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HomeMy WebLinkAbout1993/12/21 - Agenda Packet 0 1977 CITY OF RANCHO CUCAMONGA PLANNING COMMISSION . ENIM TUESDAY DECEMBER 21, 1993 5:00 P.M. RANCHO CUCAMONGA CXVIC CENTER COUNCXL CHAMBER X0500 CIVIC CENTER DRIVE RANCHO CUC/~MONGA, CALXFORNIA XXX. XV. Pledge of Allegiance Roll Call Commissioner Barker Commissioner Lumpp Commissioner McNiel Commissioner Melcher Commissioner Tolstoy Announcements Approval of Minutes November 23, 1993 December 8, 1993 V. Public Hearings The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. Ae CONDITIONAL USE PERMIT 93-48 - SANAM - A request to sell distilled spirits in addition to beer and wine within an existing convenience market of 2,400 square feet within the Community Commercial District (Subarea 3) of the Foothill Boulevard Specific Plan, located at the northeast corner of Foothill Boulevard and Hermosa Avenue - APN: 1077-601-09. VII. CONDITIONAL USE PERMIT 93-43 - MARTINEZ - A request to establish a chiropractor office within an existing office complex in the General Industrial Designation (Subarea 4) of the Industrial Area Specific Plan, located on the east side of Archibald Avenue, south of 6th Street - APN: 210-071-63 and 64. VI. Director's Reports Ce THE CONSIDERATION OF A REOUEST FROM A HOMEOWNER TO AMEND THE NON-CONFORMING SECTION OF THE DEVELOPMENT CODE - MESSINA Be GENERAL PLAN HOUSING ELEMENT UPDATE - CITY OF RANCHO CUCAMONGA - Proposed scope of work and master project schedule. 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 &djour-ment 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 .~. CITY HALL CITY OF RANCHO CUCAMONGA DATE: TO: FROM:: BY: SUBJECT: CITY OF RANCHO CUCAMONGA December 21, 1993 Chairman and Members of the Planning Commission STAFF REPORT Brad Buller, City Planner Steve Hayes, Associate Planner CONDITIONAL USE PERMIT 93-48 - SANAN - A request to sell distilled spirits in addition to beer and wine within an existing convenience market of 2,400 square feet within the Comunity Co~nercial District (S~barea 3) of the Foothill Boulevard Specific Plan, located at the northeast corner of Foothill Boulevard and Hermosa Avenue - APN: 1077-601-09. PROJECT AND SITE DESCRIPTION: Site Characteristics: The site is currently improved with a 2,400 square foot convenience market, a motel, a vacant restaurant and paved parking areas for these uses. ANALYSIS: General: The applicant is proposing to add the sale of hard liquor to their business activities at the Shop N' Go convenience market at li01~0 Foothill Boulevard. The distilled spirits will be displayed behind the cashier counter and will only be accessible to the cashier and retrieved upon request of the customer. No other aspects of the current business activities are proposed to change with this application; the hours of operation and number of employees will remain the same. Please refer to the applicant's letter (Exhibit "A") for more information about t~e request. Background: With adoption of the Foothill Boulevard Specific Plan, liquor stores became conditionally permitted within the Co-~unity Co~nercial Development District. The purpose of this designation was to assure that any businesses selling distilled spirits would not negatively impact the residential areas in close proximity to Foothill Boulevard or other sensitive uses. Activities such as loitering, public drunkeness, and an increase in crime may be associated with the sale of hard alcohol. Therefore, the Conditional Use Permit acted as a means to control the n%unber and location of liquor stores along Foothill Boulevard and would only be allowed if site specific constraints were not evident. Land Use Compatibility: In analyzing the proposed Conditional Use Permit, the primary issue to consider in this situation is the compatibility of t~e proposal with nearby residential development and other uses. Currently, the motel on the same parcel rents roems on a daily or monthly I'1']/"4 A PLANNING COMMISSION STAFF REPORT CUP 93-48 - SANAM December 21, 1993 Page 2 basis and all other existing residential development is separated from the site by vacant land or major streets. Therefore, no permanent residents of the area should be directly affected by loitering or other issues that were envisioned with the addition of hard liquor sales. As noted earlier, the general business function of the convenience market will not change with this proposal. The sale of hard liquor will only be an ancillary function of the convenience store, and differs from the typical liquor store where the sale of liquor is the primary function. The convenience store is already selling beer and wine. Staff has recently verified that no complaints have been received regarding the business activities at this location since the new management took over approximately one year ago. Therefore, staff does not anticipate any negative impacts associated with the sale of spirits for off-site consumption at this location. ]?ire District: The Rancho Cucamonga Fire Protection District reviewed the conceptual floor plan and feels that no additional upgrades will be required to allow the sale of hard liquor as shown on the floor plan. Sheriff's Department: The Rancho Cucamonga Sheriff's Department has reviewed this request and found that no correlation exists between the sale of distilled spirits and an increase in activities such as loitering or crime. (The activities are typically connected with the sale of more accessible alcoholic products, such as beer and wine, which are already sold at this store and is permitted by the Foothill Boulevard Specific Plan.) Therefore, the Sheriff's Department feels the addition of the sales of hard liquor will not create a significant impact at this location and may be approved by the Commission. RECOMMENDATION: Staff recommends approval of Conditional Use Permit 93-48 through adoption of the attached Resolution of Approval with Conditions. Respectfully submitted, Brad Buller City Planner BB:SH:mlg Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Site Utilization Exhibit "C" - Site Plan Exhibit "D" - Floor Plan Resolution of Approval of Conditions Nowmbe~ 16, 1993 City of Rancho Cu~monga Comm~mi~ Dewlo~ent Department 10500 Civic Center Drive Rancho Cucamonga, CA. 91730 Reference: CUP for Shop-N-0o Market The Shop-N-Go market located at 10110 Foothill Boulevard, Ranch Cucamon~o, CA. 91730 is request a CUP in accordance with county pl~nninE requirements. The store had been operatin~ as a Circle K sto~e but was closed and new tenants have slaxted operatin~ a convinces store selling beer & wine, class 20, along with other grocery item.