt the arrangement had met their
needs as well as the City's and he requested approval.
Commissioner Chitlea requested clarification on the parking proposal with
respect to patrons wanting to leave when their cars are blocked in.
Planning Commission Minutes
-2-
September 8, 1993
Mr. Bean replied that the restaurant operates until 9;00 p.m. and the night
club does not start operating until approximately 9=30 p.m. He said when cars
enter, the patrons are directed to park in the unblocked lanes unless they
indicate they will be staying all evening. He noted that security personnel
are stationed in the parking lot all evening.
Chairman McNiel felt the parking situation would be a logistical nightmare.
He noted the age group limitation seemed to resolve the former problems and he
asked if business was improving after the initial drop off when the age'
restriction was put in place.
Mr. Bean said they were still struggling and he hoped the restaurant will make
a difference.
Hearing no further testimony, Chairman McNiel closed the public hearing.
Commissioner Tolstoy was pleased with the way the business has been operating
during the evaluation period; however, he expressed concerns about having cars
double parked in the lot and felt it would be unsafe in an emergency. He also
thought it would cause difficulties for patrons who may change their mind
about~ staying all evening once they are in the restaurant. He said he would
be willing to vote for approval only if the parking situation is extremely
temporary.
Commissioner Valletie agreed with Commissioner Tolstoy and felt that such a
plan would not be allowed elsewhere in the City.
Commissioner Chitiea said she understood the proposal, but she did not feel
the parking is appropriate. She thought there must be other alternatives.
She noted the need for responses by law enforcement and fire had dropped, but
she felt a permanent resolution for the parking situation must be found.
Mr. Bullet noted that the project meets code. He said the fire code allows a
greater occupancy than the City's parking restrictions. He noted that the
Fire District and Police Department have not found that the proposed parking
represents a hazard because the fire lanes are being kept clear. He also
noted that the code does not prohibit this type of parking. He said the
matter was before the Commission because of previous problems caused by
parking on the street or on adjacent properties. He said staff would
encourage a permanent solution.
Chairman McNiel noted the parking plan presents a "worst case" scenario.
Commissioner Tolstoy suggested that valet parking could be used for the areas
with blocked spaces.
Mr. Bullet suggested the applicant may wish to collect keys so that those cars
could be moved.
Commissioner Tolstoy was concerned there may be an emergency in the building,
and patrons would be blocked in.
Planning Commission Minutes
-3-
September 8, 1993
Chairman HcNiel reopened the public hearing.
Mr. Bean noted that the double parking only takes place to the west of the
building and in the center lane =o =he east. He said that when cars park in
the center of the aisle, the patron's name is placed on the windshield so that
they can be paged =o move ~he vehicle if necessary. He said they currently
are not operating at capacity and only one lane is being parked down the
center so that all vehicles have the ability to be removed without moving any
other cars.
Commissioner Tolstoy stated he understood the plan and he understood that
currently business is not sufficient to require cars to be parked as shown on
the disgreta, but he noted that in all probability there will be nights when
the cars will be parked according to the plan.
Mr. 13ean said the Laurel Aspen Center lot is also available.
Mr. Bullet stated staff would discuss the matter with Disaster Preparedness
staff to see if the proposed parking plan would be a concern in the event of
an emergency.
Commissioner Tolstoy felt people would leave even if it was not recommended.
Chairman McNiel asked if the applicant was currently using single lane parking
in overflow situations.
Mr. Bean stated that was correct.
Chairman McNiel again closed the public hearing. He felt that in an emergency
situation, valet parking would not be any better than having the cars double
stacked. He asked about the possibility of using adjacent properties.
Mr. Bullet said staff had discussed other options with the applicant, and the
applicant had advised that neither adjacent property owner is currently
willing to allow overflow parking. He asked if the Commission would consider
overflow parking on unimproved lots. He suggested the matter could be
continued for 30 to 60 days to consider options.
Commissioner Tolstoy thought City codes require that parking lots be paved and
he as~d if- the Commission would have the authority to approve parking on
unpaved property.
Mr. Bullet noted there are a variety of materials for paving and staff could
look at various options.
Commissioner Tolstoy hoped business would improve to the point where they
would need the overflow parking but he did not feel the proposed double-
parking solution is acceptable.
Chairman McNiel reopened the public hearing.
Planning Commission Minutes
-4-
September 8, 1993
Motion: Moved by Chitiea, seconded
Permit 91-04 to November 10, 1993,
continue operating as it has
carried by the following vote:
been during
by Tolstoy, to continue Entertainment
with provision that the business could
the las~ three months. Motion
AYES:
NOES:
ASSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
CHITIEA, MCNIEL, TOLSTOY, VALLETTE
NONE
MELCNER -carried
The Planning Commission recessed from 8:31 p.m. to 8:40 p.m.
RONMENTAL ASSESSMENT AND TENTATIVE TRACT 15526 - LEWIS - A residential
~ision and design review for 57 single family homes on 7.88 acres of
land the Low Medium Residential District (4-8 dwelling units per acre)
in arra Vista Planned Community, located at the southwest corner of
Mountain ;iew Drive and Milliken Avenue APN: 1077-091-36. Staff
:recommends ssuance of a mitigated Negative Declaration.
Steven Ross,
staff was
maintenance of the
:ant Planner, presented the staff report and stated that
ling deletion of Standard Condition E.14, requiring
~t-of-way landscaping by the developer.
Commissioner Tolstoy
corridor and the homes.
the wall treatment between the greenway
Mr. Ross said two retaining
south of the tract.
~ls will be placed within the corridor to the
Commissioner Tolstoy asked the
Mr. ;tOll responded they will be no h
they will be landscaped.
Chairman McNiel opened the public hearing.
Jary Cockrof~, Lewis Development Company,
stated he was available to answer questions.
mimic those which are by the tunnel.
of the walls.
~er than 3 feet from finished grade and
North Mountain Avenue, Upland,
said the retaining walls will
Hearing no further testimony, Chairman McNiel closed
Motion: Moved by Valle~te, seconded by McNiel
Declaration and adopt the resolutions approving
design review thereof with the deletion of standard condition E.14.
carried by the following vote: %%
AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, VALLETTE ~
NOES: COMMISSIONERS: NONE %%
ASSENT: COMMISSIONERS: MELCHER -carried
public hearing.
issue a Negative
Tract 15526 and the
Motion
Planning Commission Minutes
-5-
September 8, 1993
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
Nancy Fong, AICP, 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 June 9, ~993.)
BAC~RDUND: 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 ,Commission was that there was sufficient evidence to warrant revoking the
Entertainment Permit. However, the Co~ission felt that the root of the
problem was the type of entertainment and the age group of the patrons,
especially on Sunday nights. The Co~ission 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 Commission, 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 st&ff to monitor the situation and report the results to
them. The Comission then continued the hearing to this meeting.
ANALYSIS: This section of the report describes the results of monitoring
Backwaters for the past three months, analyzes their proposed Operational
Plan, and discusses whether the Entertainment Permit should be revoked or
modified.
A. Summary 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 publlc
nuisance problems after the age limitation was imposed. The Police
PLANNING COMMISSION STAFF REPORT
EP 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 reco~nends 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 Co~ission 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 i~nediate 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
li~t 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 Com~ission's concerns as shown in Exhibit "A". City staff
including Police and Fire Officials have reviewed the proposed plan and
offer the following co~ents:
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 CO~4ISSION 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 "Al" 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 m,mher 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.
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
tha-t 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 the public nuisance problems and the impact to the Fire and Police
resources are minimized. Therefore, staff recommends modifying the
Entertainment Permit.
PLANNING CO~4ISSION STAFF REPORT
EP 91-04 - BACKWATERS
'September 8,. 1993
Page 4
RECO~4ENDATION: Staff recommends that the Planning Commission consider public
testimony. If the Co~ission concurs with staff's findings and recommended
conditions of approval, then modification of Entertainment Permit 91-04
through adoption of the attached Resolution would be appropriate.
Respectfully submitted,
Brad Bullet
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 Commission Minutes
Exhibit "D" - June 9, 1993, Planning Co~ission Staff Report
Resolution of Approval
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
Backwaters' operation plan and the results of monitoring Backwaters with the
age restriction. The Commission continued the hearing to November 10, 1993,
in order for the applicant to address the overflow parking issue.
(iv) On November 10, 1993, the Planning Commission reviewed the
parking plan and found it acceptable. The Commission concluded said hearing
and determined to modify the Entertainment Permit instead of revoking it.
(v) 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, September 8, and
November 10, 1993, including written and oral staff reports, together with
testimony from the public, the Rancho Cucemonga 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.
PI2%N~;ING COMMISSION ~ESOLUTION NO.
MOD. TO EP 91-04 - BACKWATERS
Noventer 10, 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 between Noven~ber 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 six-month period
indicated that: the overcrowding, traffic, and parking problems have reduced
significantly and the impacts to the Fire and Police resources have been
minimized.
(g) The applicant has submitted an Operational Plan that
addressed adequately the safety concerns raised by the Commission, as
described in Exhibit "A," attached hereto and incorporated herein by
reference.
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) 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
1) All conditions of approval, except for
Condition No. 4, as contained in Planning
Commission Resolution No. 91-190 shall apply,
a copy of which is attached hereto and
incorporated herein by reference.
PLANNING COMMISSION R~SOLUTION NO.
MOD. TO EP 91-04 - BACKWATERS
November 10, 1993
~Page 3
2)
The hours of operation for the entertainment
shall be limited to Sunday through Saturday
from 9 p.m. to 2 a.m.
3)
The entertainment and the nightclub shall be
limited to patrons age 21 and over, except for
the restaurant (dining) patrons.
4)
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.
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.
7) Double parking between drive aisles shall not
be allowed.
s)
The Planning Commission shall conduct a
compliance review one year from the date of
this modification.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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
Cuc~onga, 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 10th day of November 1993, by the followingvote-to-wit:
AYES:: COMMISSIONERS:
NOES:: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Opmtk~ P,r~ed~e
A. AManqerwtllbeoadmyatalltimestlm _ts~ttclnbish .opm_ u~ Wehav~idred~ber
_mSap~_ ,bTumer. l.~willbehdm~e~~~bh.~ X. le_wi_ if
abo Im b centre ismrim with the Lxdim dq~. tt an thnm. Ou special eveam over :~0
Ogre week's rioflee is preferred by tbc CIt~, howew. r I minimum of 48 hours' riofloe will W ,
EP 91-04
[0877 Foothill Blvd.
?~ncho Cucamonga, CA 91730
;2,355 Sq. Ft. Dinins & Bar
-~,~r Plan same as "Polo Ground~a"-NAlal CHANGE ONLY,
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 M~MBERS
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 M/tKING 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 Co~,lsaion 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 property 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 and 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 set 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
entertainment 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 see-through or
wet fabric.); ..~__~,
PLANNING COMMISSION RESOLUTION NO. 91-190
EP 91-04 - MIKE SIMS
December 17, 1991
Page 3
2)
4)
6)
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
limited 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 trimming. 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-site inspection of the site 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 regulations have been complied with. Prior
to occupancy, the applicant shall obtain a new permit
for public assembly from the Rancho Cucamonga Fire
Protection District.
12)
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.
If the operation of the business creates 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 shall be
submitted for City Planner review and 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 91-04 - MIKE SIMS
December 17, 1991
.Page 5
91-190
APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 1991.
PLANNING CO~ISSION OF T~ CITY OF RANCHO CUCAMONGA
I, Hrad 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 17th day of December 1991, by the following vote-to-wit:
AYES: COMMISSIONERS:
CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
November 10, 1993
Chairman and Members of the Planning Co~nission
Brad Buller, City Planner
Beverly Luttrell, Associate Planner
ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 93-41
TRANSAMERICA - A request to establish an outdoor storage yard on
approximately 13,000 square feet located at 9823 Crescent Center
Drive in the General Industrial District (Subarea 5) of the
Industrial Area Specific Plan - APN: 210-071-55.
PROJECT AND SITE DESCRIPTION:
Site Characteristics: The vacant project site is located in the Crescent
Center Business Park and will utilize approximately 14,500 square feet of
an existing parcel consisting of approximately 2.28 acres. The applicant
is also proposing to utilize an existing 1~,120 square foot building on an
adjacent parcel of 3.3 acres.
B. Parking Calculations:
Number of Number of
Type Square Parking Spaces Spaces
of Use Footage Ratio Required Provided
Warehouse 9,541 1/500 19 20
Office 1,333 1/250 5 5
Total 24 25
ANALYSIS:
General: The project involves a storage yard of approximately
14,500 square feet for a utility company: General Electric Power
Generation Services. The company will occupy the building next door for
offices and warehousing. The applicant is also proposing to expand in an
easterly direction approximately 104 feet into a vacant lot which is under
ownership of the applicant. The yard will be surfaced with a minimum of
4 inches of gravel to allow water to soak into the ground and eliminate
surface runoff.
The storage yard area will be utilized to store construction equipment and
material, job site trailers, pipes, and generators. These materials are
taken from storage to other sites for use. No contaminants from motor
vehicles or equipment such as oil or fuels will be associated with the
tenant's storage needs.
ITEM C
PLANNING COMMISSION STAFF REPORT
CUP 93-41 - TRANSAMERICA
November 10, 1993
Page 2
The storage yard will be screened with an 8-foot tall masonry screen wall
along Crescent Center Drive. The wall will be finished with a smooth
plaster finish and painted to match the existing wing wall. Chain link
fencing has been used on the southerly and eastern project boundaries.
The use of chain link fence is permitted in the General Industrial
District when not visible from the front setback area. The streetscape
will also be landscaped with shrubs and trees consistent with the theme
along Crescent Center Drive. Two additional roll-up doors and a service
door on the eastern side of the building will also be necessary (and will
be addressed through the plan check process for tenant improvements).
Design Review Co~nittee: The Desi9~ Review Co~nittee (McNiel, Melcher,
Coleman) recomm~ended approval, including the location, colo~ and material
of the screen wall along the north side of the storage yard, on
October 19, 1993.
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 Commission concurs, a Negative Declaration
should be issued for the project.
RECO~4ENDATION: Staff recommends that the Planning Comission approve
Conditional Use Permit 93-41 through adoption of the attached Resolution of
Approval and issuance of a Negative Declaration.
BB:BL:mlg
Attachments:
Exhibit #A# - Location Map
Exhibit "B" - Site Plan
Exhibit "C" - Partial Site Plan
Exhibit "D" - Landscape Plan
Exhibit "E" - Existing Building Plan
Resolution of Approval
'l
IV-38
702
703 --
704
FUTURE DEVELO ~EI~
PARTIAL SITE PLAN
Building 401 Improvements and Accessory
Yard Area
~J'l
,' tJh: ltll
":'"' i!jl
",h!l,
J !1: Illill H,!l
I!
II
- r ' '
EXISTING BUILDING PLAN
O~rm~ Beatam Cm~r
R~ctm C~
Building 401 ImprovemenU and Accessory
Yard Area
,4hT~l ,M, I~J
Prqwd I~: PI,4 * ,4RCHtTECT~ !,~
R~SOLUTION NO.
A RESOLUTION OF TRE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVINQ CONDITIONAL USE
PEI~MIT NO. 93-41 FOR AN OUTDOOR STORAGE YARD OF
APPROXIMATELY 13,000 SQUAR~ FEET LOCATED AT 9823 CI~SCENT
CENTER DRIVE IN THE GENEI~AL INDUSTRIAL DISTRICT (SUBAR~A
5) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN= 210-071-55.
A. Recitals.
1. Transamerica has filed an application for the issuance of
Conditional Use Permit No. 93-41, as delcribed in the title of th£s
Resolution. Hereinafter in this Resolution, the lUbJect Conditional Use
Permit request is referred to as "the application.'
2. On the loth day of November 1993, the Planning Co.~ission of the
C£~y of Rancho CucamongA conducted a duly noticed public hearing on the
applicat£on and concluded said hear£ng on that date.
3. All legal prerequisites prior to the adop~£on of this Relolut£on
have occurred.
B. Relolution.
NOQ/, THEREFORE, it is hereby found, determined, Ind resolved by the
Planning Co~m£ssion of the City of Rancho CucamongA AI follo~s=
1. This Co.sissies hereby IpecificAlly findl that All of the facts
set; forth £n the RecitAll, PArt A, of th£l Resolution Lee t~ue And Correct.
2. BAsed upon lubstAnt£Al ev£dence prelentld to thil Co.~aission
during the above-referenced publ£c hearing on Novastor 10, 1993, including
written And oral ItAff ripertl, together with public testimony, this
Comm£11ion hereby specifically findl AI fellowl:
A. The Applicet£on appliel to property located at 9823 Crescent
Center Drive w£th a itreet frontage of 285 feet and lot de~ch of 160 feet and
is presently ~roved with An ex£sting wArehoule building And vacant lot; and
b. The property to the north of the mubJect lite £m the
Archicenter Office coe~lex, the property to the mouth conl£mtl of the Pr£to
LAy' project, the property to the east £l A conltruction Itsrage yard, and the
property to the wemt lm the Crelcent Center 8um£nelm P~k~ ~d
c. The develolx~ent of A building contractors storage yard £s
consistent w£th the GenerAl Industr£A1 delignAtion of the Industrial Area
Specific P1Ani and
d. The applicat£on with the AttAched cond£tionl of Approva~ w£kk
co~ply with all Applicable standards of the Indultrial Area Spec£f£c P~an.
PI~NNING COM]4ISSION RESOLUTION NO.
CUP 93-41 - TRANSAMERICA
Norther 10, 1993
Pa~ge 2
3. Based upon the substantial evidence presented to this Con~lssion
during the ~bove-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 ~bove, this Co~lssion 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 il 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 proper~ies or improvements in the vicinity.
c. Thst the proposed use complies with each of the applicable
provisions of the Development code.
4. Based upon the facts and inform~tion contained in the proposed
Negative Declaration, together with all written and oral reports included for
the environmental assessment for the application, the Planning Co~miss£on
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 ~nded, and the
State CEmA guidelines promulgated thereunder; that I&£d Negative Declaration
and the Initial Study prepared therefore reflect the independent judgment of
to the
b. That, based upon the changes end 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 Requl&tions, the Pl,nning Co~mission finds as
follows~ In coneiderin~ the record as a whole, the Initial Study and Negative
Declaration for the pro~ec~, there ie no evidence that the proposed project
will have potential for an adverse ~npect upon wildlife resources or the
habitat upon which wildlife depends. Further, based upon substantial evidence
contained in the NegaC£ve Declaration, the staff repose and exhibits, and the
lnfo~nation provided to the Planning Coe~illiOn during the public he·ring, the
Planning Coe~illliOn hereby rebuts thl presumpC£on of advlrse effect as set
forth in Section ?53.S(c-l-d) of Title 14 of the California Coda of
Regulationl.
5. Baled upon the findings and conclulione set forth in paragraphs
1, 2, 3, and 4 above, thai COalBilliOn hereby approves the application subject
to each and eve~f condition let forth below and in the Standard Condit£one,
attached hereto and incorporated herein by thil reference.
PLANNING COMMISSION RESOLUTION NO.
CUP 93-41 - TRANSAMERICA
Nov~er 10, 1993
Page 3
Plannine Division
1)
Approval is granted for an outdoor storage yard
only. Any exterior modifications to the
adjoining Building 401 shall recluire sop·rate
tenant improvement plan check for building
permits.
2)
Approval of this Conditional Use Permit shall be
for a two-year ~eriod. Extensions may be granted
up to an additional thirty-six months for a
maximum time limit not to ex~end more than five
years beyond the original date of approval.
3)
The 8-foot high screen wall shall be smooth
finish plaster painted to match the existing wing
wall of existing Building 401.
4)
Landscaping shall be consistent with the
conceptual landscape plan su]mnitto(S with this
application and shall be field inspected prior to
final sign off of the screen wall.
s)
Any proposed roll-up and man doors along the east
Building 401 facade shall be painted to match the
existing building.
6. The Secretary to this COulnislion shall cez~lfy to the
this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
adoption of
Larry T. MeNial, Chairman
ATTEST:
Brad Bullet, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby cez~lfy that the foregoing Resolution was duly and
regularly ln~roduced, palled, and adop~ed by ~he Planning Co.mission of the
City of Rancho Cucamonga, at · regular meeting of ~ha Planning C,~[ssion held
On the 10Oh day of Nove~ber 1993, by the following vo~e-to-wi~:
AYKS: COMMISSIONERS:
NOELS: COMMISSIONERS;
ABSENT:
COMMISSIONERS:
Hugh Hairston
Lue].la Sims ( husband and wife )
6632 Topaz St.
Alta Loma, Ca 91701
909 948- 3773
November 10, 1993
The City of Rancho Cucamonga
Plan~ing Commission
10500 Civic Center Drive
Rancho Cucamonga, Ca 91729
Subject: Modification To Entertainment Pe~,~it 91-02 - Sam's Place
Conditional Use Pe~-,,,it 93-47 Sam's Place
Dear Chairman and Members of the PLanning Co,~=,,ission:
We would like to express concern to the approval of these
two permits. The notifications that was posted on our property
and that we received in the mail stated that we had until tonight
to express our opinion in re to these pez-.,its. Therefore we were
totally surprised when we obtained copies of the Staff Report
last night to find that these permits had already been approved.
We as a family are not use to such expediency. We ask the
commission to delay their approval and weiEh proportionately the
objections to those who are most effected.
We appreciate the fact that time was taken by the Planning
commission to receive any feedback from the community. The report.
said that copies of the Notice of Public Hearing was only sent to
"adjacent property owners within 300 feet of the project site as
well as the tenants in the shopping center" There are only
nine single family dwellings within 300 feet. Yet in 1992 when a
conditional permit was ~ranted over 50% voiced complaints in
refe]sence to the noise levels and those opinions evidently did
not matter. The majority of the families on the streets adjacent
to the project are commuting families in one form or the other.
It is difficult to find the time to properly express opinions to
this type of a permit. We enjoy the peace of the community yet it
is changed by the noise levels that Sam's Place generates. Now
the Commission wants to exoand it to a live band and or Disc
Jockey. When we first moved to Topaz street our family was
surprised to hear the noise levels that this place ~enerates. At
first we did not know what it was but upon further inspection we
found that this noise was from Sam's Place. The noise not only
consisted of loud music but also of loud and boisterous customers
exiting,enterin~ and just han~ing around the establishment durin~
the ].ate evening hours. Since reading the Staff Report even some
of this noise could have been muffled if the conditional use
permit was enforced to where ~uards would be inside and outside
the facility from 6:00pm to two hours after closing. We also
noticed that the front and rear doors are suppose to be closed.
Every time I have passed the location the front door is open
during business hours.
There are some other items that we would like to present in
person to the planning commission.
Respe.ctfully __
· Hugh Hairs ton
Lnella Sims (husband and wife)
November 3,1993
City of Rancho Cucamonga
Planning commission:
Copies:
Office of The City Manager
Office of The Mayor
RECEIVED
NOV 0 8 1993
City ot Rancho Cucamonga
Planning Division
The purpose of this letter is to express our opposition to the
proposed Modification to Fnterrainment Permit 91-O7 and
ConcliHonal Use pe£,idt 93-07 for "$AM'S PIACF".
Over the past several years the city of Rancho Cucamonga has
allowed a verity of license and temporary permits for this tavern.
This was done in spite of numerous complaints by local residents.
Those of us that have to live in the neighborhood have had to
contend with the excessive noise and commotion in the parking lot
and from witlain Sam's Place until three and four in the morning.
When we complain we get minor lip service and are advised that we
n(~d to elevate and be more persistent with the problem. I thought
our city officials where in control of strong plan for our community.
Obviously not.
Other major cities look upon the city of Rancho Cucamonga as a
"Cowboy Town" and its becoming very evident why. The city has
tougher codes and stronger enforcement for noise abatement in the
city parks then it has for bars and taverns. To say nothing of the
local police looking the other way when the "Drunks" are squealing
tires as they enter on to Carnilen street from Sam's parking lot.
What ever happened to M.A.D., and why aren't the police visible
when these characters are seriously endangering anyone that might
be in the area when they are leaving Sam's bar?
The city has not required a buffer zone between the parking lot and
the privet residential properties adjacent to the commercial center.
Because there is no buffer the noise generated in the center is
magnified and projected by the surrounding stucco buildings and
cement walls.
The management of the parking lot noise by the management of
$am's Place has never been accomplished and realistically speaking,
is probably impossible. Therefor, some reasonable means to impede
this noise needs to be established.
Its unfair for us residents who own property bordering the
commercial center to be the noise buffer for the rest of the
neighborhood. If the city wants to collect tax money form Sam's
Place, then some of that money should be spent on providing
assurances that we can enjoy our homes.
Sincerely
JUi~'e~md ~Toe Fabis
-661 Topaz
Alta Loma, Ca 91701
enc.
To Jack Lain Date April27, 1992
City Manager
Subject 'Sams place'
For almost two years Sams Place has been operating with varying degrees of liquor and
entertainment licensing. The city of Rancho Cucamonga has appropriately been trying to
accommodate a small business by setting reasonable guidelines concerning allowable noise
levels for both inside the business operations and activities in the parking lot. This effort by
the ~fity seams to be reasonable and is understandable.
However, as residences bordering the property on which Sams Place is located, there are
several problems that we would like you to address.
Firs~t of all there is the noise that is generated inside this tavern. because of the cement walls
surrounding the area, very little sound is absorbed, it is mostly reflected into the
neighborhood. Any amount of noise that escapes from Sams Place, and it gets to every loud
at th~aes, is extremely annoying when we are trying to get to sleep.
This; is especially true on Friday and Saturday evenings when the doors are left open to
accommodate the large crowd. (How about checking capacity vs Fire codes). The noise
level is also aggravated by various types of amplifying equipment
A second problem is the parking lot noise. Patrons leaving Sams Place are loud and
obnoxious. They scream and yell at each other and get into loud arguments at all hours of the
night and early morning. They also race engines, turn up the volume on radios and squeal
tires. (What is the Cities liability by allowing legally intoxicated patrons to drive of the
premise).
A third problem is the u'ash that is thrown over the wall into our back yard. Beer bottles, beer
cans etc. are thrown over the wall from the parking lot.
