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HomeMy WebLinkAbout2005/07/13 - Agenda Packet~~ • • a THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA CuRcn~i~tcoNCn July 13, 2005 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman Maaas _ Vice Chairman McNiel _ Fletcher _ McPhail _ Stewart _ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES June 22, 2005 N. CONSENT CALENDAR The /ollowing Consent Calendar~tems are expected to be routine and non-controversial They will be acted on by the Commission at one 6me without discussion If anyone has concern over any dem, rt should be removed for discussion A MAKE A FINDING THAT DISPOSAL OF CITY OWNED PROPERTY PER GOVERNMENT CODE SECTION 65402 LOCATED ON THE NORTHWEST CORNER OF EIGHTH STREET AND BAKER AVENUE IS IN CONFORMANCE WITH THE GENERAL PLAN - APN 207-541-60 B DEVELOPMENT REVIEW DRC2004-01107 - TRIMARK PACIFIC HOMES, L.P -The design review of building elevations and detailed site plan for 23 single family lots on 17 2 acres of land in the Very Low Residential District (.1 to 2 dwelling units per acre) in the Etiwanda Specific Plan, located on the west side of East Avenue, south of Wilson Avenue - PLANNING COMMISSION AGENDA July 13, 2005 IZnxceo CUCAMONGA 2 APN 0225-122-06, 49, and 50 Related Files. Preliminary Review DRC2004-00466 and Tract Map SUBTT16113 On June 27, 2001, a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Tract Map SUBTT16113 The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent protects or minor revisions to protects within the scope of a previous Negative Declaration C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00822 - KB HOME GREATER LOS ANGELES INC. -A request to review site plans and elevations for 15 single family detached homes on 5 02 acres of land in the Low Medwm Residential District (4-8 dwelling units per acre), located at the northeast corner of Candtewood Street and Etiwanda Avenue -APN• 1100-031-01 thru 04 Related Fdes Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, Variance DRC2005-00186, and Tree Removal Permit DRC2004-00824 Staff has prepared a Negative Declaration of environmental impacts for consideration D ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW - DRC2004-00981 - CECIL CARNEY - A request to develop eight industrial bwldings totaling 48,048 square feet on 3 35 gross acres of land m the General Industrial District (Subarea 2), located on the south side of 9th Street, east of Lion Street -APN. 0209-013-48 Related File Tentative Parcel Map SUBTPM16899 Staff has prepared a Negative Declaration of environmental impacts for consideration V. PUBLIC HEARINGS The following items are public hearings in which concerned mdiv~duals may voce their opinion of the related pro/ect Please wart to be recognized by the Chairman and address the Commission by stating your name and address All such opm~ons shall be limited to 5 minutes per ~ndroidual for each pro/ect Please sign m after speaking E ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16643 - KB HOME GREATER LOS ANGELES INC - A request to subdivide 5 02 acres into 15 numbered lots for the purpose of developing 15 single family homes in the Low Medwm Residential District (4-8 dwelling units per acre), located at the northeast corner of Candtewood Street and Etiwanda Avenue -APN 1100-031-01 thru 04 Related Files Conditional Use Permit DRC2004-00825, Development Review DRC2004-00822, Variance DRC2005-00186, and Tree Removal Permit DRC2004-00824 Staff has prepared a Negative Declaration of environmental impacts for consideration • l J PLANNING COMMISSION AGENDA July 13, 2005 C~ oNC,n 3 F. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2004-00825 - KB HOME GREATER LOS ANGELES INC - A request to review site plans and elevations for two single family detached homes fronting Etiwanda Avenue on a portion of Tentative Tract Map SUBTT16643 on 5 02 acres of land in the Etiwanda Avenue Overlay District and Low Medium Residential District (4-8 dwelling units per acre), located at the northeast corner of Candiewood Street and Etiwanda Avenue -APN: 1100-031-01 thru 04. Related Fdes Tentative Tract Map SUBTTi6643, Development Review DRC2004-00822, Variance DRC2005-00186, and Tree Removal Permit DRC2004-00824 Staff has prepared a Negative Declaration of environmental impacts for consideration. G. VARIANCE DRC2005-00186 - KB HOMES GREATER LOS ANGELES INC - A request to allow sound walls at the southerly portion of Lots 4, 5, 13, 14, and 15 of proposed Tentative Tract SUBTT16643 to be up to 13 feet in height -APN 1100-031-01 thru 04. Related Files: Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, Development Review DRC2004-00822, and Tree Removal Permit DRC2004-00824. H CONDITIONAL USE PERMIT 88-45 AND ENTERTAINMENT PERMIT 91-03 -MARGARITA BEACH - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially infurious to properties in the vicirnty The Planning Commission will consider modification or revocation of the approved Conditional Use Permit and Entertainment Permit (Continued from June 22, 2005) I ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP - SUBTPM16899 -CECIL CARNEY - A request to subdivide 3 35 gross acres of land into 8 parcels in the General Industrial District (Subarea 2), located on the south side of 9th Street, east of Lion Street - APN 0209-013-48 Related File Development Revew DRC2004-00981 Staff has prepared a Negative Declaration of environmental impacts for consideration. J TIME EXTENSION FOR TENTATIVE PARCEL MAP SUBTPM15699 - BCA DEVELOPMENT - A request for a time extension for a previously approved tentative parcel map to subdivide 248 63 acres into six parcels, part of a larger protect which includes a request for a parcel map and two tentative tract maps to subdivide 248 63 acres of land into 632 lots for the purpose of single-family home construction in the Low Residential District (2-4 units per acre) of the Etiwanda North Specific Plan, located north of PLANNING COMMISSION AGENDA July 13, 2005 jjnxceo Cuc~oNC~+ 4 Wilson Avenue, east of Day Creek Boulevard, and west of Etiwanda Avenue -APN 0225-071-37, 48, 50, and 51 and 0225-081-08, 09, 11, 14, and 15. Related Files. Tentative Tract Maps SUBTT16226 and SUBTT16227 Staff has found the protect to be within the scope of the protect covered by a prior Environmental Impact Report and a Supplemental Environmental Impact Report both certified by the County of San Bernardino Board of Supervisors in June 1991 and October 1999, respectively and an Initial Study Addendum certified by the City of Rancho Cucamonga in August 2001, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report K TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16226 -BCA DEVELOPMENT - A request for a time extension for a previously approved tentative tract map to subdivide 92.78 acres into 265 lots for single-family home construction The tract is part of a larger protect which includes a request for a parcel map and two tentative tract maps to subdivide 248 63 acres of land into 632 tots for the purpose of single- familyhome construction in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda North Speafic Plan, located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue - APN. 0225-071-37, 48, and 50 and 0225-081-08 and 11 Related Files Tentative Tract Map SUBTPM15699 and Tentative Tract Map SUBTT16227. Staff has found the protect to be within the scope of the protect covered by a pnor Environmental Impact Report and a Supplemental Environmental Impact Report both certified by the County of San Bernardino Board of Supervisors in June 1991 and October 1999, respectively and an Initial Study Addendum certified by the City of Rancho Cucamonga in August 2001, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report L TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16227- BCA DEVELOPMENT - A request for a time extension for a previously approved tentative tract map to subdivide 144 94 acres into 367 lots for the purpose of single-family home construction The tract is part of a larger protect which includes a request for a parcel map and two tentative tract maps to subdivide 248.63 acres of land into 632 lots for the purpose of single family home construction in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda North Specific Plan, located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue -APN 0225-071-51 and 0225-081-09, 14, and 15 Related Files. Tentative Tract Maps SUBTPM15699 and SUBTT16226 Staff has found the protect to be within the scope of the protect covered by a pnor Environmental Impact Report and a Supplemental Environmental • C~ n u • PLANNING COMMISSION AGENDA July 13, 2005 RANCHO CvcAMONCA 5 Impact Report both certified by the County of San Bernardino Board of Supervisors in June 1991 and October 1999, respectively and an Initial Study Addendum certified by the City of Rancho Cucamonga in August 2001, and does not raise or create new environmental impacts not already considered m that Environmental Impact Report and Supplemental Environmental Impact Report. M TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER - A request to subdivide 1 28 acre of land into three lots in the Low Residential Distract (2-4 dwelling units per acre), located at 7510 Hellman Avenue - APN 0208-162-38. Related file. Tree Removal Permit DRC2005-00394 This action is categorically exempt per California Environmental Quality Act Guidelines Section 15315 Minor Land Dvisions N. TENTATIVE PARCEL MAP SUBTPM16728 - DIPONIO - A request to subdivide 3.04 acres of land that is partially in the Very Low (VL) Residential Distract (about 2 01 acres) and partially in the Flood Control (FC) District (about 0.84 acre) into three parcels, located on the north side of Hillside Road, at Alta Loma Channel - APN:1074-161-16 This action is categorically exempt per California Environmental Quality Act Gwdelmes Section 15315 Minor Land Divisions. VI. PUBLIC COMMENTS This ~s the time and place for the general public to address the commission Items to be discussed here are those that do not already appear on this agenda VII. COMMISSION BUSINESS VIII. ADJOURNMENT The Planning Commission has adoptedAdministrat~ve Regulations that set an 11 00 p m ad/ournment time If dems go beyond that time, they shall be heard only with the consent of the Commisston. PLANNING COMMISSION AGENDA July 13, 2005 jtnrrceo 6 CUCAMONGA 1, Gatl Sanchez, Planning Commission Secretary of the Ctty of Rancho Cucamonga, or my designee, hereby certtiy that a true, accurate copy of the foregoing agenda was posted on July 7, 2005, at least 72 hours poor to the meeting per Government Code cho Cucamonga n Section 54964 2 at 10500 Civic Center Dave, Ra ~ / If you need special assistance or accommodations to partiapate in this meeting, please contact the f tanning Division at (909) 477-2750 Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ® ensure accessibility Listening devices are available for the hearing impaued \J U Vicinity Map Planning Commission July 13, 2005 ~~,. • • * Meeting Location Rancho Cucamonga City Hall 10500 Civic Center Dnve Rancho Cucamonga, CA 91730 N City of Rancho Cucamonga • T H E C I T Y O F RANCBO CQCAMONGA Staff Report DAiE July 13, 2005 TO; Chairman and Members of the Planning Commission FROIyt Dan James, Senior Civil Engineer BY: Joe Stofa, Jr., Associate Engineer SUBJECT: MAKE A FINDING THAT DISPOSAL OF CITY OWNED PROPERTY PER GOVERNMENT CODE SECTION 65402 LOCATED ON THE NORTH WEST CORNER OF EIGHTH STREET AND BAKER AVENUE IS IN CONFORMANCE WITH THE GENERAL PLAN (APN 207-541-60). BACKGROUND/ANALYSIS: • The subtect property located on the northwest corner of Eighth Street and Baker Avenue was inherited from the County of San Bernardino in 1977 when the City was incorporated. The narrow stnp of property runs just south of the railroad right-of-way and is 68 feet wide at the west end and 85 feet wide at the east end and approximately 1320 feet in length. The total area is 2.31 acres. Staff has determined that due to the configuration and location of the property, it is not in the City's best interest to develop for their own use and the property should be declared surplus and offered for sale. The General Plan does not designate this property for any specific City use. Therefore, disposal of the property is consistent with the General Plan. RECOMMENDATION: Staff recommends that the Planning Commission make the finding through minute action, per Government Code Section 65402, that disposal of the property conforms to the City's General Plan. This finding will be forwarded to the City Council for consideration of declaring the property as surplus and further processing for sale. Respectfully submitted, ~~~ Dan Jame Senior Civil Engineer Attachments: Vicinity Map Item A Por. 7roe! No 94461M B 19!/60.65 RanaAo Cyeamanpa pry zpf-54 7Ct fbda Am ._ISDJI __. ~T r wY Y N wr r ~ t . r a' w F i N O a , ~w ~~ e I ®la ®11 ®!0 ©nl ©u ®Ya <YN ®ia Cxl l9eT ®L ® ® A ~ 11 v y u .. r ey ®a I ~I © ~A p b p ~ .W ,fib L#I N ~ 2 O r C! - CI n ¢% ®u C9 t ®,I c/ ~ ®a ®A ®y. ®a YY ®D a Y P I Q M * pp ~ a ° ~ a w w ~ ~ N .~a• bw• w Y .• wr ~{ r fl w N N K w .a • w ~hr ~ a~ Z • i •.r. wai ~ 1 ~ ~ 11 , 1 ~la AI /~ /~~ !A~ p~~ /~~~ A ~a QW ®Oa '~T O•`J ~u Qao OIr l1N Qa C4a0 ~9 ~ ~ V.N ®'n ®Q ®O ®N ®a .L T p a N w ur Y N wa Y e Ia N ~~ u Q u Ys. ba r.. um w r v.e YMMHFf IM Mara aeeeail ~1 6 t ° l oarrx •------ -- -- -- -SET i,~..~ _ -~ r-~--~ r---~ os 1 2 ~ aauuor4 Mao PocSKW,Sm9 BooM2p7, R' Ih Csesrpefaa{~W,MH~q IIS~R711 Sall &II" ~, 3 ~ ~FS Sv a fEcT pRo PE RT•Y CITI' Of RANCI 10 CUCJ1\•IONCA ENGINEERING DIVISION VICINITI' 1\9AP~ 2 n N title; page s~~~ DATE: July 13, 2005 TQ: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Donald Granger, Associate Planner SUBJECT: DEVELOPMENT REVIEW DRC2004-01 1 07 - TRIMARK PACIFIC HOMES, L.P. -The design review of budding elevations and detailed site plan for 23 single-family lots on 17.2 acres of land in the Very Low Residential District (.1 to 2 dwelling units per acre) in the Etiwanda Specific Plan, located on the west side of East Avenue, south of Wilson Avenue - APN: 0225-122-06, 49, and 50. Related Files: Preliminary Review DRC2004-00466 and Tract Map SUBTT16113. On June 27, 2001, a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Tract Map SUBTTi 6113. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is regwred for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. PROJECT AND SITE DESCRIPTION: A. Project Density: 1.34 dwelling units per acre B. Surroundino Land Use and Zoning: North - Vacant; Low Residential, (2-4 dwelling urnts per acre), Etiwanda North Specific Plan South - Single-family dwelling and Fire Station 176; Estate Residential (1 dwelling unit per acre), Etiwanda Specific Plan East - Vacant; Neighborhood Commercial and Very Low Residential, (.1 -2 dwelling units per acre), Etiwanda Speafic Plan West - Cucamonga Valley Water District, Water Treatment Plant; Very Low Residential (.1-2 dwelling units per acre), Etiwanda Specific Plan C General Plan Designations: Project Site -Very Low Residential (.1-2 dwelling units per acre) North - Low Residential (2-4 dwelling units per acre) South - Very Low Residential (1-2 dwelling units per acre) East - Neighborhood Commercial and Very Low Residential (.1-2 dwelling units per acre) West - Very Low Residential (1-2 dwelling units per acre) D Site Charactenstics• The site is bounded by the extension of Wilson Avenue to the north, recently constructed Fire Station 176 and a few single-family dwelling units to the south, East Avenue to the east, and Cucamonga Valley Water Distnct's water treatment plant to the west. The project site has a final map (Tract Map SUBTT16113) and has been rough graded. Item B PLANNING COMMISSION STAFF REPORT . DRC2004-01107 - TRIMARK PACIFIC HOMES, L.P. July 13, 2005 Page 2 ANALYSIS: A. General: The project site has a final map, Tract Map SUBTT16113, and has been rough graded. Tract Map SUBTT16113 was approved on June 27, 2001, which was prior to an amendment to the Development Code that now regwres all lots within the Very Low Residential Distract to have a lot depth of 200 feet. Although several lots are defiaent in meeting the 200-foot depth regwrement; the developer has successfully plotted all corrals to meet the 70-foot radius requirement from all adtacent dwelling units, The density of the protect will be 1.34 dwelling units per acre. Under the Etiwanda Speafic Plan, this protect is developed under the Basic Development Standards; and although no specific architectural style is required, the project must meet the design goals of the Etiwanda Speafic Plan. The proposed protect consists of three floor plans (one 1-story and two 2-story) with five architectural styles that range in square footage from 3,878 to 5,078 square feet. All of the proposed architectural styles are appropriate to the goals and obtectives of the Etiwanda Specific Plan, incorporating traditional elements with a rural emphasis. The applicant has made good use of porches, traditional materials, and variation in the root planes. The architectural styles proposed include Tuscan, Traditional, Executive Farmhouse, Adobe, and Monterey design themes. All plans have articulation in the footprints and the wall planes, thereby, avoiding °box on box° building forms. All plans have been designed with decorative driveways. Most plans have been designed with front porches, another design goal of the Etiwanda Specific Plan. B. Trails Review Committee: The protect was reviewed by the Trails Committee on May 11, 2005. The Committee reviewed the project and recommended that the protect be reused. The Committee specifically indicated that the corrals shall be either trail adtacent or as close to the local trail as possible while maintaining the 70-foot separation regwrement from adtacent dwelling units. The Trails Committee indicated that if the applicant revised the protect successfully, the Committee was comfortable with Design Review Committee reviewing the protect on May 17, 2005, since Commissioner McPhail sits on the Trails and Design Review Committees On May 17, 2005, revised plans were presented at the Design Revew Committee meeting and were reviewed by Commissioner McPhail. The Planning staff indicated that the applicant had revised the plans to meet the regwrements of the Trails Committee. Commissioner McPhail concurred that the applicant had successfully revised the plans. C. Desicn Review Committee: The protect was reviewed by the Design Review Committee (McPhail, Stewart, and Coleman) on May 17, 2005. At the May 17, 2005, Design Review Committee meeting, the applicant presented revised drawings in response to staff's comments. The Committee reviewed the project and recommended approval. D. Gradino Review Committee: The protect was reviewed by the Grading Committee on May 17, 2005 The Committee approved the protect subtect to the following conditions. 1) Provide a parkway culvert at the down slope at the end ofall v-gutters; and 2) Provide a drainage easement and concrete ditch at the rear of Lots 4, 5, 7, 8, 11, and 12. The Committee's condition has been included in the attached Resolution of Approval. E. Technical Review Committee: The Technical Review Committee reviewed the protect on • May 17, 2005. The Committee recommended approval of the protect subtect to conditions contained in the attached Resolution of Approval. /~ a' PLANNING COMMISSION STAFF REPORT DRC2004-01107-TRIMARK PACIFIC HOMES, L.P. July 13, 2005 Page 3 F. Environmental Assessment: The proposed Development Review is for the design review of building elevations and Detailed Site Plan for previously recorded Tract Map SUBTTi6113. A Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Tract Map SUBTT16113 on June 27, 2001. The proiect will be required to implement all mitigation measures adopted in the previous Mitigated Negative Declaration, thereby, ensuring that any potential impacts of the project will remain less-than-significant. Staff is of the opinion that no further environmental review is necessary because; (1) all potentially significant effects have been analyzed adequately under the Mitigated Negative Declaration adopted on June 27, 2001, for Tract Map SUBTT16113, (2) the proposed Development Review will not raise or create new environmental impacts not already considered in the previous Mitigated Negative Declaration. No new environmental information has been presented that would raise or create new or adverse impacts not already considered in the previous Mitigated Negatroe Declaration; and (3) the California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. NEIGHBORHOOD MEETING: The applicant conducted a neighborhood meeting on March 31, 2005, at Summit Intermediate School. No residents attended CORRESPONDENCE: Staff required the applicant to post a large 4-foot by 8-foot Notice of Filing sign on the property. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review DRC2004-01107 through the adoption of the attached Resolution of Approval with Conditions. Respectfully submitted, rail City tanner BB.DG/ge Attachments: Exhibit A - Site Utilization Map Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Draft Res - Site Plan - Conceptual Grading Plan - Conceptual Landscape and Wall/Fence Plan - Floor Plans - Building Elevations - Design Review Committee Action Agenda Dated May 17, 2005 - Trails Committee Action Agenda Dated May 11, 2005 - Initial Study olution of Approval for Development Review DRC2004-01107 ~~~ D SITE UTILIZATION MAP VACANT 9 MWD PIPELINE ~ 12" WATER MAIN / 84" STORM DRAIN 24TH STREET s (WILSON A UEl s 225-~2-5 6!0 Bbl ® F ~, ~ ~ T ~ ~~ a ~ Q ~ a 4 , y y Q TRACT 16113 ~~^• ~O SITE BOUNDARY ~°A" ° '~ J oxen PAa x PA9 1 «.~ © ~ 225-122-90 ~ c z . 99 .c IJ 9o AC IM Sf leln 19tH I pA,p 225-122-67 ® FIRE STATION PAfl 3 ~~ an Ac p M 28 ~--_-- -------- SlAGA?.T- p 6s®C z ® 225-122-42 164 AC VACANT SCALE 1 =100' 225-, Ia0J5 CM/L VACANT - - 225-131-1fi - - - -~ 15H AC M/L Z ® ~ 5 TRACT 16114 IISU <y +, 225-7J1-22 PARK SITE le oz Ac 45 W/LSON Al/ENUE TRACT 1 61 13 SITE P LA N !J ~~ !I 1J 15 16 70 9 S B 7 'T 17 1~ 6 ~( ~ ,a ,9 10 zi W z ~ 22 Q zJ , ~ W ~' ~ .-= ~ FIRE ` ' STATION x r tt 0 z PREPARED BV scn~E )'=so' ®PHB & ASSOCIATES,INC. iem same wiw ~wuc awoov.~ cusonw oiza leza) vn-azx rep (ma) av-sme --. ,E 4 9 1 ~` a, ~v //~~ z (` JJ \Y T (`~ z O ~ Z~ U `-`~ ~w ~- ~jY ~b C ~~ ~a" r SAF F~ g~@ @ ~~ ~¢~ ~ tl~6 ~a @e : $~ ~~ ~~ ~~~ 4pb t ~ ~ ~ b e f @ s e~5§~y ~~~ ~~, ~~ 6 y~~ y6x s Y W ~a X3`9 €~ E~ ~; E~ 3 Y~~ o ~~ 6e ~~ ~~ ~r Yi ae ~~"~ Z ~ ~E ~3' ~g ~~~ ~b ~ Rs~~ ~~ ~~~ z }~ ~ ~ ~~ °gg 3p ~ ~ ~ ~ ~~ ~~~ @g~ yg~ 5 ~ p~p$: ~g~y~ ~ ~~~@~E~ kpp~pQ @ ~ ON,tl3 ~~iiE~C@B~E~EE€E YYE 4F ~ I ae@C lg4kk~~ 11 I aQ SIS 3Bi9 _z_ ~~ A m~ 4 ~~ 7 ~~~~~~~~~~~~~ ~~~a~y ~~~~ pp !p g(g ~ py ~ a ~~~ d b3 Y~ Y ~4 4 b ~~ i ~ g~ ~ ~~au ~ Q~ ~ ~~ ~ ~~ 6~~ ~ ~~ ~~ ~ ~~ ~ r~ ~ ~~ ~ ~ ~~ ~~ ~~~ ~ yyyy~~ ~qqg~~ a ~~ ~s~ q ~~ ~ ~ ~~ € ~ r ~ g1 b ~~4 bp~~ ~q~ bka 8A p ~~ q'@@ ~~ {9 [ g ~Pvy ~."~ ~~ ~ ~~ ~ pryApG ~E@p~pp Fp~ gppgpgd a3~ §~~ gag &~ be $~4~~ ~ ~(P~ "~~~ ~° a ~ ~~ 8~ q I~@4 SeS da fy 9°! py i~ c&""~ ~~ ~~i ~ ~ ~4b Ufa pp ~ ,.. 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' ~ ~~~ j~ i ~ e 'i e '~~i ~It ~~ti i ~..... ~i, '..• ~~ di E Itl~ a ~~~ ~';;~~ e ~~ 3 4 ~' i~~ ~ ` t B. - r ~ ~ ~ ~ ~ ' I~~ ; kI.L q ~ 1 I 'Xiti: . n ~ r ~ ~, o e ~ ~j~ i ~ ,~ I.: i n _ n I ~~ . ~~ r i ,I 'r ~_. _. ... i i ~ ~ ~ s ~ ~ ~ ~.~ iii ~ ` I ~6' i' pi~i .,.. ~ .:~ is i ~~IG z g a ~ta~~ w ~ z ~ o~ ~~ Zoo _~ a~~ 0 J d Qo~; ~g ~°~al ~~g • i • i ;; ~~~~ ~~i i !l~tl~l ,~ l~~~~~~ld~~,~~ ~ l~E~~ !~ E ~ ~~ ~! !I ~~~~3 ~ ~~~~~ll Esl ~l~~Il~c~3~~~~ E ~~~~! g~~ ~~ ~ ~ ~ , ~~~ ~~ ~~ ,~ ---- -- ~; ~~ ~~ 3 n '~, I ~ "r~ a ~, yam. ~I E- II ~ 1 II ~ I FI ~I ~ _ !i ti b i' ~ !d _ ~~ _ ~.' ,; ~ ~ °~ ` I ;~ ,' ~ Z .. i $~ ~ ~; ~>< `,i~ s W tt~ ~~ ~ a ' ~- 3 " '~ ~ a ~ Q i~ ~ ~ r~ ' U ~ •••kti I ~ i Q d a. N~ ,J~~_. ,~, PLAN PLAN © RANT GAtmIDA7B Accvir 11~! ® rorx / /r<alr lN6Cf ~ ~~ ~ "ur ~.'...~ Q x.~ / mac eHaee -. e ~~a~, ~~ ~~ a O ww i ro~ea,w ~a.e FRONT YARD TYPICALS BRIDLEWOOD TRACT #1Qtt8 RANCHO CUGMONOI~ CA, r~~w TRIMARK PAORC HOMES o~° ~mr.~iveuKSUrt+~we~EUbalxs~ IRRIbA~ON N07E9~ ~. ~_ r w~iwiwa~ iv.w NORTH .~, ~~ .H.rr . e' ...e,...'~ .~.. .c--~rcr J • d~ ~ ~~ PLAN 3 FRONT YARD TYPICALS ~..w TRIMARK PACIFIC HOMES m J,~~ _. ~ fl.Wf G/J~IDA7L9 ~ © AUDIT Tl~e ~o~uwnuiwawla wT.WImNYO~~ • .(•L./ ..,.. ~ - ~3: ~..~. .~. ®rocr~ ~A~c~ ~ ~ _ a,n..:" rsm.~r I.W.,,,.. ~~ .__.._, _.._ O x.~+M~>,~ r~u"' _ °- ,~su - _ „ d , '° PLAN 1 ~ ._,_ ~~~ ::.."ik _ r~~ • 5. k ____ ww.~ IM e/ fO1C6wa111D d~6E9 Q . r :~ w wKra°-y _ ~nR \~ _ ~wm Iw.wY..~~~ wYJ.W ~= a:- ` ~* \ , °"'.~`as-. ~ ?5 • • ~' ~- _ ^-row xs89TML gRa +'-438 wY.' ~~WI. '4E3diS~ ~ 4EY i'ns~' f id __D -j8~~P a+ taa-a-a ~ • ~ Iw-._ YlR1OPW °I \ iBf53N ~~ IIO¢IbATON N07G°~ ~rr~..~ s~iri ~~~.~~~~ /~ w+aw NOHiH .~^. .~.~.. a . .G ~'V t~ r ~.~. ..... OPT. Q.TJB ItM. AT TANDEM,OAR, p ~.....~...,.._ b ii mwm nnevawva ~uuw.w.var 1 w.vaw~.~~ simwa .a. ~ e OPT. BHD S AT OPFICH BRIDLEWOOD City of Rancho Cucnmongn irewark Pamlm Hem.. Plnn 1 Tere.1 J,B00.L D..~e• 31878.E 1 B.droea 35 Beth Llkmrq •Olllc• S-Car Gsreb• ir.et 4 16115 b IB114 R1$STMN U0.'NI ~mm eva vva eaa snw Am w e'•ru°rtl°°v`sa • 'EJ~Vt^zB~T i ~~ \ tl A ~ ~ , BEEEEE 0 = v lea°^: Q 0 O e = 0 ~'m" o nm ~ e 1~ w 0 W ~ P+'~ ~..tu tl O ~ 1 ~ 0 ] (~ a i ~ e o j ,~ ~ ~~~ ~ ~ U p"° •,o oU ~ * 1 o (~ y J V~ ~ E _ .~ ~ e- GO~ 04 ° o n ~ tl ~ ~ 0.i ~J~~ ,1 a ~ ro eaasaa O e o e ~ 6E89e8 nOGeei e V r ~ e u ° a ~ ~_ 1 3 7 w wv ~ Q e a g il> > O V a u e CO a ~ ~ P4 • ~Xt*~6zT ~-Z ~~~ ~~ J .®.,. , p q... OPT. POOL BATH . OPT. CLUB RM AT OARAOE aam .aou ~.•. ne OPT. CLUB RM AT 6ARAOE BRIDLEWOOD City o{ Rancho Cucamonga Lm..k P.ml~e Me... Plan 3 T..d.~ S,000.L D..~e. g078.L 7 B.dmeq 4S Be16 Le(~+W kre.q 4-C•r G...e. i..e~(Y 101158'16111 81iFTMN VQN ~mm xmw nea ema ~~ sea ma ~xNnO°°°.vrea a O ro a ; easasa 6QaPm8 O p Q ~ a L ~ ~ nCaase , '` ,~ 3 3 ~ - a = ~.~~ ~ 3 ~ w _ U ~ _e °" ro + ']I ~~ S ~ A V ' a ~ E~ . a ~ u e PCl 0 r a i z ~.;" LEGENR A-3~ 9. D.m.o..PdC.1~ C-S~a.Vr D-° . • V~w.T.w E- P.~.. Sm.md P- CmesSTJ. G-3~dWmdiWrLh H- Dm.x..lLbib6.sC~. Ebs I- 9r®907.s J. quelWe.ewlvGr. BRIDLEWOOD City of Reacho Cucamonga Ll...k P..dl. H.... Plan IA i. m.. Pro.! b' Hoer El.~e!!o. Trsel M 16113 & ICi14 KOdi MS4NM1 1/A"N mmm Vn oooa IGILVMA t i N i.eceNn w_s„® n_ D.m....ne.c~ c-s~.v_ D-6wkV~Lr e_ eo.s.,,,ot e_ ~..sru. c-s~.awmanavrk H- o.m....ni.aw-.rs...m 1_ sr®sur~ 1_ W..+w..ayk..~w. BRIDLEWOOD City of Rencho Cucnmongn Lt.ok Pmtim H..o Plnn ]A r.. Rtekt & L.u 01...u.. _I'-I LOLL Tnet 1- 161I! & IE114 e~n,W t//Z~ 0WQ1 41L.IW6 lGleiylfA N -d N r I.eceHQ w_Dm,„.,wmasr~. a_ wdr.~. C-Ga.rewru. D-bJ~-roWdCdO. e- ~.m.wmaa~i.~.as>b P_ Dmw.N.~.IW6.yG.y.Da G_ Sr® H-9bmT~ BRIDLEWOOD City of RancLo Cucamonga Ll~ah Psmlm Hoe•~ Plan 1B 7isdLLlo••1 P.e.~ 8' R••. El...ue. T~sc1 V 1Ei1D N 16114 Renr 81CadnN VORJ ~~ mam mom rwu.w*r-0 .' ~~ ~aa~3~ ~3~~~~~~ <FUq•SstiC V A a r M O a -~~N-sB mac- F -3 Id ~' e @ A a o ~ s O o • o e O = • tl y • ~~ 3 p = ~ Z}~~j~i e AU o . C. ~..b B ~ V B e f~ O ~ ~. P4 ~ i • ~J cecexn A-WmdTw D-ntl.~WadCds• ~.. .. 9ay1.9dy D-Cm~.i1+TJ. & fruxvsWmd~.Ir.d3Nb P- D.m.n+Nr.IBA+C+a•Oe G-EMkV~ X-Sem i- 7s®ie. J- Oyu~IWmdCr.. BRIDLEWOOD Cttq of Rnncho Cucnmongn Trl~uk P..dm H.... Plan IC Ez.e.ur• Pumkoou Proa & R..r el.~a/lo• Tu.1i16111 0'16114 ~.enN vat+ ~-- mmm an oioJe arwvv+wo >` LeceHn A-WmdT.rm H. p.YbyWmICJ.~. C. C~Sbv66Sdrp D-Cae.rMTJ. L ,. ..tve Wd5~1.bd3W~.t !. D.m.u..Ma.lp.p.yC~.Dv G.6dVr N. Sc® I- Smtr 1- OpwlWmdCr. BRIDLEWOOD Ctty o[ Rnncho Cucemonge T.tvsrk Pecdtc Hem. Plnn 1C e....et.. P.rvi.... Rta6tb Ldt el..au.. Tnet U 10Ii! & 16111 6154TnnN leetia m mom cuaWwo • i i 6' • eeceaa ~~..sni. a_ Dm.~..w..a° .. C- WmdPd D-6klVr L- BM VrLs P- Si.® G- WmdT.d N-D.m.n..MwJ Fdl-aeCr.•.Dm I- Dmm..W.dPrJ.D./C-. . R_Q.. ,WsyMleCs 1 BRIDLEWOOD Ct4y o4 Rnnc6o Cuenmonge T.Isulr Pvotlm Hes•r Plnn 1D Adeb• ProH •!' Ror Ebwuev irsol i- 1O11S 8' 10114 0.1~RMAN VQTd mmm mom rxevrso ------- s. ~.:wr~ G WmdPe. D-6~3V~ L BndV~Tr P- S.m G- WmdLr N-TLm.in.1~.W Pdl-w+oMDon I- S.pdWmd° ,. TW. J- nmu..WmJPaWI~/Cii [-Opr.IW.waY6sGr Right BRIDLEWOOD Clty of Rencho Cncnmone a, • ~ A a. 1 r Ltm•h Psed+e Ha.•r V y L Ad•b. r ,. ` ~ TuctN 16113 x'16114 I Left ~ IPttTi ~-- mmm met>m s • ~~~ OD LEGENQ A-S.® 8-bm.x..Wmd^ .. C-Sm.V~v D. P.uk V.s..Tn. !- G.or.TN. p- 9.p.dWmdF.IrTr1 G-Dvsu..DWRagG.y.Dm n-lsmS-pr ~l C' BRIDLEWOOD City of Rnncho Cucamonga L~muk Pse11b Nem•r Plnn 2A Tercev Prove b Rur LL~H~ev Tue~ ~- I61f3 b 16114 vacT+ mrtm m or® ruaV++w i Lecenu A-Sm B-ILm.x..Wmd° ... C-SdVs D-&NV.~Tn. !- C~~.$TIb !- S.p.dWmdlGe~TeiL G- Dm.u..NrdRdL.PG~.e.Ds N-4e®9aTr `~J xi8n! BRIDLEWOOD City of Rnacho Cnenmongn T~w.~k Psetl~e tiesu Plaa 2A Twee. R~S6/ 8' L.i! EL~s11oe T..e~ M 18113 FY tE114 i -rt 0 LEGENQ B- Wmdi.~. G Cvor.DMiJ. D-6J~-.vWd Cd... e- D.®n..N.rI1k6v~eMDm• c-sue B-s.®ud 1- Dmm.vr ~- w~e.me BRIDLEWOOD Cloy of Rancho C~cnmooga 7rlmah Pacl0c Xomo Plnn 2B 7radllloa al Proe! b' Rear EL~euee fuel l- IOIU 8' 10114 B123NAN VCCT4 a~ mrtm m aom rwle,v~ca fP LecerrQ A-Dm.u..Wmd3wr B- WdT.r c-cm..H.tm. D- 6JUy WmdGl® e- c._..~w.asd.rtrsa~ P- Dm.x..M.WBA~Cr}4. G-Se® H-&.mT~ I- D.m.a.V~t J- WmdPWSs Right BRIDLEWOOD Clky o4 Rnncho CnCnm Onll ia..h P.etitc He... Plnn 28 L.dum.d Rtd61 & Ld1 e6~aue. T.aet # ID11S & 10114 f 1 ~~ B~SSFTMN I.~GON mrtm mam SAIl.1/iIA s W ~~ LEGENR A-Wad T.d B- WmdP.r C-D.m.x..pwdWmlPd D-f Mid. e- ~..~wadse.ri.asa.a e_ am....twwo.nre.e.Dr c_ a ., vim. H-S® f- Ss®T.r J- WadPWrp R_ Wd° BRIDLEWOOD City of Rancho Cucamonga i.~e..k P.eil~e He... Plnu 2C E:.~.u.. P..m6o... Pred b R... Eb..uev iucl N IBi1S & 18114 a~sm nnN L`GQi mnm mo® ruevr.w K W rln' W LeceN^ A-WmdT.d 9- WmdPd C-D.aw.. R.rd WmdP...l D.C P.~TJ. e-^ - wmas~.i.~.ase.e P- Dmww..ea..ie.a,.re.s.lk. n-sue 1- s.®r.. t- w.,awutie R- Wd° BRIDLEWOOD Clty Df RnncLo Cucamonga irt..rk P.otlto 11e... Plan 2C ea.cou~. Psrmkoou Rink! b Loll fb..lto. Traet • 1O11S & 10114 Left 1 V 1.eceHQ A-a.® a- S.®Tn. C_D~..Wmd^ " D-Cmw.iLTl. e_ S.rlwmdlWrLb P_ Wmd R.dss G_ WmdPa. H-~... .IbO-.pC~.Dv 1- Dr...Sr®Pak~1.JC.db BRIDLEWOOD Ci4y of Rnacho Cucnmonga Trlmuk P.elOc Hom.. Pleu 2E Mo. br.g Pre.! 8' Rs. el.~slme ® m Rear TuelJ10111 b16111 a~ffirw,w VCCTI mmm +mui'a~v^w I -~ Right Lecexa w_s.® 0. S.®T.w c-Dm.a..wmas.~ D-Cee.~.FWN. !- S.p.d Wmd P.d.Trk P- WmdPWSq G- W~Pw M- D®w.tM.l Pd4..Cs.a.Dv BRIDLEWOOD Clty of Rencho Cucemonge T.re..k PeeLLlc xem.. Plan 2E Me. e...q Ria1/ b Ldt El...ue. T..et M 18113 & 16111 ~o.. ~ B~~/~+~ IPCLT~ a,._. ~~ warm .ui®v~ m >< fi c '~'^ V1 • LEGENR A-S.® B- 0.m.uwPwueC.6oe C- Sd. V... D-° . • V~Ta. E- P~S....d c-st.,rwdP.x.rrk H-D.m.e+lLrIM~C.wDm 1- S.mTne J- WwdP.n R-D.m.u..Wn.eN4m L. D~w.S®Ci.l N-Dmu..W~^ " BRIDLEWOOD City oI Rnncho Cucnmongn iam..k Pec~it< Noe,.. Plan 3A r.. Proet &Ree. Pl.~etloe iuetN1611S&18114 Rtivw,w l.`0."TI ~_~ mrtm m aoz rwavrso N o~ \~(hu' 0 LEGENR w-s.® a am-m.De.Cim c-sd.v~ D-M3v,..~T~r e- re.s..ma P- Cm.e.STJ. G-56.pd Wad RdvLd. H- D.m.m.MwdP~x-v~~wDem 1- Sn~Tn. )- WmdPs x-Dmu..w...as~l.s L- D~ei..5r®Cd.l N-D~u..Wdm .. BRIDLEWOOD City of Rnecho Cucemooe Trim.rk Paclllc Homu Pleu 3A 7mea• xlsk/ ~ L.e el..al.. u../ r Maus a- Teu4 ~-~ i • p -rC (~ LeceNn w_Dm.„..wma^ .. e-wmar.. C-G,ePwiu. D-BmI~-..Wmd Ctl.m e- ^ - wevasow.asa.~ P- Dm.u..NrJ R.6..C~yD.s G-S.® N-S.®in. 1- D.m.bwV~1 ]- Dm.vwWmdPwWid^ . . R-D`oo.v..Wd^ L- ILdV BRIDLEWOOD Ctty of Rancho Cucamongn irtmar4 P.a(ie Hoes Plan 3B iradtttoval Prov! 6' Rur eb~s/tov 1'r.at # t8it3 & 18114 Ms~enN VCQi mmm Pn o~ •AtaVMa oP LEGENI] A-D.m.u..Wmd9my 8- Wmdin. C-Go.riLN. D-ILJHOpWmdCtlm. ~ n. _.. WmdSm.W.dSdsd P- D®u..Mw.I1k0.yC~re.D~s G.3~ N-Su®L~s i- Dm.u..Vr J- D.m.u..WmdPSWldCii R-Dmu..Waed^., , L- efdV BRIDLEWOOD C1ky of Reecho Cacamoage Telmsrk Psollle Homo Plea 3B Ladllloesl Rleh/ D' Ldt Eb~sue~ 7roal 41 1011! b IE114 i i a~Jaw ~~ mmm m ome sAU.V+~ N O • LEGENQ A-WmdTee. B- Weed Pon C_p.m.u..° •Wa.dPd D-Cm.rMTe. e_ G.,,„,m wmd5r6.asdat e- o.~.v..ee..n uv~~.e.o` c_.., v~ N-°.•V~ie. 1- S.® J- &®Tti II_ WmdIWSE L_ ^ -. 9t.eLSBy BRIDLEWOOD Cify of Rancho Cucnmongn 7.tm.rk P.etltn N.m.. Plna 3C Evevtt.. Pav6ovo P...t b R... Eb.dm. Srv.t # 16115 b 16114 an~nnra IlCi7J mmm m owe rwt~V+'-.A N N l LEGEND w_wmaT.d e-wmara. c_D,e.,,,.wdawevae~ D-Cm.rFWTJ. E_,. .... w.,aasei..as~e P. Dm.u..MWllaeyC.~.O~ G-BK1Vr~ H-°-,V~iee 1_ S.® J- Sm®T.r Il_W~p.yen L_ ^ _..9~d•ydre BRIDLEWOOD Gtq of RnnCLO Cucnmongn Trt~u4 P~edlc Hoau Plnn 3C E•ew ll~e Psrs4eer• Ala6l b Ld/ Ebo!!o~ Tesol 118113 b 16114 R15~1JIAN V0.TJ s- mmm mom .....v~ ,- i i i N I.eceNfz w-~..sru. B- Dm.uwWmda .. C- WmdPd D-B..1V~ !- ° , V~Ti P- S.® G- WmdL~. N- Dm.v..tM.l Pap..pC~.}peQ 1- 9...dWmdp.IrTW. 1- Dwsu..WmdP ., .. /Ci.k R- D.~w.O..lm6~ BRIDLEWOOD Cfey Df ReDCho CaCam Onl] Tdm..k P.mlte Xem.. Plan 3D Adeb. Poet 8' Ru. el..e^ev T..et • 16111 & ID111 61:SBdnN 4'0.'N ~~ . wnm m awe ~' tt N W ~J1 l Lecelvn A_Cee.uSTb e. D.m.n..Waed° .. C- Wd Pun D_g.}V~ !- e _ . V~Tm P- S® C_ Wdin. e-D.m.x..ll.W PdL..G..yDo 1- Sy.dWad P.IrLJ. J_ D.vnwWmdPai~l./Cuts [-Daw..O .• BRIDLEWOOD Ci4y of RencLo Cocemoap Trtmh Pscilm tiomu Plea 3D Adob. flte6t b L.It el...ue. Tavel • 1Gi13 b 16111 lV54N/~N L~ccrl mam m one rwu•V~ `J DESIGN REVIEW COMMENTS 8:10 p.m. Donald Granger May 17, 2005 DEVELOPMENT REVIEW DRC2004-011 Q7 - TRIMARK PACIFIC HOMES, L.P. -The design review of building elevations and detailed site plan for 23 single-family lots on 17.2 acres of land in the Very Low Residential Distract (.1 to 2 dwelling units per acre) in the Etiwanda Speafic Plan, located on the west side of East Avenue, south of Wilson Avenue - APN: 0225-122-06, 49 and 50. Related Files: Preliminary Review DRC2004-00466 and Tract Map SUBTT16113. Design Parameters: The site is bounded by the extension of W ilson Avenue to the north, the new Fire Station #176 and a few single-family dwelling units to the south, East Avenue to the east, and Cucamonga Valley Water Districts water treatment plant to the west. The protect site has a final map (SUBTT16113) and has been rough graded. Tract SUBTTi6113 was approved on June 27, 2001, which was prior to an amendment to the Development Code that now requires all lots within to the Very Low Residential District to have a lot depth of 200 feet. Although several lots are defiaent in meeting the 200-foot depth regwrement, the developer has successfully plotted all corrals to meet the 70-foot radws requirement from all adtacent dwelling units. The applicant conducted a neighborhood meeting on March 31, 2004, at Summit Intermediate School. No residents attended. The applicant is proposing three house plans for the protect design to meet the requirements of the Etiwanda Speafic Plan. Under the Etiwanda Speafic Plan, this protect is developed underthe Basic Development Standards and no Speafic architectural style is regwred; however, the protect must meet the design goals of the Etiwanda Speafic Plan. The applicant has been working diligently to resolve the design issues that had been identified by staff during the review process. The proposed project consists of three floor plans (one 1-story and two 2-story) with 4 architectural styles that range in square footage from 3,878 to 5,078 square feet. All of the proposed architectural styles are appropriate to the goals and obtectives of the Etiwanda Specific Plan, incorporating traditional elements with a rural emphasis. The applicant has made good uses of porches, traditional materials, and variation in the roof planes. A total of five elevations are proposed, and include Tuscan, Traditional, Executive Farmhouse, Adobe, and Monterey design themes. All plans have articulation in the footprints and the wall planes, thereby, avoiding °box on box" bulding forms. All plans have been designed with decorative driveways. Most plans have been designed with front porches, another design goal of the Etiwanda Specific Plan. Stall Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project. 1. Section 5.42.606 of the Etiwanda Speafic Plan requires that "at least 50 percent of all garages within single-family tracts shall be detached, side-on, or set behind the front part of the dwelling." Staff agrees with the applicant that the protect meets this requirement with the design of Plan 1 and 3. Plan 1 is comprised of a three-car garage (third car tandem design) with the garage setback 5 feet behind the front elevation, and Plan 3 has a three-car garage with the single car garage designed as a side-on. A total of 15 of the 23 lots (65 percent) are plotted with either Plan 1 or 3. DRC ACTION AGENDA DRC2004-01 1 07-TRIMARK PACIFIC HOMES, L.P. May 17, 2005 Rage 2 2. Overall, staff is pleased with the architectural styles and the efforts made to provide 360-degree architecture and architectural elements that are appropriate the Etiwanda neighborhood (porches, traditional materials, divided light windows). All plans have modestto strong architectural treatment on all elevations in order to provide casual interest. Staff recommends that following enhancements be made in order to achieve 360-degree architectural treatment on all plans: Plan 2, Tuscan, Front Elevation: Add stone veneer to Bedroom 4 above the garage Plan 2, Tuscan, Side Elevations: Add stone veneer to both chimneys Plan 2, Traditional, Side Elevations: Add wood siding to both chimneys Plan 2, Executive Farmhouse, Side Elevations: Add wood siding to both chimneys Plan 3, Tuscan, Front Elevation: Add stone veneer to Bedroom 4 above the garage Plan 3, Adobe, Front Elevation: Add brick veneer to Bedroom 4 above the garage Plan 3, Adobe, Left Elevation: Add brick veneer to the chimney at the living room Secondar y Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues. 1. The 6-foot high block walls on Lots 10, 15, and 23 do not comply with the 3-foot height limitation for walls within the 30-foot front yard setback as measured from right-of-way line (i e., front property Ime) pursuant to Development Code Section 17 08.060.x.1. There are two design options: 1) relocate 6-foot walls at or behind the 30-foot front yard setback, or 2) redesign walls as a combination of 3-foot split-face with 3-foot high wrought iron atop within the front yard area. 2. The single 6-foot split-face block wall along East Avenue does not comply with the required design treatment per Etiwanda Specific Plan Figure 5-28A (see attached): stucco wall, nver rock pilasters with ball finials, and nver rock raised planters. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion. 1. All interior private yard slopes are required to be landscaped with ground cover, shrubs, and one tree per 150 square feet of area. 2. River rock shall be real, native fieldstone. 3. Provide decorative pavement on driveways Decorative driveways shall have variation throughout the subdivision. 4. No wood fencing is allowed. Construct block walls between homes (i.e. along interior side and rear property Ime) for permanence, durability, and design consistency. 5. Access gates to rear yards should be constructed of a material more durable than wood. Acceptable materials include, but are not limited to, wrought uon and PVC. 6. Taper three or four-car driveways down to standard two-car width at the street. ~X~g~ ~-~ -3-~ DRC ACTION AGENDA DRC2004-01 1 07-TRIMARK PACIFIC HOMES, L.P. May 17, 2005 Page 3 Staff Recommendation: Staff recommends that the project be redesigned prior to scheduling for Planning Commission. Attachment Desiun Review Committee Action: Members Present: McPhail, Stewart, Coleman Staff Planner: Donald Granger The Committee recommended approval of the revised plans presented by the applicant. CITY OF RANCHO CUCAMONGA TRAILS ADVISORY ~ t ~ •, COMMITTEE AGENDA WEDNESDAY, MAY 11, 2005, ~ 6:00 PM PLANNING CONFERENCE ROOM '10500 CIVIC CENTER DRIVE ACTION AGENDA ROLL CALL• X Carlson X McPhail X Fletcher Zupke X Henderson X Dickey (Alternate) Jarek Stewart (Alternate) Karraa NEW BUSINESS A. DEVELOPMENT REVIEW DRC2004-01107 - TRIMARK PACIFIC HOMES, L.P. -The design review of building elevations and detailed site plan for 23single-family lots on 17.2 acres of land in the Very Low Residential District (.1 to 2 dwelling urnts per acre) in the Etiwanda Specific Plan, located on the west side of East Avenue, south of W dson Avenue - APN 0225-122-06, 49 and 50. Related Files: Preliminary Revew DRC2004-00466 and Tentative Tract Map SUBTT16113. On June 27, 2001, a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Tract Map SUBTT16113. ACTION: The Committee reviewed the project and recommend that the project be revised. The Committee directed the applicant to revise the project to meet the issues identified below. The Trails Committee indicated that if the applicant revised the project successfully, the Committee was comfortable with Design Review Committee reviewing the project on May 17, 2005, since Commissioner McPhail sits on the Trails Advisory and Design Review Committees. 1. On Lot 16, the corral shall be plotted within the rear yard. The corral shall be plotted as close as possible to the trail connection on Lot 15, but to maintain the 70-foot distance requirement from adjacent dwelling units. If necessary, a Plan 2 shall be plotted on Lot 16. 2. Lots 5, 6,10, and 13 shall have corrals that are trail adjacent. If necessary, retaining walls and elevated ramps shall be constructed, in order to make the corrals trail adjacent. ~)(}~ss~~ ~c ~-~'~O TRAILS ADVISORY COMMITTEE ACTION AGENDA May 11, 2005 Page 2 3. On Lots 10 and 23, the front yard tenting shall be a combination of a 3-foot wrought iron atop a 3-toot split face wall, in order to meet the front yard setback requirements. 4. Along the west side of the 20-foot wide Community Trail along the west boundary of the subdivision, decorative tubular steel fencing shall be used with river rock pilasters. The fencing and pilasters shall match the design on Wilson Avenue at the Cucamonga Valley Water District. Along the east side of the 20-foot wide Community Trail along the west boundary of the subdivision, a combination 4-foot high wrought iron fence atop a 2-toot split face wall shall be installed. 5. Along the south boundary of the subdivision, the vinyl two-rail fence shall be eliminated and a mow strip shall be installed. 6. Provide a 15-foot Feeder Trail Vehicle Gate with Side Access and City Standard "Unauthorized Vehicles Prohibited" signs and side step through for horse access, at the tour local trail access points on Rolling Hills Pastures Place, per City standard 1006-C. 7. Provide a 5-foot double solid gate (10-Toot total width) at each access ramp to the horse corral area. 8. Install trail improvements per City Standard Drawing No. 1004 (Community Trail, Interior Applications) for the Community Trail on the west side of Lots 14,15,17, and 18. 9. Local Feeder Trails shall be constructed with decomposed granite with a 4-inch minimum base. All rocks and debris shall be removed and the trail surtace shall be graded smooth. All walls and fences shall not-be located within the Community Trail or Local Trail easements. Because of time constraints, Commissioner Fletcher and McPhail left the meeting at 6:50 p.m. to ensure their timely attendance at the Planning Commission meeting. B. TENTATIVE PARCEL MAP SUBTPM16728 - DIPONIO - A review of a proposed parcel map where one lot of 3 04 acres that is mostly in the Very Low (VL) Residential District (about 2 acres) and partially in the Flood Control (FC) District (about 0.84 acre), is drv~ded into 3 lots, located at 9772 Htllside Road - APN:1074-161-16. ACTION: The Committee reviewed the project and recommended approval. In addition to staff's recommendations, the Committee directed the applicant to revise the project as follows (which could be incorporated as conditions of approval). 1. Provide a 12-foot wide trail connection in the flag portion of Lot 3 along, and parallel with, the west side of the flood control channel easement in order to allow Lots 2 and -~X~~ ~c- ~ ~ -~1 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Development Review DRC2004-01107 2. Related Files: Tract Map 16113 3. Description of Project: DEVELOPMENT REVIEW DRC2004-01107 - TRIMARK PACIFIC HOMES, L P. -The design review of building elevations and detailed site plan for 23 single-family lots on 17 2 acres of land in the Very Low Residential District (.1 to 2 dwelling units per acre) in the Etiwanda Speafic Plan, located on the west side of East Avenue, south of Wilson Avenue - APN• 0225-122-06, 49 and 50. Related Files Preliminary Review DRC2004-00466 and Tract Map SUBTT16113. On June 27, 2001, a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Tract Map SUBTT16113. The California Environmental Qualdy Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. The 17.2 acre site is comprised of three parcels and is located south of Wilson Avenue, on the west side of East Avenue. The proposed Development Review is for the design review of building elevations and detailed site plan for a previously recorded tract map (SUBTT16113). A Mitigated Negative Declaration was adopted on June 21, 2001, for the 23-lot subdivision (SUBTT16113) The proposed Development Review will not raise or create new environmental impacts not already considered in the previous Mitigated Negative Declaration. No new environmental information has been presented that would raise or create new or adverse impacts not already considered in the previous Mitigated Negative Declaration. 4. Project Sponsor's Name and Address: Trimark Pa~c Homes. 3400 Central Avenue, Suite 145 Riverside, CA 92506 5. General Plan Designation: Very Low Residential (1-2 dwelling units per acre) 6. Zoning: Very Low Residential (1-2 dwelling units per acre) Surrounding Land Uses and Setting: The 17 2 acre protect site has a final map (Tract 16113) that was recorded on August 8, 2004. The site is adjacent to a Metropolitan Water District (MWD) easement by Wilson Avenue on the north The site is bordered on the south by an area designated Estate Residential (01-1 dwelling units per acre) that contains scattered houses. To the north is vacant land, and to the east, across East Avenue, is vacant land with an approved 21-lot Tentative Map (SUBTT16114). No structures exist on the protect site. ~~ Initial Study for Development Review DRC2004-01107 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Donald Granger (909)477-2750 10. Other agencies whose approval is required: None City of Rancho Cucamonga Page 2 tj-~ I J Initial Study for navalnnment Review DRC2004-01107 City of Rancho Cucamonga Page 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this protect, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. (/) Air Quality (/) Aesthetics (/) Agricultural Resources (/) Geology/Soils (/) Biological Resources (/) Cultural Resources ()Land Use/Planning ()Hazards & Hazardous (/) Hydrology/WaterQuatity ()population/Housing Materials ()Energy and Mineral Resources ( ) ()Mineral Resources (/) Noise Transportation/Tr (/) public Services ()Recreation affic () Utilities/Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: () I find that the proposed protect COULD NOT have a significant effect on the environment A NEGATIVE DECLARATION will be prepared (X) I find that although the proposed protect could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier Negative Declaration pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to an earlier Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is requred. () I find that the proposed protect MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed () I find that although the proposed protect could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed protect, nothing further is regwred Prepared By Date Reviewed B Date /~ S -~~ Initial Study for City of Rancho Cucamonga Development Review DRC2004-01107 Page 4 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, one or more effects have been adequately analyzed m an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in 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 in completing this Initial Study and are available for review m the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply)• (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (/) Tentative Tract Map SUBTT16113 Mitigated Negative Declaration (Adopted June 27, 2001) (/) Tentative Tract Map SUBTT16113 Mitigation Monitoring Program (Adopted June 27, 2001) APPLICANT CERTIFICATION I certify that I am the applicant far the protect described in this Initial Study I acknowledge that I have read this Initial Study and the proposed mitigation measures Further, I have revised the protect plans or proposals andlor hereby agree to the-proposed mitigation measures to avoid the effects or mitigate the effects to a point where clear-ly/ono significant environmental effects would occur. ~- Date Signature Print Name and Title• I. ~-5) n ~~ ~.._J U q g 3~ ' W 3° d U O ~ m w dS Sa ~ •' n . ~, a, 6~ Z rc a Q ~ snN~~' Isds W ~ o Z O ]. _ df rc a • 4 N ~_ / /-~ V J M ~ v N .. a 3,~6'7d 53bRLSYd JN/770b c--- r~ h `a c- h N lu C' C~ ~ ~ Q ~ ry q O N N ~ s W 3,7V7d !3/hfl 3SbOH y ~uaoa Q + ~ H b W ~ r~ h h e ~ 0 1 V .h. 1 ~,-5a • RESOLUTION NO. 05-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2004-01107, THE DESIGN REVIEW OF 23SINGLE-FAMILY DETACHED HOMES FOR TRACT MAP SUBTT16113 ON 17 2 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (1-2 DWELLING UNITS PER ACRE) IN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF EAST AVENUE, SOUTHOFIMLSONAVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-122-06, 49, AND 50 A. Recitals. 1. Trimark Pacific Homes, L P., tiled an application for Development Review DRC2004 01107, as descnbed in the title of this Resolution. Hereinafter in this Resolution, the subtecl Development Review request is referred to as "the application." 2. On the 13th day of July of 2005, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby speafically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission dunng the above-referenced meeting on July 13, 2005, including wntten and oral staff reports, this Commission hereby specifically finds as follows• a. The application applies to property located on the west side of East Avenue north of Banyan Street, with a street frontage of approximately 481 feet on East Avenue The property has a final Tract Map (SUBTT16113) and has been rough graded; and b. The property to the north of the subject site is vacant and is zoned Low Residential; the property to the south is developed with Fire Station 176 and asingle-family dwelling unit and is zoned Estate Residential; the property to the east is vacant and is zoned Neighborhood Commercial and Very Low Residential; and the property to the west is developed with the Cucamonga Valley Water District Treatment Plan and is zoned Very Low Residential; and c. The proposed use, together with the conditions applicable thereto, will not be detnmental to the public health, safety, or welfare or matenally injunous to properties or improvements in the vicinity; and d. The applicant conducted one neighborhood meeting to inform surrounding neighborhood residents of the proposed project and to obtain their feedback and no residents attended the meeting; and e. The project design meets or exceeds the Very Low Residential Distnct Basic Development Standards, and ~~ PLANNING COMMISSION RESOLUTION NO. 05-45 DRC2004-01107-TRIMARK PACIFIC HOMES, L.P • July 13, 2005 Page 2 f The design of the single-family homes accomplishes 360-degree architectural treatment by the application of complementary pnmary and secondary matenals and architectural elements to all sides of the dwelling units, therefore, the architectural design of the project meets the design goals of the General Plan and Development Code. 3. Based upon the substantial evidence presented to this Commission dunng the above-referenced meeting on July 13, 2005, including wntten and oral staff reports, this Commission hereby specifically finds and concludes as follows: a. That the proposed protect is consistent with the objectives of the General Plan, and b. That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. Thal the proposed design is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed design, together with the conditions applicable thereto, will not be detnmental to the public health, safety, or welfare or matenally injunous to properties or improvements in the vicinity. 4. A Mitigated Negative Declaration was adopted on June 27, 2001, for Tract Map SUBTT16113. The California Environmental Quality Act provides that no further environmental review or Mitigated Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration Based upon the facts and information contained in the Mitigated Negative Declaration, togetherwith all wntten and oral reports, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment. a. There have not been substantial changes m the project that require major revisions to the previous Mitigated Negative Declaration because of new significant environmental effects or substantial increase in the severity of the previously identified significant effects. b. There have not been substantial changes with respect to the Grcumstances under which the project is undertaken, which wtll require major revisions to the previous Mitigated Negative Declaration because of the involvement of new significant environmental effects or a substantial increase in the seventy of previously identified significant effects. c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Mitigated Negative Declaration was adopted that shows any of the following. 1) the project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration; 2) significant effects previously examined wdl be substantially more severe than shown in the previous Mitigated Negative Declaration, 3) mitigation measures or altematives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or 4) mitigation measures or altematives, which are considerably different from those analyzed in the Negative Declaration, would substantially reduce one or more significent effects or1 the environment, but the project proponents decline to adopt the mitigation measure or alternative. ~-5~ PLANNING COMMISSION RESOLUTION NO. 05-45 DRC2004-01107 - TRIMARK PACIFIC HOMES, L.P. • July 13, 2005 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition setforth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Building & Safety Deaartment 1) Provide a partcway culvert at the down slope at the end of all v-gutters. Final design shall be indicated on the precise Grading Plan and shall be to the satisfaction of the City Planner and Budding and Safety Plan Check Engineer, prior to issuance of Grading Permits. 2) Provide a drainage easement and concrete ditch at the rear of Lots 4, 5, 7, 8, 11, and 12 Final design shall be indicated on the precise Grading Plan and shall be to the satisfaction of the City Planner and Budding and Safety Plan Check Engineer, prior to issuance of Grading Permits. Planning Department 1) The plans submitted for plan check shall be consistent v~nth plans on file with the Planning Department as approved by the Design Review Committee on May 17, 2005. t 2) Along the west side of the 20-foot wide Community Trail along the wes boundary of the subdivision, decorative tubular steel fencing shall be used with river rock pilasters. The fencing and plasters shall match the design on Wilson Avenue at the Cucamonga Valley Water Distnct Along the east side of the 20-foot wide Community Trail along the west - - -boundary of the subdivision, a combination 4-foot high wrought iron fence atop a 2-foot split face wall shall be installed The final design shall be subject to City Planner review and approval. 3) Along the south boundary of the subdivision, the PVC two-rail fence shall be eliminated, and a mow strip shall be installed 4) Provde Feeder Tral, 15-foot Vehicle Gate with Side Access, and City Standard "Unauthonzed Vehicles Prohibited" signs and side step through for horse access at the four local trail access points on Rolling Hills Pastures Place, per City standard 1006-C. 5) Install trail improvements per City Standard Drawing 1004 (Community Trail, Intenor Applications) for the Community Tral on the west side of Lots 14, 15, 17, and 18. 6) Local Feeder Trails shall be constructed with decomposed granite with a 4-inch minimum base All rocks and debns shall be removed and the trail surface shall be graded smooth. • ~ Feeder Trail, 20-foot to 15-foot Transition Vehicle Gate with City Standarcl "Unauthonzed Vehicles Prohibited" signs, and ~v-55 PLANNING COMMISSION RESOLUTION NO. 05-45 DRC2004-01107 - TRIMARK PACIFIC HOMES, L P. July 13, 2005 Page 4 side step-through for horse access shall be installed at each local trail access point on Wilson Avenue, per City Standard Drawing 1006-B 8) A 5-foot double, solid non-wood gate (10-foot total width) shall be installed at each trail access location to the horse corral area. 9) Provide decorative perimeter fencing (i.e ,masonry) attract edges and along the streets. "Decorative" means stucco finish, split-faced block, or similar textured surface with native stone plasters and a cap. Smooth precision block is not acceptable. 10) Retaining walls exposed to public view are to be decorative masonry 11) Return walls and comer sidewatls are to be decorative masonry and compatible with the architectural style 12) The developer shall provide each prospective buyer of comer lots wntten notice of maintaining the landscaped parkway. The wntten notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property 13) Where rock cobble is used, ~t shall be real or native fieldstone Other • forms of stone may be manufactured products. 14) All interior side and rear walls shall be of block material. Engineering Department 1) All pertinent conditions of approval of Planning Commission Resolubon No. 01-69 approving Tract Map SUBTT16113 shall apply 2) The perimeter walls shall be located outside public rights-of-way on private property, including Lot "A" and the extended parkway south of Wilson Avenue. 3) Comer side yards will be maintained by the individual homeowners Where lots are below the adjacent street (Lots 2, 10, and 13), the side yard walls shall be a sufficient distance behind the sidewalk to allow a landscape buffer to the satisfaction of the Planning Department Side yard walls should not protect past the return wall 4) Prior to the issuance of Building Permits, a Diversion Deposit and related admirnstrative fees shall be paid for the Construction and Demolition Diversion Program The deposit is fully refundable dat least 50 percent of all wastes generated during construction and demolition are diverted from landfills and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department • when the first Building Permit application is submitted to Bulling and Safety Fomt CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. Yi3-J`"~ PLANNING COMMISSION RESOLUTION NO 05-45 DRC2004-01107 - TRIMARK PACIFIC HOMES, L P . July 13, 2005 Page 5 Environmental Mitigation 1) The applicant shall implement all mitigation measures adopted forTrad Map SUBTT16113 on June 27, 2001, as shown in Planning Commission Resolution No 01-69. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, 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 13th day of July 2005, by the following vote-to-wit AYES: COMMISSIONERS:- - NOES: COMMISSIONERS: ABSENT' COMMISSIONERS: --- -- ~- - - u ~-~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW DRC2004-01107 SUBJECT: DEVELOPMENT REVIEW FOR 23 LOTS APPLICANT: TRIMARK PACIFIC HOMES, L.P. LOCATION: APN• 0225-125-06 49 AND 50 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements cem letion Da 1. The applicant shall agree to defend at his sole expense any action brought against the City, tts ~~ agents, officers, or employees, because of the issuance of such approval, or in the attemative, to relingwsh such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorneys fees which the City, its agents, officers, or employees maybe regwred 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. Copies of the signed Planning Commission Resolution of Approval No 05-45, Standard ~~_ Conditions, and ail environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not requued to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use PermR, Variance, or DevelopmenUDesign Review approval shall expire rf ~~ 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 Department, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. • SC-1-OS ~ ~-5 $ Protect No DRC2004-01107 Completion Date 2. Prior to any use of the protect site or business activity being commenced thereon, ail Conditions ~~_ of Approval shall be completed to the satisfaction of the Cary Planner. 3 a Occupancy of the facilities shall not commence until such time as all Undorm 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 Bulding and Safety Department to show compliance. The bwldings shall be Inspected for compliance prior to occupancy. 4 Revised site plans and bwlding elevations incorporating all Conditions of Approval shall be ~~_ submitted for City Planner review and approval prior to the issuance of bwlding 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 City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. 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 developmehts, transformers shall be placed in underground vaults. 8. All bwlding numbers and individual units shall be identdied in a clear and concise manner, ~~_ including proper illumination 9. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed ~~_ control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval. Developer shall upgrade and construct all trails, including fencing and drainage devices, in contunction with street improvements. a Local Feeder Trails (i a ,private equestrian easements) shall, at a minimum, be fenced ~~_ with two-rail, 4-inch lodgepole °peeler° logs to define both sides of the easement, however, developer may upgrade to an alternate fence material. b. Local Feeder Trail entrances shall also provide access for service vehicles, such as ~~_ veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance shall be gated provided that equestrian access is maintained through step-ihroughs Local Feeder Trail grades shall not exceed 0 5% at the downstream end of a trail fora c ~~ . distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the Building Official d. Provide a 24-foot by 24-foot corral area in the rear yard Grade access from corral to trail ~J with a maximum slope of 5:1 and a minimum width of 10 feet. For single family residential development within the Equestrian/Rural Overlay District, at e ~~_ . least one model home shall be provided with a constructed 24-foot by 24-foot corral with appropriate fencing. 