~ and necessities. The tenshis are in the process of purchasin8 a distilled spirit licence, class 21, and would like to up!~ie the license. The ope~tio~ will ~rnnin the same. Hours of operation are from 6 AM to 12:00 PM Monday thur Saturday, 7 AM to 11 PM ~ Sunday. The store is smff-ed by two people during the rush hours and durinE the slower hour~ by only one employee. Adequate off street parldn~ is available for employees o. ud paltons. I! is therefor respectfully requested thst our business be allowed the CUP in order that we rrmy sell hard liquor at ~hi~ location. STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL DIAGRAM OF PROPERTY ON WHICH LICENSED PREMISES ARE LOCATED Albert Sbnam & Ruth Ann Ddurghali 1~1 1N Fnnthi11 ~lvd , C,c.mmnnCm, CA. q17~0 1 Of~ Snle General The diagram below is a I=ue and correct description of the property owned or otherwise controlled by me/us on which the licensed premises described on Form ABC-t57 are located, and showing tho location of said premises on the property. ~ DIAGRAM: MOTEL 6 SHOP & GO MARKET PARKING 183' ' .FOQTHILL BLVD. . It is hereby declared that the almve-aescn~'a property is owned or otherwise controlled by me/us and it is agreed axxl understood that the only area therein in which alcoholic beverages will' sold, ~n, ed, cmummed, possessed or stored is that portion designated above and on Form ABC-IB7 as the~mmisesfechre under penalty of perjury that the foregoing is tr~e and mrrect Date' 11/12/93 _ph~.ABC Riverside Office DEPARTMENT use only. InlpeCte~ o~: Certified correct: STA:TE OF CALIFORNIA DE.*.TM~.T OF *LCO.OL,C.EV~.~GE CO.T.O.DIAGILAM OF LICENSED PREMISES Albert Sahara & R11th Ann Dnnr~,h~l~ 10110 Foothill Blvd., Cucomon~a, CA 91730 21 8ff Sale The D*b~,~,-~u ~1~ ~ a ~ ~ ~ -~~ Of ~ ~, ~, ~ rolls ~ ~ ~ DIAGRAm: Storeroom Coffee/Soft RM ~.__ 10' X 30' 10 Door cooler Beer, Wine, Soft Drinks Dairy Drink foultain o Sales Floor Gondolas & Shelving - 60' - FOOTHILL BLVD. Date: £ a~.~.m DEPARTMENT use only. ~ ~,-~-7-~ Inspect;~ Certified correct:-- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF R~-NCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-48, A REQUEST TO SELL DISTILLED SPIRITS IN ADDITION TO BEER AND WINE WITHIN AN EXISTING CONVENIENCE STORE OF 2,400 SQUARE FEET IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3} OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-601-09. A. Recitals. 1. Albert Sanam has filed an application for the issuance of Conditional Use Permit No. 93-48, 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 21st day of December 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 December 21, 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 Foothill Boulevard and Hermosa Avenue with a street frontage of 134 feet and lot depth of 219 feet and is presently improved with a convenience market, motel, vacant restaurant, and curb and gutter along Foothill Boulevard and Hermosa Avenue; and b. The property to the north of the subject site is vacant, the property to the south consists of a restaurant, the property to the east is vacant, and the property to the west is developed with multiple family residential units; and PLANNING COMMISSION RESOLUTION NO. CUP 93-48 - SANAM December 21, 1993 Page 2 c. The applicant is proposing to modify their existing Alcoholic Beverage Control License to include the sale of distilled spirits in addition to their existing beer and wine license. The sale of hard liquor requires approval of a Conditional Use Permit in the Community Commercial District of the Foothill Boulevard specific Plan~ and d. All other business activities will remain unchanged including hours of operation, number of employees, etc. 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 and Foothill Boulevard Specific Plan. 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: Plannina Division 1) Approval is granted for the addition of the sale of distilled spirits at this location. Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan and all other City ordinances. 3~ If operation of the facility causes adverse effects upon adjacent residential development or the shopping center, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. PLANNING COMMISSION RESOLUTION NO. CUP 93-48 - SANAM December 21, 1993 Page 3 4) The use shall be limited to the current hours of operation (6 a.m. to 12 p.m. Monday through Saturday and 7 a.m. to 11 p.m. on Sunday) and maximum number of employees on any one shift (two). Any proposed changes to these hours shall require a modification to this application. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 21ST DAY OF DECEMBER 1993. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Bullet, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 21st day of December 1993, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS= ABSENT: COMMISSIONERS: DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT December 21, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, Associate Planner CONDITIONAL USE PERMIT 93-43 - MARTINEZ - A request to establish a chiropractor office within an existing office complex in the General Industrial Designation (Subarea 4) of the Industrial Area Specific Plan, located on the east side of Archibald Avenue, south of 6th Street - APN: 210-071-63 and 64. PROJECT AND SITE DESCRIPTION A. Site Characteristics: The site is presently developed with an office complex, more co~nonly known as the "Archicenter." B. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Medical 950 1 space/ 4.8 5 200 sq. ft. Office 25,042 1 space/ 100.2 100 250 sq. ft. Multi-Tenant 30,260 1 space/ 75.7 76 400 sq. ft. Warehouse 4,950 1 space/ 5.0 5 1,000 sq. ft. TOTAL 61,202 185.7 186 ANALYSIS: General: 'the applicant is proposing to establish a chiropractic practice within an office complex. The use will consist of a waiting area, office, two treatment rooms, and storage area. 'The hours of operation will be Monday through Friday from 9 a.m. to 6 p.m. and Saturday from 9 a.m. to 12 noon. The maximum number of employees at the facility will be three. While being located within the General Industrial designation, the Archicenter was designed and constructed to meet the needs of both office and industrial users. The western portion of the site is an office park setting with buildings located within landscaped areas and parking around the perimeter. The eastern portion of the complex is designed more as a ITek4 B PLANNING COMMISSION STAFF REPORT CUP 93-43 - MARTINEZ December 21, 1993 Page 2 multi-tenant industrial park with the units containing small office areas and roll-up doors to access the warehouse/manufacturing areas of the units. Because of the complex design, the uses have been segregated based on the building functions. The western portion, where the chiropractor's .office is proposed, is almost entirely devoted to office uses. In that the chiropractor's office generates no noise, odor, or vibration, the use is compatible with the existing uses. Likewise, existing office users do not produce impacts that will adversely impact the chiropractor's office. Be 'Technical Review Committee: The Building and Safety Division has reviewed the plans and determined that the proposed use will not pose any unique conditions raising special concerns (i.e., assembly uses). The applicant will, however, be required to submit plans for plan check for any tenant improvements to ensure compliance with the Uniform Building Code. A copy of the coments are attached for review (see Exhibit "D"). At the time of this report's preparation, comments had not been received from the Fire Department. Staff will update the Con~ission on any concerns raised by the Fire Department at the public hearing. 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 Co~mission approve Conditional Use Permit 93-43 through adoption of the attached Resolution. Respect~m~ly submitted, Bra~--Buller City Planner BB:SM/jfs Attachments: Exhibit "A" - Location Plan Exhibit "B" - Site Plan Exhibit "C" - Floor Plan Exhibit "D" - Building & Safety Division Coments Resolution of Approval FOURTH ST f Ill/fill lllllllllIl~ llllllllllllli]llll' L~ L Jllillllllllll~ "Ill IIII [I Illll if" PROPOSED FLOOR PLAN Treatment Room Treatment Room Office Area Waiting Area 9375 Archibald Ave., Suite 111 Rancho cucamonga, CA 91730 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 93-43, A REQUEST TO ESTABLISH A CHIROPRACTIC OFFICE WITHIN AN EXISTING OFFICE COMPLEX IN THE GENERAL INDUSTRIAL DESIGNATION (SUBAREA 4) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED ON THE EAST SID~ OF ARCHIBALD AVENUE, SOUTH OF 6TH STREET (9375 ARCHIBALD AVENUE, SUITE 111), AND MAKING FINDINGS IN SUPPORT THEREOF - APN= 210- 071-63 AND 64. A. Recitals. 1. Sharon Martinez has filed an application for the issuance of Conditional Use Permit No. 93-43 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 21st day of December 1993, the Planning Commaission 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 December 21, 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 9375 Archibald Avenue, Suite 111, which is presently developed with an office complex~ and b. The property to the north of the subject site is designated for industrial uses end is developed with an electrical substation, the properties to the south and east are designated for industrial uses and are developed with industrial buildings, and the property to the west is designated for industrial uses and developed with a single family residence; and c. The establishment of a chiropractic office is consistent with the General Industrial designations of the Industrial Area Specific Plan and the General Plan; and PLANNING COMMISSION RESOLUTION NO. CUP 93-43 - MARTINEZ December 21, 1993 Page 2 d. The application, together 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 proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the isite 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 Co-~.ission, 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. S. Based upon the findings and conclusions set forth in paragraphs 1, 2,, 3, and 4 above, this Com~ission 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) 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 C~maission for consideration and possible termination of the UBe. 2) Any signs proposed for the~ facility shall be designed in conformance with the Uniform Sign Program for the Archicenter and the Comprehensive Sign Ordinance and shall require review and approval by the Planning Division prior to installation. 