As a home owner in a residential neighborhood we expect to be able to enjoy the peace and
quite of our yard and home. Hopefully this matter can be addressed soon.
Thatfir you for you attention to this problem.
Sincerely
June and Joe Fabis
6611 Topaz
Alta Loma Ca. 91701
(714) 989 - 9266 home
(310) 331-7414
T H E
A N CH O
C I 1- y C, F
C UC A 0 NG
A
May 8, 1992
Joe and June Fabis
6611 Topaz
Rancho Cucamonga, CA
91701
Dear Mr. & Mrs. Fabis:
Thank you for your recent letter concerning Sam's Place.
Yours is not the only complaint we've received, and our staff is aware
of some of the problems you mention in your letter. Our Code
Enforcement office is making every effort to ensure that the business is
operated according to the rules required under the permit.
Very recently, we have formally reminded the owners of Sam's Place of
their obligation to the community, and requested that they provide more
effective control over the parking lot area. We also requested that the
doars to the establishment be kept closed during the evening and night
hours to alleviate any noise problems.
At this point, our staff will continue to monitor the situation. It is
our hope that Sam's management will take the necessary steps to address
these concerns voluntarily, without the need for further action.
Should this activity still continue to be a problem for the area, the
Planning Commission may be requested to review the use permit for
remedy. Should you continue to experience problems, please contact our
Code Enforcement Supervisor, Richard Alcorn, at 989-1861, extension
2249. .. / ~
Thank you for sharing your concerns with us.
Sincerely,
Jack Lam, AICP
City Manager
JL:mlg
cc: Otto Kroutil
Richard Alcorn
Councilmember Diane Williams
Councilmember Pamela J Wright
Councilmember Charles J. Buquet
Mayor Dennis L Stout
Mayor Pro-Tern Williota J, Alexander
Jack Lcm, AICP, City Manager ~ j~
10500 Civic Center ~r ve · P O Box 807 · Rancho Cuca~cr'gc, CA 91729 · (714) (~89-185! · F~',<
ANNERINO
L A VV O F F I C IE S
JOHN D. MANNERINC
SAL BRIGUGLIO
MITCHELL ROTH
November 2, 1993
R__E-C E I y E D
NOV 0 3 ]993
Suzanne Chitiea
Planning Commissioner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California
91729
City ol Rancho Cucamonga
Planning Division
Dear Commissioner Chitiea:
As you know, we represent Sam'-s- Place and Sam and Luanne
Pellegrino. Unfortunately, unavoidable calendar conflicts take the
undersigned from the State on November 10, 1993, the date of the
hearing to consider the expansion of the entertainment permit of
Sam's Place, to include live bands and for permits to all kareoke
operators and disc jockeys. Further, we understand to be
considered is a permit to allow the operation of three additional
coin-operated entertainment machines.
The purpose of this correspondence is to indicate to you the
position of our office with regard to this request. When we came
before you more than two years ago, Mr. Pellegrino represented to
you that he could demonstrate that the type of operation known as
Sam's Place could be managed such that operating hours concluding
at 2:00 a.m. and live entertainment would cause no objectionable
disruption to the shopping center or its surrounding neighbors.
You graciously gave him that opportunity and he has fulfilled his
promise. He has operated this establishment with an absolute
minimum of police and fire department involvement and with
virtually no neighborhood complaints that are known to us.
Now they come before you to allow an expansion of that
entertainment permit. You know that because of an apparent
misinterpretation of the entertainment license, Mr. Pellegrino has
hired live bands. Further, because of an absolute lack of
knowledge of necessity, Mr. Pellegrino has had kareoke operators
and[ disc jockeys. Three additional arcade'machines have been on
the premises for almost two years add yet absolutely no unusual
objectionable or intolerable disturbances have occurred.
There is no secret that the financial members of our community are
experiencing difficult times. We are all aware of the challenges
which face the business within our borders. Mr. Pellegrino
demonstrates that with proper management, businesses can be run
9333 BASELINE ROAD, SUITE 110 / RANCHO CUCAMONGA. CA 91730 / TEL (909)980-1100 / FAX (909)941-8610
Co~nis sioner Chitiea
November 2, 1993
Page Two
profitably and with.a minimum of negative impa~t on t~e surrounding
neighbors, both residential and commercial.-He is ~sking only that
he be allowed to continue to do that which he has apparently been
doing without ill effect for sometime.
We trust that in the absence of any facts which demonstrate any
haz~ to the surrounding area, you will not prohibit him from his
livelihood.
Very truly yours,
BR GU L O
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
November 10, 1993
Chairman and Members of the Planning Co~ission
STAFF REPORT
Brad Buller, City Planner
Nancy Fong, AICP, Senior Planner
MODIFICATION TO ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE - A
request to modify the entertainment permit by allowing
entertainment on Sunday and adding entertainment consisting of live
bands with 5 or more members, disc jockey, and karaoke, in
conjunction with a restaurant and bar located at 6620 Carnelian
Avenue in the Neighborhood Co~ercial District - APN: 208-811-56
through 60.
CONDITIONAL USE PERMIT 93-47 - SAM'S PLACE - A request to establish
an amusement arcade in conjunction with a restaurant and bar
located at 6620 Carnelian Avenue in the Neighborhood Commercial
District - APN: 208-811-56 through 60.
BACKGROUND: The proposed modification is a result of code enforcement because
Sam's Place has offered entertainment, such as live bands and disc jockeys,
beyond what was approved on their entertainment permit. On June 22, 1993
staff notified the applicant to cease any entertainment beyond their approved
entertainment permit. Code Enforcement staff monitored the business for the
past four months and verified that the applicant continued to operate in a
manner not in compliance with the approved entertainment permit. Despite
repeated contacts, the violations continued; therefore, staff initiated the
citation process on September 14, 1993. On September 22, 1993, the applicant
submitted an application to modify the entertainment permit and a conditional
use permit to add an amusement arcade. Attached in the report for the
Commission's reference are copies of the advertisement for Sam's Place in the
Inland Valley Daily Bulletin dated August 25, 1993, a sugary of the
investigative report, and staff's letters to the applicant.
ANALYSIS:
A. Entertainment Permit 91-02 Modification:
Pr~ed ~tertai~t. The approved entertainment granted for Sam's
Place consisted of a duet, a singer and guitarist, playing on Monday
through Saturday, between the hours of 8 p.m. and 2 a.m. The
applicant requests modification of the permit to allow entertainment
on Sunday and add a five-member band to play on Tuesday and Thursday
through Sunday and adding a disc jockey with karaoke on Wednesday.
ITEMS D,E
PLANNING COMMISSION STAFF REPORT
EP 91-02 & CUP 93-47 - SAM'S PLACE
November 10, 1993
PagE! 2
¸3.
Entertainment is not proposed on Monday. The live band will play
jazz, blues, or light rock. The entertainment will be offered
between 8 p.m. and 12 midnight. The applicant does not intend to
charge for admission.
C~atibility of Use. When the applicant originally proposed adding
entertainment and extending the hours of operation in 1991, the
Commission's deliberations focused on the issue of compatibility to
the residential neighborhood to the west. The Co~ission denied the
request on September 11, 1991. However, on appeal, the decision of
the Cormnission was overturned by the City Council on December 4,
1991.
In 1992, staff received four complaints from the residents to the
west regarding loud music and loitering activity in the parking
area. Staff did not receive any complaints from the adjacent
residents to date in 1993, but did receive complaints from another
business in the City. However, after the public hearing notices were
sent out to the adjacent property owners, staff received one response
(see Exhibit "D"). The resident objected to the loud noise from
Sam's Place, especially on Sunday nights.
In reviewing the proposed expansion of the entertainment, staff
raises the same compatibility issue. Staff believes that the
potential for public nuisance problems is always there because of the
type of business. The conditions of approval contained in City
Council Resolution No. 91-382 and Planning Co~ission Resolution No.
82-98 have mitigation measures intended to alleviate potential public
nuisance problems; however, the effectiveness of the mitigation
measures depend upon the owner and the management of Sam's Place in
following and adhering to the conditions of approval. Staff
recommends approving the proposed expansion of the entertainment, but
limiting the days and hours of entertainment to Tuesday through
Saturday and between 8 p.m. and 12 midnight only.
P~blic Safety I~es. One of the concerns with entertainment uses is
the potential for an increase in the need for police and fire
resources. According to the Police Department, they responded a
total of 15 times at the northwest corner of 19th and Carnelian
Streets in the last three months. Of the 15 calls, 4 were
specifically at Sam's Place (2 required police reports). The calls
relating to Sam's Place included assault, assault with a deadly
weapon, and one incident arrest. The Police Department stated that
given the type of business, the number of service calls from Sam's
Place is not excessive.
The Fire Department indicated that they have not responded to calls
of overcrowding. However, the applicant needs to modify the public
assembly permit because of changes to the floor plan. This must be
completed prior to commencement of the proposed entertainment.
PLANNING COMMISSION STAFF REPORT
EP 91-02 & CUP 93-47 - SAM'S PLACE
November 10, 1993
'Page 3
Fi~-~. To consider the modification to the entertainment permit,
the Commission must hear and determine all the facts and evidence
relevant to the applicant and supervisory employees, as well as the
entertainment proposed, including the nature and location of the
proposed entertainment. The Commission may approve the permit if it
finds and determines the following:
The conduct of the establishment or the granting of the
application would not be contrary to the public health, safety,
morals, or welfare.
The premises or establishment is not likely to be operated in an
illegal, improper, or disorderly manner.
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 or has not had any approval, permit, or license issued
in conjunction with the sale of alcohol or the provisions of
entertainment revoked within the preceding five years.
That the granting of the application would not create a public
nuisance.
That the normal operation of the premises would not interfere
with the peace and quiet of any surrounding residential
neighborhood.
That the applicant has not made any false, misleading, or
fraudulent statement of material fact in the required
application.
Conditional Use Permit 93-47 For An Amusement Arcade: According to the
Development Code, any business that has more than three amusement devices
i~ considered an arcade and a conditional use permit is required. In one
of the routine inspections of Sam's Place, Code Enforcement staff observed
-that there are six amusement devices (four electronic dart boards, one
basketball machine, and one pinball machine) on the premises. This
resulted in the applicant's requesting approval of a conditional use
!permit for the arcade. In reviewing this request, staff determined that
:such amusement games are customarily related to the restaurant and bar
~uses and would not be incompatible to the surrounding businesses in the
.center nor the surrounding land uses of the site. Staff recom~ends that
conditions of approval be placed requiring the applicant to post signs at
the business entrance that state "No person under 18 years of age may be
.on the premises during school hours or after curfew."
PLA~NING COMMISSION STAFF REPORT
EP 91-02 & CUP 93-47 - SAM'S PLACE
November 10, 1993
Page 4
CORreSPONDENCE: Both items were advertised as public hearings in the Inland
Valley Daily Bulletin newspaper, the property was been posted, and notices
were sent to the adjacent property owners within 300 feet of the project site
as well as the tenants in the shopping center.
RECOMMENDATION: Staff recommends that the Planning Co~nission conduct a
pub].ic hearing to review the proposed applications. If the Co~nission concurs
with staff's recomraendation, then approval of the resolutions would be in
order.
Respectfully submitted,
~Brad ulle~
City Planner
BB:NF/jfs
Attachments:
Exhibit "A" -
Exhibit "B" -
Exhibit "C" -
Exhibit "D" -
Exhibit "E" -
Exhibit "F" -
Exhibit "G" -
Exhibit "H" -
Exhibit "I" -
Exhibit "J" -
Exhibit "K" -
Resolution of
Resolution of
Location Map
Floor Plan
Entertainment Permit Application
Letters from Residents
Police Report dated October 25, 1993
Memo from the Fire Department
Summary of Investigative Report from Code
Enforcement
Letters to Applicant
Ad for 8am's Place dated August 25, 1993
Planning Co~ission Resolution No. 82-98
City Council Resolution No. 91-382
Approval for EP 91-02 Modification
Approval for CUP 93-47
~ Z
r
ca~' q3-4,7
ENTERTAINMENT PERMIT APPLICATION
Applicants for entertainment permits shall complete the following questionaire:
PLEASE PRJTVT OR 7't'PE
Name ~ ---
Permanent Address - '
The name and permanent address of applicant:
B. The name, proposed and current, if any, and business address of the applicant:
Name (Current and Proposed)
_ _ to~ _~ _c~_~_~_L~,~o_~c_ ........
C. A detailed description of the proposed entertainment, including type of
entertainment, and number of persons engaged in the entertainment (may attach
seperate sheets Lf necessary):
D. The date or day-of, week, hours and location of entertainment (attach floorplan),
and the admission fee, if any, to be charged:
· E. The name(s) of the person(s) responsible for the management or supervision of
applicant's business and of any entertainment:
F. A statement of the nature and character of applicant's business, if any, to be
carried on in conjunction with such entertainment, including whether or not
alcohol will be served as part of such business:
G. Whether or not the applicant or any person responsible for the management or
supervision of applicant's business have been, within the previous ten years,
convicted of a crime, the nature of such offense, and the sentence received therefor
tnclu~ng conditions of parole or probation, ~f any:
H. Whether or not applicant has ever had any permit or license issued in
conjunction with the sale of alcohol or provision of entertainment revoked,
including the date thereof and name of the revoking agency:
Any fal.~, misleading or fraudulent statement of matevial fact in the required
application shall be grounds for denial of the application for an entertainment
permit.
~o ql--o 2
Cz- 8
SAM'S PLACE
6620 CARNELIAN STREET
ALTA LOMA. CA 91701
OCTOBER 17. i~3
CITY OF RANCHO CUCAMONGA
CITY HALL
RANCHO CUCAMONGA. CA g1730
RE: MODIFICATION TO ENTERTAINMENT PERMIT
ENTEF~TAINMENT PERMIT APPLICATION
SECTION C:
THE ;~RCPOSED ENTERTAINMENT MODIFICATION WILL BE AS
FOLLOWS:
ENTERTAINMENT WILL INCLUDE A FIVE PIECE BAND: A
DISC JOCKEY AND KARAOKE. THE DISC JOCKEY AND KARAOKE
WILL EACH INVOLVE ONE (1) MEMBER.
THE 8ANO WILL HOST JAZZ. BLUES OR LIGHT ROCK. NO
HEAVY' METAL'. RAGGAEE OR HARD ROCK WILL BE PERMITTED.
SECTION D:
THE FLOORPLAN IS ATTACHED INDICATING LOCATION. NO
ADMISSION FEES WILL BE CHARGED.
THE DATES/TIMES ARE AS FOLLOWS:
- TUESDAY. THURSDAY. FRIDAY. SATURDAY AND SUNDAY:
FIVE PIECE BAND - JAZZ, BLUES OR LIGHT ROCK.
HOURS WILL BE 8:00 P.M. TO MIDNIGHT.
- WEDNESDAY - ALTERNATE WECNESDAY'S WILL PROVIDE
A ~!SC JOCKEY OR KARAOKE. NO ADMISSION FEES.
HOURS WILL BE 9:00 P.M. TO MIDNIGHT.
RECEIVED
OCT 2 6 1993
City ol Rancho Cucamonga
Planning Division
?.'3 ocro~ea.
5 L2J~ D PP~
COP
· f CITY OF RANCHO CUCAMONGA
MEMORANDUM
2'J5 ;ECT:
'lztzt'~ ~5. 2'392
Nanzy F,:ng. Senior Planner
Dan Watters, Crime Analyst
$AM'~ PLACE
Az requested ~ have completed a 3 month study of police
:-esponse£ and reports relating to the area of SAM'S PLACE (662~
Carnelian).
In sumsarT there have been 4 call's for service at SAM'S PLACE
of whlch 3nly 2 required reports.
Attached are ~ =u-maries that show all reports for the last
months relatzng to the corner of 19th and Carnelian. One
summar'/ only shows reports from 6 pm thru 3 am to break out
items +~a' ~i~h+ be attributed to SAM'S PLACE. As you can
tkere are I~ total reports for that time period and some
tl, taily un£elated to anything that SAM'S PLACE could contribute
to.
If you have any questions. please feel free to call ~e at
e:-:tenslon 2428.
DW/dw
10125193
Date
Time Type
MAP_RC
Reports taken from 6 pm thru 3 am
Location
Pa9
Result
07/12/93
07/14/93
07/23/93
07/24/93
07/25/9,3
07/25/93
07/28/93
~7/29/93
07/30/91]
08/05/93
08/23/93
09/03/93
09/10/93
09/12/93
09/20/93
2227 PC488
2337 1182
0203 PC242
0154 VC23152
0125 FOUNDP
0214 PC242
0103 VC10851
2251PC2_4.5 .......
0136 PC242
0152 VC10851
0251 INC
1802 1182
0156 PC488
0108 PC488
0048 1182
19TH ST /CARNELIAN ST
19TH ST /CARNELIAN ST
6620 CARNELIAN ST
19TH ST /CARNELIAN ST
19TH ST /CARNELIAN ST
6620 C __ARNELIAIq ST
19TH ST /CARNELIAN ST
66~Q_CARNELIAN ST
19TH
19TH
19TH
19TH
19TH
8689
6626
ST /CARNELIAN ST
ST /CARNELIAN ST
ST /CARNELIAN ST
ST /CARNELIAN ST
ST /CARNELIAN ST
19TH ST
CARNELIAN ST
RTF
RTF
RTF
ARR
RTF
RTF
ARR
RTF
RTF
RTF
ARR
RTF
RTF
RTF
RTF
CoP q3-4,7
FIRI: SA!:t'I~Y i.)IV!.Si()IsI l'Ii~)Jl.'.(71' t/F. VII:\X,' (:OMMF. IXI'I'S
D~t~ ,/O'..Z. 7' ~'Z'
RFCFIVFrl
u[;I ~7 1993
City o! Rancl~o Cucamonga
I'q.qnning [~ L~'i$ion
CITY OF RANCHO CUCAMONGA
MEMORANDUM
Date: November 2, 1993
To: ~Nancy Fong, Senior Planner
From: Richard L. Alcorn, Code Enforcement Supervisor
Subject: ENFORCEMENT ACTION - SAM'S PLACE, 6620 CARNELIAN AVENUE
ABSTRACT
In August 1993, Code Enforcement reinstated action to bring Sam's Place
into compliance with the City's Entertainment Permit requirements.
During the preceding months, efforts by the Planning staff to work
cooperatively with the owners of Sam's Place to modify their
Entertainment Permit had been unsuccessful. Sam's Place continued to
have entertainment beyond that which was approved by their Permit, they
failed to comply with other conditions of approval, and ignored
repeated requests to discontinue the illegal entertainment or seek a
modification.
Current Code Enforcement action has resulted in the submittal of a
request to modify their Entertainment Permit. However, even with this
application pending, compliance with the current Permit has only been
assured when Code Enforcement staff actually monitors activities at the
business. The ownership and management of Sam's Place has, and
continues, to consistently violate the terms of this permit and other
City Code requirements. Sign violations and outside storage violations
continue to exist following repeated notifications, and enforcement
action is nearing the stage of criminal prosecution.
SUMMARY
The following is a summary of Code Enforcement action for the period of
Augxzst 1, 1993 through October 31, 1993:
August 16, 1993 - Newspaper advertisements for live entertainment,
incl'ua~ng live bands, a disc jockey, karaoke, and lingerie shows are
compiled, and activities verified by phone in preparation for on-site
inspections.
September 8, 1993 - Verification of continued illegal entertainment is
presented to City Planner. On-site inspections are scheduled following
the mailing of a final notification letter.
September 14, 1993 - Final notification letter is sent by the City
Planner informing the business of pending legal action. Police
Department is informed of pending inspections.
September 19, 1993 - On-site inspection found three (3) piece blues
band preparing to perform. No entertainment is permitted on Sundays,
and a three (3) piece band is not approved. Sam Pellegrino acknowledged
this violated permit requirements and told the band not to perform.
Memorandum - Sam's Place
November 2, 1993
Page,
September 21, 1993 - On-site inspection found a live D.J. performing. A
live D.J. is not an approved form of entertainment. The manager agreed
to discontinue all illegal entertainment and apply for a modification
to their permit.
September 22, 1993 - Night manager, Randy Alverez, inquired about
continuing to have karaoke and a live D.J. I reviewed the permitted
entertainment (guitarist and soloist) and he again agreed to
discontinue all but approved entertainment.
OctolDer 26, 1993 - Periodic spot checks for entertainment were
negative. However, advertisements continue to run unchanged and reports
of entertainment continue to be received by Code Enforcement. I
contacted the night manager regarding continued entertainment. He
confirmed that illegal entertainment had occurred fo//owing my contact.
I again admonished him to discontinue all but approved entertainment
until action by the Planning Commission is completed.
RLA
T H E
A N C H 0
C
September 14, 1993
Mr. Sam Pellegrino
Sam'# Place
6620 Carnelian Avenue
Rancho Cucamonga, CA 91701
SUBJECT: SAY'S PLACE - CONDITIONAL USE PERMIT 78-03 AND ENTERTAINMENT
PERMIT 91-02
Dear Mr. Pellegrino:
On June 22, 1993, the City notified you that Sam's Place is not in complilnce
with the Entertainment Permit, in that entertainment is being provided on
Sundays and live entertainment such as a live b~ues band, disc jockey, and
lingerie show are being offered.
The City asked you to cease any entertainment beyond that approved, which is a
duet consisting of a singer and an acoustical guitarist. To date, you have
not responded, nor have you applied for a modification to the entertainment
permit. The City has no alternative but to proceed with the citation process
immediately.
If you have any questions, please call me or Nancy Fang at (909) 989-1861.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
P~ DIVISION
BB:gs
cc:
John Mannerino, Attorney
Nancy Fang, Senior Planner
Richard Alcorn, Code Enforcement Supervisor
Mayor Denms L Stout
Mayor Pro-Tern ChartesJ Buouet II
JaCk ham. AICP Cffy Manager
Councilmember Wllham J Alexar
Councilmember D~ane
CouncdmemDer Rex Guherrez
CA 91729 ~909) 989-1851
T
NC H
June 22,. 1993
0 C UC A }iON
Mr. Sam Pellegrino
Sam's Place
6620 Carnelian Avenue
Rancho Cucamonga, CA
91701
SUBJECT: CONDITIONAL USE PERMIT 78-03 & ENTERTAINMENT PERMIT 91-02 - SAM'S PLACE
Dear Mr. Pellegrino:
It has come to our attention that you have been advertising in the Inland Valley
Daily Bulletin for the following entertainm-nt: live blues band on Saturday night;
DJ on Monday, Tuesday, Friday, and Saturday; karaoke on Wednesday; and a lingerie
show on Thursday.
Your Entertainment Permit 91-02 only allows for a duet, consisting of a singer and an
acoustical guitarist and further does not allow any live entertainment on Sunday.
You are to cease immediately any entertainment beyond that approved by Entertainment
Permit 91-02. If you desire to offer ad~itional entertainment beyond that approved
under your current entertainment permit, you must apply for a modification to the
entertainment perm/t. Continued violation of the entertainment permit will result in
revocation proceedings.
City staff will continue to monitor your business to ensure compliance with the
~-~*conditions of approval contained in Conditional Use Permit 78-03 and Entertainment
Perm/t 91-02.
If you have any questions, please do not hesitate to call me or Nancy Fong at (909)
989-1861.
Sincerely,
COMMUNITY DEVELOPMENT DEPART~'~T
/ City P/anner~
BB:NF/jfs
ca:
John Mannerino, Attorney
Nancy Tong, Senior Planner
Richard Alcorn, Code Enforcement Supervisor
Mayor Oennls L. Stout
~,~oyor Pro-Tem Charles J BuCluet II
Jack, Lorn. AICP. C~t¥ Manager
10500 Cw~c Center Dr,ve
ql-o 2
Counc~lrnemlDer William J. Alexonae~
Councllmem13er Diane Williams
Counc~lmemoer r~ex Gutierrez
P O Box 807 r~onch~otj;~ CA 91729 (909) 089-1851
s at ~-=-=~ shot ~o ~dn
avomtM oc~edulo, a
[eh'~',~JE ~ T UC~
~:,.,~ ..~
State?
No Cover Charge - Ever!
SAM'S THE COLLEGE CONNECTION ~ ,..,.*r. m,]',
HAPPY HOUR ~ ..*,---m. ~--l''
$1]S I:)~fiudc Dm~ A Wdo
GOldl~3 SOON NEW LUI~H & I~I~I~I~R Idl~qO * OP~I F<XnI ~ ? DAYS A WEEK
Comer of Carnelian & 1Oth, Alta Loma 941-1100
SUNDAY NITE
UVE BLUES BAND
FREE Buffet- $:00 PM
WEDNESDAY
KARAOKE
8:301~w-1:00era
$200
DRAFT
MONDAY
RAMS & RAIDERS
TICI~TGtVF. RWAY
FREE Hot Buffet
,0 ~. ~ o!
THURSDAY
LADLES
NrTl= .,,,. ,,.,,. ........
UNGERIE SHOW
$.'00pmTO7:001ml, ,
TUESDAY
¢OLLEOE NITE
UVE BAND
FRIDAY & SATURDAY NITES
-SHOOTERS SPECIALS
COME BEFORE 9
TO AVOID THE LINE
.1
- 2
P~_~olution No. 91-382
~age 5
RESOLUTION 82-98
A RESOLUTION OF THE RANCHO CUCA/40NGA PLANNING COMMISSION
OF THE CITY OF RANCHO CUCA&40NGA, CALIFORNIA, MODIFYING
CONDITIONAL USE PERMIT 78-03 FOR BAR AND ENTERTAINMENT
FACILITIES WITHIN THE BOAR'S HEAD ESTABLISHMENT LOCATED
IN THE RANCHO PLAZA IN THE C-1 ZONE
WHEREAS, on the 22rid day of September, 1982, the Planning Commission
determined the need to suspend Conditional Use Permit 78-03 and to conduct a
public hearing; and,
WHEREAS, on the 27th day of October, 1982, the Planning Commission
held a public hearing to consider the above item.
NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolves as
follows;:
SECTION 1: Additional conditions and changes are found to be needed
for Conditional Use Permit 78-03 in order to mitigate the past disturbances
and bring the use in accord with the intent and purpose of the neighborhood
shopping district. Therefore, the following conditions are added to those
already in effect per Resolution 78-40:
Periodic policing of the parking lot by the
management of the business should be done on a
nightly basis to assist in averting disturbances
from patrons.