10 The Covenants, Conditions, and Restrictions (CC&Rs) shall not prohibit the keeping the equine _J~ animals where zoning requirements for the keeping of said animals have been met Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners' associations for amendments to the CC&Rs. 11 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _J~- Homeowners' Association are subtect to the approval of the Planning and Engineering Departments and the City Attorney They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first A recorded copy shall be SC-1-05 2 ~j'J`~ I Protect No DRC2004-01107 Comolehon Date provided to the City Engineer. The Homeowners' Association shall submit to the Planning • Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes 12. All parkways, open areas, and landscaping shall be permanently maintained by the property ~~_ owner, homeowners' association, or other means acceptable to the Ctty Prooi of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved poor to the issuance of budding permits. 13. The developer shall submd a construction access plan and schedule for the development of all ~J_ lots for Cary Planner and City Engineer approval, including, but not limited to, public notice requirements, special street posting, phone listing forcommunityconcerns, hours of construction activity, dust control measures, and security fencing 14. Six-foot decorative block walls shall be constructed along the protect perimeter. If a double wall ~___/ condition would result, the developer shall make a good faith effort to work with the adiointng property owners to provide a single wall Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the profect's perimeter. 15. Construct block walls between homes (i.e., along interior side and rear property lines), rather than ~~ wood fencing for permanence, durability, and design consistency. 16. Access gates to the rear yards shall be constructed from a material more durable than wood ._/_J gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 17. For residential development, return walls and corner side walls shall be decorative masonry. ~~_ 18. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk The ~_/ 5-foot walVfence setback and the parkway shall have landscape and irrigation in addition to the ~ requred street trees. Detailed landscape and urigation plans shall be submitted for Cdy Planner review and approval prior to issuance of bulding permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 19. Where rock cobble is used, d shall be real river rock. Other stone veneers maybe manufactured ~-J- products. D. Building Design _ _ . _ 1. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, ~___/_ detailing and increased delineation of surface treatment subject to City Planner review and approval prior to issuance of building permits. E. Landscaping 1 A detailed landscape and vrigation plan, including slope planting and model home landscaping in ~~_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of bulding permits or prior final map approval in the case of a custom lot subdivision. 2 Existing trees required to be preserved in place shall be protected with a construction barrier in ~~_ accordance with the Municipal Code Section 19 08.110, and so noted on the grading plans The location of those trees to be preserved to 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 SC-1-05 3 ~j-~g~ Project No DRC2004-01107 Completion Date F. i 3 All private slopes of 5 feet or more in vertical height and of 5.1 or greater slope, but less than 2.1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground coverfor erosion control. Slope planting regwred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2.1 or greater slope shall be landscaped and irrigated for erosion control and to soften then appearance as follows. one 15-gallon or larger size tree per each 150 sq. ft. of slope area l -gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2.1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For single-family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thrmng condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. 6. Front yard and comer side yard landscaping and irrigation shall be regwred per the Development Code. This requirement shall be in addition to the regwred street trees and slope planting. 7 The final design of the perimeter parkways, walis, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 8. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along East Avenue. 9. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this protect area shall be continuously maintained by the developer 10. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department. 11 New windrow planting of Eucalyptus Maculata (Spotted Gum) is,required at a ratio of 50 linear feet per acre. The size, spacing, staking, and irrigation of these trees shall complywith the Cilys Tree Preservation Ordinance (RCMC 19 08.100). Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the 210 and I-15 Freeways in a standard format as determined by the Cary Planner, prior to accepting a cash deposit on any property. Mitigation measures are regwred for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 474 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forted. ~~ ~~- ___/~. ~~- ~~- ~~ ~~- ~~- ~-J ~~ ~~ ~~- 5~-,-05 4 ~-~ ~ Protect No DRC2004-07107 Comolet~on Date G. Other Agencies 1. The applicant shall contact the U S Postal Service to determine the appropriate type and location ~~ of mailboxes. Multifamily residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shalt be subject to City Planner rewew and approval prior to the Issuance of building permits. , APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, ~~_ community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and publlc drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentatlve map. 2 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from ~_/ street centerline). 51 total feet on Wilson Avenue -/~- 44 total feet on East Avenue ~~- 25 total feet on Local Streets _/~- ~~- 3. Corner property Ime cutoffs shall be dedicated per Clty Standards. ~~- 4. Vehicular-access rights shall be dedicated to the City-for the following streets, except for ~~_ approved openings: Wilson and East Avenues 5 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or ~J noted on the hnal map. - 6. All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the ~~_ final map. 7. Easements for public sidewalks and/or street trees placed outside the public right-of-wayshall be ~~ dedicated to the City. 8. The developer shall make a good faith effort to acquire the required off-site property interests ~~_ necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462 5 at such time as the City decides to acquire the property interests required for the improvements Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdroision Security for a portion of these costs shall be in the form of a cash deposit in the h ll ' a s cost The appraiser s amount given in an appraisal report obtained by the City, at developer have been approved by the Ctty prior to commencement of the appraisal SC-1-05 5 ~, ~~ Protect No DRC2004-01707 Completion Date I. Street Improvements 1.a All public Improvements (Interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to CIry Standards Interior street Improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees 2. A minimum of 26-foot wide pavement, within a 40-toot wide dedicated right-of-way shall be constructed for all half-section streets. 3. Construct the following perimeter street Improvements Including, but not Ilmlted to: Street Name Curb 8 Gutter AC. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other WllsonAvenue X X X X X X X X East Avenue X X X X X Notes: (a) Median Island Includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114 (d) If so marked, an In-lieu of construction fee shall be provided for this item. 4. Improvement Plans and Construction: a Street Improvement plans, including street trees, street lights, and Intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Clwl 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 Clty Attorney guaranteeing completion of the public and/or private street improvements, priorto 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 Clty Engineer. d. Signal conduit with pull boxes shall be Installed with any new construction or reconstruction protect along mafor 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 CIry Engineer 2) Conduit shall be 3-Inch galvanized steel with pull rope or as specified e. Handicapped access ramps shall be installed on ail corners of intersections per City Standards or as directed by the Ctty Engineer. 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 City Engineer. J~ ~~ ~~- ~~ ~~ ~~- ~~ _/~_ ~J- SC-t-OS 6 ~~(~ Protect No DRC2004-01107 Completion Date J. K. 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 Cary Planner prior to submittal for first plan check ~~ 5. 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 6. 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 requred. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall ~~_ be submitted to the Ctty Engineer for review and approval prior to final map approval or issuance of bulding permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance Distract: East Avenue parkways and W ilson Avenue median and parkway including Community Trail 2. Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or ~~_ other acceptable non-irrigated surfaces 3 A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting ~~_ Districts shall be filed with the City Engineer prior to final map approval or issuance of bulding permits whichever occurs first. Formation costs shall be borne by the developer. 4. All required public landscaping and irrigation systems shall be continuously maintained by the _/J~ developer until accepted by the Crty 5. Parkway landscaping on the following street(s) shall conform to the results of the respective ~~_ Beautification Master Plan (East and Wilson Avenues) Etiwanda Specific Plan Drainage and Flood Control 1 The protect (or portions thereof) is located within a Fiood Hazard Zone, therefore, flood protection _/~ measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2. It shall be the developer's responsibility to have the current FIRM Zone D designation removed ___/~_ from the protect area. The developer shall provide drainage and/or flood protection facilities sufficient to obtain an unshaded `X` designation. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA pnor to final map approval or issuance of building permits, whichever occurs first A Letter of Map Revision (LOMB) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final map _/~_ approval or the issuance of budding permits, whichever occurs first. All drainage facilities shall be installed as regwred by the City Engineer 4 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the _/~_ property from adtacent areas. 5 A permit from the San Bernardino County Flood Control District is required for work within its ~~~ right-of-way. SC-1-OS ~ c(7'w Y Protect No DRC2004-01107 Comoletion Date 6 Trees are prohibited within 5 feet of the outside diameter of any public storm dram pipe measured ~~ from the outer edge of a mature tree trunk. • 7. ~ Public storm drain easements shall be graded to convey overflows in the event of a blockage in a ~~_ sump catch basin on the public street, and provisions made to pass through walls. L 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 requirements of the ~~ Cucamonga Valley W ater District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water distract 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 protects. M. General Requirements and Approvals 1 Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage ~~_ Fees shall be paid prior to final map approval or prior to building permit issuance rf no map is involved. 2. Permits shall be obtained from the following agencies for work within their right of-way San ~~ Bernardino County flood Control DistricUSchool DistricUCity. 3. Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all ~~_ new streetlights for the fvst six months of operation, prior to final map approval or prior to building permit issuance rf no map is involved APPLICANT-SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: N. Security Hardware _ ___ _ _ 1 A secondary locking device shall be installed on all sliding glass doors. ~_/- 2 One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within ~~ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. ~~_ O. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted ~~_ from frame or track in any manner. P. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime ~~_ visibility SC-7-OS 8 ~-~~ Protect No DRC2004-01107 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED t~J SC-i-os 9 nJ'(,o Rancho Cucamonga Community Development Building & Safety SFR TRACT STANDARD CONDITIONS May 18, 2005 Tnmark Pacrfic Tract 16113 DRC2004-01107 NOTE: Any revisions may void these requirements and necessitate additional review. A. New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistive construction. 2. Provide compliance with the California Building Code for regwred occupancy separations. . 3. Roofing material shall be installed per the manufacturer's °high wind° instructions. B. General Requirements 1. Submit five conceptual sets of plans including the following a. Site/Plot Plan b. Floor Plan c. Foundation Plan d. Ceiling and Roof Framing Plan e. Electrical Plans (2 sets, detached) including the size of 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. g. Planning Division Tracking Number (i.e., SUBTT, SUBTPM, DRC, etc) must be clearly noted on the Title Sheet of the plans. h. Separate permits are regwred for fencing and/or walls. i. All sheets must be marked NOT FOR CONSTRUCTION. ~~~ Page 1 of 3 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet° signature are required pnor to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City pnor to permit issuance. 4. Developers wishing to partiapate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Division staff for information and submittal requirements. C. Site Development Plans shall be submitted for plan check and approved pnor to construction. All plans shall be marked with the protect file number (i.e., DRC2004-01107). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of bwlding permits for a new commeraal or industrial development project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division pnor to permit issuance. 3. The Bwlding and Safety Official shall provide the street addresses after tracUparcel map recordation and prior to issuance of bwlding permits. 4. Construction actmty 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. D. Grading Grading of the subfect property shall be m accordance with California Building Code, City Grading Standards, and accepted grading practices. The final Grading Plan shall be m substantial conformance with the approved Grading Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified Engineer or Geologist and submitted at the time of application for grading plan check. 4. The final Grading Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official pnor to the issuance of building permits. 5. 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 Civil Engineer. Page 2 of 3 ~~~ x~• more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed • by a California registered Civil Engineer. Node on title sheet that plans must be submitted for plan check and be approved prior to construction. The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations m effect at the time of permit application. Contact the Budding and Safety Droision if you have any questions about the procedure at 909-477-2710. • L Page 3 of 3 ~~~ I ~m,,,,,~ . Rancho Cucamonga Fire Protection District • `~- ~ Fire Construction Services STANDARD CONDITIONS May 18, 2005 Trimark Pacific Tract 16113 DRC2004-01107 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSG1 Public and Private Water Supply Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. For single-family residential protects in the designated Hazardous Fire Area, the maximum distance between fire hydrants is 400-feet. No portion of the exterior wall facing the addressed street shall be more than 200-feet from an approved fire hydrant. For . cut-de-sacs, the distance shall not exceed 150-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i At the entrance(s) to a commercial, industrial or residential protect from the public roadways. ii. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or bwlding, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required fire flow for this protect is 2000 gallons per minute at a minimum residual pressure of 20-pounds per square inch This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fue District Ordinances. For structures in excess of 3,600 square feet use CFC Table A-III-A-1. 2. Public fire hydrants located within a 500-foot radws of the proposed protect may be used to • provde the requred fire flow subject to Fire Distract review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. ~-~ 3. Fire service plans are required for all protects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire service plans are approved. 4. ~ On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: Bwldings constructed in the designed Hazardous Fire Areas which include: a. All structures that do not meet Fire District access requirements (see Fire Access). b. When required fire flow cannot be provided due to inadequate volume or pressure. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access -Fire Lanes Standard 9-7. 1. Residential gates installed across Fire Distract access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1. The following design requirements apply: a. All automatic gates shall be provided with a Fire District approved, compatible traffic pre- emption device. The devices shall be digital. Analog devices are not acceptable. Devices shall be installed in accordance with the manufacturer's instructions and specifications. b. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. c The key switch shall be located outside and immediately adjacent to the gate for use in the event that the traffic pre-emption device fails to operate. d. A traffic loop device must be installed to allow exiting from the complex. e. The gate shall remain in the open position for not less than 20-minutes and shall automatically reset. 2. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fue Distract standards shall be included in the architectural plans submitted to B&S for approval. 3. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 2 ~~~ FSC-7 Hazardous Fire Area . This protect is located within the "State Responsibility Area" (SRA), the °Very High Fire Hazard Severity Zone° (VHFHSZ), City of Rancho Cucamonga "Hillside District", and/or within the area identified on the Rancho Cucamonga General Plan, Exhibit V-7 as High Probability-High Consequence for Fire Risk. These locations have been determined to be within the "Hazardous Fire Area' as defined by the Fire District. The Hazardous Fire Area is based on maps produced by the California Department of Forestry and Fire Protection and the City of Rancho Cucamonga. Hazard Reduction Plans: The applicant shall prepare the architectural plans for the construction of the buildings in accordance with the County of San Bernardino's Development Code as amended by RCFPD Ordinance 39, Appendix II-A. Fire Area FS-3 requirements apply to the construction of the buildings based on the slope of the terrain and/or mitigation of the fuel modification plans. The development code provides standards regulating and requiring: a. Fue resistive roof assemblies b. Fuel Modification and hazard reduction plans c. Fire District access roadways d. Fire resistive construction and protection of openings. e. Fire sprinkler systems f. Fire flow criteria • g. For construction requirements in the "Hazard Fire Area" refer to the following web site: http•//www co sari-bernardino ca us/landusesennces/DevCode (Chapter 2 Hazard Protection, Article 2 Fire Safety (FR) Overlay District) for an Adobe copy. Also reference RCFPD Ordinance 39, Appendix II-A. Comply with the following guidelines regarding submission of the Fuei Modification plan: Fuel Modification Plans Submit four (4) sets of plans: (1) RCFPD; (1) Job Set; (1) Architectural Plans; (1) Recorded set Approved plan and documentation must be recorded with San Bernardino County prior to release of occupancy. Proof of the recording must be provided to FCS. Submittal Requirements: Site plan (blueprint size) providing details of the zone areas (i.e., Zone °A' -set back 0' - 30'; Zone "B° -irrigation 30' - t30', etc.). 2. Text Document (8-1/2° x 11 °) to include details of how the fuel modification regwrements will be met. This text document will also include the following: (a) Successor clause -statement indicating that any subsequent homeowner must comply with the conditions of the fuel modification plan. ~ ~a (b) Substitution clause -statement to read: "Substitution or replacement of approved plants, with plants from the approved list, may occur without a resubmission, if the plants are a similar and meet the same criteria.' (c) Statement indicating that any major change to the plans (i.e , substitution of more than 50% of the approved plants; theme change and/or method change) wdl require a new submittal to the Fire Distract for review and approval. (d) Any reference to an approved guideline (i.e., LA County; SB County Overlay Districts FR-1, FR-2 or FS-3; Orange County) requires those portions of the guidelines referenced to be included in your document. (e) Minimum 100' of fuel modification distance is required and shall include off-site property within the 100 feet distance. The off-site portion of the plan wdl be considered °thinmng/modification'. A letter from the adiacent property owner must be included in the document OR a notarized letter providing a detailed "diligent effort to contact the adjacent property owner. 3. Mitigations to the fuel modification plan include: (a) Installation of automatic fire sprinklers; or (b) Installation of block walls; or (c) Use of rated construction materials At the discretion of the Fire Distract, fuel modification plans may be requred to validate the design assumptions by providing acomputer-generator model (BEHAVE) of the plan. NOTE: Fuel Modification Plans must be submitted to Fire Construction Services for review and approval pnor to the submittal of architectural drawings. 1. In-fill single-family dwelling_projects located in the Hazardous Fire Area: A simpl'rfied landscapingffuel modification plan may be acceptable. The plan shall detail the defensible, space. Provide a minimum 100-feet defensible space for slopes less than 15% and a larger defensible space may be required for slopes of 15% or more. The proposed and/or existing vegetation must be shown. FR-1 construction requirements must be met. The architect must implement FR-1 Area construction requirements into the design of the home. 2. Mobile, stationary or portable power-operated equipment in the Hazardous Fire Area shall not be used without the Fue Safety Division's written approval. Specific fire protection measures that may be required to mitigate the hazard include, but are not limited to: a. A stand-by water tender, egwpped with a pump, fire hose and nozzle. b. Pre-wetting of the site to avoid the production of sparks between blades or tracks and rocks. c. Conducting a fire watch for a minimum of one-hour following the cessation of operations each day. d. For welding, cutting or grinding work, clear away all combustible material from the area around such operation for a minimum distance of 10-feet. A °hot-work° permit must be obtained from Fire Construction Services pnor to cutting, welding or grinding work. 4 ®~3 e. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one five (5) gallon backpack water pump-type fire extinguisher fully egwpped and ready for use at the immediate area during the operation. FSC-8 Chronological summary of RCFPD Hazardous Fire Area requirements Prior to the issuance of a rough grading permit, the applicant shall obtain the Fire District approval of a preliminary fuel modification/hazard reduction plan and program. The plan(s) shall be prepared by an individual or firm qualified and experienced in wildfire hazard mitigation planning. Prior to the issuance of a building permit, the developer shall have submitted and obtain approval of a final fuel modification plan. Further, the builder shall have completed that portion of the approved fuel modificatioNhazard reduction plan determined to be necessary by the Fire Distract before the introduction of any combustible materials into the protect area. Approval is subject to an on-site inspection. prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modification hazard reduction plan requrements shall be installed, inspected and accepted by the Fire Distract staff. Schedule the inspection with Fire Construction Services at 909-477-2713. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal wdl rewew all requests for alternate method, when submitted. The request must be submitted on the Fire Distract °Application for Alternate Method° form along with supporting documents and payment of the $92 rewew fee. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, 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. Approval of the on-site (private) fire underground and water plans is required prior to any bulding permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. 2. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 3. Public Water Supply (Domestic/Fire) Systems• The applicant shall submit a plan showing the locations of all new public fire hydrants for the rewew and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the protect. All requred public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fue Construction Services must grant a clearance before lumber is dropped. 1j~`i 4. Fuel Modification Plans: Please refer to RCFPD Summary of Fire Hazardous Area requirements. 5. ~ Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 6. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fue flow information from CCWD and submitting the letter to Fire Construction Services. 7. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The bwlding construction must be substantially completed m accordance with Fire Construction Services' °Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Flre Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, m the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fue line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fue flow available. The fire flow available must meet or exceed the required fue flow in_accordance wdh the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fue Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 6 ~j z S 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 9. The CC&R's, the reaprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the requred annual inspections and the maintenance of all required fire access roadways. 10. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 11. Fuel Modification: Please refer to RCFPD Summary of Fire Hazardous Area regwrements. 12. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Matenals/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fue Construction Services. 13. Confidential Business Occupancy Information: The applicant shall complete the Rancho ' Cucamonga Fire Distract °Confidential Business Occupancy Information° form. This form provides contact information for Fire Distract use in the event of an emergency at the subfect bwlding or property. This form must be presented to the Fire Construction Services Inspector. 14. Mapping Site Plan: Pnor to the issuance of a Certificate of Occupancy, a 8'fz' x 11" or 11" x 17° site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as regwred in the standard. The site plan must be reviewed and accepted by the Fire Inspector. ~/ T H E C I T Y O F RANCtIO COCAMONGA Staff Report DATE: July 13, 2005 TO: Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting City Planner BY: Vance Pomeroy, Contract Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16643 - KB HOME GREATER LOS ANGELES INC - A request to subdivide 5.02 acres Into 15 numbered lots for the purpose of developing 15 single-family homes in the Low-Medium Residential District (4-8 dwelling units per acre), located at the northeast corner of Candlewood Street and Etiwanda Avenue -APN: 1100-031-01 thru 04. Related Files: . Conditional Use Permit DRC2004-00825, Development Review DRC2004-00822, and Tree Removal Permit DRC2004-00824. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2004-00825 - KB HOME GREATER LOS ANGELES INC. - A request to review site plans and elevations for two single-family detached homes fronting Etiwanda Avenue, on a portion of Tentative Tract Map SUBTT16643_on 5 02 acres of land, in the Etiwanda Avenue Overlay District and Low-Medium Residential District (4-8 dwelling units per acre), located at the northeast corner of Candlewood Street and Etiwanda Avenue -APN: 1100-031-01 thru 04. Related Files: Tentative Tract Map SUBTT16643, Development Review DRC2004-00822, and Tree Removal Permit DRC2004-00824. Staff has prepared a Negative Declaration of environmental impacts for consideration. VARIANCE DRC2005-00186 - KB HOMES GREATER LOS ANGELES INC. - A request to allow sound walls at the southerly portion of Lots 4, 5, 13, 14, and 15 of proposed Tentative Tract SUBTT16643 to be up to 13 feet In height -APN: 1100-031-01 thru 04. Related Files: Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, Development Review DRC2004-00822, and Tree Removal Permit DRC2004-00824. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00822 - KB HOME GREATER LOS ANGELES INC. - A request to review of site plans and elevations for 15 single-family detached homes on 5.02 acres of land In the Low-Medium Residential District (4-8 dwelling units per acre), located at the northeast corner of Candlewood Street and Etiwanda Avenue -APN: 1100-031-01 thru 04. Related Files: Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, Variance DRC2005-00186, and Tree Removal Permit DRC2004-00824. Staff has prepared a Negatwe Declaration of environmental impacts for consideration. Items C, E, F, G PLANNING COMMISSION STAFF REPORT SUBTT16643, DRC2004-00822, DRC2004-00825 - KB HOME GREATER LOS ANGELES, INC July 13, 2005 Page 2 PROJECT AND SITE DESCRIPTION. A. Project Density: Zone range - 4 to 8 units per gross acre; proposed density - 2.99 units per gross acre. B Sun-ounding Land Use and Zoning: North - Single-Family Residential (partially under construction) South - Vacant Office/Professional; Single-Family Residential East - Single-Family Residential, Vacant, Low-Medwm Residential, Interstate 15 Freeway West - Single-Family Residential, Vacant; Low-Medwm Residential C. General Plan Designations: Protect Site - Low-Medwm Residential North - Low-Medium Residential South - Office/Professional East - Low-Medium Residential West - Low-Medwm Residential, Mixed Use/Retail (VPC) D. Site Characteristics. The generally rectangular protect site faces Etiwanda Avenue and will . include a short cul-de-sac resulting in 3 49 net acres The site abuts the applicant's single-family residential project currently under construction to the north (SUBTT16454). The site is generally flat with a slight down slope from the north to the south A eucalyptus windrow runs east and west near the north side of the site An existing, older wood-sided, single-family house facing Etiwanda Avenue adtacent to the northwest of the site is not part of this protect. ANALYSIS• A General The proposed homes are the same as those in the adjoining prolect (SUBTT16454). This protect is located within the Etiwanda Specific Plan and includes several particular site and architectural design requirements. The 15 lots range from 7,686 to 17,557 square feet in area with an average of 10,186 square feet. The protect provides a single access out to Candlewood Street, which will be partially improved out to Etiwanda Avenue as a result of this protect. B. Design Review Committee: The Design Review Committee (DRC) reviewed the protect on March 15, 2005, and continued the item to give the applicant an opportunity to revise the architecture to better reflect 360-degree architecture. After working with staff on revisions, on May 17, 2005, the applicant showed the DRC improved architectural elevations for the 15 homes and garnered a recommendation for approval subject to a few changes in materials and windows. C. Grading Review Committee: The Grading Review Committee reviewed the project on March 15, 2005, and recommended approval D. Technical Review Committee: The Committee reviewed the project and recommended approval subtect to the conditions outlined in the attached Draft Resolution of Approval E Environmental Assessment• The applicant completed Part I of the Initial Study. Staff completed Part II of the Initial Study in consultation with outside sources and found that there could be significant adverse environmental impacts on short-term air quality during the site preparation C, E~ F G-~ PLANNING COMMISSION STAFF REPORT . SUBTT16643, DRC2004-00822, DRC2004-00825 - KB HOME GREATER LOS ANGELES, INC. July 13, 2005 Page 3 , Such impacts would be caused by grading and egwpment exhaust Mitigation measures will be regwred to reduce the short-term air quality impact to aless-than-significant level. A noise study was also prepared to evaluate the impact of the freeway traffic noise on the proposed residential lots. The study concluded that sound attenuation walls would reduce noise to acceptable levels. Variance DRC2005-00186 has been filed and is part of this staff report for consideration of the height of the sound attenuation walls. The protect will also have an impact upon biological resources because of the proposed removal of on-site heritage trees under the related Tree Removal Permit DRC2004-00824 application. If the Planning Commission concurs, then an issuance of a Mitigated Negatroe Declaration would be in order. VARIANCE FACTS FOR FINDINGS: The applicant is requesting a variance to allow wall heights greater than 8 feet The site abuts Etiwanda Avenue, classified as a Secondary Street in the General Plan and is approximately 150 feet from the I-15 Freeway travel lanes; hence, is subtect to traffic noise levels that exceed the City's standards. The acoustical analysis indicates the need for sound attenuation walls up to 12 feet high relative to the pad heights, plus acoustic upgrades in the homes to reduce the noise to acceptable levels. The purpose of a variance is to provide flexibility from the strict application of development standards; however, the Planning Commission must make the following findings in order to approve the request. The wall height variances have been granted for all other residential protects along the I-15 Freeway. The following are facts to support these findings: Fmdino 1: That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the obfectwes of the Development Code. FacUs: The applicant has requested flexibility with the regwred wall height in order to construct sound attenuation walls to reduce traffic noise in compliance with the City's standards - Variances for similar wall heights were granted previously for surrounding tracts. Finding 2: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to -other properties in the same district. FacUs. The protect site is unusual because it is located adtacent to a mafor divided highway and the elevated I-15 Freeway. Finding 3: That strict or literal interpretation and enforcement of the specified regulation would deprave the applicant of privileges entoyed by the owners of other properties in the same distract. FacUs: Without the Variance, the protect would be deprived of privileges entoyed by other owners within the same distract to develop single-family residences and to construct sound attenuation walls necessary to protect said homes from excessive traffic noise levels The proposed wall heights are consistent with those on surrounding properties for which the Planning Commission has granted variances. • Fmdino 4: That the granting of the Variance will not constitute a grant of speaal privilege inconsistent with the limitations on other properties or improvements in the vanity. ~~ Ej ~j ~ 3 PLANNING COMMISSION STAFF REPORT • SUBTT16643, DRC2004-00822, DRC2004-00825 - KB HOME GREATER LOS ANGELES, INC. July ~ 3, 2005 Page 4 FacUs. Because the location of the site adjacent to a major noise source is unique, the proposed project will be in the spent of other variances that have been approved in the general area. Finding 5: That the granting of the Vanance will not be detrimental to the public health, safety or welfare, or materially iniunous to properties or improvements in the viciroty. FacUs• Granting of the Vanance wdl not be detrimental to the public health, safety, or welfare or be materialty injurious to properties or improvements m the wcimty. On the contrary, granting of the variance wdl reduce noise levels to levels consistent with City standards; hence, prevent exposure of residents to excessive noise levels. Based on the above analysis, staff believes that there are sufficient facts to support the findings. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dadv Bulletin newspaper, the property was posted, and notices were marled to all property owners within a 300-foot radius of the project sde. al of the project through adoption of the attached fated Negative Declaration. • BB.VP/ge Attachments: Exhibit A -Site Utilization Map Exhibit B -Tentative Tract Map Exhibit C -Detailed Site Plan Exhibd D -Conceptual Landscape Plan Exhibd E -Conceptual Grading Plan Exhibit F -Floor Plans and Elevations Exhibit G -Sound Wall Vanance Request Exhibit H -Design Review Committee Action Comments Dated May 17, 2005 Exhibit I -Initial Study Draft Resolution of Approval for Tentative Tract Map SUBTT16643 Draft Resolution of Approval for Conditional Use Permit DRC2004-00825 Draft Resolution of Approval for Variance DRC2005-00186 Draft Resolution of Approval for Design Review DRC2004-00822 C~E~ I-r ~" --~ Acting City Planner SLII-:~ rooe~ H92-88L1e '~] •NOIIOd IOS 81108 'VO a31N88 81Ye0dl100 IQo aw seDexr sm aarraao® 9 . ..dF • I 1 i~ "9'"°"°®~'"A'~ NO/1 r7/711R 31/S cram Lorca 3,wr1N3~ ._..... .... ia~ uunm w i r~ ! .;4~y~~, NnNnN~ ~^R.°N ~~~~ ~s~ ~~~ 9 ~ r `. t ~~ ~ ~ ~ _ m ~ ~ 0 o f 8 ~U~e ~ 5p E~ F c 3 ~I! ` S Om .~r ~>~~e~ ~~~ 0 z a~ ~ F $ 'EXHIBIT A ~f i !~ 9~; ~~ r~~ ~ ~ d hj 1 ye9~ ~ , j 1 0!i i ~'a i .; t ` ~~~ E: ~ 3~~ 9 f 4!! i \' ~' ~_~_L~1 ~ ' Aga @ ~ _ I .,~\ _ ~~~ i~ .~ ~~ ~ ~ W I ~ ~ _v U j 1 ; ~~ ~I \` ` `~ 1 ~- T/ :.. ` ., I G ~ ~ ~ _ ~ ~ - -" ~ p4p ~o~`= geeo Fz~~~~~ "aAe! ~Fo~~~e `Q~°a, p~p ~E-`=~~Idl 43A3p6pyAyl~! 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WALL Iz o _ -~FRfE~-+oo ~ ..T~ TRACT 16643 I s"~T SOUND WALL EXHIBIT 1 of ; MADOLE & ASSOCIATES, INC CONSULTING CML ENGINEERS LAND PLANNERS AND LAND SURVEYORS 760-A S. ROCHESTER AVENUE ONTARIO, CA 91761 (909) 937-9151 DESIGN REVIEW COMMENTS 7.00 p m Vance Pomeroy May 17, 2005 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16643 - KB HOME GREATER LOS ANGELES, INC. - A request to subdivide a 5.02 acre property into 15 numbered lots for the purpose of developing 15 single-family homes in the Low-Medium Residential Distract (4-8 dwelling units per acre), located at the northeast comer of Candlewood Street and Etiwanda Avenue - APN 1100-031-01, 02, 03, and 04 Related Files Development Revew DRC2004-00822, Conditional Use Permit DRC2004-00825, and Tree Removal Permit DRC2004-00824 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00822 - KB HOMES GREATER LOS ANGELES, INC - A request for revew of site plans and elevations for 15 single-family detached homes on 5 02 acres of land in the Low-Medium Residential Distract (4-8 dwelling units per acre), located at the northeast corner of Candlewood Street and Etiwanda Avenue - APN: 1100-031-01, 02, 03, and 04 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2004-00825 - KB HOMES GREATER LOS ANGELES, INC - A request to review site plans and elevations for two single-family detached homes fronting Etiwanda Avenue, a portion of Tentative Tract Map SUBTT16643 on 5.02 acres of land, in the Etiwanda Avenue Overlay District and Low-Medum Residential Distract (4-8 dwelling units per acre), located at the northeast comer of Candlewood Street and Etiwanda Avenue - APN. 1100-031-01, 02, 03, and 04. • Design Parameters/Backoround The Design Review Committee originally reviewed this protect at the March 15, 2005 meeting (DRC Comments attached). At that meeting the DRC continued the protect to give the applicant an opporturnty prinapally to improve the design and appearance of the house designs, especially along the rear and side elevations With the additional design regwrements of the Etiwanda Speafic Plan, the DRC is paying particular emphasis on better adherence to the concept of 360-degree architecture in massing and matenals 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 protect 1.The Design Review Committee directed the applicant to exhibit 360-degree architecture by extending the matenals and massing of the front elevation to the sides and the rear. The applicant had expressed adesire-to-make the proposed tract an extension of Tract 16454 (under construction) abutting the proposal to the north Although the northerly tract is successful m the exhibition of a nch matenal pallet that will be duplicated in this proposal, it does lack a continuity of the use of those matenals for the side and rear elevations \_J EXHIBIT H ~,E,F~-~~~- The applicant worked with staff to revise the drawings according to the direction of the Committee . While the general Floor Plans found in the adtacent tract are used, significant improvements are made to the massing and bulkiness of the elevations by using pop-outs, new gables, broken rooflines, and more extensive use of the siding matenals found on the front elevation Staff Recommendation: Staff recommends approval of the project as presented. Desinn Review Committee Action: Members Present• McPhail, Stewart, Coleman Staff Planner: Vance Pomeroy The Committee recommended approval subtect to the following: 1 Add appropnate corbels/braces to the pop-outs on design Numbers 3192 and 3315 2.On design Number 3595, the Spanish elevations should include mullioned windows 3 On design Number 3595, the optional chimneys should provide decorative enhancement including the use of stone 4 The sound walls along Candlewood Street should provide a different color or texture on the lower portion to de-emphasize the height Honzontal application of darker colors on the bottom can make the wall "look" shorter 5 Plant Spotted Gum replacement trees • ~- CM of Rencno Cucemonpa Plannlnp Dmsbn (908)477-2750 ENVIRONMENTAL INFORMATION FORM (Part I -Initial Study) (Please type or print cleady using Ink Use We tab key to move from one I/ne to the near gmJ Appbcabon Number for the pro/ect to which this form pedams Tentative Tract 16643 Pro/ect Title Lexington II Etrwanda Name 8 Address ofprofed owner(s). KH HOME Greater Los Anqeles Inc 801 Corporate Center Dnve, Suite 201 Pomona, CA 91768 Name&Addressof developerorprofectsponsor Same Contact Person & Address Jary Cockroft KB Home Greater Los Anqeles Inc , (909) 802-1133 Name 8 Address of person prepanng this form (it drNe2nt /rom above) '~ .b •~ ~~~ - ~ Paget Created on 5/22/2002 409 PM INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Please note that it is the IesponsiDillly or me appacanr m ensure mar the application is complete at the time of submittal, City staff will not be available to perform work required to provide missing rnformabon. , PROJECT INFORMATION & DESCRIPTION: InPorma6on indicated by an astensk (') is not requimd of nonoonstruction CUP's unless othervnse requested by staff. •1) Prowde a full scale (8-1/1 x 11) copy of the USGS Quadrant Sheet(s) which includes fhe proled site, and indicate the sde boundaries. 2) Pmwde a set o/color photographs that show repn:sentabve views into the sde from the north, south, east and walk views into and mm the sde Irom the pnmary access points that serve the site; end representafrve views of significant features j or the sde. Include a map shoKnng location of each photograph. 3) Project location (describe): NEC Etiwanda Avenue 8 Candlewood 4) Assessors Parcel Numbers (attach add~6ona1 sheet d necessary): APN's 1100-031-01 1100-031-02 1100-031-03 1100-031-04 •5) Gross Sde Area (adsq. ft): 5 02 '6) Net Sde Aree (tote/ site size minus area o/public streets 8 proposed 3 49 dedications): 7) Descnbe any proposed general plan amendment or zone change whrch would affect the pro/act site (attach additional sheet i/necessary): None 8) Include a descnpbon of all permits whrch wdl be necessary /rom the City o/ Rancho Cucamonga and ofher governmental agencies in order to tufty implement the pro/ecL• Rou h Gradln Permit Flne Grade Permit, Bulldm Permits Tree Removal Permit 9) Descnbe the physical setting o/the site as it exists before the project including informabon on topography, soil exesbng sWCtures onnsde (m fact ng age and condi on) and~hei useeo/tthe structures. Attach photographs o/any significant features descnbed. In add~6on, cite all sources of information (~.e., geological and/or hydrologic studies, biotic and archeological surveys, trenic studies). Pro act consists of o en rass areas Eucal tus and various clam in of trees and brush scattered throw hout with a eneral fall of land from north to south at an a roximate recta of 2%. Storm dram and sewer construction has recent) been coin feted with the easement for Candlewood. EnvironmentallnfoFortn dx Paga 2 Created on 5222002 4 09 PM 10) Descnbe the known cultural and/or hrstoncal aspects of the site Cite all souroes of rnformahon (books, published reports end oral history): None • 11) Descnbe any noise sources end theirlevels that now affect the sde (arroraR, roadway noise, etc) and how they will affect proposed uses: Significant sources of noise generation include I-15 and to a lessor extent Etrvvanda Avenue Noise Impacts are to be mitigated by structure up-grades and by the use of sound attenuation walls 12) Descnbe the proposed pro/ect In detalL This should prowde an adequate descnpt~on or the site m terms of ultimate use that will result from the proposed pro/ect Indicate d there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion o/each rncromenf Attach additional sheet(s) r/necessary. Protect to consist of 15 single family residences and accompanying street sewer water and drainage improvements Infrastructure improvements will be m one phase while final gradmq and buildmgs will be _ completed in approximately 3 phases Phasing will be In immediate succession EnvironmentallnfoFOnn doc Page 3 Created on 5/22/2002 4.09 PM C)~~F',Cr~l 13) Descnbe the surrounding properties, including in/ormabon on plants and animals and any cultural, htstoncal, or scenic aspects lnd~cate the type of land use (residential, commeroral, etc ), infensrty o/land use (one-famtty, apartment houses, shops, department stores, etc) and scale of development (height frontage, setback, rear yaN, etc.). ,~ ._ _ ,_... __~.......,,,..~,«, ~„hrlivicinn rnnsistin0 of 117 single famlry homes current well land the area to the east is Etlwanda Avenue and vacant land zoned for sln le fame dwellln s. 1q) ill the proposed Prolect change the pattern, scale or character o/the surrounding general area o/ihe proledT most the ro act should not chan a the character of the area 15) no se levels aNect ad/ece~ propert~as and ones to usesa gWhat mtethods o(l soundproofing are proposedTwdl these o~...... ...-•- ---- - traffic to the area wl ave a mo era a Im Im act dunn develo ment created b construction a ul ment and tools •16) Indicate proposed ramovals and/or replacements o/mature orscemc trees __~ _,._.i ...............m.l }n he ramnVed based On d~ 17) Indicate any bodies of water (including domestic water supplies) into which the site drains. wa an south of the ro act ad scent to Foothill Bivd EnvironmentallnfoForm doc Page 4 Created on 5/222002 4 09 PM . 18) Indicate expected amount of water usage (See Attachment A for usage esl imate7. For further clanfication, please contact the Cucamonga County Water Dtstnct at 987-2591 a Residential (gaUday) 9.000 00 _ Peak use (gal/Day) 18 000 00 b. CommerciaUlnd (gal/day/ac) Peak use (gal/mm/ac) 19) Indicate proposed method o/sewage d~sposa/ O Sepbc Tank ®Sewer. Il septic tanks ere proposed, attach percolahon tests I/discharge to a sanitary sewage system is proposed indicate expected daily sewage generation (See Attachment A (or usage estimates). For further clanficabon, please contact the Cucamonga County Water Dtstnct at 987-2591 e. Residential (gal/day) 4.050 00 b. Commercral/Industnal (gal/day/ac) RESIDENTIAL PROJECTS: 20) Numbero/resrdenbalunrts 15 ac (md~cate range of parcel saes, minimum lot srze and maximum lot sne: Mlmmum lot srze - 7 839 square feet Maximum lot srze = 14 532 square feet, Avera a lot size = 10 127 s uare feet the (md~cate whetherumts are rental or for sale units) for sale 21) Anhc~pated range o/sale pnces and/or rents Sale Pnce(s) $495.000 00 _ to $600.000 00 Rent (per month) S to $ 22) Specdy number of bedrooms by unrt type. All units are minimum 3 bedrooms with o dons on some lans for u to 6 bedrooms 231 Indicate anhcipated household srze by unit type Sln le-famll dwellln s with a roxlmatel 5 ersons er household L J EnvironmentallnfoFOrm doc Page 5 Created on 522/2002 4 09 PM 1 24) Indicate the expected numbero/school children who wdl be residing within the pm/ed Contact the appmpnate School Dlstncts as shown in Attachment B. 'a Elementary: ~8 b. Junior High: c Senior High L COMMERCIAL INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type o/use(s) and ma/orluncbon(s) of commercial, mdustnal or msbtutional uses: 26) Total ftoorarea o/commercial, mdustnal, orinshtuhonal uses by type 27) Indicate hours o/opere8on: 28) Numberofemployees: Total Maximum Shift: Time of Maximum Shrlt 29) Provide breakdown ofanhcipated/ob classifications, including wage and salary ranges, as well as an Indication o/the rate o/hire for each Gassficabon (attach add~Gonal sheet d necessary). 30) Estimation of the number of wodrers fo be hired that currently reside in the •31) Fo commercial and industrial uses only, indicate the source, type and amount of air pollution emissions. (Data should be ven(ed through fhe South Coast Air Quality Management District, at (818) 572-6283): • EnvironmentallnfoFonn doo /1 PagCe 6 ( ~ lirl 1 ~~~ Created on 5/22/2002 409 PM •~. - - ALL PROJECTS 32) Have the water, sewer, fire, and/food control agencies serving the pro/ect been contacted to determine their abddy to provide adequate service to the proposed prolect7 It so, please indicate their response CVWD (water and sewer) R C F D (fire) and the City of Rancho Cucamonga (drainage) have been contacted re ardin this ro ect and well be able to ade uatel rowde the assoaated services 33) In the known history o/this property; has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples o/hazardous and/or toxic materials include, but are not limited to PCB's, red~oacbve substances; pesticides and herbicides, fuels, oils, solvents, and other flammable I~quids and gases. Also note underground storage o/any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, r/known. No known uses • 34) Will the proposed project involve the temporary orlong-term use, storage or discharge o/hazardous and/or toxic materials, including but not limited to those examples listed above? I/yes, provide an inventory of all such matena/s to be used and proposed method o/disposal The location o/such uses, along wdh the storage and shipment areas, shall be shown and labeled on the appl~cabon plans. No known ro osed uses I hereby cert~ty that the statements furnished above and in the attached exhibits present the data and information required for t ~ he best ofmy knowledge sold belre/ I furtherunderstandthat ad ctonaatemenabon maybe requ red to be submitted befo an adequate evaluation can be made by the City o/Rancho Cuc onga Date 8/17/04 Signature Tdle • of EnvironmentallnfoFOrm doc ?a~ ~ ~ ~ ~ Created on 522/2002 409 PM Page 1 of 1 TopoZone -The Web's Topo~aphic Map SU$1C" ~ ~ ~e~3 Oi.Y MO if Y4il R• II' t Ol~ •iI.YV... wR.YI•IQ •.• i.1..W.Yl4.! ~~ r1 WM YL ...+1.:. .. .:YYY':..• s.^A. rw w=w..v.,1e ~ • acw=, _ i• 51911DI1 , :: ~a..~~-___~.a.a_ d!i mac:.:. /'__ ~{Yr,. ... . i •....: l v .. ....,a - .......... Y, . ... tea': 33=L1: Y. {v y~.•.~{}~I•oy~~Cg9•.~ X04 - c ~1 (( •..1. •~t.. •..wi Y..- r - ~ ~ ~ _-- _ ~^~„1..~~ -.`'f~ ~ II `I f ` 9 'wry '~> r _ n_1 ti 11 ~_ ~ r t J < r ! y. i • ~ _ ,I:uG.iFSS~3' -jl /'I r r ~' I ~~ r R_ rte. - -.~.. is \~' _.r^~"""` ,rte is ,,, ~t Y~~'e~__" _~~.-.... ,..:s i~'T! ~~ .-~ eLVO~ ~ `~, I/ conf' °-..~..,.,' W`„ --~ "'- ,-' y. Perk ~.~+. _ ~~ ~ ~ , 7 _ _ . ` - e ._._.. _ rF ~~ . 0 0.3 0.6 0.9 1.2 1.5 km 0 0,2 0.9 0.6 0.a 1 mi Map center is UTM 11 451828E 3775214N (WGS84/NAD83) M=13.406 • GUASTI quadrangle Projection is UTM Zone it NAD83 Datum G=-0.293 M is ~D r s H • ,. r a ~o .. 0 c ~_ a~ w 0 2 m a m .- 0 c _~ m m m i 0 ~--d I~j / i ~ J ... 0 w m U O W O Q y N H (p ~r r •.+ N (0 w C Y O _O f6 a c 0 0] a N d O L a 0 z n N G) m C O O m c 0 m T a o. a w fr...J BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II Project File: Tentatve Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, and DRC2004-00822 2. Related Files: None 3. Description of Project: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16643 - KB HOME GREATER LOS ANGELES INC - A request to subdivide 5 02 acres into 15 numbered lots for the purpose of developing 15 single-family homes in the Low-Medium Residential Distract (4-8 dwelling units per acre), located at the northeast corner of Candlewood Street and Etiwanda Avenue -APN 1100-031-01, thru 04 Related Files: Conditional Use Permit DRC2004-00825, Development Review DRC2004-00822, and Tree Removal Permit DRC2004-00824. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00822 - KB HOME GREATER LOS ANGELES INC - A request for review of site plans and elevations for 15 single-family detached homes on 5 02 acres of land in the Low-Medwm Residential Distract (4-8 dwelling units per acre), located at the northeast corner of Candlewood Street and Etiwanda Avenue -APN• 1100-031-01 thru 04. Related Files Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, and Tree Removal Permit DRC2004-00824. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2004-00825 - KB HOME GREATER LOS ANGELES INC - A request to review site plans and elevations for two single-family detached homes fronting Etiwanda Avenue, a portion of Tentative Tract Map SUBTT16643 on 5 02 acres of land, in the Etiwanda Avenue Overlay District and Low-Medwm Residential Distract (4-8 dwelling units per acre), located at the northeast corner of Candlewood Street and Etiwanda Avenue -APN: 1100-031-01 thru 04 Related Fies Tentative Tract Map SUBTT16643, Development Review DRC2004-00822, and Tree Removal Permit DRC2004-00824. 4. Project Sponsor's Name and Address: KB Home Greater Los Angeles Inc 801 Corporate Center Dnve, Swte 201 Pomona, California 91768 5. General Plan Designation: Single-Family Residential 6. Zoning: Low-Medium Residential and Etiwanda Avenue Overlay Distract 7. Surrounding Land Uses and Setting: The protect consists of 5 02 acres of vacant land easterly and adtacent to Etiwanda Avenue, south of Base Lme Road, and approximately 80 feet from Interstate 15 to the east The property to the north and east is residential development under construction (Tract 16454 and Tract 16455), to the west is single-family residential development, and to the south is vacant land in the Office/Professional Zone 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Croic Center Dnve Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Vance Pomeroy (909) 477-2750 C J ~l~ ~ _~-q KB HOME GREATER LOS ANGELES INC. City of Rancho Cucamonga Initial Study for SUBTT16643/DRC2004-00824/DRC2004-00825/DRC2004-00824 Page 2 10. Other agencies whose approval is required (e g., permits, financing approval, or participation agreement): None GLOSSARY-The following abbreviations are used in this report: EIR -Environmental Impact Report FEIR-Final Environmental Impact Report NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM10 -Fine Particulate Matter RWOCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management Distract URBEMIS7G -Urban Emissions Model ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The envvonmental factors checked below would be potentially affected by this protect, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages (/) Aesthetics ()Agricultural Resources (/) Air Quality (/) Biological Resources (/) Cultural Resources (/) Geology & Sods ()Hazards & Waste Matenals (/) Hydrology & Water Quality ()Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing OPublic Services O Recreation O Transportahonlfraffic O Utilities & Service Systems OMandatory Findings of Signficance DETERMINATION On the basis of this initial evaluation () I find that the proposed protect COULD NOT have a significant effect on the environment A NEGATIVE DECLARATION will be prepared (/) I find that although the proposed protect could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the protect have been made by, or agreed to, by the protect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed protect MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required () I find that the proposed protect MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is requred, but it must analyze only the effects that remain to be addressed () I find that although the proposed protect could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION_pur ant to applicable standards, and 2) have been avoided or mitigated pursuant ~ ~ earlier or NEGATIVE DECLARATION, including revisions or mitigation mea that are impo ed pon the proposed protect, nothing fu/rthper is r~ej/q~uired Prepared By Date ~J "`~v ~~~ Reviewed By /1' ~ `-- l„~ir,V Date: 2 U ~ Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 3 EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the prolect• a) Have a substantial affect a scenic vista? () () () (/) b) Substantially damage scenic resources, including, () () () (/) but not limited to, trees, rock outcroppings, and historic bwldings within a State Scenic Highway c) Substantially degrade the existing visual character () () () (/) or quality of the site and its surroundings? d) Create a new source of substantial light or glare, () () (/) ( ) which would adversely affect day or nighttime views in the area Comments• a) There are no significant vistas within or adjacent to the prolect site. The site is not within a view corridor according to General Plan Exhibit III-15 b) The prolect site contains no scenic resources and no historic buildings within a State Scenic Highway There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located in a residential area and is characterized by single-family residential development to the north, east, and west with vacant land in the Office/Professional Zone to the south The casual quality of the area will not degrade as a result of this prolect Design review is required prior to approval. City standards require the developer to underground existing and new uttlity Imes and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution d) The prolect will create new light and glare because the site is currently vacant The design and placement of light fixtures will be shown on Site Plans which requve review for consistency with City standards that regwre shielding, diffusing, or indirect lighting to avoid glare Lighting wdl be selected and located to confine the area of tlluminabon to wthin the prolect site The impact is not considered significant 2. AGRICULTURAL RESOURCES. Would the prolect a) Convert Prime Farmland, Unique Farmland, or () () (/) ( ) Fannland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or () () () (/) a Williamson Act contract? c) Involve other changes in the existing environment, () () () (/) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural uses Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance The sde is located in a residential area and is characterized by single-family residential development to the north, east, and west with vacant land m the C~>~, ~ U -(ml Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 4 Office/Professional Zone to the south There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2 The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful, therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated ~_~ b) There is no agriculturally zoned land within the City of Rancho Cucamonga There are no Williamson Act contracts within the City c) The site is located in a residential area and is characterized by single-family residential development to the north, east, and west with vacant land in the Office/Professional Zone to the south There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2 The major concentrations of designated farmlands are located in the southem and eastern portions of our City that is characterized by existing and planned development Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful, therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan The sde is not located within this area However, the General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Councl 3. AIR QUALITY. Would the pro~ecY a) Conflict with or obstruct implementation of the () () () (/) applicable air quality plan? b) Violate any air quality standard or contribute () (/) () ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase () () () (/) of any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient av quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () (/) () ( ) concentrations? e) Create objectionable odors affecting a () () () (/) substantial number of people Comments: a) As noted in the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the cdywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations C~ F ~ U -~a Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 5 was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions In addition, fugihve dust would also be generated during grading and construction activities While most of the dust would settle on or near the protect site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area Construction is an on-going industry m the Rancho Cucamonga area Construction workers and equipment work and operate at one development site until their tasks are complete They then transfer to a different site where the process begins again Therefore, the emissions assoaated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region Nevertheless, fugitive dust and equipment emissions are regwred to be assessed by the Scuth Coast Air Quality Management Distract (SCAQMD) on a protect-speafic basis Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit . construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Alr Quality Management District (SCAQMD) as well as City Planning Staff. -- 3) - All-paints and coatings-shall-meet or exceed-performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Sweep streets according to a schedule established by the City if silt is carved over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. C/ ~~ ~ (,--63 Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 6 Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) m accordance with Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, m accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 0) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. g) The construction contractor shall ensure that construction grading plans Include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5 6) Based upon the Urban Emissions Model (URBEMIS7G) estimates in Table 5 6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Particulate Matter (PM~o) would exceed SCAQMD thresholds for significance, therefore, would all be cumulatively significant if they cannot be mitigated on a protect basis to a level less-than-significant The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Counal. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon the URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, therefore, would all be cumulatively significant if they cannot be mitigated on a protect basis to a level less-than-significant The following mitigation measures shall be implemented 10) All residential and commerual structures shall be required to incorporate high-efficiency/low-polluting heating, av conditioning, appliances, and water heaters 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the atywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overnding Considerations was ultimately adopted by the Cdy Council c) As noted in the General Plan FEIR (Section 5 6) continued development would contnbute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a . significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Counal The protect proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAQMD identifies the following as sensitive Initial Study for SUBTT16643, DRC2004-00822 8 DRC2004-00825 City of Rancho Cucamonga KB Home Page 7 receptors long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic faalities. According to the SCAQMD, protects have the potential to create significant impacts if they are located within 'h-mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 According to the SCAQMD, protects have the potential to create significant impacts if they are located within Y,-mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 The protect site is located within Y.-mile of a sensitive receptor single-family residences to the east and west Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan During construction, there is the possibility of fugitive dust to be generated from grading the site The mitigation measures listed under b) above will reduce impact to less-than-sigmficant levels e) Typically, the uses proposed do not create obtectionable odors No adverse impacts are anticpated 4. BIOLOGICAL RESOURCES. Would the pro/ect. a) Have a substantial adverse effect, either directly or () () () (/) through habitat modifications, on any species identified as a candidate, sensitive, or speaal status speces m local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service? b) Have a substantial adverse effect on riparian () () () (/) habitat or other sensitive natural community identified m local or regional plans, polices, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally () () () (/) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means? d) Intertere substantially with the movement of any () () () (/) native resident or migratory fish or wildlife speces or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local polices or ordinances () (/) () ( ) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat () () () (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan Comments: • a) The protect site is located in an area developed with residential uses The site has been previously disrupted dunng construction of infrastructure and surrounding developments and annual disang for weed abatement According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered speces of Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 8 plants or animals because of the fact that the protect is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan b) The protect site is located in an urban area with no natural communities No riparian habitat exists on-site, meaning the protect will not have any impacts c) No wetland habitat is present on-site As a result, protect implementation would have no impact on these resources d) The matority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed No adverse impacts are anticipated. e) There are Eucalyptus windrow heritage trees on the protect site The applicant has filed an application for Tree Removal Permit DRC2004-00824 to remove the windrow. The Etnrvanda Specific Plan acknowledges that Blue Gum Eucalyptus windrows should be replaced and expanded through planting of new Spotted Gum windrows 1) Tree Removal Permit is required for the removal of the Eucalyptus windrow trees and a replacement program must be in place in the manner specified in the New Windrow Planting Guidelines within the Etiwanda Specific Plan. f) The protect site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4 No conflicts with habitat conservation plans will occur 5. CULTURAL RESOURCES. Would the pro/ect. a) Cause a substantial adverse change in the () () () (/) significance of a historical resource as defined m § 15064 5? b) Cause a substantial adverse change in the () (/) () ( ) significance of an archeological resource pursuant to § 15064 5? c) Directly or indirectly destroy a unique () (/) () ( ) paleontological resource or site or unique geologic feature d) Disturb any human remains, including those (} () () (/) interred outside of formal cemeteries Comments: a) The protect site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2 24 (Historic Preservation) There wdl be no impact b) There are no known archaeological sites or resources recorded on the protect site, however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5 11) Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented 1) If any prehistoric archaeological resources are encountered before or during grading, the developer wdl retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: C,, E, F, CT ~~ Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga • KB Home Page 9 • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their speual qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5 11) indicates that the Rancho Cucamonga area is on an alluvial fan According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of- influence, including the protect site, however, the area has a high sensitivity rating for paleontological resources The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modem man occurred, • may contain significant vertebrate fossils The protect site is underlain by Quatemary alluvium per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented. 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum d) The proposed protect is in an area that has already been disturbed by development The project site has already been disrupted by construction of infrastructure and surrounding developments and annual discing for weed abatement No known religious or sacred sites exist within the protect area No adverse impacts are antiapated C,, Ej F, ~~7 Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga • KB Home Page 10 8. GEOLOGY AND SOILS Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, intury, or death involving i) Rupture of a known earthquake fault, as () () () (~) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Speaal Publication 42 u) Strong seismic ground shaking? () () () ('~) m) Seismic-related ground failure, including () () () (~) liquefaction rv) Landshdes~ O O O (~) b) Result in substantial soil erosion or the loss of () (~) () ( ) topsad7 c) Be located on a geologic umt or sod that is () () () (~) unstable, or that would become unstable as a result of the protect, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive sod, as defined in Table () () () (`~) 18-1-B of the Uniform Buldng Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the () () () (`~) use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments• a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5 1 of the General Plan FEIR The Red Hdl Fault, passes within 2 5 miles northwest of the site, and the Cucamonga Fault Zone lies approximately 7 miles northwest These faults are both capable of producing Mw 6 0-7 0 earthquakes Also, the San Jaanto Fault, capable of producing up to Mw 7 5 earthquakes, is northeasterly of the site and the San Andreas Fault, capable of up to Mw 8 2 earthquakes, ~s northeasterly of the site Each of these faults can produce strong groundshaking Adhering to the Uniform Building Code vwll ensure that geologic impacts are less-than-signficant. • b) The Rancho Cucamonga area is subtect to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this protect under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, • bwldings, and landscaping are established Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RWOCB) daily to reduce PM~oo emissions, in accordance with SCAOMD Rule 403. CJ~J r/ ~-~ g Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 11 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~e emissions assouated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 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 SCA~MD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. c) The General Plan FEIR (Section 51) indicates that subsidence is generally associated with large decreases or withdrawals of water from the agwfer The protect would not withdraw water from the existing aquifer. The site is not within a geotechmcal hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5 1-2 Soil types on-site consist of Hanford Sandy Loam Soil associabon according to General Plan FEIR Exhibd 5 1-3 No adverse impacts are anticipated d) The matonty of Rancho Cucamonga, including the protect site, is located on alluvial soil deposits These types of soils are not considered to be expansive Sod types on-site consist of Hanford Sandy Loam Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5 1-3 No adverse impacts are anticpated • e) The protect will connect to, and be served by, the existing local sewer system for wastewater disposal No septic tanks or alternative wastewater disposal is proposed 7. HAZARDS AND WASTE MATERIALS. Would the project. () () () (/) a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and acadent conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment? e) For a protect located within an airport land use plan () () () (/) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the pro/ect result m a safety hazard for people residing or working in the protect area? f) For a protect within the vicinity of a private airstrip, () () () (/) would the pro/ect result m a safety hazard for people residing or working m the protect area? (~ / ~/ 1 ~/ U ICJ l Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga . KB Home Page 12 g) Impair implementation of or physically interfere with () () () (~) an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of () () () (~) loss, intury or death involving wildland fires, including where wildlands are adtacent to urbanized areas or where residences are intermixed with wildlands? Comments• a) The project wdl not involve the transport, use, or disposal of hazardous materials The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state. The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations conceming the storage and handling of hazardous materials and/or waste wdl reduce the potential for significant impacts to a level less-than-significant No adverse impacts are expected b) The proposed protect does not include the use of hazardous materials or volattle fuels. The City particpates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels wdl reduce the potential for significant impacts to a level less-than-significant No adverse impacts are anticpated c) There are no schools located within '/.-mile of the protect site The protect sde is located wthin %mile of the nearest existing or proposed school Typically, the uses proposed do not create ob/ectionable odors No adverse impacts are anticipated. d) The proposed protect is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials No impact is anticpated e) The site is not located within an airport land use plan and is not within 2 miles of a public airport The protect site is located approximately 4 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2 Y: miles to the west of the Citys westerly limits No impact is anticipated g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster Because the protect includes at least two points of public street access and is regwred to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban M Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005, however, the proposed protect site is not located within a high fire hazard area according to General Plan Exhibit V-7 Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 13 8. HYDROLOGY AND WATER QUALITY. Would the pro/ect. () () () (/) a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or () (/) () ( ) interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g , the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of () () () (/) the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of () () () (/) the site or area, including through the alteration of the course of a stream or aver, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off- site~ e) Create or contribute runoff water which would () () () (/) exceed the capaaty of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality () (/) () () g) Place housing within a 100-year flood hazard area () () () (/) as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map9 h) Place within a 100-year flood hazard area () () () (/) structures that would impede or redirect flood flows i) Expose people or structures to a significant risk of () () () (/) loss, intury or death involving flooding, including flooding as a result of the fatlure of a levee or dam? t) Inundation by seiche, tsunami, or mudflow~ () () () (/) Comments' a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD) and will not affect water quality standards or waste discharge requirements The protect is designed to connect to existing water and sewer systems b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2 The development of the site will require the grading of the site and excavation, however, would C~~, F ~7"'"~~ Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 14 not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued development atywide will increase water needs and is a significant impact, however, CVN/D has plans to meet this increased need through the construction of future water facilities The following mitigation measure shalt be implemented 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance mfdtration include Dutch drams, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. c) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The protect design includes landscaping of all non-hardscape areas to prevent erosion A Grading and Drainage Plan must be approved by the Bwlding Official and City Engineer prior to issuance of Grading Permits Therefore, the protect will not result in substantial erosion or siltation on- or off-site The impact is not considered significant d) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or aver All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A Grading and Drainage Plan must be approved by the Building Offiaal and City Engineer prior to issuance of Grading Permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticpated e) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The protect will not result in substantial additional sources of polluted runoff A Grading and Drainage Plan must be approved by the Bwlding Official and City Engineer prior to issuance of Grading Permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts The site is more than 1 acre, therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution The following mitigation measures shall be implemented 2) Prior to issuance of budding permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Gwdelmes for New Development and Redevelopment adopted by the City of Rancho Cucamonga m June 2004. 3) Prior to issuance of grading or paving permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's C, ~i ~ U' '7 2- Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 15 Identification Number) shall be submitted to the Crty Engineer for coverage under the NPDES General Construction Permit. g) The prolect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected h) The prolect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows This existing system includes several debrs dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6 The prolect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected I) There are no oceans, lakes, or reservoirs near the prolect site, therefore, impacts from seiche and tsunami are not anticpated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City 9. LAND USE AND PLANNING. Would the prolect. a) Physically divide an established community? () () () (/) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with jurisdiction over the prolect (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation () () () (/) - plan or natural community conservation plan? Comments: a) The site is located in a residential area and is characterized by single-family residential development to the north, east and west with vacant land in the Office/Professional Zone to the south. This prolect will be of similar design and size to surrounding residential development to the north, east and west The prolect will become a part of the larger community No adverse impacts are anticipated b) The prolect site land use designation is Residential Low-Medium Density The proposed prolect is consistent with the General Plan and does not interfere with any polices for environmental protection As such, no impacts are anticipated c) The prolect site is not located within any habitat conservation or natural community plan area According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the prolect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the prolect is surrounded by urbanized land uses and is consistent with the General Plan Land Use Pian C, E, ~ C~~3 Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 16 10. MINERAL RESOURCES. Would the pro/ect• a) Result in the loss of availability of a known mineral () () () (/) resource that would be of value to the region and the residents of the State b) Result in the loss of availability of a locally () () () (/) important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan Comments• a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery sde, therefore, there is no impact 11. NOISE. Would the project result in. a) Exposure of persons to or generation of noise () (/) () ( ) levels m excess of standards established in the local general plan or noise ordinance, or applicable standards of other agenaes7 b) Exposure of persons to or generation of excessive () () () (/) ground borne vibration or ground borne noise levels? c) A substantal permanent increase in ambient noise O O O (/) levels in the protect vicinity above levels existing without the protect? d) A substantial temporary or periodic increase m () (/) () ( ) ambient noise levels in the protect vicinity above levels existing without the protect? e) For a protect located within an airport land use plan () () () (/) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the protect expose people residing or working m the protect area to excessive noise levels? f) For a protect within the vicinty of a pnvate airstnp, O O O (/) would the protect expose people residing or working in the protect area to excessive noise levels? Comments: a) The protect site is within an area of noise levels exceeding City standards, according to General Plan Exhibit V-13, because of traffic noise along the nearby Interstate 15 Freeway An acoustical evaluation was prepared (Bracken, October 19, 2004 and January 26, 2005) The General Plan FEIR (Section 5 7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction egwpment, wdl generate noise exceeding City standards The following measures are provided to mitigate the short-term noise impacts //,,~ C~ ~ Fj t!j!~Y' Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga . KB Home Page 17 1) Construction or grading shall not take place between the hours of 8.00 p m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards speafied in Development Code Section 17 02.120-D, as measured at the property line. The developer shall hve a consultant to perform weekly noise level monitoring as specified m Development Code Section 17.02 120. Monitoring at other times may be required by the Planning Department. Said consultant shall report their findings to the Planning Department within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department. If noise levels exceed the above standards, then construction activities shall be reduced m intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible m first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment, however, do not address the potential impacts because of the transport of construction materials and debris The following mitigation measures shall then be requred 4) Haul truck deliveries shall not take place between the hours of 8.00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national . holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Long-term noise impacts were identified through an Acoustical Analysis reported by Gordon Bracken & Associates on October 19, 2004, and January 26, 2005, from the Interstate 15 Freeway traffic ncise The impact will be lowered to a level of less-than-significant with the following mitigation measure 5) Walls placed at the tract would need to be 10 feet high on the south side of Lots 13, 14 and 15, and 12 feet high on the south side of Lots 4 and 5. The second floor rooms of Lots 4, 5, 11, 12, 13, 14, and 15 could require glazing upgrades to a Sound Transmission Class rating of STC32. 6) A final acoustical report shall be submitted for City Planner review and approval pnor to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The budding plans will be checked for conformance with the mitigation measures contained in the final report. 7) The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department pnor to final occupancy release of the affected homes. b) The uses associated with this type of protect normally do not induce ground borne vibrations As such, no impacts are anticipated ~~E~Ffr~ Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 18 c) The pnmary source of ambient noise levels in Rancho Cucamonga is traffic The proposed actwities will not significantly increase traffic, hence, are not anticipated to increase the ambient noise levels within the vicinity of the prolect d) See a) response above. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport The prolect is located approximately 4 miles northedy of the Ontano Airport and is offset north of the Flight path No impact is anticpated f) The nearest private airstnp, Cable Airport, is located approximately 2 '/~ miles to the west of the City's westerly limits No impact is anticipated 12. POPULATION AND HOUSING. Would the pro/ect a) Induce substantial population growth in an area, () () () (~) either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, () () () (/) necessitating the construction of replacement housing elsewhere? Comments• a) The prolect is located in a predominantly developed area and wdl not induce population growth Construction actwities at the site will be short-term and will not attract new employees to the area No impacts are anticipated b) The prolect site contains no existing housing units No adverse impact expected c) The prolect site is vacant land No impacts are anticipated 13. PUBLIC SERVICES. Would the pro/ect result rn substantial adverse physical impacts associated with the provision of new or physrcally altered governmental faal~t~es, need for new or physically altered governmental faal~t~es, the construction of which could cause significant environmental impacts, m order to ma~nta~n acceptable service ratios, response Mmes or other performance ob/echoes /or any of the public services: O O O (~) a) Foe protection? b) Police protection? O O O (~) c) Schools? O O U (~) d) Parks? () () () (`~) e) Other public facddies~ O O O (~) • LJ Inltlal Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 19 • Comments' a) The site, located on Etiwanda Avenue south of Base Line Road near the Interstate 15 Freeway overpass, would be served by a fire station located approximately 1 2 miles from the protect site The protect will not require the construction of any new facilities or alteration of any existing faalities or cause a decline in the levels of service, which could cause the need to construct new faalities Standard conditions of approval from the Uniform Budding and Fire Codes will be placed on the pro/ect so no impacts to fire services will occur No impacts are anticipated. b) Additional police protection is not regwred as the addition of the protect will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the protect site is within an area that is regularly patrolled c) The Etiwanda School District and the Chaffey Joint Umon High School District serve the protect area Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the School Impact Fees. With this standard mitigation, impacts to the School Districts are not considered significant d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is under construction 1/3-mile west from the protect site The protect will not require the construction of any new facilities or alteration of any existing faaldies or cause a decline in the levels of service, which could cause the need to construct new facilities A standard condition of approval will regwre the developer to pay Park Development Fees No impacts are anticipated e) The proposed protect will utilize existing public faalities The site is m a developed area, currently served by the Cdy of Rancho Cucamonga The pro/ect will not requve the construction of any new faalities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new faalities Cumulative development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the protected increase in library space under the General Plan will not meet the protected demand The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Counal. The proposed protect is consistent with the General Plan for which the EIR was prepared and impacts evaluated Since the adoption of the General Plan, the City has planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the protected need of 15,500 square feet at build-out of the City 14. RECREATION. Would the pro/ect a) Increase the use of existing neighborhood and () () () (/) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the pro/ect include recreational facilities or () () () (/) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is under construction 1/3-mile west from the protect site This protect is not proposing any new housing or large employment generator that would cause an increase in C~ ~~ F C~'_27 Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga • KB Home Page 20 the use of parks or other recreational facilities A standard condition of approval will regwre the developer to pay Park Development Fees No impacts are anticpated b) See a)response above 15. TRANSPORTATION/TRAFFIC. Would theprojech a) Cause an increase m traffic, which is substantial in O O O (~) relation to the existing traffic load and capacity of the street system (i e , result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatroely, a level () () () (~) of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including () () () ('~) either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design () () () (`~) feature (e g , sharp curves or dangerous intersections) or incompatible uses (e g , fans equipment)? e) Result in inadequate emergency access? () () () ('~) f) Result in inadequate parking capacty? O O O (~) g) Conflict with adopted policies, plans, or programs () () () (~) supporting alternative transportation (e g , bus turnouts, bicycle racks)? Comments• a) As noted in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated The protect is in an area that is mostly developed with street improvements existing or included in protect design The protect will not create a substantial increase m the number of vehicle trips, traffic volume or congestion at intersections The protect site will be required to provde street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards In addition, the City has established a Transportation Development Fee that must be paid by the applicant prior to issuance of bwlding permits Fees are used to fund roadway improvements necessary to support adequate traffic arculation No impacts are anticpated b) The protect will generate 26 '/. two-way peak hour trips, which is less than 250 two-way peak hour trips for non-retatl, therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis The protect is in an area that is mostly developed with all street improvements existing The protect will not • negatively impact the level of service standards on adtacent arterials The protect will be requred to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site No impacts are anticipated c) Located approximately 4 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns No impacts are anticipated ~f~JFCT'-~~ Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 21 d) The protect is in an area that is mostly developed The protect will be requred to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site The protect design does not include any sharp curves or dangerous intersections or farming uses The protect will, therefore, not create a substantial increase in hazards because of a design feature No impacts are anticipated e) The protect will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access No impacts are antiapated f) The protect design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity No impacts are anticpated g) The protect design includes, or the protect will be conditioned to provide, features supporting transportation and vehicle trip reduction (e g ,bus bays, bicycle racks, carpool parking, etc ). 16. UTILRIES AND SERVICE SYSTEMS. Would the pro~ect~ () () () (/) a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Regwre or result in the construction of new water () () () (/) or wastewater treatment faalities or expansion of existing facildies, the construction of which could cause sigmficant environmental effects? c) Require or result in the construction of new storm () () () (/) water drainage faalities or expansion of existing facilities, the construction of which could cause significant environmental effects 7 d) Have sufficient water supplies available to serve () () () (/) the protect from existing entitlements and resources, or are new or expanded entitlements needed? . e) _ _ Result_ in a determination_ by the wastewater O O O (/) treatment provider, which serves or may serve the protect, that it has adequate capacity to serve the protect's protected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted () () () (/) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste Comments: a) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The protect is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontano, neither of which are at capacty The protect is ~jCJIfJIT ~1 Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga • KB Home Page 22 required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated c) All runoff will be conveyed to existing storm drain faalities, which have been designed to handle the flows A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits The impact is not considered significant d) The protect is served by the CVWD water system There is currently a suffiaent water supply available to the City of Rancho Cucamonga to serve this protect No impacts are anticipated e) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with suffiaent capacity to handle the Citys solid waste disposal needs g) This protect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticipated 17. MANDATORY FINDINGS OF SIGNIFICANCE a) 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) 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 prolects)~ c) Does the protect have environmental effects that () () () (~) will cause substantial adverse effects on human beings, either duectly or indirectly L J Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3 Additionally, the area surrounding the site is • developed Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site b) If the proposed protect were approved, then the applicant would be regwred to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 23 Statement of Overriding Considerations for significant adverse environmental effects of build- out in the City and Sphere of Influence The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, 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 a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use protects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts assoaated with the exposure of people to increased noise levels Mitigation measures contained in this Initial Study will ensure impacts are at less than significant levels EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D) The effects identified above for this protect were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The fallowing earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Cmc Center Drive (check alt that apply) (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (/) Etiwanda Speafic Plan EIR (SCH #82061801, certified July 6, 1983) Initial Study for SUBTT16643, DRC2004-00822 & DRC2004-00825 City of Rancho Cucamonga KB Home Page 24 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study I acknowledge that I have read this Initial Study an a proposed mitigation measures Further, I have revised the protect plans or proposals an y ree to the proposed mitigation measures to avoid the effects or mitigate the effects to oin re arty no significant environmental effects would occur. Print C~EF~~ga- r~ U City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration ~s being arculated for public review m accordance with the California Environmental OualrtyAct Section 21091 and 21092 of the Public Resources Code. Project File No.: Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, and Development Review DRC2004-00822 Public Review Period Closes: July 13, 2005 Project Name: Project Applicant: KB Home GreaterLosAngeles Inc Project Location (also see attached map): Located at the northeast cornerof Candlewood Street and Etiwanda Avenue - APN• 1100-031-01 thru 04. Project Description: A request to subdivide 5 02 acres into 15 lots m the Low Medwm Residential District (4-8 dwelling units per acre), a request to review site plans and elevations for 15 single family detached homes, and a request to review site plans and elevations for two single family detached homes fronting Etiwanda Avenue in the Etiwanda Avenue Overlay District Related Files. Variance DRC2005-00186 and Tree Removal Permit DRC2004-00824 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 protect may have a sigmficant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: • (1) Revisions in the protect plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the protect as revised may have a significant effect on the environment If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are included m the attached Initial Study. The project fde and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. July 13, 2005 Date of Determination Adopted By ~,~, ~; ~- -~3 RESOLUTION NO 05-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO SUBTT16643, A 15 LOT SUBDIVISION OF 5 02 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT AT THE NORTHEAST CORNER OF CANDLEWOOD STREET AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN 1100-031-01 THRU 04 A Rectals 1 KB Home Greater Los Angeles Inc filed an application for the approval ofTentative Trail Map SUBTT16643, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subject Tentatrve Tract Map request is referred to as "the application " 2 On the 13th day of July 2005, 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 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 specifically finds that all of the facts set forth in the Recitals, 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 onduly 13,-2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to the property located at the northeast comer of Candlewood Street and Etiwanda Avenue with a street frontage of approximately 290 feet and lot depth of approximately 462 feet and is presently unimproved, and b The property to the north of the subtect site is single-family homes under construction, the property to the south consists of unimproved office/professional land for which a formal application has been submitted, the property to the east is single-family homes and the I-15 freeway, and the property to the west is single-family homes and office/professional, and c The development is proposed to include the development of one single-family residence on each lot, and d All parking and arculation requirements are met 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 m paragraphs 1 and • 2 above, this Commission hereby finds and concludes as follows a That Tentative Tract Map SUBTT16643 is consistent with the General Plan, Development Code, and any applicable specific plans, and c,~~F~ s~ PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Page 2 b The design or improvements of the tentative tract is consistent with the General Pfan, Development Code, and any applicable speafic plans, and c The site is physically swtable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat, and e The tentative tract is not likely to cause senous public health problems, and f. The design of Tentatre Tract Map SUBTT16643 will not conflidwith any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mtigated Negative Declaration, togetherwith all wntten and oral reports included forthe environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Decaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Declaration has been prepared incompliance with the • Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the protect 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 Califomia Code of Regulations, the Planning Commission finds as follows In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed protect will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the Califomia Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference • Planning Department 1) Approval of Tentative Tract Map SUBTT16643 is subted to the approval of Variance DRC2005-00186 for the sound walls. C~F,F ~-gam PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 3 2) The sound walls along Candlewood Street should provide a different color or texture on the lower portion to de-emphasize the height Horizontal application of darker colors on the bottom can make the wall appear shorter 3) Tree Removal Permit DRC2004-00824 is hereby approved subject to the mitigation measures below, and Spotted Gum (Eucalyptus maculata) replacement trees shall be used for the windrow replacement 4) The developer shall provide each prospective buyer of lots along Etiwanda Avenue written notice of the required pedestnan paseo, which is to be maintained m perpetuity The wntten notice shall be signed by the prospective buyer pnor to the acceptance of a cash deposit on the property 5) The developer shall provide each prospective buyer of comer lots wntten notice of maintaining the landscaped parkway The wntten notice shall be signed by the prospective buyer pnor to the acceptance of a cash deposit on the property 6) The developer shall provide each prospective buyer wntten notice of • the adjacent I-15 freeway The standard format for the wntten notice shall be submitted for City Planner review and approval, pnor to issuance of Bwlding Permits The wntten notice shall be signed by the prospective buyer pnor to the acceptance of a cash deposit on the property 7) Provide conduit from each unit/lot and a pull box to connect to the street and provide interior structure wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and central distribution panel, pnor to release of occupancy Plans shall be submitted for City Planner and Budding Official review and approval pnor to issuance of Budding Permits 8) The pedestnan paseo shall have a minimum 10-foot easement width and shall include sidewalk, landscaprng flanking the sidewalk, and open decorative fenang to delineate the pedestnan paseo Submit a detailed design of the pedestnan paseo between lots that front onto Etiwanda Avenue for City Planner and City Engineer review and approval, pnor to plan check 9) Streetscape along Etiwanda Avenue shall be designed per Etiwanda Speafic Plan Enameenng Department • 1) Etiwanda Avenue frontage improvements to be in accordance with City "Secondary Arterial" standards and Etiwanda Spec~c Plan Figure 5-23, including PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC. • July 13, 2005 Page 4 a) Provide cobble curb and gutter and property line adjacent sidewalk. b) Provide 9500 Lumen HPSV streetlights along Etiwanda Avenue frontage c) Provide 'Two-Way Left-Tum Lane" on Etiwanda Avenue d) Protect existing $26 "No Stopping" signs or replace as required e) Provide a Class II Bike Lane along the Etiwanda Avenue frontage f) There shall be no driveway access to Et~wanda Avenue. g) Access ramps shall be provided at both corners of Etiwanda Avenue and Candlewood Street h) Since Etiwanda Avenue rear yards will be regwred to look like front yards, access shall be provided for the pnvate maintenance of the parkway • 2) The developer shall make a good faith effort to acquire the required off- site property interests necessary to construct the required public improvements, and if he/she fad to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462 5 at such time as the City decides to acquire the property interests regwred for the improvements Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acqure the off-site property interests required in connection with the subdivision Secunty for a portion of these costs shall be m the form of a cash deposit in the amount given in an appraisal report obtained by the City, at the developer's cost The appraiser shall have been approved by the City pnor to commencement of the appraisal This condition applies in particular, but not limited to, the east side of Etiwanda Avenue north of this tract boundary, to and including the corner property Ime cut-off at the southeast comer of Bartholow Dnve -APN 1100-021-01 3) Install Etiwanda Avenue improvements to extend across adjacent north property, APN 1100-021-01, ncuding southeast comer at Bartholow Dnve to loin with existing Bartholow Dnve improvements per City Drawing No 1948, Sheet 5 of 15, including cobble curb and gutter, pavement, sidewalk, dnve approach, streetlights, and access ramp • 4) Candlewood Street and Crawford Place frontage improvements to be in accordance with City "Local Street" standards as regwred, including a) Sidewalk shall be property line adtacent Cj~r~jCT~~ PLANNING COMMISSION RESOLUTION NO OS-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 5 b) Streetlights shall be 5800 Lumen HPSV c) There shall be no dnveway access to Candlewood Street d) Protect or provide traffic signage and stnpmg as required e) Install Candlewood Street and Crawford Place full width from Etiwanda Avenue up to loin with existing improvements on Crawford Place 5) Install local storm drams m Etiwanda Avenue and Candlewood Street to convey all development drainage to the Master Plan Storm Drams The cost of local storm drams shall be home by this development with no fee credit Provide a street design for Candlewood Street that wdl surface overflow to Etiwanda Avenue m the event of blockage m the sump catch basins a) All sump catch basins, laterals, and surface over flow shall be designed to handle 0100 b) There is a sump condition on the south side of Candlewood • Street Public street runoff cannot enter pnvate property c) Extend the local storm dram system as far on-site as needed to contain 025 within the tops of curbs, 0100 within rights-of-way, and provide a 10-foot dry lane m 010 6) Internal streets to be improved m accordance with City "Local Street" -- - ---standards, as regwred, including a) Provide curb and gutter, property line adtacent sidewalk and asphalt pavement as regwred b) Provide 5800 Lumen HPSV streetlights as required c) Provide traffic signage and stnpmg as required d) Access ramps shall be provided at both comers of Candlewood Street intersection with cul-de-sac street 7) All parkways shall slope at 2 percent from the top of the curb to 1 foot behind the sidewalk along all street frontages 8) The property owner at the southeast comer of Etiwanda Avenue and Candlewood Street has been conditioned to dedicate the necessary nght-of-way along their frontage on Candlewood Street Install Candlewood Street full width • a) If the owner has not obtained the dedication, then the necessary nghts-of-way need to be provided by a separate document PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 6 b) Complete Candlewood Street improvements across this property when nght-of-way is obtained 9) The proposed Water Quality Management Plan (WQMP) and Best Management Practices (BMPs) shall be illustrated on the Grading Plan at the time of plan check. 10) The owners of Lots 4, 5, and 15 shall maintain the proposed parkway and the planting area between the back of the sidewalk and the penmeter wall along the side yards The side yard screen walls should not extend beyond the front of structures Walls along the side yards of Lots 4, 5, and 15 shall be setback a minimum of 5 feet from the back of the sidewalk, or as directed by the Planning Department. a) Install pnvate landscaping and imgation systems m the side yards along the streets pnor to public improvements being accepted by the City , 11) Owners of Lots 12 and 13 shall maintain the proposed partcwayplantmg area between the back of the curb and the nght-of-way along Etiwanda Avenue and the sidewalk easement between the two lots Install pnvate landscaping and imgation systems in these areas pnor to public • improvements being accepted by the City 12) Provide a minimum 5-foot wide public landscape easement on Lots 13, 14, and 15 outside the penmeter wall ad/scent to the Candlewood Street rear yards Landscape Maintenance Distnct Plans shall incorporate attractive, low maintenance designs, compatible with or transitioning to adtacent landscape areas, to the satisfaction of the City Engineer The maximum slope within publicly maintained landscape areas is 3 1 Where slopes occur, a 1-foot wide flat area behind the sidewalk shall be provided Slopes higher than 6 feet shall have a 2-foot wide flat shelf at the top, along the base of the wall Planting areas for shrubs should have a minimum width of 3 feet, clear of the wall footings Trees will regwre wider planting areas, as determined by the City Engineer 13) The developer of the ad/scent Tract 16454-1 is installing the master plan storm dram on Eiiwanda Avenue This developer, (for Tentative Tract Map SUBTT16643), shall pay the drainage fees for Area 9 of the Etiwanda/San Sevame Area Drainage Policy. 14) The existing overhead utilities (telecommunications and electncal, except for the 66 kV electncal) on the protect side of Etiwanda Avenue shall be undergrounded along the entire project frontage, extending from the first pole north of Bartholow Dnve to the first pole south of Candlewood Street, pnor to public improvement acceptance or • occupancy, whichever occurs first All services crossing Etiwanda Avenue shall be undergrounded at the same time The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergroundmg from future development PLANNING COMMISSION RESOLUTION NO OS-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 7 (redevelopment) as it occurs on the opposite side of the street If the developer fads to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terminate Environmental Mdigatron Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' speafications Maintenance records shall be available at the construction site for City venfication 2) Pnor to the issuance of any Grading Permits, the developer shall submit construction plans to the City denoting the proposed schedule and protected egwpment use Construction contractors shall provide evidence that low-emission mobile construction equipment will be • utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distncl (SCAQMD) as well as City Planning Staff 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions Reestablish ground cover on the construction site through seeding and watenng Pave or apply gravel to any on-site haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work penods • Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineenng practices C~ ~ F U~d PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 8 Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction Suspend grading operations during high winds (i a ,wind speeds exceeding 25 mph) in accordance with Rule 403 regwrements Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB)) daily to reduce PMro emissions, in accordance with SCAQMD Rule 403. 7) 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 PMro emisswns 8) The construction contractor shall utilize electric or clean alternative • fuel-powered equipment where feasible 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use 10) All residential and commercial structures shall be required to incorporate "high=efficiency/low-polluting heating, air conddioning, appliances, and water heaters 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping Biological Resources 1) Tree Removal Permit is required for the removal of the Eucalyptus windrow trees and a replacement program must be rn place in the manner specified in the New Windrow Planting Guidelines within the Etiwanda Specific Plan Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, . the City of Rancho Cucamonga will ~~~~ ~~ PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 9 • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the Gty to establish its archaeological value • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their speGal qualities as a theme or focal point Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistoric resources, follovnng appropriate CEQA gwdelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area. Submit one copy of the completed report with original illustrations, to the San Bemardino County Archaeological Information Center for permanent archiving • 2) A qualified paleontologist shall conduct a preconstruction field surveyof the protect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i a ,paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, _ _ but not be limited to, the following measures. Assign a paleontological monitor, trained and egwpped to allow the rapid removal of fossils with minimal construction delay, to the - sde full-time during the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bemardino County Museum Geology and Soils 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 ~~ ~Jr ~a- PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC . July 13, 2005 Page 10 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMio emissions assoaated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,a emissions from the site dunng such episodes 4j Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions Hydrology and Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropriate Measures that maybe used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 2) Pnor to issuance of budding permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan • (WQMP), including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm dram system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga m June -2004 - - - - - 3) Pnor to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply month obtaining coverage under the National Pollutant Discharge El~mmation System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Budding Official for coverage under the NPDES General Construction Permit Nose 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards speafied in Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level monitoring as specified m Development Code Section 17 02 120. Monitoring at other times may be required by the PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 11 Planning Department Said consultant shall report their findings to the Planning Department within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted 3) The penmeter block wall shall be constructed as early as possible in first phase 4) Haul truck delnrenes shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 5) Walls placed at the tract would need to be 10 feet high on the south side of Lots 13, 14 and 15 and 12 feet high on the south side of Lots 4 • and 5 The second floor rooms of Lots 4, 5, 11, 12, 13, 14, and 15 could require glazing upgrades to a Sound Transmission Class rating of STC32 6) A final acoustical report shall be submitted for City Planner review and approval pnor to the issuance of building permits The final report shall discuss the level of mtenor noise attenuation to below 45 CNEL, the building matenals and construction techniques provided, and if appropriate, venfy the adequacy of the mitigation measures The bwlding plans will be checked for conformance with the mitigation measures contained in the final report 7) The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of mtenor and extenor noise levels to document compliance with City standards. Certification shall be submitted to the Budding & Safety Department pnor to final occupancy release of the affected homes 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA n \J BY Rich Maaas, Chairman C~ iii F, ~~ PLANNING COMMISSION RESOLUTION NO 05-46 SUBTT16643 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 12 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 13th day of July 2005, by the following vote-to-wit• AYES: COMMISSIONERS NOES• COMMISSIONERS ABSENT• COMMISSIONERS. • • C~ Ufa, (T~ City of Rancho Cucamonga • MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, and Development Review DRC2004-00822 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-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 project 2. A procedure of compliance and verification has been outlined for each action necessary This procedure designates who wdl take action, what action will be taken and when, and to whom • and when compliance will be reported 3. The MMP has been designed to provide focused, yet flexible guidelines. 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 conddions (mitigation) that relate to that department - Procedures -The following steps will 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 will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the project file 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 Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program • SUBTT16643, DRC2004-00825 & DRC2004-00822 Page 2 3 Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the protect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The protect planner or responsible City department will 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 required for the specific phase of development. 5 All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6 Unantiapated circumstances may arse requiring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed bythe protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project 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 occumng afterwritten notification has been issued. The protect planner or responsible City department also has the • authority to hold certificates of occupancies 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 monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall requre the applicant to post any necessary funds (or other forms 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 required period of time In those instances regwnng long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City Said plan shall identify the reporter as an indiwdual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the Citys MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits • MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Protect File No.: Tentative Tract Mao SUBTT16643. Conditional Use Permit DRC2004-00825 Development Review DRC2004 00822 Applicant• KB HOME GREATER LOS ANGELES INC Initial Study Prepared by: Vance Pomeroy, Contract Planner `~ Date. February 9, 2005 .. - .. . •. r AvQuality - - -- - - - - - _ -_~ ~_ ^~-- _ - - _--- All construction e w me t h ll b g p n s a e maintained in good CP C R v f l operating condition so as to reduce operational e iew o p ans AIC 2/4 emissions The contractor shall ensure that all construction equipment is being property serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction sde for Cdy verification Prior to the issu f ance o any Grading Permits, the CP/BO C Rewew of plans C 2 developer shall submit construction plans to the City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distract (SCAQMD) as welt as City Planning Staff All paints and coatings shall meet or exceed CP C Review of plans AIC 2/4 performance standards noted in SCAQMD Rule 1113 - Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Rewew of plans A/C 2 noted in SCAQMD Rule 1108 All construction egwpment shall comply with SCAQMD BO C Review of plans AIC 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site 60 C Review of plans A/C 2/4 through seeding and watering • Pave or apply gravel to any on-site haul roads BO C Rewew of plans A/C 2/4 \- ~1 a • 1 of 7. • `1 ~~ t S ~ . • Phase grading to prevent the susceptibility of large BO C Revew of plans AIC 2/4 ` areas to erosion over extended periods of time • Schedule activities to minimize the amounts of BO C Review of plans AIC Z4 exposed excavated soil during and after the end of work periods • Dispose of sur l BO p us excavated material in C Revew of plans A 4 accordance with local ordinances and use sound engineering practices • Sweep streets accord t BO ing o a schedule established C D by the City if silt is carried over to ad t uring q 4 jacen public thoroughfares or occurs as a result of hauling construction Timing may vary depending upon time of year of construction • Suspend radin t g g opera ions during high winds (i e , BO C D wind speeds exceeding 25 mph) in accordance with uring q 4 SCAOMD Rule 403 requirements construction • Maintain a minimum 24-inch freeboard ratio on soils BO C During q haul trucks or cover payloads using tarps or other q swtable means Construction The site shall be treated with water or other BO C During q 4 soil-stabilizing agent (approved by SCAOMD and construction Regional Water Quality Control Board [RWOCB]) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 Chemical soil-stabilizers (approved by SCAOMD and BO C During A 4 RWOCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel powered equipment where feasible The construction contractor shall ensure that BO C Review of plans A/C 2/4 construction-grading plans include a statement thatwork crews will shut off equipment when not in use All residential and commercial structures shall be BO C/D Revew of plans C Z4 required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters 2of7 .. ~ , . ~ , All residential and commercial structures shall be BO CID Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping Biological Resources - _ r ~ _ - ~- Tree Removal Permit is requred for the removal of the CP BICID Review of A 2/3/4 eucalyptus windrow trees and a replacement program plans/A must be pul in place in the manner speafied m the New Windrow Planting Gwdelines within the Etrvvanda Specific Plan Cultural Resources ~ `~ ~ ~ , , sw~ : ~•~. - ~ . If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will 1 Enact interim measures to protect undesignated CP/BO C Review of report AID 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to require CP/BO C Review of report AID 3/4 incorporation of archaeological sties wdhin new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's CP/BO ~ C Review of report A/D 3/4 archaeological heritage • Propose mitigation measures and recommend CP/BO C Review of report AID 3/4 conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines R G 3 of~ • ~T ~' 1 t a • Prepare a technical resources management report, CP C Review of report AID 3/4 documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report with , original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving A qualified paleontologist shall conduct a preconstruction CP B field survey of the protect site The paleontologist shall Review of report AID 4 submit a report of findings that will also provide speafic recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures Assign a paleontological monitor, trained and CP B Review of report AID 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing actiwhes • Should fossils be found within an area being cleared BO B/C Review of report AID 4 or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find • Submit a summary report to the City of Rancho CP D Review of report D 3 Cucamonga Transfer collected specimens with a copy of the report to the San Bemardino County Museum Geology andSods~ ~~ ~ - ~~ '~. ~-~ ~~, -~ ;_ ~ ~~ ~ ,~ ~ ~; a.