3) The ai~licant shall obtain and maintain a valid Business License. PLANNING COMMISSION RESOLUTION NO. CUP 93-43 - MARTINEZ December 21, 1993 Page 3 6. The Secretary to this Co~£ss£on shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 21ST DAY OF DECEMBER 1993. PLANNING COMMISSION OF THE CITY OF P~NCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST~ Brad Bullet, Secretary I, Brad Bullet, Secretary of the Planning Con~n£ssion 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 21st day of December 1993, by the following vote-to-wit= AYES :: COMMISSIONERS: NOES :: COMMISSIONERS: ABSENT: COMMISSIONERS: DEPARTMENT OF COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DNISION, (714) g8~.1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Urnlie Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 monthe from the clate of approval. Development/Design Review shall be al:~'oved prior to I I Ap13roval of Tentative Tract No. is granted sul~ect to the aplxOval of ._./ / J / The developer shell commence, participate in, and consummate or cause to be commenced, participated in, or consummated, a Melio-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to Ilnan~ construction anct/or maintenance of a fire station to serve the deveiol:iment. The station ~haJl be iotated, clasignad, and built to all specifications of the Rancho Cucamon~ Fire Protoction District, and ~all become the District's property upon col/Iplatfon. The equipment shall be selected by the District in _ac~c_~_ rdance with its needs. In any building of a station, the developer 8hall comply with all applicable laws and regulations. The CFD shell be formed by the District and the developer by the time recordation of the final map Prior to recordation of the final map or the issuance of building permits, whichever comes first, the applicant shell consent to, or partioil~te in, the establishment of a Mello-Roos Community Facilities District lot the construction and maintenance of necessar/school facilities. However, if any school district has previously established suctt a Community Facilities District, the applicant shell, in the alternative, ce~sent to the annexation of the project site into the terrifor/of such existing DistriCt prior to the recordation of the final map or the issuance of building permits, whichever comes lirst. Further, if the affected school district has not formed a Melio-Roo$ Community Facilities District within twelve months from the date of approval of the project and pdor to the re(x~lation of the final map or issuance of building permits for said pm~ct, this condition shall be deemed null and void. This condition shall be waivnd if the City receives notice that the apt31icant and all affected schcol districts heve entered into an agreement to privately ace_ _ommodate 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 t3y the water district within 90 clays prior to final map approval in the case of sulx:livleion or prior to issuance of porrnits in the case of all other rasldential projects. B. Site Development ,/ ,/ o The site shall he deveiopacl and maintained in a-~,~rdance with the approved plans which include site plans, architectural elevations, exterior materials and colore, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and Spacffic Plan and Planned Community. Prior to any use of the proiact site or business activity being commenced thereon, all Conditions of Approval shall he completed to the satisfaction of the City Planner. Occupancy of the facility shell not commence until such time as all Unitotto Building Code and State Fire Marshalrs regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Rre Protection District and the Building and Setety Division to show compliance. The building shall be inspected for con*1311anoe prior to Revised site plans and building elevations incofi3orating all Conditions of Approval shall be ~dbmitted for City Planner review ~ ap!xoval prior to issuance of building permits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any parmits (such as grading, tree removal, encroachment, building, etc.), or prior to final map aptxoval in the case of a custom lot subdivision, or al:~3roved use has commem:~KI, whichever comes Aplxoval of this request shall not waive compliance with all sections of the Development Code, all omor al~pf!ctt)le Cily O~clinancee, And arplt:-'-Is Commun#y Plato or Specific A detailed on~ite ligNing ~ shell be reviewed an(I ~ved I)y the C.,#y Planner and Sheriff's Department (989-~11) p~or to the issuance of building permits. Such plan shall indicate slyla, illumination, location, heigN, and method of shielding su as not to adversely 8. If no centralized tra~ reCelXacies are provided, all trash pick-up shell be for individual units with all racetXaclee shlald~l from public view. o Trash receptacle(s) are required and shall meet City stancla~. The final design, locations, and me number of trash raceptaclee shell be su131act to C.,ty Planner review and aplxOval prior to issuance of building permits. 10. All ground-mounted utility a13Pu~tenances such as trans~orme~s, AC cofxlensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masons/walls, barming, and/or landscaping to ~e satisfaction of the City Planner. / / .__/ / / / / / / / / / / /_ APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR COMPUANCE WITH THE FOLLOWING CONDITIONS: I. Site Development i. The a13plicant shell cornply with the latest adopted Uniform Building Code, Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicat3la 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 applicat34e handouts. / / 2. Prior to issuance of building permits for a new resUentlal dwelling unit(s) or major addition ---/ / to existing unit(s), the a13plicant shall pay developmeN fees at the established rate. Such fees may include, but are not limited to: City Beautilication Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fees. 3. Prior to issuance of building permits for a new commorclal or industrial development or ~ / addition to an existing development, the al~ioant shall pay deveioprnent lees at the estat)lished rate. Such fees may include, but are not limited to: Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Street addressas shell be provided by the Building Official, after tract/parcel real3 recordation and prior to issuance of building permits. / / J. Exlsllng Structur~ 1. Provide compliance with the Uniform Building Code for the proparty line clearances / / considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shell pe made to comply with correct building and zoning regulations for ---/ / the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shall be removed, filled and/or ~ to comply with the .