Block access to the northwest parking area from the
main parking area by placing large trees and
planters in the driveway. Additionally, a chain or
breakaway barrier shall be used to block access to
this area from the rear driveway during evening
hours.
e
A sound attenuation wall shall be built on the three
properties adjacent to the northwest parking area of
the center. The precise height, location and
construction materials shall be determind through
the development of a precise development plan, which
shall be prepared by the shopping center owner and
reviewed and approved by the City Planner. Such
in~orovement$ shall consider the use of sound
attenuation material as well as some additional
landscaping between the new wall and the existing
wall. The plans should be prepared as soon as
possible and installatiion, with the cooperation of
all property owners and before the January 26, 1982
meeting scheduled by the Comission.
Speed bumps shall be placed throughout the center.
~P~.~].ution No. 91-382
Resolution No. 82-98
Page 2
An analysis of the building shall be conducted to
determine the needs for sound insulation.
Appropriate insulation shall be installed, if
needed.
The rear door of the business shall remain closed
during evening hours, except in the event of an
emergency.
The northwest parking area shall not be used by
Boar's Head patrons or employees and shall be
appropriately posted.
ge
This Conditional Use Permit shall be brought before
the Planning Co,~nission on January 26, lg83, for a
report on the performance of the establishment.
10.
The business shall alter its operation to include
restaurant usage and food service during the evening
hours. This is required to meet the intent of the
original approval and shall be accomplished within
sixty (60) days of this action.
APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982.
PLANNING y~IMy~N OF T~CJY OF RANCHO CUCAMONGA
I, JACK LAM, 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 hel~
on the 27th day of October, 1982, by the following vote-to-wit:
AYES:
COMMISSIONERS: McNiel, King, Rempel
NOES:
COMMISSIONERS: Barker, Stout
ABSENT:
COMMISSIONERS:
None
P~OLUTION NO. 91-382
A RESOLUTION OF THE CITY ODt~gCIL OF THE cl'l~ OF RAN(~tO
CUCAMONGA, CALIFO~-~A, ~ TdE APPEAL OF THE
~ --U~4~ISSIGN' S Df~ISIC~ TO D~Y
P~'~' 91-02 FOR ~ P~ TO (IINDOCT LIVE
T~E NEIGHB~H~0GO -LU~(~CIAL DISTRICT AT 6620 CA~.?A/~
STREET, NORI~WEST ~ OF 19TH AND CA~N~.TAN
AND MAKING FINDIN~ IN ~ THEREOF - APN: 201-811-56
~ 6O
A. Recitals.
(i) John Mannerino, c~ behalf of Sam Pellegrino, b~ filed an
application for f~Tterta~ Permit 91-02 as _=_~=~ibed i~ the title of thi~
Resolution. Hereima~_r in tb~ ~esolution, the subject Ene~wtairm~t Permit
is referred to as the "application."
(ii) On July 10, 1991, and cc~ti~ to July 24, Aucju.~c 14, ar~
Se~fcsmber 11, 1991, the Planning C~L,dssion of the City of Rar~ho
___~nnduc~ced a duly noticed public b-~irg on the application and following the
conclusion of said public hearings, ~4~ot__~4_ ~esolution No. 91-132, thereby
defying said application.
(iii) The decision re~---~n~ by said Planning was timely appealed to tbt~-Council.
(iv) On October 16, ar~ continued to November 20, 1991, the City
Council of the City of ~ ~ conducted a duly noticed Dublic
~.c=ring on the application and concluded said hearing on that date.
(v) All legal prerequisites prior to the ~gtion of this ~olution
have czz~rred.
B. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby find, determine, ~ resolve as follows:
1. ~bi~ Council hereby specifically finds that all of the facts set
forth in t_he Recitals, Part "A," of th/s Resolution are true and cut~k~ct.
m/nutes of the above-referenced Planning C~.~ssic~ __.~e_ i.g, and the contents
of Planning O_-_~ission Resolution No. 91-132, this Council hereby specifically
fim4-~ as follows:
(a) The a~plication applies to ~c~a~ty located at the north-
west ¢Drner of 19th and Carnelian Streets with a ~ fr~ of 1,037 feet
and lc~ degth of 240 feet and is ~-esently i~ with a shoppirg oenter.
Resolution No. 91-382
Page2
(b) The property to the north of the subject site is a future
freeway; the property to tb~ south of that site is an existing shopping
property to the west is existing single family residenoes.
(c) The applicant ba-~ been c~erating the business beyond the
11:00 o'clock P.M. limitation ar~ offerir~ live er~ in violation of
the conditions of approval as __~_~ in P~olution Nee. 83-117 a~d 91-007
for Cord{tional Use Permit No. 78-03 and Ordinance No. 290 pertaining to
(d) The City ba~ received three written ¢<~_~laints objecting to
the lateness of the hours of operation and the live entertainment.
(e) ~ne current limitation on hours of operation to 11:00
o'clock P.M. and the elimination of live ene-~ca/=--~rd: were eseahlisbad as a
~rect result of a hise...y of public safety and public nu/unce probl~
associated with tbt~ location.
(f) %~ne City ba~ not received evidence that the former probl~us
have occui%-~l since the owners original rec~t in May of 1990.
(g) The applicant has sukmi~t~ a ~otition of a~xo~imat~ly
1,600 signatures in support of exter~ng the hours of c$~z-ation and ~u~i~
live enterta~ for Sam's Place.
(a) ~he carduct of the e~hlism~nt or the granting of the
application would not be contrary to the public health, safety, morals, or
(b) The pr~nises or ese~hl~ is not likely to be opera~',~
in an illegal, improper, or a~_e~Tderly runner; and
'(c) That gra~ the application, together with the __~grd_ {tions
of appzx~l, would ~ot crea~e a public ~,{--~ _-f~; ard
(d) ~at the normal operation of the pram~ w~ld not inter-
fete with the lmmmoe ard quiet of the surroutd~ residential neig~xhcod.
4. ~e City C0ur=il of the City of Rancho Cucamonga ba~eby approves
the application with the following corditic~s:
1)
All pertinent co~litio~ of ~ as co~tained in
Planning ~==ion Resolution No. 82-98, a copy of which
has been attached hereto, shall a~ly.
2) The ~ Permit is grant~ for a duet only,
ccr~is~ of an acoustical guieavist and a singer.
Resolution No. 91-352
Page 3
3) Any live entmrtainment shall be p~-uvided bet%~n 8:00
o'clock P.M. ar~ 2:00 o'clockA.M. Morley th~ Saturday.
4)
~ fruit and beck doors of the busir~ shall r~ain
closed during evenir~ hours (afe-r 6:00 o'clock P.M.)
except in the event of an e~3ency.
5)
~ne ~ parkin~ area shall not be used by patror~
frc~ Sam's Plaoe ard shall be ap~x~0zia~ly ~_r~_ ~t.
6)
A mini~ of two regularly employed security ~ds shall
be rec~,~red to be o~ the premises fx~ 6:00 o,clock P.M.
until two hours after the cessatic~ of the servin~ of
aloohol ar~ any live entexe~i-m~lt. At l~-~t o~e of the
adjacent areas of the facility.
7)
A~z-oval of th~ re~ _~t shall not waive cc~oliance with
all sections of the Development Code and all other
applicable City O£Cutnanoes.
8)
If the operation of the facility causes adverse effects
upon the surr~ resi~nts, adjacent businesses and
tanants, includin~ but not limited to, noise, loitarir~, or
distur~ _~c~_, the Cc~tltio~al Use P~wmit shall be br~wlh~t
before the Planning C~maission for the cons~ation and
possible t~rminatic~ of use.
5. ~ Council hereby provides notice to John Mannerino that the
time within which judicial review of the decision re~x~sent~ by this
Resol~fcion n~st be sought is ~~ by the ~visic~s of California Code of
Civil Procedure Section 1094.6.
6. The City Clerk of the City of Rancho ~ is hereby direc~
to: (a) certify to the adoution of this __~__~__~__~__~__~__~__~__~luti~, and (b) forthwith
transmit a certified copy of t_h~_~ Resolution, by oertified mail, return-
recei~fc requested, to John Manmerino at the ~ identified in City
7. The City Clerk shall certify to the ~%~t_ ion of tb~ ~lution.
PASSED, ~, ar~ ADOPTED this 4th day of Deo~ber, 1991.
AYES: Ale~m-~r, Buquet, Williams
NOES: Stc~t, Wright
R_~lution No. 91-382
I, D~A J. ADAMS, CITY ~K of the City of ~ Cucamonga,
California, do hereby certify that the foregoin~ Resolutic~ was duly passed,
ap~, and adc~t~ by the City Council of the City of Rancho ~,
California, at a regular meeting of said City Oou~cil held c~ the 4th day of
~, 1991.
Executed t_h/s 5th day of ~, 1991 at Rancho Cuc~onga,
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO
ENTERTAINMENT PERMIT NO. 91-02, TO EXPAND THE
ENTERTAINMENT TO ALLOW A LIVE SAND, DISC JOCKEY, AND
KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED
AT 6620 CARNELIAN STREET IN THE NEIGHBORMOOD COMMERCIAL
DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN= 201-811-56 THROUGH 60.
A. Recitals.
1. Luanne Pellegrino has filed an application for the issuance of
Entert:ainment Permit No. 91-02, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Entertainment Permit
request is referred to as "the application."
2. On the loth day of November 1993, the Planning Comanission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on November 10, 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 at 6620 Carnelian
Street and is presently improved with a shopping center; and
b. The property to the north is vacant and planned for a future
freeway, the property to the south is a shopping center, the property to the
east is a shopping center; and the property to the west is single family
residences; and
c. The original Entertainment Permit was granted for a duet and
allowed entertainment on Monday through Saturday between 8 p.m. to 2 a.m.; and
PLANNING COMMISSION RESOLUTION NO.
EP 91-02 - SAM'S PLACE
November 10, 1993
Page 2
d. The applicant expanded the types of entertainment to include
live bands, disc Jockey with karaoke, and lingerie shows and the days for
entertainment to include Sunday in violation of Ordinance No. 290 and City
Council Resolution No. 91-382; and
e. After receiving the City's notice of violations, the
applicant submitted an application requesting modification to the
Entertainment Permit to allow entertainment on Sunday and to add live bands,
disc jockey, and karaoke for entertainment.
f. The City received comments from adjacent residents objecting
to the loud noise from entertainment being conducted at Sam's Place.
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 and the granting of the
application would not be contrary to the public health, safety, morals, or
welfare.
b. That the establishment is not likely to be operated in an
illegal, improper, or disorderly manner.
c. 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 ihad any approval, permit, or license issued in conjunction with the sale
of alcohol or the provision of entertainment revoked within the preceding five
years.
d. That that granting of the application would not create a
public nuisance.
e. That the normal operation of the premises would not interfere
with the peace and quiet of any surrounding residential neighborhood.
f. 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 set forth in paragraphs
1, 2, and 3 above, this Commission hereby approves the application subject to
each and every condition set forth below and attached hereto and incorporated
herein by this reference:
PLANNING COMMISSION RESOLUTION NO.
EP 91-02 - SAM'S PLACE
November 10, 1993
Page 3
Plannin~ Division:
1)
All pertinent conditions of approval as contained
in City Council Resolution No. 91-382, a copy of
which has been attached hereto, shall apply
except for Conditions No. 3 and 8.
2)
All pertinent conditions of approval as contained
in Planning Commission Resolution No. 82-98, a
copy of which has been attached hereto, shall
apply.
3)
Entertainment is granted for a duet, live bands,
disc jockey, and karaoke. Any other
entertainment not listed is not approved.
4)
Entertainment is granted for Tuesday through
Saturday and between the hours of 8 p.m. to 12
midnight.
5)
The applicant shall submit a monthly calendar of
entertainment events to the City Planner for
review of compliance with the approved
entertainment uses.
6)
Prior to commencement of the entertainment, the
applicant shall complete all work required by the
conditions of approval to the satisfaction of the
City Planner.
7)
Violations of any one of the conditions of
approval as contained in this Resolution, City
Council Resolution No. 91-382 and Planning
Commission Resolution No. 82-98, as well as
violations of any City Codes, ordinances, etc.,
shall be cause for revocation of the
Entertainment Permit by the Planning Commission.
Fire District:
1)
A Public Assembly Permit shall be required. The
applicant shall comply with all State Fire
Marshall's regulations. The applicant shall
submit accurately dimensioned, detailed floor
plans for the Fire District review and approval,
prior to issuance of the Public Assembly Permit.
2)
The applicant shall complete any work required by
the Fire District and the building shall be
inspected to the satisfaction of the Fire
Marshall, prior to commencement of the
entertainment.
PLANmING COMMISSION RESOLUTION NO.
EP 91-02 - SAM'S PLACE
November 10, 1993
Page 4
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCANONGA
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 tlhe 10th day of November 1993, by the following vote-to-wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT: COMMISSIONERS:
RESOLUI~ON NO. 91-382
A RESOLUTI~ OF ~HE ul'l~ COUNCIL OF ~]{E CITY OF RANO~
~, CALIF-~IA, SUSTAINING %/~ APPEAL OF ~E
~ OC~WISSI~'S D~CISIC~ TO D~Y
P~[IT 91-02 ~ THE P.~3EST TO ___Cr~D%~-~ LIVE
THE NEIG~B~000 ~ DISTRICT AT 6620
AND MAKING FINDINGS IN SUPP~ ~DF - APN: 201-811-56
~ 6O
A. Rscitals.
(i) John Mannerino, c~ behalf of Sam Pelle~rino, has filed an
applicatio~ for ~ltertainment Permit 91-02 as described in the title of tbt~
Re~lution. Hereinafter in this Resolutic~l, the subject Ent~~ Permit
(ii) O~ July 10, 1991, and c~ui~ued to July 24, Aucjt~-t 14, a~d
September 11, 1991, the Pla~r~ C~uudssion of ~ Ci~ of ~ ~
~l~i~ of ~ ~lic P~, ~ ~l~i~ ~. 91-132, ~
~ ~id ~li~ti~.
(iv) On October 16, ar~ ccFfci~ued to Nov~k~r 20, 1991, the City
Oounci.1 of the City of Rancho O~-~ga cc~ducted a duly noticed public
P. carin~ on the application and concluded said h:arin~ on that am~e.
(v) All leqal prerequisites prior to the akgtion of tb~-~ ~lution
have occurred.
B. P~lution.
NOW, ~E~0RE, the City Council of the City of Rancho ~ does
hereby find, determine, and resolve as follows:
1. TD~-~ Council b~mby specifically finds that all of the facts set
forth in the Recitals, Part "A," of this Resolution are true and correct.
finds as follows:
(a) The a~plication a~91ias to ~Ly located at the _m?th-
west cor~er of 19th ar~ Caz~lia~ Streets with a street fr~fcage of 1,037 f~t
and lot degth of 240 f= and is presently im~ with a shopping center.
P~ol%fcion No. 91-382
~'~:~e
(b) The property to the north of the subject site is a future
f~y; the property to the south of that site is an ew~-~ting ~hc~0ing
uru~0erty to the west is ew~ ~ting single family residences.
(c) The applicant b~-q been opmrating the business beyond the
11:00 o'clock P.M. limitatic~ and offerin~ live entertairm~nt in violation of
the conditions of a~ as coF~ained in Resolutic~ Nc8. 83-117 and 91-007
for Cc~ti~] Use Permit No. 78-03 and O~ 'uinance No. 290 pertainirg to
(d) The City b~ received three written o~laints objecting to
the lateness of the hours of operatio~ and the live entertainment.
(e) ~he o/trent l{m~tatic~ c~ ho%~s of oi~8ratio~ to 11:00
o'clock P.M. and the el{m~natic~ of live e~ w~re es~ahlisk~ as a
~ect result of a h/st_.-f of public safety ar~ public m,4~_-ce__ problems
associated with tb~ location.
(f) The City has not received evidem~e that the former problems
have oocurred sinoe the owners original recp~t in May of 1990.
(g) The applicant has submitted a petition of ap~mz~/mately
1,600 signatures in suppor~ of exT~_Dd{ng the hours of c~eratic~ and providing
live enterta~ for .~m's Place.
(a) The ccrzh~ of the establishment or the ~uTting of the
application wuuld not be __~'~:rary to the public P--!th, safety, morals, or
welfare.; and
(c) ~hat 9rdn~ the application, together with the cc~tions
of ap~x~vel, b~ald no~ crmmte a ~ublic m,~nce; and
(d) ~hnt the r~mal c~eration of the m_..4= would not inter-
fete with the IMhmO8 and quiet of the su~.ling r~s~ ~eighborhocd.
4. The City Co~il of the City of Rancho Cucamm~ heruby approves
the application with the followin~
1)
All pertinent conditions of a~x~val as contained in
Plann/n~ O ..... ~eion ~esolutiofi No. 82-98, a co~y of which
has __~n_ atta~ hereto, shall
2) The ~ P~rmit is grant__-~_ for a duet only,
c~mistin~ of an acoustical guitarist ar~ a si~er.
Resolution No. 91-382
Page 3
4) ~ne front and back doors of the business shall re~ain
closed during evenin~ hours (after 6:00 o'clock P.M.)
except in the event of an emergency.
5)
The northwest parkin~ area sh~ll not be used by patrons
frc~ S~m's Place and shall be appropriately post~.
6)
be re~Hred to be c$1 the pr~m~ f~. 6:00 o'clock P.M.
until two hours after the oessatic~ of the serving of
alcohol and any live ene=-~{~--at. At ]~t c~e of the
adjacent ~ of the facility.
7)
Approval of th/s request shall not waive ¢~_:~liance with
all sections of the Develo~e~.nt Code ar~ all other
applicable City Ordinances.
6. The City Clerk of the City of Ran~ ~ is hereby ai~ect~
to: (a) certify to the adoption of thi~ ~,~=~lution, and (b) forthwith
transmit a cer~ifiad co~y of tbi~ Resolution, by certified mail, return-
receipt requestS, to John Mannerino at the ackk~=~ identified in City
7. ~e City Clerk shall certify to the adoption of tb~ Resolution.
PASSED, APPrOVeD, ar~ ADOwl~u this 4th day of Dec~ber, 1991.
Alexander, Buquet, Williams
AYES:
NOES: St~ut, Wright
~: None
R~solution No. 91-382
D~.,, a J. ~ City Clerk
I, DE~A J. A/i~MS, CITY ~.~ of the City of Rancho O~monga,
California, do hereby certify that the foreqoing Resolution was duly passed,
ap~, and adopted by the City Council of the City of Rancho O~monga,
California, at a re~/lar meeting of said City Council held on the 4th day of
December, 1991.
Execuwo~ th/s 5th day of December, 1991 at Rar~ho C~ca~x~/a,
California.
D~,.~ J. City Clerk
p~olution No. 91-382
~age 5
RESOLUTION 82-98
A RESOLUTION OF THE RANCHO CUCAJ40NGA PLANNING COMMISSION
OF THE CITY OF RANCHO CUCA~40NGA, CALIFORNIA, MODIFYING
CONDITIONAL USE PERMIT 78-03 FOR BAR AND ENTERTAINMENT
FACILITIES WITHIN THE BOAR'S HEAD ESTABLISHMENT LOCATED
IN THE RANCHO PLAZA IN THE C-1 ZONE
WHEREAS, on the 22rid day of September, 1982, the Planning Commission
determined the need to suspend Conditional Use Permit 78-03 and to conduct a
public hearing; anU,
WHEREAS, on the 27th day of October, 1982, the Planning Commission
held a public hearing to consider the above item.
NOW, THEREFORE, the Rancho Cucamonga Planning Con~nission resolves as
follows:
SECTION l: Additional conditions and changes are found to be needed
for Conditional Use Permit 78-03 in order to mitigate the past disturbances
and bring the use in accord with the intent and purpose of the neighborhood
shopping district. Therefore, the following conditions are added to those
already in effect per Resolution 78-40:
Periodic policing of the parking lot by the
management of the business should be done on a
nightly basis to assist in averting disturbances
from patrons.
3. Block access to the northwest parking area from the
main parking area by placing large trees and
planters in the driveway. Additionally, a chain or
breakaway barrier shall be used to block access to
this area from the rear driveway during evening
hours.
A sound attenuation wall shall be built on the three
properties adjacent to the northwest parking area of
the center. The precise height, location and
construction materials shall be determind through
the development of a precise development plan, which
shall be prepared by the shopping center owner and
reviewed and approved by the City Planner. Such
improvements shall consider the use of sound
attenuation material as well as some additional
landscaping between the new wall and the existing
wall. The plans should be prepared as soon as
possible and instailatiion, with the cooperation of
all property owners and before the January 26, lg82
meeting scheduled by the Con~aission.
Speed bumps shall be placed t_~h~ughout the center.
No. 91-382
Resolution No. 82-98
Page 2
An analysis of the building shall be conducted to
determine the needs for sound insulation.
Appropriate insulation shall be installed, if
needed.
e
The rear door of the business shall remain closed
during evening hours, except in the event of an
emergency.
The northwest parking area shall not be used by
Boar's Head patrons or employees and shall be
appropriately posted.
This Conditional Use Permit shall be brought before
the Planning Commission on January 26, 1983, for a
report on the performance of the establishment.
10.
The business shall alter its operation to include
restaurant usage and food service during the evening
hours. This is required to meet the intent of the
original approval and shall be accomplished within
sixty (60) days of this action.
APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982.
PLANNING777N OF T~,~/Y OF RANCHO CUCAMONGA
~-.7 71 '-f/ J , ~ ,
AT ~_ S'~ of ~ e ann n~
I, JACK LAM, Secretary of the Planning Comtssion 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 27th day of October, 1982, by the following vote-to-wit:
AYES:
COMMISSIONERS: McNiel, King, Rempel
NOES:
COMMISSIONERS: Barker, Stout
ABSENT: COMMI SS IONERS: None
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 93-47 FOR AN AMUSEMENT ARCADE IN CONJUNCTION
WITH A RESTAUI~ANT AND BAR LOCATED AT 6620 CARNELIAN
STREET IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-811-56
THROUGH 60.
A. Recitals.
1. Sam Pellegrino has filed an application for the issuance of
Conditional Use Permit No. 93-47, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
2. On the 10th day of November 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.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on November 10, 1993, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
m. The application applies to property located at 6620 Carnelian
Street and is presently improved with a shopping center; and
b. The property to the north is vacant and planned for a future
freeway, the property to the south is a shopping center, the property to the
east is a shopping center, and the property to the west is single family
residences; and
c. The application is for an amusement arcade in a bar and
restaurant with a total of six games consisting of four electronically scored
dart boards, one pinball machine, and one basketball machine.
PLANNING COMMISSION RESOLUTION NO.
CUP 93-47 - SAM'S PLACE
Noventer 10, 1993
Page 2
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Conmlission 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 findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby approves the application subject to
each and every condition set forth below=
Plannin~ Division
1)
The approval is for six amusement devices. Any
increase to the number of amusement devices will
require a modification to the Conditional Use
Permit.
2)
No person under 18 years of age may enter, be in,
or remain in any part of a game arcade during the
hours school is in regular session or after
curfew. This limitation shall be prominently
posted at the entrance of the facility, in
letters not less than 1 inch in height, and shall
be enforced by the adult supervisor.
3)
Adequate interior clear space shall be provided
for safe and convenient patron circulation and
shall meet the following minimum standards:
a)
Amusement devices shall be located no
closer than 12 inches from any wall
assembly separating the arcade from any
adjacent building or portion of a building.
b)
Provide a minimum of 60 inches between
amusement devices and any entrance or exit.
c)
Where amusement devices are located along
one side of an aisle, provide a minimum
unobstructed aisle width of 66 inches.
Where amusement devices are located along
PLANNING COMMISSION RESOLUTION NO.
CUP 93-47 - SAM'S PLACE
November 10, 1993
Page 3
4)
5)
7)
S)
9)
both sides of any aisle, provide a minimum
unobstructed aisle width of 90 inches.
d)
Additional interior clear space may be
required by the Building Official, Foothill
Fire District, or Sheriff's Department in
order to maintain public safety.
No amusement device shall be used for purposes of
or in connection with gambling. The winning of
anything of value shall constitute gambling,
except the winning of a prize in a scheduled
tournament.
Approval of this request shall not waive
compliance with all sections of the Development
Code and all other applicable City ordinances in
effect at the time a Certificate of Occupancy is
granted.
Change-making or token exchange facilities shall
be provided for patron use inside the premises.
Access to the game area must be from the main
entrance to the primary use and not from a
separate exterior entrance. The rear exit shall
be for "Fire Exit Only."
The walls, ceiling, or floor, or any combination
thereof, of the building or structure, or portion
thereof, shall be insulated or otherwise
constructed so that no vibration that is
detectable without the aid of any mechanical
device or instrument will be allowed to be on the
outer perimeter of the arcade.
This approval shall become null and void if a
Certificate of Occupancy is not issued within 18
months from the date of approval, unless an
extension has been granted by the Planning
Co~ission. This Conditional Use Permit shall be
monitored and brought back to the Planning
Co~ission within 6 months from occupancy to
review compliance with all conditions of Approval
and applicable City ordinances. Failure to
comply with Conditions of Approval Or applicable
City ordinances shall cause the suspension of the
Conditional Use Permit and possible revocation of
the Conditional Use Permit by the Planning
Commission.
PLANNING COMMISSION RESOLUTION NO.
CUP 93-47 - SAM'S PLACE
November 10, 1993
Page 4
Fire District
2~
5. The
this Resolution.
A Public Assembly Permit shall be required. The
applicant shall comply with all State Fire
Marshal's regulations. The applicant shall
submit accurately dimensioned, detailed floor
plans for the Fire District review and approval.
The applicant shall complete any work required by
the Fire District and the building shall be
inspected to the satisfaction of the Fire
Marshal, prior to commencement of the use.