~~,~~:. -. - .~ The site shall be treated with water or other soil- BO C During A 4 stabilizing agent (approved by SCAQMD and RWQCB) construction daily to reduce PM,o emissions, m accordance with SCAQMD Rule 403 ~( 4of7 .. ~ ... .. -. . ~ , Frontage public streets shall be swept according to a BO C Dunng A 4 schedule established by the City to reduce PM,o construction emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM,o emissions construction from the site during such episodes Chemical soil-stabilizers (approved by SCAOMD and BO C Dunng A 4 RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to construction reduce PM,o emissions Hydrology and Water Quality - Structures to retain precipitation and runoff on-site shall CE BICID Review of plans A/C 2/4 be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins Prior to issuance of bwlding permits, the applicant shall CE BICID Review of plans A/C 2l4 submit to the City Engineer for approval of a Water I Quality Management Plan (WQMP), including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent wdh the Gwdelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. T C 4 • Sof~ S" ,. , ~ • ~ ~ ~ . Prior to issuance of grading or pawng permits, the BO BIC/D Review of plans A/C 2/4 ~~ applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit Noise - - ,~ „x - - - s , - 3 ~ , Construction or grading shall not take place between the BO C During A 4 hours of 8 00 p m and 6 30 a m on weekdays, construction including Saturday, or at any time on Sunday or a national holiday Construction or grading noise levels shall not exceed the CP C During A 4 standards speafied in Development Code Section construction 17 02 120-D, as measured at the property line • Developer shall hire a consultant to perform weekly noise level monitoring as speafied in Development Code Section 17 02 120 Monitoring at other times may be regwred by the Planning Department Said consultant shall report their findings to the Planning Department within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted Walls placed at the tract would need to be 10 feet high CP C During A A on the south side of Lots 13, 14 and 15, and 12 feet high construction on the south side of Lots 4 and 5 The second floor rooms of Lots 4, 5, 11, 12, 13, 14, and 15 could require glazing upgrades to a Sound Transmission Class rating of STC32 The perimeter block wall shall be constructed as early CP C During A A as possible in first phase construction 6of7 .. ~ _ ' ~ - , . ~ _ Haul truck deliveries shall not take place between the PIO C Durng A 4/7 ' hours of 8 00 p m and 6 30 a m on weekdays, construction including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 dally trips (counting both to and from the construction site), then the developer shall prepare a Horse mitigation plan denoting any construction traffic haul routes To the extent feasible , the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings A final acoustical re rt h ll b po s a e submitted for City PO/BO C During A Planner review and approval prior to the issuance of 4/~ building permits The final report shall discuss the level construction of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures The building plans will be checked for conformance with the mitigation measures contained in the final report The applicant shall submit certification from an PO/BO C During A 4/7 acoustical engineer that all recommendations of the construction acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes ^7 ~1 Key to Checklist Abbreviations Responsible Person ~ Monitonng Frequency Method of Venfication- _ ~ ~ Sanctions - - CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP -City Planner or designee B - Pnor To Construction B -Other Agency Pennil /Approval 2 -Withhold Grading or Bwlding Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 - Wdhhold Certficate of Occupancy BO -Bwlding Official or designee D - On Completion D -Separate Submittal (ReporLSlStudies/Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Depositor Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation • 7 of ~ • COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTT16643 SUBJECT: DEVELOPMENT OF 15 SINGLE-FAMILY HOMES APPLICANT: KB HOME GREATER LOS ANGELES, INC LOCATION: NORTHEAST CORNER OF CANDLEWOOD STREET AND ETIWANDA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date ~. General Requirements 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 to 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 maybe required by a court to pay as a result of such action The Ctty may, at its 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 Approval of Tentative Tract No SUBTT16643 is granted subject to the approval of _/_/_ DRC2005-00186 B. Time Limits 1 This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/ /_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval 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 Department, the conditions contained herein, Development Code regulations, and the Ettwanda Speafic Plan • 2 Prior to any use of the protect site or business activity being commenced thereon, ali Conditions _/_/ of Approval shall be completed to the satisfaction of the City Planner SC-1-05 ~ C~Cr, I ; Cr-l ~~ D Protect ' No SUBTT16643 Completion Date 3 Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/~ Stale 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 Department to show compliance The buildings shall be inspected for compliance prior to occupancy 4 Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for City Planner review and approval prior to the issuance of building permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance 7 If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with _/_/_ all receptacles shielded from public view 8 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 9 Street names shall be submitted for City Planner review and approval in accordance with the _/_/_ adopted Street Naming Policy prior to approval of the final map ~ 10 All building numbers and individual units shall be identified in a clear and conase manner, _/_l including proper illumination 11 All parkways, open areas, and landscaping shall be permanently maintained by the property _/_/_ homeowners' association, or other means acceptable to the City Proof of this landscape owner , maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision 2 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 _/ /_ slope, shall be, at minimum, irngated and landscaped with appropriate ground cover for erosion control Slope planting requred by this section shall include a permanent irrigation system to be installed by the developer pnor to occupancy 3 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater _/_/ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area, 1-gallon or larger size shrub per each 100 sq ft of slope area, and appropriate ground cover In addition, slope banks in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq ft of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting required by this section shall • include a permanent irrigation system to be installed by the developer prior to occupancy SC-1-05 /I ~ ~ /r--/ OCo Protect No SUBTT76643 Completion Date . 4 For single-family residential development, all slope planting and irrigation shall be continuously maintained m a healthy and thnwng condition by the developer un61 each individual and is sold and occupied by the buyer Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition 5 Front yard and corner side yard landscaping and irrigation shall be required per the Development Code and/or Etiwanda Specific Plan This requirement shall be in addition to the required street trees and slope planting 6 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the requued landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 7 All walls shall be provided with decorative treatment If located in public maintenance areas, the design shall be coordinated with the Engineering Department 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 Municipal Code 9. New windrow planting of Eucalyptus Maculata (Spotted Gum) is required at a ratio of 50 linear feet per acre The size, spacing, staking, and irrigation of these trees shall complywtth the City's Tree Preservation Ordinance (RCMC 19 08 100) E. Environmental 1 Mitigation measures are required for the protect The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be required to • post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 474 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of ail mitigation measures These funds may be used by the Clty to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shali be considered grounds for forfeit APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE• ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) F. 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 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 I / I / / / / / / / I / / / / / SC-1-05 C~ ~i ~=; (Tl~-1 Protec t No SUBTT16643 Comoletion Dale g Planning Department Protect Number (i e , SUBTT16643) clearly identified on the outside • of all plans 2 ~ Submit two sets of structural calculations, energy conservation calculations, and a soils report _/_I_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal 3 Contractors must show proof of State and City licenses and Workers' Compensation coverage to _/_/_ the Cdy poor to permd issuance 4 Separate permits are regwred for fencing and/or walls _/-/- 5 Developers wishing to partiapate in the Community Energy Efficiency Program (CEEP) can _/_/_ contact the Building and Safety Department staff for information and submittal requirements G. 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 , SUBTT16643) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Pnor to issuance of bwldmg permds for a new residential protect or mator adddion, the applicant _/_/_ shall pay development fees at the established rate Such fees may include, but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance • 3 The Building and Safety Official shall provide street addresses after tract map recordation and _/_/ pnor to issuance of bwldmg permds 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 H. New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistroeness. 2 Provide compliance with the California Building Code for required occupancy separations _/_/_ 3 Roofing material shall be installed per the manufacturer's "high wind" instructions _~ ~ I. Grading 1 Grading of the subtect property shall be in accordance with California Building Code, City Grading _/_/_ Standards, and accepted grading practices The final grading plan shall be m substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work. 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ hme of apphcahon for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, _/_!~ submitted, and approved by the Bwlding and Safety Official prior to the issuance of bwldmg permds SC-1-05 Protect No SUBTTt6643 Comolehon Date 5 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 DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Dedication and Vehicular Access Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline) 50 total feet on Etiwanda Avenue 40 total feet on Candlewood Street 30 total feet on Crawford Place 30 total feet on Internal Street Corner property line cutoffs shall be dedicated per City Standards K. Street Improvements 1 All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc) shown on the plans and/or tentative map shall be constructed to City Standards Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees • 2 Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by _ conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development 3 A minimum of 26-foot wide pavement, within a 40-foot wide dedicated right-of-way shall be constructed for all half-section streets 4. Construct the following perimeter street improvements Including, but not limited to Street Name Curb 8 Gutter A.C Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other Etiwanda Avenue X X X X X X Candlewood Street X X X X X Crawford Place X X X X X X Internal Street X X X X X X 5 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 SC-1-05 C~ ELF, Cr-~~ / / / / _/_I_ _/_I_ _/_/_ / / I / \ . / / I I / / / / / I Prgect No SUBTT76643 Comolehon Date Pnor to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 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 major 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 galvanized steel with pull rope or as specified. e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer f Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 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 City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to Ciry Standards, except for single family residential lots h. Street names shall be approved by the City Planner prior to submittal for first plan check. 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 Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend.° Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans ' The City Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional information, contact the Project Engineer Street Name Botanical Name Common Name Min. Grow Space Spacing Size Oty. Candlewood Street Pistacia chmesis Chinese Pistache 5' 30' O C 15 Gal Fill In Crawford Piece Tristaniopsis laurina NCN 3' 20' O C 15 Gal Fill In Etiwanda Avenue Eucalyptus cemablulensis Red Gum 8' 30' O C 15 GaI Fill In Internal Street To be determined at plan check Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector 3) All street trees are subfect to inspection and acceptance by the Engineering Department 4) Street trees are to be planted per public improvement plans only ~~~ ~~ ~~- ~~- _~~ ~~~ ~~- ~-f. SC-1-05 6 Prgect No SUBTT16643 Comolehon Date 8 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 platted as required L. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall ~~_ be submitted to the City Engineer for rewew and approval prior to final map approval or issuance of building permits, whichever occurs first The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance Distnct. Candlewood Street rear of Lots 14 and 15. 2 Public landscape areas are requued to incorporate substantial areas (40%) of mortared cobble or ~~_ other acceptable non-irrigated surfaces. 3 A signed consent and waiver form to loin 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. 4. All required public landscaping and irrigation systems shall be continuously maintained by the ~~ developer until accepted by the City 5 Parkway landscaping on the following street(s) shall conform to the results of the respective ~_/_ Beautification Master Plan Etiwanda Avenue M. 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 bwlding permits, whichever occurs first All drainage facilities shall be installed as required by the City Engrneer. 2 Adequate provisions shall be made for acceptance and disposal of surtace drainage entering the ~_/_ property from adjacent areas N. Utilities - --~ --- - 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, ~_J- electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards Easements shall be provided as regwred 2 The developer shall be responsible for the relocation of existing utilities as necessary _/~_ 3 Water and sewer plans shall be designed and constructed to meet the requirements of the ~ /_ Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW D 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 protects 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. • SC-1-05 C~ ~~7T-f V - 6 t'I Protect No SUBTT16643 Completion Date O. General Requirements and Approvals • 1 a Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage _/_/_ Fees shall be paid prior to final map approval or prior to building permtt issuance if no map is involved 2 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all ~_/_ new streetlights for the fast six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 3. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall ~_/_ be paid for the Construction and Demolition Diversion Program The deposit is fully refundable rf at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided tc the Ciry. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition protect APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED r~ L • SC-1-05 ~ RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS February 3, 2005 KB Homes 15 SFR SUBTT16643 & DRC2004-0825 DRC2004-00822 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants. a. The maximum distance between fire hydrants insingle-family residential protects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fue hydrant For cut-de-sacs, the distance shall not exceed 200-feet. • b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential protect from the public roadways. u. At intersections. ui On the right side of the street, whenever practical and possible. iv. As required by the Fue Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any bwlding. FSC-2 Fire Flow 1. The required fire flow for this protect is 1750 gallons per minute at a minimum residual pressure of 20-pounds per square inch This regwrement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire Distract Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fue flow. • 3 Firewater plans are required for all protects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. C~ C-,~~ C,---t 13 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet • of the proposed protect site z FSC-9 Single-family Residential Sales Model homes regwre approved Fire District vehicle access and water supply from a public or private water main system before construction. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fue District "Application for Alternate Method" form along with supporting documents and payment of the $92 rewew fee. ronological Conditions RCFPD Standard PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the rewew and approval by the • Fire District and CCWD. On the plan, show all existing fue hydrants within a 600-foot radius of the protect. Please reference the RCFPD Water Plan Submittal Procedure Standard #9-8 All regwred public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site CCWD personnel shall inspect the installation and witness the hydrant flushing Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the regwrements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow. A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fue flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: Hydrant Markers: All fire hydrants shall have a blue reflectroe pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers° On private property, the markers shall be installed at the centerline of the fire • access road, at each hydrant location. •C~~ F (Y-(I ~ 2. Public Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services 3. Address: Pnor to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. RESOLUTION NO 05-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2004-00825, FOR TWO SINGLE-FAMILY DETACHED HOMES IN THE LOW-MEDIUM RESIDENTIAL DISTRICT, AT THE NORTHEAST CORNER OF CANDLEWOOD STREET AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF-APN• 1100-031-01 THRU 04 A Recitals. 1. KB Home Greater Los Angeles Inc filed an application for the issuance of Conditional Use Permit DRC2004-00825, 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 13th day of July 2005, 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 specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct 2. Based upon the substantial evidence presented to this Comm~ss~on dunng the above-referenced public heanng on July 13, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows• a. The application applies to the property located at the northeast comerof Candlewood Street and Etrvvanda Avenue with a street frontage of approximately 290 feet and lot depth of approximately 462 feet and is presently unimproved, and b. The property to the north of the subbed site is single-family homes under construcUOn, the property to the south consists of unimproved office/professional land for which a formal application has been submitted, the property to the east is single-family homes and the I-15 freeway, and the property to the west is single-family homes and office/professional; and c. The development is proposed to include the development of one single-family residence on each lot; and d. All parking and circulation regwrements are met. 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. The proposed use is in accord with the General Plan, the ob~ectnres of the Development Code, and the purposes of the distract in which the site is located C~f~jf ~(1-J Il(o PLANNING COMMISSION RESOLUTION NO 05-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC. • July 13, 2005 Page 2 b The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially mtunous to properties or improvements m the wGnity c. The proposed use complies with each of the applicable provisions of the Development Code. 4 Based upon the facts and information contained m 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 will 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 with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent tudgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained m 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 protect is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c Pursuant to the provisions of Section 753 5(c) of Title 14 of the Califomia 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 habitat upon which wildlife depends Further, based upon the substantial evidence contained m the Mitigated Negative Declaration, the staff reports and exhibits, and the information 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 m paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition setforth below and m the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval of DRC2004-00825 is subject to the approval of Vanance DRC2005-00186 for the sound walls 2) The sound walls along Candlewood Street should provide a different color or texture on the lower portion to de-emphasize the height Honzontal application of darker colors on the bottom can make the wall • appear shorter ~~F~-iln PLANNING COMMISSION RESOLUTION NO 05-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Rage 3 3) Tree Removal Permit DRC2004-00824 is hereby approved subted to the mitigation measures below and that Spotted Gum (Eucalyptus maculata) replacement trees shall be used forthe windrow replacement 4) The developer shall provide each prospective buyer of lots along Etrvvanda Avenue wntten notice of the required pedestnan paseo, which is to be maintained in perpetuity The wntten notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 5) The developer shall provide each prospective buyer of comer lots wntten notice of maintaining the landscaped parkway. The wntten notice shall be signed by the prospedrve buyer pnor to acceptance of cash deposit on the property 6) The developer shall provide each prospective buyer wntten notice of the adjacent I-15 freeway. The standard format for the wntten nonce shall be submitted for City Planner review and approval, pnor to issuance of Budding Permits The wntten notice shall be signed by the prospectrve buyer pnor to acceptance of cash deposit on the properly 7) Submit standard design of future trellis, patio, and patio covers that may be added within the rear yard by the homeowner for City Planner review, prior to issuance of Building Permits The standard design shall include notes stating that rolled roof, metal, wood shingles, and asphak shingles are not allowed 8) Provide condwt from each umt/lot and a pull box to connect to the street and provide intenor structure wrong for each house/budding with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and central distnbution panel, pnor to release of occupancy Plans shall be submitted for City Planner and Building Offiaal review and approval pnor to issuance of_Building Permits. 9) The pedestnan paseo shall have a mirnmum width 10-foot easement and shall include sidewalk, landscaping flanking the sidewalk, and open decorative Penang to delineate the pedestnan paseo Submit a detailed design of the pedestrian paseo between lots that front onto Etiwanda Avenue for City Planner and City Engineer review and approval, pnor to plan check. 10) Streetsa3pe along Etiwanda Avenue shall be designed per Etnvanda Speafic Plan. Enoineering Department 1) Etiwanda Avenue frontage improvements to be in accordance with City • "Secondary artenal" standards and Etiwanda Speafic Plan Figure 5-23, inGuding' PLANNING COMMISSION RESOLUTION NO 05-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC . July 13, 2005 Page 4 a) Provide cobble curb and gutter and property line adjacent sidewalk. b) Provide 9500 Lumen HPSV streetlights along Etiwanda Avenue frontage c) Provide 'Two-Way Left-Tum Lane" on Etiwanda Avenue d) Protect existing $26 "No Stopping" signs or replace as required. e) Provide a Class II Bike Lane along the Etnvanda Avenue frontage f) There shall be no dnveway access to Etrvvanda Avenue g) Access ramps shall be provided at both comers of Etrvvanda Avenue and Candlewood Street h) Since Etnvanda Avenue rear yards will be regwred to look like front yards, access shall be provided for the pnvate maintenance of the parkway 2) The developer shall make a good faith effort to acqure the required • off-site property interests necessary to construct the required public improvements, and if he/she fad to do so, the developer shall, at least 120 days pnor to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462 5 at such time as the City deades to acquire the property interests regwred for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City if the City deades to acquire the off-site property interests required in connection with the subdivision Secunty for a portion of these costs shall be in the form of a cash deposit in the _ _ _____ amount given m an appraisal report obtained by the City, at the developer's cost. The appraiser shall have been approved by the City pnor to commencement of the appraisal This condition applies in particular, but not limited to, the east side of Etiwanda Avenue north of this tract boundary, to and including the corner property line cut-off at the southeast comer of Bartholow Dnve -APN 1100-021-01 3) Install Etiwanda Avenue improvements to extend across adtacent north property, APN• 1100-021-01, including southeast comer at Bartholow Dnve to loin with existing Bartholow Dnve improvements per City Drawing No 1948, Sheet 5 of 15; including cobble curb and gutter, pavement, sidewalk, dnve approach, streetlights, and access ramp 4) Candlewood Street and Crawford Place frontage improvements to be in accordance with City "Local Street" standards as required, including • a) Sidewalk shall be property line ad/acent. b) Streetlights shall be 5800 Lumen HPSV ~ GAF, (~--l~R PLANNING COMMISSION RESOLUTION NO 05-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 Page 5 c) There shall be no dnveway access to Candlewood Street d) Protect or provide traffic signage and stnping as required. e) Install Candlewood Street and Crawford Place full width from Etiwanda Avenue up to tom with existing improvements on Crawford Place. 5) Install local storm drams m Etiwanda Avenue and Candlewood SVeet to convey all development drainage to the Master Plan Siorm Drams The cost of local storm drains shall be borne by this development v~nth no fee credit Provide a street design for Candlewood Street that v~nll surface overflow to Etiwanda Avenue in the event of blockage in the sump catch basins a) All sump catch basins, laterals, and surface over flow shall be designed to handle 0100 b) There is a sump condiiion on the south side of Candlewood Street Public street runoff cannot enter pnvate property. C) Extend the local storm dram system as far on-site as needed to contain 025 within the tops of curbs, 0100 within rights-of-way, and prowde a 10-foot dry lane m 010. 6) Internal streets to be improved in accordance with City "Local Street" standards, as regwred, including: a) Provide curb and gutter, property Ime adtacent sidewalk and asphalt pavement as required. b) Provide 5800 Lumen HPSV streetlights as regwred. c) Provide traffic signage and striping as required d) Access ramps shall be provided at both comers of Candlewood Street intersection with cul-de-sac street 7) All parkways shall slope at 2 percent from the top of the curb to 1 foot behind the sidewalk along all street frontages 8) The property owner at the southeast comer of Etiwanda Avenue and Candlewood Street has been conditioned to dedicate the necessary nght-of--way along their frontage on Candlewood Street Install Candlewood Street full width a) If the owner has not obtained the dedication, then the necessary . rights-of-way need to be provided by a separate document b) Complete Candlewood Street improvements across this properly when nght-of--way is obtained. Cj~ll / l7"~~~ PLANNING COMMISSION RESOLUTION NO OS-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC. . July 13, 2005 Page 6 9) The proposed Water Quality Management Plan (WOMP) and Best Management Practices (BMPs) shall be illustrated on the Grading Plan at the time of plan check. 10) The owners of Lots 4, 5, and 15 shall maintain the proposed parkway and the planting area between the back of the sidewalk and the perimeter wall along the side yards. The side yard screen walls should not extend beyond the front of structures Walls along the side yards of Lots 4, 5, and 15 shall be setback a minimum of 5 feet from the back of the sidewalk, or as directed by the Planning Department. a) Install private landscaping and imgat~on systems in the side yards along the streets pnor to public improvements being accepted by the City. 11) Owners of Lots 12 and 13 shall maintain the proposed parkway planting area between the back of the curb and the right-of--way along Etrvvanda Avenue and the sidewalk easement between the two lots Install private landscaping and vngation systems in these areas pnorto public improvements being accepted by the City. 12) Provide aminimum 5-foot wide public landscape easement on Lots 13, 14, and 15 outside the perimeter wall adjacent to the Candlewood Street rear yards Landscape Maintenance District Plans shall incorporate attractive, low maintenance designs, compatible with or transitioning to adtacent landscape areas, to the satisfaction of the City Engineer The maximum slope within publicly maintained landscape areas is 3.1 Where slopes occur, a 1-foot wide flat area behind the sidewalk shall be prgvided. Slopes higher than 6 feet shall have a 2-foot wide flat shelf at the top, along the base of the wall Planting areas for shrubs should have a minimum width of 3 feet, clear of the wall footings Trees will require wider planting areas, as determined by ___t~ie City Engineer 13) The developer of the adjacent Tract 16454-1 is installing the master plan stone drain on Etiwanda Avenue This developer, (for Tentative Tract Map SUBTT16643), shall pay the drainage fees for Area 9 of the Etiwanda/San Sevame Area Drainage Policy 14) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical) on the protect side of Etiwanda Avenue shall be undergrounded along the entire protect frontage, extending from the first pole north of Bartholow Drive to the first pole south of Candlewood Street, pnor to public improvement acceptance or occupancy, whichever occurs first. All services crossing Etiwanda Avenue shall be undergrounded at the same time The developer may request a reimbursement agreement to recover one-half the City • adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street If the developer fails to submit for said reimbursement agreement within 6 C~ ~~ ~ (~--LEI PLANNING COMMISSION RESOLUTION NO. 05-47 DRC2004-00825 - tCB HOME GREATER LOS ANGELES INC. July 13, 2005 Page 7 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. Environmental Mitigation Air Quality 1) All construction egwpment shall be maintained m good operating condition so as to reduce operational emissions The contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' speaficaiions. Maintenance records shall be available at the construction site for City venfication 2) Prior to the issuance of any Grading Permits, the developer shall submit construction plans to the City denoting the proposed schedule and pro/ected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the pro/ect. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distnd (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction egwpment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions • Reestablish -ground cover on the construction site through seeding and watenng • Pave or apply gravel to any on-site haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time • Schedule actiwties to minimize the amounts of exposed excavated sod dunng and after the end of work periods • Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineenng practices. • Sweep streets according to a schedule established by the City if silt is carved over to adiacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction. C, ~ F, (7-~l 2~-- PLANNING COMMISSION RESOLUTION NO 05-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Page 8 Suspend grading operations durng high words (i a ,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWOCB)) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. 8) The construction contractor shall utilize elednc or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercal structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters 11) All residential and commercial structures shall be requred to incorporate thermal pane windows and weather-stnpping Biological Resources 1) Tree Removal Permit is required for the removal of the Eucalyptus windrow trees and a replacement program must be in place in the manner speufied in the New Windrow Planting Guidelines within the Et~wanda Specific Plan Cultural Resources 1) If any prehistonc archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to lake appropnate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga wdl• Enact intenm measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value C~ ~~ ~ (r--~a'3 PLANNING COMMISSION RESOLUTION NO 05-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 P,pge 9 • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's archaeological heritage • Propose mitigation measures and recommend conditions of approval to eliminate adverse profect effects on significant, important, and unique prehistonc resources, follo~nng appropriate CEQA guidelines • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area Submit one copy of the completed report with onginal illustrations, to the San Bemardmo County Archaeological Information Center for permanent archiving. 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e., paleontological monitonng) that may be appropnate. Where mitigation monitoring is appropnate, the program must include, but not be limited to, the following measures • Assign a paleontological monitor, trained and egwpped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bemardmo County Museum Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWOCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 2) Frontage public streets 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 the time of year of construction ~, ~F Cs'V~ a-f-/ PLANNING COMMISSION RESOLUTION NO OS-47 , DRC2004-00825 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Page 10 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~o emissions from the site dunng such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions Hydrology and Water Quality 1) Structures to retain preupitation and runoff on-site shall be integrated into the design of the protect where appropnate Measures that maybe used to minimize runoff and to enhance infiltration inGude Dutch drains, precast concrete lattice blocks and backs, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. 2) Pnor to issuance of budding permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WOMP), including a project descnption and identifying Best Management Practices (BMPs) that wdl be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Gwdelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 3) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained p.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Bwlding Offiual for coverage under the NPDES General Construction Permit Norse 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards speufied in Development Code Section 17 02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitonng as speufied in Development Code Section 17 02 120 Monitonng at other times may be regwred by the Planning Department Said consultant shall report their findings to the Planning Department within 24 hours, however, rf Horse levels exceed the above standards, then the consultant shall immediately notify the Planning Department If noise levels exceed the above standards, then construction acimties shall be reduced in intensity to a level of compliance with above noise standards or halted ~ (x-12-~ PLANNING COMMISSION RESOLUTION NO 05-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 • Page 11 3) The perimeter block wall shall be constructed as early as possible in first phase 4) Haul truck delrvenes shall not take place between the hours of 8 00 p m. and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily tnps (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 5) Walls placed at the tract would need to be 10 feet high on the south side of Lots 13, 14 and 15 and 12 feet high on the south side of Lots 4 and 5. The second floor rooms of Lots 4, 5, 11, 12, 13, 14, and 15 could require glazing upgrades to a Sound Transmission Class rating of STC32. 6) A final acoustical report shall be submitted for City Planner review and approval poor to the issuance of bwldmg permits The final report shall discuss the level of intenor noise attenuation to below 45 CNEL, the building matenals and construction techniques provided, and if appropnate, venfy the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report 7) The applicant shall submit certification from an acoustical engineerthat all recommendations of the acoustical report were implemented in construction, including measurements of intenor and extenor noise levels to document compliance with City standards Certification shall be submitted to the Bwlding & Safety Department pnor to final occupancy release of the affected homes The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Mauas, Chairman ATTEST Brad Buller, Secretary C~ 1--/ f I lT`~ PLANNING COMMISSION RESOLUTION NO OS-47 DRC2004-00825 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 Page 12 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 13th day of July 2005, by the following vote-to-wit AYES' COMMISSIONERS. NOES• COMMISSIONERS: ABSENT' COMMISSIONERS: ~J • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, and Development Review DRC2004-00822. 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 wtll take action, what action will be taken and when, and to whom and when compliance wdl be reported 3 The MMP has been designed to provide focused, yet flexible guidelines. As momtonng 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 will 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. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will betaken and when, and to whom and when compliance will be reported All monitoring and reporting documentation wdl be kept in 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 Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 c,~F, C~-t2.8 Mitigation Monitoring Program SUBTT16643, DRC2004-00825 & DRC2004-00822 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the prolect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the prolect planner. 4. The prolect planner or responsible City department will 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 required for the specific phase of development 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the prolect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. • 7. The prolect 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 after written notification has been issued. The prolect planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The prolect 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 regwre monitoring after prolect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall require the applicant to post any necessary funds (or other forms 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 required period of time. 9. In those instances requmng long-term prolect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the prolect site and reporting the monitoring 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/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. u MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Protect File No.. Tentative T.a~r nn~., m ~nTr~c~... .._ .... . -- _ Applicant. KB HOME GREATER LOS ANGELES INC. - Initial Study Prepared by:oVance'Pomerov6Contract Planner Date. February 9. 2005 .. , n~ w-~.~.;,-,-~, ",Av:.QUalitys<^~.~ t~x~.~3,_'.' ,« .~ er • ~ .. •• ., v _-; J"•~ ~ ~ n~` a R.r2 < All construction egwpment shall b p R ~'` _ VA' k ~t~a'~~"~.'~ 1i` x~ tY~i: ~ FxF ~„~~ t- 'i~ ~ ~ e maintained in good operating condition so as to reduce operational CP C Review of plans A/C ` ` ' y4 emissions The contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City venfication Pnor to the issuance of any Gradin P g ermits, the developer shall submit construction lan t th CP/BO C Review of plans C 2 p s o e City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Av Quality Management District (SCAQMD) as well as City Planning Staff All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 CP C Review of plans A/C 2/4 Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108 All construction equipment shall comply with SCAQMD BO C Revlew of plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions. • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering • Pave or apply gravel to any on-site haul roads BO C Review of plans A/C 2/4 1 of 7 • Phase grading to prevent the susceptibility of large BO C .. • , areas to erosion over extended penods of time Rewew of plans AIC .r yq • Schedule activitie t BO s o minimize the amounts of exposed excavated soil durng and after the end of C Rewew of plans AIC yq work penods • Dispose of surplus ex t d BO cava e material in accordance with local ordinances and C Review of plans q q use sound engineering practices • Sweep streets according to a sched l BO u e established C by the City if silt is carved over to adtacent public Dunng q 4 thoroughfares or occurs as a result of hauling, construction Timing may vary depending upon time of year of - construction • Suspend grading operations d h uring igh winds (i.e , BO C D wind speeds exceeding 25 mph) in accordance with unng A 4 SCAQMD Rule 403 regwrements construction • Maintain a minimum 24 h f -inc reeboard ratio on soils BO C D haul trucks or cover payloads using tarps or other unng q 4 swtable means Construction The site shall b t e reated with water or other BO C Dunng q soil-stabilizing agent (approved by SCAQMD and construction q Regional Water Quality Control Board [RWOCB]) daily to reduce PM,a emissions, in accordance vnth SCAQMD l Rule 403 Chemical soil-stabAizers (approved by SCAQMD and BO C Dunng q q RWOCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions The construction contractor shall utilize electric or clean BO C Rewew of plans A/C 4 alternative fuel powered equipment where feasible. The construction contractor shall ensure that BO C Review of plans AIC 2/4 construction-grading plans include a statement that work crews wdl shut off equipment when not in use All residential and commeraal structures shall be BO CID Rewew of plans C 2/4 required to incorporate high efficiencyAow polluting heating, air conditioning, appliances, and water heaters. 2 of~ . ~~ ~~ ,. , All residential arid. commercial structure h ll • • .. •, • s s a be required to incorporate thermal BO C/D Revew of plans C y4 weather-stripping Pane windows and icel{,Reso ~ r,~~,e5v~~ ~,~ s ~ ~~w„ 5 ~ ~ '" FY ., ~ . Tree Removal Permd is regwred for the r n rR n SI ~ vG ~ . ~~y~~5.~~a, yt ~ W emoval of the eucalyptus windrow trees and a replacement program CP g/L`ro Review of A 2/3/4 must be put in place in the manner specified in the New i planslA i Windrow Planting Guidelines within the Etlwanda Specific Plan Cultural`Resources""~~'°'_'~=-~'~~'~:;~-k~'°;•' ";•"';.-~ ~~ il ~~ i c._ }n .- - n b,' ~ F~~ ~: ~} .n. ~'~,~_ <pn ey..~ ..~`i-~..~ Ea~Yfi t Y W _ iA#~Q~~ 4 l 4 ?_ `~~'=~(.y:~~r++iAAYt ~~""~~{?~~.. ~~ tltltl^---^«1 i~E`! . ~fi ~ ~ _ 'b [ r ~~ ~~y_ y1 ~ " ~y1 4 ~ ' , If any prehistoric archaeological r a . 1Y 5 { e ~1 C ~+'4Yf 1+' .kk1I~T ,. r~ ~'}W.{ il? ~° . .~ ~y ~? ~ -T~ •, yE ~' Y5y 4r a t~ ~ esources are I encountered before or during grading, the developerwdl .+ v,1 A retain a qualified archaeologist to momtor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to t pro ect undesignated CP/BO C R sites from demolition or significant modification eview of report A/D 3/4 without an opportunity for the City to establish its archaeological value • Consider establi h s ing provisions to require incorporation of archaeological sites within n CP/BO C Review of report A/D 314 ew developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's CP/BO C Review of report AID 3/4 archaeological heritage • Propose mitigation measures and recommend CP/B0 C Review of report AID 3/4 conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines 3of7 - ,. , ~ ., , • Prepare a technical resources management report CP C . • ~ , documenting the inventory, evaluation, and Review of report AID 3/4 ` ' proposed mitigation of resources within the protect area Submit one copy of the completed re ort with p , original illustrations, to the San Bernardino County Archaeological Information Center for permanent archroing A qualified paleontologist shall conduct a r p econstruction fi ld CP g R e survey of the protect site The paleontologist shall evew of report AID q submit a report of findings that will also provide speafic recommendations regarding further mitigation measures (i e., paleontological monitoring) that may be appropriate Where mitigation momtonng is appropriate , the program must include, but not be limded to the , following measures ~ • Assign a paleontolo l gica monitor, trained and equipped to allow the rapid removal of fossils with CP B Review of report A/D 4 minimal construction delay, to the site full-time during the interval of earth-disturbing activilies • Should fossils be found within an area being cleared BO B/C Review of report A/D 4 or graded, divert earth-disturbing activdies elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find • Submit a summary report to the City of Rancho CP D Review of report D 3 Cucamonga Transfer collected specimens with a copy of the report to the San Bemardino County Museum Geolo ;and Soil '~~ s' .: ~ .`~ u - r "" gY $ a:' .'y.4 ~fr'.' =ar ~=; ~' -4 _ ~ ~' ' ~ a '~`,~'~?;s S„r~F~'i:[,,+~`.`£- -t~:.... n_ r~ 459 ` ~`', w w r ;~"~' 4. `t:.v,..wi ~'+s': 't ^ _ ,,2 t.4y r~ki *t ~~~ •~iS~ Sf ~ i'~~ ~~}~v`'-,o-~`.' ~a '~'K'#iiy~ti~"Yi n~ ~ A. • ~f~1.~<, e v~ The site shall be treated with water or other soil- BO C During A 4 stabilizing agent (approved by SCAOMD and RWOCB) construction daily to reduce PM~o emissions, in accordance with SCAOMD Rule 403 . 4of7~ . LJ Frontage public streets shall be swept according to a BO C schedule established by the City to reduce PM,o During q 4 emissions assoaated with vehiGe tracking of sod off-site construction Timing may vary depending upon the time of year of construction Grading operations shall be suspended when wind BO C D speeds exceed 25 mph to minimize PM urng q 4 ,o emissions from the site dunng such episodes construction Chemical soil-stabilizers (a rov d b S pp e y CAOMD and BO C RWQCB) shall be applied to all inactive c t During q 4 ons ruction areas that remain inactnre for 96 hours or more to construction reduce PM,o emissions , .. ;' '' -`".. Hydrology and Wat Q hhI ' - ~ ` ' c~T ' =ta ~' ~ - t - ° ` er ua . - •7 ~ % ; ~ ~ C:... ` _e ~ , _c~r_ r . ~- +'-~ ~ _ - -.~-~. ~. , A"*~ ~_~ ~ zi % `4• '~F'~;-y --X8 rar' eu,.: ~u"`; S 4 .r a- _, 7 , _ Ix ys.rM _ , rn _ . ~ , .': StrUCt ures to retain reci it t , p p a ion and runoff on-site shall be integrated into the design of the protect where CE B/C/D Rewew of plans AIC 2/4 appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drams , precast concrete lattice blocks and bncks, terraces, diversions, runoff spreaders seepage pits and rechar e , , g basins ~, Y Pnor to issuance of bwlding permits, the applicant shalt CE B/C/D Rewew of plans AIC 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (WOMP), including a protect ~ description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WOMP shall identifythe structural and non-structural measures consistent with the Gwdelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 5of7 ,. .. Prior to issuance of grading or paving permits, the BO B/CID Review of plans A/C 2l4 applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the Cit y Budding Offiaal for coverage under the NPDES General C onstruction Permit \\11 tR~ ''vQ~se~~*4~'.~jryi ,~,.`N'L•t'~' ~ t"~.y *id4y:~~i' ~',Y f~:~'-tarpl '"W - - -°~, r ~~~. ~ ~``'+ ':r ~~. , 2' •+c~ :Y"tS'-"'}c 'AJ -~ ~ ~" ~~~~ +~~'l`?'. ~. 1 ~ ~ ~ , j J ~` ~ ~~ . ,. d, T {n j d ;;L ~M,~r n ~ ` ,K , b , i Construction or radin h ll g g s a not take place between the BO C D hours of 8 00 p m and 6 30 a m. on weekdays, uring construction q 4 including Saturday, or at any time on Sunday or a national holiday Construction or grading noise levels shall not exceed the CP C standards specified in Development Code Section During construction q 4 17 02 120-D, as measured at the property line ~ Developer shall hire a consultant to perform weekly noise level monitoring as speafied in Development i Code Section 17 02 120 Monitoring at other times may be required by the Planning Department Said I consultant shall report their findings to the Planning _ Department within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department If noise levels exceed the above standards, then construction activities shall be reduced in intensely to a level of compliance with above noise standards or halted Walls placed at the tract would need to be 10 feet high CP C Dunng A A on the south side of Lots 13, 14 and 15, and 12 feet high construction on the south side of Lots 4 and 5 The second floor rooms of Lots 4, 5, 11, 12, 13, 14, and 15 could regwre glazing upgrades to a Sound Transmission Class rating of STC32 The perimeter block wall shall be constructed as early CP C Dunng A A as possible in first phase construction 6of~ i~~ ~`' ~` s ~J Mitigation Measures No. I t ., ~ Haul truck deliveries shall not take place between the P/O •. C . ~. - _ hours of 8 00 p m and 6 30 a m. on weekdays During A 4n , Including Saturday, or at any time on Sunday or a construction national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Horse mitigatton plan denoting any construction traffic haul routes To the extent feasible , the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings A final acoustical report shall be sub tt mi ed for City Pl PO/BO C D anner review and approval prior to the issuance of uring q 4!7 building permits The final report shall discuss the level construction of interior noise attenuation to below 45 CNEL the , building materials and construction techniques provided , and if appropriate, verify the adequacy of the mitigation measures The building plans will be checked for conformance with the mitigation measures contained In the final report The applicant shall sub t mi certification from an POIBO C During q acoustical engineer that all recommendations of the 4n acoustical report were implemented in construction construction , ~ including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes Key to Checklist Abbreviations 'Res orisible Persori~' '"a- `', -' ~'°- P_ ~ ~ ~~~. _~`t,. ,~ ~ `r CDD -Community Development Director or designee ----•' = ,`• ~aMonitoringiFrequency~:~ ~~ A -With Each New Development °. ~, '._ '- =~Methodof'Verificatiori=~ a°iF`°=+~• ,`~ A - On-site Inspection ~ . _~ ~r-~,„-m;.r. . v,-_x ~,, ~Sanctions'--»~w~.e'_'~ -~.%; ~- ;, 1 -Withhold Rewrdation of Final Map CP -City Planner or designee B - Prior To Construction B - Other Ageuy Pertnd /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or desgnee C -Throughout ConsWction C -Plan Check 3 - W dhhold Certificate of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (Reports/Studies/ Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Depositor Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation 7of7 ,~f.. .' COMMUNITY DEVELOPMENT DEPARTMENI~ STANDARD CONDITIONS PROJECT #: CONDITIONAL USE PERMIT DRC2004-00825 SUBJECT: DEVELOPMENT OF i5SINGLE-FAMILY HOMES APPLICANT: KB HOME GREATER LOS ANGELES, INC LOCATION: NORTHEAST CORNER OF CANDLEWOOD STREET AND ETIWANDA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Com IeLOn D A. General Requirements 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 CouR costs and attorney's fees which the City, its agents, officers, or employees may be requred 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 Approval of Conditional Use Permit DRC2004.00825 is granted subject to the approval of ~~ Tentative Tract Map SUBTT16643, Development Review DRC2004-00822, and Variance DRC2005-00186 3 Copies of the signed Planning Commission Resolution of Approval No 05-47, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect 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 SC-1-OS CJ Fj ~ (~' --G3'~ Project No DRC2004-00825 C. Site Development a 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterwr materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan 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 Undorm 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 Bwlding and Safety Department to show compliance. The buildings shall be inspected for compliance pnor 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 bwlding permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency pnor 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 subdmsion, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of bulding permit issuance 7. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view 8 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 9 Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 10 All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination - -- 11 All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for City Planner and City Engineer rewew and approved prior to the issuance of building permits 12 Six-foot decorative block walls shall be constructed along the protect perimeter If a double wall condition would result, the developer shall make a good faith effort to work with the adtoining property owners to provide a single wall Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the protect's perimeter 13 Construct block walls between homes (i a ,along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency 14 Access gates to the rear yards shall be constructed from a material more durable than wood • gates Acceptable materials include, but are not limited to, wrought iron and PVC. 15 For residential development, return walls and corner side walls shall be decorative masonry SC-1-05 C-J~)~ ~~3 a' Comoletion Date _~~- ~~- ~~ ___/~- ~~- ~~- ~~- ~~_ _1-~ ~~_ ~~- ~~- _1-/- -/-~- ~~_ Protect No DRC2004-00825 Completion Date D. E. F. 16 On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk The ~~~ 5-foot wall/Tence setback and the parkway shall have landscape and irrigation in addition to the required street trees Detailed landscape and irrigation plans shall be submitted for City Planner review and approval prior to issuance of building permits The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 17 Where rock cobble is used, it shall be real river rock Other stone veneers may be ~_/_ manufactured products. Building Design 1 All roof appurtenances, including air conditioners and other roof mounted egwpment and/or ~~_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included in building plans 2 For all residential development, provide condwt from each uniVlot and a pull box to connect to ~~_ the street Provide interior structured wiring for each house building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB) Plans shall be submitted for City Planner and Bwlding Official review and approval prior to issuance of building permits Parking and Vehicular Access (indicate details on building plans) 1. Multiple car garage driveways shall be tapered down to a standard two-car width at street. ~~ Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping ~~_ in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of bwlding permits or prior final map approval in the case of a custom lot subdivision. 2 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2.1 ~~_ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting requred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 3 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater ~~_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area, 1-gallon or larger size shrub per each 100 sq tt of slope area, and appropriate ground cover In addition, slope banks in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5- gallon orlarger size tree per each 250 sq ft of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting regwred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy I For single-family residential development, all slope planting and irrigation shall be continuously ~~_ maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition . sc-l-os ~ L ~r~~ iF Protect No DRC2004-00825 Comolellon Date 5 Front yard and corner side yard landscaping and irrigation shall be required per the . Development Code and Etiwanda Specific Plan This requirement shall be in addition to the a requred street trees and slope planting 6. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be rncluded in the regwred landscape plans and shall be sublect to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be requued by the Engineering Department 7 All walls shall be provided with decorative treatment li located in public maintenance areas, the design shall be coordinated with the Engineering Department 8 New windrow planting of Eucalyptus Maculata (Spotted Gum) is regwred at a ratio of 50 linear feet per acre. The size, spaang, staking, and irrigation of these trees shall comply with the City's Tree Preservation Ordinance (RCMC 19 OS 100) G. Environmental Mitigation measures are required for the protect The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 474 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for Torfeit. H. Other Agencies 1. The applicant shall contact the U S Postal Service to determine the appropriate type and location of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be sublect to Cary Planner review and approval pnor to the issuance of building permits APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE• ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) I. 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 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 Department Protect Number (i e , DRC2004-00822) clearly identified on the outside of all plans ~-/_ ~___/_ / / -/~- _/_J- ~~_ _/~_ SC-1-OS 4 C~~J~7 ,lT `~ Prgect No DRC2004-00825 Completion Date 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report ~~ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal ~ 3 ~ Contractors must show proof of State and City licenses and Workers' Compensation coverage ~_/_ to the City pnor to permit issuance. 4 Separate permits are required for fencing and/or walls. -~-1- 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued bythe -J_J- Bwlding and Safety Department. 6 Developers wishing to participate in the Community Energy Efticiency Program (CEEP) can ~~_ contact the Bulding and Safety Department staff for information and submittal requirements J. 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 , DRC2004-00822) The applicant shall complywith the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Bulding and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2 Prior to issuance of building permits for a new residential protect or mator addition, the applicant ~~_ shall pay development fees at the established rate Such fees may include, but are not limited to City Beautdication Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Bulding and Safety Department pnor to permit issuance 3 The Building and Safety Official shall provide street addresses after tract 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 K. New Structures 1. Provide compliance with the California Bulding Code (CBC) for property line clearances ~~- considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for requred occupancy separations. ~~- 3 Rooting material shall be installed per the manufacturer's "high wind" instructions ~~- L. Gra ding 1 Grading of the subtect property shall be in accordance with California Building Code, City ~~- Grading Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to -/_/_ pertorm such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check 4 The final grading, appropriate certitications and compaction reports shall be completed, _/_/~ submitted, and approved by the Building and Safety Otiicial prior to the issuance of bulding permds SC-1-OS /fit, S C/~~/~ ~d Project No DRC2004-00825 Comolellon Date 5 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 Ciwl Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Dedication and Vehicular Access Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc-) shall be reserved as shown on the plans and/or tentative map Dedication shall be made of the following rights-oi-way on the perimeter streets (measured from street centerline). 50 total feet on Etiwanda Avenue 40 total feet on Candlewood Street 30 total feet on Crawford Street 30 total feet on Internal Street 3 Corner property line cutoffs shall be dedicated per City Standards N. Street Improvements • 1 All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc) shown on the plans and/or tentative map shall be constructed to City Standards Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. • 2. Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except that in developments containing more than one building or unit, the development may have energyconnections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development 3 A minimum of 26-foot wide pavement, within a 40-foot wide dedicated right-of-way shall be constructed for all half-section streets 4. Construct the following perimeter street improvements including, but not limited to. Street Name Curb 8 Gutter AC Pvmt Side- walk Dnve Appr Street lights Street Trees Comm Trail Median Island Bike Trail Other Etiwanda Avenue X X X X X X Candlewood Street X X' X X X Crawford Place X X X X X X Internal Street X X X X X X _~_~- ~-/- ~~- ~~- ~-~- ~~- ~~_ ~~- _/~_ _/~- -/~- ~~- SC-1-OS ~'~G~ F Csrl~~- Protect No DRC2004-00825 Camoletion Date Improvement Plans and Construction a Street Improvement plans, Including street trees, street lights, and Intersection safety Ilghts on future signal poles, and traffic signal plans shall be prepared by a registered CIVII 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 Clty Engineer and the Clty Attorney guaranteeing completion of the public and/or private street improvements, poor 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 conduct with pull boxes shall be installed with any new construction or reconstruction protect along major 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 galvanized steel with pull rope or as specified e. Handicapped access ramps shall be Installed on all corners of intersections per Clty Standards or as directed by the Ciry Engineer f. Existing Clty 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 Clty 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 Clty Planner prior to submittal for first plan check. 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. Install street trees per Clty street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend" Where public landscape plans are required, tree Installation In those areas shall be per the public landscape improvement plans The City Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional information, contact the Protect Engineer. Min. Grow Street Name Botanical Name Common Name Spaee Spacing Size Oty Candlewood Street Pistacia chinesis Chinese Pistache 5' 30' O C 15 Gal Fill In Crawlord Place Tnstaniopsis launna NCN 3' 20' O C 15 Gal Fill In Etiwanda Avenue Eucalyptus Red Gum 8' 30' O C 15 Gal Fill camablulenis In Internal Street To be Determined at Plan Check _/~ • ~~. ~~. ~~. ~~ ~~~ ~~- ~~. ~~. ~~- `J SC-1-OS ~ Protect No DRC2004-00825 Completion Date • Construction Notes for Street Trees 1) All street trees are tc be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may regwre backfill soil amendments, as determined by the City inspector 3) All street trees are subject to inspection and acceptance by the Engineering Department 4) Street trees are to be planted per public improvement plans only B 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 project intersections, including driveways Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as requred O. Public Maintenance Areas 1 A separate set of landscape and irrigation plans per Engineering Public W orks Standards shall be submitted to the City Engineer for review and approval prior to final map approval or Issuance of bulding permits, whichever occurs first The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District Candlewood Street rear of Lots 14 and 15. 2 Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or other acceptable non-irrigated sudaces 3 A signed consent and waroer form to loin 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. . 4 All regwred public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City P. O. • 5 Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Etiwanda Avenue. Drainage and Flood Control 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 Adequate provisions shall be made for acceptance and disposal of surtace drainage entering the property from adjacent areas Utilities 2 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. The developer shall be responsible for the relocation of existing utilities as necessary Water and sewer plans shall be designed and constructed to meet the regwrements of the Cucamonga Valley W ater District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW D is regwred 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 ~~- ~~- ~~- ~~- ~~- ___/~- ~_/- ~_, ~~- _/~_ -/~- SC-1-05 C~ ~, F Protect No DRC2004-00825 Completion Date 4 Approvals have not been secured from all utilities and other interested agencies involved ~~~ Approval of the final parcel map will be subtect to any regwrements that may be received from them. R. General Requirements and Approvals 1 Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage .~~_ Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved 2 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all ~~_ new streetlights for the first six months of operation, prior to final map approval or prior to bwlding permit Issuance if no map is involved 3. Prior to the issuance of bulding permits, a Diversion Deposit and related administrative fees ~~_ shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable rf at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation Is provided to the City Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition protect. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: S. Security Hardware lass doors din ll l ll d J~ / g g i e on a s 1. A secondary locking device shall be insta - - i 2 One-inch single cylinder dead bolts shall be installed on all entrance doors It windows are ~~ within 40 inches of any Iocking device, tempered glass or a double cylinder dead bolt shall be used. 3 All garage or rolling doors shall have slide bolts or some type of secondary locking devices ~~- T. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be ~~_ lifted from frame or track in any manner U. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime ~~_ visibility. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-1-05 9 ~`(~ C,c, F~ ~ RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS February 3, 2005 KB Homes 15 SFR SUBTT16643 & DRC2004-0825 DRC2004-00822 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design gwdelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants insingle-family residential projects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 200-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. ti. At intersections. iii. On the right side of the street, whenever practical and possible. iv. As regwred by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any bwlding. FSC-2 Fire Flow 1. The required fire flow for this project is 1750 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2 Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire Distract review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Firewater plans are regwred for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. ~'~~ij>Gfz'f~~~ 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. 1 FSC-9 Single-family Residential Sales Model homes require approved Fire District vehicle access and water supply from a public or private water main system before construction. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District 'Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. Chronological Summary of RCFPD Standa Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the rewew and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard #9-8 2. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fue Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped 3. Construction Access: The access roads must be paved in accordance with all the regwrements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6° above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers'. On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Public Roadways: Pnor to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 3. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-mch numbers on a contrasting background. The numbers shall be internally or externally illuminated during penods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-mch numbers shall be displayed at the property entry. -__J s G--I~P~ e,EF RESOLUTION NO 05-48 x A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2005-00186 TO ALLOW SOUND WALLS EXCEEDING 8 FEET IN HEIGHT AT THE SOUTHERLY PORTION OF PROPOSED LOTS 4, 5, 13, 14, AND 15 FOR PROPOSED TENTATIVE TRACT MAP SUBTT16643 IN THE LOW MEDIUM RESIDENTIAL DISTRICT AT THE NORTHEAST CORNER OF CANDLEWOOD STREET AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-031-01 THRU 04 A. Recitals. 1. KB Home Greater Los Angeles Inc filed an application for the issuance of Vanance DRC2005-00186, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subject Vanance request is referred to as "the application " 2. On the 13th day of July 2005, 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 preregwsites pnor to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission of the City of Rancho Cucamonga as follows. 1 This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct 2 Based- upon the substantial evidence presented to this Commission during the above-referenced public heanng on July 13, 2005, including written and oral stall reports, together with public testimony, this Commission hereby specifically finds as follows. a The application applies to the property located at the northeast comer of Candlewood Street and Etiwanda Avenue with a street frontage of approximately 290 feet and lot depth of approximately 462 feet and is presently unimproved, and b The property to the north of the subject site is single-family homes under construction, the property to the south consists of unimproved office/professional land for which a formal application has been submitted, the property to the east is single-family homes and the I-15 freeway, and the property to the west is single-family homes and office/professional, and c The development is proposed to include the development of one single-family residence on each lot; and d. The property abuts Etiwanda Avenue, classified as a Secondary Street in the General Plan and is approximately 150 feet from the I-15 Freeway travel lanes, hence, is subtect to traffic . noise levels that exceed the City's standards The acoustical analysis indicates the need for sound attenuation walls up to 12 feet high relative to the pad heights, plus acoustic upgrades m the homes to reduce the noise to acceptable levels c~~~;~--~~9 PLANNING COMMISSION RESOLUTION NO 05-48 VARIANCE DRC2005-00186 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 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 Commisson hereby finds and concludes as follows. a. That strict or literal interpretation and enforcement of the speafied regulations would result in practical difficulty or unnecessary physical hardship inconsistent vnth the ob~ectrves 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 Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. e. That the granting of the Vanance wdl not be detrimental to the public health, safety, or welfare or materially in~unous to properties or improvements in the vroinity. 4. The Planning Commission hereby finds and determines that the protect identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Ac! (CEQA) of 1970, as amended, and the Gwdelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Gwdelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) The sound walls along Candlewood Street should provide a different color or texture on the lower portion to de-emphasize the height Horizontal application of darker colors on the bottom can make the wall appear shorter 6. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Maaas, Chauman C~ ATTEST. Brad Buller, Secretary PLANNING COMMISSION RESOLUTION NO 05-48 VARIANCE DRC2005-00186 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 Page 3 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 13th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: RESOLUTION NO 05-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2004-00822 FOR THE DEVELOPMENT OF 15 SINGLE-FAMILY DETACHED HOMES ON 5 02 ACRES IN THE LOW-MEDIUM RESIDENTIAL DISTRICT AT THE NORTHEAST CORNER OF CANDLEWOOD STREET AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN~ 100.031-01 THRU 04 A. Recitals 1. KB Home Greater Los Angeles Inc filed an application for the Design Review of Tentative Tract Map SUBTT16643, as descnbed in the title of this Resolution. Hereinafter m this Resolution, the subtect Design Review request is referred to as "the application." 2 On the 13th day of July 2005, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application 3 All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, detennined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows. 1 This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2 Based upon the substantial evidence presented to this Commission dunng the above-referenced meeting on July 13, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows - a. The application applies to the property located at the northeast comer of Candlewood Street and Etiwanda Avenue with a street frontage of approximately 290 feet and lot depth of approximately 462 feet and is presently unimproved, and b The property to the north of the subbed site is single-family homes under construction, the property to the south consists of urnmproved office/professional land for which a formal application has been submitted, the property to the east is single-family homes and the I-15 freeway, and the property to the west is single-family homes and office/professional, and c. The development is proposed to include the development of one single-family residence on each lot, and d All parking and arculation requirements are met 3. Based upon the substantial evidence presented to this Commission dunng the above-referenced meeting and upon the specific findings of facts set forth m paragraphs 1 and 2 above, this Commission hereby speafically finds and concludes as follows. a That the proposed project is consistent with the ob~edrves of the General Plan; and PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Page 2 b. That the proposed design is in accord with the obiectives of the Development Code and the purposes of the distnct in which the site is located; and c That the proposed design is incompliance with each of the applicable provisions of the Development Code, and d. That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injunous to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith 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 will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitonng Program attached hereto, and incorporated herein by this reference, bdsed upon the findings as follows. a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEC]A guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent tudgment 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 protect 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 project, there is no evidence that the proposed protect will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public heanng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(o-1-d) of Title 14 of the California Code of Regulations. 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Deaariment 1) Approval of DRC2004-00822 is subject to the approval of Vanance DRC2005-00186 for the sound walls 2) The sound walls along Candlewood Street should provide a different color or texture on the lower portion to de-emphasize the height Honzontal application of darker colors on the bottom can make the wall appear shorter C,,~FU /53 PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 3 3) Tree Removal Permit DRC2004-00824 is hereby approved subject to the mitigation measures below, and that Spotted Gum (Eucalyptus maculata) replacement trees shall be used for the windrow replacement. 4) The developer shall provide each prospective buyer of lots along Etiwanda Avenue wntten notice of the required pedestnan paseo, which is to be maintained in perpetuity. The written notice shall be signed by the prospective buyer pnor to acceptance of cash deposit on the property 5) The developer shall provide each prospective buyer of comer lots wntten notice of maintaining the landscaped parkway. The written notice shall be signed by the prospective buyer pnor to acceptance of cash deposit on the property 6) The developer shall provide each prospective buyer wntten notice of the adjacent I-15 freeway. The standard format for the wntten notice shall be submitted for City Planner review and approval, prior to issuance of building permits The wntten notice shall be signed by the prospective buyer pnor to acceptance of cash deposit on the property. 7) Submit standard design of future trellis, patio, and patio covers that Pl ner t f C an y or i may be added within the rear yard by the homeowner revew, prior to issuance of Building Permits. The standard design shall include notes stating that rolled roof, metal, wood shingles, and asphaH shingles are not allowed 8) Prowde conduit from each unit/lot and a pull box to connect to the street and provde intenor structure winng for each house/budding with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and central distnbution panel, pnor to release of occupancy Plans shall be submitted for City Planner and Budding Official review and approval pnor to issuance of Budding Permits 9) The pedestnan paseo shall have a minimum width 10-foot easement and shall include sidewalk, landscaping flanking the sidewalk, and open decorative fenang to delineate the pedestnan paseo. Submd a detailed design of the pedestrian paseo between lots that front onto Etiwanda Avenue for City Planner and City Engineer review and approval pnor to plan check. 10) Streetscape along Etiwanda Avenue shall be designed per Etiwanda Speafic Plan. Enaineenna Department 1) Eiiwanda Avenue frontage improvements to be in accordance with City "Secondary arterial" standards and Etiwanda Speafic Plan Figure 5-23, including. PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Page 4 a) Provide cobble curb and gutter and property line adjacent sidewalk. b) Provide 9500 Lumen HPSV streetlights along Etiwanda Avenue frontage. c) Provide 'Two-way Left-Tum Lane" on Etiwanda Avenue d) Protect existing $26 "No Stopping" signs or replace as required. e) Provide a Class II Bike Lane along the Etiwanda Avenue frontage. f) There shall be no dnveway access to Etrvvanda Avenue. g) Access ramps shall be provided at both comers of Etiwanda Avenue and Candlewood Street. h) Since Etiwanda Avenue rear yards wdl be required to look like front yards, access shall be provided for the pnvate maintenance of the parkway. 2) The developer shall make a good faith effort to acquire the required . off-site property interests necessary to construct the regwred public improvements, and if he/she fail to do so, the developer shall, at least 120 days pnor to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462 5 at such time as the City deades to acgwre the property interests regwred for the improvements Such agreement shall provide for payment by the developer of all costs incurred by the City if the City deades to acgwre the off-site property interests regwred in connection with the subdivision. Secunty for a portion of these costs shall be in the form of a cash deposit m the amount given in an appraisal report obtained by the City, at the developer's cost The appraiser shall have been approved by the City pnor to commencement of the appraisal This condition applies in particular, but not limited to, the east side of Etrvvanda Avenue north of this tract boundary, to and including the comer property line cut-off at the southeast comer of Bartholow Dnve -APN 1100-021-01. 3) Install Etiwanda Avenue improvements to extend across adfacent north property, APN. 1100-021-01, including southeast comer at Bartholow Dnve to join with existing Bartholow Dnve improvements per City Dravnng No 1948, Sheet 5 of 15, including cobble curb and gutter, pavement, sidewalk, dnve approach, streetlights, and access ramp. 4) Candlewood Street and Crawford Place frontage improvements to be in accordance with City "Local Street" standards, as regwred, including: a) Sidewalk shall be property Ime adjacent. b) Streetlights shall be 5800 Lumen HPSV. PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC. . July 13, 2005 Page 5 c) There shall be no driveway access to Candlewood Street d) Protect or provide traffic signage and stnpmg as required e) Install Candlewood Street and Crawford Place full v~ndth from Etiwanda Avenue up to loin with existing improvements on Crawford Place. 5) Install local storm drains in Etiwanda Avenue and Candlewood Street to convey all development drainage to the Master Plan Stonn Drains The cost of local storm drains shall be borne by this development with no fee credit Provide a street design for Candlewood Street that vvtll surface overflow to Etiwanda Avenue in the event of blockage in the sump catch basins a) All sump catch basins, laterals, and surface over flow shall be designed to handle Q100 b) There is a sump condition on the south side of Candlewood Street Public street runoff cannot enter private property c) Exlend the local storm drain system as far on-site as needed to . contain Q25 within the tops of curbs, Q100 within rights-of-way, and provide a 10-foot dry lane m Q10. 6) Internal streets to be improved m accordance with City "Local Street" standards, as requred, including. a) Provide curb and gutter, property line adtacent sidewalk and asphalt pavement as required b) Provide 5800 Lumen HPSV streetlights as regwred c) Provide traffic signage and stnpmg as required d) Access ramps shall be provided at both corners of Candlewood Street intersection with cul-de-sac street 7) All parkways shall slope at 2 percent from the top of the curb to 1 foot behind the sidewalk along all street frontages 8) The property owner at the southeast comer of Etiwanda Avenue and Candlewood Street has been conditioned to dedicate the necessary right-of-way along their frontage on Candlewood Street Install Candlewood Street full width. a) If the owner has not obtained the dedication, then the necessary • rights-of-way need to be provided by a separate document. b) Complete Candlewood Street improvements across this properly when right-of--way rs obtained trl ~~~~ PLANNING COMMISSION RESOLUTION NO OS-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC • July 13, 2005 Page 6 9) The proposed Water Quality Management Plan (WQMP) and Best Management Practices (BMPs) shall be illustrated on the Grading Plan at the time of plan check. 10) The owners of Lots 4, 5, and 15 shall maintain the proposed parkway and the planting area between the back of the sidewalk and the penmeter wall along the side yards The side yard screen walls should not extend beyond the front of structures Walls along the side yards of Lots 4, 5, and 15 shall be setback a minimum of 5 feet from the back of the sidewalk, or as directed by the Planning Depariment. a) Install pnvate landscaping and imgation systems in the side yards along the streets pnor to public improvements being accepted by the City. 11) Owners of Lots 12 and 13 shall maintain the proposed parkway planting area between the back of the curb and the right-of-way along Etiwanda Avenue and the sidewalk easement between the two lots. Install pnvate landscaping and imgation systems in these areas pnor to public improvements being accepted by the City 12) Provide a minimum 5-foot wide public landscape easement on Lots 13, • 14, and 15 outside the penmeter wall adtacent to the Candlewood Street rear yards. Landscape Maintenance Distnct Plans shall incorporate attractive, low maintenance designs, compatible with or transitioning to adjacent landscape areas, to the satisfaction of the Cily Engineer. The maximum slope within publicly maintained landscape areas is 3 1. Where slopes occur, a 1-foot wide flat area behind the sidewalk shall be provided. Slopes higher than 6 feet shall have a 2-foot wide flat shelf at the top, along the base of the wall. Planting areas for shrubs should have a minimum Hndth of 3 feet, clear of the wall footings Trees will require wider planting areas, as determined by the City Engineer.- 13) The developer of the adtacent Tract 16454-1 is installing the master plan store drain on Etiwanda Avenue This developer, (for Tentative Tract Map SUBTT16643), shall pay the drainage fees for Area 9 of the Etiwanda/San Sevaine Area Drainage Policy. 14) The existing overhead utilities (telecommunications and electncal, except for the 66 kV electncal) on the protect side of Etiwanda Avenue shall be undergrounded along the entire protect frontage, extending from the first pole north of Bartholow Dnve to the first pole south of Candlewood Street, prior to public improvement acceptance or occupancy, whichever occurs first All services crossing Etiwanda Avenue shall be undergrounded at the same time The developer may . request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street If the developer fails to submit for said reimbursement agreement within 6 PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 Page 7 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City venfication. 2) Pnor to the issuance of any Grading Permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use Construction contractors shall prowde evidence that low-emission mobile construction equipment wdl be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distnct (SCAQMD) as well as City Planning Staff. S 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction egwpment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions Reestablish ground cover on the construction site through seeding and watenng Pave or apply gravel to any on-site haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time Schedule activities to minimize the amounts of exposed excavated sod dunng and after the end of work penods Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineering practices Sweep streets according to a schedule established by the City rf • silt is tamed over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC . July 13, 2005 Page 8 Suspend grading operations during high winds (i a ,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWOCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 7) Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMro emissions 8) The construction contractor shall utilize electnc or clean alternative fuel-powered equipment where feasible 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. . 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stopping Biological Resources 1) Tree Removal Permit is required for the removal of the Eucalyptus windrow trees and a replacement program must be in place in the manner specified in the New Windrow Planting Guidelines within the Etrvvanda Specific Plan Cultural Resources 1) If any prehistoric archaeological resources are encountered before or dunng grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for . the City to establish its archaeological value e ~,iC,~-~~~~ PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Page 9 • Consider establishing provisions to regwre incorporation of archaeological sites within new developments, using their speGal qualities as a theme or focal point • Pursue educating the public about the area's archaeological hentage. Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on sign cant, important, and unique prehistoric resources, follov~nng appropnate CEQA gwdelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area. Submit one copy of the completed report wrath original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving 2) A qualified paleontologist shall conduct a preconstrudion field survey of the protect site The paleontologist shall submd a report of findings that will also provide specific recommendations regarding further mitigation measures (i a ,paleontological monitonng) that may be appropnate. Where mitigation momtonng is appropnate, the program must include, but not be limited to, the following measures Assign a paleontological monitor, framed and egwpped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities • Should fossils be found within an area being cleared or graded, droert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to the City of Rancho Cucamonga Transfer collected speamens with a copy of the report to the San Bernardino County Museum Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMio emissions, in accordance with SCAQMD Rule 403. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMro emissions assoaated v~nth vehicle tracking of sod off-site. Timing may vary depending upon the time of year of construction ~JC,r~ ~`-yl~C~ PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Rage 10 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~a emissions from the site during such episodes 4) Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. Hydrology and Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropriate Measures that maybe used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 2) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm dram system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 3) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Budding Official for coverage under the NPDES General Construction Permd Noise 1) Construction or grading shall not take place between the hours of 8 00 p.m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards speafied in Development Code Section 17 02 120-D, as measured at the property Ime The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at ocher times may be required by the Planning Department Said consultant shall report their findings to the Planning Department within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department If noise levels exceed the above standards, then ~~ c ~<~--~~~ PLANNING COMMISSION RESOLUTION NO 05-49 DRC2004-00822 - KB HOME GREATER LOS ANGELES INC. July 13, 2005 Page 11 construction adrvities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The penmeter block wall shall be constructed as early as possible in first phase 4) Haul truck delrveries shall not take place between the hours of 8 00 p m, and 6-30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily inps (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings 5) Walls placed at the tract would need to be 10 feet high on the south side of Lots 13, 14 and 15 and 12 feet high on the south side of Lots 4 and 5. The second floor rooms of Lots 4, 5, 11, 12, 13, 14, and 15 could require glazing upgrades to a Sound Transmission Class rating of STC32. 6) A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the budding matenals and construction techniques provided, and if appropnate, venfy the adequacy of the mitigation measures The building plans wdl be checked for conformance with the mitigation measures contained in the final report 7) The applicant shall submit certification from an acoustical engineerthat all recommendations of the acoustical report were implemented in construction, including measurements of intenor and extenor noise levels to document compliance with City standards Certification shall be submitted to the Building & Safety Department pnor to final occupancy release of the affected homes The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich MaGas, Chairman ATTEST: Brad Buller, Secretary C~G~ F, C~laa- PLANNING COMMISSION RESOLUTION NO OS-49 ' DRC2004-00822 - KB HOME GREATER LOS ANGELES INC July 13, 2005 Page 12 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 13th day of July 2005, by the following vote-to-wit. AYES' COMMISSIONERS' NOES: COMMISSIONERS: ABSENT: COMMISSIONERS• vd~~~~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, and Development Review DRC2004-00822. This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-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 project 2 A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who wdl take action, what action will be taken and when, and to whom and when compliance will be reported. 3 The MMP has been designed to provide focused, yet flexible gwdelines. As morntoring 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 project. The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The project 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 will 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 will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who wtll take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation well be kept in the protect file with the department having the original authority for processing the project Reports will be available from the City upon request at the following address: City of Rancho Cucamonga -Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program SUBTT16643, DRC2004-00825 & DRC2004-00822 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor speafic mitigation activities and provide appropriate written approvals to the project planner 4. The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Forin After each measure is verified for compliance, no further action is requred for the speafic phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form 6. Unantiapated arcumstances may arise requiring the refinement or addition of mitigation measures The project planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed by the protect planneror responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7 The project 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 occumng 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 regwre monitoring after protect completion shall be the responsibility of the City of Rancho Cua3monga Planning Division The Division shall require the applicant to post any necessary funds (or other forms 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 required period of time. 9. In those instances-requiring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the monitoring 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/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits ~.. ~, F~ G--d lam • MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project Flle No.• Tentative Tract Man SUBTT16643 Conditional Use Permit DRC2004-00825 Development Review DRC2004-00822 Applicant: KB HOME GREATER LOS ANGELES INC. Initial Study Prepared by: Vance Pomeroy. Contract Planner Date: February 9. 2005 ~. . .. n..!;^,l"^r_~. ~ `~ry1'., r ~`{k.'.Ii'fi.5~~i~~ ~~"r'4 ~ •. a , All construction equipment shall be m t v h c- " '° ain ained in good operating condition so as to reduce operational CP C Review of plans A/C y4 emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City venfication. Pnor to the issuance of an G d y ra ing Permits, the developer shall submit construction plans to th C t CP/BO C Review of plans C 2 e i y denoting the proposed schedule and projected equpment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality ~ _ Management Distract (SCAQMD) as well as City Planning Staff All paints and coatings shall meet or exceed CP C Review of plans A/C 2/4 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed perforanance standards BO B Review of plans AIC 2 noted in SCAQMD Rule 1108 All construction equipment shall comply vmth SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall inGude the following provisions • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering • Pave or apply gravel to any on-sde haul roads. BO C Review of plans AIC 2/4 1 of 7 ,. ~ .. . ., .. • Phase grading to prevent the susceptibility of large BO C Review of plans AIC 2/4 areas to erosion over extended periods of time • Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated sod during and after the and of work periods • Dispose of surplus excavated material in BO C Review of plans A q accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established BO C by the City if silt is carried over to adjacent public During q q thoroughfares or occurs as a result of hauling. construction Timing may vary depending upon time of year of construction • Suspend grading operations dunng high winds (i e , BO ~ C During q q wind speeds exceeding 25 mph) in accordance with construction SCAQMD Rule 403 requirements • Maintain a minimum 24-inch freeboard ratio on sods BO C During A 4 ~ haul trucks or cover payloads using tarps or other Construction suitable means ~ The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RWOCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWOCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel powered egwpment where feasible The construction contractor shall ensure that BO C Review of plans A/C y4 construction-grading plans inGude a statementthatwork crews will shut off equipment when not in use All residential and commercial structures shall be BO C/D Review of plans C ti4 required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. 2of~ ~` ~~ l J ,. , ~ •. . .. All residential and commercial structures shall be BO CID Review of plans C yq required to incorporate thermal pane windows and weather-stepping ~Biological'Resources' ~t ~~ , `" °I•~~'Y''~"~'~ ~~` ` t} Tree Removal Permd is re uired fo th t ~~ q r e removal of the CP B/C/D R f eucalyptus windrow trees and a replacement ro r eview o A 2/3/4 p g am must be put in place in the manner specified in the New planslA Windrow Planting Guidelines within the Etiwanda Specific Plan Cultural,Resources_,~",t°f'~r'x,~~~~!~ 3~3,r~'a,~,~eq~,~ c~{• ,4 _ "~y2~ ~< _ If any prehistoric archaeolo l gica resources are encountered before or during grading, the developerwill retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated CPBO C Rewew of report AID 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to require CP/BO C Review of report AID 3/4 incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's CP/BO C Review of report A/D 3/4 archaeological heritage • Propose mitigation measures and recommend CPBO C Review of report AID 3/4 conditions of approval to eliminate adverse prolect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines 3of7 .. .. . -, , • Prepare a technical resources management report, CP C Review of report A/D 3/4 ` documenting the inventory, evacuation, and proposed mitigaton of resources within the protect area Submit one copy of the completed report with , original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving A qualified paleontologist shall d con uct a preconstruction CP B R field survey of the protect site The paleontologist shall erlew of report AID 4 submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures • Assign a paleontological monitor, trained and CP B Review of report AID 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time i during the interval of earth-disturbing activities ~ Should fossils be found within an area being cleared BO B/C Review of report A/D 4 ~ or graded, divert earth-disturbing activties elsewhere until the monitor has completed salvage _ If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find • Submit a summary report to the City of Rancho CP D Revew of report D 3 Cucamonga Transfer collected specimens with a copy of the report to the San Bemardno County Museum. 4'" f T. ~~ 'C'M1'- ~~ . t~ rS Jul 'JK TATj''FA A ~l 'y Li~ 1~~'ti~~, _y~ 'Ge61onV~/Yarid Soil 4 s~R•3 + N `rv ' i S ' g W 1 S' 'ANI {a-t~ ~ 4. 1 ~r K ~i~u "~ ~~~~f 2 ~ 1 1 n. rF.° ~P+ Yfe ifff`~~~ . Fa S ' +~qpp(! _ w/.•~a L WI )d M~ A _ jyg t y. 5,~ (~1Gr A >' ~ q'+ C'- y" ~~y Y ~~w ~~'~ C~ ~J~~ y.) ` M ~ ` ^ ,y. .p ., t . ~i . J~ ~„„ry.~ , ie^r$9 C,..S;i~ bwy. S ~_TYi S j.. n ~~~ !x}Yi P 1 % rt ~ i~k `6-r}, T.v i i i N> lilt `" SkCa d s2 ? '~ " The site shall be treated with water or other sod- BO C During A 4 stabdiUng agent (approved by SCAOMD and RWOCB) construction daily to reduce PM,a emissions, in accordance vnth SCAQMD Rule 403 4of~ • r- ~I ~~ ,. ... ., ~. Frontage public streets shall be swept according to a BO C Dunn q schedule established by the City to reduce PM,o g construction 4 emissions assoaated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction Grading operations shall b e suspended when wind s d BO C During q pee s exceed 25 mph to mimmize PM,o emiss~ons 4 from the site during such episodes construction Chemical soil-stabilizers (a r d b pp ove y SCAOMD and 80 C RWQCB) shall be applied to all inactive t Dunng q 4 cons ruction areas that remain inactive for 96 hours or more to construction reduce PM,o emissions `~ _ . ~ ~ ~ ~ -,~ Hydrology andWate~Qu ld ~,-r >>T c~, ~" ' ~ t < . , ~ a y - _i _ ~ . ,- -~ .~t_ ! - yf,< ,. _ ~ ~.L~S~ :=,°'_., 3^. e.., ~ .,--, H. ~ ., _ ~~ a _' 30- - '~--~__ ° ~~r "~•~` 1..-,~,- - ~ ~ u~~-'•i}-.Ke ' " ~ ' a aw <r..~. .., ~ ~ t; ~ ~ x~ ~ - rr_ v..v, ~9 y •- ~°~5Y'yec ~~ Y ~= Structures to retain precipitation and runoff on-sd h ll . ~ ~C , -.r .--. '~.rk_•u , i ~ .g 3,q f ~;:,:?= „ y e s a be integrated into the design of the protect where CE B/C/D Rewew of plans AIC y4 appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and backs, terraces , diversions, runoff spreaders, seepage pets, and recharge basins Prior to issuance of budding permits, the applicant shall CE B/C/D Rewew of plans AIC 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (W QMP), including a protect I description and identrfying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WOMP shall identify the structural and non-structural measures consistent with the Gwdelines for New Development and Redevelopment adopted by the Clty of Rancho Cucamonga In June 2004 5of7 ,. , ~ ... , , , . , • Prior to issuance of grading or pawng perrrnts, the applicant shall obtain a Notice of Intent (NOI) to com l BO B/CID Review of plans AIC 2/4 '~ p y with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Budding Offiaal for coverage under the NPDES General Construction Permd "Noised;:zr-,~.,~4~~r.~`''~"~'4~~~'u+`~ya pyr-~-;-4 - ,~:* ,,~~•i t -~ .° ~'~,t. l~:tr.-,.8:i `X:.,=;~'~~u'.,.~'.~i-r '~q., °x _r :'l'. a4 .z'. R ,_ , '~Y,Tr°~~`'r`~. .cK". +F :1,' 1 ?~ ,.,. ~~Y;„q~~'~"~ vt- r :~~'C°~ 1' rr at .?, "}r~k4rt.~+"C. ~ - i ~ ` `Dk °..~f. ~T,^~ ~ r~'ti , ` ~,.r" b.4 ~.lu't~d~`a E r ~ - ~~-y..-x° 'F-~T~'"3~; ~: ` ~'i ~ ' ` Construction or gradin sh ll t t k . x , r~ ~: Yi .b.~t` }, rt ,M. t ~ e `Y - r.+ , t ~' ' q 3r~ r : i i ^ -~~ ~a ~^` ~-'~~' - a g a no a e place between the hours of 8 00 p m and 6 30 a.m. on weekdays BO C During A - 4 , including Saturday, or at any time on Sunday or a construction national holiday Construction or radi g ng noise levels shall not exceed the CP C D ,standards specified in Development Code Section uring construction q 4 17 02 120-D, as measured at the property line Developer shall hire a consultant to pertorm weekly noise level monitoring as speafied in Development Code Section 17 02 120 Monitoring at other times may be required by the Planning Department Said consultant shall report their findings to the Planning Department wdhin 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted Walls placed at the tract would need to be 10 feet high CP C During A A on the south side of Lots 13, 14 and 15, and 12 feet high construction on the south side of Lots 4 and 5 The second Floor rooms of Lots 4, 5, 11, t2, 13, 14, and 15 could require glazing upgrades to a Sound Transmission Class rating of STC32 The perimeter block wall shall be constructed as early CP C During A A as possible in first phase construction 6of7i . - ,. Haul truck deliveries shall not take place between the P/O -, C ~. - _ hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a During construction q 4n national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily taps (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible , the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. A final acoustical report shall be b itt I su m ed for City P PO/BO C D i lanner review and approval prior to the issuance of ur ng q 4!! building permits The final report shall discuss the level construction of interior noise attenuation to below 45 CNEL the , budding materials and construction techniques provided , and if appropriate, verify the adequacy of the mitigation measures The building plans will be checked for conformance with the mitigation measures contained in the final report - The applicant shall s b t ~ u mi certification from an PO/BO C During A acoustical engineer that all recommendations of the con t t 4/7 acoustical report were implemented in construction s ruc ion , including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building 8 Safety Department prior to final occupancy release of the affected homes Key to Checklist Abbreviations Res onsibl ~, .mow,,,,, ~ p ~" e3Person'"~"~'~o-~ z°"- CDD -Community Development Director or designee ~IVlonitoriii ~ - ,~g~F,reguent:y~,,;u A -With Each New Development ~ s" "~ .Mea..thodof~V~e~ific,~tio A - On-site Inspection ~ - { a~~~ea.b_ ~Sanctions~~~;~Y~~a~r~~h~~,»~„ 1 -Withhold Recordation of Final Map CP -City Planner or designee B - Prior To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Cedifigte of Ocwpancy BO -Building Official or designee D - On Completion D -Separate Submittal (Repods/Studies/Pians) 4 -Slop Work Order PO -Police Captain or designee E - Operallng 5 -Retain Deposit or Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 - Cdatton - 7of7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW DRC2004-00822 SUBJECT: DEVELOPMENT OF 15SINGLE-FAMILY HOMES APPLICANT: KB HOME GREATER LOS ANGELES, INC. LOCATION: NORTHEAST CORNER OF CANDLEWOOD STREET AND ETIWANDA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Com letion D A. General Requirements 1 The appllcant 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 appllcant shall reimburse the City, Its agents, officers, or employees, for any Court costs and attorney's fees which the Clty, 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 Approval of Development Review DRC2004-00822 is granted subject to the approval of ~~_ Tentative Tract Map SUBTT16643, Conditional Use Permit DRC2004-00825, and Variance DRC2005-00186 3 Copies of the signed Planning Commission Resolution of Approval No OS-49, Standard _/~_ Conditions, and all environmental mitigations shall be Included on the plans (full size) The sheet(s) are for information only to all parties Involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect 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. SC-1-OS ' C~~ Fj ~----1'13 Protect No DRC2004-00822 Comoletion Date C. i 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 Department, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. 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 Bwlding Code and State Fue Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fue Protection District and the Bwlding and Safety Department to show compliance The buildings shall be inspected for compliance prior to occupancy 4 Revised site plans and bulding elevations incorporating all Conditions of Approval shall be submitted for Ctty 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 City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. Ii no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view 8 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 Cary Planner. For single-family residential developments, transformers shall be placed in underground vaults. 9 Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 10. All bulding numbers and individual units shall be identified in a clear and concise manner, including proper illumination 11 All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits 12 Six-foot decorative block walls shall be constructed along the protect perimeter If a double wall condition would result, the developer shall make a good faith effort to work with the adfoining property owners to provide a single wall Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 13 Construct block walls between homes (i a ,along interior side and rear property lines), rather than wood Penang for permanence, durability, and design consistency 14 Access gates to the rear yards shall be constructed from a material more durable than wood gates Acceptable materials include, but are not limited to, wrought iron and PVC 15 For residential development, return walls and corner side walls shall be decorative masonry sal-os ~ ~ F ~~~ ~~- ~~. ~~- ~~- ~~- ~~_ ~~- ~~- ~~_ ~~- ~~- _/_J- ~J- ~~- ~~- D. E. F. Protect N o DRC2004-00822 Comoleuon Date 16 On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk The ~~~ 5-toot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees Detailed landscape and irrigation plans shall be submitted for City Planner review and approval prior to issuance of building permits The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 17 Where rock cobble is used, it shall be real river rock Other stone veneers may be -J~- manufactured products Building Design All roof appurtenances, including air conditioners and other roof mounted equipment and/or 1 ~~_ . protections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in bulding plans For all residential development, provide conduit from each unit/lot and a pull box to connect to 2 ~~- . the street. Provide interior structured wiring for each house building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB) Plans shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits Parking and Vehicular Access (indicate details on building plans) 1. Multiple car garage driveways shall be tapered down to a standard two-car width at street. ~~ Landscaping A detailed landscape and irrigation plan, including slope planting and model home landscaping 1 ~~- . inthe case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of bwlding permits or prior final map approval in the case of a custom lot subdivision All private slopes of 5 feet or more in vertical height and of 5.1 or greater slope, but less than 2.1 2 ~~_ . slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion uired by this section shall include a permanent irrigation system to be re lantin Sl q g ope p control installed by the developer prior to occupancy 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater ~~- slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq. ft of slope area, 1-gallon or larger size shrub per each 100 sq. ft of slope area, and appropriate ground cover In addition, slope banks in excess of S feet in vertical height and 2 1 or greater slope shall also include one 5- gallon or larger size tree per each 250 sq ft of slope area Trees and shrubs shall be planted in ered clusters to soften and vary slope plane Slope planting required by this section shall sta gg include a permanent irrigation system to be installed by the developer prior to occupancy. For single-family residential development, all slope planting and irrigation shall be continuously 4 ~_/_ . maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. SC-1-05 C, ~~ ~~-/~~ Prgect No DRC2004-00822 Completion Date 5 Front yard and corner side yard landscaping and irrigation shall be required per the Development Code and Etiwanda Specific Plan This requirement shall be in addition to the required street trees and slope planting 6. The final design of the perimeter parkways, wails, landscaping, and sidewalks shall be included in the required landscape plans and shall be sublect to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 7. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department 8 New windrow planting of Eucalyptus Maculata (Spotted Gum) is required at a ratio of 50 linear feet per acre. The size, spacing, staking, and irrigation of these trees shall comply with the City's Tree Preservation Ordinance (RCMC 19.08.100) G. Environmental Mitigation measures are required for the protect The applicant is responsible for the cost of implementing said measures, includmg monitoring and reporting Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 474 prior to the issuance of bwlding permits, guaranteeing satisfactory pertormance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. H. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be sublect to City Planner review and approval prior to the issuance of budding permits APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) I. General Requirements 1 Submit five complete sets of plans including the following. a. Site/Plot Plan; b. Foundation Plan, c. Floor Plan; d Ceding 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 Plannmg Department Protect Number (i e , DRC2004-00822) clearly identified on the outside of all plans. _~~_ ~~- ~~- ~~ _1___J- ~-! ~~ SC-1-05 C1 ~/ ~ ~~~ Protect N o DRC2004-00822 Comolenon Date 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report ~_!~ Architect's/Engineer's stamp and "wet" signature are requred prior to plan check submittal. 3. Contractors must show proof of State and City licenses and W orkers' Compensation coverage -/~- to the City pnor to permit issuance 4. Separate permits are required for fencing and/or walls. ~-/- 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the ~-/- Building and Safety Department 6 Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can ~~- . contact the Building and Safety Department staff for information and submittal regwrements J. Site Development 1 Plans shall be submitted for plan check and approved pnor to construction All plans shall be ~~- . marked with the protect file number (i e , DRC2004-00822). The applicant shall complywtth the latest adopted California Codes, and all other applicable codes, ordinances, and regulations to effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2 Prior to issuance of bwlding permits for a new residential protect or motor addition, the applicant ~_1- shall pay development fees at the established rate Such fees may include, but are not limited to• City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit tssuance. 3 The Bwlding and Safety Official shall provide street addresses after tract map recordation and ~~- prior to tssuance of budding 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 K. New Structures 1 Prowde compliance with the California Building Code (CBC) for property line clearances ~~- considenng use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations ~~- 3 Roofing material shall be installed per the manufacturer's "high wind" instructions ~~- L. Gra ding 1 Grading of the subtect property shall be in accordance with California Bwlding Code, City ~~- Grading Standards, and accepted grading practices The final grading plan shall be m substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to _J-1- perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the -/-/- time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, and Safety Official prior to the issuance of bwlding the 8uildtn d b ~~~ g y submitted, and approve permits. SC-1-05 CJ ~ K~~? Protect No DRC2004-00822 Completion Date . 5 A separate grading plan check submittal is required for all new construction protects and for existing buildings where improvements being proposed well generate 50 cubic yards or more of combined cut and till The grading plan shall be prepared, stamped, and signed by a California registered Crvif Engineer APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Dedication and Vehicular Access N. 1 Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public faalities (cross-lot drainage, local feeder trails, etc) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-oi-way on the perimeter streets (measured from street centerline) 50 total feet on Etiwanda Avenue 40 total feet on Candlewood Street 30 total feet on Crawford Street 30 total feet on Internal Street 3 Corner property line cutoffs shall be dedicated per City Standards. Street Improvements All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these condittons of development approval have been completed and accepted by the City Council, except that in developments containing more than one building or unit, the development may have energyconnections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by condittons of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of alt improvements required by these conditions of approval of development A minimum of 26-foot wide pavement, within a 40-foot wide dedicated right-ot-way shall be constructed for all half-section streets 4 Construct the following perimeter street improvements including, but not limited to: Street Name Curb & Gutter AC. Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other Etiwanda Avenue X X X X X X Candlewood Street X X X X X Crawford Place X X X X X X Internal Street X X X X X X ~_~_ ~~- ~~_ _/~- ~~- ~~_ ~~- ~~- _/~_ ~~- ~~_ ~~- SC-1-05 6 G,G FG--->-'L8 Protect No DRC2004-00822 5. Improvement Plans and Constructlon 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 Clty Engineer Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the Ciry Attorney guaranteeing completion of the public and/or private street Improvements, prior to final map approval or the issuance of building permits, whichever occurs first b Prior to any work being performed in public right-of-way, fees shall be paid and a Constructlon 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 Constructlon 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 Crty 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 galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the Clty Engineer. 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 City 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 Street Trees, a minimum of 15-gallon size or larger, shall be installed per Clty Standards in accordance with the City's street tree program Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend ° Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans The City Engineer reserves the right to adtust tree species based upon field conditions and other variables For additional information, contact the Protect Engineer Street Name Botanical Name Common Name Min. Grow Spaee Spacing Slze Oty. Candlewood Street Pistacia chinesis Chinese Plstache 5' 30' O C 15 Gal i^I Crawlord Place Tnstamopsis launna NCN 3' 20' O C 15 Gal FIII In Etiwande Avenue Eucalyptus camablulenis Red Gum 8' 30' O C 15 Gal F^I Internal Street To be Determined at Plan Check Comoleoon Date _J~ • ~~_ ~~- ~~_ ~~_ -/~~ _J~- J~- /- _J~_ SC-1-OS ~ F ~ --~,Z ~_t~. Project No DRC2004-00822 Completion Date . Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicdies or nutrient dehciencies may regwre backfdl soil amendments, as determined by the City inspector 3) All street trees are subtect to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 8 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 gloried for all protect intersections, including driveways Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required O. Public Maintenance Areas 1 A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District. Candlewood Street rear of Lots 14 and 15 2 Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or other acceptable non-irrigated surfaces. 3 A signed consent and waiver form to loin andlor 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. 4 All required public landscaping and irrigation systems shall be continuously maintained by the developer unttl accepted by the City 5 Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Pian Etiwanda Avenue. P. Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of buldng permits, whichever occurs first All drainage facilities shall be installed as required by the City Engrneer. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adtacent areas. ~. 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 requirements of the Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW D is requred 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 subdiwsion or prior to the issuance of permits in the case of all other residential protects ~~- ~~- ~~- ~~_ ~~. ~~ ~~_ ~~- ~~_ ~~- --J ~- SC-1-05 ° Cft7tF ~'--L Protect No DRC2004-00822 Comolehon Date 4. Approvals have not been secured from all utilities and other interested agencies involved _/~~ Approval of the final parcel map will be subtect to any requirements that may be received from them. R. General Requirements and Approvals 1. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage _/~- Fees shall be paid prior to final map approval or prior to bwldmg permit issuance if no map is involved. 2 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all ~~_ new streetlights for the first six months of operation, prior to final map approval or prior to bwldmg permit issuance if no map is involved Prior to the issuance of bwldmg permits, a Diversion Deposit and related administrative fees 3 ~~_ . shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition protect. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: S. Security Hardware lass doors ll slidin n ll d t h ll b / l~ . g g e o a e ins a a 1 A secondary locking device s - _ 2 One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are ~~_ within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used 3 All garage or rolling doors shall have slide bolts or some type of secondary locking devices ~~_ T. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be ~~_ lifted from frame or track in any manner U. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime ~~_ visibtlity. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • SC-1-05 C, ~ c/ ` ~. ~ ~ RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS February 3, 2005 KB Homes 15 SFR SUBTT16643 & DRC2004-0825 DRC2004-00822 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design gudelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants insingle-family residential protects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 200-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. ii. At intersections. ni. On the right side of the street, whenever practical and possible. iv. As requved by the Fire Safety Division to meet operational needs of the Fire District. v. A minimum of forty-feet (40') from any building. FSC-2 Fire Flow 1. The required fire flow for this protect is 1750 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide the required fire flow subtect to Fire District review and approval. Prvate fire hydrants on adjacent property shall not be used to provide required fire flow. • 3. Firewater plans are required for all protects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. C~E~FC~~a- 4. On all site plans to be submitted for revew, show ail fire hydrants located within 600-feet of the proposed project site. FSC-9 Single-family Residential Sales Model homes require approved Fire District vehicle access and water supply from a public or pnvate water main system before construction. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal wdl revew all requests for alternate method, when submitted. The request must be submitted on the Fire Distnct `Application for Alternate Method° form along with supporting documents and payment of the $92 review fee. Chronological Summa Conditions RCFPI da PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the toliowing prior to the issuance of any building permits: Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard #9-8 2. All required public fire hydrants shall be installed, flushed and operable pnor to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the regwrements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Sernces. PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant • Markers°. On pnvate property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. C/~~i ~ 2. Publlc Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire ,, Construction Services. 3. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated dunng penods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. ~.J 3 C~ ~ F, ~,-~ ~P T H E C I T Y O F RANCaO CUCAMONGA Staff' Report DATE: July 13, 2005 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner gY: Lou LeBlanc, Assistant Planner SUBJECT: SUBTPM16899TACECIL R CARNEY - ANequesEto subdi Ede 3 35 gross ac es into 8 parcels in the General Industrial Distract (Subarea 2), located on the south . side of 9th Street, east of Lion Street -APN. 0209-013-48. Related file. Development Review DRC2004-00981. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00981 -CECIL R. CARNEY - A request to develop 8 Industrial buildings totaling 48,048 square feet on 3.35 gross acres of land In the General Industrial Distract (Subarea 2), located on the south side of 9th Street, east of Lion Street -APN: 0209-013-48. Related file: Tentative Parcel Map SUBTPM16899. Staff has prepared a Mitigated Negative Declaration of environmental Impacts for consideration. PROJECT AND SITE DESCRIPTION• A. Surroundlna Land Use and Zonina: North - Warehouse and Manufacturing, General Industrial (Subarea 2) South - Warehouse and Manufacturing; General Industrial (Subarea 2) East - Warehouse and Manufacturing, General Industrial (Subarea 2) West - Warehouse and Manufacturing, General Industrial (Subarea 2) B. General Plan Designations: Protect Slte -General Industrial North - Generallndustrial South - Generallndustrial East - Generallndustrial West - Generallndustrial Items D & I PLANNING COMMISSION STAFF REPORT SUBTPM16899 AND DRC2004-00981 - CECIL R. CARNEY JU~y 13, 2005 Page 2 C. Site Characteristics: The project is vacant land. No significant vegetation or trees exist on the project site. The property has no unique features. D. Parkino Calculations: Number of Number of Type of Square Parking Spaces Spaces Use Foota a Ratio Required Provided Office' 5,832 1/250 23 Warehouse' 42,216 1/1000 20 (Up to 20k) 1/2000 10 (20k to 40k) 1/4000 1 (After 40k) TOTAL ~ 78 "Square footage totals for entire project ANALYSIS: A. General: To meet the two pnmary bwlding materials regwrement, the applicant has designed the buildings with smooth concrete and sandblasted concrete Entryways to the buildings are covered. All elevations exhibit 360-degree architecture, with horizontal and vertical reveals and accent ebbing providing relief and visual interest to the wall plane. A wide vanety of accent colors that compliment the pnmary colors will be used throughout the project. The proposed project on the 3 35 acre site meets or exceeds all development standards of the General Industrial District (Subarea 2). All parcels meet or exceed the number of required parking stalls for each respective use In conjunction with the development proposal, the applicant has submitted a Tentative Parcel Map to divide the site into 8 parcels, one for each budding, ranging in size from 0.32 to 0 39 acres. All parcels will have ingress and egress to the public street through a shared pnvate driveway. B. Design Review Committee: The Design Review Committee reviewed the site, budding elevations, materials, and conceptual landscaping on May 31, 2005 (Exhibit G). The Committee (McPhail, Stewart, Coleman) recommended approval, subtect to staffs recommendation that 1) sandblasted concrete elements shall be added to all elevations for all buildings (1 through 8) A condition of approval incorporating the Committee's recommendations has been included in the draft Resolution of Approval. ~~ ~- 2 PLANNING COMMISSION STAFF REPORT SUBTPM16899 AND DRC2004-00981 -CECIL R. CARNEY July 13, 2005 Page 3 C. Technical Review Committee: The Technical Review Committee reviewed the project May 31, 2005, and recommended approval subject to the Standard Conditions outlined in the resolution of approval D Grading Review Committee• The Grading Committee reviewed the project on May 31, 2005, and recommended approval, subject to the following condition for Tentative Parcel Map 16899: "Revise the slope within the 5 foot landscaped area along the east, west and south property lines. Grade the area to drain away from the adjacent property." Environmental Assessment The applicant completed Part I of the Initial Study. City staff completed Part II and the Environmental Checklist. Staff concluded that the project could have significant adverse environmental impacts to short-term air and water quality during site preparation and construction activities. Short-term impacts to air and water quality would result from grading, equipment exhaust, erosion, and water runoff Mitigation measures will be required to reduce impacts to short-term air and water quality The mitigation measures wdl reduce these impacts to a less than significant level If the Commission concurs, then issuance of a Mitigation Negative Declaration would be m order . CORRESPONDENCE: This item was advertised as a public hearing m the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM16899 and Development Review DRC2004-00981 by the adoption of the attached Resolutions of Approval with Conditions and issuance of a Negative Declaration of environmental impacts Res u ubmitted, ~ ~~ ~/~~ ~~ //// Brad Buller City Planner BB:LLB\Is Attachments: Exhibit A -Vicinity Map Exhibit B -Site Plan Exhibit C -Grading Plan Exhibit D -Building Elevations Exhibit E -Floor Plans Exhibit F -Tentative Parcel Map SUBTPM16899 . Exhibit G -Landscape Plan Exhibit H -Design Review Committee Action Comments dated May 31, 2005 Exhibit I -Initial Study Parts I and II Draft Resolution of Approval for Tentative Parcel Map SUBTPM16899 or Development Review DRC2003-00981 f Draft Resolution of Approval T - ~i,Ly-~ ARROW HWY ARROW ROUTE w ~ Z ~ W w ~ w ~ Z Z w NINTH a a °~ N a a s STREET ~ o _ VD N O J Q S METROLINK FERON BLVD EIGHTH STREET CITY OF RANCHO Z ~ CUCAMONGA , FOURTH STREET FOURTH STREET ~'' ' CITY OF PROJEC T SITE ONTARIO ~ F~WAY ~ a ~ ~ w Z 0° U = S ~ Q H+ n VKK~ITY MAP NOT TO SCALE EXHIBIT A ~,z -~ L J .t YO 'YONONYO/10 ONONYtl TA ~~ 133N15 M1NIN ~i f{R y a %o is ~ 8f ?I `F 'IVIH1Sf7UN1 133H1S H1NIN f ~! ~ ,¢d' ~rr ~~ ~ tl ~ ~ sPi (' ! '~{E p i g la~ ~s ! E ~~ +~ ~ d 11 ~lds'~~i~$d is ~FIF [! ~'~~ ~I E~ i6S tI S~ g¢p~I~QfIE~Ie~F [e3 i~oi1018g4;9dylyylyy~33'~I~~ ~#~~~i71~~1 2 F9(9p1r~p •• 677)~~~p~(C~)S~t)•PE~e[75iglddf9o~e~~d~~~ iidd.)~~~I.ielbl.,9 e)1;!!d. ie`fl!). 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'ItlIH1Sf14Nl 133H1S H1NIN ~~~~ 0 z ~ a ~ ~~ 30 ;~ ~S ~• 0 _~ n m z F W o_ m 0 ~3 of ~P U [[~~ ~pgg iP ?~ m 5 2 O • . . aPa ~eJ OR ~e a m paD 7 m oP F99 ~8 P f ~' N N a@ Q e ~~ pi ! !4 ~ ~ ~ E ~ 9~ ~~ ~R3°~14° 41 i ~t 8 c ~~ P ~~ `~~1ya a ~ g ' ss 9 ~ @@gs~ll~! g~l~[a~s~ !~yytr 94lf41 is is is 4i ~1 !r 9~~80 9~4~EE~9~ ~f@ ~ 0~~~®~ p .... ........ ... t ~~ ~r m z 0 6 O °-~~ ~~e~~ ~I 0 F 2 CO U 0 m z F W O EXHIBIT D" r ra •roNONron~ oNaNra ~c~~E c ~ N ~ 133N15 H1NAI p Z ~~~~ 'ItlIH1Sf10Nl 133H1S H1NIN ~~~~5 i ~ e4 Q ~ v ~~ °: 0 h W • ~ z_ gE9 P W ~/ w wi .+ ~ w r- ~ p t 9 _ E~ ~ s ! m i 3 ? --- t o 1"J_ ~1` J f ~, 0 0 z 9 m '.• 8 b G L 7 C 3 3 i 3 L M ~v~ ~~~IT C' ~~ i ~ ,~ mr -+o ~`~.- _'-~:<"~.` .,.t ~ .. ~ ^F .p ~ „ncrrmT i~-_~ __~,~z .. _ ~.7v~'s'a1'Yi~ .`~ , TENTATIVE PARCEL MAP ENGINEER/REPRESENTATIVE: SUBDIVIDER/APPLICANT: ASSOCIATED EN(3NEER5, INC. MR CECR R CARNEY 12841 NEWPORT AVENUE 3311 E SHEU3Y STREET ONTARIQ CA 91764 TUSTIN, CA 92780-2711 PHONE;'(909) 980-1962 PHONE: (714) 665-8500 FA%: (909) 941-0891 ATTN. W91 HOFF PROPERTY OWNER: ASSESSOR'S PARCEL NUMBER: MR. cEa~ R CARNEY 208_013-48 12841 NEWPORT AVENUE TUSTIN, CA 9 2 7 80-2711 PHONE. (714) 665-9500 PARCEL C~ D, Z-~ EXHIBIT ~F W, ~ ~ F p STREET N9YI8'02'M ,334 151 O9 7 u e CORNER o[co, (iERI~ O + C 91N/WS OA p Ep ~ T EL 1 n 0.3 r$ M~fDgBLE s WASN~+. NO RFi NL1D FOR N Y8'O2 N 9f 'O2'W lu~'S6Y•P~ERRP16 63/71 1S1 1 7 ARCE 3 m ' P 4 .° $ 4 's C 2A m _ $W ~ ' Q PM 209-013-035 ' ' N '02 ~ ~ 48 02 1 Y 147 ~ ~ O. riQ PARCEL 8 ARCEL 5 m ~ 33 A 0 AC . . X N89'48'02'W N89'48'OYW 15202' 147 m ~ PAR 8 ~ Fd1ND , ~• o •i swl•v~FRw~iFe sin, PARCEL C~ Q 1689 .~ ~A ^ra f IL96Y0OU19NdY ~-:. ~ it~v ?,'. `:c./•~.. ~~'tf 4~ 1'~Y'_i:~rl! p~(j{ ~71IIlSfLL 9f11~~V I ~,rv a+r~sa~m aLYDO®Ywprp~Y0NA7 F pp • ~~ Y >' p~~ ~ ~ $~ ='~`~4, SS ~, t ~ ~ ~ ~ ~ ~I ~ ~ S ®®Q~ o© ®~ a ~ e ~~~ ~~ ~} ~i U w A• A3 ~ R qa ~~ ~~ ~ ~~ V 0 ~YIJIQIT c/'±~ DMZ-L~ DESIGN REVIEW COMMENTS 7:10 p.m. Louis Le Blanc May 31, 2005 ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16899 -CECIL CARNEY - A request to subdivide 2.4 gross acres of land into 8 parcels in the General Industrial District (Subarea 2), located on the south side of 9th Street, east of Lion Street-APN: 0209-013-48. Related File: Development Review DRC2004-00981. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00981 -CECIL CARNEY-A request to develop eight industrial buildings totaling 48,048 square feet on 2.74 gross acres of land in the General Industrial District (Subarea 2), located on the south side of 9th Street, east of Lion Street- APN: 0209-013-48. Related File: Tentative Parcel Map SUBTPM16899. Design Parameters: The project site is located on the south side of 9th Street, west of Hellman Avenue. The entryway of each building stands out, incorporating suspended covers over entryways, ' concrete tilt-up pop-outs, and spandrel glass. All elevations exhibit horizontal reveals and accent squares providing relief and visual interest to the wall plane. A wide variety of accent colors that complement the primary colors will be used in the reveals of the building. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project 1. The proposed elevations show smooth painted concrete as the only primary building material. Code requires that all building elevations have two primary building materials. Staff recommends adding a sand blasted concrete band as a second material to the base and top of the building. Secondary Issues: There an: no secondary issues. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion. 1. All roll-up doors shall be painted to match the building. 2. Undulating berms in the landscaped setback areas shall be provided to create visual interest and to screen parking areas. Staff Recommendation: Staff recommends that the Committee review the project, with all major issues resolved, and recommend review and approval by the Planning Commission. Deslan Review Committee Action: Members PresenC McPhail, Stewart, Coleman Staff Planner. Louis Le Blanc The Committee recommended approval of the revised plans presented by the applicant that incorporates sandblasting. EXHIBIT H p'~ ~~ ,; Crly of Rancho CucartwrWa Planning OMSIdI (809)477-2760 CITY OF RANCHO CUCAMONGA SEP 2 8 2004 (rl~ REGENED t ~PLANNIf~G il. ~~ ~o ~-ao ~~/ ENVIRONMENTAL INFORMATION FORM (Part 1 -Initial Study) Use the tab key to move Irom one Ilne to the next IIMJ Please note that rt rs the responslblllty o/the applicant to ensure that wdl not be evadable to per/orm work n=qulrod to provide missrng the appGcaGonfs mfonnabon. Appl~catlon Number for the pro/act to which this tbrrn pertains• DRC 2004-00264 Pro/ect Title NINTH STREET INDUSTRIAL Name & Address of project owner(s1• CECILR CARNEY ARCHITECTS INC 12841 NEWPORT AVE., TUSTIN, CA 9278-2711 NameBAddresso/developer or project sponsor SAME AS ABOVE Contact Person 8 Address: C R CARNEY ARCHITECTS, INC 12841 NEWPORT AVE. TUSTIN, CA 92780-2711 -CONTACT: CECILR CARNEY, ARCHITECT Name 6 Address of person preparing this form (d different from above) SAME AS ABOVE `.J Telephone Number. 714.665-9500 Page 1 of 9 ~/L 12 Created on 5242004 8 15 Ann ~vutQlT 1 '1) Provide a full scale (&1r2 x 11) copy o/the USGS Quadrant Sheet(s) which includes the pro/ect stte, and md~cate the site boundaries. 2) Provide a set o/color photographs that show ropresentative views into the site /rom the north, south, east and west wews into and /rom the site from the primary access points that serve the site, and repn;sentahve wews o/ significant /eatums from the site. Include a map showing location of each photograph 3) Pro/ecf Location (descnbe)• LOCATED IN THE CITY OF RANCHO CUCAMONGA, SOUTH WEST FROM CORNER OF HELLMAN AVE AND NINTH STREET 4) Assessors Parcel Numbers (attach addrbonal sheet i/necessary)• 0209-0138 • 'S) Gross Site Area (acJsq. R). z 74 AC/119,354 4 SF '6) Net Site Area (total site size minus area o/public streets & proposed 2 47 dedications). 7) Describe any proposed general plan amendment or zone change which would a//ect the pro/ect sde (attach additional sheet r/necessary) • NOT APPLICABLE 8) Include a descnpbon o/all pemfrts which will be necessary from the City of Rancho Cucamonga and other governmental agencies in onier to fully implement the pro/ed' BUILDING PERMIT 9) Describe the physical setting o/the site as it exists be/ore the pro/ect including information on topography, sod stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects Describe any existing structures on site (mcludmg age and condition) and the use o/the structures Attach photographs of significant /eatun:s described. In addition, cite all sources of information (~ a ,geological and/or hydrologic studies, biotic and archeological surveys, tra((c studies) THE SITE CONSISTS OF ONE LOT IT WILL BE SUB-DIVIDED INTO EIGHT PARCELS THE SITE IS CURRENTLY VACANT THE SITE TOPOGRAPHY IS A NATURAL 1 7% - 2% DOWNWARD SLOPE TO THE SOUTH THE SOILS REPORT DOES NOT INDICATE ANY UNSTABLE SOILS THERE ARE NO SIGNIFICANT SCENIC ASPECTS ASSOCIATED WITH THE SITE 04-150 EnvironmentallnfoFoim dac Page 2 of 9 ~~I-L3 Created on 5/24/2004 8 15 AM In/ormabon md~cated by an asterisk (') is not regmrnd of non-construcnon wr s umess uuieiwse reyuca.ce ~r ~.o.,. ENCLOSED IS GEOTECHNICAL INVESTIGATION REPORT 10) Descnbe the known cultural and/or htstoncal aspects of the sde Cde all sources of rnformat~on (books, published repoRs and oral hrstory)~ NOT APPLICABLE 11) Descnbe any noise sources and thetrlevels that now affect the sde (ain;ralt, roadway noise, etc) and how they will eNect proposed uses: NOT APPLICABLE - 12) Descnbe the proposed pro/ect m detail Thrs should prowde an adequate descnpt~on of the site m terms of ultimate use that will result /rom the proposed pro/ec[ Indicate d there are proposed phases for development the extent of development to occur with each phase, and the anbapated completion of each increment Attach addd~onal sheet(s) rf necessary THE PROJECT WILL CONTAIN EIGHT SINGLE-STORY BUILDINGS WITH PARTIAL MEZZANINE THE BUILDING USE IS OFFICE AND LIGHT INDUSTRIAL WAREHOUSE THERE WILL BE NO PHASING OF THE DEVELOPMENT 04-150 EnwronmentallnfoFonn doc Page 3 of 9 ~ ~' ~ created on ~rtnr~uw o io ..m • 13) Descnbe the surrounding properties, including intormahon on plants and animals and any cultural, histoncal, or scenic aspects Indicate the type of land use (residential, commercial, etc ), intensity of land use (one-family, apartment houses, shops, department stores, etc) and scale o/development (height, frontage, setback, rear yard, etc p SEE ENCLOSED PHOTOS NORTH FUTURE LIGHT INDUSTRIAL FACILITIES EAST EXISTING WAREHOUSE BUILDING SOUTH EXISTING INDUSTRIAL FACILITY WEST EXISTING INDUSTRIAL FACILITY NORTH• NINTH STREET 14) Will the proposed protect change the pattern, scale or character of the surrounding general area o/the proJed9 15) Indicate the type o/shortterm and long-term noise to be generated, mcludmg source and amount How will these noise levels affect ad/scent properbes and on-site uses What methods of soundproofing are proposed9 THERE WILL BE TYPICAL LIGHT INDUSTRIAL SITE NOISE THERE WILL BE TYPICAL INDUSTRIAL VEHICAL NOISE THIS SHOULD NOT HAVE ANY EFFECT ON THE ADJACENT PROPERTIES BECAUSE THEY ARE ALSO COMMERCIAL DEVELOPMENT '16) Indicate proposed removals and/or replacements o/mature orscenic trees NOT APPLICABLE 17) Indicate any bodies of water (including domestic water supplies) into which the site drains NOT APPLICABLE 04-150 EnwronmentallnioFonn doc Page 4 of 9 D~ ~ Created on 5242004 8 15 AM 18) Indicate expected amount of water usage (See Attachment A for usage estimates) For /urther clanfication, please contact the Cucamonga County Water Distnct at 987-2591 a Residential (gaUday) Peak use (gaUDay) 6 Commeraal/Ind (gal/day/ac) 3 000 00 Peak use (gaUmm/ac) 6 000 00 19) Indicate proposed method o/sewage disposal ^ Septic Tank ®Sewer. I/septic tanks are proposed, attach percolation tests 1/discharge to a sanitary sewage system is proposed indicate expected daily sewage generation (See Attachment A for usage estimates) For /urther clan cation, please contact the Cucamonga County WaterDistnct at 987-2591 a. Residential (gal/day) b. CommeroiaUlndustnal (gal/day/ac) 2.000 00 RESIDENTIAL PROJECTS: 20) Numbero/residential unds 0 Detached (md~cate range of parcel sizes, minimum tot size and maximum lot size NOT APPLICABLE Attached (md~cate whether units are rental or /or sale units) u NOT APPLICABLE 21) Anticipated range o/sale pnces and/or rents Sale Pnce(s) $0 00 to $0 00 Rent (permonth) $0 00 to $0 00 22) Specify number o/bedrooms by unit type. NOT APPLICABLE 23) Indicate anticipated household size by and type• NOT APPLICABLE 04.150 EnwronmentallnfoFortn doc Page 5 of 9 Created on 5/24/2004 8 15 AM dJz-c~ 24) Indicate the expected number o/school children who will be rending within the pro/ect Contact the appropnate • School Dtstncts as shown m Attachment B a Elementary: U b. Junior High: U c. Senior High 0 COMMERCIAL INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Descnbe type o/use(s) and maior /unction(s) of commeroral, mdustnal or inshtubonal uses NOT AVAILABLE AT THIS TIME 28) Total tloorarea of commeraal, mdustnal, or mshtut~onal uses by type' TOTAL OFFICE FLOOR AREA 6,000 SF TOTAL INDUSTRIAL FLOOR AREA 42,048 SF 27) Indicate hours of operabon• NOT AVAILABLE AT THIS TIME • 28) Number of employees Total Mawmum Shrft Time of Maximum Shin 29) Provide breakdown o/antiapated iob classtficabons, including wage and salary ranges, as well as an indication oI the rate o/hue for each class~ficatton (attach adddional sheet d necessary) NOT AVAILABLE AT THIS TIME 30) Eshmabon of the number of workers to be hired that currently reside m the 0 Cdy. '31) For commercial and mdustnal uses only, indicate the source, type and amount of air pollution emissions (Data should be venfied through the South Coast Air Quality Management Dtstnct, at (818) 572-6283) NOT KNOWN AT THIS TIME 04-150 En~ronmentallnfoForm doc Page 6 of 9 D ~ ~ ~1 Created on 5/242004 8 15 AM ,' ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the pro/ect been contacted to determine their abdrty to • p yowde adequate service to the proposed pro/ect? If so, please indicate their response. ENCLOSED IS WATER FLOW TEST REPORT FROM CUCAMONGA VALLEY WATER DISTRICT 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxk matenals? Examples of hazardous and/or toxic matenals include, buf are not limited to PCB's, redioact~ve substances; pesticides and herbicides, fuels, oils, solvents, and other flammable liquids and gases Also note underground storage o/any o/the above. Please list the matenals and descnbe their use, storage, and/or discharge on the property, as well as the dates o/use, rf known. 34) lMll the proposed pro/ect involve the temporary orlong-term use, stomge or discharge o/ hazarclous and/or toxic • matenals, including but not limited to those examples listed above? 1/yes, provide an inventory o/all such matenals fo be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the epplicabon plans NO I hereby certdy that the statements furnished above and in the attached exhibits present the data and in/ormabon required for adequate evaluation o/this pro/ect to the best olmy ability, that the (acts, statements, and informabon presented a2 true and correct tot he best o/my knowledge and belief 1 further understand that additional in/ormation may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga Date. ~ ~~ Signature Tdle 04-150 EnwronmentallnfoForm doc Page 7 of 9 © ~~ G Created on 5/24/2004 8 15 AM 1 Q ATTACHMENT A Water Usage Average use per day Residential Single Family ApUCondo Commercial/lnd ustrial General and Regional Commerclal Netghborhood Commerclal General Industrial Industrial Park Peak Usage For all uses Average use x 2 0 Sewer Flows Residential Single Famtty ApUCondos Commercial/Industrial General Commerclal Netghborhood Commerclal General Industrial Heavy Industrial Source Cucamonga County Water District Master Plan, 6/00 600 gallday 400 gal/day 3,000 gal/day/ac 1,500 gal/day/ac 2,500 gal/day/ac 3,000 gal/day/ac 270 gaVday 200 gal/day 2,000 gal/day/ac 1,000 gal/day/ac 1,500 gal/day/ac 3,000 gal/day/ac 04.150 EnvlronmentallnfoFonn doc Page 8 of 9 D~~ 1 Created on 5/242004 8 15 AM ATTACHMENT B Contact the school distract for your area for amount and payment of school fees Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909)987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etnvanda 5959 East Avenue P O Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909)988-8511 04-150 EnwronmentallntoForm doc Page 9 of 9 ~'{',~~ Created on 5/24/2004 8 15 AM .. { a ~ ~ ~ 1]Je~ ~ '~ Im II 91 C i 4 a a' B '.r ML BM o t M - E ROF "~fs' u ilalion :T1 ?. ~ ~ rum ~ .. .4 _ - _ ~ 1 /l~~~ ~~ - • ..'~ a I ~ L eNE ~ ~~ Well I '~ 1f mss `K Bch rK a ^~ ~ 14 .. ^ /06 Well° Oo• j :a a 0 .f w ~ a 'Water ~ O l Jtl O ~ 1 ^ - - City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND Project File: Tentative Parcel Map SUBTPM16899 and Development Review DRC2004-00981 2. Related Files: Preliminary Review DRC2004-00264 3. Description of Project: TENTATIVE PARCEL MAP SUBTPM16899 -CECIL CARNEY - A request to subdivide 3 35 gross acres of land into eight parcels in the General Industrial Distract (Subarea 2), located on the south side of 9th Street, east of Lion Street - APN• 0209-013-48 DEVELOPMENT REVIEW DRC2004-00981 -CECIL CARNEY - A request to develop eight industrial buildings totaling 48,048 square feet on 3 35 gross acres of land in the General Industnal Distract (Subarea 2), located on the south side of 9th Street, east of Lion Street - APN• 0209-013-48. , 4. Project Sponsor's Name and Address: Cecil Camey 12841 Newport Avenue Tustin, CA 92870-2711 5. General Plan Designation: General Industrial 6. Zoning: General Industrial (Subarea 2) 7. Surrounding Land Uses and Setting: To the north, south, and west are existing industnal uses; the property to the east is vacant 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Dnve Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Louis Le Blanc, Assistant Planner (909)477-2750 10. Other agencies whose approval is required: None GLOSSARY-The following abbreviations are used in this report: CVWD -Cucamonga Valley Water Distract EIR-Environmental Impact Report FEIR-Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NO^ -Nitrogen Oxides ROG -Reactive Organic Gases PM~o -Fine Particulate Matter RWOCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management Distract SW PPP -Storm Water Pollution Prevention Plan URBEMIS7G-Urban Emissions Mode17G D~.i~~' Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this protect, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Sigmficant Impact" as indicated by the checklist on the following pages ()Aesthetics ()Agricultural Resources (/) Air Quality ()Biological Resources (/) Cultural Resources (/) Geology & Sods ()Hazards & Waste Materials (/) Hydrology 8 Water Quality ()Land Use & Planning ()Mineral Resources (/) Noise ()Population 8 Housing ()Public Services ()Recreation () Transportation/Traffic () Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation (/) I find that the proposed protect COULD NOT have a significant effect on the environment A NEGATIVE DECLARATION will be prepared () I find that although the proposed protect could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the protect have been made by, or agreed to, by the protect proponent A MITIGATED NEGATIVE DECLARATION will be prepared. () I rind that the proposed protect MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required () I find that the proposed protect MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been ___adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed () I find that although the proposed protect could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately m an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation me ures that imposed upon the proposed protect, nothing further is required Date )I 2~ ~~ Prepared By Reviewed By ate ( Z ~ D,~ ~ Initial Study for D R C 2004-00981 /S U BT T 16899 EVALUATION OF ENVIRONMENTAL IMPACTS City of Rancho Cucamonga Page 3 1. AESTHETICS. Would the prolect a) Have a substantial affect a scenic vista? () () () (/) b) Substantially damage scenic resources, including, () () () (/) but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highwayl c) Substantially degrade the existing visual character () () () (/) or quality of the site and its surroundings? d) Create a new source of substantial light or glare, () () (/) ( ) which would adversely affect day or nighttime wews in the areal Comments: a) There are no significant vistas within or adjacent to the protect site The sde is not within a view corridor according to General Plan Exhibit III-15. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located on the south side of 9th Street, west of Hellman Avenue, and is characterized by existing industrial development to the north, south, east, and west. The visual quality of the area will not degrade as a result of this prolect Design review is regwred prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution. d) The prolect would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on Site Plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare Lighting will be selected and located to confine the area of illumination to within the prolect site The impact is not considered significant 2. AGRICULTURAL RESOURCES. Would the prolect a) Convert Prime Farmland, Unique Farmland, or () () () (/) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or () () () (/) a Williamson Act contract c) Involve other changes in the existing environment, () () () (/) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland or Farmland, of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committedrto development according to General Plan Table DJr~~ Initial Study for __DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 4 IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and then economic viability is doubtful, therefore, they are not intended to be retained as farmland m the General Plan Land Use Plan The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) There is no agriculturally zoned land within the City of Rancho Cucamonga There are no Williamson Act contracts within the City c) The site is located on the south side of 9th Street, west of Hellman Avenue, and is characterized by existing industrial development to the north, south, east, and west There are no agricultural uses located in the immediate proximity of the protect site. Therefore, no adverse impacts are antiapated. u 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the () () () (/) applicable air quality plan? b) Violate any air quality standard or contribute () (/) () ( ) substantially to an existing or protected air quality violation? c) Result in a cumulatively considerable net increase () () () (/) of any criteria pollutant for which the protect region is non-attainment under an applicable Federal or State ambient av quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant O (/) O ( ) concentrations? e) Create obtectionable odors affecting a substantial () () () (/) number of people? Comments• a) As noted in the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the atywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the protect site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area Construction is an on-going industry in the Rancho Cucamonga area Construction workers and egwpment work and operate at one development site until their tasks are complete They then transfer to a different site where the process begins again Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality D,Z2~ Initial Study for City of Rancho Cucamonga DRC2004-00981/SUBTT16899 Page 5 Management District (SCAQMD) on a protect-speafic basis Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Piamm~g Staff. 3) All paints and coatings shall meet or exceed performance standards noted In SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Sweep streets according to a schedule established by the City if silt is carried over to adtacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. Suspend grading operations during high winds (I.e., wind speeds exceeding 25 mph) m accordance with Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 8) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 98 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. '- ~~ L-~ Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 6 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5 6) Based upon the URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, Final Environmental Impact Report (Nox), Reactive Organic Gases (ROG), and Particulate Matter (PM~o) would exceed SCAQMD thresholds for significance, therefore, would ail be cumulatively significant if they cannot be mitigated on a protect basis to a level less-than-significant The General Plan FEIR identified the citywide increase m emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Counal In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon the URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, therefore, would all be cumulatively significant if they cannot be mitigated on a protect basis to a level less-than-sigmfia3nt. The following mitigation measures shall be implemented 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the atywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Counal c) As noted in the General Plan FEIR (Section 5 6) continued development would contribute to the pollutant levels m the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The protect proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities According to the SCAQMD, protects have the potential to create significant impacts rf they ~ Z ~~ Initial Study for D RC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 7 are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 According to the SCAQMD, protects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic av contaminants identified in SCAQMD Rule 1401. The prolect site' is located within 1/4 mile of a sensitive receptor Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above will reduce impact to less-than- significantlevels e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the pro/ect. a) Have a substantial adverse effect, either directly or () () () (`~) through habitat modifications, on any speaes identified as a candidate, sensitive, or special status speaes m local or regional plans, policies, or regulations, or ¢y the California Department of Fish and Game or U S Fish and Wildlife Service? b) Have a substantial adverse effect on riparian () () () (/) habitat or other sensitive natural community identified rn local or regional plans, polices, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally () () () (/) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means? - - - -- d) Interrere substantially with the movement of any () () () (/) native resident or migratory fish or wildlife speaes or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local polices or ordinances () () () (/) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict wdh the provisions of an adopted Habitat () () () (/) 'Conservation Plan, Natural Commundy conservation Plan, or other approved local, regional, or State habitat conservation plan Comments• a) The prolect site is located in an area developed with industrial uses The site has been previously disrupted during construction of infrastructure, surrounding developments, and annual discmg for weed abatement According to the General Plan Exhibit IV-3, and Section • 5 3 of the General Plan FEIR, the prolect site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered speaes of plants or animals because of the fact that the prolect is surrounded by urbanized land uses and is wnsistent wdh the General Pian Land Use Plan D r ~-g ,, u Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 8 b) The prolect site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the prolect will not have any impacts. c) No wetland habitat is present on-site As a result, prolect implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby, disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are no heritage trees on the prolect site, therefore, the proposed prolect is not m conflict with any local ordinance f) The prolect site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the pr%ect: a) Cause a substantial adverse change m the () () () (/) significance of a historical resource as defined in § 15064 5? b) Cause a substantial adverse change in the () (/) () () significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique () (/) () ( ) paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those () () () (/) interred outside of formal cemetenes7 Comments• a) The prolect site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2 24 (Historic Preservation) There will be no impact b) There are no known archaeological sites or resources recorded on the prolect site, however, the Rancho Cucamonga area is known to have been inhabded by Native Americans according to the General Plan FEIR (Section 5 11) Construction activity, particularly grading, sod excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the area's archaeological heritage. D,~a-`~ Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga • Page 9 Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5 11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of- influence, including the protect site, however, the area has a high sensitroity rating for paleontological resources The older alluvwm, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils The protect site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation . monitoring is appropriate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Submit a summary report to the City of Rancho Cucamonga. Transfer collected speamens with a copy of the report to the San Bernardino County Museum. d) The proposed protect is in an area that has already been disturbed by development The protect site has already been disrupted by construction of infrastructure, surrounding developments, and annual discing for weed abatement No known religious or sacred sites exist within the protect area No evidence is in place to suggest the protect site has been used for human burials The California Health and Safety Code (Section 7050 5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097 98 As adherence to State regulations is regwred for all development, no mitigation is regwred in the unlikely event human remains are discovered on-site No adverse impacts are antiapated pJ~ 30 i Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 10 6. GEOLOGY AND SOILS. Would the prolect a) Expose people or structures to potential substantial adverse effects, including the nsk of loss, injury, or death mvolvmg• i) Rupture of a known earthquake fault, as () () () (/) delineated on the most recent Algwst-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42 n) SVong seismic ground shaking? () () () ('~) w) Seismic-related ground failure, including () () () (/) liquefaction? iv) Landslides? O O O ('~) b) Result in substantial soil erosion or the loss of () (/) () ( ) topsoil? c) Be located on a geologic unit or'sod that is () () () (/) unstable, or that would become unstable as a result of the prolect, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive sod, as defined in Table () () () (/) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the () () () (/) use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater Comments: a) No known faults pass through the safe and it is not in an Earthquake Fault Zone, nor ~s it in the Rancho Cucamonga City Specal Study Zone along the Red Hill Fault, according to the General Plan Exhibd V-1, and Section 5 1 of the General Plan FEIR The Red Hill Fault, passes within 1 mile north of the site, and the Cucamonga Fault Zone lies approximately 6 miles north. These faults are both capable of producing Mw 6 0-7 0 earthquakes Also, the San Jaanto fault, capable of producing up to M„, 7 5 earthquakes is 10 miles northeastedy of the site and the San Andreas, capable of up to Mw 8 2 earthquakes, is 12 miles northeasterly of the site. Each of these faults can produce strong groundshaking. Adhering to the Uniform Bwiding Code will ensure that geologic impacts are less-than-significant The proposed prolect will require the excavation, stockpiling, and/or movement of on-site soils The Rancho Cucamonga area is subject to strong Santa Ana wind conddicns during September to April, which generates blowing sand and dust, and creates erosion problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this prolect under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels p~.~-~l Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 11 ~) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWoC6) daily to reduce PM~a emissions, in accordance with SCA~MD Rule 403 or re-planted with drought resistant landscaping as soon as possible, 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~a emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. 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 RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. c) The General Plan FEIR (Section 51) indicates that subsidence is generally assocated with large decreases or withdrawals of water from the aquifer The prolect would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic and or soil type according to General Plan FEIR Figure 5 1-2 Soil types on-site consist of Hanford Coarse Sandy Loam Soil association according to General Plan FEIR Exhibit 5 1-3 No adverse impacts are anticipated d) The malonty of Rancho Cucamonga, including the prolect site, is located on alluvial sod deposits These types of soils are not considered to be expansive Soil types on-site consist of Hanford Coarse Sandy Loam Soil assoaation according to General Plan Exhibd V-3 and General Plan FEIR Exhibit 5 1-3. No adverse impacts are anticipated. e) The prolect will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed 7. HAZARDS AND WASTE MATERIALS. Would the prolect () () () (/) a) Create a significant hazard to the public or the environment through_ihe routine transport, use,_or_ _ _ _ __ disposal of hazardous materials b) Create a sigmficant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and acadent conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Secticn 65962 5 and, as a result, would it create a significant hazard to the public or the enwronment~ e) For a prolect located within an airport land use plan () () () (/) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the prolect result in a safety hazard for people residing or working in the prolect areal [ J \/~ r~ Initial Study for DRC2004-00981 /S UBTT16899 City of Rancho Cucamonga Page 12 f) For a protect wdhm the vicinity of a private airstrip, would the protect result m a safety hazard for people residing or working in the protect areal ~) ~) ~) ~/) g) Impair implementation of or physically interfere with ~) ~) ~) ~/) an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ~) ~) ~) ~/) loss, intury or death involving wildland fires, including where wildlands are adtacent to urbanized areas or where residences are intermixed with wildlands? Comments' a) The protect will not involve the transport, use, or disposal of hazardous materials The City participates m a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other m the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant The proposed industrial buldings are to be constructed as speculative with no definitive users at this time However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools No adverse impacts are expected b) The proposed protect does not include the use of hazardous materials or volatile fuels The City participates m a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergences Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant The proposed industrial buldings are to be constructed as speculative with no definitive users at this time However, at the time of occupancy, the Planning Department will review each Busmess License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools No adverse impacts are anticpated c) There are no schools located within 1/4 mile of the protect site The protect site is located within 1/2 mile of the nearest existing or proposed school The proposed buildings are to be constructed as speculative with no definitive users at this time. However, at the time of occupancy, the Planning Department will review each Busmess License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools No impacts are anticipated d) The proposed protect is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The protect site is located approximately 3 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the Cdys westerly limds No impact is anticipated. Q, .~ -~ Initial Study for D R C 2004-00981 /S U BTT16899 City of Rancho Cucamonga Page 13 g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes polices and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster Because the protect is regwred to comply with all applicable City codes, including local fire ordinances, no adverse impacts are antiapated h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed protect site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would the a) Violate any water quality standards or waste discharge regwrements? b) Substantially deplete groundwater supplies or () () () (/) interfere substantially with groundwater recharge such that there would be a net defect in agwfer volume or a lowering of the local groundwater table level (e g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of () () () (/) the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of () () () (/) the site or area, including through the alteration of the course of a stream or aver, or substantially - ---increase the-rate-oramount of surface runoff m a manner, which would result in flooding on- or off- sde? e) Create or contribute runoff water which would () () () (/) exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff f) Otherwise substantially degrade water quality () () () (/) g) Place housing wdhin a 100-year flood hazard area () () () (/) as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation mapl h) Place within a 100-year flood hazard area () () () (/) structures that would impede or redirect flood flows? Q Expose people or structures to a significant risk of () () () (/) loss, intury or death involving flooding, including flooding as a result of the failure of a levee or damp ~) Inundation by seiche, tsunami, or mudflow~ () () () (/) Q, ~ "~`~ Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 14 Comments' a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD) The pro/ect is designed to connect to existing water and sewer systems The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment Prior to commencement of construction of a protect, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit The General permit regwres all dischargers to comply with the following during construction activities, including site clearance and grading Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation Perform inspections of all BMPs Waste discharges include discharges of storm water and construction protect discharges A construction pro/ect for new development or significant redevelopment regwres an NPDES permit. Construction protect proponents are required to prepare a Storm Water Pollution Prevention Plan (SWPPP) To comply with the NPDES, the construction contractor of the protect will be required to prepare an SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff The applicant has submitted a WQMP, prepared by Cecil Carney, September 28, 2004, that identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system BMPs include both structural and non-structural control methods Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system The following mitigation measures would be regwred to control additional storm water effluent Constructon Act~vdres. 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on- site to reduce pollutants during construction actrvrties entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control p ,~ -~5 Initial Study for City of Rancho Cucamonga DRC2004-00981/SUBTT16899 Page 15 on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize sod exposure to rainy penods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debrs or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be pertormed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Parking lot grading will be designed to direct on-site flows through a filtering system before discharging to the public system. 6) To reduce the amount of nuisance flows and the accompanying transport of sediment or waste, efficient irrigation design and methods will be employed. 7) As a deterrent against the dumping of waste and chemicals, appropriate storm drain signs will be painted on all drainage inlets. 8) Each parcel will have a constructed trash enclosure to reduce the dispersion of trash. 9) Runoff Is expected to leave the individual parcels storm drain inlets through media filters Inserted for the collection of debris, trash, sediment, and/or oils. Post- Construction Operatronah 10) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by Cecil Carney, September 28, 2004, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 11) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect wail not deplete groundwater supplies, nor will d interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation, however, would not affect the existing agwfer, estimated to be about 288 to 470 feet below the ground surface. As noted in the General Plan FEIR (Section 5 9), continued development citywide will increase water needs and is a significant impact, however, CVWD has plans to meet this increased need through the construction of future water facilities - p J ~--~~ Initial Study for City of Rancho Cucamonga DRC2004=00981lSUBTT16899 Page 16 c) The prclect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The prclect design includes landscaping of all non-hardscape areas to prevent erosion A Grading and Drainage Plan must be approved by the Bwlding Official and City Engineer prior to issuance of grading permits Therefore, the project will not result in substantial erosion or siltation on- or off-site The impact is not considered significant d) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flaws A Grading and'Dramage Plan must be approved by the Building Offiaal and City Engineer prior to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticpated. e) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site, however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The protect will not result in substantial additional sources of polluted runoff A Grading and Drainage Plan must be approved by the Budding Official and City Engineer prior to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts The site is for new development or significant redevelopment, therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution The following mitigation measures shall be implemented. 12) Pnor to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga m June 2004. 13) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Budding Official for coverage under the NPDES General Construction Permit g) No housing units are proposed with this protect No adverse impacts are expected h) The protect site is not located within a 100-year Flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event The system is substantially improved and provides an integrated approach for regional and local drainage flows This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined ~~ Z -~~J Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 17 channels, and underground storm drains as shown in General Plan Exhibit V-6. The protect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected , t) There are no oceans, lakes, or reservoirs near the protect site, therefore impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debns dams and levees north of the City, and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the protect. a) Physically divide an established community? () () () (`~) b) Conflict wdh any applicable land use plan, policy, or () () () (/) regulation of an agency with turisdiction over the protect (including, but not limited to, a general plan, speafic plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation () () () (/) plan or natural community conservation plan? Comments: a) The site is located on the south side of 9th Street, west of Hellman Avenue, and is characterized by existing industrial development to the north, south, east, and west. This protect will be of similar design and size to surrounding industrial development The protect will become a part of the larger community No adverse impacts are anticpated. b) The project site land use designation is General Industnal The proposed protect is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated c) The protect site is not located within any habitat conservation or natural community plan area According to the GeneraLPlan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals due to the fact that the protect is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 10. MINERAL RESOURCES. Would the pro/ect a) Result in the loss of availability of a known mineral () () () (/) resource that would be of value to the region and the residents of the State b) Result in the loss of availability of a locally () () () (/) important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the Cdy General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact. ~ ~~~g Initial Study for City of Rancho Cucamonga . DRC2004-00981/SUBTT16899 Page 18 b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site, therefore, there is no impact. 11. NOISE. Would the project result rn. a) Exposure of persons to or generation of noise () (/) () ( ) levels m excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () () (/) ground borne wbrabon or ground borne noise levels? c) A substantial permanent increase in ambient noise () () () (/) levels in the prolect vicinity above levels existing without the prolect? d) A substantial temporary or periodic increase in () (/) () ( ) ambient noise levels m the prolect wcinity above levels existing without the prolect? e) For a prolect located within an arport land use plan () () () (/) or, where such a plan has not been adopted, within 2 miles of a public airport or public use arport, would the prolect expose people residing or working m the prolect area to excessive noise levels9 f) For a prolect within the wcinity of a private airstrip, () () () (/) would the prolect expose people residing or working m the prolect area to excessive noise levels? Comments• a) The prolect site is not within an area of noise levels exceeding City standards according to General Plan Exhibd V-13 at build-out No adverse impact expected b) The proposed industrial buildings are to be constructed as speculative with no definitive users at this bme "The City's Development Code requires that all industrial uses be conducted within an enclosed building, hence, no adverse operational impact to nearby commercial uses is expected However, at the time of occupancy, the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools As such, no impacts are anticipated c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed activities will not significantly increase traffic, hence, are not anticipated to increase the ambient noise levels within the vicinity of the prolect. d) The General Plan FEIR (Section 5 7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, wdl generate noise exceeding City standards The following measures are provided to mitigate the short-term noise impacts • 1) Construction or grading shall not take place between the hours of 8.00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Constructlon or grading noise levels shall not exceed the standards specified in Development Code Section 17'.0\2.120-D, asgmeasured at the property Ime. The \r~-~ Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga . Page 19 developer shall hire a consultant to perform weekly noise level monitoring as speufied in Development Code Section 17 02.120. Monitoring at other times may be required by the Planning Division. Said consultant shall report their findings to the Planning Division within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment, however, the mitigation measures do not address the potential impacts due to the transport of construction materials and debns The following mitigation measures shall then be requued. 4) Haul truck deliveries shall not take place between the hours of 8.00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily taps (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan and is not within 2 miles of a public • airport The prolect is located approximately 3 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits No impact is anticipated 12. POPULATION AND HOUSING. Would the pro/ect a) Induce substantial population growth in an area, () () () (/) either directly (for example, by proposing new _____ homes and businesses) or indirectly-(for-example,- -- - -- - - - - - - - through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, () () () (/) necessitating the construction of replacement housing elsewhere? Comments• a) The prolect is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. Once constructed, the proposed prolect will have a limited number of employees, hence, it will not create a demand for additional housing as a malonty of the employees will likely be hired from within the City or surrounding communities No impacts . are anticpated b) The prolect sde contains no existing housing units No adverse impact expected c) The prolect site is vacant land No impacts are anticipated D, .~-cab i Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 20 13. PUBLIC SERVICES. Would the pro/ect result in substantial adverse physical impacts assoaated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental faal~ties, the construction o(which could cause significant environmental rmpacts, in order to maintain acceptable service ratios, response times or other performance ob/ectives for any o/the public serv~ces~ () () () (/) a) Fire protection? b) Police protection? () () () (~) c) Schools? () () () (~) d) Parks? () () () (`~) e) Other public facilities? () () () (~) Comments• a) The site, located on the south side of 9th Street, west of Hellman Avenue, would be served by a fire station located approximately 1 1/2 mites from the protect site The protect will not require the construction of any new faulities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the protect so no impacts to fire services will occur No impacts are anticipated b) Additional police protection is not required as the addition of the protect will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the protect site is within an area that is regularly patrolled c) The site is in a developed area currently served by the Cucamonga School Distnct and the Chaffey Joint Union High School District The protect will be required to pay School Fees as prescribed by State law prior to the issuance of bwlding permits. No impacts are anticpated d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is located 1/4 mile north of the protect site The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new faalities A standard condition of approval will require the developer to pay Park Development Fees No impacts are anticipated • e) The proposed protect will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The protect wdl not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulatwe development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the protected increase in library space under the General Plan will not meet the protected demand The General Plan FEIR identified the cumutatwe impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Counal. The proposed protect is consistent with the General Plan for which the EIR was prepared and impacts evaluated Since the adoption of the General Plan, the City has planned a new library within the Victona Gardens regional shopping center of approximately 22,000 square feet, which is an excess of the protected need of 15,500 square feet at build-out of the Crty. ~~~J/ I Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 21 14. RECREATION. Would the pro/ect: a) Increase the use of existing neighborhood and () () () (/) regional parks or other recreational faalities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the protect include recreational facdibes or O O O (/) requve the construction or expansion of recreational faalities, which might have an adverse physical effect on the environment? Comments' a) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is located 1/4 mile north of the protect site This protect is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities A standard condition of approval will regwre the developer to pay Park Development Fees No impacts are antiapated b) See a)response above. 15. TRANSPORTATIONfrRAFFIC. Would the project a) Cause an increase in traffic, which is substantial in () () () (/) relation to the existing traffic load and capacity of the street system (i e , result in a substantial increase in either the number of vehicle trips, the volume to capacty ratio on roads, or congestion at intersections)? b) Exceed, either md~wdually or cumulatively, a level () () () (/) of service standard established by the county congestion management agency for designated " - roads or highways? c) Result in a change in air traffic patterns, including () () () (/) either an increase in traffic levels or a change in location that results m substantial safety nsks~ d) Substantially increase hazards due to a design () () () (/) feature (e g , sharp curves or dangerous intersections) or incompatible uses (e g., faun equipment)? e) Result in inadequate emergency access? () () () (/) f) Result in inadequate parking capacdy7 O O O (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e g , bus turnouts, bicycle racks)? i Comments• a) Implementation of the proposed protect will generate 50 vehicle trips daily. The proposed protect includes the development of eight industnal buildings totaling 48,048 square feet The Rancho Cucamonga Traffic Model estimates that each thousand square feet will generate 1 04 taps daily As notdd in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The protect is in an area that is mostly developed wdh street improvements existing or included in protect design. The protect will not create a substantial increase in the D ~~--~~ Initial Study for DRC2004-00981 /SUBTT16899 City of Rancho Cucamonga Page 22 number of vehicle trips, traffic volume or congestion at intersections. The project site will be requued to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards In addition, the City has established a Transportation Development Fee that must be paid by the applicant prior to issuance of bwlding permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The prolect will generate 50 two-way peak hour trips, which is less than 250 two-way peak hour taps for non-retail, therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis. The Rancho Cucamonga Traffic Model estimates that each thousand square feet will generate 1.04 two- way peak hour Vips daily The prolect is in an area that is mostly developed with all street improvements existing. The prolect will not negatively impact the level of service standards on adjacent arterials. The prolect will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site No impacts are anticipated. c) Located approximately 3 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed The prolect will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site The prolect design does not include any sharp curves or dangerous intersections or farming uses The prolect will, therefore, not create a substantial increase in hazards due to a design feature. No impacts are anticipated e) The prolect wtll be designed to provide access for all emergency vehicles and wtll, therefore, not create an inadequate emergency access No impacts are anticipated f) The prolect design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity. No impacts are antiapated g) The prolect design includes, or the prolect will be conditioned to provide, features supporting transportation and vehicle trip reduction (e g ,bus bays, bicycle racks, carpool parking, etc ) 16. UTILITIES AND SERVICE SYSTEMS. Would the probed: O O O (/) a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water () () () (/) or wastewater treatment faalities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Requre or result in the construction of new storm () () () (/) water drainage facilities or expansion of existing facilities, the construction of which could cause sigmficant environmental effects ? d) Have suffiaent water supplies available to serve () () () (/) the prolect from existing entitlements and resources, or are new or expanded entitlements needed? ~y~~ ~ Initial Study for J City of Rancho Cucamonga DRC2004-00981/SUBTT16899 Page 23 e) Result m a determination by the wastewater () () () (/) treatment provider, which serves or may serve the protect, that it has adequate capaaty to serve the protect's protected demand in addition to the prowde?s existing commdments7 f) Be served by a landfill with sufficient permitted () () () (/) capacity to accommodate the protect's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste? Comments: a) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The protect is regwred to meet the regwrements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within the City of Ontario, neither of which are at capacity. The protect is regwred to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated c) All runoff will be conveyed to existing storm drain faalities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Offiaal and City Engineer poor to issuance of grading permits The impact is not considered sigmfiaant d) The protect is served by the CVW D water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this protect No impacts are anticipated. e) The proposed protect is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within the City of Ontario, neither of which are at capaaty No impacts are antiapated f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with suffiaent capaaty to handle the City's solid waste disposal needs. g) This protect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are antiapated p/ ~-~~f Initial Study for DRC2004-00981 /S UBTT16899 City of Rancho Cucamonga Page 24 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () () () (/) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the motor periods of California history or prehistory? b) 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 prolects)~ c) Does the project have environmental effects that () () () (/) wtll cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitroe biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3 Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare speaes would inhabit the site b) If the proposed protect were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build- out inthe City and Sphere of Influence The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, 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 a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is regwred c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact Proposed mitigation measures would further reduce emission levels Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed The Initial Study identified potentially significant impacts assoaated with the exposure of people to increased noise levels Mitigation measures contained in this Initial Study wtll ensure impacts are at less-than-significant levels ~~~ A~ Initial Study for DRC2004-00981 /SUBTT16899 EARLIER ANALYSES City of Rancho Cucamonga Page 25 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 in 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 in 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). (X) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (X) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (X) Industrial Area Speafic Plan EIR (Certified September 19, 1981) ~! ~- 7S~ Initial Study for DRC2004-00981 & SUBTPM16899 APPLICANT CERTIFICATION City of Rancho Cucamonga Page 26 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 the proposed mitigation measures Further, I have revised the pro/ect plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur i Applicant's Signature• /~• Date• ~ ~ ~ Pnnt Name and Title V 1 I fl1 D~ -G~ Rev 10/26/04 The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Tentative Parcel Map SUBTPM16899 and Development Review DRC2004-00981 Public Review Period Closes: July 13, 2005 Project Name: Project Location (also see attached map): Located on the south side of 9th Street, east of Lion Street - APN. 0209-013-48. Project Description: A request to subdivide 3 35 gross acres of land into eight parcels for the purpose of devetopmg 8 industnal bwldings totaling 48,048 square feet in the General Industrial District (Subarea 2). 