--/ / Uniform Plumping Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans sul=mitted for ._/ / building permit application. K. Gr~llng 1. Grading of the ~ I~ shait be in aixx)n:tanc~ with the Uniform Building Code, City Grading Standan~, are atedied grading ~l. The final greding plan shall be in subetan~ melormance wilh the aelxo~ grading plan. 2. A soils rel~ft shall be prepared by a qualified engineer licensed by the State of California to perform such wo~. 3. The development is located within the soil erosion control bounclmtes; a Soil Distuft)ance Permit is required. Please conlact San Bentrhino County Del~rfme~ of Agriculture at (714) 387-2111 for permit al~tlon. Documentation of such permit shall be submitted to the City prior fo the issuance of rough grading peruill. 4. A geological reporf shall be prepared by a qualified englneer or geolog~ are submitted at the time of a,oplication for grading plan chick. 5. Thefirmlgreding plans shall becornpletedare appmvedprlorfo issuanceof buildingpermits. / / / DATE: TO: FROM:: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT December 21, 1993 Chairman and Members of the Planning CoK~nission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner THE CONSIDERATION OF A REQUEST FROM A HOMEOWNER TO NON-CONFORMING SECTION OF THE DEVELOPMENT CODE - MESSINA AMEND THE BACKGROUND: At the meeting of November 23, 1993, the Co~nission received public comment from Mr. Gordon Scott who requested an amendment to the Development Code to allow for the re-establishment of a non-conforming use. The Commission then directed staff to schedule this issue for their discussion at ~is meeting. Mr. Scott, a mortgage broker, represents Mr. Luis Messina who owns the properties located on the south side of 8th Street, just east of Hellman Avenue as shown in Exhibit "A." The properties contain four single family units. According to Mr. Scott, the property owner resides in one house and the other three houses are rental units. The properties are within Subarea 3 of the Industrial Area Specific Plan (ISP) and zoned General Industrial. The property owner is requesting the amendment because he has had difficulty in obtaining refinancing of the properties because of the non-conforming status of t31e single family use. ANALYSIS: ae Purpose of Non-Conforming Codes: Non-conformities are those structures or uses that are prohibited under the terms of the zoning ordinance but were existing at the date of the ordinance's enactment. The General Plan and Industrial Area Specific Plan establish long-range plans and goals to .guide the development and growth of the City. The City also recognizes that some of the properties, for example residential uses in comercial or industrial zoning, may not be ready for the highest and ultimate use. l~gulations are then set up to allow those properties, uses, or structures not in compliance with the long-range plans to remain as long as they are in existence. Expansion, modification, or intensification of the non- conforming use is not allowed, except for routine maintenance of the properties and structures. The regulation also allows for the reconstruction of structures if the ~amage does not exceed 50 percent of the building evaluation. Reconstruction of structures and re- establishment of non-conforming uses are not allowed if the damage exceeds 50 percent of the building's evaluation. The purpose of these regulations is to limit the number and extent of non-conforming uses in the City. IT~ C PLANNING COMMISSION STAFF REPORT NON-CONFORMING SECT. OF DEV. CODE. December 21, 1993 Page 2 Be Merits of the Proposed Codes: As stated above, Mr. Scott's request is to add regulations that allow the re-construction of structures which have damages that exceed 50 percent of the building evaluation. Staff believes that this change would take away an important zoning tool for ensuring development consistent with the long-range goals of the adopted General Plan and the Industrial Area Specific Plan. This could result in the continuation of land use conflicts. Staff is sympathetic to the property owner's desire to take advantage of the low mortgage interest rate in the present economy. However, codes should only be changed if they are obsolete or if they benefit the entire community. Codes should not be changed to remedy investment decisions. The property owner has not submitted any documentation from lending institutions regarding inability to refinance because of the non-conforming status. The City of Rancho Cucamonga's regulations for non-conformities are representative of those being applied throughout California. RECOmmENDATION: Staff does not recommend any changes in the non-conforming section of the Development Code. However, should the Planning Co~nission find merit in the applicant's request, the Con~nission can initiate the amendment by minute action. Upon receipt of the required fee ($2,866), staff will begin the review and processing of the proposed amendment. Respectfully submitted, /BradBulle~ City Planner BB:NF/jfs Attachments: Draft Planning Commission Minutes dated November 23, 1993 Exhibit "A" - Location Map and Existing Land Uses Exhibit "B" - Subarea 3 Land Use Map Exhibit "C" - Non-Conforming Use Section of the Development Code Exhibit "D" - Topographical Map NOES= AESP.r= patterns have been utilized. She