Secretary to this Conunission shall certify to the adoption of
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTEST:
Brad Bullmr, 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 10th day of November 1993, by the following vote-to-wit:
AYES:
COMMISSION~RS~
NOES:
COMMISSIONERS:
ABSENT: COMMISSIONERS:
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
November 10, 1993
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Scott Murphy, Associate Planner
CONDITIONAL USE PERMIT 93-45 - HILDENBRAND - A request to establish
a stress reduction clinic within an existing industrial complex in
the Industrial Park designation (Subarea 6) of the Industrial Area
Specific Plan, located at 8645 Haven Avenue, Suite 550 -
APN: 209-144-54.
PROJECT AND SITE DESCRIPTION:
:Site Characteristics: The eastern portion of the site is developed with a
multi-tenant industrial complex containing a variety of users. The
western portion of the site, along Haven Avenue, and the parcel to the
north are vacant. The property to the south and east are developed with
industrial buildings.
B. Parking Calculations:
Number of Number of
Type Square Parking Spaces Spaces
of Use Footage Ratio Required Provided
Medical 3,139 1 space/ 16 16
200 sq. ft.
~lti-tenant 41,313 1 space/ 103 118
400 sq. ft.
Total 44,452 119 134
ANALYSIS:
General: The applicant is proposing to operate a stress reduction clinic
within the multi-tenant industrial complex. The use will consist of
various rooms to perform different methods of relaxation therapy and
stress reduction. A "weightless" room will provide a large trampoline
where clients will lay in total darkness, giving the feeling of
weightlesshess. The isolation room will provide a small pool filled with
salt-dense water to be maintained at room temperature. The only light in
the room will be small lights to identify the location of the pool. With
the lights turned off and no other sensory stimulation (e.g., sounds,
ITEM F
PLANNING COMMISSION STAFF REPORT
CUP 93-45 - HILDENBP~AND
November 10, 1993
Page 2
smells, etc.), the body will experience complete sensory deprivation. The
two rage rooms will consist of padded rooms where clients can release
their emotions. The 6 inches of padding on the walls, floor, and ceiling
will protect the clients and insulate the room to prevent noise from
affecting others. The stretching room will consist of a chiropractic
stretching table. With the exception of the isolation room, music,
aromas, and/or mediation tapes can be introduced into the rooms to further
assist in stress reduction.
In reviewing the application in relation to potential impacts on
surrounding uses, staff believes the facility will have little impact on
the other uses in the complex. The suite to the south is presently vacant
and the suite to the north is occupied by a flooring company. The
proposed use will have roughly the same characteristics as a medical
office, similar to the chiropractors office existing on the north end of
this building. Noise generated from the rooms must be carefully monitored
within the clinic in order to avoid disruption to other clients, or other
businesses in the complex. Therefore, staff anticipates no adverse
effects on the adjacent businesses.
Technical Review Co~aittee: As with most Non-Construction Conditional Use
Permits, a certain amount of tenant improvement will be required. In this
case, however, the proposed use is not an assembly use and, therefore,
does not require the more restrictive requirements of the assembly uses
(e.g., churches, schools, etc.). The applicant will be required to submit
]plans for the interior modifications identified on the floor plan to the
]Building & Safety Division and obtain the necessary permits.
Environmental Assessment: Staff has reviewed the application and
determined that the proposed project does not have the potential for
causing significant effects on the environment. Therefore, staff has
determined the project to be exempt from CEQA under Section 15061(b)(3).
RECOMMENDATION: Staff reco~nends that the Planning Commission approve
Conditional Use Permit 93-45 through adoption of the attached Resolution.
Re spect~ ly submitted,
Brad _~l~er ~
Cit~lanner
BB: SM: mlg
Attachments:
Exhibit "A" - Letter from Applicant
Exhibit "B" - Location Plan
Exhibit "C" - Site Plan
Exhibit "D" - Floor Plan
Resolution of Approval
City Of Rancho Cucamonga
Planning Division
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
September 21, 1993
Debra Hildenbrand
4305 E. 3rd. Street
Long Beach, CA 90814
To Whom It May Concern=
Planning Commission=
Tihe proposed use for the project at 8645 Haven Avenue, Suite
550, Rancho Cucamonga, 91730, is for The Lilly Pad, a
stress-reduction clinic. The land use designation is
currently listed as industrial park and is located in
subarea 6. At this time, I would like the committee to
consider granting a conditional use permit, as I believe my
business will be a benefit to the comBunity.
The proposed project will include a lounge, lobby/reception
and storage areas, rest rooms, an isolation room, a
'weightless" room, two rage rooms and a stretching room. In
the rooms, stress reduction techniques will be applied
singly or in combination. These will include light therapy,
aromatherapy, relaxation breathing exercises, and sensory
deprivation.
The hours of operation will be 9:00 A.M. to 8:00 P.M.,
Monday through Saturday. There will be two employees per
six-hour shift. Shifts will run from 8:30 to 2:30, and 2:30
to 8:30. Employees will collect monies, show customers to
rooms of their choice, instruct customers in relaxation
techniques, and monitor customers progress. Other light duties
include answering the phone, filing customer intake forms,
scheduling appointments, and light room maintenance
(cleaning).
Fees are: $30.00 per half hour session in one room.
$40.00 combination special.
(Use of two rooms during half hour).
$15.00 executive lunch special.
(15 minutes in rage room)
My reasons for requesting the C.U.P. at this particular
location are as follows= Haven avenue provides drive-by
advertising and a veil-known address for easy accessibility
and directions. Nearby Foothill Boulevard and Arrow Highway
offer easy accessibility and directions as well. The area
to the North offers a growing business and professional
community. The area to the South includes the Ontario
airport, which I hope will provide out of town travellers
and business professionals. It is close to the 10 freeway,
but far enough away from traffic to provide a reasonably
quiet environment. I was able to find low rates per
square foot. And finally, the unit itself is ideal for my
purposes for several reasons. I needed enough room for
several cubicles. Each cubicle must be reasonably spacious
to allow for maximum relaxation. The unit has mens' and
womens' restrooms, adequate storage space, unencumbered
parking, space for a large lobby and lounge, and a built-in
speaker system that will allow for piped-in relaxing music
and meditation tapes.
I thank you for taking this matter under consideration and
hope to do business long-term in your community.
Title: ~R~licant/owner
A RIR 0 W .RTE
SIXTH ST
U,l'; FOOTHILL AVE
JERSEY BLVD
I J
STANDARD OFFICE LEASE
UTICA AVE
30' 30' ",~~ 30' 30'
S~___~ SF SF SF SF
'% / , /
HAVEN AVE
rq
AVAILABLE UNITS
1,001
SF
I
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 93-45, A REQUEST TO ESTABLISH A STRESS
REDUCTION CLINIC WITHIN AN EXISTING INDUSTRIAL COMPLEX IN
THE INDUSTRIAL PARK DESIGNATION (SUBAR~A 6) OF THE
INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 8645 HAVEN
AVENUE, SUITE 550, AND MAKING FINDINGS IN SUPPORT THEREOF
- APN~ 209-144-54.
A. Recitals.
1. Debra Hildenbrand has filed an application for the issuance of
Conditional Use Permit No. 93-45, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
2. On the 10th day of November 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.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on Nov,mher 10, 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 east side
of Haven Avenue, at 8645 Haven Avenue, Suite 550, which is presently partially
developed with a multi-tenant industrial park; and
b. The property to the north of the subject site is designated
industrial uses and is vacant, the proper~y to the south is designated for
industrial uses and is developed with a warehouse/manufacturing building, the
property to the east is designated for industrial uses and is developed with a
warehouse/manufacturing building, and the property to the west is designated
for industrial uses and is vacant; and
c. The establishment of the Stress Reduction Clinic is
consistent with the Industrial Park designation of the Industrial Area
Specific Plan and the Industrial Park designation of the General Plan; and
PLANNING COMMISSION RESOLUTION NO.
CUP 93-45 - HILDENBRAND
November 10, 1993
Page 2
d. The application, with the attached conditions of approval,
will comply with all applicable standards of the Development Code; and
e. The Stress Reduction Clinic will utilize various stress
reduction techniques including light therapy, aroma therapy, relaxation
breathing exercises, stretching, and sensory deprivation.
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 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. Pursuant to State CEQA Guidelines, it has been determined that
the proposed project does not have the potential for causing significant
effects on the environment. The project has been determined to be exempt from
CEQA pursuant to Section 15061(b)(3). The Planning Commission, having final
approval over this project, has reviewed and considered this exemption,
including the comments received during the public review process, prior to the
approval of this project.
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby approves the application subject
to each and every condition set forth below and in the Standard Conditions,
attached hereto and incorporated herein by this reference.
Plannin~ Division
l)
Approval of this request shall not waive
compli&nce with all sections of the Industrial
Area Specific Plan and all other City ordinances.
If operation of the facility causes adverse
effects upon adjacent businesses or operations,
including, but not limited to, noise, vibration
or parking, the Conditional Use Permit shall be
brought before the Planning Commission for
consideration and possible termination of the
3)
Any signs proposed for the facility shall be
designed in conformance with the Uniform Sign
Program for the Haven Tach Center and the
pLANNING COMMISSION RESOLUTION NO.
CUP 93-45 - HILDENBRAND
November 10, 1993
Page 3
Comprehensive Sign Ordinance and shall require
review and approval by the Planning Division
prior to installation.
4) The applicant shall obtain and maintain a valid
Business License.
The two rage rooms shall be soundproofed to
comply with the Class A perfomance standards of
the Industrial Area Specific Plan to the
satisfaction of the City Planner pursuant to an
inspection.
The use shall be operated as not to generate
vibration discernible without instruments by the
average person on the property or within an
adjoining lease space.
7) No massage, as defined by the Rancho Cucamonga
Municipal Code, is permitted by this permit.
s~
No adult business, as defined by the Rancho
Cucamonga Municipal Code, is permitted by this
permit.
9) Any expansion of this use shall require
modification of this permit.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1993.
PLA~ING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY .'
Larry T. McNiel, Chairman
ATTEST:
Brad Bullet, Secretary
I, Brad Bullet, Secretary of the Planning C~m~iseion 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~nission held
on the 10th day of November 1993, by the following vote-to-wit:
AYES:: COMMISSIONERS:
NOES:: COMMISSIONERS:
ABSEHT:
COMMISSIONERS:
~TY O~r
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #: (/~/t/',~//.'7~/,./~/-/~L /?'~': /,/~/4~,,./' ~..? - .,~"
APPLICANT:
LOCATION:
~o~ items c~ ~ ~m of ~.
APPUCANT SHALL CONTACT THE Pt. ANNING DIVISION, (714) ~,,1~1, FOR COMPUANCE
WITH THE FOLLOWING CONDrI'ION~:
A. Time Umlt~ r-, ' '
P// 1. Approval shall expire, unlese extended by the Planning Comm~elon, If building permits are ~ /
not issued or approved use has not commlficed within 24 ~ lmm the date of al:Nc)roval.
2. r)evelopment/Design Review ~hall be approved r)do~ to I I _~/ /
3. Approval of Terllliivt Tract NO. il glinted subject to the al)l)tOVli of __/ /
4. T~edevelopershaitcommence, participliein, and~)neuft,tmteorcimetobecemmenced, -.-/ /
participated in, or ooneummlled, a MI#0-FIoQt Cemmul~ly FICIII# Dilldot (CFD) for the
Hancho Cucamonga Fire Pro(action Dt81dct to finariel (x)mtJucli~ and/or mllnlenance of
a file station to sewt the dl¥1L,~p,,~l.dL The llioit N'IIII Ic)l located, dseigfild, alld built to
all specificatlone of the Rancho Cut_- ,d)nga Fire Pr(XKllon Oilidct, and artall become tl~e
Oistdct'$ probefry ~ (x)l~plliIo~. The ~ Ihll be sellctld by the Otli!tct in
accordance with Ill heidi. lit IIty I~likling of · allion, the diver lhlll comply with all
aP131icat~ Ilwl Iml reguikN~ The CFO N~ait be lomm(I by the ~ and the clevelo13er
by the time i'l:~,~ 'i~n¢~ the finll mlpoocurl.
5. Prior to recorclliiofi of the final mao or the I~ua~ce of i=ulldino I)em~its, whicheyre' comes
first, tl~eai~shal ~to. or iMflicipatein, the elili~klwem of · MeliG-Roos
Community Factlitiel Diltl~t Ior the (x)filiitJC~JOfi incI mlklllfilitce ol ~ sctx)oi
facillt~$. However, il ·fly sctlool dlllrtct has ~ Ill'-~"11~ld ~ · Corelliunity
Facilities District, the il)plclnl N~11, in the lierelive, ~ to the Innexliion of the
project site into the torfilofy cd lUCh exilii~ Dilidct prior to the ~l c t~;dallo~ ot the firill map
or the issuance of IxJiicling pefiWta, whichevor cornel firli. Further, I the a~fected SChool
district has not formed · Melo-Rool Commm~ty Facilili# Oilriot wilhin twelve tootithe from
t~ date of approval of the project and prior to the recordtalon of the final map or issuance
of building peru',iS for said peoject, thi~ concldio~ shall be cl#med null and void.
/ /
sc - 2/91
This condition shall be waived if the City receives notic~ that the al~licant and all affected
sofxx)l disatc~s nave entered into an agreement to p~vste~y _ac~__mmodate any and all sct~3ol
in'q3ects as a m~it of this project.
Prior to recordation of the final map or prior to issuance of building permits when no map is
involved, written centficstion from the affected water distrlct thst adequate sewer and water
facilities are or will be available to se~/e the I:XOpo~ project shall be submitted to the
[:)epartment of Community Development. Such letter must have been issued by the water
dist rio1 within 90 days prior to final map approval inthe Case of subdivision or p~tor to issuance
of permits in the case of all other residential I:)mjec~.
~. $1t~ Development
1. The site shell be develope~ end maintained in _a,~__rcl~nce ~ the approved plans which
include ~e plans, arcfiiteclural elevations, exteltar mattfiats and catore, landecal~ng, sign
program, and grading on file in the Planning Diveion, the condllions contained l~erein,
r)evek)pment Code regulations, and
Sp,~IC men and
Planned Community.
2. Prior to any use of the project site or busins~m aclNity being commenced thereon, all
Conditions of Approval sl'~11 be completed to the safiafic~on of the City Planner.
Occupancy of the facility shall not commence until sucl~ ~ IS all Unlfom~ Bulkling Code and
State Fire Marsl~11's regul~tonl I~ve been compli~l wtlh. Prior to occul~ncy, plans sl'mll
be submitted to the Rancho Cucamonga Rm Proteotion District and the Building and Safety
Division to straw com~. The bulkling ~ be impectad fo~ compliance prior to
4. Revised site pians and building elevatlorm incorporating all Condttion~ O4 Approval shall be
submitted for City Planner review and approval ~ to i~uence O4 building permits.
All site, grading, landscKoe, imgation, and street in~emenl plans shall be coordinatad for
consistency prior to issuance O4 any pen~ls (suc~ IS grading, tree removal, encroachmere,
building, etc.), or prior to final map alN;m:waf in the ca~ of a custom k)t subdivision, or
approved use has commeno~, whichever com~ tirol
Aptxoval of this reque~ stall hal waive (x,,,¢'-~.~ ~ Iil ~c~om of the Oeveiopment
Code, all othe~ agpl~c,~ Clly Or. ncnb, and ,~ppf;-'-Is Communi~ Ptar~ o~ Specific
Plans in effect at the time of ~utlding Pe~f~11 isSUanCe.
A detailed on-~ita ligtling ~ ~ he reviewed argl al;q:xov~l by the Cly Planner and
S~edfrs Departmorn (909-0011) prtor to the ~uance of bulking pem~. Suc~ p~an shell
indicate style, iaumination, localion, I~eigN, and metheel O4 sNelding so IS not to adversely
atlect adlacenl pmpe~iis.
__/ /
/ /
/ /
._/ /
/ /
__/ /
/ /__
tO.
If ,no centralized tristt ~ am I:~ovtdecl, all tra~ pi~-u~ stlall 131 lot individual units
with all r~.,~RacMI slllaldl~ flirt publlo vilw.
Trash recefXacle(s) am requital and shall meal Clly ~x~n~. The tirol design, locations,
and me number o4 trash recel~aClas shall be ~ to C, ty I:~nn~r review ~d a0pmval
prior to issuance of building pern~s.
Alii grour~-mount~l utilily apl~tlenancts suct~ as ~M~, AC ~~, Mc., shall
~ ~t~ ~t of pu~ v~ ~ ~e~ ~re~ t~ t~ u~ ~ a ~alion of
~,~rete or ~n~ walls, ~i~, a~of ~~ ~ ~ ~t~a~n of the C~y
Planner.
/ /__
DATE:
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
November 10. 1993STAFF REPORT
Chairman and Members of the Planning Commission
Duane A. Baker, Assistant to the City Manager
CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 93-01 - CITY
OF RANCHO CUCAMONGA - A request to establish standards and
locations for adult oriented businesses.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached Resolution
recommending approval of Development Code Amendment 93-01 to the City
Council.
BACKGROUND/ANALYSIS
The City Council. at a goals and objectives workshop, directed staff to propose
revisions to our regulations of adult oriented businesses. This project was
identified as a priority by the City Council in an effort to help the City control
the blighting effect that adult-oriented businesses can have on certain land
uses. This blighting effect is evidenced by studies conducted in Indianapolis,
Indiana; Los Angeles, California; Phoenix, Arizona; and Austin, Texas. These
studies have identified increased crime rates, particularly sexually oriented
crimes, and lower property values as being associated with adult uses in an
area.
A Land Use Planning Study was prepared to identify buildings and useable
sites within the southeast industrial area that could be used by adult businesses
under the proposed restrictions. A copy of this study was distributed to the
Planning Commission earlier.
With the Land Use Planning Study and the studies of other cities as the
foundation, this amendment to the Development Code has been prepared to deal
with adult-oriented businesses in a comprehensive fashion. The amendment
includes a clear set of definitions relating to adult business types and
activities. Further, minimum proximity requirements are set forth which
establish a 1,500 foot setback from other adult businesses and from sensitive
land uses such as residences, schools, churches, parks, public buildings, and
certain major arterial streets. The amendment prohibits closed viewing areas
in adult businesses and prohibits the establishment of an adult business
without first having obtained an adult entertainment zoning permit from the
City Planner. This permit will allow the staff to review the backgrounds of
those seeking to establish an adult business and will aid in verifying that the
use is consistent with the requirements of the Development Code.
ITEM G
PLANNING COMMISSION
CONSIDERATION OF DEVEI .OPMENT CODE AMENDMENT 93-01
November 10, 1993
Page 2
The adoption of this Development Code Amendment will give the City a statute
that reflects recent case law, is based on strong evidence supporting causality
between adult businesses and blight, provides adequate protection of First
Atnendment rights, and is better able to withstand legal challenge. For these
reasons, it is recommended that the Planning Commission approve
Development Code Amendment 93-01.
Re~c tfully Submitted,
Duane A. Baker
Assistant to the City Manager
DAB/dab
Attachment
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
P~%NCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT 93-01 AMENDING T~ RANCHO
CUCAMONGA MUNICIPAL CODE REGARDING ADULT ORIENTED
BUSINESSES, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
Development Code Amendment No. 93-01 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Development Code
Amendment is referred to as "the application."
2. On the 10th day of November 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.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on November 10, 1993, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a)
City; and
(b)
on the environment.
The application applies to property located within the
The proposed amendments will not have a significant impact
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts met forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows:
(a) That this amendment does not conflict with the Land Use
Policies of the General Plan and will provide for development within the
district in a manner consistent with the General Plan and with related
development; and
(b) That the proposed amendment is consistent with the
objectives of the Development Code; and
PLANNING COMMISSION RESOLUTION NO.
DCA 93-01 - CITY OF RANCHO CUCAMONGA
November 10, 1993
Page 2
(c) That the proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
(d) That the proposed amendment will not be detrimental to the
objectives of the General Plan or the Development Code.
4. This Commission hereby finds and determines that the project
identified above in this Resolution is exempt from the requirements of the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, pursuant to Section 15061(b)(3) of the State CEQA
Guidelines.
5. Based upon the findings and conclusions set forth in paragraph
1, 2,. 3, and 4 above, this Commission hereby resolves as follows:
(a) That the Planning Commission of the City of Rancho
Cucamonga hereby recommends approval of Development Code Amendment 93-01 to
modify the Municipal Code per the attached Ordinance.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS lOTH DAY OF NOVEMBER 1993.
PLANNING COMMISSION OF T~E CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTESlT:
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, paseed, and adopted by the Planning Commission of the
City of Rancho Cucamong&, at a regular meeting of the Planning Commission held
on the loth day of November 1993, by the following vote-to-wit:
AYES: COMMISSIONERS=
NOES: COMMISSIONERS=
ABSENT:
COMMISSIONERS:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA AMENDING THE RANCHO CUCAMONGA
MUNICIPAL CODE BY ADDING A NEW SECTION 17.04.090
PERTAINING TO DEVELOPMENT STANDARDS FOR THE
ESTABLISHMENT OF ADULT-ORIENTED BUSINESSES, AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) The Development Code of the City of Rancho Cucamonga, at Section
17.10.030 F.i., currently provides regulations for the approval and
establishment of adult-oriented businesses within the City of Rancho
Cuc~nonga. Recent studies prepared by other jurisdictions with respect to the
establishment of such adult-oriented businesses have demonstrated that a
number of detrimental social and economic effects are produced to those
persons and properties immediately surrounding established adult-oriented
businesses. Moreover, recent opinions of the United States Supreme Court have
upheld local regulations of such adult-oriented businesses when regulations
are predicated upon the fact that establishment of such businesses disrupts
the social and economic welfare of those areas immediately adjacent to such
businesses; and, therefore, disbursal of such business from churches, schools,
parks, and residences is necessary and appropriate for the preservation of the
public health, safety, and welfare.
(ii) Prior to the adoption of this Ordinance, this Council has had
available and reviewed detailed studies prepared by other jurisdictions with
respect to the detrimental social and economic effects produced to those
persons and properties immediately surrounding established adult-oriented
businesses. These studies included those prepared by the Cities of
Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; and Austin,
Texa~l. The consensus of these studies tend to demonstrate that the crime rate
in areas surrounding even one adult-oriented business tends to escalate
(particular as to sex-related crimes) and that property values in such areas
tend to show a marked decrease. This is particularly true given a close
proximity to residential areas. The general summary is that it is reasonable
and ]prudent that local Jurisdictions exercise zoning power to regulate the
location of adult-oriented businesses to operate in areas of the community
that, while accessible to their patrons, are located in districts that are
least likely to injure the general welfare of residents. Based upon the
findings and conclusions set forth in said studies, this Council hereby finds
as follows:
(a) Areas within close walking distance of single and multiple
family dwellings should be free of adult-oriented businesses;
(b) Areas where children could be expected to walk, patronize,
or recreate should be free of adult-oriented businesses;
(c) Adult-oriented businesses should be located in areas of
the ,City which are not in close proximity to residential uses, churches,
parks~, and other public facilities and schools;
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT SUSINESS ESTABLISHMENT STDS.
Page 2
(d) The image of the City of Rancho Cucamonga as a pleasant
and attractive place to reside will be adversely affected by the presence of
aduLt-oriented businesses in close proximity to residential land uses,
churches, parks, and schools;
(e) Regulation of adult-oriented businesses should be
developed to prevent deterioration and/or degradation of the vitality of the
City before the problem exists, rather than in response to an existing
problem;
(f) Commercial areas of the City patronized by young people
and children should be free of adult-oriented businesses;
(g) Areas where students are walking to and from school should
be free of adult-oriented businesses so as not to be subjected to
confrontation with the existence of such businesses;
(h) Adult-oriented businesses should be regulated by zoning to
separate them from other dissimilar uses Just as any other land use should be
separated from uses with characteristics different from itself;
(i) The location of adult-oriented businesses in proximity to
residential uses, churches, parks, and schools may lead to increased levels of
criminal activities, including prostitution, rape, incest, and assaults in the
vicinity of such adult-oriented businesses;
(j) The experience in numerous other cities has shown that the
location of adult-oriented businesses tends to degrade the quality of areas in
which they are located and cause a blighting effect upon the city;
(k) Location of adult-oriented businesses in close proximity
to residential uses, churches, parks, and schools will reduce retail trade to
commercial uses in the vicinity, thus reducing property values and tax
revenues to the city. Such adverse effects on property values will cause the
loss of some commercial establishments followed by a blighting effect upon the
commercial district within the city, leading to deterioration of the
commercial/economic quality of the city;
(1) Location of adult-oriented businesses within walking
distances of churches and other religious facilities will have an adverse
effect upon the ministry of such churches and will discourage attendance at
such churches by the proximity of such adult-oriented businesses;
(m) A reasonable regulation of the location of adult-oriented
businesses will provide for the protection of the image of the City of Rancho
Cucamonga and its property values, and protect the residents of the community
from the adverse effects of such adult-oriented businesses, while providing to
those who desire to patronize adult-oriented businesses an opportunity in
areas within the City which are appropriate for location of adult-oriented
businesses;
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 3
(n) The initial location of adult-oriented businesses will
lead to the location of additional and similar uses within the same vicinity,
thus multiplying the adverse impacts of the location of adult-oriented
businesses upon residential uses, churches, parks, and schools and directly
cause adverse impacts upon the image and quality of the character of the
entire community; and,
(o) The above-referenced goals can be feasibly promoted and
adverse impacts avoided by adoption of this Ordinance.
(iii) The Planning Division of the City of Rancho Cucamonga has
conducted and completed a study of properties within the City of Rancho
Cucamonga as they will relate to the develo~0ent propensities and
characteristics of adult-oriented businesses; the result of such study to
evaluate and recommend reasonable, prudent, and thorough regulations
concerning the location and operation of adult-oriented businesses in those
areas of the community that, while accessible to their patrons, best promote
the goals, findings, and policies set forth in subparagraph (ii), above.
Prior to the adoption of this Ordinance, this Council has reviewed the
findings and data contained in such study (entitled "Land Use Planning Study,
September 1992") which study is incorporated herein by reference.
(iv) On November 10, 1993, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing concerning the above-
referenced zoning ordinance amendment and, following the conclusion thereof,
adopted its Resolution No. , recommending that the City Council of the
City of Rancho Cucamonga adopt these amendments.
