Loading...
HomeMy WebLinkAbout2001/11/14 - Agenda PacketCITY OF RANCHO CUCAMONGA '- PLANNING COMMISSION AGENDA WEDNESDAY NOVEMBER 14, 2001 7:00 PM Rancho Cucamonga Civic Center Council Chamber 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Roll Call Chairman McNiel _ Vice Chairman Maaas Corn Mannerino _ Com Stewart _ Com Tolstoy II. ANNOUNCEMENTS III. APPROVAL OF MINUTES October 24, 2001 IV. PUBLIC HEARINGS The following items are public hearings in which concerned ind~v~duals may voce their opinion of the related pro/ect Please wart to be recogn¢ed by the Chairman and address the Comm~ss~on by stabng your name and address All such opinions shall be limited to 5 minutes per ind~wdual for each pro/ect Please sign in after speaking A MODIFICATION TO CONDITIONAL USE PERMIT 97-23 - LAKEES (TWINS SPORTS BAR AND GRILL) - A request to allow service to patrons 18 years and older for an existing restaurant with sports bar and gall, including entertainment, danang, amusement devices, and on site consumption of alcoholic beverages, m the Community Commercial District (Subarea 3), located at 10134 Foothill Boulevard - APN 1077-601-07 Related File Entertainment Permit 00-02 (Continued from October 10, 2001) B ENTERTAINMENT PERMIT 00-02 - LAKEES (TWINS SPORTS BAR AND GRILL) - A request to renew an entertainment permit to allow, disc jockey music, dancing, satellite television, and amusement devises (pool tables, dart boards), and allow service to patrons less than 21 years of age in conjunction with a bar and restaurant in the Community Commercal Distract (Subarea 3), located at 10134 Foothill Boulevard -APN 1077-601-07 Related file Conditional Use Permit 97-23 (Continued from October 10, 2001) C ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00345 -THE GARDENS, LLC - A request to construct a 20,318 square foot reception hall and banquet faality with on-site consumption of beer and wine (Type 47) in conjunction with an existing wedding chapel on 9 7 acres of land in the Mixed Use Distract of the Etiwanda Specific Plan, located at 7576 Etiwanda Avenue - APN 227-171-10 and 11 Related Files Use Determination 00-01, Conditional Use Permit 00-35 D CONDITIONAL USE PERMIT (DRC2001-00335) - ARTURO FLORES- A request to establish a retail liquor store within an existing 4,320 square foot building on 48 acre of land in the Community Commercial District (Subarea 2), located at 8939 Foothill Boulevard -APN 208-192-07 Related files Variance DRC2001- 00612and Public Convenience or Necessity DRC2001-00628 E VARIANCE (DRC2001-00612) - ARTURO FLORES - A request to reduce the required parking setback along Foothill Boulevard from 50 feet to 40 feet fora retail liquor store in the Community Commercial District (Subarea 2), located at 8939 Foothill Boulevard - APN 208-192-07 Related files Conditional Use Permit DRC2001- 00335 and Public Convenience or Necessity DRC2001-00628 F VARIANCE DRC2001-00494 - MILLIKEN POINT - A request to reduce the building and landscape setback along Milliken Avenue from 45 feet to 37 feet, in Area 8 of the Empire Lakes Subarea 18 Specific Plan, located on the northwest corner of 5th Street and Milliken Avenue -APN 210-082-61 Related file DRC2001- 00493 G VARIANCE DRC2001-00623 -FRENCH - A request to reduce the interior side yard setback from the required 10 feet to 5 feet 9 inches for a single family hillside home in the Very Low Residential District (up to 2 dwelling units per acre), that is currently under construction, located at 5198 Paddock Place -APN 1074-561-21 Related file DRC2001-00049 V. PUBLIC COMMENTS This ~s the hme 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 Page 2 VI. COMMISSION BUSINESS H DESIGN AWARDS -Oral report VII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11 00 p m ad/oumment bme If items go beyond that time, they shall be heard only with the consent of the Comm~ss~on THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING IN THE RAINS ROOM TO DISCUSS PRE-APPLICATION REVIEW DRC2001-00641- NET DEVELOPMENT CO. I, Gad Sanchez, Planning Comm~ss~on Secretary of the Cdy of Rancho Cucamonga, or my designee, hereby certdy that a true, accurate copy of the foregoing agenda was posted on November 8, 2001, at least 72 hours poor to the meeting per Government Code Section 54964 2 at 10500 C~wc Center Dnve, Rancho Cucamonga Page 3 Vicinity Map Planning Commission November 14, 2001 G Hill: Bai D Item H: Design Awards City of Rancho Cucamonga CITY HALL 'Nilson (0 ~ Y ~ ~ ~ •- U = ~ ~ Q NOVEMBER 14, 2001 PLANNING COMMISSION AGENDA INDEX ITEM NO ITEM TITLE PAGES Agenda 2 - 5 A_g Modification to Conditional Use Permit 97-23 Entertainment Permit 00-02 6-8 C Conditional Use Permit DRC2001-00345 9 - 67 D - E Conditional Use Permit DRC2001-00335 Vanance DRC2001-00612 68 - 90 F Vanance DRC2001-00494 91 -99 G Vanance DRC2001-00623 100 - 114 O F RANCHO C U C A M O N G A Staff Report DATE November 14, 2001 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Brent Le Count, AICP, Assoaate Planner SUBJECT MODIFICATION TO CONDITIONAL USE PERMIT 97-23 - LAKEES (TWINS SPORTS BAR AND GRILL) - A request to allow service to patrons 18 years and older for an existing restaurant with sports bar and gnll including entertainment, danang, amusement devices, and on-site consumption of alcoholic beverages, in the Commurnty Commeraal Distnct (Subarea 3), located at 10134 Foothill Boulevard -APN 1077-601-07 Related file Entertainment Permit 00-02 ENTERTAINMENT PERMIT 00-02 - LAKEES (TWINS SPORTS BAR AND GRILL) - A request to renew an entertainment permit to allow, disc tockey music, danang, satellite television, and amusement devices (pool tables, dart boards), and allow service to patrons less than 21 years of age in conjunction with a bar and restaurant in the Community Commeraal Distnct (Subarea 3), located at 10134 Foothill Boulevard -APN 1077-601-07 Related file Conditional Use Permit 97-23 BACKGROUND On October 10, 2001, the Planning Commission continued the public heanng on these items to allow time for the applicant to address concerns related to overflow parking Since that time, the Police Department has issued revised comments on the project, and recommends that the operation not be allowed to serve patrons younger than 21 years old The applicant has requested a continuance of the public heanng to November 28, 2001, to allow them suffiaent time to meet with the Police Department on this matter and to complete the parking analysis requested at the October 10th meeting RECOMMENDATION Staff recommends that the Planning Commission continue the public heanng for modification of Conditional Use Permit 97-23 and renewal of Entertainment Permit 00-02 to November 28, 2001, per the applicant's request Respe tly sub i ed Brad er City Planner Attachments Exhibit "A" -Applicant's Continuance Request Exhibit "B" - Memo from Police Chief dated October 16, 2001 ITEMS A & B ntutivtu >>- i- ~, ~i max, eue err moo ~+ n wuawunur ww ucv, rc 11/86/2001 17.58 909-944-6563 TWINS CLUB PAGE 02 To• Planning Department Attu Brent Re• Request for Comtnuarlce Brent, We would like to request a continuance of our upcozntng meeting with the planning commission If you have any questions or concerns please feel free to contact us Sincerely, Robbie & Eddie Twins Cl u ~~ .. „ iH ~ b. -~ k Q ~ • RANCHO CUCAMONGA S~r~01'f DATE: October 16, 2001 TO: BRAD BULLER, CITY PLANNER CITY OF RANCHO CUCAMONGA FROM: PETE ORTIZ, CHIEF OF POLICE RANCHO CUCAMONGA POLICE DEPARTMENT SUBJECT: TWINS NIGHTCLUB OCT I9 COCq~0~G,4 rFp A `9~N~NG Thank you for informing me of the Planning Commission's hearing of October 10, 2001, regarding the use request for the Twins Night Club. As you know, I have recently been . appointed Chief of Police of the Rancho Cucamonga Police Department. It was brought to my attention that the Rancho Cucamonga Police Department recently submitted a memorandum to you, recommending that the Twins Night Club be allowed to service patrons eighteen-years-of-age and older on Tuesday and Thursday nights. After consulting with my Lieutenants and reviewing the history of the Twins Night Club, it is going to be my recommendation that we not allow Twins Night Club to operate with the intent of serving alcohol to patrons twenty-one-years-of-age and older with eighteen- to twenty-one-year-old patrons in the establishment. It is my belief that there is no definitive way that Twins, even with the security plan, can say with unegwvocal certainty that there wdl be no underage dunking. Additionally, I am also concerned with underage dunking and dnwng, particularly if the genesis happens to be of the Twins Night Club Lastly, contained within the Twins Night Club proposal, they indicate that they intend to use the parking lot located at the B.C. Cafe, in addition to a dirt field located northwest of the Twins Night Club My concern as it relates to the dirt parking lot is that there is not adequate lighting to ensure the safety of the patrons Regarding parking in the B C Cafe parking lot, this would cause patrons to cross the street, knowing that in many instances, they would not safely do so using the crosswalks. For all the reasons stated above, I do not support nor recommend that the Twins Night Club be allowed to operate as they propose, nor do I believe they should be extended a thirty-day "teal penod" in which their activities could be observed. Most importantly, the Lakkees have demonstrated nothing in their proposal that would suggest to me that they can guarantee there would be no in the Night Club. ~g~ "~~~ underage drinking ~ ~- ~ 3 c/rY~FR gy~,yo • T H E C I T Y O F RANCHO CUCAMONGA Staff Report DATE November 14, 2001 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Kart A Coury, Associate Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00345 - THE GARDENS - A request to construct a 20,318 square foot reception hall and banquet faality with on-site consumption of beer and wine (Type 47) in conjunction with an existing wedding chapel on 9 7 acres of land in the Mixed Use Distnct of the Etiwanda Specific Plan, located at 7576 Etiwanda Avenue - APN 227-171-10 and 11 Related files. Use Determination 00-01, Conditional Use Permit 00-35 PROJECT AND SITE DESCRIPTION A Surrounding Land Use and Zonino North - Single-Family Residential, Low-Medium Residential (4-8 dwelling units per acre) South - Mixed Use (Retail) East - Single-Family Residential, Low-Medwm Residential (4-8 dwelling units per acre) West - Mixed Use (Retail) B General Plan Desionations North - Mixed Use South - Mixed Use East - Low-Medwm Residential (4-8 dwelling units per acre) West - Mixed Use C Site Charactenstics This is the site of the former Buddhist Temple The site is generally flat with a slight slope to the south The lot is currently occupied by an existing chapel facility at the front (western) portion of the site The remainder of the site is undeveloped with native trees and grasses present The site is surrounded with residential land to the north, east and west, and mixed uses to the south Immediate properties north, west, and south of the subject site are vacanUundeveloped The portion of the site proposed for development is located outside the Etiwanda Avenue Overlay Distnct Access to the site will be through an existing dnve approach on Etiwanda Avenue (Exhibit "B") ANALYSIS • General The existing site includes three buildings (chapel, office, and garage) totaling 9,561 square feet, as well as a gazebo structure and an on-site decorative pond The existing chapel portion of the site is fully landscaped with mature trees and shrubs, and is developed with a paved parking lot The chapel will be ITEM C PLANNING COMMISSION STAFF REPORT DRC2001-00345 -THE GARDENS NOVEMBER 14, 2001 Page 2 occupied only when a wedding ceremony is occumng, with guests then moving on to the proposed banquet facility Maximum occupancy will occur when all banquet rooms are filled, the kitchen and offices are active, and the chapel is empty The proposed building consists of a 20,318 square foot reception hall and banquet facility The proposed banquet facility budding and parking will be built on the central and eastern portion of the lot On-site amenities will include a rose garden, an arbor, a garden wedding area, and a colored patterned concrete plaza area with tree wells and planters (Exhibit "C"). Finish matenals for the budding extenor include split-face and single score concrete block, painted wood rafter tads, columns and beams, trellis and rock/stone wainscot treatment, and a concrete file roof (Exhibit "D") A Design Review Committee The Design Review Committee (Larry McNiel, Pam Stewart, Nancy Fong) reviewed the project at their October 2, 2001, meeting (Exhibit "E") The Committee recommended approval of the protect and requested the applicant work with the developer of the property to the south for future residential development to avoid any potential double wall situations B. Grading and Technical Committees• The Grading and Technical Committees reviewed the protect on October 2, and 3, 2001, respectively, and recommended approval with conditions C Environmental Assessment The applicant has completed Part I of the Initial Study Staff has completed Part II of the Initial Study (Exhibit "F")and the Environmental Checklist Staff determined that the protect could have a sign~cent adverse environmental impact on short-term air quality dunng site preparation, such as grading and equipment exhaust Mitigation measures will be required to reduce the short-term air quality to a less than significant impact If the Commission concurs, then issuance of a Mitigated Negative Declaration would be in order CORRESPONDENCE This item was advertised as a public heanng in the Inland Vallev Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the protect site RECOMMENDATION. Staff recommends the Planning Commission approve Conditional Use Permit DRC2001-00345 through the adoption of the attached Resolution of Approval with Conditions Respecttu submitte , Brad utter City Planner BB KC/1c Attachments Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" - Landscape Plan Exhibit "D" - Elevations Exhibit "E" - Design Review Committee Minutes, dated October 2, 2001 Exhibit "F" - Initial Study Resolution of Approval with Conditions C~ ~- DRC2001-00345 s "THE GARDENS" ~~ ~~ LOCATION MAP I/ .~. 0 480 960 Feet ~ ~ ~ 9 ~ N + • o ¢ I ~ a W a ~ I I o ~ `j' .^.. ` t ~ ~ ! 5 D Sy`° F Z T V 1 ~ 8 ~ ; y w Q (%~ I II! ~ !! [FF e J I ~ ~~ / 1 I E CI € f ~ i i n 13 ~ ! f r ~ p t ~~ % ~ ~ ~ ~ ! 6 ~ .. 1 ~ i I{il i i *~ ~ ~! Et9 ~.. r ~ ~ y,a `,~h-, e ` ~ " n '~".?"~~"' `~;~ o s . ' is a = + + ii i~ ` .pp . !r~ • ^ ^ ~ ii ! _ W ~ LJ LJ ~ j LJ l ~_ V _ ~ L~~ ) i 1 ~ ; ~ ~ a.C ~ 1=~ I J YL. ~ J LJ L ~I`Y41@YVLL`~'Ir ___ ~C~ 'i ~ TL' l ll Jl J I I '~I ~ : • ~ ___ > , ` e ~ _ r';e-~ L_J ~ • ~_ _J~ ~___ _ __ [] .. a .. ~j ti ~~ ~~ • • ... , n ~_____~~____~._______ ~ f p C7 $ m t7 ii ~Ij ! 7 ~ ~n L----"- - 9 `""' ~ LL1u r____i ~__ _ ~_____ w r~ ii r~ ii r~ i 6 y ~ i u ii l____l L___ ____~ - ~ ~- ; A o ~ ~ r A ) pt i~~ ~ t: • • i 1 ~ . d aa ~ ~ ~ ! ~3 b ~ y ~ ! A ~ ~ ~ 1 { ~ 4 1 1 i ~C ~! ~ ~ ' ~ $ €~ ~ ~ A ~ 5 TE ~ ~ } 1 i ' • • ~ ~ ~ ~ ~,,,, ~ ~ a ... ~e ~ ~~°~ia ~~ € l i J ~1~ ;.,~,,.,,,.,,,,,~ ,,,z;,,, r J 19! „~,,i ~~~~F~n„~~ ~`q y,~;4;~e"S ~Xi: ,~~,n, 5. Lily, ~ .l+~~~: 0 • {u}~o In ~. ~iu~ iu~ ~F ~ ~' ~ ~ ~o,i~~ .,Ci41y: ~1~'~'r ~~ • 4~'v ~ }In`ln`~kni;~r 1 SIN ~1 ~.`.~( ii i~~t„A,Iyi~Ar.4,n ~ ;~ ''n'n 14 ~~4G~4 ~~ ~y l~Kuoy E„~li^I~~~ir°~~~~r >vV, ~ ~.I, .~u~~up~~~4 L5~„G. is ~~ ~.! :~~€.• Ij'r,,,ny~n""y,.,.„mn. ~:~la'n~~~~5~~e;x ~m,~ ~fi . i~i~6,~ r~bdirr;a J ~~F,,g~ ~i ~n~uuuiY,r.~u~al O 1" I.nn~~~~~~r .5 f'."C;.1 i^I ..I enin,m ~ Dili I~d,~~> ~`~~In~ t _ '~nble,~'s~~ly,l~~w,~~p~~buribn{3n J~~r:. 5~~r~; ~~r r~ ~ ^ g `~ i^ .x ~n ~~n„~Snn~~W~~u miu ~,~ni',~~~~~Alnr~ "`lll x~~4~i/I I n ~u ~b6~li i i Ip Grp ' liil5" n~ aim , y,iYni~~ 1r~~~ ~~`~ r y,~r~9e u~ln ~Ix~ pnn~nlu ~Inni n~'qH ~l~p ndq~Y~rvopnp~n~ ~i~n~~L yF~ O IYi ~nr-'o~n'if ~n~~~n~Jn„ X11„J r~yM1liyiip~l,n~lr,~~nr„nl~~ ® O 0000000 ~ ~0 O ~3 ~ 0000000 ~ O SS J-~N ij; Ei O ~ 0000000 ~ ~,"1" ~~ ~ 3~ ~~ ~~ '~ G ~ ~ ~ ~~ I; 1~ ! i • The Gardens 7576 Ehwanda Ave, Rancho Cucamonga, CA North-East Elevation CONDRIONAL USE PERMIT ' ..~,~„, . The~a4rdens, LLC ~ ' C u~~.aen am roan Elevations -4 ~1 North-West Elevation South Elevation DESIGN REVIEW COMMENTS 7 10 p m Kart Coury October 2, 2001 , ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00345 -THE GARDENS - A request to construct a 20,318 square foot reception hall and banquet faaliry with on-site consumption of beer and wine (Type 47) in conjunction with an existing wedding chapel on 9 7 acres of land in the Office/Professional Distract of the Etiwanda Specific Plan, located at 7576 Etiwanda Avenue - APN 227-171-10 and 11 Related files Use Determination 00-01, Conditional Use Permit 00-35 Design Parameters This is the site of the former Buddhist Temple The site is generally flat with a slight slope to the south The lot is currently occupied by an existing chapel faality at the front (western) portion of the site The remainder of the site is undeveloped with native trees and grasses present The site is surrounded with residential land to the north, east and west, and office/professional uses to the south. Immediate properties north, west and south of the subtect site are vacanUundeveloped The portion of the site proposed for development is located outside the Etiwanda Avenue Overlay Distract Access to the site will be through an existing dnve approach on Etiwanda Avenue The existing site includes three buildings (chapel, office, and garage) totaling 9,561 square feet, as well as a gazebo structure and an on-site decorative pond The existing chapel portion of the site is fully landscaped with mature trees and shrubs, and developed with a paved parking lot The chapel will be occupied only when a wedding ceremony is occumng Guests will then move to the proposed banquet faality Maximum occupancy will occur when all banquet rooms are filled, the kitchen and offices are active, and the chapel is empty • The proposed budding consists of a 20,318 square foot reception hall and banquet faality The proposed banquet facility budding and parking will be built on the central and eastern portion of the lot On-site amernties will include a rose garden, an arbor, a garden wedding area, and a colored patterned concrete plaza area with tree wells and planters Fimsh matenals for the building extenor include nbbed distressed painted concrete walls, painted wood rafter tads, columns, and beams, trellis and raver rock veneer wainscot treatment, and a concrete tde roof Staff Comments The following comments are intended to provide an outline for Committee discussion Major Issues The following broad design issues will be the focus of Committee discussion regarding this project The applicant has worked diligently with staff to enhance the architecture consistentwith the Etiwanda Speafic Plan design gwdelines The Committee should discuss the proposed pnmary extenor wall matenal nbbed, distressed, painted, concrete tilt-up The nbbed and distressed treatment is intended to provide a rural, rustic character similar to wood siding The existing chapel (former temple) is a Japanese architectural style with honzontal wood siding The applicant will provde a bulding material sample at the meeting for your review Policv Issues The following items are a matter of Planning Commission policy and should be incorporated into the protect design without discussion Where rock cobble is used, it shall be real raver rock Other stone veneers may be manufactured products Staff Recommendation Staff recommends that the Design Review Committee approve the protect „r ~. ~ 8 DRC COMMENTS DRC2001-00345 -THE GARDENS October 2, 2001 Page 2 Desinn Review Committee Action Members Present Lany McNiel, Pam Stewart, Nancy Fong Staff Planner. Kirt Coury The Committee recommended approval of the project consistent with the mator and minor issues identified by staff In addition, the Committee directed the applicant to make a good faith effort to work with the developer of the property to the south for future residential development to avoid any potential double wall situations ~1 CM o/ Rancho Cucamonga P/amm~g Omsron (909) 477-2750 .CITY OF RANCHO CUCAMONGA AUG 2 0 2001 RECENED -PLANNING ~_I ENVIRONMENTAL INFORMATION FORM (Part I -Initial Study) . x: ~ ..- .I -~i -.;s tiY"rt try' ~ydb'xJ."o- i°.~+,~~ ;~'.:.:. ~ The purpose of this form is to_info~m fFie`City=ofthe"tiasic components~of4the°p~oposed'x project so that the City:may'review the`project-pursuant to~City'policie's` ortliriarices;~andr ' ter. :<1'F :°"'~.6 i~~-~ttRr-y"+R's~d`~ ~P-s =°••• guidelines; the California Environmental Quality.Act and the Ci_ty~ Rules~and~Frocedures~ . - , ,_, v,. ~ ,~. r'. , ~ ,-•, ~*-, _~ ~ + ;ra±t•rS~-: ti"er''J`"=, y-scab';.-~. v~ to Implement CEQA. It is important'tliat the information requested-in;th/s'applicaton`=be provided in full. ~ -,,~ ~,~;, . _ _ ,. . _ .,._ _.,~ • - ~'~~~'i ~ .; u ,~'~, `- ~, ..: °' `i" .' -mil', a "-;: ;' .. -~~: ',1`v`~ ~~..~ INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Please note that It Is the respons/bllity o/the applicant to ensure that the application Is complete at the time o/ subm/ttal, City sta/f wdl not be evadable to peAorm work requned to provide m/ssmg Inlormahon Appl~cat~on Number/or the protect to wh/ch th/s /orm /~ /~ q'AA pertains nK4' 2(,b~ -Q~JTS Protect ~ r7 ~n S Title Name & Address of developer or protect sponsor 7grj ~~„ l~/NCAYI ~~~~~ Cla Name & Address of person preparing this form (rt dr(fe2nt from above) I~PII~iDII. ~UQ ~rrSrn In/ormahon rnd~cated by asterisk (') rs not required ofnonconstrucbon CUP=s unless othenwse requested by staff '1) Provide a lull scale (8-12 x 11) copy o/the USGS Quadrant Sheet(s) whrch includes the pm/ect site, and md~cate the ste boundaries 2) Provide a set o/color photographs whrch show representative views into the site Irom the north, south, east and west views into and Irom the site /rom the primary access points whrch serve the site, and representative wows o/srgnficant /eatures /rom the site Include a map showing location of each photograph 3) Pro/ect Location (describe) • 4) Assessor-s Parcel Numbers (attach add~t~onal sheet rl necessary) 'S) Gross Srte Area (arJsq K) 0227.171- Ib ~ I I '6) Net Srte Area (total site size minus area o/public streets & proposed dedications) 7)Descnbe any proposed general plan amendment orzone change whrch would affect the protect site (attach add~bonal sheet rl necessary • C>> •n~~,~,~~,i~~n~~in~~n1I1~~M/`/111\ITC[111~11T1~T11~1~T1"~n,nn 1'1 n r crcN~~u~m Number q~ • 3SS • G 4 gg 8)Include a description of all permits which wdl be necessary from the Crty of Rancho Cucamonga and other governmental agenaes m oMer to fully implement the pm/ect Cori '-banal (f s~ ~rn~iif ~ C-U• P ~ 9) Describe the physical setting o/the sde as K exists before the pro/ect mcludmg rnformabon on topography, sod stabdrfy, plants and animals, mature trees, trerls and roads, drainage courses, and scenic aspects Describe any exrshng sWctures on sde (mcludmg age and conddion) and the use of fhe structures Attach photographs o/significant /eatures described In add~6on, site all sources of rnformat~on (~ e , geological and/or hydrologic studies, b~ohc and aroheological surveys, traffic studies) Vacant -ot, hn treys or shrubs. - ~laf land . >OJDescnbe the known culturel and/or h~stoncal aspects of the sde Ste all sources o(rnformahon (books, published reports and oral history) Nn knrnwl al-thrnloetcal SI In ~q_or~~OrIG aspects of fir. sift . C ~~ 11)Descnbe any Horse sources and their levels that now aRect the site (aircraft, roadway noise, etc) and how they wdl a//eci proposed uses 'Y - - 13)Descnbe the surrounding pmperhes, including inlormatron on plants and animals and any culture/, histoncal, or scenic aspects Indicate the type olland use (resident~a/, commen:ral, etc), intensity o/land use (one-/amity, apartment houses, shops, department stores, etc) end scale o/development (height, /rontage, setback, rear yard, etc ) All -rarant land }.ho trees 14)Wll the proposed pro/ect change the pattern, scale or character of the surrounding general area of the pro/ect~ C_~ G ~3 12)Descnbe the proposed pm/ect in detail Thrs should pmv~de an adequate descnp6on o/the sde m terms of ultimate use which will result /rom the proposed pm/ect Indicate if there are proposed phases /or development, the extent of development to occur with each phase, and the antic~paled completion o/each increment Aftach additional sheet(s) if necessary '16J Indicate proposed removals and/or replacements of mature or scenic trees NonP~ 17J lndreate any bodies o/water pncluding domestic water suppkes) into which the ste drains 1 `lG1Ffi f8Jlnd~cateexpectedamounto/water usage (SeeAttachmentA7orusageeslrmatesJ For/urfherdanficabon,pleasecontact the Cucamonga County Water Distract at 987-2591 Resrdenhal (gaUdayJ Peak use (gaUdayJ 6 Commeroral/Ind (gal/day/acJ ~ ~ Peak use (gaUmiri/acJ ~~ '/ 19JInd~cate proposed method of sewage disposal Septic Tank Sewer I/ septic tanks am proposed, attach peroolat~on tests lI discharge to a sanitary sewage system is proposed indicate expected daily sewage generehon (See Attachment A for usage esbmatesJ For further clanficatron, please contact the Cucamonga County Water Distract at 987- 2591 a Resrdenhal (gaUdayJ Commeroial/lnd (gal/day/ac) ~~ RESIDENTIAL PROJECTS 20) Number o/ residential units Detached (indicate range o/parcel sizes, minimum lot size and maximum lot , 1l~ size n • C ~ ~{ 15) lndicate the type of short-term and long-term norse to be generated, including source and amount How wil! these norse levels affect ad/acent properties and on-site uses What methods of sound proofing are proposed Attached (indicate whetherumts are rental or/or sale units) N//~ 21)Ant~crpated range o/sale pnces and/or rents Sale Pnce(s) $ to $ Rent (per month) $ to 22) Specify number o/ bedrooms by unit type N /n 23) Indicate ant~apated household size by unit • type N/A 24)Indicate the expected number o/school children who will be residing within the pro/act Contact the appropnate Schoot D~stncts as shown rn Attachment B a Elementary b Junior High c SemorHigh COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Descnbe type o/use(s) and maforlunct~on(s) o/commeroial, mdustnal orrnshtuhonal uses /heratil ~ ~auct Hall . ~m~rnrrcial ~6) Total iioor area o/ commercial, mdustnal, or rnshtuhona/ uses by type C, ~ ~~ 28) Numbero/ Tofa/ employees 7Q Maximum Shift Time o1 Maximum Shift 30) Estimation o/the number o/workers to be hired that currently reside rn the ~ 0 City •31JFor commeraal and industnal uses only, indicate the source, type and amount of air pollution emissions (Data should be venfied through the South Coast Air Quality Management Distract, at (818) 572-6283) ALL PROJECTS 32)Nave the water, sewer fie, and flood control agencies semng the protect been contacted to determine their ability to prowde adequate service to the proposed profect~ I/so, please mdreate their response C« • 27) Indicate hours of operehon JUn - 1 IMJ 7 • W ~~ ' I ~ • ~~ ~ ry~ 29)Provide breakdown of anticipatedlob classifications, rnctudmg wage and salary ranges, as well as an rndreabon o/the rate o/hire /oreach classification (attach additional sheet i/necessary) !'{,.F t 2D l~r Cv1vt3F- f3r"tPrv~er• , t 19 - (~' r Thursday, May 10, 2001 1 23 PM Richard Heilman 9098991237 p 03 05/10/2001 09.02 9093.02 gtd7RE5EN ARCFIITE~ PAGE 03 M !n the known hsfory of thn: property, ha; tlar0 peon any use, aforage, or discharge of hezeNOUS artdlorfpxlo meterrels7 33J Esamples dharansous endlor foxre me~eruNS ardude, but are not lmrded M PCB=s,• radKfaceresubeterx; pesbddes mfc herbfades,fuels,ats, solveMS, and other Hammabk kqurds andgases aso ante undergrWmAstorsge ofarryofine above PtaasB bst the mahraus acrd describe fte4use storage, errd'W dlardrarge on the poperty as weA as Ma dnfaa of uss, a ldlewn. Js)YVlM ma proposed prgeet mwwe the temporary orlongrmm use, storage or drsclRVgeWhezerobus anQlortmfic metenele, mdudrng but not Lnufed to Nxse examples haled abore~ Ilyes, prwMe an m»mory of ag such maleAals to be used and proposed method a/drspo.al The locafan otsuch uses alorlp wdtlr the storage andshJpmenf areas, shall be dawn and labeled on Ne apphcafan plans ! lavrhY aent/Y tlraf the sbtaments Iurrsslart ebo» aM In dfe adached erhr6aa preaenf the deb and lydormetmsf requlretl !dr adequate evehrabon oftlas pro/actfome bestfdmyab&fy. that C79laGfs, paretrients artdlnlorinsdon pteseMeJ are bLa and cared tot Ia best o/my knowledge end bane/ I Iadsr understentl that addlfronellMamsOOn may be regwred f0 be arbmntad bOtae an adequate rvahanon can be made byda CK} ofRencha Cutarranga Date s//c u / __ ~~~Cr ~' Title ~~"'~~ • H IINITSTUI dhC 3/00 Pace 11 ~" ~ 7 BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1. Project File: DRC 2001-00345 2. Related Files: CUP 00-35 3. Description of Project: CONDITIONAL USE PERMIT DRC2001-00345 -The Gardens LLC -The development of 20,318 square feet of additional facilities at an existing chapel/banquet hall. New facilities will including a 20,318 square-foot banquet facility with three separate banquet rooms, kitchen and storage room The 9 7-acre site is located at 7576 Etiwanda Avenue within the Mixed Use District of the Etiwanda Speafic Plan area (APN~ 227-171-10 and 227-171-11). 4. Project Sponsor's Name and Address: Dick Heilman and Dick Avent 290 North Benson Avenue #9 Upland, CA 91786 5. General Plan Designation: Mixed Use, Etiwanda Specific Plan 6. Zoning: Mixed Use, Etiwanda Specific Plan 7. Surrounding Land Uses and Setting: The site is located on the west side of Etiwanda Avenue between Miller and Baseline avenues, and is currently developed with achapel/ banquet hall, offices, garden/open space area and parking Proposed development will extend westward to about 280 feet east of the western property boundary The area to the north, south and west is vacant land. The two single-family residences and vacant land occur east of the site following Etiwanda Avenue. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planrnng Diwsion 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Kart Coury, Associate Planner (909) 477-2750 10. Other agencies whose approval is required: None C ~~ • Initial Study for DRC 2001-00345 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED City of Rancho Cucamonga Page 2 The environmental factors checked below would be potentially affected by this protect, Involving at least one Impact that is "Potentially Slgnlflcant Impact," "Potentially Slgnlflcant Impact Unless Mitigation Incorporated," or "Less Than Slgnlflcant Impact" as Indicated by the checklist on the following pages. ()Land Use and Planning (x) Transportation/Circulation (x) Biological Resources ()public Services ()Population and Housing ()Energy and Mineral Resources () Utildies and Service Systems (x) Geological Problems OHazards ()Aesthetics (x) Water (x) Noise ()Guttural Resources (x) Air Quality Mandato Rndm s of Si mticance ORecreation DETERMINATION On the bads of this Initial evaluation. (/) 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project, or agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. Signed ~ 1 f1 Nan Fergus n S I r Pro)ect Hager Octo er 23, 2001 C ~ I Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 3 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Gwdelmes, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated,° and "Less Than Significant Impact° answers, including a discussion of ways to mitigate the significant effects identified Potanl~elly Signdirant Issues and Supporting Information Sources ImPea pass Potanaally unless Tlten Significant Mmgaaon Significant No Im ct Inm atatl I d I q LAND USE AND PLANt~JC. Would the proposal. a) Conflict with general plan designation or () () () (/) zoning b) Conflict with applicable environmental plans or () () () (/) pollees adopted by agencies with jurisdiction over the project c) Be incompatible with existing land use m the () () () (/) wcinity~ d) Disrupt or divide the physical arrangement of an () () () (/) established community Comments: a-b) In the City of Rancho Cucamonga, chapels/banquet halls are permitted in the Mixed Use Distract within the Etiwanda Specific Plan area with a Conditional Use Permit In October 2000, the City approved Conditional Use Permit No. 00-35 for construction of the chapel. The addition of a banquet hall (with three separate rooms), kitchen facility, storage room and appropriate parking will be constructed m one phase and will extend west of the existing buildings onsite. Based on preliminary review of the elevations, the structures will blend with existing architecture and design elements presently used at the site. The buildings will extend westward from the existing office building and will not encroach into setbacks along the curb face of Etiwanda Avenue on the east portion of the site c-d) The area north and south of the site is within the Mixed Use District followed by the Low Medwm Residential Distract within the Etiwanda Specific Plan The area east of the site following Etiwanda Avenue is within the Low Medwm Residential Distract. The area west of the proposed project site is within the Mixed Use Distract and is part of the applicant's property. The area west of the western property boundary is outside of the Etiwanda Specific Plan and is designated Mixed Use within the Rancho Cucamonga Draft General Plan. Implementation of the proposed project will add related facilities to the Gardens and will continue to be compatible with existing onsite and proposed surrounding uses • ~, ~ 0 C~ i Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 4 Potentally &gnificent Issues and Supporting Information Sources Im~c ~a:s Potentlelly Unless Tfisn Sreniheanl Miogaoon Significant No Im eh Inc eletl 1 n I eci 2. POPULATION Alm t-IOIIS~VC1 Would the proposal. a) Cumulatively exceed official regional or local O O O (/) population protections b) Induce substantial growth in an area either () () () (/) directly or indirectly (e.g ,through protects in an undeveloped area or extension of mator infrastructure) c) Displace existing housing, especially affordable () () () (/) housing Comments: a-b) Implementation of the proposed protect will not displace existing housing. No mator infrastructure will be developed that would be considered growth inducing within the community The existing chapel, offices and parking area encompasses more than fifty percent of the site. Implementation of the protect will develop the remainder of the site (with the exception of approximately two acres west of the proposed development area) with a banquet faality including kitchen and storage area, and additional parking. Construction activities at the site will be short-term and will not attract new employees to the area since there is an existing pool of construction labor in the region. The number of people to be employed by expansion of the facility is approximately 30 However, new employees will not likely create a demand for additional housing as it is anticipated that a matority of the workers to be hired will be coming from a similar facility in Ontano, Cahforma that will be closing Employees from the Ontano facility likely reside in Ontano or the City of Rancho Cucamonga or other surrounding communities c) The proposed protect will be constructed on approximately 3 5 acres of an existing 9 7-acre site Additional improvements are proposed within the existing parking area north of the protect site. The development of the protect site will not impact existing or planned housing within the area as the site is within the Mixed Use District of the Etiwanda Specific Plan, and is not proposed for residential development. C ~I Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 5 Polmtolly Signifiwni Issues and Supporting Information Sources Imvem pass Poleniielly Unless Tfian Significant Mniganon Significonl No I n Into etetl Im em I en 3. GC-OLOGIC PROBLEMS Would the proposal result in or expose people to potential impacts involwng• a) Fault ruptures () () () (/) b) Seismic ground shakings () () (/) ( ) c) Seismic ground failure, including liquefactions () () () (/) d) Seiche hazards () () () (/) e) Landslides or mudflows~ () () () (/) f) Erosion, changes in topography, or unstable () () () (/) sod conditions from excavation, grading, or fdl~ g) Subsidence of the lands () () () (/) h) Expansive sods () () () (/) Q Unique geologic or physical features () () () (/) Comments: a-c) No known faults pass through the site, it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault. The Red Hill Fault, or Etiwanda Avenue Fault, passes within 3 miles west of the site, and the Cucamonga Fault Zone lies approximately 3 7 miles north The magnitude of the maximum probable event along these faults is estimated at moment magnitude (M„,) 6.0 - 7.0 earthquakes, respectively Also, the San Jaanto fault, capable of producing up to My, 7 5 earthquakes is 9.5 miles northeast of the site and the San Andreas Fault Zone, capable of up to Mw 8 2 earthquakes, is 10 5 miles northeast of the site Each of these faults can produce strong ground shaking. Adhering to the Uniform Budding Code will ensure that geologic impacts are less than signrficant d) The site is not located near a body of water. e) The site is relatively flat so grading will be minimal Grading wrfl even out the site and create the necessary slope gradient to allow proper site drainage f) The topography will be altered to accommodate the protect because the site is currently vacant Grading will be done in accordance with a grading plan approved by the City Engineer. The impact is not considered significant. f-h) The General Plan indicates the Tulunga-Soboba sod association for the site which has only slight erosion potential and runoff potential is slow to very slow. Sods are suitable for development The impact is not considered significant. g-i) The proposed protect will not be impacted by expansive soils or subsidence of the land, and will not disturb any unique geologic features r~ LJ C. o~ • Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 6 Polenlially Significant Issues and Supporting Information Sources Impact ~a:a Poteniislty Unless Than Sigmhcant Mnigahon Sigmhcant No I ect Into retetl I tl I ad 4. WATER. Wdl the proposal result ~n a) Changes in absorption rates, drainage patterns, () () (/) ( ) or the rate and amount of surface water runoff b) Exposure of people or property to water related () () () (/) hazards such as flooding? c) Discharge into surface water or other alteration () () () (/) of surface water quality (e.g., temperature, dissolved oxygen, or turbidity) d) Changes in the amount of surface water in any () () () (/) water body e) Changes in currents, or the course or direction () () () (/) of water movements f) Change in the quantity of ground waters, either () () () (/) through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability g) Altered direction or rate of flow of groundwater () () () (/) h) Impacts to groundwater quality () () () (/) i) Substantial reduction in the amount of () () () (/) groundwater otherwise available for public water supplies Comments: a) Development of the protect site is expected to result in decreased absorption rates, increased runoff, and drainage pattern changes. The existing facility occurs on a 9.7-acre site and is over 50 percent developed. As a condition of protect approval however, a drainage study/plan showing how stormwater runoff will be handled, both during construction and operation, must be provided to the City Engineer prior to issuance of a grading permit. Proper grading and drainage control will ensure this potential impact is less than significant. The design of the structure will direct surface water run-off to the existing parking area and existing storm drain outlets b) The site is not located within the 100-year flood plain. c-e) The protect site is not located near a body of water r1 f-i) The protect will not interfere with groundwater management practices in the area because the site is not used for percolation. C~3 Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 7 Potenllely Significant Issues and Supporting Iniormatlon Sources Impact eau Potentially Unless Tfian Significant Mitlgafion SiBmficanl No Im h In rated Im cl Im ct 5. AIR QUALITY. Would the proposal a) Violate any air quality standard or contribute to () (/) () ( ) an existing or protected air quality wolation~ b) Expose sensitive receptors to pollutants? () (/) () ( ) c) Alter air movement, moisture, or temperature, () () () (/) or cause any change in climate d) Create obtectionable odors () () () (/) Comments• a) The proposed protect was screened using Urban Emission Model 7G (URBEMIS7G) prepared by Jones & Stokes under the gwdance of the San Joaquin Valley Unrfied Air Pollution Control Distract, the Ventura County Air Pollution Control Distract, and the South Coast Air Quality Management Distract (SCAQMD). The program generates emissions estimates for land use development protects The criteria pollutants screened for included• reactive organic gases (ROG), rntrous oxides (NOx), carbon monoxide (CO), and particulates (PM,r,). When fugitroe dust enters the atmosphere, the larger particles of dust gwckly fall to the ground The smaller particles, however, may remain suspended for long periods and are referred to as total suspended particulates (TSP) Within TSP are dust particles that are less than ten microns in diameter and which are referred to as PM,o. Since PM,o is respvateable and can seriously damage the lungs, fugitive dust is a matter of concern Construction emissions are screened and quantified to document the effectiveness of control measures (Table 1) Default values were used where protect specrfic information was unavailable. The operational mobile source emissions were calculated using the Institute of Transportation Engineers (ITE) Tnp Generation Manual 6'" edition values programmed into the URBEMIS7G model. The default fleet mix was modified to decrease the number of medwm to heavy duty diesel trucks and increase the number of light passenger vehicles, as chapels/banquet facilities generally do not receive large quantities of heavy-duty trucks Proposed and existing facilities operational emissions do not exceed South Coast Air Quality Management Distract (SCAQMD) thresholds of signrficance (Table 2) However, since the South Coast Air Basin is in non-attainment status for ozone and PM,o mitigation measures will be used to minimize the protect contribution to regional emission of criteria pollutants • • C ~~ Irntial Study for City of Rancho Cucamonga DRC 2001-00345 Page 8 Table 1 URBEMIS7G Construction Emissions Summary Proposed Construction (Pounds per Day) Source ROG NOx CO PM,o Unmet Met Unmet. Met Unmet. Met Unmrt Met Gradm 2 29 2 29 31 34 29 78 - - 12 76 5 58 Worker Tri s 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 Stationa E ui 0 34 0 34 0 27 0 27 - - 0 02 0.02 Mobile E ui 0.96 0 91 10.08 9 58 - - 0 90 0.85 Arch Coatin s 0 00 0 00 - - - - - - As halt 0 66 0 62 - - - - - - Totals 8.96 8 77 44 59 42 52 0.00 0 00 13.88 6 65 SCAOMDThres. 75 75 100 100 550 550 150 150 Si mficance No No No No No No No No Table 2 URBEMIS7G Operations Emissions Summary Existing and Proposed Uses (Pounds per Day) Source ROG NO, CO PM,o Area Source 0.00 0.02 0 01 0.00 Mobile Source 10.70 9 10 97.09 4 89 Totals 10 70 9 12 97 10 4 89 SCAOMDThres 55 55 550 150 Si mficance No No No No Generally, construction of a protect this size will not exceed SCAOMD thresholds dunng grading actiwties for PM~o and NOx, nor SCAOMD thresholds for developed conditions (operational impacts) for NO, Table 1 shows protect impacts before and after mitigation measures have been implemented Sensitive receptors in the area include two single-family residences east of the site. Dunng grading, fugitive dust (PM,o) will be generated. However, any impacts to these sensitive receptors from generation of fugitroe dust can be mitigated by the following measures 1. The site shall be treated with water or other soil stabilizing agent (approved by SCAOMD and Regional Water Quality Control Board [RWQCBj) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. 2. Etiwanda Avenue shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. C ~ s Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 9 3. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4. Chemical soil stabilizers (approved by SCAOMD and RWOCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. b) Dunng construction exhaust emissions from construction vehicles and equipment, and fugitive dust generated by vehicles and equipment traveling over exposed surfaces will increase NO^ and PM,o levels in the area. Table 1 shows a summary of construction emissions with and without mitigation measures. The following mitigation measures will ensure impacts to sensitive receptors will be at less than significant levels. 5. The construction contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 6. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. c-d) The proposed protect will include a 20,318 square-foot banquet facility with kitchen, restrooms and additional parking with minor modifications to the existing parking area The proposed protect will be completed in one phase and will build-out an existing facility The end use of the protect will not generate emissions that could cause climatic changes or obtectionable odors Potentially S~gn~heant Information Sources ortin Issues and Su Inq,aC ~aea pp g Potentially Unless Than Slpnihcanl Mitigation Sipmhcanl No Im cl Into raletl Im C I act 6. TRANSPORTATIOWCIRCULATION. Would the proposal result in. a) Increased vehicle trips or traffic congestions O O (/) ( ) b) Hazards to safety from design features (e g., () () () (/) sharp curves or dangerous intersections) or . incompatible uses (e.g., farm equipment) c) Inadequate emergency access or access to () () () (/) nearby uses C ~~ • Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 10 Polemially Sigmficem Issues and Supporting Information Sources Impa=t pass Poten0a0y unless men SigniOrant Mitlgaaon S~gmficent No Im act Incor atetl Im act Im ecl d) Insufficient parking capacity on-site or off-sites () () () (/) e) Hazards or barriers for pedestrians or () () () (/) bicyclists f) Conflicts with adopted policies supporting () () () (/) alternative transportation (e.g., bus turnouts, bicycle racks) g) Rad or air traffic impacts O O O (/) Comments• a) The protect wdl result m increased vehicle taps compared to the existing 5,429 square-foot chapel and 2,959 square-foot office building Buddout of the 9 7-acre site wdl include a 20,318 square-foot banquet facility with assembly area, kitchen and storage area. Bwldout of the site wdl generate 895 two-way weekend taps at full capacity (all banquet rooms are full and the kitchen and offices are active). Protected traffic trips were calculated using the Institute of Traffic Engineers (ITE) Tnp Generation Handbook The Congestion Management Plan (CMP) has established a threshold of 1,000 two-way weekday peak hour trips Protects exceeding this threshold require a traffic impact analysis (TIA) Based on protected taps, the proposed protect wdl not requre a TIA Buddout of an existing chapel site wdl not cause a significant increase in traffic as the matority of activities that occur onsite are related to weddings which generally take place on weekends and therefore do not contribute to weekday, peak-hour taps. The City has established a Transportation Development fee that must be paid by the applicant prior to issuance of budding permits Fees are used to fund roadway improvements necessary to support adequate traffic circulation. In addition, the protect is required to comply with standard conditions of approval for provision of adequate ingress/egress from the site. Compliance with conditions of approval wdl ensure that protect-related trips are less than significant. b-d) The site is a rectangular parcel and currently has one, 40-foot driveway along Etiwanda Avenue that provides access to both the existing and proposed parking areas The driveway also provides traffic flow through so that visitors to the site wdl not back up on the street Access for emergency vehicles is adequate with one 40-foot driveway • C~7 Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 11 Potenlwlly Significant Issues and Supporting Information Sources Impatt lase Potsntally Unless Then Significant Mnrgafion Signihwm No Im ett Into rated I act Im cl 7. BIOLOGICAL RESOURCES. Would the proposal result m impacts to a) Endangered, threatened, or rare species or () ( ) () (/) their habitats (including, but not limited to. plants, fish, insects, animals, and birds) b) Locally designated species (e.g., heritage trees, () ( ) () (/) eucalyptus windrow, etc )~ c) Locally designated natural communities (e g , () ( ) () (/) eucalyptus grove, sage scrub habitat, etc.) d) Wetland habitat (e g ,marsh, riparian, and () ( ) () (/) vernal pool) Comments• a-d) Proposed banquet facility will be developed within the site of an existing chapel The portion of the site proposed for development is disturbed and contains non- native weeds and grasses The area south of the site is awaiting residential development (Tentative Tract Map 15974, The Arbors) Therefore, there will be no impact to endangered species, or habitats There are a few trees occurring in a cluster, not windrow formation, along the northern property boundary of the expansion area Construction activities at the site will not require the removal of these mature trees. Proposed landscape plans will accommodate these trees and include additional trees and shrubs The proposed landscape plan will provide the types of mature trees common to development in Rancho Cucamonga and will accent the new buildings. Potaniielly Significant Issues and Supporting Information Sources Pplanlblly Impact unless Less Than 9gnificant Mrbgaaon Sgnihcanl No Im tt Into atad Im tt 1 tt 8. ENERGY AND MINERAL RESOURCES. Would the proposal a) Conflict with adopted energy conservation () () () (/) plans b) Use non-renewable resources in a wasteful and () () () (/) inefficient manner c) Result in the loss of availability of a known () () () (/) mineral resource that would be of future value to the region and the residents of the State • C~ G ~8 r~ L_.~ Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 12 Comments: a-c) Buildout of the existing site will not conflict with adopted energy conservation plans, nor constitute a wasteful or inefficient use of energy According to the California State Department of Conservation, Division of Mmes and Geology, the site is not within a regionally significant aggregate resource area as shown on Exhibit IV-1 of the Draft General Plan. Additionally, residential development occurs within the immediate vicinity of the site r~ Potenaally SigniLCam Issues and Supporting Information Sources Potantally Unpl ss Then Signd¢ant Maigalion Sigmfiwnt No I C I ale0 I ct I act 9. HAZARDS. Would the proposal involve a) A risk of accidental explosion or release of () () () (/) hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation) b) Possible interference with an emergency () () () (/) response plan or emergency evacuation plan c) The creation of any health hazard or potential () () () (/) health hazard d) Exposure of people to existing sources of () () () (/) potential health hazards e) Increased fire hazard in areas with flammable () () () (/) brush, grass, or trees Comments: a-e) The proposed banquet facility, kitchen, storage room and parking will not pose a threat to public health and safety with respect to hazardous materials or increased fire hazards Additional parking will be constructed west of the proposed buildings and will remove brush thus decreasing fire hazard in the area. Polenhally Significant Impact Less Issues and Supporting Information Sources Pmamefiy umeaa Tnan Signifieant Mrtgaapn Significant Nc I ed Inco eteG Im ct I act 10. NOISE. Wdl the proposal result ~n a) Increases in existing noise levels b) Exposure of people to severe noise levels O O (/) U O 0 (/) 0 c~9 Irntial Study for DRC 2001-00345 City of Rancho Cucamonga Page 13 Comments: a) Traffic along Etiwanda Avenue is the predominant source contributing to the ambient noise level in the area Sensitive receptors include two single-family residences to the east and proposed residential development to the south. Sensitive receptors will be exposed to elevated noise levels during construction. However, elevated noise levels will be short-term and will cease once the protect is complete b) The proposed protect is the expansion of a chapel, including a banquet facility with kitchen, storage area and additional parking Noise assoaated with the proposed protect will include music and bands for wedding receptions Receptions will be conducted within the proposed banquet hall, and will shield sensitive receptors from site activities No outside actmties are proposed Two existing residences, located on the east side of Etiwanda Avenue, are located a minimum of 720 feet from the proposed banquet facility, and proposed residential develop to the south (The Arbors) will be located a minimum of 200 feet from the proposed facility. Since proposed site activities will be conducted indoors, and the distance to the banquet hall from the nearest sensitwe receptors is a minimum of 200 feet, noise impacts are considered less than significant Polanlially Significant Impeq Less Issues and Supporting Information Sources Poienhally Unless than Sigmhwm Mibgaoon Signtlicam No Im act Into etaE Im ecl Im h 11. PUBLIC SERVICES. Would the proposal have an effect upon or result ~n a need for new or altered government services ~n any of the following areas. a) Fire protections O O O (/) b) Police protection? O O O (/) c) Schools O O O (/) d) Maintenance of public facddies, including O O U (/) roads? e) Other governmental services () () () (/) Comments: a-e) Fire Protection -The protect site is located on the west-side of Etiwanda Avenue between Miller Avenue and Baseline Road in Rancho Cucamonga, and is served by a fire station located on the northeast corner of Day Creek Boulevard and Baseline Road, approximately 1 5 miles west of the site. Standard conditions of approval from the Uniform Budding and Fire Codes will be placed on the protect c 30 Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 14 Police Protection -The site is currently developed and patrolled The 20,318 square-foot banquet facility with kitchen and storage areas at the existing chapel site will not increase the need for routine police protection services, consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee Schedules adopted by the City Council. Schools -Construction activities at the site will be short-term and will not attract new employees to the area Proposed banquet, kitchen and storage facilities will result in 30 additional employees. Existing and proposed employees at buildout of the facility will be 70 The 30 additional employees will likely come from a similar operation located in Ontano, California scheduled for closure Therefore the proposed protect will not induce people to move to the area C~ Public Facilities -The proposed protect will buildout an existing chapel site. Traffic currently traveling to the site is expected to continue in the same manner. Traffic at buildout is expected to generate 895 two-way weekend taps from the current (2001) 460 two-way weekend taps Therefore at buildout the protect will generate 435 additional trips These taps are also based on full capacity of the site (all banquet rooms are full and kitchen and offices are occupied) Based on interview with the manager, this scenano generally occurs in late spring/early summer and also occurs during the holiday season The City has established a Transportation Development Fee that must be paid by the applicant pnor to issuance of building permits. Fees will be used to fund roadway improvements necessary to support adequate traffic circulation. Compliance with this condition of approval will ensure that impacts to public facilities are less than significant. Polamially Significant Issues and Supporting Information Sources Polamwlq a °~~s Tna~ Sgnificanl MiOgaUOn $igmficani No Im atl Into rele7 Im ecl Im act 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utdrties a) Power or natural gasp () ( ) () (/) b) Communication systems () ( ) () (/) c) Local or regional water treatment or distribution () ( ) () (/) facildies~ d) Sewer or septic tanks () ( ) () (/) e) Storm water drainages () ( ) () (/) f) Solid waste disposals () ( ) () (/) g) Local or regional water supplies () ( ) () (/) • c 3~ Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 15 Comments: a-g) The prolect will use existing gas, electrical and communication systems Solid waste disposal will be prowled by the current City contracted hauler Currently municipal solid waste from the City is taken to San Bernardino, Riverside or Orange County landfills for disposal; depending on the hauler. The prolect will increase demand upon storm drain systems due to the increased runoff from new hardscape proposed on the vacant portion of the site Storm drain improvements will be necessary to accommodate the prolect This does not result in substantial alterations to the master plan of storm drainage The impact is not considered significant since it wdl provide proper stormwater drainage per the City Engineer Folenlielly Signih<ent Issues and Supporting Information Sources palem~eny Impel unless Less roan Sign~fieent MNgetlan Significant No I C Inco elect Im n Im ct 13. AESTHETICS. Would the proposal a) Affect a scenic vista or scenic highways () () () (/) b) Have a demonstrable negative aesthetic () () () (/) effect c) Create light or glares () () () (/) Comments: a-b) The addition of the banquet faality with kitchen, storage room and related parking will be constructed in one phase and wdl extend to the west of the site Based on preliminary review of the elevations, the structures wdl blend with existing architecture and design elements presently used at the site. The 20,813 square-foot bwlding wdl extend westward from the existing office building and will not encroach into setbacks along the curb face of Etiwanda Avenue on the east portion of the site. b) The proposed banquet faality with kitchen, storage room and related parking will require nighttime outdoor lighting Sensitive receptors in the area include existing residents approximately 720 feet to the east and proposed residents approximately 200 feet to the south of the proposed banquet factlity. Although the banquet facility wtll be 200 feet from the proposed residential development, existing and proposed parking spaces along the southern property boundary may be within twenty feet or less of the proposed residents As a condition of approval, the applicant must submit a lighting plan to show how prolect lighting will be kept onsite to ensure there are no impacts to sensitive receptors. • r1 tL J • C 3~ Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 16 Polenaally Sgnificant Issues and Supporting Information Sources Potentally Impact unless Leu Than &gntltcam Miogeuon Sigrnficant No Im q Inco aletl Im ect Im aq 14. CULTURAL RESOURCES. Would the proposal a) Disturb paleontological resources b) Disturb archaeological resources () ( ) () (/) c) Affect historical or cultural resources () ( ) () (/) d) Have the potential to cause a physical change () ( ) () (/) which would affect unique ethnic cultural values e) Restrict existing religious or sacred uses within O O O (/) the potential impact area Comments: a-e) The proposed banquet facility with kitchen, storage room and related parking are additions to an existing site The existing site is developed and the area east of Etiwanda Avenue contains two residential uses No resources were discovered at the time of initial site development Proposed grading to occur on the west portion of the property will be minimal and will not likely disturb archaeological or cultural resources since other nearby development protects have failed to unearth any resources Poienlially Signlhcanl Issues and Supporting Information Sources Potemally Impaq Unless Less Then Signifiwni Mrtigehon Sipruficeni No Im h Inco ralatl Im h 1 ect 15. RECREATION. Would the proposal a) Increase the demand for neighborhood or () () () (/) regional parks or other recreational facilities b) Affect existing recreational opportunities () () () (/) Comments: a-b) Construction activities at the site will be short-term and will not attract new employees to the area Proposed banquet, kitchen and storage facilities will result in 30 additional employees Buildout of the facility will require approximately 70 employees. The 30 additional employees will likely come from a similar operation located in Ontario, California that is scheduled for closure Therefore the proposed protect will not induce people to move to the area However, as part of the City's standard Conditions of Approval, the applicant may be required to pay appropriate park development fees Implementation of this condition of approval will ensure impacts to recreational facilities are less than sigrnficant. C 3 Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 17 b) The proposed protect will not affect existing recreational opportunities as the site is located on Etiwanda Avenue within a developing mixed use/residential area Potentally $~gruficanl Issues and Supporting Information Sources P"taniwlly a ~s rn; Significant Mibgafian Sigmficenl No Im am Into ate0 Im ct Im ect 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the protect have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the mator periods of California history or prehistory b) Short term: Does the protect have the potential to achieve short-term, to the disadvantage of long-term, environmental goals (A short-term impact on the environment is one which occurs in a relatively brief, definitroe penod of time. Long-term impacts will endure well into the future ) c) Cumulative: Does the protect have impacts that are individually limited, but cumulatively considerable ("Cumulatively considerable° means that the incremental effects of a protect are considerable when viewed in connection with the effects of past protects, the effects of other current protects, and the effects of probable future protects ) d) Substantial adverse: Does the protect have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly Comments: (/) (/) (/) (/) a) Proposed banquet facility will be developed within the site of an existing chapel. The portion of the site proposed for development is disturbed and contains non- native weeds and grasses. The area south of the site is awaiting residential development (Tentative Tract Map 15974, The Arbors). Therefore, there will be no impact to endangered species, or habitats C ~~ r1 Initial Study for DRC 2001-00345 City of Rancho Cucamonga Page 18 There are a few trees occurring in a cluster, not windrow formation, along the northern property boundary of the expansion area Construction activities at wdl not require the removal of these mature trees Proposed landscape plans will accommodate these trees and include additional trees and shrubs The proposed landscape plan will provide the types of mature trees common to development in Rancho Cucamonga and will accent the new buddmgs b) The Initial Study identified short-term impacts to air quality with proposed construction activities. However, the impacts will cease once construction activities are completed Implementation of mitigation measures presented m this Initial Study and standard Conditions of Approval wdl reduce short-term impacts to less than significant. c) The proposed protect is consistent with the City of Rancho Cucamonga General Plan that was recently adopted along with the certification of a Program EIR, Findings of Fact, and a Statement of Overriding Consideration for significant adverse environmental effects of buildout m the City and sphere of influence The City made fmdmgs that adoption of the General Plan would result m significant adverse effects to air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources, however they would not reduce impacts to less than significant levels. As such, the City adopted statements of overriding consideration balanang the benefits of development under the General Plan update against the significant unavoidable adverse impacts (CEQA Gwdelmes Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use protects that wdl be pedestrian friendly and conservation of valuable natural open space With these fmdmgs and statements of overriding consideration, no further discussion or evaluation of cumulative impacts is required. d) The proposed 20,318 square-foot banquet facility with banquet rooms, kitchen storage area and additional parking is an addition to The Gardens, a site dedicated to weddings and other special occasions, that is situated on approximately 9 7 acres. The existing facility consists of a 5,429 square-foot chapel, an 2,959 square-foot office bwlding and paved parking m the front. At bwldout the faality wdl be completely developed, with the exception of a 320 square-foot area west of the proposed development, with parking, lighting, and landscaping The proposed protect would not result in any significant imapcts to the environment • ~ 3s Irntial Study for DRC 2001-00345 EARLIER ANALYSES City of Rancho Cucamonga Page 19 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D) The effects identified above for this protect were within the scope of and adequately analyzed m the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized m completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply) (/) City of Rancho Cucamonga Draft General Plan (June 2001) (/) City of Rancho Cucamonga Draft General Plan EIR (June 2001) (/) City of Rancho Cucamonga Etiwanda Specific Plan (1983) APPLICANT CERTIFICATION I certify that I am the applicant for the protect described in this Initial Study. I acknowledge that I have read this Initial Study and that there no regwred mitigation measures, and this protect will clearly have no sigrnficant environm/~ent~al effe~cts~ Signature. ~ ~ ~ ~'d Date /D~~ °~ Print Name and Trtle. ~~„/ ~~~ dT J ~- 3c~ City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the Calilomia Environmental Quality Act Section 21091 and 21092 0/the Public Resources Code. Project File No.: Cond~bonal Use PermR Drc2001-00345 Public Review Period Closes: November 14, 2001 Project Name: The Gardens Project Applicant: The Gardens, LLC Project Location (also see attached map): Located at 7576 Etrvvanda Avenue -APN 227-171-10 and 11 Related Fdes Use Determination 00-01, Cond~honal Use Permrt 00-35 Project Description: A request to construct a 20,318 square foot reception hall and banquet faGldy with on-sde consumption of beer and wine (Type 47) m conjunction wdh an e~nsting wedding chapel on 9 7 acres of land m the Muced Use Distnct of the Etrvuanda Speafic Plan FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the prolect may have a signdicant effect on the environment and is proposing this Negative Declaration based upon the following finding: ~ The In~6al Study shows that there is no substantial evidence that the prolect may have a sigrnficant effect on the environment ® The Initial Study identified potentially significant effects but (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public reviewwould avoxi the effects or mNgate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment H adopted, the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are included in the attached Initial Study. The projedfile and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Dnve (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. November 14.2001 Date of Determmabon Adopted By C J / • RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO DRC2001-00345 FORA REQUEST TOCONSTRUCTA20,318 SQUARE FOOT RECEPTION HALL AND BANQUET FACILITY WITH ON- SITE CONSUMPTION OF BEER AND WINE (TYPE 47) IN CONJUNCTION WITH AN EXISTING WEDDING CHAPEL ON 9 7 ACRES OF LAND IN THE MIXED USE DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATEDAT 7576 ETIWANDA AVENUE - APN 227-171-10 AND 11 A Rentals 1 The Gardens filed an application for the issuance of Conditional Use Permit No DRC2001-00345, as descnbed 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 14th day of November 2001, the Plamm~g Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date All legal preregwsites pnor to the adoption of this