thought is is a nice touch to utili elements from the stadium. She understood Commissioner Melcher's conc ns regarding the former forest of columns inside the structure. She sugr~ sted the supporting structure may be fine tuned so that it doesn't appea~ to be floating on the columns. Chairman McNiel asked for clarification on the design of the sh~. ~ overhang. Mr. Gomez stated they were proposing an open trellis. Commissioner Melcher asked if the smaller structures ~il be as configured on Page F-4. Mr. Gomez responded affirmatively. commissioner Chitiee expressed concerns a~ ~t wind, particularly on the north side of the track. She felt the trei~ /will create wind. She thought the "train track" trellis was interesting ' dt feared it might look too "cute" and increase the problem of rain dropping;-~ff the slats. Chairman McNiel felt the entire _~kage is exciting. He said he was concerned about Santa Ana ~inds as w~ as winds from trains passing through. He suggested the structures be ~signed so they could be easily retrofitted to be enclosed. He supported ~' - design even though he felt it is not particularly representative of Ranch. ~uc~monga. Motion: Moved by e' &~iea, seconded by Vallette, that the concept presented be forwarded to the /~ty Council with the Planning Commission's support and that the Council . 'hsider the comments addressed in the minutes with a recommendati~_ '%hat the wind factors be considered. Motion carried by the following v AYES= COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, VALLETTE COMMISSIONERS = NONE COMMISSIONERS: TOLSTOY -carried PUBLIC COMMENTS Gordon Scott, 8341 8th Street, Rancho Cuc~monga, introduced Luis and Hattie Msssine and said they own a non-conforming residence within Subarea 3 of the Industrial Area Specific Plan. He commented that if non-conforming structures are more than 50 percent by fire, they cannot be rebuilt. He requested that the Code be amended so that non-conforming homes within Subarea 3 could be rebuilt. Chai~man McNiel suggested that Mr. Scott meet with the Planning Division to process a plan amendment. Planning Commission Minutes -7- November 23, 1993 Brad Bullet, City Planner, stated that Mr. Scott had spoken with staff. He observed that the issue is not uncommon and has surfaced when people attempt to refinance their properties. He affirmed that the Development Code does not allow rebuilding of non-conforming structures when more than 50 percent of the structure has been destroyed. He suggested that the applicant write out his concerns and indicate what action they would like taken and stated staff would then bring that to the Planning Commission. He stated that the Planning Commission or City Council must initiate all amendments to the Development Code and, if initiated, the applicant would pay the required fees to process the amendment. Commissioner Melcher asked if it would be possible to consider the impact on the entire subarea as a City initiated amendment. Mr. Bullet confirmed that could be done but noted that the provision exiBts throughout the entire City affecting residential and commercial structures, not just this subarea of the Industrial Area Specific Plan. He requested that staff have 30 days to prepare a report to indicate the issues involved. Chairman McNiel agreed that would be wise. He understood the applicant's difficulty with refinancing but observed that the City is zoned for what will develop in the future. Mr. Scott observed that the applicant's three children live in the other units on the property. He suggested that the Code could be re-enacted when the structures are sold and asked that the Code be amended to allow current residents to rebuild to 100 percent. Me stated they would like action within two weeks so that his clients could refinance as quickly as possible. Chai=man McNiel agreed that the City would consider the matter as soon as possible, but stated that two weeks was an unrealistic time frame. Commissioner Melcher suggested trying another lender. Mr. Bullet etated that staff could bring the matter back to the Planning Commission to see if the Commission would support such an amendment. He stated that it would take at least three to four months to process the matter because of required advertising, and the necessary first and second readings of proposed changes to codes. Mr. Scott replied that would be satisfactory if that is what is required. Mr. Bullet stated staff would do a brief analysis and bring the matter back to the Planning Commission. He said the Commission would also have to decide if the City should initiate the amendment at City cost or if the applicant should bear the cost. COMMISSION BUSINESS Planning Commission Minutes -8- November 23, 1993 Por. I i Par.~ Per. 5 2.74 ,&C. 2.75 AC. 2. ~,A~c~r~3 '1' 'Par. ~ Par. 4 ~ 9.98 ItC. C EXHIBIT: 4~ SCALE: A FIG. IV-5 $~BA~EA 8 cm CI'I~ ..... · ., ... ~.~%~.;I. .. OF '..~CH.O::':..~ UCAMONGA PL~J~m~O':.~ .~":r~s~o~ Noise sources associated with the maintenance of real property provi~led said activities take place between the hours of 8 a.m. and 8 p.m./off any day except Sunday, or between the hours of 9 a.m. and 8 p.m. on Sunday. 7. Any activity to the extent regulation thereof has been preempted by State or Federal law. F. Schools, Churches, Libraries, Health Care Institutions--SDeeial Provisions. It sbml] be unlawful for any person to ereate any noise which causes the noise level at any school, hospital or similar health eare ~institution, church, or library while the same is in use, to exceed the noise standards specified in this Section and prescribed for the n~igned noise zone in which the school, hospital, church or library is located. /' G. Administration. Any~/et creating or permitting the creation of a noise disturbenee as defin/ed by this Code, not otherwise excluded by the preceding section of this C~, shall constitute a violation of this Code and shall be abated as such. // , H. Prima ~ Violation. Any noise exceeding the noise level standards for a ~e e~t.ed noise zone as specified in this Section sh~ll be deemed to be prima dance _~ violation of the provisions of this Section. Section 17.02.130 -/~' No!l-Co~foemi,mg Uses & Struetlires A. PJ..