On , 1993, this Council conducted and
concluded a duly noticed public hearing concerning the subject amendments to
the Development Code.
(vi) All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. The City Council hereby specifically finds that all of the
facts set forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2. The City Council of the City of Rancho Cucamonga hereby
finds that the project has been prepared and reviewed in compliance with the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, and further, specifically finds that based upon
substantial evidence it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the
environment and, therefore, the proposed Ordinance is exempt pursuant to State
CEQA Guidelines Section 15061 (b) (3).
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 4
SECTION 3. Sections 17.02.140 C.3, 17.10.030 B.2 and 17.10.030 F.1 of
the Development Code are hereby repealed.
SECTION 4. The Development Code is hereby amended to add a new Section
17.04.090, to be read, in words and figures, as follows:
Section 17.04.090
Adult Enta~taimment Business.
PutDose
1. It is the intent of these regulations to prevent problems of
blight and deterioration which can be brought about by the
concentration of adult entertainment businesses in close proximity
to each other or proximity to other incompatible uses such as
schools for minors, public parks, and residentially zoned
districts. The City Council finds that it has been demonstrated
in various communities that the concentration of adult
entertainment businesses causes an increase in the number of
transients in the area and an increase in crime and can cause
other businesses and residents to move elsewhere. It is,
therefore, the purpose of these regulations to establish
reasonable and uniform regulations to prevent the concentration of
adult establishments or their close proximity to incompatible
uses, while permitting the location of adult businesses in certain
areas.
Be
Definitions
It is the intent of this Section that the definitions set forth in
the Development Code shall apply but only where they do not
conflict with any definition set forth in this Section.
Establishment of an Adult Entertainment Business. As used herein,
to "establish" an adult entertainment business shall mean and
include any of the following:
(a)
The opening or commencement of operation of any such
business as a new business.
(b)
The conversion of any existing business, whether or not an
adult entertainment business, to any adult entertainment
business as described herein.
(c)
The addition of any adult entertainment business as defined
herein to any existing adult enterfairmont business if the
addition results in enlargement of the place of business.
For purposes of this paragraph, enlargement shall mean an
increase in the size of the building within which the
business is conducted by either construction or use of an
adjacent building or any portion thereof, whether located on
the same or an adjacent lot or parcel of land.
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 5
5o
SPecified Anatomical Areas. As used herein, "Specified Anatomical
Areas" shall mean and include any of the following:
Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, or female breast below a point
immediately above the tops of the areels; or
(b)
Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
Specified Sexual Activities. As used herein, "Specified Sexual
Activities" shall mean and include any of the following=
(a)
The fondling or other erotic touching, actual or simulated,
of human genitals, pubic region, buttocks, or female breast;
(b)
Sex acts, actual or simulated, including act of sexual
intercourse, oral copulation, sodsmy, or bestiality; or
(c) Maoturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of
the activities set forth in "a" through "c" above.
Adult Entertainment Establishment. An adult entertainment
establishment is any place of business in which one or more of the
following activities are conducted=
Adult Book Store. A commercial establishment which, as a
regular and substantial part of its business, devotes
inventory or product lines (the term "product line" refers
to items which are all identical, such as numerous copies of
the same book or periodical) or display, shelf, rack, table,
stand or floor area used for the display and sale of the
following:
(1)
Books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video
cassettes, slides, tapes, records, or other form of
visual or audio representation which are
characterized by an emphasis upon the depiction or
description of "Specified Sexual Activities" or
'Specified Anatomical Areas"; and/or
(2)
Instruments, artificial devices, or paraphernalia
which are designed for use in connection with
"specified sexual activitill."
(b)
Adult Motion Picture Establishment. Shall mean a commercial
establishment with a capacity of 50 or more persons, used
for the presentation, exhibition, or display of filmm,
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 6
(c)
(d)
(e)
(f)
motion pictures, video cassettes, slides, or similar
photographic reproductions projected on a screen, which are
distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas."
For purposes of this subsection and subsections c, d, s, f,
g, h, and 1, "substantial portion of the total presentation
time" shall mean a regular and substantial course of
conduct.
Adult Mini-Motion Picture Theater. Shall mean a commercial
establishment with a capacity of more than 5 but less than
50 persons, used for the presentation, exhibition, or
display of films, motion pictures, video cassettes, slides,
or similar photographs reproductions projected on a screen,
and in which a substantial portion of the presentation time
is distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas."
Adult Motion Picture Arcade. Any place to which the public
is permitted or invited wherein coin or slug-operated or
electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other
image-producing devises are maintained to show images to
five or fewer persons per machine at any one time, in which
a substantial portion of the total presentation time of the
images so displayed are distinguished or characterized by an
emphasis on depicting or describing "Specified Sexual
Activities" or "Specified Anatomical Areas."
Adult Drive-In Theater. An open lot or part thereof, with
appurtenant facilities, devoted primarily to the
presentation of motion pictures, films, theatrical
productions, and other forms of visual productions, for any
form of consideration to persons in motor vehicles or on
outdoor seats, in which a substantial portion of the total
prelentation time of the material being presented is
distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas" for observation
by patrons.
Adult Cabaret. A nightclub, bar, restaurant, or similar
establishment during which a substantial portion of the
total presentation time features live performances which are
distinguished or characterized by an emphasis on "Specified
Sexual Activities" or by exposure of "Specified Anatomical
Areas" and/or feature films, motion pictures, video
cassettes, slides, cr other photographic reproductions which
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 7
(g)
(h)
(i)
(J)
are distinguished or characterized by an emphasis upon the
depiction or description of "Specified Sexual Activities" or
"Specified Anatomical Areas" for observation by patrons.
Adult Motel or Hotel. A hotel or motel, or similar
commercial establishment offering public accommodations for
any form of consideration which provides patrons with
closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic
reproductions, a substantial portion of the total
presentation time of which is distinguished or characterized
by an emphasis upon the depiction or description of
"Specified Sexual Activities" or "Specified Anatomical
Areas" for observation by patrons.
Adult Theater. A theater, concert hall, auditorium, or
similar commercial establishment either indoor or outdoor in
nature which, for any form of consideration, regularly
features live performances, a substantial portion of the
total presentation time of which is distinguished or
characterized by an emphasis on "Specified Sexual
Activities" or "Specified Anatomical Areas" for observation
by patrons.
Adult Model Studio. Any establishment open to the public
where, for any form of consideration or gratuity, figure
models who display "Specified Anatomical Areas" are provided
to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons, other than
the proprietor, paying such consideration or gratuity.
This provision shall not apply to any school of art which is
operated by an individual, firm, association, partnership,
corporation, or institution which meets the requirements
established in the Education Code of the State of California
for the issuance or conferring of, and is in fact authorized
thereunder to issue and confer, a diploma.
Sexual Encounter Establishment. A commercial establishment,
other than a hotel, motel or similar establishment offering
public accoammodations which, for any form of consideration,
provides a place where two or more persons may congregate,
associate or consort in connection with "Specified Sexual
Activities" or the exposure of "Specified Anatomical Areas."
This definition does not include an establishment where a
medical practitioner, psychologist, psychiatrist, or similar
professional person licensed by the state of California
engages in sexual therapy.
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 8
(k)
Bodv Paintin~ Studio. Any establishment or business which
provides the service of applying paint or other substance
whether transparent or nontransparent to or on the human
body when such body is wholly or partially nude in terms of
"Specified Anatomical Areas."
(1)
Other Adult Entertainment Businesses. Any other business or
co~ercial establishment not herein defined:
(1)
Wherein for any form of consideration the
establishment provides entertainment to patrons in
which a substantial portion of the total presentation
time is characterized by an emphasis on depicting,
describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas"; or
(2)
Which devotes more the 50 percent of the total area
used for display of its stock in trade to items,
instruments, and paraphernalia which are describing
or relating to "Specified Sexual Activities."
Areas for Adult Entertainment Establishments - DeveloPment Standards
Adult entertainment establishments are permitted only in those areas of
the City within the boundaries of the Industrial Area Specific Plan
located east of Haven Avenue and south of Foothill Boulevard; and as
further consistent with the proximity requirements of this Section.
The development standards applicable to the establishment of an adult
entertainment business shall be as set forth in the Development Code
for a District and use most comparable to the proposed adult
entertainment business, as determined by the City Planner.
Minimum Proximity Requirements
No adult entertainment establishment shall be established within
specified distances of certain specified land uses as met forth below:
No such establishment shall be established within 1,500 feet of
any other adult entertainment establishment.
No such establishment shall be established within 1,500 feet from
any existing residential dwelling, reaidentially zoned property,
church or similar place of worship, school or day care facility
(public or private), park or playground, recreational facility,
hospital, public buildings (i.e., City Hall, County offices,
courthouse, libraries, etc.), and the right-of-way on the
following: Haven Avenue, Milliken Avenue, 4th Street, Foothill
Boulevard and 1-15 Freeway.
Measurement of Distance Between Uses
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 9
The distance between any two adult entertainment establishment shall be
measured in a straight line, without regard to intervening structures,
from the closest exterior structural wall of each business. The
distance between any adult entertainment establishment and any school,
public park, or residential zone, etc., shall be measured in a straight
line, without regard to intervening structures, from the closest
exterior structural wall of the adult entertainment business to the
closest property line of the school, public park, or residential zone,
etc.
Closed Viewin, Areas
No adult use or adult entertainment business shall maintain closed
areas, booth, cubicles, rooms, or other areas within its place of
business that are used, designed, or furnished for private sexual
activity. No nudity or sexual activities by customers shall be allowed
on the premises. All portions of the premises shall be available by
access and visual inspection at all times by any City inspectors
standing at the front door (not to include existing and approved rest
room facilities}.
Adult Entertainment Zonina Permit Reauired
It shall be unlawful to establish or operate, or cause or permit to be
operated, any adult entertainment establishment without first obtaining
an adult entertainment zoning permit from the City Planner.
Permit Application
Any person, association, partnership, corporation or other entity
desiring to obtain an adult entertainment zoning permit shall file
an application with the City Planner on a form provided by the
City Planner. The application shall be accompanied by a
nonrefundable application processing fee in the amount established
by City Council resolution.
The application for a permit shall contain the following
information:
The name, address, and telephone number of the applicant.
If the applicant is a corporation, the applicant shall set
forth the name of the corporation exactly as shown in its
article of incorporation and the names and addresses of the
officers, directors, and each stockholder owning more than
10 percent of the stock of the corporation. If the
applicant is a partnership, the applicant shall set forth
the name and residence address of each of the partners,
including limited partners. If one or more of the partners
is a corporation, the provision of this Section pertaining
to a corporate applicant shall apply. The applicant
corporation or partnership shall designate one of its
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 10
officers or general partners to act as its responsible
managing officer.
(b)
Name, address, and telephone number of the person who shall
manage and operate the establishment for which the permit is
requested. The name and address of a person authorized to
accept service of legal notices.
(c) The proposed business name of the adult entertainment
establishment and description of the type of adult
establishment.
(d)
Street address of the proposed adult entertainment
establishment and the tax assessor's parcel number of the
property.
(e)
A plot plan for the property depicting the location of the
building housing the adult entertainment establishment on
the property.
(f)
If the adult entertainment establishment was in existence as
of the effective date of these regulations, the date the
establishment first commenced operation.
(g)
Any other information reasonably necessary to accomplish the
purposes of these regulations.
Referral to Other City Departments. The City Planner may refer
the application to other City departments to determine whether the
premises where the adult entertainment establishment is located,
or will be located, complies with the City's building, health,
zoning and fire ordinances or other applicable ordinances or
laws. City departments may conduct an inspection of the premises
to determine compliance with the ordinances and laws they
administer.
Action on AoDlication. The City Planner shall determine whether
to grant or deny the permit within 30 working days after receipt
of a complete application.
Grounds for Permit Denial/Revocation
The City Planner shall approve the permit unless he or she
determines from a consideration of the application, City
inspection of the premises, or other pertinent information that:
The information contained in the application or supplemental
information requested from the applicant is false in any
material detail.
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 11
(b) The proposed location of the adult entertainment business
would not comply with the requirements of Section C or D.
(c)
The operation of the adult entertainment business is or
would be in violation of one or more provisions of these
regulations.
The premises where the adult entertainment business is or
will be located does not comply with all applicable laws,
including, but not limited to, the City's building, health,
zoning, and fire ordinances.
(e)
That a permit to operate the adult entertainment
establishment has been issued to the applicant, a partner of
the applicant, or a stockholder of the applicant which
stockholder owns more than 10 percent of the applicants'
corporate stock, which permit has been suspended and the
period of suspension has not yet ended.
Permit Conditions
The City Planner may condition the issuance of an adult entertainment
zoning permit by imposing reasonable conditions to ensure compliance
with these provisions and other sections of the Rancho Cucamonga
Municipal Code.
Sale or Transfer of Business
No adult entertainment permit may be sold, transferred, or assigned by
the permittee, or by operation of law, to any other person or persons;
and any such sale, transfer, or assignment, or attempted sale,
transfer, or assignment, shall be deemed to constitute a voluntary
surrender of such permit and such permit shall thereafter be deemed
terminated and void; provided and excepting, however, that if the
permittee is a partnership and one or more of the partners should die,
one or more of the surviving partner may acquire, by purchase or
otherwise, the interest of the deceased partner or partners without
affecting a surrender or termination of such permit and in each case
the permittee shall thereafter be deemed to be the surviving
partner(s). One or more proposed partner(s) in a partnership granted a
permit hereunder may make application to the City Planner, together
with the fee established by the City Council therefore, to amend the
original application providing all information as required for partners
in the first instance and, upon approval thereof, the transfer of the
interests of one or more partners to the proposed partner or partners
may occur. If the permit is issued to a corporation, the Permit shall
be deemed terminated and void if stock is sold, transferred, issued, or
assigned to a person not listed on the application as a stockholder;
provided, however, the proposed translates may submit to the City
Planner, together with a fee established by the City Council, an
application to amend the original application providing all information
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISHMENT STDS.
Page 12
as required for stockholders in the first instance, and upon approval
thereof, the transfer may than occur.
New Permit Required
The permittee must apply for a new adult entertainment permit as
follows:
Prior to any change in the location of the adult entertainment
establishment.
2. Prior to the conversion of any existing adult entertainment
establishment to any other type of adult entertainment
establishment as described herein.
3. Prior to any change in the business name of the adult
entertainment establishment.
4. Prior to the enlargement of an existing adult entertainment
establishment.
DisolaY of Permit
Each person to whom or for whom a permit has been granted shall display
said permit in a conspicuous place within the adult entertainment
establishment so the same may be readily seen by persons entering the
premises.
Violation and Penalties
1. Criminal Violation.
It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or to fail to comply with any
of the requirements of this Section. Any person, firm,
partnership, or corporation violating any provision of this
Section or failing to comply with any of its requirements shall be
de~d guilty of a misdemeanor; and upon conviction thereof, shall
be punished by a fine not exceeding One Thousand Dollars ($1,000)
or by imprisonment not exceeding six months, or by both such fine
and imprisonment. Each such person, firm, partnership, or
cozyoration shall be deemed guilty of a separate offense for each
and every day or any portion thereof during which violation of any
of the provisions of this Section is comitted, continued, or
permitted by such person, firm, partnership, or corporation, and
shall be deemed punishable therefore as provided in this Section.
2. Civil Remedies Available.
A violation of any of the provisions of this Section shall
constitute a nuisance and may be abated by the City through c~v~l
CITY COUNCIL ORDINANCE NO.
DCA 93-01 - ADULT BUSINESS ESTABLISH~4ENT STD$.
Page 13
process by means of restraining order, preliminary or permanent
injunction, or in any other manner provided by law for the
abatement of such nuisance.
SECTION 5. Section 17.10.0308 of the Development Code is hereby amended
to add to the "Uses Table" a reference to "Massage Establishments" subject to
the conditional use permit process, in only the General Con~nercial District.
SECTION 6. If any Section, subsection, sentence, clause, phrase, or any
portion of this Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction or
preemptire legislative, such decision or legislation shall not effect the
validity of the remaining portions of this Ordinance. The City Council of the
City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each Section, subsection, sentence, clause, phrase, or portion
therefore irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions is preempted or it declared invalid
or unconstitutional.
SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall
cause the same to be published with fifteen (15) days after its passage at
least once in the Inland valley Daily Bulletin, a newspaper of general
circulation published in the City of Ontario, California, and circulated in
the City of Rancho Cucamonga.
DATE:
TO:
FROM:
BY:
SUBJECT:
November 10, 1993
CITY OF RANCHO CUCAMONGA
Chairman and Members of the Planning Commission
STAFF REPORT
Brad Buller, City Planner
Scott Murphy, Associate Planner
TENTATIVE TRACT 15594 - LEWIS HOMES - A modification to Tract 13717
to subdivide the northern portion of the site into 10 lots for the
development of 136 condominiu~ units on 8.6 acres of land in the
Medium-High Residential designation (14-24 dwelling units per acre)
of the Terra Vista Planned Community, located at the southeast
corner of Spruce Avenue and Elm Avenue - APN: 1077-791-01 through
09.
TENTATIVE TRACT 15595 - LEWIS HOMES - A modification to Tract 13717
to subdivide the southern portion of the site into 18 lots for the
development of 241 condominium units on 14.8 acres of land in the
Medium-High Residential designation (14-24 dwelling units per acre)
of the Terra Vista Planned Community, located at the northeast
corner of Church Street and Spruce Avenue - APN: 1077-801-01
through 11.
MODIFICATION TO DESIGN REVIEW FOR TENTATIVE TRACT 15594 AND 15595 -
LEWIS HOMES - A modification to Tract 13717 to reduce the number of
units from 394 to 377, to reorient buildings, and to redesign the
recreation buildings and amenity package for a condominium project
in the Medium-High Residential designation (14-24 dwelling units per
acre) of the Terra Vista Planned Community, located at the northeast
corner of Church Street and Spruce Avenue - APN: 1077-791-01
through 09 and 1077-801-01 through 11.
BACKG~)UND: Tentative Tract 13717 was originally approved by the Planning
Commission on February 14, 1990, for the development of 394 units. The scheme
provided for rental units within two distinct "villages" - an adult village and
a family village. Each village contained a recreation building and
recreational amenities. The project site has been rough graded.
Following the initial approval, the applicant decided to market the units as a
"For Sale" product. As a result, the applicant revised the project -
consolidating the two recreation buildings into one, redesigning the recreation
areas, modifying the Spruce Avenue entry, and relocating two buildings to
eliminate the rental office and increase open space. These changes were
conditionally approved by the Planning Commission on February 13, 1991.
Several items, most notable the recreation building design, were referred to
the Design Review Committee for final resolution. All items were subsequently
approved by the Design Review Committee.
ITEM H,I,J
PLANNING COMMISSION STAFF REPORT
TT 15594 - LEWIS HOMES
November 10, 1993
Page 2
ANALYSIS:
~eneral: With this latest proposal, the applicant is proposing to reduce
the number of units by 17 through the elimination of 2 buildings. The
recreation area off Church Street has been expanded to include a recreation
building, children's pool, and a spa. More "usable" open space is provided
adjacent to the Spruce Avenue recreation building. Also, one tot lot has
been eliminated and the "major" recreation building at the Spruce Avenue
entry has been reduced in size.
In November 1991, the City Council adopted new development standards for
Multi-Family Development. The Ordinance specifically exempts projects
approved prior to the adoption date and time extensions for these
projects. The Ordinance does not, however, exempt modification requests
from complying with the standards. The Planning Commission has determined
that "cosmetic" changes will not necessarily require compliance with the
new standards. In that the changes are more significant, the Commission
can require the redesign of the project. In this particular instance,
however, staff does not believe compliance with the new standards to be
appropriate for the following reasons:
1. The applicant is proposing to reduce the project density from 16.77 to
16.04 dwelling units per acre, a reduction of 17 units.
2. The common open space is being increased from 34 percent to
39.3 percent - an increase of over one acre.
3. Total open space is increasing from 40 percent to 45.7 percent.
4¸,
Building separations required by the multi-family standards are
generally met.
5.. Many units meet the building to curb setback.
The one area consistently not meeting the new standards is the setback
from project entries. The standards require a 20-foot building and
wall/fence setback. While the buildings meet the setback, the walls
are as close as 10 feet. Staff does not consider this one
inconsistency to be significant.
If the new standards are strictly enforced, the applicant may withdraw
this application and build the previously approved project which, in
staff's opinion, is a less desirable project.
Design Review Committee: On August 17, 1993, the Design Review Committee
(Melcher, Vailerrs, Coleman) reviewed the proposal and recommended approval
subject to the following:
The minor inconsistencies between the floor plans, landscape plans,
and elevations should be worked out with staff.
The accent tile colors should be muted or painted accents should be
provided that are integrated with the color scheme of the project.
PLANNING COM~4ISSION STAFF REPORT
TT 15594 - LEWIS HOMES
November 10, 1993
Page 3
The Fire District should determine if a tree would be allowed within
the Spruce entry landscape island.
Technical Review Committee: The Fire District reviewed the issue of a tree
within the Spruce entry median and determined that s tree could be
provided. As the tree matures, the Fire District will require the tree to
be trimmed up to avoid conflict with emergency vehicles.
Under the terms of the Terra Vista Park Implementation Plan, the applicant
may request private open space to be credited towards meeting the park
dedication requirement. In order to be eligible, the private open space
must meet certain criteria. This criteria includes the following=
1. The area must be 50 percent active in design and function and
reasonably contiguous in nature.
The open space must be usable for recreational purposes, including at
least three amenities such as swimming pools, game courts, children's
play apparatus, barbecue/picnic areas, recreation buildings, or other
recreational improvements that will meet the recreational needs of the
residents.
In considering the open space requested for park credit within the
2 tracts, staff feels that Lot B of Tentative Tract 15594 should not be
eligible for park credit. The site is small and contains only two
amenities, and therefore, is not consistent with the Park Implementation
Plan.
RECOMMENDATION= Staff recommends that the Planning Commission approve the
modification to Tract 13717 through adoption of the Resolutions of Approval for
Tentative Tract 15594, Tentative Tract 15595, and the Design Review for
Tentative Tracts 15594 and 15595.
City Planner
Attachments:
Exhibit "A" -
Exhibit "B" -
Exhibit "C" -
Exhibit "D" -
Exhibit "E" -
Exhibit "F" -
Exhibit "G" -
Exhibit #H" -
Resolution of
Resolution of
Site Utilization Map
Tentative Tract Maps
Revised Site Plan
Original Site Plan
Revised Landscape Plan
Original Landscape Plan
Recreation Building Elevations
Park Credit
Approval for Tentative Tract 15594
Approval for Tentative Tract 15595
Resolution of Approval for Design Review for
Tentative Tracts 15594 and 15595
J-t-
¥l-w_._:x ~o
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF TRE CITY OP
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 15594, A MODIFICATION TO TRACT 13717 TO SUBDIVIDE
THE NORTHERN PORTION OF THE SITE INTO 10 LOTS FOR THE
DEVELOPMENT OF 136 CONDOMINIUMS ON 8.6 ACRES OF LAND IN
THE MEDIUM-HIGH RESIDENTIAL DESIGNATION (14-24 DWELLING
UNITS PER ACRE) OF THE TERRA VISTA PLANNED COMMUNITY,
LOCATED AT THE SOUTHEAST CORNER OF SPRUCE AVENUE AND ELM
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF
APN~ 1077-791-01 THROUGH 09.
A. Recitals.
1. Lewis Homes has filed an application for the approval of
Tentative Tract Map No. 15594, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Tentative Tract Map request is
referred to as "the application."
2. On the 10th day of November 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.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Co~mission of the City of Rancho Cucamonga as
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 November 10, 1993, including
written and oral staff reports, together with public testimony, this
Commission hereby spe¢£fically finds as follows:
a. The application applies to property located at the southeast
corner of Spruce Avenue and Elm Avenue with a street frontage of 790 feet on
Spruce Avenue and 900 feet on Elm Avenue and is presently rough graded~ and
b. The property to the north of the subject site is residential
and is vacant, the property to the south of the site consists of office zoned
property and is vacant, the property to the east is residentially zoned and
developed with apartments, and the property to the west is residentially zoned
and is vacant~ and
PLANNING COMMISSION RESOLUTION NO.
TT 15594 - LEWIS HOMES
November 10, 1993
Page 2
c. The development of the 136 condominium units on 8.6 acres of
land is consistent with the Medium-High Residential designation of the Terra
Vista Planned Community and Medium and High Residential designations of the
General Plan; and
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 i and 2 above, this Commission hereby finds and
concludes as follows:
a. That the 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. The Planning Commission hereby finds and determines that a
Negative Declaration was issued for the original Tentative Tract Map on
February 14, 1990, and that the present application and environmental setting
are in substantial compliance with the original approval. Therefore, the
Negative Declaration adequately addresses the potential environmental impacts
of the application.
5. Based upon the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the
application subject to each and every condition set forth below and in the
Standard Conditions, attached hereto and incorporated herein by this
reference.
Planning Division
1) All applicable conditions of Tentative
Tract 13717, as contained in Resolution
No. 90-19, shall apply.
PLANNING COMMISSION RESOLUTION NO.
TT 15594 - LEWIS HOMES
November 10, 1993
Page 3
2) The final map shall record concurrently with
Tract Map No. 15595.
3) The project shall comply with the Terra vista
Park Implementation Plan.
4) Lot "B" shall not be applied/credited towards
meeting the park dedication requirement.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS lOTH DAY OF NOVEMBER 1993.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Larry T. McNiel, Chairman
ATTEST:
Brad Bullet, Secretary
I, Srad Bullet, Secretary of the Planning Commission of the City of Rancho
Cuc~nonga, 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 10th day of November 1993, by the following vote-to-wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT: COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
SUBJECT: /.~' ~/~cd/V~<:::~ O
APPLICANT: ~-~*/*~/*/,.~ //-~*~-*'~.~'
LOCATION: ,~: ~,'~ ~ ~
/
~ose items ch~ are ~ns of ~val.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 98~-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Limits ~ D.~
v/ 1. Approval shall expire, unless extended by the Planning Commission, if building permits are --J /
not issued or approved use has not commenced within 24 mo,,/h$ from the date of al~roval.