Resolution have occurred • B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved bythe Plamm~g Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby speafically finds that all of the facts set forth in the Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng on November 14, 2001, including wntten and oral staff reports, together ~nnth public testimony, this Commission hereby spenfically finds as follows a The application applies to the development of a 20,318 square foot bwlding to be used as a banquet faality and reception hall with on-site consumption of beer and wine in contunction with an existing wedding chapel on 9 7 acres of land in the Mixed Use Distnct of the Etiwanda Spenfic Plan, with a street frontage of 330 feet and lot depth of 1280 feet, located at 7576 Etrv/anda Avenue, and b The property to the north and east is vacant and zoned Low-Medium Residential, and the property to the south and west is also vacant and zoned Mixed Use, and c The application contemplates the use of the bwlding for a reception hall and banquet fanlity v~nth on-site consumption of beer and wine, with hours of operation from 7 00 a m to 11 00 p m Sunday through Thursday, and 7 00 a m to 1 00 a m Fnday and Saturday, and d The entire site is zoned Mixed Used and is governed by the regulations of the Etiwanda Spenfic Plan and the Development Code, and ~- 3 8 PLANNING COMMISSION RESOLUTION NO DRC201-00345 -THE GARDENS November 14, 2001 • Page 2 e The proposed banquet hall is located at least 200 feet away from existing or planned sensitive noise receptors (i a ,residences, hospitals, or schools) 3 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a The proposed use is in accord with the General Plan, the obtectnres of the Development Code, and the purposes of the distract in which the site is located b The proposed use, together wrath the conditions applicable thereto, will not be detnmental to the public health, safety, or welfare or matenally in~unous to properties or improvements in the viGnity c The proposed use complies with each of the applicable provisions of the Development Code 4 Based upon the facts and information contained in the proposed Mitigated Negative Declaration together with all wntten and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the protect wall have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitonng Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Declaration has been prepared in compliance wrath the California Environmental Quality Act of 1970, as amended, and the State CEQA gwdelines promulgated thereunder, that said Mitigated Negative Declaration and Initial Study prepared therefore reflect the independent judgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the protect, which are listed below as Conditions of Approval c Pursuant to the provisions of Section 753 5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows In considenng the record as a whole, the Initial Study and Mitigated Negative Declaration for the protect, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habilat upon which wildlife depends Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the infomtation provided to the Planning Commission dunng the public heanng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the California Code of Regulations 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference G 39 PLANNING COMMISSION RESOLUTION NO DRC201-00345 -THE GARDENS November 14, 2001 Page 3 Planning Diwsion 1) Light fixtures shall be constructed at a maximum height of 15 feet, including pedestal base (as measured from finished grade), and shall be shielded and directed away from residential areas A detailed lighting plan, including a photometnc diagram, shall be prepared pnorto issuance of bwlding permits to provide proper shielding of light sources from adtoining properties 2) No outdoor live band or amplified music shall be permitted 3) Approval of this request shall not waive compliance wrath any sections of the Development Code, State Fire Marshal's regulations, Uniform Bwlding Code, or any other City Ordinances 4) If operation of the facility causes adverse effects upon adtacent businesses or residences, the Conditional Use Permit shall be brought before the City Planner for consideration and possible amendments to the permitted use, or termination of the use • 5) Any signs proposed for the faality shall be designed m conformance with the City's Sign Ordinance and shall require rewew and approval by the City Planner, pnorto installation 6) Landscaping shall conform with the Development Code and Etiwanda Specific Plan regwrements, and shall regwre rewew and approval by the City Planner pnor to installation 7) All landscaped areas shall be kept free from weeds and debns and maintained in a healthy growing condition, and shall receive regular pruning, fertilizing, mownng, and tramming 8) Hours of operation shall be limited to 7 00 a m to 11 00 p m Sunday through Thursday, and 7 00 a m to 1 00 a m Fnday and Saturday 9) New Eucalyptus windrow shall be planted along south property line per Etiwanda Specific Plan regwrements 10) A minimum 6-foot decorative wall shall be constructed along the protect penmeterwith development of the adtoining properties Construction of the penmeter wall shall be sensitive to the existing Eucalyptus trees along the north property Ime Other decorative masonry matenal may be considered Engmeenng Diwsion 1) Install a rock curb along Etiwanda Avenue frontage per the Etiwanda Speafic Plan G~~ PLANNING COMMISSION RESOLUTION NO DRC201-00345 -THE GARDENS November 14, 2001 Page 4 2) Provide fora "Class II" Bike Lane along Etiwanda Avenue frontage 3) No more than 5 acres may dram through one parkway culvert 4) Provide off-site drainage easements for drainmgtherears-acres If the pnvate easement or letter of acceptance ~s not possible, then the developer shall provide a temporary retention basin, and provide a discharge system to mitigate developed flows back to existing flow patterns to the satisfaction of the City Engineer, until such time that the property to the west develops and a street under sidewalk connection will be regwred 5) The Etrvvanda-San Sevaine Drainage Area is that portion of property lying within 500 feet of the centerline of Etrvvanda Avenue The Developer shall be required to pay the Citys adopted drainage fee (Master Plan and Regional), as well as reimbursement to other development or the City for over sizing of drainage faalit~es as detemtmed by the City Engineer 6) An m-lieu fee as contnbution to the future under-grounding of the existing overhead utilities (telecommumcationsand elednral, except for the 66kv electncal) on the opposite side of Etiwanda Avenue shall be paid to the City pnor to the issuance of building permits The fee shall be one-half the City adopted unit amount times the length of the project frontage Based on your street frontage, the fee is $35,207 64 7) The Developer shall loin the newly formed CFD, and pay the necessary fair share portion for development of the infrastructure ENVIRONMENTAL MITIGATION MEASURES Ali Quality 1) The site shall be treated with water or other sod stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, m accordance v~nth SCAQMD, Rule 403 2) Etiwanda Avenue shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehide traclung of soil off-site Timing may vary depending upon time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM,o emissions from the site dunng such episodes 4) Chemical sod stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain mactrve for 96 hours or more to reduce PM~o emissions G ~I PLANNING COMMISSION RESOLUTION NO 01-99 DRC201-00345 -THE GARDENS November 14, 2001 Page 4 2) Provide fora "Class II" Bike Lane along Etiwanda Avenue frontage 3) No more than 5 acres may dram through one parkway culvert 4) Provide off-site drainage easements fordraining the rears-acres If the pnvate easement or letter of acceptance is not possible, then the developer shall provide a temporary retention basin, and provide a discharge system to mitigate developed flows back to existing Flow patterns to the satisfaction of the City Engineer, until such time that the property to the west develops and a street under sidewalk connection will be requred 5) The Etiwanda-San Sevaine Drainage Area is that portion of property lying within 500 feet of the centerline of Etiwanda Avenue The Developer shall be required to pay the City's adopted drainage fee (Master Plan and Regional), as well as reimbursement to other development or the City for over sizing of drainage facilities as deterrnined by the City Engineer 6) An in-lieu fee as contnbution to the future under-grounding of the existing overhead utilities (telecommunications and electncal, except for the 66kv electncal) on the opposite side of Etiwanda Avenue shall be paid to the City pnor to the issuance of bwlding permits The fee shall be one-half the City adopted umt amount times the length of the protect frontage Based on your street frontage, the fee is $35,207 84 7) In view of the community installation of stone drain facilities for the Day Creek Drainage Area, the Developer shall pay its share of the cost of the improvements attributed to benefit this development. The fair share cost has been calculated to be $101,055.00 and is payable prior to issuance of building permit. This payment is in-lieu of paying the General City Drainage Fee. ENVIRONMENTAL MITIGATION MEASURES Air Quality 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD, Rule 403 2) Etiwanda Avenue shall be swept according to a schedule established by the City to reduce PM~o emissions assoaated with vehicle traGung of C - y/ PLANNING COMMISSION RESOLUTION NO DRC201-00345 -THE GARDENS . November 14, 2001 Page 5 5) The construction contractor shall select the construction equipment used on-site based on low-emission factors and high-energy effiGency The construction contractor shall ensure the construction grading plans include a statement that all construction egwpment will be tuned and maintained m accordance with the manufacturer's specifications 6) The construction contractor shall utilize electnc or clean altematrve fuel-powered equipment where feasible 7) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r 1 LJ BY Laity T McNiel, Chauman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Plamm~g 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 Plamm~g Commission held on the 14th day of November 2001, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~ ~ ~~ City of Rancho Cucamonga • MITIGATION MONITORING PROGRAM Project File No.: DRC2001-00345 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheabove-listed protect This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code). Program Components -This MMP contains the following elements 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect 2 A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action wdl be taken and when, and to whom and when compliance wdl be reported. 3 The MMP has been designed to provide focused, yet flexible gwdelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the protect. The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps wdl be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form wdl be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who wdl take action, what action will be taken and when, and to whom and when compliance wdl be reported All monitoring and reporting documentation wdl be kept m the protect fde with the department having the original authority for processing the protect. Reports will be available from the City upon request at the following address. City of Rancho Cucamonga -Lead Agency Planning Division 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 C~3 Mitigation Monitoring Program Page 2 3. Appropriate speaalists will be retained if technical expertise beyond the City staff's is needed, as determined by the protect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner 4 The protect planner or responsible City department wdl approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is regwred for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring wdl be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form 6 Unantiapated circumstances may arise regwring the refinement or addition of mitigation measures. The protect planner is responsible for approving any such refinements or additions An MMP Reporting Form wdl be completed bythe protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwntten notification has been issued. The protect planner or responsible City department also has the authority to hold certificates of occupanaes if compliance with a mitigation measure attached . hereto is not occurring The protect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented 8 Any conditions (mitigation) that require momtonng after protect completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or otherforms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the regwred period of time. 9. In those instances requmng long-term protect momtonng, the applicant shall provide the City with a plan for momtonng the mitigation actnrities at the protect site and reporting the momtonng results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reportmg plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits L c ~y MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC 2001-00345 Applicant: Dfck Hellman and Dick Avant Initial Study Prepared by: Nancv Ferguson Date: October 23, 2001 l ~f • - :~ ..-- ~,Yar,,. `%x~~v }~:~ ~^/•t'~h'WZ a ~~R~y o~~' Air~Quality;r•.~~ -3 ~' .~.:~v~' ,r , ye. ~' PY T 'fF. a _ v, ss`.", sstt 1.'3. Pi = :""Ai '%,, _ ~Fr+ -fir. ? ar; 9. . ~- a .. "~'T" Y~ ~ k . ~ ~ °~, ~ ~~~~ ~..5~^7=n a N;+ _y. < ct~` ._v <' ~nK ~r, , a ^' (`.~~~~~ -., z; ,~rPi"tt'o' wY; • y, ;_ Sf,.-.= -~.,. <d-yyev~S.D`q~J"vS~fw~iy i a";~.~Srf• `C." '..ya 4,Q~y.- ... - ~r~a _ •a 'wS _.[ vM` di'~~ r^`.... .~~_ ~~.~ .:.L"'x=~"-'-~'~., .. - jaw 'i°~r e~Y•'S ~~\~. f ~~ a r{ i' i r i The site shall be treated with water or other soil stabilizing agent) CP C Review of plans A/C 2 approved by SCAOMD and RWOCB) dally to reduce PM,o emission, In accordance with SCAOMD Rule 403 Etiwanda Avenue shall be swept according to a schedule CP C Review of plans A/C 2 established by the Clty to reduce PM,o emissions associated with vehicle tracking of loll off-site Timing may vary depending upon time of year of construction Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such CP C Review of plans A/C 2 episodes Chemical soil stabilizers (approved by SCAOMD and RWOCB) shall be applied to all Inactive construction areas that remain Inactive for CP C Review of plans A/C 2 96 hours or more to reduce PM,o emissions Contractor shall select the construction equipment based on low emission factors and high-energy efficiency All construction CP B/C Review of plans A/C 2 equipment will be tuned and maintained In accordance with the manufacturers specifications Contmctor shall utilize electdc or clean alternative fuel powered equipment where feasible CP B/C Review of tans P A/C 2 The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equpment CP/CE B Review of lens P C 2 when not in use Ke to Checklist Abbreviations ,FxegRariSitil+ O ,rah .ffr+ ,'~ ~, ~!t!•x4E4~9` „ "~~,~_~ ~r"fiws.+- ' ~` {t~M iii` " M~~/ H tlort.-;,! x - • -~srhr' .~ ffi, ~ . r:41C~1.r~.~,..afr h 5, l,~@ ~5~ -n9 ,. ~ "~Sr"',ir~,1par~•`a-. t,, r Q,. ~r' -~ A"r~-.r ~`~ +~ CDD -Community Development Director A • With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP • City Planner or designee B • Pdor To Construction B -Other Agency Permit /Approval 2 - W Ithhold Grading or Building Permit CE -City Engineer or designee C • Throughout Construction C -Plan Check 3 - W Ithhold Certificate of Occupancy BO -Building OHiclal or designee D - On Completion D -Separate Submiffal (Reports /Studies /Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 • Retain Depositor Bonds FC - Flre Chiel or designee 6 • Revoke CUP I \PLANNING\FINAL\CEOAVv1MCHKLST WPD .~~' COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2001-00345 SUBJECT: RECEPTION HALL AND BANQUET FACILITY APPLICANT: THE GARDENS LLC, STONE MOUNTAIN CATERING LOCATION: 7576 ETIWANDA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ~. General Requirements Comolehon Date 1 The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action The City may, at ds sole discretion, participate at its own expense in the defense of any such action but such partiapation shall not relieve applicant of his obligations under this condition 2 A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard _/_/_ Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check B. Time Limits 1 Conditional Use Permit, Variance, or DevelopmenUDesign Review approval shall expire if _/_/_ building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Etiwanda Specific Plan 2 Prior to any use of the pro/ect site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the C/ity Planner C I~ SC-06-01 Protect No DRC2001-00345 Comolehon Date 3 Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance The buildings shall be inspected for compliance prior to occupancy 4 Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of bulding permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable Ctty Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance 7 A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner and Police Department (477-2800) prior to the issuance of building permits Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adtacent properties 8 Trash receptacle(s) are requved and shall meet City standards The final design, locations, and the number of trash receptacles shall be subtect to City Planner review and approval pnor to the issuance of budding permits 9 All ground-mounted utility appurtenances such as transformers, AC condensers, etc , shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single family residential developments, transformers shall be placed in underground vaults 10 All bwlding numbers and individual units shall be identified in a clear and concise manner, including proper illumination 11 Wood fencing shall be treated with stain, paint, or water sealant 12 Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured products D. Shopping Centers 1 Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner a Architecturally integrated into the design of (the shopping center/the protect) b Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors c Large enough to accommodate two trash bins d Roll-up doors e Trash bins with counter-weighted lids f Architecturally treated overhead shade trellis g Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view SC-06-01 G ~~ 2 -/-/- • -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- • -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- /_/ _/ / Prgect No DRC2001-00345 Comolehon Date 2 The lighting fixture design shall compliment the architectural program It shall include the plaza _/_/_ • area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures E. Building Design 1 All roof appurtenances, including air conditioners and other roof mounted equipment andlor _/_/_ protections, shall be shielded from wew and the sound buffered from adtacent 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 bwlding plans F. Parking and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide 2 All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk ad/scent to the parking stall (including curb) 3 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards 4 Handicap accessible stalls shall be provided for commercal and office faalities with 25 or more _/_/_ parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped ~. Landscaping 1 A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and _/_/_ submitted for City Planner review and approval prior to the issuance of budding permits 2 Existing trees required to be preserved in place shall be protected with a construction barrier in _//_ accordance with the Municipal Code Section 19 08 110, and so noted on the grading plans The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods 3 A minimum of 20% of trees planted within industrial protects, and a minimum of 30% within _/_/_ commercial and office protects, shall be speamen size trees - 24-inch box or larger 4 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls, sufficient to shade 50% of the parking area at solar noon on August 21 5 Trees shall be planted in areas of public wew adtacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building 6 Landscaping and irrigation systems regwred to be installed within the public right-of-way on the _/_/_ perimeter of this protect area shall be continuously maintained by the developer 7 All walls shall be provided with decorative treatment If located in public maintenance areas, the _/_/_ design shall be coordinated with the Engineering Division 8 Landscaping and irrigation shall be designed to conserve water through the principles of _/_/_ • Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Municpal Code SC-06.0, Cog Protect No DRC2001-00345 Comolelion Date H. Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs I. Environmental Mitigation measures are regwred for the protect The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be regwred to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner In the amount of $ 719.00 prior to the Issuance of bwlding permits, guaranteeing satisfactory pertorinance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete ail actions regwred by the approved environmental documents shall be considered grounds for forfeit J. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location of mad boxes Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting The final location of the mail boxes and the design of the overhead structure shall be subtect to City Planner review and approval pnor to the Issuance of budding permits APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. General Requirements 1 Submit five complete sets of plans including the following a Site/Plot Plan, b Foundation Plan, c Floor Plan, d Ceiling and Roof Framing Pian, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system Iocatlon, fixture units, gas piping, and heating and air conditioning, and g Planning Division Protect Number (i e , TT #, CUP #, DR #, etc) clearly Identified on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and a sods report Archdect's/Engineer's stamp and "wet" signature are required prior to plan check submittal 3 Separate permits are required for fenang and/or walls 4 Contractors must show proof of State and City licenses and Workers' Compensation coverage to the Clty pnor to permit issuance 5 Business shall not open for operation prior to posting the Certificate of Occupancy Issued by the Building and Safety Division SC-06-01 C ~ / 4 _/-/ -/-/. -/-/. -/-/- -/-/- -/-/- -/-/- / / • Project No DRC2001-00345 Completion Date L. Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be _/_/_ marked with the protect file number (i e., DRC2001-00345) The applicant shall comply with the latest adopted Uniform Budding Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requrements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Please contact the Bwlding and Safety Division for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new commercial or industrial development or addition _/_/_ to an existing development, the applicant shall pay development fees at the established rate Such fees may include, but are not limited to Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Dvision prior to permit issuance 3 Street addresses shall be provided by the Building Official, after tracUparcel map recordation and _/_/_ prior to issuance of building permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday _/_/_ through Saturday, with no construction on Sunday or holidays 5 Construct trash enclosure(s) per City Standard (available at the Planning Division's public _/_/_ counter) 6 The following is regwred for side yard use for increase in allowable area _/_/_ a Provide a reduced site plan (8 %_" x 11 ") which indicates the non-buildable easement b Recorded "Covenant and Agreement for the Maintenance of a Non-Bwldable Easement," • which is signed by the appropriate property owner(s) c Sample document is available from the Bwlding and Safety Division M. New Structures 1 Provide compliance with the Uniform Building Code for the property line clearances considering _I_/_ use, area, and fire-resistiveness 2 Provide compliance with the Uniform Building Code for regwred occupancy separation(s) _/_/_ 3 Plans for food preparation areas shall be approved by County of San Bernardino Environmental _/_/_ Health Services prior to issuance of bulding permits 4 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC, _/_/ Table 5-A 5 Exterior walls shall be constructed of the required fire rating in accordance with UBC, Table 5-A _/_/_ 6 Openings in exterior walls shall be protected in accordance with UBC, Table 5-A _/_/_ 7 Provide smoke and heat venting in accordance with UBC Section 906 _/_/_ 8 Upon tenant improvement plan check submittal, additional requirements may be needed _/_/ N. Grading 1 Grading of the subtect property shall be in accordance with the Uniform Budding Code, City _/_/_ Grading Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A sods report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work SC-06-01 C 5 Protect No DRC2001-00345 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check 4 The final grading plans shall be completed and approved prior to issuance of building permits A separate grading plan check submittal is required far all new construction protects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1 Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City P. Street Improvements 1 Construct the following perimeter street improvements including, but not limited to Curb 8 AC Side- Dnve Streel Street Comm Median Bike Street Name Gutter Pvmt walk Appr Lights Trees Trail Island Trail ether Etiwanda Avenue X X X X X X X 2 Improvement Plans and Construction a Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first b Prior to any work being pertormed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed with any new construction or reconstruction protect along mator or secondary streets and at intersections for future traffic signals and interconnect wiring Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes (1) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer C ~~ Completion Date _/_/_ / / / / / / / / / / / / / ! / / / / SC-06-01 Protect No DRC2001-00345 Comole6on Date f Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction Street or lane closure permits are required A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the Ctty Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be _/_/_ installed to City Standards, except for single family residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check _/_/_ 3 Street trees, a minimum of 5-gallon size or larger, shall be installed per City Standards in _/_/_ accordance with the City's street tree program 4 Intersection line of sight designs shall be reviewed by the City Engineer for conformance with _/_/_ adopted policy On collector or larger streets, lines of sight shall be plotted for all protect intersections, including driveways Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required Q. Public Maintenance Areas 1 A signed consent and waiver form to torn andlor forin the appropriate Landscape and Lighting _/_/_ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer R. Drainage and Flood Control 1 A final drainage study shall be submitted to and approved by the City Engineer prior to final map _/_/_ approval or the issuance of building permits, whichever occurs first All drainage facilities shall be installed as required by the City Engineer 2 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the _/_/_ property from adjacent areas S. Utilities 1 Provide separate utility services to each parcel including sanitary sewerage system, water, gas, _/_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards Easements shall be provided as required 2 The developer shall be responsible for the relocation of existing utilities as necessary _/_/_ 3 Water and sewer plans shall be designed and constructed to meet the regwrements 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 required prior to final map approval or issuance of permits, whichever occurs first Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects 4 Approvals have not been secured from all utilities and other interested agencies involved _/_/_ Approval of the final parcel map will be subject to any requirements that may be received from them T. General Requirements and Approvals 1 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/_I_ new street lights for the first six months of operation, prior to final map approval or prior to budding permd issuance rf no map is involved C ~~~ sc-os-o~ Project No DRC2001-00345 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING • CONDITIONS: U. Community Facilities Districts 1 This protect is subject to the requirements of the Mello-Roos Community Faalities District _/_/_ V. Water Plans for Fire Protection 1 Prior to issuance of any budding permit, the applicant shall submit a plan showing the locations of / / all new public fire hydrants for the review and approval by the Fire Distract and the Water District _ _ _ 2 Prior to the issuance of any bwlding permit, the applicant shall submit construction plans, / / specfications, flow test data and calculations for the private water main system for review and _ _ _ approval by the Fire Distract Plans and installation shall comply with Fire District standards 3 Fire flow regwrements for this protect shall be 2500 gallons per minute at a minimum residual / / pressure of 20 pounds per square inch in accordance with Fire Code Appendix III-A, as _ _ _ amended The regwred fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix III-B, as amended 4 When any portion of a facility or building is located in excess of 150 feet from a fire hydrant _/_/_ located on a public street on-site fire hydrants and mains capable of supplying the regwred fire flow shall be provided The distance is measured as vehicular path of travel on access roadways, not line of sight 5 All regwred public fire hydrants shall be installed, flushed and operable prior to delivering any _/_/_ combustible building materials on-site (i e , lumber, roofing materials, etc) Water District personnel shall inspect the installation and witness hydrant flushing The builder/developer shall submit test report to the Fire Safety Dmsion 6 All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any _/_/_ combustible building materials on-site (i e , lumber, roofing materials, etc) Fire Construction Services representative shall inspect the installation and witness hydrant flushing The builder/developer shoji submit final test report to the Fire Safety Division 7 For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be _/_/_ conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate The budder/developer shall submit the final test report to the Fire Safety Division 8 Existing fire hydrants and mains wdhm 600 feet of the protect shall be shown on the water plan _/_/_ submitted for review and approval Include main size 9 Prior to the issuance of any budding permit, the applicant shall submit construction plans, _/_/_ specifications, and calculations for the fire sprinkler system underground 10 Required Note If the system is private the applicant shall do the following prior to the issuance _/_/_ of the budding permit a Submit proof that provisions have been made for the annual testing, repair and maintenance of the system A copy of the maintenance agreement shall be submitted to the District b For developments with multiple owners, they shall establish a reciprocal maintenance agreement, which shall be submitted to the Fire Distract for acceptance 11 Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a blue reflective _/_/ pavement marker indicating the fire hydrant location on the street or driveway rn accordance with ~ Rancho Cucamonga Fire Protection District and Cdy of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner SC-06-01 8 Cj~?j Protect No DRC2001-00345 Completion Date W. Water Availability • 1 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire _/ / flow The Rancho Cucamonga Fire Protection District Water Avarlabrlrtv for Fire Protection _ _ Form shall be signed by the Water District and submitted for approval by the Rancho Cucamonga Fire Protection District If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow X. Automatic Fire Sprinkler Systems 1 RCFPD Ordinance 15 or other adopted code or standard, regwres an approved automatic fire _/_/_ sprinkler system to be installed throughout the bwlding(s) 2 All commercal structures greater than 7,500 square feet, all Group A or E Occupancies with an _/ / occupant load of 50 or more persons, all multi-family residential structures, and all structures _ _ which do not meet Fire District access requirements (Section E, Fire Access), shall be protected by an approved automatic fire sprinkler system 3 Prior to the issuance of a bulding permit, the applicant shall submit plans for any automatic fire _/ / sprinkler system to the Fire Construction Services for review and approval No work is allowed _ _ without a Fire Construction Services permit 4 Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested _/_/_ and accepted by the Fire Construction Services 5 The fire sprinkler system monitoring system shall be installed, tested and operational immediately _/_/_ following the completion of the fire sprinkler system Monitoring is regwred with 20 sprinklers in . Group I Occupancies, or 100 or more sprinklers in all other Occupanaes Y. Fire Access 1 Fire District access roadways shall be provided for every faality, building, or portion of a building _/_/_ constructed when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from approved Fire District vehicle access The distance is measured by an approved route around the exterior of the facility or building 2 Fire District access roadways shall include public roads, streets, highways, as well as private roads, streets, and designated fire lanes 3 Commercial Prior to recordation of a subdivision/tract/parcel map or the issuance of any grading _/_/_ permit, whichever occurs first, the applicant shall obtain approval of the Fire District for all Fire District access roads to within 150 feet of all portions of the exterior of every structure on-site 4 Residential & Commercial Prior to issuance of any grading permits, the applicant shall submit and _/_/ obtain approval of plans for all roads, streets and courts, public or private, from the Fire District in _ consultation with the Grading Committee The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line All proposed fire apparatus turnarounds shall be clearly marked when adead-end street exceeds 150 feet or when otherwise regwred Applicable CC&Rs, or other approved documents, shall contain provisions that prohibit obstructions such as traffic calming devices (speed bumps, humps, etc ), control gates, bollards, or other modifications in fire lanes or access roadways without prior written approval of the Fire District, Fire Safety Division 5 The minimum unobstructed width for a Fire District access roadway or fire lane is 26 feet The _/_/_ minimum vertical clearance is 14 feet, 6 inches At any entry median the minimum width of traffic lanes shall be 20 feet 6 The minimum inside turn radds is 20 feet The minimum outside turn radius is 50 feet The _/_/_ minimum radds for cul-de-sacs is 50 feet ~/ C~7 SC-06-01 9 Protect No ORC2001-00345 Completion Date 7 All portions of the facility or any portion of the exterior wall of the first story shall be located within _/_/_ 150 feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building Approved access walkways shall be provided from the fire apparatus access road to exterior building openings 8 A Knox rapid entry key vault shall be installed prior to final inspection Proof of purchase shall be _/_/_ submitted prior to final building plan approval Contact the Fire Safety Dmsion for speck details and ordering information 9 Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire District's _/_/_ approval of the construction of any gate across required Ftre District access roadways/driveways 10 Gated or restricted access regwres the installation of a Knox rapid entry system Vehicle access _/_/_ gates shall be provided with an approved Fire District Knox Key Swatch The gate shall remain in the open position until reset by Fire District key switch Contact the Fire Safety Division for specific details and ordering information 11 The installation of gates and restricted access to residential developments may necessitate _/_/_ installation of approved automatic fire sprinkler systems This condition applies when the Fire District determines that such gates or other means of restricting access or delaying response exists 12 Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches _/_/_ from the ground up, so as not to impede fire vehiGes 13 A building or site directory shall be regwred, as noted below _/_/_ X Lighted directory within 20 feet of main entrance(s) tc the site 14 A note shall be placed on all plans which Dearly indicates the follownng Emergency access, a _/_/_ minimum 26 feet in width and 14 feet, 6 inches in height shall be provided and maintained free and clear of any obstructions at all times during construction, in accordance with Fve District Standards • 15 Dead-end Fire District access roadways in excess of 150 feet shall be provided with approved _/_/_ provisions for the fuming around of Fire apparatus This may include a cul-de-sac, "hammerhead," or other means approved by the Fire District 16 More than one Fire District access roadway shall be provided when it is determined by the Fire _/_/_ District that access by a single road might be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access Provide secondary egress/access in accordance with Fire District standards 17 Dead-end roadways shall not exceed 600 feet in length _/_/_ 18 Amend site access to accommodate Fire District emergency vehicle access _/_/_ 19 Prior to the issuance of a bulding permit, the applicant shall submit plans and obtain approval from _/_/_ the Fire District for fire lanes on regwred Fire District access roadway less than 40 feet in width The plans shall indicate the locations of red curbing and signage A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved Contact the Rancho Cucamonga Fire Protection District at (909) 477-2770 for a copy of the "FD Access -Fire Lanes" standard 20 Prior to the issuance of any Certficate of Occupancy, the fire lanes shall be installed in accordance _/_/_ with the approved fire lane plan The CCBRs or other approved documents shall contain a fire lane map and provisions that prohibit parking in the fire lanes The method of enforcement shall be documented The CCBRs shall also identify who is responsible for not less than annual inspection and maintenance of all required fire lanes 21 New bwldings other than dwellings shall post the address with minimum 8-inch numbers on _/_l~ contrasting background, visible from the street and electrically illuminated during periods of darkness When the bwlding setback exceeds 200 feet from the public street an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance SC-06-01 10 C. ~~ Prgect No DRC2001-00345 22 In multi-unit complexes approved address numbers, and/or bulding identification letters shall be provided on the front and back of all units, suites, or bwldings The Fire District shall review and approve the numbering plan in coordination with the City of Rancho Cucamonga Z. Combustible Construction Letter 1 Required Note Prior to the issuance of a bulding permit for combustible construction, the bwlder shall submit a letter to the Fire District on company letterhead stating that water for fire fighting purposes and the all weather fue protection access road shall be in place and operational before any combustible material is placed on-site The roadway shall be maintained at all times AA. Architectural Building Plans 1 Pnor to approval of a site developmenVuse permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the revew and approval of the Fire Distract Call the Fire Construction Services Unit at (909) 477-2713 for the Fire Safety Stte/Architectural Notes to be placed on the plans prior to submittal BB. Fire Suppression System (Required for Commercial Cooking Equipment or Special Hazards) 1 Prior to the issuance of a building permit, plans and specifications for the fire suppression system for the protection of commercial-type cooking egwpment shall be submitted to the Ftre constructton Services for review and approval No work is allowed without a Fire Construction Services permit 2 Prior to the issuance of a Certrficate of Occupancy, the fue suppression system(s) shall be tested and accepted by the Fire Construction Services ~C. Fire Alarm System 1 An automatic fue alarm (and detection) system is required by RCFPD Ordinance 15, based on use or floor area, or by another adopted code or standard 2 Prior to tssuance of a bulding permit, plans for the fue alarm system shall be submitted to the Ftre Construction Services for review and approval No work is allowed without a Fue District permit 3 Prior to any remodel, modrfication, additions, or exchange of dewces, Ftre District approval and a permit are regwred Plans and specrfications shall be submitted to the Fue constructton Services 4 Prior to the tssuance of a Certrficate of Occupancy, the fire alarm (and detection) system(s) shall be tested and accepted by the Fue Construction Services DD. Fire District Fees Due 1 Ftre District fee(s), plus a $1 00 microfilm fee per "plan page" will be due to the Rancho Cucamonga Fue District as follows " X $82 Start up fee for commercal, industrial, ormulti-family dwelling units (Paid prior to TRC) X $132 Conditional Use Permit Fee (CUP) X $132 for Water Plan Review for Public Fire Protection X $132 for Private Fue Mains or Fire Sprinkler Underground Water Supply . X $677 (per new building) for New Commercial and Industrial Development "Note Separate plan check fees for tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fue extinguishing systems, etc ), and/or any consultant rewews will be assessed upon separate submittals of plans SC-06-01 11 C' s~ Completion Date ~~_ ~_/- ~__J_ -/-/- ~~- -/-/ ~~- ___/_/_ ~~- ~~- Project No DRC2001-00345 Comoletion Date EE. Hazard Control Permits 1 As noted below S eaal Permits ma be re wred de endent n int nded u • g p y , p upo e se a General Use Permit shall be regwred for any activity or operation not specifically described _/_/_ below, which in the judgement of the Fire Chief is likely to produce conditions, which may be hazardous to life or property b Operate a place of public assembly _/~_ FF. Hazardous Materials - Compliance with Disclosure and Reporting Regulations 1 The below listed businesses, operations, uses or conditions regwres that the San Bernardino _/_/_ County Fire Department review your Business Emergency/Contingency Plan for compliance with minimum standards Contact the San Bernardino County Fire, Hazardous Materials Dvision at (909) 387-3041 for forms and assistance They are the CUPA for the City of Rancho Cucamonga 2 Any business that uses, generates, processes, produces, treats, stores, emits, or discharges a ~~_ hazardous material in quantities at or exceeding 55 gallons, 500 pounds, or 200 cubic feet (compressed gas) at any one time in the course of a year 3 All hazardous waste generators, regardless of quantity generated _J~_ 4 Any business that handles, stores, or uses Category (I) or (II) pesticides, as defined by FIFRA, ~~_ regardless of amount 5 Any business that handles DOT Hazard Class 1 (explosives, found in 49 CFR) regardless of _/_/~ amount 6 Any business that handles extremely hazardous substances (EHS's) in quantities exceeding the _/_/_ threshold planning quantity (T P O) Extremely Hazardous Substances are designated pursuant to the Emergency Planning and Community Right to Know Act Section 302, and are listed in 40 CFR Part 355 7 Any business subject to the Emergency Planning and Community Right to Know Act (EPCRA), ~~_ also known as SARA Title III Generally, EPCRA includes facilities that handle hazardous substances above 10,000 pounds, or extremely hazardous substances above threshold planning quantities There are some exceptions, including retail gas stations with up to 75,000 gallons of gasoline or 100,000 gallons of diesel fuel in Underground Storage Tanks (UST's) that meet the 1998 upgrade requirements To get more information on EPCRA regwrements call 1-800-535-0202 Due to State disclosure consolidation laws, Tier II forms need not be submitted to the various State and Federal agencies Submission of your Business Emergency/ Contingency Plan will meet this regwrement, however, EPCRA does regwre full annual inventory submission rather than a certification statement each March 1 Also, EPCRA facilities are bound by the trade secret limitations of EPCRA, and must sign every page of inventory 8 Any business that handles radioactive material that is listed in Appendix B of Chapter 1, of _/_/_ 10 CFR 9 If the factlity is a NEW business, a Certificate of Occupancy issued by Bwlding and Safety will not ~~_ be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan California Government Code, Section 65850 2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous material disclosure regwrements A Risk Management Program (RMP) may also be . required if regulated substances are to be used or stored at the new facility Contact County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance C ~/~ SC-06-01 12 Protect No DRC2001-00345 Completion Date 10 Any business that operates on rented or leased property, and is required to submit a Plan, is regwred to submit a notice to the owner of the property in writing stating that the business is subtect to the Business Emergency/Contingency Plan mandates, and has complied with the provision, and must provide a copy of the Plan to the property owner within 5 working days after receiving a request from the owner 11 The Ftre Cade adopted by the Fire regarding hazardous materials at 1 emergency response Prior to issua Emergency/Contingency Plan -New and Inventory) shall be submitted to County Fire Department In some Emergency/Contingency Plan may I emergency response programs District has a provision requiring collection of information acilities for purposes of Fire Code implementation and race of a Certificate of Occupancy a copy of the Business Business (Hazardous Materials Release Response Plans the Fire Distract after it is approved by the San Bernardino cases additional information that is not in the Business >e regwred in order to support Iocai fire prevention and GG. Plan Submittal Required Notice 1 Plans shall be submitted and approved prior to consWction in accordance with 1997!98 Bwlding, Fire, Mechanical, and Plumbing Codes, 1999 Electrical and RCFPD Ordinances FD15 and FD32, Guidelines and Standards NOTE Separate plan check fees for tenant improvements, fire protection systems andlor any consultant rewews will be assessed at time of submittal of plans HH. Other Requirements/Comments 1 NOTE The applicant or applicant's representative should contact the Fire Safety Division to set a meeting to discuss the access problems Contact Steve Locate, Fire Protection Planning Specialist at (909) 477-2770, ext 3009, as soon as possible ~PPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: II. Security Lighting 1 All parking, common, and storage areas shall have minimum maintained 1-foot candle power These areas should be lighted from sunset to sunnse and on photo sensored cell 2 All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways Lighting shall be consistent around the enure development 3 Lighting in exterior areas shall be in vandal-resistant fixtures JJ. Security Hardware 1 One-inch single cylinder dead bolts shall be installed on all entrance doors If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used KK. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility LL. Alarm Systems 1 Install a burglar alarm system and a panic alarm if needed Instructing management and . employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and Yves 2 Alarm companies shall be provided with the 24-hour Sheriff's dispatch number (909) 941-1488 ~~J~ -/-/- -/-/- / / -/-/- / / / / / / / / / / / / / / SC-06-01 13 i r v A N C H O C U C A M O N G A Staff Report DATE November 14, 2001 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Donald Granger, Assistant Planner SUBJECT CONDITIONAL USE PERMIT DRC2001-00335-ARTUROFLORES-A request to establish a retail liquor store within an existing 4,320 square foot building on 48 acre of land in the Community Commeraal Distract (Subarea 2), located at 8939 Foothill Boulevard -APN 208-192-07 Related files Vanance DRC 2001-00612 and Public Convenience or Necessity DRC2001-00628 VARIANCE DRC2001-00612 - ARTURO FLORES - A request to reduce the regwred parking setback along Foothill Boulevard from 50 feet to 40 feet for a retail liquor store in the Community Commeraal Distract (Subarea 2), located at 8939 Foothill Boulevard -APN 208-192-07 Related files Conditional Use Permit DRC2001-00335 and Public Convenience or Necessity DRC2001-00628 PROJECT AND SITE DESCRIPTION A Background The site is currently occupied by a vacant building The building was occupied by Red Hill Liquor for approximately 12 years, and was vacated sometime in the summer of 2000 The site is adjacent to the Mobil service station at the southeast comer of Vineyard Avenue and Foothill Boulevard (Conditional Use Permit 936) The service station and proposed liquor store have shared access to Foothill Boulevard from one dnveway approach, and street improvements along Foothill Boulevard were completed when the service station was constructed B Surrounding Land Use and Zoning North - Thomas Winery Plaza, Speaalty Commeraal, Foothill Boulevard Distract (Subarea 2) South - Condominium Apartments project, Medium-High Residential (14-24 dwelling units per acre), Foothill Boulevard Distract (Subarea 2) East - Fast food restaurant, Community Commeraal, Foothill Boulevard District (Subarea 2) West - Vacant, Community Commeraal, Foothill Boulevard Distract (Subarea 2) ITEMS D & E PLANNING COMMISSION STAFF REPORT DRC2001-00335 November 14, 2001 Page 2 • C General Plan Designations Protect Site -Commercial North - Commercal South - Medwm-High Residential East - Commercial West - Commercial D Site Characteristics The site is presently developed with a vacant building that was formerly occupied by Red Hill Liquor Access to the parcel is taken from an existing drive approach on Foothill Boulevard, with alley access along the south property line E Parking Calculations Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Proposed Retail Liquor Store 4,320 1 space/ 17 17 250 sq ft ANALYSIS A General The site presently contains anon-conforming structure, defiaent in the regwred number of parking stalls and striping design The previous use of the bulding as a retail liquor store has been discontinued for 180 days or more, making the proposed use subtect to the provisions of Section 17 02 130, requiring any proposed use to be in confortrnty with the regulations for the district in which it is located Liquor stores are allowed in the Community Commercial District, subtect to the approval of a Conditional Use Permit The site will be paved and restriped with 17 standard parking stalls, meeting the parking requirement for the use The applicant proposes minor changes to the exterior of the building, including a stucco coat over preasion block, file roof, two-tone accent file and a nver rock base along the front elevation The exterior materials are compatible with the surcounding area and adtoining service station, incorporating nver rock and matching file roof All of the proposed exterior materials and colors meet the Foothill Boulevard District design guidelines B Land Use Compatibility The premise of all Conditional Use Permits is to ensure the compatibility of adtacent uses and the separation of potential nuisance activities The applicant is proposing a 4,320 square foot retail liquor store, open 7 days a week, from 7 a m to 1 a m ,Sunday through Thursday, with hours on Friday and Saturday extended to 2 a m Fully developed commeraal uses border each side of the proposed use, with a service station (Conditional Use Permit 93-46) to the west and In-N-Out Burger to the east C Variance The applicant has applied for a Variance to reduce the parking setback along Foothill Boulevard to be consistent with the adtoimng service station The site is within an Activity Center, which regwres a 50-foot parking setback as measured from the curb face The applicant is requesting a Variance to reduce the parking setback to 40 feet ~ ~~ ~ PLANNING COMMISSION STAFF REPORT DRC2001-00335 November 14, 2001 Page 3 FACTS FOR FINDINGS The purpose of a Vanance is to provide flexibility from the strict application of development standards In order to grant a request for a Vanance, the Planning Commission must make a series of findings Generally, these findings focus on unique or specal arcumstances applicable to a speafic property Following are facts to support the necessary findings Fact Literal compliance with the Foothill Boulevard District's parking setback would cause a physical hardship for the property owner due to the 40-foot parking setback for the adjacent property and the presence of shared access for both properties from one dnveway on Foothill Boulevard Literal compliance with the 50-foot parking setback would create a dnve aisle with awkward and inconsistent area for maneuvering, which is inconsistent with the obtectives of the Development Code Fording That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the ob~ect~ve of this Code 2 Fact The Conditional Use Permit for the service station to the west of the sublect property included a condition of approval regwnng a consolidation of three driveways and recordation of joint access for both parcels Because of the exceptional arcumstances of shared access and dnveway consolidation from a prior condition of approval, granting of the Vanance will allow a uniform dnve aisle width and parking setback along Foothill Boulevard Fmdmg That there are exceptional or extraordinary arcumstances orcondrtions applicable to the property involved or the intended use of the property that do not apply generally to other properties in fhe same zone Fact The granting of the Variance for the 40-foot parking setback will allow the sublect parcel to match the previously approved parking setback of the propertyto the west, thereby alloHnng the property owner development privileges enjoyed by other properties Additionally, the 40-foot parking setback will allow for a landscaped area that is consistent with the adjacent parcel, thereby meeting the streetscape objectives of the Foothill Boulevard Distract Finding That strict orliteral interpretation and enforcement of the specified regulation would deprive the applicant of pnwleges enjoyed by the owners of otherpropert~es in the same zone Fact In 1988, Variance 88-09 was granted to the property to the west fora 40-foot parking set back along Foothill Boulevard Finding That the granting of the Variance will not constitute of a grant of special privilege inconsistent with the l~m~tations on other properties classified in the same zone 5 Fact The granting of the Vanance will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicirnty, but, conversely, will allow properties that are regwred to have shared access to maintain a uniform drive aisle width, thereby reduang the potential for conflicts ~a~3 PLANNING COMMISSION STAFF REPORT DRC2001-00335 November 14, 2001 Page 4 Finding The granting of the Vanance will not be detnmental to the public health, safety, or welfare or matenally rn~unous to the properties or improvements m the wanrty C Design Revew Committee The proposed liquor store will occupy an existing budding, with no expansion or new construction Accordingly, the application does not require review by the Design Review Committee, per Section 17 O6 010-B of the Development Code D Technical Revew Committee The proposed liquor store does not involve new construction and does regwre review by the Technical Review Committee, per Section 17 O6 010-E-2 of the Development Code E Environmental Assessment The Conditional Use Permit and Vanance application are categoncally exempt from the California Environmental Quality Act, per Sections 15301 and 15305, respectively CORRESPONDENCE This item was advertised as a public heanng in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners vnthin a 300-foot radws of the protect site and within Subarea 2 of Foothill Boulevard District RECOMMENDATION Staff recommends that the Planning Commission approve Conditional Use Permit DRC2001-00335 and Vanance DRC2001-00612 through adoption of the attached Resolutions of Approval with Conditions • Respectfully submitted, .~ Brad Buller City Planner BB DG mlg Attachments Exhibit "A" -Site Utilization Plan Exhibit "B" -Site Plan of Adtacent Service Station and Liquor Store Exhibit "C" -Site Plan Exhibit "D" -Floor Plan Exhibit "E" - Bwlding Elevations Exhibit "F" -Photo of Existing Storefront Resolution of Approval for Conditional Use Permit DRC2001-00335 with Conditions Resolution of Approval for Variance DRC2001-00612 ~G y W z 3 a Q O J I- W H- t/~ Exhibit "A" m N O r O 0 a r ,_ ,~nna ~.~s ~~vx~no N i~ea ~i~n.iino ;n~>a,i occre vu+ao~vrc~ ~ VONOM'ON OHOHVtl ~7 u ~.,a.~~ba x a IZ ~QUdu2I~11 aonartr$v I ~ ~~ ~~ ~V N ~~' owar.~sarm ouusnc~ ~ c~ d v 0 m ~`tlu ' m ~ y~ ~ i~. . i `• o 0 3 ' ~ ~ a m ~ e f ~o I ~ ~ d _ ' ~~ R i S Q ~ ~ 6C .F3Tj11 v~ ~-~ ei i e- I I ~ ~ \ ` ~ ~ ~ \ \ ,~LG ~~. ~~V ~ d ~ ~ z i W Q~ \ \ \ ~ pa i < ~ i O U p ~ ~ p C \ m~ ~ \ aa0 ( C i ., ~\~~ ~ \ ~ ~\ \ \ ~ J l ~ ~ i ® tFv D!-dYJ6ONV'I UESOdOLd Exhibit "B" ~~ • • Exhi -w.w~o-m Ntl'Id 3LIS ~ hd0 10i5M]3M ~/7 G:tt~ OEL[6 YWtldR1V> VONOM'J(IJ ONJNYU `- Z H w,N r,uuo0e acne ~ a ~ Q N V H ~3 aonan r$ v & ~ r~33 §a a~ a Y P f Y a e geg c ~ [e[ 5 ~ ~ s )tl $~Y 88E i'fy a ppz ~YF3Y 5~ Lg~ f qq, Y[ a i f ~~ 5 4 gg 9"=~~$iii$i~c~~6: gg jyF c Y3Y € ~P o~"eFBc~4€p~Fs,.Ff~ 5 a N ~ ~ ~ c 0 z xFC ~~_1nC:~C~rJC»O~u~~C~00@~ .~ I -- ---------------------~\ I -- A, Y t ~, ., _. ., I f, S ~~ ~~ I j _ I' I e ~ I ~~ ~~ o k ~ I I ~~ m a I I p ~ I- - f ~ I I ®.i d I A _ I ~' ~ I -- -- - --~ bit "C" ~ a ~' .is"r~m~rn=. +~a.m Ntl7d ilOdLi 'JIII.LSIX3 3rxa ~ar,~~33 sn uxtti OfL16 YWCORIVJ r'1 Z ~ I I MNONYJN ON'JNYtl ? OA'19l'ItEt10W fC6B xonan anxcoaa ~ 3 Q ICI d ICI 2I 3 $~ ~ gds ~ `~ E : r ~- ` ~~ v ~ a~ g ~ ,` ~ @ a.~ / . ~~~ y i ~, ~, `, ~, k 1 b i ~a~ SSS 1~ ~- i ~j4 ~. < L 4 E k SV A s t 3 Q i d e V l C~ Y o ' :SF ,~Ee e 15 @~ 55 ss~° ~ a 5 lSS @~~F~e1 ~ `~~~3~~ ~$E~ 9a ~ ~ ~ L ~ I x @Q ~ S 4 N f[y t tl 9 ~' 5~ p w P~ e E F i~ "vc ]e~yy w S ~ ~ ~ ~ ~ „ OOOOOGO • fl I` u '~aC 8' Exhibit "D" 1~ n 1= • SNOLLtlA373 NORIa rra ire i~~o ~mn~~ish s~es~ oec is v~uHO,mv~ /mil VUNONYJOJ OHJNYtl L Y OA'19 T1611.ODtl 6[6B Z~ Q u H u x~ H xonanTnxtoaa Exhibit "E" b z 0 x rc O - ~ ~ ~ ~ F - g - E@ F ~ a =~K~ r~r b ;i;~°~~~~g ~ z E r ¢g '~~~ a ~~~j?o3~i w ~ e~~ '~ ,~ e s e W ~ ~~Y~~g~~a .i x aG 9'~44~ 7 i~ 7 j€ 3 3 Y zSEsc§'sr o ,,,,,, , x~ ~ooooo000 lV ~~~ - swouvnala aoiaai.~ r-i w~~~~3~~~.e~ ~~NN~ ~l VONONYJOJ ONJNVtl /\T Z H I OK10T0LLOOJ 6F6B t `Y ~ Q 1~i ~' ICI 2I ~ L'n11 aona~~ ~rnxcoo~ ~ ~ Q{ ~ - 4 4 p 1 ~ ~~ ~! Id s~ ~ e Y 1 1 1 ~ ~ n ~ T ~ i f s ~ a ! }} 3 ~ y 3~ E d $ 7 6 e ^~PS~T~~LY C a 4 ~ F ~ Y ~ ~ i ~ C ~ ~ q ~3~frF~y@~'9s / _ as 111 ~ ° ~y "p ~ y~SS [[ - W ~~~ > W • $ b F J} 2 Y y y c Y 2 / 1- ~e Y `@ ~ C Q C 3 S ~ w ~ >434_%`s yep o ~ 3 p _ s ~ F ~EF - .% cF°@4~ ( ~ ~ v~ u u .. ,. ,. ~ W Gs ~~ Y xPo oou~o~~c,~c~ P p - \ I $ ~ B x ~ P 6 5 P O e e r :" pe qt U e~ r ~~ ~~ 1~ 4 . ; po.~ ~D xhibit "E-1" E • ~ ~. ~ U Exhibit "F" • RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2001-00335 FOR A RETAIL LIQUOR STORE AT 8939 FOOTHILL BOULEVARD, LOCATED IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2), AND MAKING FINDINGS IN SUPPORT THEREOF - APN 208-192-07 A Rentals 1 Mr Arturo Flores filed an application for the issuance of Conditional Use Permit No DRC2001-00335, as descnbed 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 14th day of November 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said heanng on that date 3 All legal preregwsites pnor 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 spenfically finds that all of the facts set forth in the Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng on November 14, 2001, including written and oral staff reports, together with public testimony, this Commission hereby spenfically finds as follows a The application applies to property located at 8939 Foothill Boulevard with a street frontage of approximately 110 feet and lot depth of approximately 190 feet and which is presently improved with anon-conforming structure that was formerly Red Hill Liquor store, and b The property to the north of the subject site is developed with a commernal center, the property to the south consists of condominiums, the property to the east is developed with a fast-food restaurant, and the property to the west is developed with a service station, and c Retail liquor stores are an allowed use within the Commeraal Distnct, subtect to the approval of a Conditional Use Permit, and d The site is presently definent in the required number of parking stalls, thereby making the existing structure non-conforming A condition of approval is included in this Resolution . regwnng the property to be improved with the regwred number of stalls, designed in conformance with the City of Rancho Cucamonga's standards, thereby meeting the obtectives of the Development Code by providing the regwred number of parking stalls with the establishment of a new use, and b a.. ~ ,~ PLANNING COMMISSION RESOLUTION NO DRC2001-00335 November 14, 2001 Page 2 e The proposed retail liquor store meets one of the land use goals of the Foothill Boulevard Distract and is in accord with the purposes of the Community Commercial District by providing a retail use on a recognized commercial comdor, thereby capturing neighborhood demand, and f All of the materials and colors are architecturally compatible with the adtacent building and surrounding environment, incorporating materials and colors similar to the adjacent service station The exterior of the building will be upgraded with a new the roof, stucco coating and a raver rock base 3 Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a The proposed use is in accord with the General Plan, the obtectives of the Development Code, and the purposes of the distract in which the site is located b The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially intunous to properties or improvements in the vicinity c The proposed use complies with each of the applicable provisions of the Development Code 4 The Planning Commission hereby finds and determines that the protect identified in this Resolution is categorically exempt from the regwrements of the California Environmental QualityAct of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Division 1) Conditional Use Permit, Variance, or DevelopmenUDesign Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed 2) Approval of this request shall not waive compliance with any sections of the State Fire Marshal's regulations, Uniform Bwlding Code, or any other City Ordinances 3) If operation of the faality causes adverse effects upon adtacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use ~ ~. ~ 13 PLANNING COMMISSION RESOLUTION NO DRC2001-00335 November 14, 2001 • Page 3 4) The applicant shall comply with all applicable laws and regulations from the Department of Alcoholic Beverage regarding the sale of beer, wine, and distilled spnts for off-site consumption 5) Approval is for a retail liquor store only Any expansion, modification or intensification of use beyond that requested by the application shall require modification to this application 6) The applicant shall obtain and maintain a valid City Business License 7) Any signs for the proposed liquor store shall be designed in conformance with the City's Sign Ordinance and shall require review and approval by the City Planner, prior to installation 8) Where nver rock is used, it shall be real or native fieldstone 9) The landscaped area behind the back of sidewalk and the parking stalls shall include London Plane trees, to the satisfaction of the City Planner 10) The new tale roof shall match the the roof matenal and color of the • adtacent service station 11) The site shall be developed in accordance with the approved plans on file with the Planning Division, including, but not limited to, 17 parking stalls, double-stnped, per City Standard, and the extenor upgrade of the bwlding with accent tde and stucco 12) Graffiti shall be removed within 72 hours 13) The entire site shall be kept free from trash and debns at all times and in no event shall trash and debns remain for more than 24 hours 14) Any outdoor vending machines shall be recessed into the bwlding faces and shall not extend into the pedestrian walkways The design details shall be reviewed and approved by the City Planner, pnor to the issuance of bwlding permits 15) The applicant shall comply with all applicable laws and regulations from the Department of Alcoholic Beverage regarding the sale of beer and wine for off-site consumption If the Department of Alcoholic Beverage Control requires a determination of Public Convemence or Necessity, the applicant shall file an application for a determination of Public Convenience or Necessity with the City of Rancho Cucamonga in a timely manner C J ~~ 1~ PLANNING COMMISSION RESOLUTION NO DRC2001-00335 November 14, 2001 Page 4 • Engmeenng Diwsion 1) An additional 15 to 195-foot dedication of nght-of-way on Foothill Boulevard shall be required for a minimum total distance of 65 to 79 5 feet, respectively, as measured from the street centedine 2) Rewse existing City Drawing No 1565 Sheets 1, 2, and 3 to reflect installation of street trees on Foothill Boulevard 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Larry T McNiel, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Plamm~g Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regulady introduced, passed, and adopted bythe Plamm~g Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of November 2001, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • ~~~~~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2001-00335 SUBJECT: Conditional Use Permit APPLICANT: Arturo Flores LOCATION: 8939 Foothill Boulevard ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ~. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 2 A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check B. Time Limits 1 Conditional Use Permit, Variance, or DevelopmenVDesign Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations r I - ~. t ~ 1 I SC-06-01 1 Completion Date _~-~. -~~- -~~- -~-~- Protect N o DRC2001-00335 Comolehon Date 2 Prior to any use of the protect site or business activity being commenced thereon, all Conditions /_/_ of Approval shall be completed to the satisfaction of the City Planner 3 Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / l State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be _ submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance The buildings shall be inspected for compliance prior to occupancy 4 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _I / consistency prior to issuance of any permits (such as grading, tree removal, encroachment, _ _ bwldtng, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 5 Approval of this request shall not waive compltance with all sections of the Development Code, / / all other applicable City Ordinances, and applicable Community or Speafic Plans in effect at the _ _ _ time of building permit issuance 6 All ground-mounted utility appurtenances such as transformers, AC condensers, etc , shall be _/_/ located out of public view and adequately screened through the use of a combination of concrete _ or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single family residential developments, transformers shall be placed in underground vaults D. Parking and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts / / a bwldtng, wall, support column, or other obstruction, the space shall be a minimum of 11 feet _ _ _ wide 2 All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _//~ contain a 12-inch walk adjacent to the parking stall (including curb) 3 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards E. Landscaping 1 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls, sufficient to shade 50% of the parking area at solar noon on August 21 F. Signs 1 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 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS G. General Requirements 1 Submit five complete sets of plans including the following _/_/_ a Site/Plot Plan, b Foundation Plan, c Floor Plan, ~~Ll~ SC-06-01 2 Protect No DRC200~-00335 Completion Date d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Division Protect Number (i e , TT #, CUP #, DR #, etc) clearly identified on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report Architect's/Engineer's stamp and "wet" signature are regwred prior to plan check submittal 3 Separate permits are regwred for fencing and/or walls 4 Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division H. Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the protect file number (i e , DRC2001-00335) The applicant shall comply with the latest adopted Uniform Bulding Code, Uniform Mechanical Code, Uniform Plumbing Code, . National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate Such fees may include, but are not limited to Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance 3 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays I. Grading 1 A separate grading plan check submittal is required for all new construction protects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The Grading Plan shall be prepared, stamped, and signed by a California Registered Crod Engineer APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Street Improvements . 1 Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program ~ ~,~ 1~ SC-06-01 3 -/-/- /-/- -/-/- -/-/- -/-/- -/-/- _/-/- -/-/- -/-/- Protect No DRC2001-00335 Completion Date K. Public Maintenance Areas 1 A signed consent and waiver form to /pin and/or form the appropriate Landscape and Lighting _/_/ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer 2 Parkway landscaping on the following street(s) shall conform to the results of the respective _I_/_ Beautification Master Plan Foothill Boulevard L. General Requirements and Approvals 1 Permits shall be obtained from the following agencies for work within their right-of-way Caltrans _/_/_ L.J L_J ~a~' I~ SC-06.01 4 RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC 2001-00612 TO REDUCE THE REQUIRED PARKING SETBACK ALONG FOOTHILL BOULEVARD FROM 50 FEET TO 40 FEET, FOR A RETAIL LIQUOR STORE, LOCATED AT 8939 FOOTHILL BOULEVARD IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2), AND MAKING FINDINGS IN SUPPORT THEREOF - APN 208-192-07 A Recitals 1 Mr Arturo Flores filed an application for the issuance of Variance DRC 2001-00612 as described m the title of this Resolution Hereinafter in this Resolution, the subtect Variance request is referred to as "the application " 2 On the 14th day of November 2001, 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 All legal preregwsites 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 Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on November 14, 2001, including written and oral staff reports, together with public testimony, this Commission hereby spenfically finds as follows a The application applies to property located at 8939 Foothill Boulevard with a street frontage of approximately 110 feet and lot depth of approximately 190 feet and is presently improved with anon-conforming structure that was formerly Red Hill Liquor store, and b The property to the north of the subtect site is developed with a commernal center, the property to the south consists of condominiums, the property to the east is developed with afast- food restaurant, and the property to the west is developed with a service station that has a 40-foot parking setback, and c Literal enforcement with the regwred parking setback would cause a physical hardship for the property owner due to the adtacent property's 40-foot parking setback and the presence of shared access for both properties from one driveway on Foothill Boulevard, and d There are exceptional arcumstances applicable to the subtect property that do not apply to a matonty of other properties in the Community Commernal District because of the property to the west having a condition of approval with a previously approved Conditional Use Permit 9336 that regwred a consolidation of driveways and shared access between the properties, and ~ ~.~ ~0 PLANNING COMMISSION RESOLUTION NO VAR DRC2001-00612 November 14, 2001 Page 2 e Literal enforcement of the parking setback would depnve t applicant of development privileges enjoyed by other properties in the Community Commerce istnct because of the approved 40-foot parking setback of the property to the west, and f In 1988, Vanance 88-09 was granted to the property t he west of the subject property allowing a 40-foot parking setback, hence the Vanance will not~onstltute a grant of specal pnvileges that is inconsistent with the limitations on other properties the same zone, and g The granting of the Vanance will not be detnme Ito the public health, safety, or welfare or matenally in~unous to the properties or improvement in the vicinity, but, conversely, will allow properties that are required to have shared access to ~'aintam a uniform dnve aisle width, thereby reduang the potential for conflicts h The 40-foot parking setback will allow f a landscaped area that is consistent v~nth the adtacent parcel, thereby providing a uniform stree cape and depth of landscaping, consistent with the objectives of Foothill Boulevard Distnct 3 Based upon the substantial ev referenced public hearing and upon the above, this Commission hereby finds and a That stnct or literal would result in practical difficulty or u of the Development Code b That there are e to the property involved or to the properties in the same district ~ rented to this Commission dunng the above- ngs of facts set forth in paragraphs 1 and 2 as follows m and enforcement of the speafied regulations physical hardship inconsistent with the objectives I orextraordinary arcumstances or conditions applicable use of the property that do not apply generally to other c That stnct or iteral interpretation and enforcement of the specified regulation would depnve the applicant of pn eges enjoyed by the owners of other properties in the same distnct d That t granting of the Vanance will not constitute a grant of special pnvilege inconsistent with the li nations on other properties classified in the same distnct e T the granting of the Vanance will not be detnmental to the public health, safety, or welfare or mate sally injunous to properties or improvements in the vianity 4 Ba d upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission reby approves the application subject to each and every condition set forth below Secretary to this Commission shall certify to the adoption of this Resolution Planning Division 1) Conditional Use Permit, Vanance, or Development/Design Review approval shall expire if bwlding permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed -~ °~- ~ ~ 1 PLANNING COMMISSION RESOLUTION NO 01-101 VAR DRC2001-00612 November 14, 2001 Page 2 e Literal enforcement of the parking setback would deprive the applicant of development pnvdeges entoyed by other properties in the Commurnty Commeraal District because of the approved 40-foot parking setback of the property to the west, and f In 1988, Variance 88-09 was granted to the property to the west of the subject property allowing a 40-foot parking setback, hence the Variance v~nll not constitute a grant of speaal privileges that is inconsistent with the limitations on other properties in the same zone, and g The granting of the Vanance wdl not be detnmental to the public health, safety, or welfare or matenally intunous to the properties or improvements in the vianity, but, conversely, will allow properties that are required to have shared access to maintain a unifomt drive aisle width, thereby reduang the potential for conflicts h The 40-foot parking setback wdl allow for a landscaped area that is consistent with the adtacent parcel, thereby providing a uniform streetsaape and depth of landscaping, consistent with the obtectrves of Foothill Boulevard District 3 Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistentwnth the obtectives of the Development Code b That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district c That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of pnvdeges entoyed by the owners of other properties in the same district d That the granting of the Vanance wdl not constitute a grant of speaal privilege inconsistent with the limitations on other properties classified in the same district e That the granting of the Vanance will not be detnmental to the public health, safety, or welfare or matenally in~unous to properties or improvements in the vianity 4. The Planning Commission hereby finds and determines that the project ident~ed in this Resolution is categorically exempt from the requirements of the California Environmental ~~ Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 5 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 Planning Division 1) Conditional Use Permit, Vanance, or DevelopmenUDesign Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed ~~-~a~ PLANNING COMMISSION RESOLUTION NO VAR DRC2001-00612 November 14, 2001 Page 3 BY 2) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers or employees, because of the issuance of such approval, or in the alternative, to relingwsh such approval The applicant shall reimburse the City, its agents, officers or employees, for any Court costs and attorney's fees which the City, its agents, officers or employees may be regwred by a court to pay as a result of such action The City may, at its sole discretion, partiapate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Larry T McNiel, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planrnng Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of November 2001, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~~F~-2 T H E C I T V O F RANCHO C U C A M O N G A Staff Report DATE November 14, 2001 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Douglas Fenn, MPA, Associate Planner SUBJECT: VARIANCE DRC2001-00494 - MILLIKEN POINT - A request to reduce the building and landscape setback along Milliken Avenue from 45 feet to 37 feet, in Area 8 of the Empire Lakes Subarea 18 Speafic Plan, located on the northwest comer of 5th Street and Milliken Avenue - APN 210-082-61 Related file DRC2001-00493. PROJECT AND SITE DESCRIPTION A Backoround/Analysis The applicant has submitted a City Planner request to develop a single-story 2,500 square foot professional office building on the sublect site However, before issuance of City Planner deasion letter can be made, a Vanance is regwred because the applicant intends to provide a building and landscape of 37 feet instead of the required 45-foot setback B Applicable Reoulation Industnal Area Speafic Plan Subarea 18 requires an average 45-foot landscape and building depth setback on MalorArtenals and Special Boulevards (in this case Milliken Avenue) On August 25, 1999, the Planning Commission approved a master plan for Areas 8 and 10, of the Industnal Area Specific Plan Subarea 18, which shows a building setback of approximately 37 feet because of a 200-foot nght tum lane The other depicted buildings to the north of the sublect site are master planned with a setback at 45 feet along Milliken Avenue (Exhibit "C") The proposed protect is consistent with the approved master plan C FACTS FOR FINDINGS The purpose of a Vanance is to provide flexibility from the stnct application of development standards, however, the Planning Commission must make the following findings in order to approve the request Following are facts to support these findings . 1 Finding That stnct or literal ~nterpretat~on and enforcement of the specified regulation would result in practical d~ftlculty or unnecessary physical hardship inconsistent with the ob~ect~ves of the Development Code ITEM F PLANNING COMMISSION STAFF REPORT VAR DRC2000-00494 - MILLIKEN POINT November 14, 2001 Page 2 Fact The site ~s bounded by three streets, Mdl~ken Avenue to the east, 5th Street to the south and Fa~rv~ew Place to the west The three street sides will have full street improvements A 200-foot long right tum lane ~s required along the entire frontage of Milliken Avenue in concert with the previously approved master plan The Site Plan is in compliance with the approved master plan, and that three streets will bound the subject site. The strict enforcement of the Code roqu~rement along Milliken Avenue requmng a 45-foot average setback will create an unnecessary hardship on the su6~ect site 2 Finding That there are exceptional or extraordinary ciroumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties rn the same d~stnct. Fact The project site is unusual because it has frontage on three streets, and has a right tum lane the entire length of the parcel frontage along Milliken Avenue 3. Finding • That strict or literal interpretation and enforcement of the specified regu/at~on would deprive the applicant ofpnwleges enjoyed by the owners ofotherproperties in the same district Fact Without the Variance, the prolect would be deprived of privileges enjoyed by other businesses within the same district Additionally, the Bernal of the Vanance would not be in harmony with what was approved, the 200-foot long right tum lane, as shown in the master plan 4 Finding That the granting of the Vanance will not constitute agrant of special privilege inconsistent with the l~mrtations on other properties or improvements in fhe vicinity Fact Because this is a unique lot with three street sides, and the proposed project will be in the spent of the previously approved master plan, the granting of the Vanance will not set a precedent Finding. That the granting of the Variance will not be detrimental to the public health, safety or welfare, or materially in~unous to properties or improvements in the vicinity. Fact Granting of the Vanance will not be detrimental to the public health, safety, or welfare or be materially injurious to properties or improvements in the wamty, because the project will be developed per applicable City Code criteria and will be in concert with the approved master plan Based on the above analysis, staff believes that there are sufficient facts to support the findings D Environmental The variance request is exempt from environmental review as a Class 11 Categorical Exemption pursuant to Section 15311 of the California Environmental Quality Act (CEQA) CORRESPONDENCE This item was advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners wnthin a 300-foot radws of the project site F~ PLANNING COMMISSION STAFF REPORT VAR DRC2000-00494 - MILLIKEN POINT November 14, 2001 Page 3 RECOMMENDATION Staff recommends that the Planning Commission approve Variance DRC2001-00494 through the adoption of the attached Resolution of Approval Respectfully submitted, Brad Buller City Planner BB DF mlg Attachments Exhibit "A" -Site Plan Exhibit "B" - Industnal Area Speafic Plan Subarea 18 Exhibit "C" - Master Plan for Areas 8 and 10 Resolution of Approval +3 OMO-R OX VDLR i)C ]~' 25 I SB SP NICfC l 6p] ] )~ Y W Ti d RV) ® v'• ®V ® 11..1 XM YXUflO ~XROa~ Nft~= =NTFR IS NW CORNER MILUKEN AVE & S TH ST. ,RANCHO CACUMONGA DEVELOPED BY LINDSAY-ONTARIO, LLC, ST LOUIS PARK, MN 1i b , I ° TI I i n~ G • Rancho Cucamonga lASP Sub-Area 1$~'pecihc Plan , . h • Streetscape setback requirements are established according to street clazs~fication and shall be az specifiers in Table S-7 (below) and illustrated in Figures 5-6, 5-7, and 5-8 (except when modified az provided for below). Banding Setbacks Building setbacks shall be az follows (except when modified az set forth below): • r n -As shown per street clazstficatton to Figures 5-6 through 5-8 and Table 5-7. • lntertor Rear-None, except when rear lot azea abuts a side street the setback shall be 5 feet mmtmum, and where tt abuts the golf course the setback shall be 10 feet minimum (Figure 5-9). • Rear Abuttinc Street-As shown per street clazsificarion and Table 5-7 • Interior Side-Five feet minimum. Minimum side yard setback may be waived or modified by the Planning Commission subject to approval of a Mazter Plan application. • Side Abutti~p, Street-As shown per street classification m Table 5-7. TABLE 5-7 STREEI~ 1'SCAPE SETBACS REQUIREMENT'S (Determined from Ultimate Face of Curb) Average Depth of Landscape'` Building Setback° Parking Setback Street Clazsificauon (feet) (feet) (fcet) Major Arterial and Special Boulevard 45 45 25 Secondary 35 35 20 ~~ 25 25 IS ' The average depth shall be uninterrupted from the face of curb, except for sidewalks, pedestrian hardscape, plazas and courtyards, monument signs and golf course security view fences. ° Street frontage walls and fences over 3 feet in height are subject to building setbacks, except golf course security view fences and golf course/driving range/practice facility ball barrier netting (pole . mounted). ` Average landscape setback regwrements shall be averaged from the golf course (Planning Area I) to other planning areaz, but not less than the required minimum parking setback. ,< III. DESIGN CONCEPTS The overall site landscape development shall conform to the standards presented in Section 5 of the adopted Specific Plan The following figures illustrate the application of these concepts throughout the proposed planning areas. The Major Project Entry Treatment, Mmor/Major Parcel Entry Treatment and Parcel Entry Treatment are design concepts that will be applied to future development throughout the Speck Plan area Additional entry locations may be permitted per the Speck Plan Details of these treatments are illustrated withm the Supplemental Design Guidelines document The palette of acceptable trees and details of the proposed Golf Course Edge Treatment for Planning Areas VIII and X are presented within this section of the document PLANNING AREA VIII MINOR PARCEL ENTRY TREATMENT 150' RIQiT TURN IANE GOLF COURSE EDGE TREATMENT MAJOR PARCEL ~ ENTRY TREATMENT MAJOR PROJECT GATEWAY TREATMENT PARCEL ENTRY TREATMENT s - EMPIRE LADS 0 cgdl.~aeGOnvy ~J . RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2001-00494, A REQUEST TO REDUCE THE BUILDING AND LANDSCAPE SETBACK ALONG MILLIKEN AVENUE FROM 45 FEET TO 37 FEET, IN AREA 8 OF THE EMPIRE LAKES SUBAREA 18 SPECIFIC PLAN, LOCATED ON THE NORTHWEST CORNER OF 5TH STREET AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, APN 210-082-81 A Rentals 1 Lindsay-Ontano, LLC, filed an application forthe issuance of Vanance DCR2001-00494, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subtect Vanance request is referred to as "the application " 2 On the 14th day of November 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal prerequisites pnor 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 speafically finds that all of the facts set forth in the Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng on November 14, 2001, including wntten and oral staff reports, together with public testimony, this Commission hereby speafically finds as follows a The application applies to the subtect site, located on the northwest comer of 5th Street and Milliken Avenue, and is currently rough graded, and b The applicant has submitted a Vanance Application requesting to reduce the building and landscape setback along Milliken Avenue from 45 feet to 37 feet, where the Development Code requires a 45-foot wide bwldmg and average landscape setback, and c The Vanance as speafied in the application will not be detnmental to the goals and obtectives of the General Plan or Development Code and will not promote detnmental conditions to the persons or properties in the immediate vicinity on the subtect site for the reasons that follow • i The site is bounded by three streets Milliken Avenue to the east, 5th Street to the south and Fairview Place to the west The three street sides will have full street improvements A 200-foot long nght tum lane is required along the entire frontage of Milliken Avenue in concert with the previously approved master plan Compliance with the normal setback requirements along the three sides of the protect site, combined with the additional dedication of PLANNING COMMISSION RESOLUTION NO VAR DRC2001-00494 - MILLIKEN POINT November 14, 2001 Page 2 right-of-way necessary for the right tum lane, would create a physical site planning challenge not generally found on properties in this zone u The additional dedication needed for the right-tum lane is an ceptional circumstance Without the Variance, the project would be deprived of privileges end ed by other businesses within the same district Additionally, the Bernal of the Variance would no e in harmony with what was approved, the 200-foot long right tum lane, as shown in the mast plan, and ui Because this is a urnque lot with three street sides, an he proposed project will be in the spent of the previously approved master plan, the granting of t Variance will not set a precedent, and iv Granting of the Variance will not be detnmen to the public health, safety or welfare, or be materially intunous to properties or improvements i e vicinity, because the protect will be developed per applicable City Code criteria and will be i ncert with the approved master plan Further, granting of the variance will facilitate dedication needed right-of-way for a right tum lane to handle traffic flow at this intersection 3 Based upon the substantial evidence prese ed to this Commission during the above- referenced public hearing and upon the specific find gs of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and conclud as follows • a That strict or literal interpre on and enforcement of the specified regulations would result in practical difficulty or unneces ry physical hardship inconsistent with the objectives of the Development Code b That there are excep nal or extraordinary circumstances or conditions applicable to the property involved or to the in nded use of the property that do not apply generally to other properties in the same district c That strict o iteral interpretation and enforcement of the speafied regulation would deprive the applicant of p ileges enjoyed by the owners of other properties in the same district d That a granting of the Variance