~_~_E~- This section is intended to limit the number and extent of non- conforming uses by regulating their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of non-conforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Code. B. Continuation and Maintenance e A use lawfully occupying a structure or a site, that does not conform with the use reg~,lRtions or the site area regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued, except as otherwise limited in this Section. A structure, lawfully occupying a site, that does not conform with the standards for front yard, side yards, rear yard, height, coverage, distances between structures, and parking facilities for the district in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained, except as limited provided in this Section. P~utine maintenance and repairs may be performed on a non-conforming use or structure. -1]- Section 17.02.130 C. Alterations and additions to Non-Conforming Uses and Structures DJ No non-conforming use sh~11 be enlarged or extended in such a way as to occupy any part of the structure or site or any other structure or site which it did not occupy at the time it became a non-conforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this Section. No non-conforming structure sl~11 be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yards, rear yard, height of structures, distances between structures and parking facilities as prescribed in the regulations for the district in which the structure is located. Discontinuation of Non-Conforming Use. Whenever a non-conforming use has been changed to a conforming use or has been discontinued for a continuous period of 180 days or more, the non-conforming use shall not be reestablished, and the use of the structure or site thereafter sb, l! be in conformity w{th the regulations for the allstrict in which it is located, provided that this section sh-U not apply to non-conforming dwelling units. Discontinuation shall include termination of a use regardless of intent to resume the use. Change of Non-Conforming Use. The Planning Commission may consider and approve, or conditionR!ly approve, a request to change a non-conforming use to a different non-conforming use, provided that 1) there is no new structure, 9.) said use is not of greater intensity (eg, traffic, noise, density, parking demand, odor, light), and 3) said use complies with the provisions of Section 17.02.130C2, subject to a Conditional Use Permit as specified in Section 17.04.030. F. Restoration of a Damaged Structure 1. Whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures and parking facilities as prescribed in the regulations for the clistriet in which the structure is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by act of God, or by the public .enemy to the extent of 50 percent or less, the structure may be restored and the non- conforming use may be resumed, provided tha re to~tart~ w_.ith_.in~ one year end diligently p,,esu.ed to eoml~l..etion.lWhen th d&se true~n L~lb~d~-~ ~een~ or tfi~ structure Is vo~untarxly razed or is eqr tar' ed by law to be ~ razed, the structure s~!! not be restored except i fn ull oe nformity with the ~ reg,,1Rtions for the distriet in which it is located and the no -en onforming use / T. he--~ent oe f damage or partial destruction shall be based upon the ratio of the, estimated cost of restoring the structure to its condition prior to such damage or partial destruetion to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official and sh~ll be based on the minimum cost of construction in compliance with the Buildin~ Code. ~ec~lon I~.OZ.i~U He City Planner. Any request for alteration, expansion or restoration of a non-conforming use or structure sb~ll be reviewed by the City Planner to determine compliance with the provisions contained in this section, or refer it to the Planning Commission as specified in Section 17.02.130-G. The City Planner shall notify the applicant and surrounding property owners of the decision. The decision of the City Planner may be appealed by any aggrieved party within ten (10) calendar days of the decision. Planning Commission Review. The Planning Commission shall conduct a public hearing pursuant to Section 17.02.110. The Planning Commission shall review each case and Rll matters of fact. The Commission may grant the request, grant the request with modification, or deny the request. The Commission shall state that the request will or will not be detrimental to the goRl~ and objectives of the General Plan and that such request will or will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. X ~ X 10~6.7 CITY OF :..:~CH..O.:::.,CUCAMONGA PLANNING.. ;'D' ~SION 0 X EXHIBIT: p SCALE: DATE: TO: FROM: BY: SUBJ~:CT: CITY OF RANCHO CUCAMONGA STAFF REPORT December 21, 1993 Chairman and Members of the Planning Commission Brad Buller, City Planner Miki Bratt, Associate Planner GENERAL PLAN HOUSING ELEMENT UPDATE - CITY OF RANCHO CUCAMONGA - Proposed scope of work and master project schedule. BACKGROUND AND ANALYSIS: State law requires that the Housing Element of the General Plan be updated every five years to incorporate the most recent demographic information, housing trends, and changes in State law. The original Housing Element was approved with the General Plan in April 1981. It was updated in 1984 and in 1989. According to the original Housing Element legislation the next update is due July 1, 1994. A Housing Element (HE) approved by the State Department of Housing and