Development/Design Review shall be apl:xoved prior to / /
Approval of Tentative Tract No. is granted sub, act to the al~:~oval of
4. The developer shall commence, participate in, and consummate or cause to pe commenced, / /
participated in, or consummated, a Mello-Roo$ Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District Io 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 lha Rancho Cucamonga Fire Protection District, and sitall become the
Districts property upon completion. The equipment shall be selected by the District in
ao~rclance with its need~. In any building of a station, the developer shall comply with all
applicapM laws and regulations. The CFD shall be formed by the District and the developer
by the lima recordation of the final map
5, /
Prior to recordation of the final map or the issuance of building parmlts, whichever comes
fir-,~t, the applicant shall ~ons~nt to, or participate in, the establishment of a Melio-Roos
Community Facilities Diii~',ct !or the construction and maintenance of necessar/school
facilities. However, if any sctx)01 district has previously established such a Community
Facilities District, the a~nt shall, in the alternative, consent to the annexation of the
project site into the lerrito~/of such existing Distric~ prior to the recordation of the final map
or llhe issuance of building permits, whichever comes first. Further, it the ariacreel school
district has not formed a Mello-Roos Community Facilities District within twelve months from
the. ;late of a,o~roval of the project and prior to the recordation of the final map or issuance
of I~Jilding permits for said project, this condition shall be (leerned null and void.
sc- 2/9! i of 12
This condition shall be waned if the City receives notice that the applicant and all afected
school districts have entered into an agreemeN to privately accommodate any and all school
impacts as a result of this project.
Prior to recordation of the linal 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 submiaed Io 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 ol subdivision or prior to issuance
of permits in the case of all other residential projects.
B. Site Development
1. 'l"he site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exlehor materials and colors, landscaping, sign
program, and grading on file in the Planning Divleion, the conditions contained herein,
Development Code regulations, and
Specific Plan and /~'~.d ///~7-,z
Planned Community.
2. Prior to any use of the project site or business activity being commenced thereon, all
Condifions 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 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.
,/
Revised site plans and building elevations incoqx)rating all Conditions of Approval shall be
submitted for City Planner review and approval p~or to issuance of building permits.
All site, grading, landscape, irrigation, and street irnprovement plans shall be coordinated for
consislency prior to issuance of any permits (suct~ as grading, tree removal, encroachment,
building, etc.), or prior to final map approval in the case of a custom lot subdivision, or
approved use has commenced, whictmver comes first.
Approval of this request shall not waive corr~iance with all sections of the Development
Code, all other applicable City O~linances, and applicable Community Plans or Specific
Plans in effect at the time of Building Pem~# issuance.
A detailed on-site lighting plan shall be reviewed and appmve(I by the City Planner and
Shoriff's D~tb,mnt'(989-6611) prior to tha issuance of building permits. Such plan shall
indicate style, illumination, location, Might, and method of shielding so as not to adversely
affect adjacent properties.
8. If no centralized trash receplaciee are provided, all trash pick-up shall be for individual units
with all receplacles shielded from public view.
Trash receptacle(s) are required and shall meet City standards. The final design, ldcations,
and the number of trash racefXacles shall be subject to City Planner review and approval
prior to issuance of building permits.
10. All ground-mounted utility appurtenances such as transtormers, AC condensers, etc., shall
be located out ot public view and adequately screened through the usa of a combination ot
concrete or masonry walls, barming, and/or landscaping to the satisfaction of the City
/ /
., / /
/ /
/ /
__/ /
/ /
/ /
/ /
/ /
/ /__
SC.2/9] 2of12
11. street names shell be submitted for City Planner review and approval in accordance with
the adopted Street Naming Policy prior to alN3mval of the final map.
12. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and
weed control, in accordance with City Master Trail drawings, shall be submitted 1or 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 shell upgrade and construct
a~11 trails, including fencing and drainage devices, in conjunction with street improvements.
14. The Covenants, Conditions and Restrictions (CC&Rs) shell not prohibit the keeping of equine
a~nimals where zoning requirements for the keeping of said animals have been met. Individual
k)t owners in subdivisions shall have the option o! keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC&Rs.
15. 'rl~e 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 shell be recorded Concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shell be
provided to the City Engineer.
16. All parkways, open areas, and landscaping shell be permanently maintained by the property
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements shall be dedicated for the puq3oes of assuming that each lot or
dwelling unit shall have the right to receive sunligN across adjacent lots or units for use o!
a solar energy system. The easements may be contained in a Declaration of Restrictions tor
tfie subdivision which shall be recorded Concurrently with the recon:tation of the final map or
issuance of permits, whichever Comes firat. The easements shall prohibit the casting of
shadows by vegetation, structures, fixtures or any other object, excepl tor utility wires and
similar objects, pursuant to Development Code Section 17.08.060-G-2.
18.
The project contains a designated Historical Landmark. The site shall be developed and
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further modir~.,ations to the site including, but not limited to, exterior alterations and/or
i nt erior alterations which affect the exterior of the buildings or structures, removal ol landma~
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. Building Design
SC - 2/9 1
An alternative energy system is required to provide domestic hot water for all dwelling units
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in the building plans and shell be submitted for City Planner review and apl~3val
pdor 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 subject to City Planner
review and approval prior to issuance of building permits.
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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 a,o!3urtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered lrom adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integratad with the building design and constructed to the satistaction of the City Planner.
Details shall be included in building plans.
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D. Parking and Vehicular ACCaM (indicate detalia on building plans)
,,/ 1. All parking lot landscape islands shall have a minimum outside dimension of 6 leet and shall
contain a 12-inch walk adjacent to the parking stall (including (:ufo).
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/racreetional uses.
3. All parking spaces shall be double stdpad per City standards and all driveway aisles,
entrances, and exits shall be striped per City standards.
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4. AIFI units shall be provided with garage door openers if driveways are less than 18 !eet in
depth from pack 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 approval pdor to issuance of building
permits.
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E. Landscaping (for pul)llcly maintained land~,al)e areas, reler to Sectk)n N,)
v/ 1. A,detailed landscape and irrigation plan, including slope planting and model home landscap-
ing in the case of residential development, shall be prepared by a licensed landscape
architecl and submitted for City Planner review and approval prlir to the issuance of building
permits or prior final real3 approval in the case of a custom lit subdivision.
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E):isting trees required to be preserved in place shall be protected wilh a construction hamer
in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans.
The location of those trees to be preserved in place and new locations for transplanted trees
shallbe shown on the detailed landscape plans. The a13131icant shall follow all of the arborist's
recommendations regarding preservation, trans131anting and trimming methods.
Aminimumof :.'~? treeepergrossacra,comprisedofthefollowings[zes, shallbeprovided
within the project: 5" %- 48- inch box or larger, 5" % - 36- inch box or larger,
,9~' % - 24- inch box or larger, '?~' % - 15-gallin, and ------ % - 5 gallon.
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4. A minimum ot % of trees planted within the project shall be specimen size trees -
24-inch box or larger.
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'"/ 5. Within parking lite, 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.
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SC - 2/9! 4 of 12
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6. 'Trees shall be planted in areas o! public view adjacent to and along structures at a rate ol one
1~ree per 30 linear teet of building.
All private slope banks 5 feet or less in vertical height and of 5:1 or greater slope, but less than
2:1 slope, shall be, at minimum, irrigated and landscaped with a13propdate 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 feel, but less than 8 feet in vertical height and of 2:1 or greater
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15.gallon or larger size tree per each 150 sq. ft. of slope area, 1 -gallon or larger
size shrub per each 100 sq. ft. of slope area, and a13oropriate ground cover. In addition, slope
hanks 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 slol:)e area. Trees and shrubs shall be
planted in staggered clusters to soften and vary slope plane. Slope planting required by this
section shall include a permanent irrigation system to be installed by the developer prior to
occupancy.
For single family residential development, all slope planting and irrigation shall be continu-
ously maintained in a healthy and thriving cor~iition by the cieveldper until each individual unit
i:s sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection
shall be conducted by Ihe Planning Division to determine that they are in satisfacto~
condition.
10. For multi-family residential and non-residential development, property owners are respon-
sible for the continual maintenance of all landscaped areas on-site, as well as contiguous
planted areas within the pu134ic right-of-way. All landsca13ed areas shell be kel~ free from
weeds and debris and maintained in a healthy and thriving condition, and shell receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
11.
Front yard landscaping shall be required per the Development Code and/or
· This requirement shell be in edd'~ion 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 lands, ape plans and shall be su13~lct to City Planner review and
alN)roval 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 horizo~ll change), and intonsitisd landscaping, is re(Nired along
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14. Landsca13ing and irrigation systems required to be installed withill the public right-of-way on
the perimeter of this project area she# be continwus y maintained by the developer.
15. All walls shell be provided with daco~aGve treatment. If located in public maintenance areas,
the (:tesign shell be coordinated with the Engineering Division.
16. Tree maintenance criteria shell be davelo!3ed and submitted for City Planner review and
a;q3roval Ixior to issuance of building permits. These criteria shall encourage the natural
growth ct~aractedstics of the selected tree species.
17. Landsoai)ing and irrigation shall be designed to consewe water through the principles of
Xeriscape as defined in CherXer 19.16 of the Ranctto Cucamonga Munici13al Code.
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SC-2/9t 5of12
F. SiOna
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
s.~ns.
2. A Uniform Sign Program for this development shall be submitted for City Planner review and
approval prior to issuance of building parmits.
Directon/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.
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G, Environmental
TIhe developer shall provide each prospective buyer written notice of the Fourth Street Rock
Crusher project in a standard format as determined by the City Planner, prior to accepting a
cash deposit on any property.
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
depesit on any property.
A finel 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 inferior noise
attenuation to below 45 CNEL, the building materials and construction techniques provided,
and if al:~ropriate. verify the adequacy of the mitigation measures, The building plans will be
checked for conformance with the mitigation measures confained in the final report.
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H. Other Agenc:le~
v/ 1. Emergency seconclary access shall be provided in accordance wit h Rancho Cucamonga Fire
Protection District Standards.
Emergency access shall be provided, mainfenance free and clear, a minimum of 26 feet wide
at all times during construction in a__rc~_~ance with Rancho Cucamonga Fire Protection
District requirements.
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SC - 2/9 1
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6 of 12
4. The applicant shall confact the U.S. Postal Service to determine the appropriate type and
k:x;ation of mail boxes. Muiti-lamily resldenfial deveiopmenfs shall provide a solid ove~ead
stl~-'ture for mail boxes with adequate lighting. The final location of the mail boxes and the
design of the overhead structure shall be su~eCt tO City Planner review and approval prior
to the issuance of building permits.
__ 5. For projects using septic tank facilities, written certification of acceptability, including all
supportive information, shall be obtained from the Sen Semardino Counfy Department of
Environmenfal Health and submitted to the Building Ofiiciat prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
3. 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.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
'r~e applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani-
cal ~, 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
al~licabie handouts.
v~ 4.
Prior to issuance of building permits for a new residential dwelling unit(s) or major addition
to existing unit(s), the applicant shall pay deveiopment fees at the established rate. Such fees
may include, but are not limited to: City Beaufification 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 deveiopment fees at the
estabiished rate, Such lees may include, ~ are not limited to: Systems Deveiopment Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
Street addresses shall be provided by the Building Off'~al, aftertract/parcel map recordation
and prior to issuance of building permits.
J. Existing Structure~
K. Gredlng
1.
Provide compliance with the Uniform Building Code for the property line ciearanoes
considering use, area, and fire-resistivenass of existing buildings.
Existing buildings shall be made to cornply with correct building and zoning regulations for
the intended use or the building shall be demolished.
Existing sewage disposal facilities shell be removed, filled arx:Vor capped to cornply with the
Uniform Plumping Code and Uniform Building Code.
Under~rouncl on-site utilities are to be located and shown on building plans sul~mitted tor
building permit application.
Grading of the sul:~ect property shall be in accordance with the Uniform Building Code, City
Greding Standing, and acg:~!~ed grading practices. The final grading plan shell be in
substantial conformance with the approved grading plan.
A soils repod shell be prellred by a qualihed engineer licensed by the State of California to
pertorm such work.
The development is located within the soil erosion controf boundaries; a Soil Disturoance
Permit is required. Please contact San Bemm'cllno CourW Department of Agriculture at (714)
38'7-2111 lot permit applicalion. Documentation of such permit shell be submitte(I to the City
prior to the issuance of rough grading permit.
A geological rel)on shall be prepared by a qua~ied engineer or geoiogist and submitted at
the time of application for grading plan check.
The final grading plans shall be completed a.nd approved prior to issuance of building permits.
CompteUO~
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SC - 2/9! 7 Of 12
6. As a custom-lit subdivision, the following requirements shall be met:
a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site
drainage facilities necessary for dewatering all parcels to the satisfaction of the Building
and Safety Division prior to final map approval and prior to the issuance of grading permits.
b. Appropriate easements for safe disposal of drainage water that are conducted onto
or over adjacent parcels, are to be delineated and recorded to the satisfaction of the
Building and Safety Division prior to issuance ot grading and building penmits.
c:. On-site drainage improvements, necessary for dewatering and protecting the subdivided
pro13erties, are to be installed prior to issuance of building barmits for construction upon
any parcel that may be subject to drainage flows entering, leaving, or within a parcel
relative to which a building pan'nit is requested.
cl. Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building and grading permits. (This may be on an
incremental or composite basis.)
All slipe banks in excess of 5 feet in vertical height shall be seeded with native grasses
or planted with ground cover for erosion control upon complation of grading or soma other
alternative method of erosion control shall be com13ieted to the satisfaction of the Building
Official. In addition a permanent irrigation system shall be provided. This requirement
does not release the applicant/developer from compliance with the slope planting
requirements of Section 17.08.040 1 of the Development Code.
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APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714)989-1862, FOR COMPLIANCE
¥1TH THE FOLLOWING CONDITIONS:
L. Dedication and Vehicular Acces~
Rights-of-way and easements shall be dedicated to the City for all interior public streets,
community trails, public paseos, public landscape areas, street trees, and public drainage
facilities as shown on tha plans and/or tentative map. Private easements for non-public
facilities (cross-lot drainage, local feeder trails, etc.) shall be rasewed as shown on the plans
and/or tentative map.
2. Dedication shall be made ot the following rights-of-way on the pealmater 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 stmots or ddves.
-foot wide roadway easement slmll be made
4. Non-vehicular access shall be dedicated to the City for the following Streets:
SC - 2/91
Reciprocal access easements shall be provided ensudng access to all parcels by CC&Rs
or' by deeds and shall be recorded concurrently with the map or pdor to the issuance of
building pen.nitS, whare no map is involved. 3_~,~- ~...~'
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.. 6. Private clraJnage easements for cross-lot ctrainage snail be prov~ecl ancl styall De aehnea[eC
or noted on tl~e final map.
7. The final ma,o shall clearly delineate a 10-foot minimum building restriction area on the
neighboring lot adjoining the zero Io! line wall arx~ contain the following language:
'l/We hereby dedicate to the City of Rancho Cucamonga the rfght to prohibit the
construction of (residential) buildings (or other structures) w#hin those areas clesignatecl
on the rna13 as building restriction areas.'
A maintenance agreement shall also be granted from each lot to the adjacent lot through the
CC&R's.
8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on
the final rnap.
9. Easements for public sidewalks and/or street trees placed outside the public right-of-way
shall be dedicated to the City wherever they encroach onto I:mvate property.
10. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum
of 7 feet measured from the face of curbe. If cu~ adjacent sidewalk is used along the right
turn lane, a parallel street tree maintenance easement sitall be provk:le¢l.
11. The develober shall make a good faith effort to acquire the required off-site I;m:~erty interests
,necessary to COnStruct the reduired pu131ic irnDrovernents, arK] If he/she should fail to do so,
l~he developer shall, at least 120 days prior to submittal of the final rna,o Ior al;N3mval, enter
into an agreement to complete me improvements pursuant to Government Code Section
~o462 atsuchtimeasll~eCityacquiresthepropertyinterestsrequiredlortheimprovements.
Such agreement shall provide for payment 13y the develoDer of all costs incurred by the City
to acquire the off-site pmpeffy interests required in connection with tl~ subdivision. Security
for a portion of these costs sl~all be in the form el a cash de13osit in the amount given in an
;~oraisal report oblained by the developer, at develoOer's cost. The a131xaiser shall have
been approved by the City l:~Or to COmmencement el the appraisal.
M. Street Improvementa
All public improvements (interior streets, drainage facialas, COmmunity trails, paseos,
landscaped areas, etc.) s/x~wn on the plans aml/or tentative map shall be COnstructed to
City Standa~s. Interior street improvements shall include. Ix~ are not liraitel to, cur0 and
guner, AC pavement, anve a131;xoac~$, sidewab, street lig~s, aml street trees.
2. Arr. nimum of 26- foot wide pavement, wilhin a 40 -fool wide dlclicated rigN-of-way shall be
constructe4 for aJl hall-eeCtion streets.
3. C:onstruct I~ following per~eler street improvements inclucllng, 13ut not llrnitecl to:
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CURB & &C.
GUI'~R
COMM. MF.,D[A,~ OTHER
TRAIl,,
Notes: ~eciian islarx:l ir'K:ludes lanclscaD~ng and irr~ation on meter (b) Pavement
reconstruction ancl overlays will be determinecl during plan c~eck. (c) I! so marked, sHOe-
walk s~all be curvilinear per STD. 304. (c~) If so marked. an in-lieu of construction tee snail
be provided for this item.
4. Irr~rovement plans and construction:
Street improvemenl plans including street trees and street lights, prepare~ by a regis-
terecl Civil Engineer, sl'1all be suPmiffed to and a;313roved by the City Engineer. Security
shall be posted and an agreement executed to the satisfaction of the City Engineer and
the City A~tomey guaranteeing completion ot Ihe pu13tic ar,4:For private street improve-
roehis, prior to final map al~roval orthe issuance of buildin<j permits, whichever occurs
first.
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Prior to any work being performed in public right-of-way, fees shall be paid and a
construction permit shall be obtained from the City Engineer's Office in a0clition to any
other permits reduired.
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c. Pavement striping, marking, traffic. street r'.ame signing, anti interconnect conduit
shall be installed to the satisfaction of the City Engineer.
Signal conduit with pull boxes shall be installed on any new construction or reconstruct ion
of major, secondary or collector streets which intersect with other major, secondary or
colleCtOr streets for future traffic signals. Pull I~xes shall be placed on both sides of the
street at 3 feet outside of BCR, ECR or any other locations approved I:)y the City Engineer.
Not · s:
( 1 ) AJI pull I:x:)xes shall be No, 6 unless otherwise specified by the City Engineer.
(2) Conduit shall be 3.inch galvanized steel with pullrope.
Wheel chair rarn~s shall be installed on all to,Jr comers of intersections per City
Standareas or as directed I~/tha City Engineer.
f. Existing City roeds mCluiring construction sfiall remain o~n to traffic at all times with ---/
adeduate cleto~Jrs ~unng constmcticn. A street closure pem~it may be ra<luired. A cash
cleposit shall be I~'Ovided tO COV~f' the coat of gra(t~ arid paving, which shall be
refunded upon coml~tion of the construction to the satistacticn of the City Engineer.
g. Concentrated ~lraJnage flows ~all not cross sidewalk. Under sidewalk drains shall be
installed tO City $tanclar~, excel31 for single family lois.
I~,. · Hancllr~ access ra~ tiesign sl~all be as s~ed I~y the City Engineer.
i. Street names sl~alll~ approved I~y the City Planner prior to s~13m~al for first plan CheCk. __/
5. Street iml~'Ovement pla~ per C~ Star,:lar~ for all Ixivate streets s~ ~ pm~ for
review a~ ~val by t~ C~ E~i~. P~ to ~ ~ ~ ~do~ on the
vine ~reets, f~s S~ll ~ ~ a~ ~~n ~S S~ ~ ~tai~ from ~ C'~y
E~inae~s ~e in ~t~n to a~ ot~ ~s r~ir~.
6. Sl'reef trees, a minirr~m o! 15-gallon size or larger, shall be installed per C~ Standar0s in I
accor0ance with the City's street free program.
2/91 i0o( [2
7. Intersection line of site designs shall De reviewed by the Cily Engineer for conlormance
a~:~ptecl policy.
a. On collector or larger s~reets, lines of s~M shall be plotted lot all project intersections.
including driveways. Walls, s~gns, and slopes shall be located outside t~e lines of sight.
Lanclscalping and olher obstru~ions within the lines of sight sitall be alpproved by the City
Engineer.
b. Local residential street intersections shall have their noticeability improved. usually by
moving the 2 +/- closest street trees on each stele away from the street and placed in a street
tree easement.
8. A permit shall be obtained from CALTRANS for any work within the following dgnt-of-way:
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9. All public improvements on the following streets snail be operationally complete prior to the
issuance of building permits:
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N. Public Maintenance Ateaa
1. A separate set of landscape and irrigation plans ber Engineering Public Works Standards
sl~all be submitled to the City Engineer for review and apOroval prior to final map approval
or issuance of building permits, whichever occurs first. The following landscape parkways,
medians, paseos, easements, trails, or other areas are required to be annexed into the
L.andsca~e Maintenance District:
2. A signed consent and waiver form to loin arx:Vor form the appropriate Landscape and Lignting
Districts snail be file~l with the City Engineer prior to final map al~mval or issuance of builtling
permits whicttever occurs first. Formation costs snail be borne by the developer.
3. All required public landsca,oing and irrigation systems sl~111~ continuously maintaine¢~ by the
d,eveloper until accepted I~ fl~e Cib/.
4. Parkway landscaping on the following street(s) sl~all conform to the results ot tl'~ respective
Beautiticat~on Master Plan:
O. Drainage am:l Floo~l C~ntml
1. The project (or portions tl'temof) is located within a Flood Haza~ Zone: t~refore, f~
p,rot~n ~a~ms s~ ~ ~v~ ~ cl~l~ ~y a r~er~ CN~ E~in~r a~
2. I! :snail be tl~ developer's responsibility to I~ave tV, e curren~ FIRM Zone
cles~nation removed from tl~ project area. The aevelope~'s engineer sl'tall I~'eO~'e all
necessa~/rel:X)rls, p~an$, an~ I'~fdrolo~ic,'nydraulic .calculations. A Conditional Lal~er
of Map Revision (CLOMR) Shall be obtain~ from FEMA p~r to final rna,o ap0toval or
issuance of I~uilding permits, whichever occum first. A Lelter of Mal~ Revision (LOMR) Shall
0e issued by FEMA prior to occupancy or iml~rovement ac__-ce_~ance, whichever occurs first
3. A linal clrainage study snail be ~12mitled to and aporoved by t~e City Engineer pnor to f,nal
map approval or the ~ssuance of builtling permits, whichever occurs first. NI clrainage
fa¢:~lit~es snail be ~nstalled as required by the City Engineer.
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~ -2/91 I1 ol't2
4. A permit from the County Flood Control District is requirecJ for work wrthin Rsr~gnt-ol-way
5. Trees are prohibited within 5 leer of the outside ciiameter of any public storm drain pipe
measured from the outer ec~ge of a mature tree trunk.
6. Public storm drain easements shall be gracled to convey overflows in the event of a
bloc~kage in a sump catch basin on the public street.
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P. Utilities
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1. Provide separate utili17 services to each parcel including sanitary sewerage system, water,/ /
!;;as, electric power, telephone, and cable 'IV (all underground) in ao_-e~ance with the Utility
Standards. Easements shall be provided as required.
2. 'rhe develober shall be responsible for the relocation of existing utilities as necessary. / /
3. Water and sewer plans shall be designed and constructed to meet the requirements of the ~ /
Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District,
and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CCWD is requimcl prior to final map aD13mval or issuance of permits,
whichever occurs first.
O. General Requirements and .~rO~lle
1. The seDarate parcels contained within the I~'oject boundaries shall be legally combined into
one parcel prior to issuance of building I;:)ermlts.
~ 2. An easement for a joint use ddveway 511all be I~rOvided prior to final mad aDl:.'oval or ---/
issuance of building permits. whichever _oc_m_jrs first. lot: 1.5'~'~5"
/X~ 3. Prior to al:~roval of the final mad a degosit shall be posted with the City cov.~d__n.n~ t~e /
estimated cosl of aD~ortioning the assessments ur~er Assessment DistrtctZ:D.% ~1
among the newly created parcels.
4. Eliwanda/San Sevaine Area Regional Mainline, Secondary Regional, arx] Master Plan
Drainage Fees shall be paid I:xior to final mad alN3mval or I:xfor to t:xiilding permit issuance
r~ mad is involved.
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5. Permits shall be oblained from the fOllOwing agencies for work wilttin their dgN-of-way: .~/ /__
6. A signed coneenf and waive' form to join and/or form the Law EnforcemeN Community
Fac~litiee ~ sitall be fiM¢I with the City Engineer I;Xtor to final reel3 aDetovai or the
issuance of 13uiiding 13~rmits, whichever _o,'J~__,rs fl~t. Formation costS Shall be Ix)me by the
Oevetol3er.
Pr~or to finaiization ol any deveio13menf I~ase, sufficient in~mvemenf plane snail be com-
pletecl beyon{3 the phase boundahes to assure secondary access and clrainage I;XOtection to
the sattsfa~Jon of the City Engineer. Phase boundaries Shall con'esDOnd to lot lines slx)wn
on Ihe aDl~'Oved lentalive maD.
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2/91
t 2 Q( 12
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 15595, A MODIFICATION TO TRACT 13717 TO SUBDIVIDE
THE SOUTHERN PORTION OF THE SITE INTO 18 LOTS FOR THE
DEVELOPHENT OF 241 CONDOMINIUMS ON 14.8 ACRES OF LAND IN
THE MEDIUM-HIGH RESIDENTIAL DESIGNATION (14-24 DWELLING
UNITS PER ACHE) OF THE TE~RA VISTA PLANNED COMMUNITY,
LOCATED AT THE NORTHEAST CO~NER OF CHURCH STREET AND
SPRUCE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1077-801-01 THROUGH 11.
A. Recitals.
1. Lewis Homes has filed an application for the approval of
Tentative Tract Map No. 15595, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Tentative Tract Map request is
referred to as "the application."