will not constitute a grant of special privilege inconsistent with th imitations on other properties classified in the same district e /`That the granting of the Variance will not be detrimental to the public health, safety, or welfare or atenally intunous to properties or improvements in the vanity 3sed upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this hereby approves the application subtect to each and every condition set forth below / 1) Variance approval shall expire if budding permits are not issued within 5 years from the date of approval /The Secretary to this Commission shall certify to the adoption of this Resolution I g PLANNING COMMISSION RESOLUTION NO 01-102 VAR DRC2001-00494 - MILLIKEN POINT November 14, 2001 Page 2 right-of-way necessary for the right tum lane, would create a physical site planning challenge not generally found on properties in this zone u The additional dedication needed for the right-tum lane is an exceptional circumstance Without the Variance, the protect would be deprived of privileges enjoyed by other businesses within the same district Additionally, the denial of the Vanance would not be in hannony with what was approved, the 200-foot long right tum lane, as shown in the master plan, and ni Because this is a unique lot with three street sides, and the proposed protect will be in the spent of the previously approved master plan, the granting of the Variance will not set a precedent, and rv Granting of the Variance will not be detrimental to the public health, safety or welfare, or be matenally intunous to properties or improvements in the viarnty, because the project will be developed per applicable City Code criteria and will be in concert with the approved master plan Further, granting of the variance will facilitate dedication of needed right-of-way for a right tum lane to handle traffic flow at this intersection 3 Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistentv~nth the objectives of the Development Code b That there are exceptional or extraordinary arcumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district c That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district d That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same distract e That the granting of the Vanance will not be detrimental to the public health, safety, or welfare or matenally injurious to properties or improvements in the vianity 4. The Planning Commission hereby finds and determines that the project ident~ed in this Resolution rs categorically exempt from the regwrements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines 5 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 1) Vanance approval shall expire if bwlding permits are not issued within 5 years from the date of approval The Secretary to this Commission shall certify to the adoption of this Resolution 8 PLANNING COMMISSION RESOLUTION NO VAR DRC2001-00494 - MILLIKEN POINT November 14, 2001 Page 3 APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY ATTEST Larry T McNiel, Chairman Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of November 2001, by the following vote-to-wit AYES COMMISSIONERS • NOES COMMISSIONERS ABSENT COMMISSIONERS 1 T H E C I T V O F RANCHO C U C A M O N G A StaffReport DATE November 14, 2001 TO Chairman and Members of the Planning Commission FROM Brad Buller, Clty Planner BY Emily Wlmer, Assistant Planner SUBJECT VARIANCE DRC2001-00623 -FRENCH - A request to reduce the mtenor side yard setback from the required 10 feet to 5 feet 9 Inches for asingle-family hillside home in the Very Low Residential Distnct (up to 2 dwelling units per acre), that is currently • under construction, located at 5198 Paddock Place - APN 1074-561-21 Related file DRC2001-00049 Backoround The City Planner approved DR00-51 on February 26, 2001, with a 10-foot side yard setback, as proposed by the applicant Dunng the Plan Check Process, the Grading Plan and Architectural Plans were approved with a 10-foot setback on the west side yard and a 15-foot setback on the east side yard, consistent with the Development Code Dunng construction, the Building and Safety Division was notified of a discrepancy in the setback on September 25, 2001, and staff documented the setback non-compliance on September 26, 2001 On September 26, 2001, the engineer for the property to the west re-staked and re-measured the setback at 5 feet 9 Inches from the property line The Building and Saftey Division issued a correction notice on September 26, 2001 The applicant was advised to stop work until the setback discrepancy was resolved The applicant submitted an application for the Vanance on October 3, 2001 Regulations The Development Code requires mtenor side yard setbacks of 10 and 15 feet minimum in the Very Low Residential Distnct The purpose of the setbacks is to provide for light, air, and open space to enhance the quality of life of residents in this Distnct Development Code Section 17 08 090 C 2, Building Orientation, states "placement of the buildings shall be done in a manner compatible with surrounding existing and planned uses and buildings The setback from streets and adjacent properties should relate to the scale of the proposed building " Section 17 08 090C 16 further elaborates "placement of houses in single-family subdivisions is an important element in creating a functional, quality living environment " Code Section 17 08 090 D 3, Scale, states "setbacks and overall heights should provide an element of openness and human scale " ITEM G PLANNING COMMISSION STAFF REPORT VARDRC2001-00623 -FRENCH November 14, 2001 Page 2 The Code establishes a Vanance process "to provide flexibility from the stnct application of development standards when speaal circumstances pertaining to the propertysuch as size, shape, topography, or location depnves such property of pnwleges entoyed by other property in the vicinity and in the same distnct " The Planning Commission has authonty to grant a Vanance request for setbacks if the requisite findings can be made Analvsis The applicant's attorney has wntten tustification which does not support the regwsite findings because it is not based upon the circumstances of the subtect property; rather, their tustification is that the engineer and a cement contractor erred in the foundation location Mr French is the owner-budder for the building permit, hence, has ultimate responsibility for all aspects of construction and to ensure that the protect is completed in accordance with the approved plans and consistent with City requirements The home is currently under construction. In reviewing the request, staff believes that any hardship isself-imposed by the owner-budder in not following their approved plans Staff cannot find any unusual constraints (configuration or topography) to tustify the granting of the Vanance The lot is located on the north side of Paddock Place in the Very Low Residential Distnct The rear yard and west property abut lots that are also currently under construction All homes within Haven View Estates are considered hillside and are required by Code to be approved through the Hillside Review process The home is a two-story design There has never been an approval of a Vanance for a side yard setback in the Haven View Estates • gated community The lots in Haven View Estates are ahalf-acre or more Staff has not had any issues with the 10 and 15-foot sideyard setbacks on adtacent lots FACTS FOR FINDINGS The purpose of a Vanance is to provide flexibility from the stnct application of development standards, however, the Planning Commission must make the following findings in order to approve the request Following are facts to support these findings Finding That stnct orliteral interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the ob~ect~ves of the Development Code Fact Stnct enforcement of the 10-foot minimum side yard setback would necessitate substantial reconstruction of the house Although there was not a practical difficulty or physical hardship presented at the time of plan approval, the advanced stage of construction would result in a practical difficulty in meeting the required setback 2 Finding That there are exceptional or extraordinary circumstances or conddions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same distnct Fact The 10-foot sideyard setback required of the property is regwred of all properties located in the Very Low Residential District The property is more than a half an acre, which is ample room for both setbacks, and all properties within Haven View Estates adhere to this setback According to the approved Site Plan, there is a minimum of . 28 feet 5 inches intenor side yard setback on the opposite side of the lot, which provides ample room to shift the house to meet all setback requirements °~ PLANNING COMMISSION STAFF REPORT VARDRC2001-00623 -FRENCH . November 14, 2001 Page 3 3 Finding That the stnct or literal inferpretat~on and enforcement of the speafied regulation would depnve the applicant of pnvdeges enfoyed by the owners of other properties in the same d~stnct Fact The City, m isswng a bwlding permit, has already granted to the owner-builderthe pnwlege to construct in accordance with all City regwrements The 10-foot side yard setback would not depnve the applicant of bwlding a home or making the home conform to Code requirements All homes m Haven View Estates are regwred to have the same minimum setbacks 4 Finding That the granting of the Vanance wdl not constdute a grant of special pnwlege inconsistent with the l~mdations on the other properties classified in the same d~stnct. Fact The granting of the Vanance would constitute a granting of a special pnvdege that would be inconsistent with the limitations on the other properties classified in the same distnct All properties within the Haven View Estates are required to meet the minimum of 10 and 15-foot sideyard setbacks No Vanance for a sideyard setback has been granted in Haven View Estates 5 Finding That the granhng of the Vanance wdl not be detnmental to the public health, safety, or welfare ormatenallyinfunous to the properf~es or~mprovements in the wcindy Fact The granting of the Vanance could potentially be matenally inlunous to the properties in the viamty If the Vanance were granted, the minimum distance would only be 5 feet 9 inches, thus reduang the setback area significantly and would result m a two-story bwlding mass approximately twice as close to the neighbor as Code would require This is not consistent with the Very Low zornng, which is a minimum of 10 feet Light, air, and open space would be compromised, as well as reduction in pnvacyforthe neighbors Staff has been in contact with the adjacent property owner (October 25, 2001) The owner is willing to consider a lot line ad/ustment, however, both owners have not come to a monetary agreement Staff has also been in contact with the Haven View Homeowners Association (October 29, 2001), which have stated that they concur with the denial of the Vanance because it would set a precedent for below minimum setback requirements in the area Based on the information contained in this report, staff does not believe that the facts are evident to make all of the requisite findings Staff recommends that the applicant work with the adtacent property owner and acquire the additional setback area through a lot line adjustment To approve the Vanance request, the Planning Commission must find in the affirmatwe on all five of the regwsite findings listed above To deny the application, the Commission need to only find that one of these findings cannot be met Staff feels that there are no exceptional or extraordinary circumstances or conditions applicable to the properly . ENVIRONMENTAL The Vanance request is exempt from environmental review as a Class 11 Categoncal Exemption pursuant to Section 15311 of the California Environmental Quality Act G-3 PLANNING COMMISSION STAFF REPORT VARDRC2001-00623 -FRENCH November 14, 2001 Page 4 CORRESPONDENCE This item was advertised as a public heanng in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were marled to all property owners within a 300-foot radius of the protect site. RECOMMENDATION Staff recommends that the Planning Commission deny Vanance DRC2001-00623 and adopt the attached Resolution of Denial. Respectfully submitted, ~t Brad Buller City Planner BB EW\ma Attachments Exhibit "A" -Applicant's Letter dated October 15, 2001 Exhibit "B" - Site Plan Exhibit "C" - Site Photos Exhibd "D" - Correction Notice Resolution of Denial for VARDRC2001-00623 • C~ ~~ • EDWARD M. PALMER ATTORNEY AT LAW 2?9 N Rn~ersrdc tlvenue Rr.dto C'a6fomia 9237A Tclc (909) 874-210'1 Fay (90~~) 874-2523 October 15, 2001 Plamm~g Department City of Rancho Cucamonga Re. Variance - DRC2001-00623/ JUSTIFICATION Dear Sirs/Madam This office represents Mr Dwight French in his effort to have a vanance approved for the above-referenced project. Mr French is obligated to bnng this request for a vanance due to circumstances that occurred dunng the building of lus approved protect As a short history of this matter, Mr French is btulding a residence located m the North Rancho Cucamonga azea. When completed the residence is estimated m the 1.1 million dollar value range. To accomplish 1us goal, Mr. French lured a reputable engineenng firm (Allazd Engineenng) to help lion as anowner-builder for the engineenng and surveying of the property Additionally, he hired a reputable cement contractor to set and pour the foundation. After the forms were set, the City of Rancho Cucamonga came to the site on June 5, 2001, inspected and then signed off on the permit specifically for the foundation Since that inspection, the City of Rancho Cucamonga has mspected and signed off on the permit on at least ten (10) different occasions. No problems were ever noted to the applicant regarding }us protect The residence is now at the mtenor drywall inspection stage and is approxunately 95% complete with only parts of the intenor left to complete The City has now refused to sign off on the remainder of the permit because a discrepancy was noted regazdmg a set back requirement The owner-builder is now at a point where he has invested nearly $500,000.00 m developing the property To remove the structure and re-build would cost another $600,000 00 and therefore is cost prohibitive To remove any structural supports from the residence to meet the setbacks would again cost several hundred thousand in re- engineenng, tear down and re-build and would also reduce the value of the residence to an amount worth less than the cost of the protect In granting a vanance, the Planning Commission must take into consideration several factors In thus instance, if the Commission were to apply a stnct interpretation of the set back requirement, that being 10 feet (9 feet with the 1% allowable vanable) instead of the 5'9" that exists now on the protect, it would result in not only a practical ~xln~ bi+ `'iA'' G ~, Page Two October 15, 2001 Re• Vanance - DRC2001-00623/ JUSTIFICATION difficulty in banging the project into compliance, but also result in unnecessary monetary hazdship as set forth above. The Commission should be aware that the contiguous owner of the affected property has started construction on lus project and has allowed an overage setback so that the distance between the two structures is twenty (20) feet. Next, if the Commission were to stnctly interpret the set back requirement in this case, rt would depnve the applicant of the pnvilege of completing the building of the project, which is a pnvilege enjoyed by other owners in the same zone. The reason for the applicant not being able enjoy this pnvilege is the prolubihve cost of obtaimng compliance with the set back requirement If the Commission were to grant the vanance, it would not constitute any special pnvilege to the applicant that would be inconsistent with the limitation placed on other properties in the same zone, as the applicant would still be required to have a set back, though rt be slightly less than others, the circumstances dictate and almost direct that rt be granted. Additionally, the only other property owner affected by the granting of the vanance would be the contiguous property owner, who does not object to the request. The • granting of ttus vanance is not an any manner detnmental to the public health, safety, or welfare or matenally m~unous to properties m the vicimty. The applicant recognizes that although the City approved and signed off on the permits for the foundation and forms location, one City department does not supersede requirements of the code, However, in this case it appears that the process of granting the vanance is faz less in~unous to the public and applicant than denying the vanance Thank you for your courtesy and anticipated cooperation in this matter r ~ U G~ \~~ SS~OGU. ~I i U~ C \ P~ ~ •\ R w + w 2cy Y~1r 1( \\ ~ fl ~~ti~b~+ f~ S~ 2C S 4$ O fy \ 4 BhPOo SoCSf O 9Pyf~ o Ri `c44 CSf pyi B O 8. ~~+r 'Lc Pf? O ~'2 pE2 ryC y Y \ ~.sx ~o~ Py ~rtP 7 ~: B ~ ~~ S C~ t a~Pa ~$ 1°$sfo ti'a. ~Sf ~*, sf 1. 4 s 1~So 9 ~ i+f ~a.~- ,o .- ° r .« F O ~~ o os (`^R ~. ti~ ~0. bb V GJ~ 7° ~ e ~ ~ e a ~, ~ ~ GJ~.dP/ y1 ?u c° ~. 'Ci/~l- ~ I t l~ 5198 Paddock Place -Property line, trench, and scaffolding. 5198 Paddock Place -View facing the front of the house. ~ ` Y... CITY OF RANCHO CUCAMONGA - 10500 CIVIC CENTER DRIVE BUILDING AND SAFETY DIVISION J t rv ~ C,_ Da4e ^ B CORRECTION NOTI E PERMIT NO. 0 ~t.OC.~~2 ~ l~ /~ LP-~v,u ~ (LCy' C~-(L Q 2yh s8- a1 e N ~ r ~ a~ .v £. '~L/ D E s ~gL ~r rl-~ Inspector's Offlce Hours Inspector 7 00 - 8 00 am Please Make Corrections and Call for Reinspection 4 00 - 5 00 pm (909) 989.1863 . ~~~ b i+ ,,D„ CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE BUILDING AND SAFETY DIVISION To t~ ~~ CORRECTION NOTI E PERMIT NO. S4 ~ r~~ t s -A a- ~' g '"I PEA-.>7 .P~., p~ ~ y L, ,~ E r Inspector's Ofllce Hours Inspector 7 00 - B 00 am Please Mak Cortecdons and Call for Remspechon 4 00 - 5 00 pm (909) 989-tas3 7' ~,H "% ~~ RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VARIANCE NO 2001- 00263 TO ALLOW A REDUCTION OF THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 10 FEET TO 5 FEET 9 INCHES LOCATED AT 5198 PADDOCK PLACE IN THE VERY LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 1074-561-21 A Recitals 1 Dwight French filed an application for the issuance of Vanance DRC2001-00263, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subtect Vanance request is referred to as "the application " 2 On the 14th day of November 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date All legal preregwsites 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 speafically finds that all of the facts set forth in the Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng on November 14th, 2001, including wntten and oral staff reports, together with public testimony, this Commission hereby spenfically finds as follows a The application applies to property located at 5198 Paddock Place, with a street frontage of approximately 135 feet and lot depth of approximately 210 feet, and is presently under construction with atwo-story single-family home, and b The properties to the north, south, east, and west are single-family residences, and c The Development Code requires single-family residences within the Very Low Residential Distnct to maintain a minimum interior side yard setback of 10 feet, and d The applicant is proposing to reduce the required intenor side yard setback to 5 feet 9 inches to allow the newly constructed home a lesser setback, and e The application applies to property currently under construction with asingle-family custom home, and f All of the surrounding properties with single-family homes meet the requred side yard setbacks, and U-'~~ PLANNING COMMISSION RESOLUTION NO VARDRC2001-00623 -FRENCH November 14, 2001 Page 2 3 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng and upon the speafic findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That stnct or literal interpretation and enforcement of the speafied regulations would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code, and b That there are not exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same distnct, and c That stnct or literal interpretation and enforcement of the speafied regulation would not depnve the applicant of pnvileges enjoyed by the owners of other properties in the same distnct; and d That the granting of the Vanance will constitute a grant of special pnwlege inconsistent with the limitations on other properties classified in the same distnct, and L e That the granting of the Vanance will be detnmental to the public health, safety, or welfare or matenally injunous to properties or improvements in the vianity 4 Based upon the findings and conclusions setforth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Larry T McNiel, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of November 2001, by the following vote-to-wit AYES COMMISSIONERS . NOES COMMISSIONERS ABSENT COMMISSIONERS ~ t ~ PLANNING COMMISSION RESOLUTION NO 01-103 VARDRC2001-00623 -FRENCH November 14, 2001 Page 2 3 Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That strict or literal interpretation and enforcement of the specified regulations would not result in practical difficulty or unnecessary physical hardship inconsistent with the obtectives of the Development Code, and b That there are not exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district, and c That strict or literal interpretation and enforcement of the speafied regulation would not deprive the applicant of privileges entoyed by the owners of other properties in the same district, and d That the granting of the Variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and e That the granting of the Vanance will be detrimental to the public health, safety, or welfare or materially intunous to properties or improvements in the vicinity 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the application 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2001 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Larry T McNiel, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of November 2001, by the following vote-to-wit G -// -- L M+q~ I' ~~'w ~, •;, .k , -~ ~, '~ V ,, ~3'~ o-CV, ~~, 1 ~ v ~{ ~ r s A ~ ~~ / ~ `, 5 .a ~, , ~ .'~F~~ -„ „ M . W ..• •~ t ~ •~t;~~' JJ//yy,, ~ ,- ;~,. ~~ a~ ~ ~F v' . • : j ~ ~ r ~~ ,~~ >j~~~ ~ 9 r. ,~,~ ~ ~ ,~ ~s °n ~ ,j ~~ .~i~ ~+ r' ~ `~ i ply ,~ j ~ ~/ S ~' i ' ,~. - ~. ~~ ~'~ ,~ A-~ _ r 7 i n ` ~/ J ~ ti t ~ _.~~ E~~,.. a ~' .~ ...~ 4-0 h R" ~~~r ;~n~ y~~T1~; a ~~; ~ ~~' `~~ ~ ~~'~#~~ .~" ~~ ~ ~~Q ~~ fif , y r ~A~ ~, ~` ~~Y i 1 ~~ r ,~ ., i . ~~~ ~ -= _ r ~~ .~_ ~4~ g~y~ ~ E _r ~ .- ~ ~~ ~r x, ~ o~' . z ; ~: F i.~ ~ ~~ ~i/ ~/ ~ " , ~ , ~~ ~• ~? 4 ~~ ,w ~. ~ ~, , ~~,: a ~; 4, ` . ',~o ~` ~r ~• K'!~e 4 :~ ,. ,., ;..~ F; ~ ~ t `~~f~ r ~' f 1~ ''~ ~~r',