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 protect may have a significant effect on the environment and is proposing this Negative Declaration based upon the following fmdmg: ^ The Initial Study shows that there is no substantial evidence that the protect may have a significant effect on the environment ® The Initial Study identified potentially significant effects but (1) Revisions m the protect plans or proposals made or agreed to by the applicant before this proposed Negatwe Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the protect as revised may have a significant effect on the environment If 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 protect file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. City of Rancho Cucamonga NEGATIVE DECLARATION Project Applicant: CeGI R CameyArchiteds, Inc NOTICE The publicis invited to comment on the proposed Negative Declaration during the review period. July 13. 2005 Date of Determination Adopted By Dt.~-~g . - RESOLUTION NO. 05-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16899, A SUBDIVISION OF 8 PARCELS ON 3 35 GROSS ACRES OF LAND !N THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 2), LOCATED ON THE SOUTH SIDE OF 9TH STREET, EAST OF LION 6TREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN• 0 209 013-08. A. Recitals. 1. Cedl R. Gainey filed an application for the approval of Tentative Parcel Map SUBTPM16899, as desuibed in the title of this Resolution. Hereinafter m this Resolution, the subject Tentative Parcel Map request is referred to as "the application " 2. On the 13th day of July 2005, the Planning Commission of the Cdy of Rancho Cucamonga held a duy noticed public heanng to consider the application and conducted said heanng on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe Planning Commission . of the City of Rancho Cucamonga as follows 1. This Commission hereby specifically finds that all of the fads set forth in the Rectals, Part A, of this Resolution are true and correct 2. Based upon the substantial evidence presented to this Commission dunng the above- referenced public hearing on July 13, 2005, inducting wntten and oral staff reports together moth public testimony, this Commission hereby specifically finds as follows. a. The application applies to vacant properties totaling 3.35 acres, and b The property to the north of the subject site is developed moth a warehouse and manufacturing building and is zoned General Industnal; The property to the south of the subject site is developed with a warehouse and manufacturing bwldmg and is zoned General Industrial, The property to the west of the subject site is developed with a warehouse and manufacturing bwldmg and is zoned General Industnal; The property to the east of the subject site is developed with a warehouse and manufactunng building and is zoned General Industrial, and c The application proposes the subdivision of a 3 35 acre site into 8 parcels ranging in size from .32 acres to .39 acres, and d. The application, m conlunct~on with Development Review DRC2004-00981, proposes the development of 8 buildings totaling 47,810 square feet; and e. The subdivision, together with the recommended conditions of approval, complies . moth all development standards for the City of Rancho Cucamonga. P, ~- ~`~ PLANNING COMMISSION RESOLUTION NO 05-52 • SUBTPM16899 - CECIL CARNEY Juy 13, 2005 Page 2 3. Based upon the substantial evidence presented to this Commission dunng the above- referenced meeting on July 13, 2005, including wntten and oral staff reports, this Commission hereby speGfically finds and conGudes as follows. a. That the Tentative Parcel Map is consistent with the objectives of the General Plan and Development Code; and b. That design or improvements of the Tentative Tracl Map is consistent with the General Plan, Development Code, and any specific plans; and c. The site is physicaly suitable for the type of development proposed; and d The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat, and e. The Tentative Parcel Map is not likely to cause senous public health problems, and f. The design of the Tentative Parcel Map will not conflict wilh any easement acquired by the public at large, now of record, for access through or use of property within the proposed subdivision. 4. Based upon the facts and mfomtation contained m the proposed Mitigated Negative . Declaration, togetherHnth 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 project will 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 with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent tudgment of the Planning Commission; and, further, this Commission has reviewed and considered the mforrnation 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 project, which are listed below as Conditions of Approval. c. Pursuant to the provisions of Section 753 5(c) of Title 14 of the Califomia 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 project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habkat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the mfonnation provided to the Planning • adverse effect as settforth m Section 753' 5(o-1-d) of T tie 14 of the CalifomuasCode of Regula'tionsf p,~ -sv PLANNING COMMISSION RESOLUTION NO 05-52 SUBTPM16899 - CECIL CARNEY • July 13, 2005 Page 3 5. Based upon the findings and conclusions set forth m paragraphs 1 and 2 above, this Commission hereby approves the application subject to each and every conddion setforth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Enameerin a Deaartment 1) The Water Quality Management Plan (VNQMP) dated February 2005 regw res the following corrections a) Project Categones -This project is a #3 and #8 Category Protect. b) Section 1 2 -Complete list of Permit Numbers. c) Section 1.3 - Be speufic on Land-use type. d) Section 2.1 - #3 The project will dram to Cucamonga Creek and ultimately the Santa Ana River, Reach 3 One potential pollutant from this project, for which the recewing waters is impaired, is bactena/virvs. e) Section 2 1 - #4 BactenaMrus is a potential pollutant from the • protect site. Responses m #4 and #5 are conflicting. f) Section 2 3 -Complete this section g) Section 3 1.2 -The "Urban curb/swale system" is marked as being implemented Locate the urban curb/swale system on the gradrng plan h) Section 3.2 -Provide implementation descnption i) Section 3.3 -Locate Biofitters and Water Quality Inlets on Grading Plan. (See the CASQA Stormwater Best Management Practice k to confirm that a Water Quality Inlet is being db H P oo an (BM ) installed ) j) Section 3 4 -Provide specifications for Treatment Control BMPs proposed for the project. k) Section 3 4 -Provide Media Filter specifications Note. Flo-Gard Fossil Filters are not Media Filters per the California Stomtwater BMP Handbook I) Section 3.4.1 -Complete this section m) Section 3.4.2 -Complete this section n) Section 6 -Complete City's Certification form for compliance with this section ~,l ~51 PLANNING COMMISSION RESOLUTION NO 05-52 SUBTPM16899 - CELL CARNEY • July 13, 2005 Page 4 2) Install public improvements on 9th St. per City standards, to the satisfaction of the City Engineer. a) Drive approach shall conform to City Standard Drawing No. 101, Type C. b) The new catch basin on 9th St shall be designed to contain Q~oo within the nghts-of-way, contain Ozs within the tops of curbs, and Quo shall provide a 10-foot dry lane c) Sidewalk shall be property-line-adjacent. d) Street trees shall be in accordance vnth the attached Street Tree Requirement Fonn. e) Protect existing R 26 "No Parking" signs or replace as required f) Revise traffic signing and stnping as required. g) Revise existing City Mylar street improvement Plan No. 1061 as required by the Gty Engineer • 3) Public improvement plans shall be 90 percent complete pnor to the issuance of grading permits. Public improvement plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds executed by the developer, prior to building pennNissuance 4) Conduit for a future fiber optic cable link shall be installed on 9th St., to the satisfaction of the City Engineer. 5) Parkways shall slope at 2 percent from the nght-of-way to the top of along the street frontage. 6) Sumps in the pnvate storm dram system shall be designed for t1~oo and the pond depth can be no greater than 12 inches in automobile parlung areas (18 inches in truck parking areas) n Manholes shall be provided at each function between public and pnvate stone drain systems. Provide an easement for the public storm dram across private property. 8) The existing 50 foot wide storm dram easement along the west property line shall be vacated. 9) Curbs, walls, and slopes within the storm drain easement shall be designed to not place concentrated loads on the stone dram. 10) Maintenance of BMPs identified in the WQMP shall be addressed m the project CCBRs. p, -G ~a' PLANNING COMMISSION RESOLUTION NO 05-52 SUBTPM16899 - CECIL CARNEY July 13, 2005 Page 5 11) An in-lieu fee as contribution to the future undergroundmg of the existing overhead utilities (telecommunications and electrical) on the opposite side of 9th Street shall be paid to the City prior to the issuance of building permits. The fee shall be one-half the Gty adopted unft amount times the length of the protect frontage 12) All driveway gates to be a minimum 80 feet from curb face. Building and Safetv 1) Revise the slope within the 5-foot landscaped area along the East, West and South property lines. Grade the area to drain awayfrom the adjacent property. Environmental Mitigation Air Quality 1) All construction egwpment shall be mamtamed m good operating condition so as to reduce operational emissions The contractor shall ensure that all construction egwpment is being properly serviced and mamtamed as per manufacturers' speafications. Maintenance records shall be available at the construction site for City verification 2) Pnorto the issuance of any grading permits, the developer shall submR construction plans to the City denoting the proposed schedule and protected equipment use. Construction contractors shall provide evidence that low-emission mobile construction egwpment vhll be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff 3) All paints and coatings shall meet or exceed performance standards noted m SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted m SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions. Reestablish ground cover on the construction site through seeding and watering Pave or apply gravel to any on-site haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time Q Is s~ PLANNING COMMISSION RESOLUTION NO 05-52 SUBTPM16899 - CECIL CARNEY Juy 13, 2005 Page 6 Schedule activities to minimize the amounts of exposed excavated soil dunng and after the end of work penods. Dispose of surplus excavated matenal in accordance vnth local ordinances and use sound engineenng practices. Sweep streets according to a schedule established by the City ff silt is tamed over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. Suspend grading operations dunng high winds (r.e ,wind speeds exceeding 25 mph) m accordance with Rule 403 requirements Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other swtable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, rn accordance with SCAQMD Rule 403. 17 Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions 8) The construction contractor shall utilize electnc or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction grading plans inGude a statement that work crews will shut off equipment when not in use. 10) All industrial and commercial facilities shall post signs regwnng that trucks shall not be left idimg for prolonged penods p.e , m excess of 10 minutes). 11) All industrial and commercial faalities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be requred to post both bus and Metrolink schedules m conspicuous areas. 13) All industnal and commercal site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high-efficiency/low polluting heating, arr conditioning, appliance, and water heaters. p~~ 5~ PLANNING COMMISSION RESOLUTION NO 05-52 SUBTPM16899 - CECIL CARNEY Juy 13, 2005 Page 7 15) All residential and commeraal structures shall be required to incorporate thermal pane windows and weather-stripping Cultural Resources 1) If any prehistoric archaeological resources are encountered before or dunng grading, the developer vnll retain a qualified archaeologist to monitor construction activities, to take appropnate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga vwll: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to regwre incorporation of archaeologicel sties within new developments, using theirspeaal qualities as a theme or foa31 point Pursue educating the public about the area's archaeologia3l heritage. Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistonc resources, follo~nnng appropnate CEQA gwdehnes Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide speafic recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate Where mitigation monitonng is appropnate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, framed and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediatey divert construction and notify the monitor of the find D1~ "~_ PLANNING COMMISSION RESOLUTION NO 05-52 SUBTPM16899 - CECIL CARNEY July 13, 2005 Page 8 Submit summary report to City of Rancho Cucamonga. Transfer collected speamens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other sod-stabilizing agent (approved by SCAOMD and RWOCB) daily to reduce PM~o emissions, in accordance with SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~o emissions assoGated wrath vehicle tracking of sod off-site Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~o emissions from the site dunng such episodes 4) Chemical soil-stabilizers (approved by SCAOMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions Hydrology and Water Quality 1) Pnor to issuance of grading permits, the permit applicant shall submflto Building Official for approval, Stone Water Pollution Prevention Plan (SWPPP) speGfically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants dunng construction activities entenng the storm dram system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are indicted through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy penods expenenced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) Dunng construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) Dunng construction, to remove pollutants, street cleaning will be performed pnor to storm events and after the use of water trucks to Qr-(, ~~D PLANNING COMMISSION RESOLUTION NO. 05-52 SUBTPM16899 - CECIL CARNEY July 13, 2005 Page 9 control dust in order to prevent discharge of debns or sediment from the site. 5) Parivng lot grading will be designed to direct on-site flows through a filtering system before discharging to the public system. 6) To reduce the amount of nwsance flows and the accompanying transport of sediment or waste, efficient imgation design and methods will be employed. 17 As a deterrent against the dumping of waste and chemicals, appropriate stone drain signs will be painted on all drainage inlets. 8) Each parcel well have a constructed trash enclosure to reduce the dispersion of trash. 9) Runoff is expected to leave the individual parcels storm dram inlets through media filters inserted for the collection of debris, trash, sediment, and/or oils 10) The developer shall implement the BMPs identified m the Water Quality Management Plan (WQMP) prepared by Cecil Camey, September 28, 2004, to reduce pollutants after construction entenng the storm drain system to the maxmum extent practical. 11) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitonng provisions for a minimum of two years, shall be submitted to the City for review and approval pnor to the issuance of grading permits. 12) Pnor to issuance of budding permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a protect descnption and identifying BMPs that v~nll be used on-site to reduce pollutants into the storm dram system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Gmdelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 13) Pnor to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storrs Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i e , a copy of the Waste Dischargers Identification Number) shall be submitted to the City Budding Official for coverage under the NPDES General Construction Permit >~J~~ PLANNING COMMISSION RESOLUTION NO. OS-52 SUBTPM16899 - CECIL CARNEY July 13, 2005 Page 10 Noise 1) Construction or grading shall not take place between the hours of 8:00 p m. and 6:30 a.m on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified m Development Code Section 17 02 120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitonng as specified m Development Code Section 17.02.120. Monitonng at other times may be required by the Planning Division. Said consultant shall report their findings to the Planning Division vmthm 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced m intensity to a level of compliance with above noise standards or halted 3) The perimeter block wall shall be constructed as easy as possible in first phase. 4) Haul truck delivenes shall not take place between the hours of 8 00 p m. and 6.30 a.m on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily tnps (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13THDAY OF JULY 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman ATTEST• Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duty and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-~nnt: D,L~~ PLANNING COMMISSION RESOLUTION NO. 05-52 SUBTPM16899 -CECIL CARNEY • July 13, 2005 Page 11 AYES: COMMISSIONERS: NOES: COMMISSIONERS; ABSENT: COMMISSIONERS: u j ~~~~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Parcel Map SUBTPM16899 and Development Review DRC2004-00981 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project 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 will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to prowde focused, yet flexible guidelines As monitonng 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 project 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 will 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 will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitonng Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation vnll be kept in the protect file with the department having the original authority for processing the project Reports will be available from the City upon request at the following address: City of Rancho Cucamonga -Lead Agency Planning Department 10500 Civic Center Dnve Rancho Cucamonga, CA 91730 ~1~^~~ MITIGATION MONITORING PROGRAM SUBTPM16899 AND DRC2004-00981 Page 2 3 Appropnate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropnate wntten approvals to the protect planner 4 The project planner or responsible City department will 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 required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitonng will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Fonn. 6 Unanticipated circumstances may anse requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form wdl be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The project planner or responsible City department has the authonty to stop the work of construction contractors if compliance with any aspects of the MMP is not occumng 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 monitonng after prolect completion shall be the responsibilityof the City of Rancho Cucamonga Planning Diwsion. The Diwsion shall regwre the applicant to post any necessary-funds (or other forms 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 required penod of time 9 In those instances requinng long-term protect monitoring, the applicant shall provide the City with a plan for monitonng the mitigation activties at the protect site and reporting the monitonng 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 monitonng/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner pnor to the issuance of budding permits. • ~~~ (ol MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: SUBTPM16899 AND DRC2004-00981 Applicant: CECIL CARNEY Initial Study Prepared by: THOMAS GRAHN Date: NOVEMBER 24.2005 •. . , '' zs All construction equpment shall be maintained in good CP C Review of plans AIC 2/4 operating condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' speaficetions Maintenance records shall be available at the construction site for City venficetion Prior to the issuance of any grading permits, developer CP/BO C Review of plans C 2 shall submit construction plans to City denoting the proposed schedule and protected egwpment use Construction contractors shall provide evidence that low emission mobile construction egwpment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as Cary Planning Staff All paints and coatings shall meet or exceed CP C Rewew of plans AIC 2/4 performance standards noted in SCAQMD Rule 1113 Paints and coatings shalt be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Rewew of plans AIC 2 noted in SCAQMD Rule 1108 All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering • Pave or apply gravel to any on-site haul roads BO C Rewew of plans AIC 2/4 • 1 of~ . i • i ., .. • Phase grading to prevent the susceptibility of large BO C Rewew of plans AIC Z4 areas to erosion over extended periods of time • Schedule activities to minimize the amounts of BO C Review of plans A/C Z4 exposed excavated soil during and after the end of work periods • Dispose of surplus excavated material in BO C Review of plans A 4 accordance with local ordinances and use sound engineering practices • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carved over to adfacent public ~ construction thoroughfares or occurs as a result of hauling Timing may vary depending upon time of year of construction • Suspend grading operations during high winds (i e , BO C During A 4 wind speeds exceeding 25 mph) in accordance with construction SCAQMD Rule 403 regwrements • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction sudable means The site shall be treated wdh water or other sod- BO C During A 4 stabilizing agent (approved by SCAQMD and Regional construction Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 Chemical soil stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM~o emissions The construction contractor shall utilize electric or clean BO C Rewew of plans A/C 4 alternative fuel powered equpment where feasible The construction contractor shall ensure that BO C Rewew of plans A/C 2l4 construction-grading plans include a statement that work crews will shut off equipment when not in use All industrial and commercial facilities shall post signs BO C Review of plans A 4 requinng that trucks shall not be left idling for prolonged periods (i e , in excess of 10 minutes) ~ i 2of8 .. ... -, ., .. , All industrial and commercial faalities shall designate CP C Review of plans AIC Z3 ~~ preferential parking for vanpools All industrial and commercal site tenants with 50 or CP C Review of plans D 2/3 more employees shall be required to post both bus and Metrolink schedules in conspicuous areas All industrial and commercal site tenants with 50 or CP C Rewew of plans D 213 more employees shall be requred to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible All residential and commercial structures shall be BO C/D Review of plans C 2/4 regwred to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters All residential and commercal structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and r weather-stripping t Cultural Resources ~° ;'~r'y,=,;}°,~ ;t,", ~' s ~" ~'`~~~ w ' ` " ' i. ~ ". Ri ^ ~ "° ~~~nb~~~~v~,°. ' a " - +5 i' ~ t .3 ~~, ,.~ ., ~£ t ' ea .'~~ .~r: ~t .uY ,• - If any prehistoric archaeological resources are encountered before or during grading, the developerwill retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated CP/BO C Rewew of report A/D 3/4 sites from demoldion or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to regwre CP/BO C Rewew of report A/D 3/4 incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's CP/BO C Rewew of report A/D 3/4 archaeological heritage . 3 of ~ i ~ .... . . .. • Propose mitigation measures and recommend CPIBO C Review of report A/D 3/4 .. conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines • Prepare a technical resources management report, CP C Review of report AID 3/4 documenting the inventory, evaluation, and proposed mitigation of resources within the project area Submit one copy of the completed report vnth , original illustrations, to the San Bemardino County Archaeological Information Center for permanent archiving A qualified paleontologist shall conduct a preconstruction CP B Review of report A/D 4 field survey of the project site The paleontologist shall ' submd a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mtigation monitoring is appropriate, I the program must include, but not be limited to, the following measures • Assign a paleontological monitor, trained and CP B Review of report AID 4 egwpped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities • Should fossils be found within an area being Geared BO B/C Review of report AID 4 or graded, divert earth-disturbing actvites elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find • Submit summary report to City of Rancho CP D Review of report D 3 Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum _E t i 4of8 ,. ~ . Geology and SoilsT~ ~~ ~`` ~~ ~'~''~ '~ ,;wx: .~' °"~'i" _ ...~ ~r ~+.. .da+~~a,, The sde shall be treated wdh water or other sod- BO C Dunng A 4 stabilizeg agent (approved by SCAQMD and RWOCB) construction daily to reduce PM~o emissions, m accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM,o construction emissions associated with vehicle tracking of soil off- site Timing may vary depending upon time of year of construction Grading operations shall be suspended when wmd BO C Dunng A 4 speeds exceed 25 mph to minimize PM,o emissions construction from the site during such episodes Chemical soil stabilizers (approved by SCAQMD and BO C During A 4 RWOCB) shall be applied to all inactive construction ~ construction areas that remain inactive for 96 hours or more to reduce PM~o emissions Hytlrologyand WaterQuahty °, ~.i~r-~,, „~F~ ~a~ ~,~/ ~ ` ~' tl,. v ~ ,4`~'~M _ a"ro,»~ ¢'1~"!~~ ' u4l vk ~. r±k > 1 ,A ~;`;~~~z;~~=,r~ .~~2~% ~1 ~.~' }e :5~'J *p ^e Pnor to issuance of grading permits, the permit applicant BO B/C/D Review of plans A/C Z4 shall submit to Bwldmg Official for approval, Storm _ Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants dunng construction activities entering the storm dram system to the maximum extent practical. 5 of , .. ... -, .. An erosion control plan shall be prepared, included m BO B/C/D Review of plans A/C Z4 grading plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading This erosion control plan shall include the following measures at a minimum a) Speafy the timing of grading and construction to minimize sod exposure to rainy periods experienced in Southern Calrfomia, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off- site as aresult ofthis protect wdl be corrected through a remediation or restoration program within a specified time frame During construction, temporary berms such as BO B/C/D Rewew of plans AIC 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff During construction, to remove pollutants, street BO B/C/D Rewew of plans A/C 2/4 cleaning will be performed prior to storm events and after the use of water trucks to control dust m order to prevent discharge of debris or sediment from the site Parking lot grading will be designed to direct on-site CE B/C/D Rewew of plans AIC 2/4 Flows through a filtering system before discharging to the public system To reduce the amount of nwsance flows and the CE BIC/D Rewew of plans AIC 2/4 accompanying transport of sediment or waste, effiaent vrigation design and methods wdl be employed As a deterrent against the dumping of waste and CE B/C/D Rewew of plans A!C 2/4 chemicals, appropriate storm dram signs will be painted on all drainage inlets Each parcel wdl have a constructed trash enclosure to CE B/C/D Rewew of plans AIC 2/4 reduce the dispersion of trash Runoff is expected to leave the indiwdual parcels storm CE BIC/D Rewew of plans AIC 2/4 drain inlets through media filters inserted for the collection of debris, trash, sediment, and/or oils. _d t1 Y 6 of 8 The developer shall implement the BMPs identified in CE the Water Quality Management Plan prepared by (nameldate) to reduce pollutants after construction entering the storm drain system to the maximum extent practical B/CID ~ Review of plans ~ AIC 2/4 Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 controlling and minimivng the use of fertilizers/pestiades/herbiades Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including momtonng provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits Prior to issuance of building permits, the applicant shall CE B/C/D Review of plans A/C 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent ' practicable The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 Prior to issuance of grading or paving permits, applicant BO BIC/D Review of plans AIC 2/4 shall obtain a Notice of Intent (NOI) to comply with obtawng coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Budding Official for coverage under the NPDES General Construction Permit r r - ~'.. - s it Y^ ~{. is s -4 t ^ - ; NOISe ~ , - ~~qq~ yy p R 1'kY<~`~ ~ ~ y4~''MYt,'/~~ sxt~.~x~ ~,W a k , ~ Y ~ yA'~A '~`,~ ' ~ r ~" ~F ' y~~ /ry~S) ~iA a$4 ~Mr~ryiNi `£ ~^vf!! ~`;` ' ~p'n t(~t~yCY" 1 .y)~Z } ~p~ f'( v'h I ~pi w ~ ~ ~ ~} Jet iA p,Fjs' ~ y 3 ~ S/if' a S1fA +l C i ~ J~ ~ in ~ °v}t^^ n . 4 't^ 3('.<'y l'"c c~f'4 r .. ,~ , ~ ,r w ~.d ; ~ ~, ;~ ~ , ,; ~ ua_ „~a;?%~„~. ? ~y ~ . / ~ J1"' '/' 9 ~ ~.y 'rfY,{ '4 v~'~" + -~~ - Construction or grading shall not take place between the BO C During A 4 hours of 8 00 p m and 6:30 a m on weekdays, construction including Saturday, or at any time on Sunday or a national holiday 7 of .. ~ _ ., • . Construction or grading noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 17 02 120-D, as measured at the property line Developer shall hire a consultant to pertorm weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Budding Official Said consultant shall report their findings to the Building Official within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official If noise levels exceed the above - standards, then construction activities shall be reduced in intensity to a level of compliance vnth above noise standards or halted The perimeter blo k ll h ll c wa s a be constructed as early CP C Durin as possible in the first phase g A A construction Haul truck deliveri h ll es s a not take place between the PO/BO C During A hours of 8 00 p m and 6 30 a m on weekdays, construction 4n including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings ~7 N r Key to Checklist Abbreviations Responsible Person - Monitoring Prequency,;;`h~ Method;of.Verificatlon~' °'~~`~"" - ry--~~,„~ Sanctions'°-;' ~'~'~-'`-_ CDD -Community Development Director or designee A -With Each New Development A - On-site InspecUOn 1 -Withhold Recordation of Final Map CP -City Planner or designee B -Prior To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certficate of Occupanq BO -Building Official or designee D - On Completion D -Separate Submittal (Reporfs/Studies/Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Depositor Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation 8 of 8 COMMUNITY DEVELOPMENT` DEPARTMENI~ STANDARD CONDITIONS PROJECT #: SUBTPM16899 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: CECIL CARNEY LOCATION: SOUTH SIDE OF 9TH STREET, EAST OF LION STREET ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Cam lets A. General Requirements oete 1. The applicant shall agree to defend at his sole expense any action brought against the Clty, Its ~~_ agents, officers, or employees, because of the Issuance of such approval, or in the alternative, to relinquish such approval The appllcant shall reimburse the Clty, 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 _Approval of Tentatlve_Parce_I___Map No 16899_ is granted subtect to the approval of ~~_ DRC2004--00981 - B. Time Limits 1 This tentative tract map or tentative parcel map shall expire, unless extended by the Planning ~~ Commission, unless a complete final map Is filed with the City Engineer within 3 years from the date of the approval 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 Department, the conditions contained herein, and the Development Code regulations. SC-1-OS i \planning\final\pingcommisubtpm16899cond 7-13 doc p ~-~D Protect No SUBTPM76899 Comolehon Dete 2 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 3. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Communityor Specific Plans in effect atthe Gme of building permit issuance. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. Dedication and Vehicular Access Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. Maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. E. Street Improvements 1 All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees 2 Pursuant to City Council Resolution No. 88-557, no person shall make connectionsfrom asource of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit Is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those-buildings, or units proportionate-to the_completion_of improvements as required by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 3 Construct the following perimeter street improvements including, but not limited to Street Name Curb & Gutter AC. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Trell Median Island Bike Trell Other 9th Street X X X X 4 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 Ariorneyguaranteeing completion of the public and/or private street improvements, priorto final map approval or the issuance of building permits, whichever occurs first. SC-1-05 2 i \planning\final\pingcomm\subtpm16899cond 7-13 doc p~ L-~ ~ _~~_ ~~- ~~- ~~_ ~~- ~~. ~~- ~J_ ~~- Prgect No SUBTPM16899 Completion Date b Prior to any work being performed in public right-oi-way, tees 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 condwt with pull boxes shaft 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 galvanized steel with pull rope or as specified e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction 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 City 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 5 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 6. Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating `Street trees shall be installed per the notes and legend on sheet_(typicallysheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engmeer reserves the right to adtust tree species based upon field conditions and other variables For additional information, contact the Protect Engmeer Street Name Botanical Name Common Name Min Grow Space Spacing Size l]ty 9th Street Quercus Ilex Holly Oak 5' 40' O.C. 15 Gal Fill in Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicdies or nutrient deficiencies may require backtdl sotl amendments, as determined by the Clty inspector 3) All street trees are subtect to inspection and acceptance by the Engineering Department 4) Street trees are to be planted per public improvement plans only SC-1-OS i \planning\final\pingcomm\subtpm16899cond 7-13 doc _~-J~ ~~- ~~- ~J- ~~- ~~ ~~~ ~ ~~ ~~_ Protect No SUBTPM76899 Completion Date 7. Intersection Ime 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 F. Public Maintenance Areas A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to tinal map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer G. 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 bulding permits, whichever occurs first All drainage facilities shall be installed as required by the City Engineer. 2 Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 3 Public storm drain easements shall be graded to convey overtlows in the event of a blockage in a sump catch basin on the public street, and provisions made to pass through walls H. Improvement Completion 1 If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will • be required for: all public improvements I. 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. The developer shall be responsible for the relocation of existing utilities as necessary Water and sewer plans shall be designed and constructed to meet the requrements of the Cucamonga Valley Water District (C-VW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW D 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 protects. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subtect to any requirements that may be received from them J. General Requirements and Approvals A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to bulding permit issuance if no map is involved. -~~- ~~- ~J- ~J- ~~ ___/~- ~~- ~~- ~~_ ~~_ ~~- SC-1-O5 g u~ L=13 i \plannin \final\pingcomm\subtpm16899cond 7-13 doc Prgect No SUBTPM76899 Completion Date 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall ~~ be paid for the Construction and Demolition Diversion Program The deposit is fully refundable if ~ at least 50% of all wastes generated dunng construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Department when the first bwiding permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction andlor demolition protect APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. 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 sunrise and on photo sensored cell 2. All bwldings shall have mammal security lighting to eliminate dark areas around the bwldings, wdh ~~_ dvect lighting to be provided by all entryways Lighting shall be consistent around the entire development 3. Lighting in exterior areas shall be in vandal-resistant fixtures ~~ L. Security Hardware 1 One-inch single cylinder dead bolts shall be installed on all entrance doors It windows are within ~~_ 40 inches of any locking device, tempered glass ora double cylinder dead bolt shall be used. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. ~~~ 3. All roof openings giving access to the bwlding shall be secured with either iron bars, metal gates, ~~_ or alarmed. M. Building Numbering t. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime ~___/_ visibility 2 Developer shall paint roof top numbers on one or more roofs of this development. They shall be a ~___/ minimum of three feet m length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. N. 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 tum save dollars and Imes 2. Alarm companies shall be provided with the 24-hour Sheriff's dispatch number (909) 941-1488 ~~_ APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED . SC-1-05 p5 ~ ~~P i \planning\final\pingcomm\subtpm16899cond 7-13 doc ~ . ~ -' „~a, ~ . Rancho Cucamonga Fire Protection District -~. ~ Fire Construction Services STANDARD CONDITIONS April 21, 2005 Ninth St. Industrial S/S 9"', E/O Lion Street, & W/O Hellman (8) Industrial Buildings SUBTPM16899, DRC2004-00981 8 DRC2004-00264 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants. The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300- • feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential prolect from the public roadways. 2 At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire _ District. 5 A minimum of forty-feet (40') from any building. c If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The regwred minimum fire flow for this project, when automatic fire sprinklers are installed is 2,000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted • by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radws of the proposed project may be used to provide the regwred fire flow subtect to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. p/ r-7~ 3. Fire protection water plans are regwred for all protects that must extend the existing water . supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fue District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 7,500 square feet. 2. Group "A" Occupancies. 3. "E" Occupancies with an occupant load of 50 or more persons. 4. All structures that do not meet Fue District access requirements (see Fire Access) 5. When regwred fire flow cannot be provided due to inadequate volume or pressure. 6. When the building access does not meet the requirements of the 2001 California Bwlding Code and the RCFPD Fire Department Access -Fire Lane Standard #9-7 . 7. When any applicable code or standard requires the structure to be spnnklered. 8. Per the approved Alternate Method #05906. FSC-5 Fire Alarm System 1. The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system. Plan check approval and a building permit are required Prior to the installation of the fire alarm system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Std #9-7. 1 Location of Access All portions of the structures 1ST story exterior wall shall be located within 150-feet of Fire Distract vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radws shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e The minimum vertical clearance is 14-feet, 6-inches. ~~~ ~~ . f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each °~ side. g The angle of departure and approach shall not exceed 9-degrees or 20 percent. h The maximum grade of the driving surface shall not exceed 12%. r Support a minimum load of 70,000 pounds gross vehicle weight (GVW). ~. Trees and shrubs planted adjacent to the fire lane shall be kept trammed to a minimum of 14-feet, 6-inches from the ground up Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorvvays, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-pled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required budding exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2. The following design requirements apply: a. The gate shall be motorized and slide open horizontally or swing inward. . b All gates must open at the rate of one second for each one-foot of required width. c. When fully open, the minimum width shall be 20-feet. d Gates are not required to be motorized. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or budding construction. Plan check submittal is regwred with the permit application for approval of the permit; field inspection is required prior to permit issuance General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Aerosol Products Magneswm Working • Application of Flammable Finishes Motor Vehicle Fuel-Dispensing Operation • Automobile Wrecking Yards Open Burning Battery Systems Organic Coating • Candles and open flames in public assemblies Ovens • Cellulose Nitrate Powder Coating • Compressed Gases Public Assembly • Cryogenics Pyrotechnical Special Effects ©/ ~ 17 • Dry Cleaning Plants Dust-Producing Processes and Operations Explosive or Blasting Agents • Flammable and Combustible Liquids Fruit Ripening Plants • Hazardous Materials Structures High-Pile Combustible Storage (HPS) Liquefied Petroleum Gases LPG or Gas Fuel Vehicles in Assembly Buildings Radioactive Materials Refrigeration Systems Repair Garages Rubbish Handling Operations Spraying or Dipping Operations Tents, Canopies and/or Air Supported Tire Storage Welding and Cutting Operations Wood Products/Lumber Yards FSC-11 Hazardous Materials -Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. 1. If the facility is a NEW business, a Certificate of Occupancy issued by Budding & 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 materials disclosure requirements. A Risk Management Program (RMP) . may also be required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased prooerty which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner FSC-12 Hazafdous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of egwpment designed to store, use or dispense hazardous materials in accordance with the 2001 California Budding, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal has reviewed and approved a request for an alternate method. The alternate method #05906 requires that the insert conditions of approval. FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the regwred Fire Department access: a. Is located on property which is not under the control of the applicant; or • b. Crosses a property line; or c. Is shared by multiple owners, or d. Is located on common space under the control of an owner's association ~ i-~`~ ~ Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, pnor to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surtace shall be provided. The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or c. Provide service to adjacent properties; or d. Is located on common space under the control of an owners association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorders Office, County of San Bernardino. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities Distract #85-1 is required prior to the issuance of grading or budding permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is regwred pnor to any bwlding permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Budding & Safety Division and Fire Construction Services will perform plan checks and inspections. 5 D, .~ Zq All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3.' Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' 'Temporary Power Release Checklist and Procedures". ~-- PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or egwpment is placed in service. D~.~-$D 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reaprocal agreement and/or other approved documents shall be rewrded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers wdl be regwred on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire Distract use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8'/z" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard The site plan must be reviewed and accepted by the Fire Inspector. p; ~-Sl RESOLUTION NO. 05-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO DRC2004-00981, FOR 8 INDUSTRIAL BUILDINGS, TOTALING 47,810 SQUARE FEET ON 3 35 GROSS ACRES IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 2), LOCATED AT THE SOUTH SIDE OF 9TH STREET, EAST OF LION STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-013-08. A. Recitals. 1. Cecil R. Camey filed an application for approval of Development Review DRC2004-00981, as described m the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to ~s "the application." 2. On the 13th day of July 2005, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission . of the City of Rancho Cucamonga as follows: 1 This Commission hereby specifically finds that all of the facts set forth m the Rectals, Part A, of this Resolution are true and correct 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on July 13, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to 8 vacant parcels of land totaling 3.35 gross acres located _ at the southwest comer of 9th Street and Hellman Avenue, and b. The property to the north of the subject site is developed with a warehouse and manufacturing building and is zoned General Industrial, the property to the south ofthe sub)ed site is developed with a warehouse and manufacturing building and is zoned General Industrial; the property to the west of the subject site is developed with a warehouse and manufacturing bwlding and is zoned General Industrial, the property to the east of the subject site is developed with a warehouse and manufacturing building and is zoned General Industrial; and c. The application proposes the construction of 8 industrial buildings for multi-tenant, warehouse and manufacturing use, ranging in size from 5,768 square feet to 6,006 square feet, a permitted use within the General Industrial District, and d The project, togetherwith the recommended conditions of approval, complies with all minimum development standards for the City of Rancho Cucamonga; and e. The pro/ect wdl prowde multi-tenant, warehousing/distribution and manufacturing facilities for industrial uses of start-up to moderate size, conveniently located relative to the industrial area and regional arculation routes, and land use goals of the General Industrial District, and D,t~$a PLANNING COMMISSION RESOLUTION NO. 05-53 DRC2004-00981 - CECIL CARNEY July 13, 2005 Page 2 f. The architectural design of the project incorporates sandblasted concrete, smooth tdt-up concrete arld accent elements Each budding meets the design goals of the General Industrial District by providing a high-level of industrial architectural design with buildings that have two pnmary materials and a variety of extenor colors that provide visual interest to the wall planes. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on July 13, 2005, including wntten and oral staff reports, this Commission hereby specifically finds and concludes as follows: a. That the proposed project is consistent with the obtectrves of the General Plan and Development Code; and b. That the proposed design is in accord with the obtectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed design is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed design, together with the conditions applicable thereto, wdl not be detrimental to the public health, safety, or welfare or materially injunous to properties or improvements in the vicinity. • 4 Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project wdl 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 with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result ~f the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below as Conditions of Approval. c. Pursuant to the provisions of Section 753 5(c) of Title 14 of the Califomia Code of Regulations, the Planning Commission finds as follows In considenng the record as a whole, the Initial Study and Mitigated Negative Declaration for thA project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dunng the meeting, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(o-1-d) of Title 14 of the Califomia Code of Regulations. ~I ~~~ PLANNING COMMISSION RESOLUTION NO 05-53 DRC2004-00981 - CECIL CARNEY . July 13, 2005 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby approves the applicatron subject to each and every condition set forth below and rn the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Sandblasted concrete elements shall be added to all elevations for all buildings. 2) Broad canopy trees shall be used to shade all parking areas. Final plant species shall be subfect to City Planner rewew and approval 3) Tables, chairs, and shade shall be provided in each employee outdoor eating area. All outdoor furniture shall be uniform m design. 4) All retaining walls shall be split-face block or tilt-up concrete to match the building. 5) All conditions from Tentative Parcel Map SUBTPM16899 shall apply. 6) Pnor to the issuance of any grading or building permits, the applicant • shall obtain all necessary regulatory permits, including, but not limited to, a 401, 404 and 1600 permit(s), from the following ~urisdidional agencies. United States Army Corps of Engineers (USACOE), California Regional Water Quality Board (CRWQCB), Santa Ana Region, and the California Department of Fish and Game (CDFG). 7) Should the United States Army Corps of Engineers (USACOE), California Regional Water Quality Board (CRWQCB), Santa Ana Region, and the California Department of Fish and Game (CDFG) require modification to the approved Site and Grading Plan in order to __ issue a required regulatory permit, the applicant shall submit an application with the Planning Division indicating the necessary revisions as required under Section 17 02.070 of the Development Code Engineerino Division 1) The Water Quality Management Plan (WQMP) dated February 2005 requires the following corrections a) Project Categones -This project is a #3 and #8 Category Protect b) Section 1.2 -Complete list of Permit Numbers c) Section 1 3 - Be specific on Land-use type d) Section 2.1 - #3 The protect will dram to Cucamonga Creek and • ultimately the Santa Ana River, Reach 3 One potential pollutant from this project, for which the receiving waters is impaired, is bacteria/virus D, ~-~ PLANNING COMMISSION RESOLUTION NO. 05-53 DRC2004-00981 - CECIL CARNEY July 13, 2005 Page 4 e) Section 2.1 - #4 Bacteria/Virus is a potential pollutant from the project site. Responses in #4 and i15 are conflicting. f) Section 2.3 -Complete this section g) Section 3.1.2 -The "Urban curb/swale system" is marked as being implemented. Locate the urban curb/swale system on the grading plan. h) Section 3.2 -Provide implementation descnption. i) Section 3.3 -Locate Biofilters and Water Quality Inlets on Grading Plan. (See the CASQA Stormwater Best Management Practice (BMP) Handbook to confirm that a Water Quality Inlet is being installed ) j) Section 3 4 -Provide specifications for Treatment Control BMPs proposed for the project k) Section 3 4 -Provide Media Filter specifications Note. Flo-Gard Fossil Filters are not Media Filters per the California Stormwater BMP Handbook. I) Section 3 4 1 -Complete this section m) Section 3.4.2 -Complete this section n) Section 6 -Complete City's Certification form for compliance with this section. 2) Install public improvements on 9th St per City standards, to the satisfaction of the City Engineer. a) Dnve approach shall conform to City Standard Drawing No 101, Type C. b) The new catch basin on 9th Street shall be designed to contain O~oo within the nghts-of-way, contain Qzs w~thm the tops of curbs, and Oro shall provide a 10-foot dry lane. c) Sidewalk shall be property-line-ad/acent. d) Street trees shall be in accordance with the attached Street Tree Requirement Forth. e) Protect existing R 26 "No Parking" signs or replace as required. f) Revise traffic signing and stnping as required g) Revise existing City Mylar street improvement Plan No 1061 as required by the City Engineer D. ~~g PLANNING COMMISSION RESOLUTION NO. D5-53 DRC2004-00981 - CECIL CARNEY July 13, 2005 Page 5 3) Public improvement plans shall be 90 percent complete pnor to the issuance of grading permits Public improvement plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds executed by the developer, pnor to building permit issuance. 4) Conduit for a future fiber optic cable Imk shall be installed on 9th St , to the satisfaction of the City Engineer. 5) Parkways shall slope at 2 percent from the nght-of-way to the top of along the street frontage. 6) Sumps m the private storm drain system shall be designed for Qioo and the pond depth can be no greater than 12 inches in automobile parking areas (18 inches in truck parking areas) ~ Manholes shall be provided at each function between public and pnvate storm drain systems. Provide an easement for the public storm dram across private property. 8) The existing 50 foot wide stone drain easement along the west property . Ime shall be vacated t shall be d g) rain easemen Curbs, walls, and slopes within the storm designed to not place concentrated loads on the storm dram. 10) Maintenance of BMPs identified m the WQMP shall be addressed in the proled CC&Rs. 11) An in-lieu fee as contribution to the future undergroundmg of the existing overhead utilities (telecommurncations and electrical) on the opposite side of 9th Street 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 protect frontage. 12) All driveway gates to be a minimum 80 feet from curb face. Building and Safetv 1) The maximum discharge for the existing channel is 13 7 cubic feet per second, therefore, more underground storage shall be provided Environmental Mitigation Arr Qua/dy 1) All construction egwpment shall be mamtamed m good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and mamtamed as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification. p~~~~ PLANNING COMMISSION RESOLUTION NO 05-53 DRC2004-00981 - CECIL CARNEY . July 13, 2005 Page 6 2) Pnor to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and protected egy~ipment use Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distnd (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied efther by hand orhigh-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions. Reestablish ground cover on the construction site through seeding and watenng . Pave or apply gravel to any on-sde haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time Schedule activities to minimize the amounts of exposed excavated sod dunng and after the end of work periods. Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineering practices Sweep streets according to a schedule established by the City if silt is tamed over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction Suspend grading operations dunng high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 regwrements Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. D, ~"g~ PLANNING COMMISSION RESOLUTION NO 05-53 DRC2004-00981 - CECIL CARNEY July 13, 2005 Page 7 7) Chemical soil-stabilizers (approved by SCAOMD and RWQCB) shall be applied to all inactive construction areas that remain mactrve for 98 hours or more to reduce PM,o emissions 8) The construction contractor shall utilize electric or clean alternative fuel-powered equpment where feasible. 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. 10) All industrial and commeraal faalities shall post signs requiring that trucks shall not be left idling for prolonged penods (i e , m excess of 10 minutes). 11) All industnal and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be regwred to post both bus and Metrolink schedules in conspicuous areas. ii 13) All industnal and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible 14) All residential and commeraal structures shall be regwred to incorporate high-effiaency/low polluting heating, air conditioning, appliance, and water heaters. 