2. On the 10th day of November 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.
3. All legal prerequisites prior to the adoption of this Resolution
have ,occurred.
B. iResolution.
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 November 10, 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 at the northeast
corner of Church Street and Spruce Avenue with a street frontage of 510 feet
on Spruce Avenue and 640 feet on Church Street and is presently rough graded;
and
b. The property to the north of the subject site is
residentially zoned and is vacant, the property to the south of the site
consists of office zoned property and is vacant, the property to the east is
residentially zoned and developed with apartments, and the property to the
west is residentially zoned and is rough graded; and
PLANNING COMMISSION RESOLUTION NO.
TT 1.5595 - LEWIS HOMES
November 10, 1993
Page 2
c. The development of the 241 condominium units on 14.8 acres of
land is consistent with the Medium-High Residential designation of the Terra
Vista Planned Community and Medium and High Residential designations of the
General Plan; and
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 I and 2 above, this Commission hereby finds and
concludes as follows=
a. That the 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
subs=antial 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. The Planning Commission hereby finds and determines that a
Negative Declaration was issued for the original Tentative Tract Map on
February 14, 1990, and that the present application and environmental setting
are in substantial compliance with the original approval. Therefore, the
Negative Declaration adequately addresses the potential environmental impacts
of the application.
5. Based upon the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the
application subject to each and every condition set forth below and in the
Standard Conditions, attached hereto and incorporated herein by this
reference.
Plannino Division
1) All applicable conditions of Tentative
Tract 13717, as contained in Resolution
No. 90-19, shall apply.
PLANNING COMMISSION RESOLUTION NO.
TT 15595 - LEWIS HOMES
November 10, 1993
Page 3
2) The final map shall record concurrently with
Tract Map No. 15594.
3) The project shall comply with the Terra Vista
Park Implementation Plan.
4)
Lots "A", "C", and "D" shall be credited towards
meeting the park dedication requirements of the
Terra Vista Park Implementation Plan.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 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 Con~niesion of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regu]~arly 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 10th day of November 1993, by the following vote-to-wit=
AYES:~
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT: ~ COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
SUBJECT: -'~/ ~'V'~
APPLICANT: ~"- ~?.~ .~/~'-.,,..~
LOCATION:
Those items che~ are ~ions of ~val.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Umlte
v// 1. Approval shall expire, unless extended by the Planning Commission, if building permits are ---/ /-
not issued or approved use has not commenced within 24 months from the date of apcroval.
2. Development/Design Review shell be approved prior to / / / /
3. Approval of Tentative Tract No. is granted sul~act to the approval of / /
4. The developer shell commenca, participate in, and consummate or cause to be commenced. / /
participated in, or consummated, a Melio-Roos Comn~nity Facilities Distrlct (CFD) for the
Rancho Cucamonga Fire Protection Dist~=t to finance construction am/or maintenance of
a fire station to serve the deveiofiment. The station Shall be located, designed, and built to
all specifications of the Rancho Cucamonga Fire Protection District, and shall become the
Oistrict's ~rly upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station, the developer shell comply with all
appficable laws and regulations. The CFD shell be formed by the District and the developer
by the time recordation of the final map (x3curs.
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Pdor to recordation of the final map or the issuance of building permits, whichever comes
first. the applicant shell consent to, or parlicipate in, the establishment of a Melio-Roos
Community Facilities District for the construction and maintenance of necessary school
facilities. However, if any SChOOl district has previously established such a Community
Facilities District, the applicant shell, in the alternative, consent to the annexation of the
project site into the terrifo~/of such existing District Ixior to the racordation of the final map
or the issuance ol building peffnits, whichever comes lirst. Further, it the affected school
district has not formed a Melld-Roos Community Facilities District within twelve months from
tt~s (rate of approval of the project and pt~or to the recordation of the final map or issuance
of building permits lot said pro~ct, this condition shell be deemed null and void.
SC - 2/gl ] of t2
This condition shall be waived it 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 shall be submitted to the
Department of Community Development. Such letter must have been issued by the water
district wit bin 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.
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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 he completed to the satisfaction of the City Planner.
Oocupancy of the facility shell not commence until such time as all Uniform Building Code and
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 pdor to
occupancy.
v'/ 6.
Revised site plans and building elevations incoq=orating 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 shell be coordinated for
consistency pdor to issuance of any permits (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, whichever comes first.
Al:~'oval of this requeet shall not waive compliance 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.
A detailed on-site lighting I/an shall be reviewed and appwved by the City Planner and
ShedtTs Depa~l~t~lrlt (989-6611) prior to the issuance of building permits. Such plan shall
indicate style, illumination, location, height, and method of shielding so as not to adversely
affect adjacent properties.
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10.
If no centralized trash receptacles are provided, all trash pick.up shell be for individual units
with all receptacles shielded from public view.
Trash receptacle(s) are required and shall meet City standards. The final design, locations,
and the number of trash receptacles Shall be sul:~ect to City Planner review and al:~xoval
prior to issuance of building parmits.
All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall
be located out ot public view and adequately screened through the usa of a combination of
concrete or masonry walls, herming, and/or landscaping to the satisfaction of the City
Planner. A --~_ _-'~'.,/.~ .~
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SC - 2/91 2 ol' 12
11. Street names shall be submitted for City Planner review and approval in accordance with
the adopted Street Naming Policy prior to apprOval of the final map.
12. All building numbers and individual units st.all 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
Pllanner review and approval priorto approval and reco~clation 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
animalswhere zoning requirements forths 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 Io beards 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 ol the Planning and Engineering
Divisions and the City Attomay. They shall be recorded concun'ently with the Final Map or
prior to the issuance of building permits, whicfiever occurs first. A recorded copy 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 acoeptable 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 tot
the sulxlivision which shall be recorded concurrently with the recordation of the Ilnal map or
issuance of permits, whichever comas first. The easements shall I:~ohibit the casting of
shadows by vegetation, structures, fixtures or any ottter obiect, excepl for utility wires and
similar objects, pursuant to Development Code Section 17.08.060-G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and
maintained in accordance wilh the Historic Landmark Altertldn Permit No.
· Any further modifications to the site including, ~ not limited to, exterior alterations and/or
interior alterations wl~ich affect the exterior ot the buildings or structures, removal ol landmark
trees, demolition, reidcation, reconstruction of buildings or structures, or changes to the site,
shall require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
C. Building Dellgn
An alternative energy system is required to provide domestic hot water for all dwelling units
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capecity and efficiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in tha building plans and shall be sul:wnitted for City Planner review and al:~roval
prior to the issuance of building permits.
All dwellings shall have the tront, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation o! surface treatment sul~ect to City Planner
review and approval prior to issuance of building permits.
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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 a~proval prior to issuance of building permits.
All roof appudenances, including air conditioners and other roof mounted equipment and/or
I:~rojections, shall be shielded from view and the sound buffered trom 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 an(I Vehicular Acces~ (Indicate details on bulkling plans)
/ 1. AII parking lot landscape islands shall have a minimum outslde dimension of 61eet 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 dwellings/units/buildings with open spaces/
plazas/recreational uses.
3. A~I parking spaces shall be double striped per City standards and all driveway aisles,
entrances, and exits shall be striped per City standards.
4. Alll units shall be provided with garage door openers if driveways are lass than 18 lest in
depth from back of sidewalk.
The Covenants, Conditions and Restrictions shall rest r'~ct the storage of recreational vehicles
orl this site unless they are the principal source of transl;x3~tation 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 al:q3roval prior to issuance ol building
parmits.
E. Landscaping (for pul~llcly maintained ian~l~=ape area~, reter to Section N.)
A detailed landscape and irrigation plan, including slope planting and model home landscap-
ing in the case of residential development, Shall be pre13arad by a licensed landscape
amhitecl and submitled for C#y PlaNter feviaw and ~1 prior to the issuance of building
pe.rmits or prior final map approval in the case of a custom lot sulxtivisfon.
2. Existing trees required to be preserved in place shall be protected with a construction barrier
in ,acco rdance with the Mu nlcipel Code Section 19.08.110, and so noted o n the grading plans.
The location of those trees to be preserved in piece and new locations for transplanted trees
shall be shown Oiliris deralibi lano~.,a13e plans. The al::q::~c, ant shall follow all of the arborisrs
r~:x)mmendations regaling preservation, tran~ianting and tdrnming methods.
A minimum of ~ trees per gross acre, cornprisad of the following sizes, shall be provided
wilhin the project: 5' % - 48- inch box or larger, ~' % - 36- inch box or larger,
~7~'~ % - 24- inCh bex or larger, ~ % - 15-galfon, and ----' % - 5 gallon.
4. A minimum of % of trees plantad within the project shall be specimen size trees -
24-inch box or larger.
v/ 5. W~thin 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 st solar noon on August 21.
Pm~cct .~'o./~'/~: ~-
Corn~c~n D~tc:
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SC - 2/9 1
4of 12
SC - 2/9 t
6. Trees shall be planted in areas of public view adjacent to and along structures at a rate ol one
tree per 30 linear feet of builcling.
All private slope banks 5 feet or less in vertical height and of .5:1 or greater slope, but less than
:2:1 slope, shall be, at minimum, irrigated and landscaped witit appropriate ground cover for
erosion control. Slope planting required by this section shall inclucia 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
slobs shall be landscaped and irrigated for erosion control and to soften their appearance as
1ollows: one 15-gallon or langer size tree per each 150 sq. ft. of slope area, 1 -gallon or langer
size shrub per each 100 sq. ft. ol slope area, and appropriate ground cover. In addition, slope
13anks 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 shrul~ 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
cx=cupancy.
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
i:s sold and occupied by the buyer. Priortoreleacingocoupancyforthoseunits, aninspaction
shall be conducted by the Planning Division to determine that they are in satisfactory
condition.
10. For multi-family residential and non-residential development, property owners are respon-
sibla for the continual maintenance of all landscaped areas on-site, as well as contiguous
planted areas within the pu131ic right-of-way. All landscaped areas shall be kept free from
weeds and del~is and maintained in a healthy and thering condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Arty darnaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
11.
Front yard landscaping shall be required par the Development Code and/or
· This requirement shall be in addition to the required
street trees and slope planting.
12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be
included in the requtm(:l landscape plans and shall be sub~act to City Planner review and
approval and coordinated lot consistency with any pad<way landscaping plan which may be
required by the Engineering Division.
13. Special landscape features such es mounding, alluvial rock, ~mcimen size trees, meander-
ing sidewalks (with horizontal change), and inleneitled land~aplng, is required along
v/ 14. Landscaping and irrigation systems required to be inetalMd within the public right-of-way on
the perimeter of this project area shall be continuously maintained by the developer.
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15. All walls shall be provided with decorative treatment. ff located in public maintenance areas,
the clasign shall be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and su13milted for City Planner review and
approval Ixior to issuance of building permits. These criteria shall encourage the natural
growth cl~aractedstics of the selected tree species.
17. Landscaping and irrigation sl~all be designeel to consewe water through the principles of
Xeriscape as delinad in Chapter 19.16 of the Rancho Cucamonga Municipal Code.
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C-o~l~lCuo~ D~[~:
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F. Signs
'~e signs indicated on the su13rnitted plans are conceptual only and not a part of this approval.
Any signs proposed for this development shall comply with the Sign Ordinance and shall
require separate application and approval by the Planning Division prior to installation of any
signs.
2. A Uniform Sign Program for this development shall be submitted for City Planner review and
approval prior to issuance of building permits.
r)irectory monument sign(s) shall be provided for apartment, condominium, or townhomes
phor Io occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
G. Environmental
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The developer shall provide each prospective buyer written notice of the Fourth Street Rock
Crusher project in a standard format as determined by the City Planner, prior to accepting a
cash deposit on any property.
The developer shall provide each prospective buyer written notice of the City Adopted
Spacial 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 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
al~enuation to below 45 CNEL, the building marshals ancl const ruction techniques providad,
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.
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H. Other Agencies
v/ 1. Emergency ssconclary access shall be provided in a-~,~,~rdance with Rancho Cucamonga Fire
Protection District Standards.
E,mergency access shall be provided, maintenance Ires and clear, a minimum o126 feet wide
at all timaS during construction in accordance with Rancho Cucamonga Fire Protection
District requirements.
Prior to issuance of building permits for combustibla construction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection District titat temporary water supply for
fire protection is available, pending completion of required fire protection system.
The applicanf shall contact the U. S. Postal Sewice to determine the appropriate type and
location of mail boxes. Multi-family residential developments sl~il Fovide a solid ovemead
structure for mail boxes with aclequate ligtRing. The final Iocatk:m of the mail boxes and the
design of the overtmad structure shall be subject to City Planner review and approval prior
to the issuance of building permits.
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SC-2/91
For projects using septic tank facilities, written certification of acceptability, including all
supl:)ortive information, shall be ol3lainecl from the Sen Bernardino County Department of
Environmanfal Health and submittecl to the Building Olficial pffor to the issuance of Septic
Tank Permits, and prior to issuance of buildi.n~ permits./_
eof 12
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
1. 'l'he applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani-
cal Code, Uniform Plumbing Code, National Electric Co~e, 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.
v/ 4.
Prior to issuance of building permits for a new reeldentlal dwelling unit(s) or major addition
to existing unit(s), the applicant shall pay development fees at the established rate. S~ch 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 a,oplicant shell pay development fees at the
established rate. Such tees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
Street addresses shall be p~ovided by the Building Offiolal, aftertract/parcel map recordation
and prior to issuance of building perTnits.
J. Existing Structuree
K. Gr~llng
v/ 1.
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Provide compliance with the Uniform Building Code for the properly 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 intende(I use or the building shell be demOlishell.
Existing sewage disposal facilities shell be remOved, filled and/or capped to comply with the
Uniterin Plumbing Code and Uniform Building Code.
Underground on-site utilities are to be located and shown on building plans submitted for
I:N. Jilding permit application.
Grading of the subject proparty shell be in accordance wilh the Uniform Building Code, City
Grading Standards, and acceplad grading practices. The final grading plan shell be in
substantial conlormance with the alUm:wad grading I~an.
A soils reput shall be lxepared by a quafflied engineer licensed by the State of California to
The deveiopment is located within the soil erosion control boundaries; a Soil Oistu~oance
Permit is requlrm:l. Please contact San Bemar~ino Courtly Departmenl of Agriculture at (714)
3~7-2111 for permit app#cation. Documentation of suclt parmir sl~all be submitted to the City
p~or to the issuance of rough grading parre#.
SC. 2/91
4. A geological report shell be Ixeparad by a quaillied engineer or geologist and submitted at
the time of al~lication for grading plan check.
5. The final grading plans shall be compieted and a131:xovad p~'ior to issuance of building parmits.
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6. AS a custom-lit subdivision, the following requirements shall be met:
a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site
drainage facilities necessary for dewatering all parcels to the satisfaction of the Building
and Safety Division prior to final map apgroval and prior 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 recorded to the satisfaction of the
Building and Safety Division prior to issuance of grading and building permits.
c. On-site drainage improvements, necessary for dewatering and protecting the subdivided
properties, are to be installed prior to issuance of 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.
¢1.
Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building and grading parmits. (This may be on an
incremental or composite basis.)
e. All slope banks in excess of 5 feet in vertical heignt shall be seeded with native grasses
or planted with ground cover for erosion control upon completion of grading or some other
alternative mathod of erosion control sftall be comgieted to the satisfaction of the Building
Official. In addition a permanent irrigation system shall be provided. This requirement
does not release the applicant/developer from compliance with the slope planting
requirements of Section 17.08.040 1 of the Deveio9ment Code.
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APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (714) 98~-1862, FOR COMPLIANCE
VITH THE FOLLOWING CONDITIONS:
L Declicatlon and Vehicular Acceea
1. Rights-of-way and easements shall be dedicated to the City for aH interior public streets,
community trails, public paseos, public landscape areas, street trees, and public drainage
facilities as shown on the plans and/or tentative map. Private easements for non-public
facilities (o'oss-iot drainage, local teeder trails, etc.) shall be reserved as shown on the plans
anchor tentative map.
2. Dedication shall be made of the following rights-of-way on the perimeter streets
(measured lrom 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.
4. Non-vehicular access shall be dedicated to the C~ for the following streets:
/
.foot wide roadway easement s~l be made / /
/ /
S~ - 2/91
5. Reciprocal access easements shall be providecl ensuring access to all parcels by CC&Rs /~ _
or by deeds and shall be recorded concurrently with the map or pdor to the issuance of i
building permits, wfiere no map is involved. ~----~.~ i
Sol 12
$. Private drainage easements torcross-k~t ara,nage snail De prov~e~ aria snail
or note~l on t~e final map.
7. The final map shall clearly delineate a 10-foot minimum bullcling restrction area on the
neigt~aorlng lOt acljoining the zero lot line wall anti contain the followil'tg language:
'l/We hereby declicate to the City of Rancho Cucamonga the rfght to proftil)ir the
construction of (residential) I~u~lclings (or other structures) w#l~in those areas des~gnatecl
on tl~e map as t)uilcling restriction areaa.'
A maintenance agreement shall also I:)e granted from each lot to the acljacent lot tl~rougr~ the
CC&R's.
8. All existing easements lying within future rigl~s-of-way shell be quitclaimed or clelineated on
the final map.
9. Easements for pul:)lic sidewalks and/or street trees placect outside the pu01ic rigM-of.way
Shall be cledicated to the City wherever lhey encma~ onto private pro~rty.
10. Ack:litionai street right-of-way shall be CleCllCattKI along right rum lanes, to pmvicle a minimum
o! 7 feet rneasured from the face of cuFoe. If cu(o edjacent sidewalk is used along the right
turn lane. a parallel street tree maintenance easemaN shall be provide0.
11
· The develoger shall make a good faith effort to acquire the required off-site property interests
necessary to construct the required public improveman[I, and it he/Sl~ IhOUlCl fail to clo so,
the developer shall, at least 120 clays la~)r to SulXTtit~l Ot the final map for approval, enter
into an agreement to complete the irngmvemants pursuant to Govemmant Cocle Section
66462 at sucl~ tima ss tha C~ acquires the prolx~ly interests recluired for the improvements.
Such agreement shall i:)rovicle for payment by II~ developer of al ~ incurred by the City
to acquire the oil-site progerry interests required in connection with the ~ul:x:livtsiOn. Sacurn/
~Ior a portion of these costs shall be in the form ol a c~h cleg)oail in the amount given in an
.appraisal report oDlained I:)y the cleveloger, at clevelogei'l cost. The apgillaer ~all have
been approved by Ihe City prior to commercemini (M U'te aggr~is~J.
M. Street Improvementa
All pul~ic improvements (intehor strNt.1, clreinNe facili#, communily trails, paseos,
lanctscapacl areas, etc.) ihewn on the planl and/or tenlltive map shall Ix constructed to
City Standaras. Interior strW improvemeal ~ ieCkKle, N am nM irraecl to, cue and
gu~er, AC pavement, cMve appmach~, siDewake, slreel lighll, ancl Strom trees.
2. A min~num ot 26- feel Mole pavement, within a 40 -feel wicle cledlr. ate~l rill-of-way Mall be
constructed fM aJl h~JI-MClWn strNl~.
3. Construct Ihe 1olfo~ng peritaMer ~lreel impmvement~ inc, luaing, t~ut nel limited to:
Sl'R~ET NA.M~ Cl./R~ · A.C. MD[ DRIV~ S'TRF.,~T ~ COMM. MF..DLM, OTHER
G~ ~ WALK ~ L,1ol. rz~~ I'RAU, I~M~ID
/ /
/ /
__/ /
/ /
/ /
/ /
__/
Notes: ~ec~ian islar~ inclucles lanclscao,ncj ancl irrK~ation on meter (b} ~avement
reconstruction ancl overlays will ~e cteterm~necl c~unng plan check. (c) it so mart<ecl, s<le-
walk shall I:)e cumilinear per STD. 304. (cl) If so marks<2. an in-lieu ol constr~ction fee snail
be prov'cled for this item.
4, Improvement plans and construction:
Street improvement plans including street trees and street lig~$, prepared I~y a regis-
tered Civil Engineer, shall I~e $ul:)mittec:l to artcl a133mvecI I:)y the City Engineer. Security
shall be posted and an agreement executed to the satisfaction o! the City Engineer and
the City Attorney guaranteeing comptation of the PUD#C ariel/or private street improve-
ments, prior to final map Koproval orthe isluance o! building permits, whichever occurs
first.
/ /
Prior to any wori< being padon'ned in public rig~-ol-way, tees sl~all be paid and a
construction parreit snail be o~ainect from ~e City Engineer'$ Office in actclition to any
other pan'nits required.
/ /
c. Pavement striping, ma~ing, traffic, street name signing, ~ interconnect conduit
shall be installed to the satisfaction of the City Engineer.
do
Signal conduit with pull boxes $nalll~ installed on any new construction or reconstruction
of malor, secon~ry or collector streets wfiich i~'11ersact with other ma~or, $econcla~ or
collector streets for future traffic signals. Pull I:x)xes sllatl be placed on Ix)tit sides of the
street at 3 feet out $Cle of BCR, EC R or any ~ner locations apl~'oved ~ trm City Engineer.
Notes:
(1) AJI pull boxes styall be No. 6 unles~ othecwisa sl:4ciliscI t)y 11'14 City Engineer.
(2) ConckJit styall be 3.inc~ galvanized steel wilh pullfops.
Wheel c,~air rarnl~ sl~all 134 installed on il Iour comerl ot irlemectione per City
Stanclarcls or as directed tW tM CRy Engine~'.
Existing City roa~s mClU'~g construction sl~l retrain open to tralfic at all times with
adequate deto4Jm during cone~mctiofi. A I~'ll{ ctolurl pem~ may I~ reClUired. A
c~o~ sMnl~l~ViOecl tocovectMc~t ofgradlng and paving, wt'd~ sl~11 be
refunded ul:x)n comiClion of ~ COfiat~lction to ~ Safiltlc:tioll of the CRY Engineer.
h.. Hano~ aecos~ ramp clesig~ shall be as s~mcd~cl Oy the CRY Engineer.
i. Street names N~I be ai:~ by the City Ptanne~ I~Or to sul~rdltaJ for first P~at~ CMCk. /
5. Street h,~ov&,~e,d I~al'~ ~ CRY ,~ f~'aJl I:xlvate m~S~~ for
rev~ aM ~val ~ t~ C~ E~. ~ to ~ ~ ~ ~ on me ~-
E~s ~l ~ ~t~n tO ~ Ot~ ~1 ~.
6. Street trees. a mmirrljm
.ec__~_rctance with tl't4 CRy's strlet true I~ogram.
2/9 !
lO of t2
~.~ 7. Intersection line of site cles,gns shall ida revieweO by the C~ty Engineer for conformance w~m
aOopteO IDOliCy.
a. On coilactor or larger streets, lines of s~gnt shall be ?~1otte<l for all project intersections,
including c~riveways. WellS, s~gns, and slopes shall be iocat~Kt outside the lines of s~Ght.
LandscaDing and other obstructions within the lines of sight $1~all be a~orove~l t~y the City
Engineer.
Local residential street intersections shall have their noticeability improved, us~Jelly By
moving the 2 +/- ClOSest street frees on each sic~ away from the street and placed in a street
tree easement.
/ /
8. A perraft shall be oblained from CALTRANS for any work within the following right-of-way: .~J /
9. All I~blic iml:~ovements on the lollowing streets shall be oberatlonally co~e pdor to the
issuance of building permits:
/ /
2. A signe~l consent and waiver form to ioin and/or form the al~q~ol~iafe LandSC~l~ and Lighting
Districts shall be illeel with the City Engineer I~rtor to final ma~ al~p~ov~l or issuance o! building
permits whichever occurs first. Formation c~t~ ~ be home by the clevetol~r.
3. All re~uirecl I~Jbtic landscal:~'tg and it~gati~t $y~llm~ N~aJl be cx~linuously main~ainecl by the
cleveloper until acCel~ed by the City.
4. l:~aeo#ay landscal~g on the lollowing street(s) shall co~lorm to the results of the respective
EItautification Idlatlr Plafi:
/ /
O. Drathagl and Fkx)(I Control
t. The project (o~ portkx~ thereof) is located witran a Floed Hazard Zone: therefore. flood
protectkxt mlaluml Ittlil Ize ~ as certified by a registered Civil Engineer and
2. It shah be the de~ek~e¢l ~ to have the c~jrt~l FIRM Z~ne
des~nm~ ~ f~ t~ ~ area. ~ ~s ~ s~l ~e all
of M~ Revlon (CLOMR) ~ ~ ~ f~ FEMA ~ ~ f~ ~ ~al or
issua~ W ~i~ ~1, ~ver ~m ~. A L~ M~ ~ (L~R) ~all
~ is~ ~y FEMA ~r ~ ~ ~ i~t~ ~l~, ~t~ ~rs first
3. A final drair~ge study shall be submitted to and ~,c~q~mved by me Cily Engineer I~Or to final
map alX~Oval or tl~e issuam:e of building I~tmds, whichever c~cum first. NI clrainage
facilities shall be install~:l as reQuirecl by the C~y Eng~rteer.
~ - 2/91 [ I of' 12
4. A pen'nit from the County Flood Control Distrot ~s require(3 for wo~k w~tt~in rtsr~gnt*of-way
5. Trees are prohibited within 5 leet of the outside diameter of any public storm drain pi13e
measured from the outer edge of a mature tree trunk.
Public stem1 (:Irain easements sllall be graded to convey overflows in the event of a
blockage in a sun%o catch basin on tl~e public street.
P. Utilities
/ /
/ /
1. Provide separate utili~ services to each pamel including sanitary sewerage system, water,
gas, electnc 13ewer, telephone, and cable TV (all underground) in a.:~.n:tance with the Utility
.~~ Standares. Easements shall be provided as required.
2. The developer Shall be res13onsible for the relocation of existing utilities as necessary. / /
3. Water and sewer plans shall be designed and constructed to meet the reduirements of the / /
Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District,
and the Environmental Health Department of the County of San Bernardino. A letter of
com~iance Item the CCWD is reclUimCl I:X'ldr to final map ap13mval or issuance of penmits,
whichever oC__~jrS first.