Urban Development (HCD) is required as a condition of eligibility for special federal housing grants, such as federal HOME funds. The City's HE was in compliance until August 16, 1993. On that date HCD notified the City that the HE was no longer in compliance, because it had not been amended to include subsequent State legislation, specifically a Units-at- Risk Study (UARS). The UARS, like the HE, must be updated every five years. Further, State legislation has adopted legislation requiring redevelopment agencies to complete a plan for the production of their affordable housing requirement. HCD has notified the Redevelopment Agency that the Housing Production Plan (HPP) must be adopted by December 31, 1994. The HPP also must be updated every five years. Subsequently. the City was notified that the mandated HE update deadline has been extended by special legislation to July l, 1996. However, because of the mandated HPP and UARS amendments to the HE and their deadlines, it is timely to ~) forward with the 1994 update of the HE. Thereby, the five-year updated cycles for each program will be coordinated. Scope-of-Work: A Scope-of-Work has been prepared for a 1994 update of the HE, (see attached). It includes incorporation of the 1990 census demographic information and housing trends. It also includes incorporation of the mandated HPP and UARS amendments to the HE. ITS~ D PLANNING COMMISSION STAFF REPORT GENERAL PLAN HOUSING - CITY OF RC December 21, 1993 Page 2 Master Project Schedule: A Master Project Schedule has also been prepared (see attached). The HE update will be prepared by Planning staff. The work program will take approximately one-year to complete from the beginning research phase through City Council adoption. If the research phase begins in January 1994, City Council action would be anticipated in December 1994. In Allgust 1994, the draft HE would be scheduled to circulate for public review and comment. The HE would then be scheduled for Planning Commission review and recommendation in September 1994. Next, the draft must be forwarded to the State Department of Housing and Community Development for review and comment. If substantial changes are required by HCD, the revised draft would come back to the Planning Con~aission for review and recommendation. If only minor changes are needed, the draft HE would be forwarded directly to the City Council. No major changes are anticipated in goals, objectives, and policies of the existing HE. A copy of the current Housing Element has been forwarded to you under separate cover. Copies of the current Housing Element and the Technical Appendix are also available in the Planning Department. RECOMMENDATION: Staff recommends that the Planning Co~ission review and comment on the attached Scope-of-Work and the Master Project Schedule. Upon direction from the Planning Commission, staff will proceed with the update of the Ho~%sing Element as outlined in this staff report. Respectfully submitted, City Planner BB:MB:mlg Attachments: Exhibit "A" - Scope-of-Work Exhibit "B" - Master Project Schedule SCOPE-OF-WORK The 1994 Housing Element (HE) update will include new sections in response to new State legislation, as well as revision of existing sections to reflect demographic changes. New Contents: The HE update will incorporate policies and objectives resulting from changes in State law. Specifically, State law now requires preparation of a study of units restricted to low income households which are at-risk of converting to market rate units, i.e., a Units-at-Risk Study (UAaS). State law also requires redevelopment agencies to prepare a production plan for the percentage of restricted low income housing which must be provided within redevelopment areas, i.e., a Housing Production Plan (HPP). Accordingly, a Units-at-Risk Study (UARS) and a Housing Production Plan (HPP) will be completed concurrently with the update of the Housing Element. The UARS and HPP will also be circulated for public review and comment concurrently with the HE. As required by law the UARS and the HPP will be consistent with the HE as updated. In other words new policies, objectives, and programs will be incorporated from the UARS and the HPP into the HE. The HE must also be consistent with the federal Community Housing Affordability Strategy (CHAS). A five-year and a one-year CHAS will be adopted in 1993. The 1994 HE update will be consistent with the CHAS. Existing Contents: The existing HE is based on the 1980 census. The 1990 census provides the most recent demographic data for use in the HE. This means that every exhibit and table must be revised, as well as the text of the technical appendix and the text of the Housing Element. The existing HE is consistent with State law through December 1990. The overall goal of State housing policy is to provide "the early attainment of decent housing and a suitable living environment for every California family." The overall objective of State housing policy is to identify adequate sites for housing and "make adequate provisions for the existing and projected needs of all economic segments of the community." Consistent with State Guidelines the existing HE includes the four sections as follows: An assessment of housing needs and :an inventory of resources and constraints to meet those needs. A statement of the community's goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing. 3. A program which sets forth a five-year action plan to implement the policies and to achieve the stated goals and objectives. A review of the actual results of the previous HE's goals, objectives, policies, and programs. These sections will be revised to reflect the 1990 census to set forth to a new five-year Action Plan; to review actual results of HE's goals, objectives, policies, and programs; and to be consistent with the HPP and the UARS.