Q. General Requlrement~ and
1. The separate parcels contained within the i:xoject bounclanes shaft be legally corn13ined into
one parcel prior to is,tuance of building parmits.
issuance of building bernits, whichever
Prior to alN3mval of the final ma,o a de13osit shall be posted wit~ the Cit~ cov,~ri_.r,r,ng Re
estimated cost of aplx)rtionirlg the a~sessmenll undM'/~s~e~ment Oi~trtct~::)% ~ I
among the newly created
4 Etiwanda/San Sevaine Area Regional Mainline, Seconda/y Regional, and Master Plan
Drainage Fees shall be paid ~ to final map alX)mval or pdor to 13uildlng IXnT~ issuance if
no map is involved.
/ /
5. Permits shall be ol3tained from the folowing eglncill fof wod( wtthin their rigN-ol-way: / /
6. A signed OonMn[ and walv~ fMm to join and/or form the Law Enlomiment Comn'unlty
Fa(31itie~ ~ shMI be fib(I with the CIly EnginN~ IX~ to Itnai n~o alX)mvai or the
isSuafl~ M ~lid~ p~1111~, ~41iCl't~vaf o~ClJf~ fkTt. FOflIl~i(N1 oOst$ Shail be bef!l~ ~ the
Develol~.
Prior to finaiizatlon of an~ devele~3ment p~se, suffi~em iml~ovemen113~n~ ~ be corn-
Dieted beyoncl the phase 13oun~e~ to amore ~ ~ a~l drainage 1~3tectmn to
the sateaction of the C#y Engineer. Pl~ae Ix~m:laM~ ~l~all ¢e~e~3en¢l fo lot lines shown
.on the ap13mved tentalive real3.
2/91
12 of 13
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW FOR
TRACTS NO. 15594 AND 15595, A MODIFICATION TO TRACT 13717
TO REDUCE THE NUMBER OF UNITS FROM 394 TO 377, TO
REORIENT BUILDINGS, AND TO REDESIGN THE RECREATION
BUILDINGS AND AMENITY PACKAGE FOR A CONDOMINIUM PROJECT
IN THE MEDIUM HIGH RESIDENTIAL DESIGNATION (14-24
DWELLING UNITS PER ACRE) OF THE TERRA VISTA PLANNED
COMMUNITY, LOCATED AT THE NORTHEAST CORNER OF CHURCH
STREET AND SPRUCE AVENUE, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN~ 1077-791-01 THROUGH 09 AND 1077-801-01
THROUGH 11.
A. Recitals.
1. Lewis Homes has filed an application for the Design Review of
Tracts No. 15594 and 15595 as described in the title of this Resolution.
Hereinafter, the subject Design Review request is referred to as "the
application."
2. On November 10, 1993, the Planning Commission of the City of
Rancho Cucamonga held a meeting to consider the application.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced meeting on November 10, 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 FOR TT 15594 & 15595 - LEWIS HOMES
November 10, 1993
Page 2
3. Based upon the findings and conclusions set forth in paragraphs 1
and 2 above, this Commission hereby approves the application subject to each
and every condition set forth below and in the Standard Conditions, attached
hereto and incorporated herein by this reference.
Plannino Division
1)
All applicable conditions of Tentative Tract
13717, as contained in Resolution No. 90-19, and
the Design Review for Tentative Tract 13717, as
contained in Resolutions No. 90-20 and 90-20A,
shall apply.
2)
The minor inconsistencies between the floor
plans, landscape plans, and elevations shall be
resolved to the satisfaction of the City Planner
prior to building permit issuance.
3)
The accent tile colors shall be muted or painted
accents shall be provided that are integrated
with the color scheme of the project. The final
treatment and color shall be approved by the City
Planner prior to building permit issuance.
4)
A specimen tree shall be provided within the
Spruce entry landscape island. The variety shall
be approved by the City Planner prior to building
permit issuance. The tree shall be maintained
(i.e., pruned) to meet fire access requirements.
4. The Secretary to this Commission shall certify the adoption of
this Resolution.
APPROVED AND ADOPTED THIS lOTH DAY OF NOVEMBER 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, pasaed, and adopted by the Planning Co~mission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 10th day of November 1993, by the following vote-to-wit:
PLARNING COMMISSION RESOLUTION NO.
DR FOR TT 15594 & 15595 - LEWIS HOMES
November 10, 1993
Page 3
AYES=
NOES=
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT #: _~? .x.~.~' x~'/--x~-~--~.,~' ~/~
SU~ECT: ~ ~'
APPLICANT: ~/~ ~/~
LOCATION:
~ose items ch~ ~e ~ of ~v~.
APPLICANT SHALL CONTACT THE PLANNING DNISION, (714) 9~-1~61, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Llmltl ~
v/ 1. Approval shall expire, unless extended by the Planning Commission, if building permits are / /
not issued or approved use has not commenced within 24 ,T,O,';;',~ from the date of approval.
2. neveiopment/Design Review Shell be approved prior to / I __/ /
3. Approval of Tentative Tract No. is granted sul~act to the aplxoval of ~ /
SC. 2/9 1
4. The deveioper shall commence, participate in, and consummate or cause to be commenced.
participated in, or consummated, a Mitfo-Roo~ Corn~lJn#y Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a fire station to serve the divsk3~,~l:d. The ~tllion NlIII be iotated, deligned, and built to
all specifications of the Flanci~ Cuclmongl Fire Protection O~trtct, taxi ~all become the
District's property upon compiatfon. The equipment sitall be selected by the District in
accordance with its naed~. In any building of a station, the developer shall comply with all
applicable laws and regulations. The CFD shell be formed I~/the Disatct and Me developer
by the time racorclation of the final map _~'~__~m.
Prior to recordation of the final map or the issuance of building permits, whichever comes
first. the applicant sha# consent to, or perti~s in, the eatat341ehment of a Mello-Roos
Community Facilities Dtst~ct for the construction and maintenance of necessary school
facilities. However, if any scttcot district Ilas ~eviously established suO! s Community
Facilities District, the spent sl~ait, in the Mirastirs, con~ent to the annexation of the
project site into the territory of such existing District pzfor to the mcoMation of the final map
or tl~e issuance of bulk:ling pem~its, v~Ichevor comes first. Further, if the aftacted aclx)ol
district has not ton'ned a Melfo-Rco8 Community Facit#le~ District wilttin twelve months from
the date of approval of the project and p~or to the racordation of the finaJ map or issuance
of bulk:ling pertmrs for said project, this condition sl~all be deemed null and vo~l.
__/ /
/ /__
1'his co~itlon shall be waived if the City receives notice that the applicant and all affected
school districts have entered into an agreement to privately accommoclate any and all sci'x)ol
impacts as'a result of this project.
Prior tO i'~o!~latlon of the final map or prior to issuance of building permits when no map is
involved, written certification from the affected water c#strtct that abe~ate sewer ancl water
facilities are or will be available to sewa the 13ro13osed Pmieot shall be su13mitted to the
Department of Community Deveiopmant. Such letter must have been ~sued I~y the water
district within 90 clays prior to final map approval In the case of sulxJivision or prior to issuance
of permits in the case of all other rasiclentlal projects.
B. Site Development
v/ 1. The site shall be developed and maintained in accordance w~ the approved plans which
include site plans, architectural elevations, exterior mata~lala and colore, landscaping, sign
program, and grading on file in the Planning Division, the concl#ions 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. Oc-~-~-~panoyofthefaci~itysha~n~tcommenceunti~such~imeasal~nif~rmBui~dingc~deand ._./ /
State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall
be sulotnitted to the Rancho Cucamonga Fire Prataction District and the Building ~ Safety
Division to show com~lance. The building ~ be inspected for compliance prior to
4. Revised site plans and buitcling elevations ir~x)q3orstlng all Cond#ions of Apl:m:wal shall be ___/ /
sul~mitted for City Planner review and approval prior to issuance of building permits.
All site, grading, landecal:~, irrigation, and street iml:m:wement plans shall be coordinated for ---/ /
consistency prior to issuance of any permits (such as grading, tree removal, enomachment,
building, stc.), or 131or to final map approval in the case of a custom lot subdivision, or
approved use has commenced, whichever comes first.
6. Approval of this request she# not waive compliance with all sectlorn of the Oevelopment / /
Code, all other ~ppl,c"-is Clly Ordinance, and -rl:l~:-'-Ii Commun#y Plans or Specific
Plans in effect st the time of Building Pem~l tMuance.
7. A detailed on-site lighting ~ shall he reviewed and al:~:~oved by the City Planner and / /
Shertlt's ~ (989-~611) prior to the issuance of building perrrds. Such plan shall
indicate stl~, illumthafi~, location, heigN, and method of shielding so as not to adversely
affect adlacem pmeenlas.
8. If no centralized trash racelXactes are provided, alltrash plck-AO shall be for individual units __/ /
w,th all reoelXaCleS shielded from publ~ view.
9. Trash receptacle(s) are required and ~ meal City standatoM. The final design, locations, -~/ /
and me numar of trash rac xac shaft be sul:~ect to Cily Planner review and approval
prior to issuance of building pe~nits.
2/91
__ 10. All ground-mounted utility ap;urtenances Suc~ as transformers, AC condenserS, etc., shall
be located out of public view and adequately screened through the use of a combination ot
concrete or masonry wallS, harming, and/or land~ to the satisfaction of the City
P'anna'. ?
11. Street names shall 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 building num13ere and individual units shall be identified in a clear and concise manner,
including prol~r illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and
weed control, in _aox,__rclance with City Mentor Trail drawings, shall be submitted for City
Planner review and al~roval prk)r to aPlxoval and recordatfon of the Final Tract Map and prior
1:o ap~'oval of street improvement and grading plans. Developer shall upgrade and construct
;all trails, including fencing and drainage devices, in conjunction with street im13rovements.
14. The Covenants, Conditions and Restrictions (CC&Rs) shell not prohibit the keeping of equine
animelSwhere zoning requirements forthe keeping of .alcl animals heve been met. Individual
lot owners in subdlvleions shall have the option of kee!=~ said animals without the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC&Rs.
~-4~"npi~uo~ Dtu~: / D
/ /
/ /
.__/ /
15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of InCOfT)oration of the
Homeowners' Association are subject to the al::)l~Val of the Planning and Engineering
Divisions and the City Afromay. They shell be recorded concun'ently with the Final Map or
prior to the issuance of building permits, whichever _oco_jrs first. A recorded copy shell be
provided to the City Engineer.
16. All parkways, open areas, and landscaping shell be permanently maintained bylhe pro~erty
owner, homeowners' association, or other means aooeptabla to the City. Pmo! of this
landsoape maintenance shell be sutx'nitted for City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements sheit be cledic, aled for the purpose of assuming that each lot or
(~welling unit shall have the rignt fo racine sunllg~ acrose edlanent lots or units for use of
a solar energy system. The easements may be comained in a Declaration of Restrictions for
the subdivision which sl~11 be reco~ed concurrendy witlt the recordation of the final map or
issuance of permits, whichevar comes first. The easements strait Ixohibil the casting of
sl~edows by vegetation, structures, fixtufas or any otl~r obieof, excolX for utlay wires and
similar of 3jects, pursuant to Deveiolxnent Code Section 17.08.060-G-2.
18. The project contalna a designated HistortcaJ Larldml~. The si~ shall be develot:xKI and
maintained in accordance with the Historic Landmagi Alteration Permit No.
. .Any further modifications to the site including, 13ut not limited to, extehor alterations and/or
inte~r aiteratio~s which affect the extariorof the bulk:lings or structures, removal of landmark
trees, demolition, relocalio~, reCx~struction of buildings or stfuofurse, or changes to the site,
shall require a modfficaliotl to the HistOriC Lal~mark Alteration Parffdt subject to Historic
Prase~vstion Commission review and
C. Building Design
,/
SC. 2/91
1. An alternative energy system is required to provide riomastic hot water for all dwelling units
and for heating any s~'~,,.,~ng IX)of or apa. untsel other alternative energy systems are
demonstrated to be of equivalent ca13aclty and efficiency. All swimming IX3Ois instalMd at the
time of initial deveio13mem shall be SUlXXemented wi~ solar healing. Detalia shell be
included in the building plans and Shell be Sulx'nitted for C~/Pl,llnn~' reviaw and alN3roval
prior to the issuance of building permits.
2. All dwellings shall have the from, side and rear elevations u13graded with architectural
treatment, detailing and increased delineation of su~laco treatment su~ect to City Planner
review and approval prior to issuance of building permits.
/ /
.._/ /
/ /_
/ /
3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for
City Planner and Building Official review and a~proval pdor to issuance of buiioing permits.
All roof a~:xJrianances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound Ix,ffered 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 includecl in building plans.
O. Perking aml Vehicular Acce~ (Indicate detalia on bulkling plane)
v/ 1. All I:~!u'king lot landscape islands shall have a minimum outside dimension of 6 feet and shall
o:)ntain a 12-inch walk adjacent to the parking stall (including cue).
J 2.
Textured paclestrlan pathways and textured pavement across circulation aisles shall be
provided throughout the development to connect dwellings/units/buildings with o~en spaces/
plazas/recreational uses.
v/ 3. All parking ~eoss shall be double striped per City stanclan~ and all driveway aisles,
entrances, and exits shall be striped per City standards.
._/ /
4. Alii units shall be provided with garage door openera it driveways are less than 18 feet in
delXh lrom back of siclewalk.
o
The Covenants, Conditions and Restrictions shall restdct the storage of recreational vehicles
on this site unless they are the principal source of tranal~ortation for the owner and prohibit
parking on interior circulation aisles olher than in designated visitor pa~ng areas.
Plans for any securl~ gates shall be submitted for the C~ Planner, City Engineer, and
Rancho Cucamonga Fire Protection Distrlc~ review and alXmWal prior to issuance of building
permits.
E. Landscaping (for pul:)llcly malntathod iandeCalXJ m, row to betion N.)
A detailed landscape and irrigation plan, including slope planting and model home landscap-
ing in the case of residential deveiol~nanl, Shall I~ ~ by a liceneed lancisca~
arch#ect and sul~nltted lor Clly Ptann~ review and a~oval pdor to the iesuance of building
permits or prior final nl~ ;ipGxoval in the Ca~ of a cu~om Io~ sutxliviMon.
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~:isting trees required to be IXesewed in place ~ bo i~otected with · construction perrier
in accomancew#h the Munio#~alCode Section 19.0~.110, aml so no~ed onthegrading plans.
shall bo shownoff the deta#ed landecal~e plans. The ~ shall folow ait of the aroorisrs
Am',~imumof .5'D tree~pergrossacre,coml=mecloftheloliowingsizes, shalll~eprovlded
within the project: ff % - 48- inch box or larger, 5' % - 36- inch box or larger,
~ % - 24- inch box or larger, ~' % - 1S-gallon, and -~' % - $ gallon.
4. A minimum of .% ol trees planted within the IXOjeCt shall bo specimen size trees -
24-inch box Or la~er.
W'~hin parking lois, trees shall I~ planted at a rate of one 15-gelion tree ~or every three
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
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SC - 2/91
Trees shall be planted in areas of public view adjacent to and along structures at a rate o! one
tree per 30 linear feet of building.
All private slope banks 5 feet or less in vertical height and of 5:1 or greater slope, but less than
2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for
erosion control. Slope planting required by this section sitall include a permanent irrigation
system to be installed by the developer prior to occupancy.
All private slopes in excess of $ feet, but less than 8 feet in vertical height and of 2:1 or greater
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger
size shrub per each 100 sq. It. of slope area, and al~rol:Xlate 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 io soften and vary slope plane. SIOI~ planting required by this
section shall include a permanent irrigation system to be installed by the developer prior to
For single family residential develdpment, all slope planting and ir~gation shell be continu-
ously maintained in a healthy and thfivirlg oondition by the developer until e~ch individual unit
is sold and occupied by the buyer. Prior to reMasing occul;N!ncy for thole uMs, an inspection
=shall be conducted by the Planning Division to determine that they are in setislactory
10. For multi-family residential and non-residential development, proparty ownera are respon-
sibla for the continual maintenance of all landacaped areas on-site, as well as contiguous
planted areas within the public right-of-way. All landecaped areas shall be kefX free from
weeds and debdl and malntain~l in a hestlhy ~ thrNing condition, ~ shah receive
regular pruning, fertilizing, mowing, and trimming. Arty (tamaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
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· Front yard landeca~ng 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 pedmetar parkways, wails, ~ng, and $1dewail~ shall be
i~x:lucled in the requimcl ~ ~ ~ shall be ~ to City Planner review and
alXXOval anclcoordinatecllor~on~en~withan~pa~vay iamla;~ringl~anwhich may be
required by the Engineering Division.
13. Special landscape featurtl such a~ mounding, alluvial rock, specimen size trees, meander-
ing sidewalks {with hortzmXal c~), and inllnlitild Imxllc"l~ng, is required along
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14. Landscaping and trdgation q~tem~ requirad to be instail~l wlhin the ~ righl-of..way on
the perimeter of tffil projam area sMll be continuously maintainad ~ tM daveloper.
v/ 15. All walis shallbe pmvidadwithdacorettvetmatment. ~located in pubic maintenance areas,
the dasign sill, be coorclinatl<t with the Engineering Oivi~.
16. Tree maintenance criteria shall be davelol:)ed And suited for Ci~ Planner review and
approval I~or to issuance of bulkling permill. These criteria $MII eftoutage the natural
growth cfiaracleristics of the lelect~l tree sl:~clas.
v/ 17. Landscaping and irrigation s~all be dasign~ to consewe water tNough the princil~s of
Xeriscape as defined in Chal~er 19.16 of the Rancfio Cucamonga Mun'~il:ml Code.
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F. Slgne
'The signs indicated on the submitted plans are concel~ualonly and not a part of this approval.
Any signs proposed for this development shell comply with the Sign Ordinance and shell
require separate application and approval by the Planning Division prior to installation of any
Signs.
2. A Uniform Sign Program for this development shall be submitted for City Planner review and
approval prior to issuance of building permits.
Direcfo~/monument sign(s) shall be provided for apartment, condominium, or townix)roes
prior to occupancy and shall require separate app4icatlon and approval by the Planning
Division prior to issuance of building permits.
G. Environmental
The developer shell provide each prospective buyer written notice of the Fourth Street Roct<
Crusher project in a standard format as determined by the City Planner, pdor to accepling a
cash deposit on any property.
'rl~e developer shall provide each pmapective buyer written notice of the City AdolXed
Special Studies Zone for the Red Hill Fault, in a starxlard format as determined by tl~ City
Planner, Fior to accepling a castt deposit o~ any property.
The developer shall provide each pmapective buyer written notice of the Foodill Freeway
project in a standam format as determined by the City Planner, prior to aCCelXing a cash
depo~ on any pro~rty.
4. A filial acoustical report shall be sutxnitted for Cily Panner review and approval prior to the
issuance of building permits. The final report shal clim3uas the level of Interior noise
attenuation to below 45 CNEL, the building materials argl construction techniques provided,
arid if a13giropdate, verify the I:leqlJa~'y of ~ mitigation mlasureL The buildbig plans will be
checked for conformance ~ the mitigation measures contained in the final report.
H. Other Agencl.
'/ 1. Emergency esconda~y access shall be pm~,-ldm:t in acgxm:lance with Rancho Cucamonga Fire
Protection District SlmldardL
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Emergency access stallbe provided, maintenance !res and clear, a minimum of 26 feet wide
at all times during constn~ion in accordance wdh Ranttin Cucamonga Fire Protection
District requirements.
Prior to issuance of building permits for combustible ~ormmctk)n, evidence shall be
submitted to ~ Rancho Cucamonga Fire Proleclion DistrOt that tempetory water supply for
fire proteclim~ is avaita~ie, pending complatlon of rlquirld fire protection system.
The alX)lk:am shal contact me U.S. Poatal SMvtce fo dMenT~Ine tha alxxol:~lato type and
kx:ation of ITIJl boxes. Muli-flmlty resMntilJ cl~ei(X~n~ts shall provide. esild Mrhaed
stnJcture for mail boxes with adequMo li~ing. The/inaJ iocatldn of the iTtall boxes and the
design of the overhead stnJcture shal be ~ to ¢it~ PIInnar review and aplxoval pdor
to the issuance of building pem~its.
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SC - 2/9l
__ 5. For projects using sefXiC tank facilities, written certification of acceplabil~/, including all
supportive information, shall be obtained from the San Bernardino County Department of
Environmental Health and submitted to the Building Official prior to the issuance of Septic
Tenk Permits, and prior to issuance of bui,ldi~g, p?pe_.~.
APPUCANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, C/'14) 989-1863, FOR
COMPUANCE ~ THE FOLLOWING CONDITIONS:
I. Site Develo~
i. The a~3ticant shall cornply with the lilleSt adopted Uniform Building Code, Uniform Mecheni-
cal Code, Uniform Plurr~ng Code, National Electric Code, and all other appllc, al~ codes,
ordinances, and regulations in effect at the time of issuance of relative perrrdts. Please
contact the BuilcJing and Safety Division for copies of the Code Aclo~ion Ordinance and
applicable handouts.
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~/ 2. Pdor to issuance of buik:ling permits for a new residential o~welling unit(s) or major eddition ---//
1~o existing unit(s), the applicant shall pay development fees at the estat)#shed rate. Such lees
may include, but are not limited to: City BeeutJfication Fee, Park Fee, Drainage Fee, Systems
Oevelopment Fee, Permit and Plan Chec~ Fees, and School Fees.
3. Prior to i~uence of building permits for a new comm~rc~l or Induatdal cleveiopment or / /
acidilion to an existing cisveiopment, the applicant shait p~/clevelopment feee at the
established rate. Such fees may include, IxJt ~re not lint'ted to: Systeml Developn~nt Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
v/' 4. S~reeladc~ressesshal~bepr~vldedbytheBuilding~cla~altertract/parcalmaprecorc~ati~n ~ /
and Imor to issuance of 13uildlng perm~.
J. Existing ~tn~-tur~
1. Provide compliance with the Uniform Building Code for the property line clearances --J /
cone~edng use, area, and fire-msistivene~ of ex~ing buildings.
2. Existing 13uilding~ s1~11 be rrt~e to coml~ w#h corr~:;t I=uilding ~cl zoning regu~tions for / /-
the intenclacl use or the I=uik:ling ~ be (Mmo#shecl.
3. -Existing sewage disDOSes I=~cfiitles $1~11 be removed, fllMd ~nd/or capped to comply with the/ /
Uniform Plumping Co(M argl Uniform Building Code.
4. Undeqiround on-Me uUl~ies am to be located and shown o~ I=uikJing plans su13mittec~ for .~/ /
13uilding permit appk~ation..
K. Grldlng
v/ 1.
SC - 2/91
Grading of the subiecl property shoji be in --~,von:lance w#h the Uniform Building Code, City
Grading St~ndm'dl, and Io~ed grading pra(:W~t The linll grading pLin shall be in
A soils report Shill be prepared by a quailfiod of~nem' ~ by the Stale of Calilomla to
proform such work.
3. The claveiopmem is iocated wi!Nn the soil erosion conlrol boun(~tes; a Soil Disturbance /
Pit'm# i~ rl~lir~l. Pla~ ~o1~ ~ ~ Coul~y I~ of Agficulurl st (714)
387-2111 for permit applcation. Docum~mtionof auctt pem~il sl~11 be sul~nitt~ to the C~/
prior to the i~uance o! rough gracling parent.
4. A geological report shall be prepared by a qua#lled englneer or geoiog~ and sulxnitt~ at
the time of application for grading plan check.
5. The final gracling plans shall be completed and appmve¢l prior to issuance of 13uilding permit s
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6. As a custom-lo! subdivision, the following requirements shall be met:
Surety shall be posted and an agreemere executed guaranteeing con'~ieticn of all on-site
drainage facilitle~ necessary for dewatering all parcels to the satmacOn of the Bulidlng
and Safety Division prlor to tirlal map approval and I~or to the issuance of grading permits.
b. Appropriate easements for safe disposal of drainage water that are conclucted onto
or over adjacem parcels, are to be delineated and recorded to the satisfaction of the
Buiidlng and Safely Division prior to issuance of grading artcI building permits.
c. On-site drainage improvements, necessary for ciewatedng and protecting the subdivided
properlies, are to be installed prior to issuance of building permits for construction upon
any parcel that may be subject to drainage flows entering, leaving, or within a parcel
relative to which a building permit is requested.
d.
Final grading plans for each parcel are to be submitted to the Building and Safety
Division for approval prior to issuance of building ams grading permits. (This may be on an
incremental or cof113osite basis.)
ED. All SlOpe bant<s in excess Of 5 feet in vertical height shall be seeded with native grasses
or planted with ground cover for erosion control upon completicn of grading or some other
aSternaive method of erosion control shall be completed to the satlslaction of the Building
Official. In eddition a permanent irrigation system shall be pmvtcled. This requirement
cioes not release the applicant/developer from compliance with the slope planting
requirements of Section 17.08.040 1 of the Development Code.
C.~nc, l¢o.o~ Da~z:
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APPUCANT SHALL CONTACT THE ENGINEERING DNISION, (714) 9~8-1~62, FOR COMPLIANCE
WITH THE FOLLOWING CONDmON$:
~.. Dedication =n~l Vehlcul. r Acc#~
1. Rights-of-way and easements shell be dedicated to the City for all intertot Ix~lic streets, . / .
community trails, public paeeQS, public landscape areal, street trees, and ~ drainage
facilities as shown on the I~ anal/or Ioniafive map. I:Mvafl easements for non-public
facilities (c,~,ss-lot drainage, local fee~lm' trails, etc,) ~ be reel~ as shown on the plans
anWor tentmive map.
2. Dedication shall be made of the following rigNs-of-way on the perimeter streets ---/
(measured trom street centedlne):
tolal feet on
tofll feet on
tofal feet on
total feet on
3. An irrevocable offer of ~lm:lication for /
· for all I~lVafe streets or drives.
4. Non.vel~icular access shall be deolcated to ~ City for the following areeta: ._J ..
-foot wiOe roactway easement ~ be macle
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sc- 2/9l
5. Recipn:~al access easements shell be pmvk:l~ ensuring a(~,ees to all parcels by CC&Rs
or by deeels and shall be recomed concurmrS/with the map or pdor to the issuance Of