15) All residential and commeraal structures shall be regwred to incorporate thermal pane windows and weather-stnpping. Cu/tu2/ Resources 1) If any prehistonc archaeological resources are encountered before or dunng grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will• Enact mtenm measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their speaal qualities as a theme or focal point. ~t-G'g`B PLANNING COMMISSION RESOLUTION NO 05-53 DRC2004-00981 - CECIL CARNEY . July 13, 2005 Page 8 • Pursue educating the public about the area's archaeological hentage • Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistonc resources, follov~nng appropnate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area. Submit one copy of the completed report, with onginal illustrations, to the San Bemardino County Archaeological Information Center for permanent archrvmg 2) A qualified paleontologist shall conduct a preconstruction field survey of the protect site. The paleontologist shall submii a report of findings that will also provide specific recommendations regarding further mitigation measures (i e., paleontological monitoring) that may be appropriate. Where mitigation monitonng is appropriate, the program must include, but not be limited to, the following measures• Assign a paleontological monitor, framed and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, dweri earth-disturbing actvities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bemardino County Museum Geology and Sor/s 1) The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and RWOCB) daily to reduce PM,o emissions, m accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicte tracking of soil off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMio emissions from the site dunng such episodes kJl~~$ 1 PLANNING COMMISSION RESOLUTION NO. OS-53 DRC2004-00981 - CECIL CARNEY July 13, 2005 Page 9 ~~ 4) Chemical sod-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. Hydrology and Water Quality 1) Priorto issuance of grading permits, the pertmt applicant shall submitto Budding Official for approval, Storm Water Pollution Prevention Plan (SWPPP) speafically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the stone dram system to the mawmum extent practical. 2) An erosion control plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies speafic measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading This erosion control plan shall include the following measun:s at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy penods experienced m southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site oroff-site as a result of thus project wdl be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debns or sediment from the sde when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debns or sediment from the-site. -- -- - 5) Parking lot grading wdl be designed to direct on-site flows through a filtering system before discharging to the public system 6) To reduce the amount of nuisance flows and the accompanying transport of sediment or waste, efficient imgation design and methods will be employed. 7) AS a deterrent against the dumping of waste and chemicals, appropriate stone dram signs will be painted on all drainage inlets 8) Each parcel wdl have a constructed trash enclosure to reduce the dispersion of trash 9) Runoff is expelled to leave the mdrvidual parcels stone drain inlets through media filters inserted for the collection of debris, trash, sediment, and/or als. Dl~~~ PLANNING COMMISSION RESOLUTION NO 05-53 DRC2004-00981 - CECIL CARNEY July 13, 2005 Page 10 10) The developer shall implement the BMPs identified in the Water Quality Management Plan (WOMP) prepared by CeGI Camey, September 28, 2004, to reduce pollutants after construction entenng the storm drain system to the maximum extent practical. 11) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitonng provisions for a minimum of two years, shall be submitted to the City for review and approval pnor to the issuance of grading pertnits. 12) Pnor to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including apro/ect description and identifying BMPs that vwll be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WOMP shall identify the structural and non-structural measures consistent with the Guidelines foi New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 13) Pnor to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permft. Noise 1) Construction or grading shall not take place between the hours of 8 00 p m and 6.30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02 120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level momtonng as speafied in Development Code Section 17 02 120 Monitoring at other times may be required by the Planning Dmsion Said consultant shall report their findings to the Planning Division within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. ~ I~`~'I PLANNING COMMISSION RESOLUTION NO 05-53 DRC2004-00981 - CECIL CARNEY July 13, 2005 Page 11 3) The perimeter block wall shall be constructed as early as possible rn first phase 4) Haul truck deliveries shall not take place between the hours of 8.00 p m. and 6 30 a m. on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily taps (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to thrs Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13THDAY OF JULY 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, 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 regularly introduced, passed, and adopted by the Plamm~g Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS: NOES• COMMISSIONERS. ABSENT' COMMISSIONERS: ~Dil ~~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Parcel Map SUBTPM16899 and Development Review DRC2004-00981 This Mitigation Monitoring Program (MMP) has been prepared for use m implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-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 will be taken and when, and to whom and when compliance will 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 m 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 rewews 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 will 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 will be prepared for each potentially significant impact and its corresponding mitigation measure identified m the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the project file 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 Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 D,~-`t3 MITIGATION MONITORING PROGRAM • SUBTPM16899 AND DRC2004-00981 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor speafic'mitigation activities and provide appropriate written approvals to the protect planner. 4. The project planner or responsible City department will 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 will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise regwring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the 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 after written notification has been issued. The protect planner or responsible City department also has the authority to hold certificates of occupancies 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 monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall require the applicant to post any necessary funds (or other forms 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 longterm protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation actvities at the protect site and reporting the monitoring 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 monitonng/reportmg plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. `.J ©t~'~Y MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: SUBTPMi6899 AND DRC2004-00981 Applicant: CECIL CARNEY Initial Study Prepared by: THOMAS GRAHN Date: NOVEMBER 24. 2005 £J h (n ~ s ;AirQuality ~~ .. - , _, _„y n All construction equipment shall be maintained in good CP C x operating condition so as to reduce operational Review of plans A/C y4 emissions Contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' specitications Maintenance records shall be available at the construction site for City venUcation Prior to the issuance of any grading permits, developer CP/BO C Review of plans C 2 j shall submit construction plans to City denoting the proposed schedule and protected egwpment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff All paints and coatings shall meet or exceed CP C Review of plans A/C 2/4 pertormance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed pertormance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108 All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. • Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 1 of~ ~ a • _ _ • Phase grading to prevent the susceptibility of large BO C .. _ areas to erasion over extended periods of time. Review of plans A/C y4 • Schedule actiwties to mini th mize e amounts of exposed excavated sod during and after the end of BO C Review of plans A/C y4 work periods • Dispose of surplus excavat d e material in accordance with local ordinances and BO C Rewew of plans A 4 use sound engineering practices. • Sweep streets according to a sch d l e u e established BO C D by the City d silt is carved over to adjacent public uring A 4 thoroughfares or occurs as a result of hauling. construction Timing may vary depending upon time of year of construction • Suspend grading operations duri h h ng ig winds (i e , wind speeds exceeding 25 mph) in accordance with BO C During A 4 SCAQMD Rule 403 requirements construction • Maintain a minimum 24 h f -inc reeboard ratio on soils BO C D haul trucks or cover payloads using tarps or other uring A 4 suitable means Construction The site shall be treated wdh water or other soil- BO C During A q stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB]) daily to reduce construction PM,o emissions, in accordance with SCAQMD Rule 403. Chemical soil stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactwe construction construction areas that remain inactive for 96 hours or more to reduce PM~o emissions The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel powered egwpment where feasible The construction contractor shall ensure that BO C Rewew of plans A/C 2/4 construction-grading plans include a statement that work crews will shut off egwpment when not in use. All industrial and commercial facilities shall post signs BO C Rewew of plans A 4 requiring that trucks shall not be left idling for prolonged periods (i.e , in excess of 10 minutes). e h 2 of 8 .. All industrial and commercial faalities shall designate CP C Rewew of plans A/C y3 v preferential parking for vanpools All industrial and commercial site tenants with 50 or CP C Review of plans D more employees shall be required to post both bus and y3 Metrolmk schedules in conspicuous areas. All industrial and comm l t ercia si e tenants with 50 or CP C R f l more employees shall be requred to configure their ewew o p ans D y3 operating schedules around the Metrolmk schedule to the extent reasonably feasible All residential and com i l merc a structures shall be regwred to inc t h BO C/D Review of plans C yq orpora e igh effiaencyAow polluting heating, air conditioning, appliances, and water heaters. All residential and commercal structures shall be BO C/D Rewew of plans C yq required to incorporate thermal pane windows and weather-stripping Cultural'Resources ~ ~'' ~ u~ti ''~~~ ~ ~ - Ii any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or i preserve them for study With the assistance of the , archaeologist, the City of Rancho Cucamonga wtll • Enact interim measures to protect undesignated CPBO C Review of report A/D 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to require CPBO C Review of report A/D 3/4 incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's CPBO C Review of report AB 3/4 archaeological herdage. C I • 3 of~ • • Propose mitigation measures and recommend CPBO C Review of report A~ ~. u 3/4 conditions of approval to eliminate adverse prolect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines • Prepare a technical reso r CP u ces management report, C Re i f A/D 3/4 documenting the inventory, evaluation, and v ew o report proposed mitigabon of resources within the prolect area Submit one copy of the completed re ort with p , original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. A qualified paleontolo ist sh ll d CP g a con uct a preconstruction B A~ field survey of the prolect site The paleontologist shall Review of report 4 submit a report of findings that will also provide specdic recommendations regarding further mitigation measures (i e., paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures I Assign a paleontological monitor, trained and CP B Review of report A~ 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities • Should fossils be found within an area being cleared BO B/C Review of report A/D 4 or graded, divert •earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find • Submit summary report to City of Rancho CP D Review of report D 3 Cucamonga Transfer collected speamens with a copy of the report to San Bernardino County Museum c r Oc 4of8 . . Geology ;aric!'Sods?,ti>°;-~~ ,~ .,- ~ The site shall be treated with water or other soil- BO C During q stabilizing agent (approved by SCAOMD and RWOCB) 4 daily to reduce PM,o emissions, in accordance with construction SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible Frontage public streets shall be sw t ep according to a BO C D schedule established by the City to reduce PM,o urng q 4 emissions associated with vehicle tracking of sod off- construction site Timing may vary depending upon time of ear f y o construction Grading operations shall be d suspen ed when wind d BO C During q spee s exceed 25 mph to minimize PM,o emissions 4 from the site during such episodes construction Chemical soil stabilizers d (approve by SCAOMD and BO C D RWOCB) shall be applied to ali inactive construction uring q 4 areas that remain inactroe for 96 hours or more to construction reduce PM,o emissions tiydr",ology#andaWater Quaptyr ~' ,; : x ~ , ,`!~ . ., ~ ^ Prior to issuance of grading permits, the permit applicant BO B1C/D Review of plans A/C 2/4 shall submit to Bwlding Official for approval, Storm - Water Pollution Prevention Plan (SW PPP) specifically Identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants durng construction activities entering the storm dram system to the maximum extent practical. • 5 of~ ~ - .. An erosion control plan shall be prepared, included in grading plan, and implemented for the pro osed r t BO B!C/D Review of plans A/C .. yq ` p p otec that identifies specific measures to control on-site and off-site erosion from the time ground disturbing actmties are vitiated through completion of grading. This erosion control plan shall include the following measures at a minimum a) Speafy the timing of grading and constructton to minimize sod exposure to rainy penods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off- site as a result of this protect will be corrected through a remediation or restoration program within a specified time frame. Dunng construction tem or b , p ary erms such as sandbags or gravel dikes must be used t BO B/C/D Review of plans A/C yq o prevent discharge of debris or sediment from the site when there is rainfall or other runoff ~ Dunng construction, to remove pollutants, street cleaning will be pertormed prior to storm events and BO B/C/D Review of plans A/C 2/4 after the use of water trucks to control dust in order to . prevent discharge of debris or sediment from the site. Parking lot grading will be designed to direct on-site CE B/C/D Review of plans A/C y4 flows through a filtering system before discharging to the public system To reduce the amount of nuisance flows and the CE B/C/D Review of plans A/C y4 accompanying transport of sediment or waste, efficient vngation design and methods will be employed As a deterrent against the dumping of waste and CE B/C/D Review of plans A/C 2/4 chemicals, appropriate storm drain signs unit be painted on all drainage inlets Each parcel will have a constructed trash enclosure to CE B/C/D Review of plans A/C 2/4 reduce the dispersion of trash Runoff is expected to leave the individual parcels storm CE B/C/D Review of plans A/C y4 drain inlets through media filters inserted for the collection of debris, trash, sediment, and/or oils. 6of8 .. The developer shall implement the BMPs identified in CE , the Water Quality Management Plan prepared by B/C/D Review of plans A/C yq (name/date) to reduce pollutants after construction entering the storm drain system to the maximum extent practical Landscaping plans shall includ e provisions for controlling and mirnmizmg the BO B/C/D Review of plans A/C y4 use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits Prior to issuance of building permits th l , e app icant shall submit to the City Engineer for approval of a W t CE g/C/p Rewew of plans A/C y4 a er Quality Management Plan (WQMP), including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the st d orm rain system to the maximum extent I practicable The WQMP shall identify the structural and ~ non-structural measures consistent with the Gwdelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 Prior to issuance of grading or paving permits, applicant BO B/C/D Review of plans A/C y4 shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Bwlding Official for coverage under the NPDES General Construction Permit ' ~ k4'"HH r 3Y~ -~ ' r ~ .~ ' Construction or grading shall not take place between the BO C During A 4 hours of 8.00 p m and 6.30 a m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. 7 of~ a h w • .. Constructton or grading noise levels shall not exceed the BO C Durng A q standards speckled in Development Code Section Constructton 17 02.120-D, as measured at the property Ilne Developer shall hire a consultant to pertorm weekly noise level monitoring as specified in Development Code Sectlon 17.02 120 Monitoring at other times may be regwred by the Budding Official Satd consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official If noise levels exceed the above standards, then construction activities shall be reduced ' to intensity to a level of compliance with above noise standards or halted The perimeter block wall shall be constructed as early CP C as possible in the first phase During q q construction Haul truck deliv r h ll e ies s a not take place between the POGO C During q q 7 hours of 8 00 p m and 6 30 a.m on weekdays, construction ~ including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Key to Checklist Abbreviations r-` r}W .C h ~ . Y"~' ~'+"Y.~ ,Fj X n ,µRes onsible~~"Person' CDD • Community Development Director or designee 'W 'ryT41A MSC ~"'R°~'LMF"G3) ohitorin Fre uenc A -With Each New Development `. #W,~"~@Pn°' Method of'Yeritica to A - On-site Inspection N~' X-RLEa 4~ nctions 1 -Withhold Recordation of Final Map CP - Ciry Planner or designee B -Prior To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Bwlding Permit CE • City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certificate of Occupancy BO -Building Official or designee D • On Completion D -Separate Submittal (Reports/Studies/Pians) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Depositor Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation 8 of 8 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2004-00981 SUBJECT: DEVELOPMENT REVIEW APPLICANT: CECIL CARNEY LOCATION: SOUTH SIDE OF 9TH STREET, EAST OF LION STREET ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements com IetionD 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 Ccurt costs and attorney's fees which the City, its agents, officers, or employees maybe regwred 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 _ Copies of the signed_ Plannmg_Commission Resolution of Approval No 05-53, Standard ~~_ Conditions, and~all environmental mdlgations shall be uicluded on the plans (full sze) The sheet(s) are for information only to all parties involved In the construction/grading actlvltles and are not required to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits 1- DevelopmenUDeslgn Review approval shall expire li 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 Department, the conditions contained herein, and the Development Code regulations SC-~-05 i \planning\fanal\pingcomm\dre2004.00981cond7-13 doc (•J) ~ V ° Protect No DRC2004-00981 Completion 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 faalities 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 Bulding and Safety Department to show compliance The buildings shall be inspected for compliance prior to occupancy. 4 Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for City Planner review and approval prior to the issuance of building permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated far _/_/_ consistency pnor to tssuance of any permits (such as grading, tree removal, encroachment, building, etc) or pnor to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of budding pennit tssuance 7 A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _f-/_ 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 ad/acent properties 8 Trash receptacle(s) are required and shall meet City standards The final design, locations, and _/_/_ the number of trash receptacles shall be subtect to City Planner review and approval prior 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 masonrywalls, 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 budding numbers and individual units shall be identified in a clear and conase manner, _/_/_ including proper illumination. 11 Ail parkways, open areas, and landscaping shall be permanently maintained by the property _/_/ owner, homeowners' association, or other means acceptable to the City Proof of this landscape - maintenance shall be submitted for-Gity Planner and City Engineer review and approved prior to , the issuance of building permits D. Buil ding Design 1 All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ protections, shall be shielded from view and the sound buffered from adiacent properties and streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included to building plans. 2 For commercial and industrial pro/ects, paint roll-up doors and service doors to match main _/_/ building colors. SC-1-05 i \planning\final\pingcomm\dre2004-00981cond7-13 doc Protect No ' DRC2004-00981 Comolehon Date E. 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 bwlding, 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-mch walk adtacent 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. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho _/_/_ Cucamonga Fire Protection District review and approval prior to issuance of bwlding permits For residential development, private gated entrances shall provide adequate turn-around space ' in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way 5 Handicap accessible stalls shall be provided for commercial and office facilities 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 F. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/ /_ residential pro/ects of more than 10 units Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater After the first 50 bicycle storage spaces are provided, additional storage spaces requred are 2 5 percent of the regwred automobile parking spaces Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2 5 percent of the required automobile parking spaces with a minimum of a 3-bike rack In no case shall the total number of bicycle parking spaces required exceed 100 Where this results in a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number G. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision 2 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 3 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls 4 Trees shall be planted in areas of public view adtacent to and along structures at a rate of one _/_/ tree per 30 linear feet of building 5 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 _/_/_ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy but less than 8 feet in vertical height and of 2 1 or greater f 5 feet l / l~ , opes in excess o 6 All private s _ _ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area, 1-gallon or larger size SC-1-05 3 ~---~ 5 i \planning\finallpingcomm\dre2004-00981cond7-13 doc D Protect No DRC2004-00981 Comolehon Date shrub per each 100 sq ft of slope area, and appropriate ground cover In addition, slope banks ~ in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. H. 7 For multi-family residential and non-residential development, properly owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilmng, mowing, and trimming Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage / / / / / / / / / / 8 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subtect to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be requued by the Engineering Department. 9 Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this pro/ect area shall be continuously maintained by the developer 10 Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Municipal Code Signs 1 The signs indicated on the submitted plans are conceptual only and not a part of this approval Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs A Uniform Sign Program for this development shall be submitted for City Planner review and approval poor to issuance of building permits Environmental Mitigation measures are required for the protect The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of ~4~a nn ~r to the-issuance of budding permts, guaranteeing satisfactory performance and completion of all mitigation measures These funds maybe used bythe City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies The applicant shall contact the U S Postal Service to determine the appropriate type and location of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be sub/ect to City Planner review and approval prior to the issuance of bulding permits. SC-1-05 / / / / / / 4 /: i \planning\final\pingcomm\dre2004-00981cond7-13 doc Q ~ ~,, . r Protect No DRC2004-00981 Comoletion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) 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 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 Ime 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 condthomng, and g Planning Department Protect Number (i e , SUBTT #, SUBTPM#, DRC #) clearly identified on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report tt l " " _/_/ a signature are required pnor to plan check submi wet Architect's/Engineer's stamp and 3 Contractors must show proof of State and City licenses and Workers' Compensation coverage to _/_/_ the City prior to permit issuance 4 Separate permits are requred for fencing and/or walls -/_/- 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ -- Bulding and Safety Department 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 , DRC2004-00981) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Pnor to issuance of building permits for a new commercial or industrial development protect or _/_/_ mafor addition, the applicant shall pay development fees at the established rate Such fees may include but are not limited to City Beauttflcation Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance 3 Street addresses shall be provided by the Building and Safety Official after tracUparcel map _/_/_ recordation and pnor to issuance of bulding 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 SC-1-05 5 r 7 i\planning\final\pingcommldre2004-00981cond7-13doc D)L--'~Q Prgect No DRC2004-00981 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public . counter). M. New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances considenng use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations 3 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 4 Extenor walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A 6 Upon tenant improvement plan check submittal, additional requirements may be needed N. Grading 1 Grading of the subject property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work • 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of bwlding permits APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or pnor to the issuance of building permits, where no map is involved Maintenance agreements ensuring toint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded pnor to, or concurrent with, the final parcel map Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map P. Street Improvements 1 All public improvements (interior streets, drainage facilities, communitytrails, paseos, landscaped areas, etc) shown on the plans and/or tentative map shall be constructed to Ctty Standards • Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees SC-1 -OS Comolehon Date -/-/- / / / / / / / / / / / / / / -/-/- / / -/-/- -~ /_ / / / / / / 6 i lplanning\finallpingcomm\dre2004-00981 cond7-13 doc D~ L -'~ 4 Project No DRC2~04-00981 Comole4on Date Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any budding service equipment which is regulated by technical codes and for which a permit Is required unless, in addition to any and all other codes, regulations and ordinances, all Improvements requlred by these conditions of development approval have been completed and accepted by the CIty Councll, except that in developments containing more than one building or und, the development may have energy connectlons made to a percentage of those buildings, or units proportionate to the completion of Improvements as requlred by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 3.Construct the following perimeter street improvements including, but not limited to Street Name Curb 6 Gutter AC. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other 9th Street X X X X 4 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 CIVII Engineer and shall be submiried 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 Attorneyguaranteeing completion of the public and/or private street improvements, priorto final map approval or the issuance of building permits, whichever occurs first b Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic 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 major 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) Conduct shall be 3-Inch galvanized steel with pull rope or as specified. e Handicapped access ramps shall be installed on all corners of Intersections per City Standards or as directed by the City Engineer. f. Existing CIty roads requiring construction shall remain open to traffic at all times with adequate detours during construction 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 CIty 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. SC-1-05 i \planning\final\pingcomm\dre2004-00981 cond7-13 doc ~) ~--~0 F _J~~ ~___J- ~~- ~~ ~~ ~~- ~~ _/~ ~~_ ~~~ Protect No DRC2004-00981 Completion Date 5 Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in • accordance with the Citys street tree program. 6 ~ Install street trees per City street tree design gwdelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating: 'Street trees shall be installed per the notes and legend on sheet_(typically sheet 1).' Where public landscape plans are requred, tree installation in those areas shall be per the public landscape improvement plans The City Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional information, contact the Project Engmeer. Street Name Botanical Name Common Name Mm. Grow Space Spacing Size Oty. 9th Street Quercus ilex Holly Oak 5' 40' O C 15 Gal Fill in Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with Ctty standard plans. 2) Prior to the commencement of any planting, an agronomic sods report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backtill sod amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only 7 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 project intersections, including driveways Local residential street intersections and commeraal or • industrial driveways may have lines of sight plotted as required ~. Public Maintenance Areas 1 A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of bwlding permits whichever occurs fvst. 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 Trees are prohibited within 5 feet of the outside diameter of any public storm dram pipe measured from the outer edge of a mature tree trunk. 3 Public storm drain easements shall be graded to convey ovedlows in the event of a blockage in a sump catch basin on the public street, and provisions made to pass through walls. S. Improvement Completion If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed bythe Developer and the Cdy will be required for. all public improvements • SC-1-OS _~-~ ~_~ ~J. ~__J- ~~- ~~ ~~- ~~ e Ub' i \planning\fanal\pingcomm\dre2004-00981cond7-13 doc D I y'" Protect No DRC2004-00981 Completion Date T. 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 requued 2. The developer shall be responsible for the relocation of existing utilities as necessary. ~~_ 3 Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first Such letter must have been issued by the water distract within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits to the case of all other residential protects 4. Approvals have not been secured from all utilities and other interested agencies involved J~_ Approval of the final parcel map will be subject to any requirements that may be received from them. U. General Requirements and Approvals 1. Anon-refundable deposit shall be paid to the Ciry, covering the estimated operating costs for all ~~ new streetlights for the first six months of operation, prior to final map approval or priorto building permit issuance if no map is involved. 2 Prior to the issuance of bulding permits, a Diversion Deposit and related administrative fees shall ~_/ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable rf • at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Bwlding and Safety Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition protect. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: V. 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 sunrise 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 entire development. 3 Lighting in exterior areas shall be in vandal-resistant fixtures ~-~ W. Security Hardware 1 One-inch single cylinder dead bolts shall be installed on all entrance doors Ii windows are within ~~ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used 2 All garage or rolling doors shall have slide bolts or some type of secondary locking devices. ~~ ~ 3 All roof openings giving access to the building shall be secured with either iron bars, metal gates, ~ / or alarmed SC-1-OS 9 i \planning\final\pingcomm\dre2004-00981cond7-13 doc ~ l~-~{l Protect No DRC2004-00987 Comoletion Date X. Building Numbering 1 - Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime wsibiltty 2. Developer shall paint roof top numbers on one or more roots of this development They shall be a minimum of three feet in Length and two feet in width and of contrasting color to background The stencils for this purpose are on loan at the Rancho Cucamonga Police Department Y. Alarm Systems 1. Install a burglar alarm system and a panic alarm tf needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and m turn save dollars and lives. 2 Alarm companies shall be provided with the 24-hour SheriN's dispatch number (909) 941-1488 APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED -._J SC-1-05 i \planning\final\pingcomm\dre2004-00981cond7-13 doc 10 ~ ! J-~ ~ o~, ~J- ~~ -/~- ~~ ' ,,.,. Rancho Cucamonga Fire Protection District ~. Fire Construction Services STANDARD CONDITIONS April 21, 2005 Ninth St Industrial S/S 9~', E/O Lion Street, & W/O Hellman (8) Industrial Buildings SUBTPM16899, DRC2004-00981 8~ DRC2004-00264 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants. The following provides design guidelines for the spacing and location of fire hydrants: a The maximum distance between fire hydrants in commercial/industrial protects is 300- feet. No portion of the exterior wall shall be located more than 150-feet from an . approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b The preferred locations for fire hydrants are: 1 At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. _ _ 3. On the right side of the street, whenever practical and possible. 4 As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c If any portion of a faality or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or budding, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2,000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2 Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide the required fire flow subtect to Fire District review and approval Private fire hydrants on adiacent property shall not be used to provide required fire flow. p, ~ -l L3 3. Fire protection water plans are required for all protects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4. On all site plans to be submitted for rewew, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1 Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 7,500 square feet. 2. Group "A" Occupancies. 3. "E" Occupancies with an occupant load of 50 or more persons 4 All structures that do not meet Fire District access requirements (see Fire Access). 5. When required fire flow cannot be provided due to inadequate volume or pressure. 6 When the building access does not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access -Fire Lane Standard #9-7 7 When any applicable code or standard requires the structure to be sprinklered. 8. Per the approved Alternate Method #05906. FSC-5 Fire Alarm System 1. The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system. Plan check approval and a building permit are required Prior to the installation of the fire alarm system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes Please reference the RCFPD Fire Department Access Roadways Std #9-7 I. Location of Access: Ail portions of the structures 15~ story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the budding. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet b. The maximum inside turn radws shall be 24-feet. c The minimum outside turn radws shall be 50-feet. d The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each a side. g The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. r Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3 Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-pled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all regwred building exterior openings 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire Distract Standard #9-2 The following design requirements apply: a. The gate shall be motorized and slide open horizontally or swing inward. b All gates must open at the rate of one second for each one-foot of required width. c. When fully open, the minimum width shall be 20-feet. d. Gates are not required to be motorized. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval 8 Approved Fire Department Access: Any approved mitigation measures must be cleady noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit, field inspection is required prior to permit issuance General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Aerosol Products • Application of Flammable Finishes Magnesium Working Motor Vehicle Fuel-Dispensing Operation Automobile Wrecking Yards Open Burning • Battery Systems Organic Coating • Candles and open flames in public assemblies Ovens • Cellulose Nitrate Powder Coating • Compressed Gases Public Assembly Cryogenics Pyrotechnical Speaal Effects 3 ~I~ ~~~ • Dry Cleaning Plants • Qust-Producing Processes and Operations • Explosive or Blasting Agents • Flammable and Combustible Liquids • Fruit Ripening Plants • Hazardous Materials Radioactive Materials Refrigeration Systems Repair Garages Rubbish Handling Operations Spraying or Dipping Operations Tents, Canopies and/or Air Supported Structures • High-Pile Combustible Storage (HPS) Tire Storage • Liquefied Petroleum Gases Welding and Cutting Operations LPG or Gas Fuel Vehicles in Assembly Buildings Wood Products/Lumber Yards FSC-11 Hazardous Materials -Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Matenals Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building /3< Safety wdl 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 materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased propery which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subiect to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved pnor to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal has reviewed and approved a request for an alternate method. The alternate method #05906 requires that the insert conditions of approval. FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant, or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owners association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire Distract approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire Distract access, the width, turn radii and slope of roadway surface shall be provided. The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required pnvate fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the pnvate water mains, fire hydrants and fire protection egwpment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, 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. Approval of the on-site (pnvate) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Pnvate on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 911, #10-2 and #10-4 The Budding & Safety Division and Fire Construction Services will perform plan checks and inspections 5 fl,.~ III • All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radws of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD Fire Construction Services must grant a clearance before lumber is dropped 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6"above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER • The building construction must be substantially completed in accordance with Fire Construction Services"Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring• Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other speaal hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Pnor to the issuance of a Certificate of Occupancy, the fire alarm • system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, speafy the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- dluminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites 10. Hazardous Materials: Pnor to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information. The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8'/z' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and budding features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. D,s=~~~ DATE: July 13, 2005 TO: Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting City Planner BY: Michael Diaz, Senior Planner SUBJECT: CONDITIONAL USE PERMIT CUP88-45 AND ENTERTAINMENT' PERMIT EP91-03 -MARGARITA BEACH - A public heanng to examine the business operation of Margarita Beach, located at 9950 Foothill Boulevard, to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicirnty. The Planning Commission will consider modification or revocation of the approved Conditional Use Permit and Entertainment Permit (Continued from June 22, 2005) ANALYSIS: Background• On June 22, 2005, the Planning Commission conducted a public heanng to evaluate the operation of the Margarita Beach business at the abovementioned address. The Commission took public testimony from the applicant, his attorney, 12 members of the public, and staff. The major issues presented regarding the business involved problems with excessive noise during the late hours of the evening and early morning, the overflow of parking and loitering within the adjacent neighborhood, and the consistency of the current use with what was approved under with the original Conditional Use and Entertainment Permits. When asked by the Commission, residents indicated that the situation had improved in recent months, but they feared that once the City's review of matter was over, the negative conditions would return. Moreover, the residents were not satisfied with staff's recommended changes to the existing conditions of approval for the existing use. Further background information including a chronology of the significant events associated with the subject business and site are contained in the staff report prepared for the June 22, 2005, meeting (Exhibit B). The minutes from the previous public City Council and Planning Commission meetings regarding Margarita Beach are attached (Exhibit C) Conditional Use Permit 88-45. Approval of the original Conditional Use Permit CUP88-45 (Planning Commission Resolution No 88-242 and No. 88-242A--included in June 22, 005, staff report -Exhibit B) and original Entertainment Permit EP91-03 (Planning Commission Resolution No. 91-184 -Exhibit D) were based on the primary use of the site as being a restaurant with Item H PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 -MARGARITA BEACH Jelly 13, 2005 Page 2 incidental live entertainment. The Planning Commission adopted conditions of approval that requre the serving of alcoholic beverages to be limited to those hours when the full listed food menu items are available The current operation of Marganta Beach continues to serve food, but the business is largely focused on the bar and entertainment as the primary activity as its advertisements attest. At the March 9, 2005 Planning Commission meeting, the business owner, Mr. Mark Davidson, testified that they offer a full menu until 10.00 p m ,such as steaks, fish, and chicken. On June 7, 2005, two staff members wsited Margarita Beach and observed customers eating after 11.00 p m.; however, the business is open selling alcoholic drinks until 2:00 a.m. Attached is a copy of the Margarita Beach menu provided by the applicant (Exhibit E). Staff visited the site on June 7 and June 16, 2005, and observed the space as having a bar and kitchen area, dining booths along one side of the room, scattered tables, a pool table, a small dance floor, and raised counter space with stools along the perimeter of the outer walls. When approved in 1986, occupancy for the space was set by the Fue Department at 233 persons based on submitted Floor Plan (Exhibit F). The liquor license type issued by the Department of Alcoholic Beverage Control (ABC) for Marganta Beach is an On-Sale General Eating Place (Type 47) license (Exhibit G). According to ABC, this type of license regwres the operation of a bona fide eating establishment defined as a place where meals are offered when the premises are open and where actual and substantial sales of meals are made to guests for compensation. ABC regulations further define "meals" to mean and include "the usual assortment of foods commonly ordered at various hours of the day," and that service of "only sandwiches or salads" shall not be deemed to be in compliance This definition is provided in Section 23038 of the California Business and Professions Code Section 23038 (Exhibit H). While ABC does not require food to be served continuously or at all times alcohol is served, it does regwre food to be served during the accepted normal lunch (11 00 a m to 2.00 p.m.) and dinner (6'00 p m. to 9:00 p m) timeframes However, the City, as part of its own discretionary revew and approval process of a Conditional Use Permit, may regwre that food be served continuously or at all times alcohol is served. Based on public and staff testimony, and a review of pictures and advertisements for the business provided at the June 22, 2005, meeting, four members of the Commission (one absent) concluded that the nature of the current business operation had changed from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the Imes of a nightclub The Commission further determined that the current use was not consistent with the restaurant use on which approval of the Conditional Use Permit and Entertainment Permit was originally based. The Commission directed staff to prepare a revised set of conditions designed to ensure that the Margarita Beach business be operated as a restaurant use in a manner that is consistent with the spint of the original Conditional Use Permit issued for the site. The findings made by the Planning Commission in granting CUP88-45, as regwred by state law, indicate that the use "will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity." Testimony has been received from more than 15 residents of the surrounding neighborhood of a variety of adverse impacts associated with Marganta Beach's operation and its customers. As indicated in the previous report, since N~ PLANNING COMMISSION STAFF REPORT • CUP88-45 AND EP91-03 -MARGARITA BEACH Joly 13, 2005 Page 3 the March 9, 2005, hearing, the owner of Margarita Beach has made progress in addressing the mafor concerns related to parking and noise affecting the adjacent residential neighborhood. In addition, calls to the Police for service have been drastically reduced (Exhibit I) However, the main question raised during public testimony was whether the current operation of the Margarita Beach establishment was consistent with the nature of the business for which the Conditional Use Permit was originally issued in 1988. The Planning Commission also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes. On June 17, 2005, Mr Davidson was convicted and fined for a violation of a provision of the Labor Code by permitting smoking inside the business (Exhibit J). This conviction stemmed from City Code Enforcement action When given the opportunity to voluntarily comply, Mr. Davidson refused to remove the ashtrays inside his business when asked to by a City's Code Enforcement officer. Entertainment Permit 91-03 An Entertainment Permit is regwred by any business that allows live entertainment, music, solo band, orchestra, play, fashion show, song, dance, etc ,for the purpose of gaining and/or holding the attention of guests or patrons (Exhibit K). When the entertainment permit was first issued for the premises in 1991, use of the site was a full service restaurant (Skipper's Grill and Bar). The entertainment activities specifically allowed small bands or individual musicians to play and a small dance floor of 150 square feet in area. The hours for entertainment were set at 8 00 p.m. to 2.00 a.m. The dance floor exists but it is not known how often, if at all, small bands or individual musicians play at the site. When staff visited the site, the primary source of music was provided by the house sound system and recorded music videos. An area is provided for a disc fockey According to Mr Davidson's print advertisements (Exhibit L) and information obtained from radio station X-103.9 website, the radio station hosts "club night" promotions at Margarita Beach "with On-Air Personalities and the X-103 9 STREET TEAM" (Exhibit M). The most recent advertised event was for June 30, 2005, where the "all new Thursday Nights Bring Your Own Bitch (BYOB)" party was promoted. It is not known whether a live disc jockey is used to play music for the entertainment of customers. At the June 22, 2005, meeting, a member of the public presented copies of photos obtained from the applicant's website and advertisements (Exhibit N). The photos were presented as evidence of the activities that occur during some of the events held at the site. Upon reviewing the photos, Kevin Enms, Assistant City Attorney, indicated that there appeared to be evidence of adult entertainment occurring at the site, including the display of specified anatomical areas and/or specified sexual activities as defined by the Rancho Cucamonga Adult Entertainment Ordinance (Exhibit O). According to Mr. Davidson, several of the pictures are not from Margarita Beach and others were grossly misinterpreted Mr Davidson's attorney has provided the City with a written response for each of the pictures presented, in which he states that nearly all the pictures were either from the San Bernardino Margarita Beach business or that he cannot identify the location or persons depicted in the pictures (Exhibit P) Even if it is granted that some of the pictures were not taken at the Rancho Cucamonga location, the fact that they were on a website expressly promoting the subject business would lead a reasonable person to conclude that the activities did occur, and are activities one may expect to occur, on the subfect • premises. Noticeably, there are no advertisements or photos of bands or individual musiaans playing at the site that are the specifically approved activities of the Entertainment Permit, although the Internet advertisements do suggest the presence of a live DJ. ~~ PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 -MARGARITA BEACH July 13, 2005 Page 4 On June 30, 2005, staff visited the website of radio station X-103.9 and found seven photographs identified as being from Margarita Beach (Exhibit M). One of these photographs shows a woman from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Specified Anatomical Areas" by the Adult Entertainment Business Ordinance A "Grand Opening" advertisement for "Margarita Beach 9950 Foothill Blvd" includes a photograph of a bare breasted woman with nipples and areola covered with text, which is also defined as a "Specified Anatomical Area" The panted ad for the "9-year Anniversary" on April 7 at "Margarita Beach 9950 Foothill Blvd° shows a buttocks and the cleft The question here is whether the activities shown in the photos were only isolated events or representative of what frequently occurs on the premises Planning Department staff did not witness firsthand any violations of the City's Adult Entertainment Business Ordinance during visits to the site. However, the photos and business advertisements suggest that some activities are nearing, and in some cases, appear to cross the line so as to be classified as adult entertainment. One print advertisement states "XX every Friday night at Margarita Beach" including "$2 00 sex shots all night long." All of the advertising refers readers to "www ieparty coin" for more details. The www.ieparty.com website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman, and a woman's buttocks being fondled The acts depicted in these three photographs are included within the definition of "Speafw Sexual Activities" set forth in the Adult Entertainment Business Ordinance. A commeraal business that provides "a place where two or more persons may congregate, associate, or consort in connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas'° is defined as a "Sexual Encounter Establishment" by the Adult Entertainment Ordinance Mr Davidson has not identified what a "sex shot" is or involves, particularly whether it involves simulated sex acts, exposure of "Specified Anatomical Areas" or physical contact between employees and customers. In addition, ABC regulations regarding Attire and Conduct and Entertainers and Conduct also apply. These ABC regulations prohibit °any person on the licensed premises to touch, caress or fondle the breasts, buttocks" of any other person (Exhibit O). ABC regulations also prohibit "any entertainment or person so attired as to be in violation of any City or County ordinance." As such, staff does not believe that the activities as represented by the photos are consistent with the activities allowed with the original Entertainment Permit for the site, or with ABC regulations. Staff has prepared a draft resolution for the Commission's consideration regarding the Entertainment Permit. The resolution provides a revised set of conditions designed to ensure that entertainment activities at Margarita Beach are consistent with the current Entertainment Permit and in compliance with all aty codes regarding adult entertainment. CORRESPONDENCE: The June 22, 2005, meeting date Daily Bulletin newspaper, the property was posted, and owners within a 300-foot radius of the protect site. A Commission continued the public hearing specifically to Jul was advertised in the Inland Valley notices were mailed to all property t the June 22, 2005, meeting, the y 13, 2005 ~~.J ~7 "`-!' PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 -MARGARITA BEACH July 13, 2005 Page 5 RECOMMENDATION: Staff recommends that the Planning Commission Conclude the public hearing on the issues raised by the public, assess the efforts of the operator at responding to the issues, and adopt the proposed resolutions modifying the conditions for the Conditional Use Acting City Planner BB.MPD/ma Attachments: Exhibit A Exhibit B Exhibd C Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Exhibit M - Exhibit N - Exhibit O - Exhibit P - Exhibit O - Location Map/Site Plan Staff Report for June 22, 2005 Planning Commission Meeting Minutes. February 2, 2005 City Counal and March 9, 2005 Planning Commission and Draft Minutes June 22, 2005 Planning Commission Planning Commission Resolution No. 91-184 for Entertainment Permit 91-03 Food Menu of Margarita Beach Approved Floor Plan from 1986 ABC License for Margarita Beach Alcoholic Beverage Control Act Regulations Police Calls for Service/Reports Summary Violation of Labor Code for Allowing Indoor Smoking Definition of Entertainment (RCMC Section 5.12.020 and 5.12 030) Advertisement from Margarita Beach (provided under separate cover) _ AdvertisemenUPhotos from Radio Station X-103 9 website (provided under separate cover) Photos Presented by Public at June 22, 2005, Planning Commission Meeting (provided under separate cover) Rancho Cucamonga Adult Entertainment Ordinance (RCMC Section 17.04 090.6.) Written Response from Mr. Dawdson's Attorney Regarding Pictures Presented at the June 22, 2005 Planning Commission Meeting (provided under separate cover) ABC Regulations Regarding Attire and Conduct and Entertainers and Conduct Exhibit R -Entertainment Permit Annual Renewal application Exhibit S -February 2005 Petition and June 22, 2005 Petition . Draft Resolution to Modify Conditional Use Permit Draft Resolution to Modify Entertainment Permit I' '~ Location and Aerial Map s i ! • Staff Report DATE: June 22, 2005 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY Michael Diaz, Senior Planner SUBJECT: CONDITIONAL USE PERMIT CUP88-45 AND ENTERTAINMENT PERMIT EP91-03 - MARGARITA BEACH - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially in~unous to properties in the vicinity. The Planning Commission will consider • modification or revocation of the approved Conditional Use Permit and Entertainment Permit (Continued from May 11, 2005) BACKGROUND Conditional Use Permit 88-45 was originally approved in 1988 for Siam Garden Restaurant (Planning Commission Resolution No. 88-242 -Exhibit A) In 1991, Fred and Urai Nelson filed an application to expand the size of the restaurant and bar and to allow live entertainment under the business name of Skipper's Bar and Grill. The Planning Commission approved Conditional Use Permit 88-45 Modification and Entertainment Permit 91-03 on October 23, 1991 (Planning Commission Resolution No 88-242A -Exhibit B) In 1996, the Entertainment Permit was transferred to Margantaville, and the name was changed to Margarita Beach in 2004 On February 2, 2005, 13 residents spoke at the City Counal meeting under Public Communications regarding problems associated with Margarita Beach. The matter was referred to the Planning Commission for a review of the issues at hand On March 9, 2005, the Planning Commission considered a request to set a public hearing to consider business operations at Margarita Beach At that meeting, the Commission took testimony from the public (21 speakers) regarding the impacts the business has had on their neighborhood to determine if a full public hearing was warranted Based on the testimony presented, the Commission found that a public hearing was appropriate but indicated that before a public hearing was held, that the business owner, local residents, and City staff should meet to discuss how the issues raised regarding the business could be resolved On April 19, 2005, City staff met with the business owner and local residents to discuss the issues . Representatives from the Police Department provided a breakdown of the calls for service and responded to questions During the meeting it was determined that further dialogue was necessary between the parties to arrive at a mutually acceptable plan of action Planning staff suggested the neighborhood meet on their own and prepare a set of their recommendations on the operation of the business for consideration by the applicant and the City ~--7 PLANNING COMMISSION STAFF REPORT • CUP88-45 AND EP91-03 -MARGARITA BEACH June 22, 2005 Page 2 At the suggestion of the Police Department, the residents were encouraged to re-establish a neighborhood watch program as a proactive means for reporting and addressing neighborhood issues as they occur. The residents held a pnvate meeting on April 26, 2005 Since then, Neighborhood Watch signs have been installed On April 25, 2005, following the pnvate meeting of the residents, the City was provided with a list of recommendations on how the business should be operated to address the concerns of the neighborhood (Exhibit C) On May 3, 2005, one resident provided a letter and information that he found on the Internet and in a magazine that he believes shows a discrepancy between the current business and the described use of the original Conditional Use Permit and Entertainment Permit (Exhibit D) Because of several scheduling conflicts, the Planning Commission postponed the public hearing until June 22, 2005. ANALYSIS' Evaluation of Maior Issues The mator issues identified by the public can be narrowed down to those regarding excessive noise, overflow of parking, and loitering within the adtacent neighborhood. The owner of Margarita Beach has pledged to work with the residents and has begun to improve his efforts at operating his business in a manner that avoids negative impacts to the adtacent neighborhood For example, there are more security guards on duty, patrons are directed to park within the shopping center lot and discouraged from parking on streets within the adtacent neighborhood on the west side of Ramona Avenue In addition, the operator indicates that the center and adtacent neighborhood is checked for trash and debris following the activities each evening. Staff has also checked the neighborhood on a number of mornings and can verify that the area is free of mator debris and is generally clean In regard to calls for service, the Police Department provided a breakdown of over 400 calls recorded for the subject business or shopping center address which occurred from January 2002 to mid-February, 2005 Of the total number of calls, more than half were self-initiated by the police while on routine patrols. Some of incidents that occurred within the neighborhood could not be adequately verified, while others appeared to have had viable alternate explanations that did not directly involve Margarita Beach. Only a small number of calls per year could be directly attributed to problems at the Margarita Beach establishment, most of which were for disturbances that occurred within the establishment or the adjoining parking lot, and not within the adtacent neighborhood. During the months of February and March 2005, 25 calls for service were recorded. The Police initiated 21 of these calls as part their regular patrol activities Since then (March 22 to June 7), the Police reported 6 calls for service (4 initiated by the Police) at Margarita Beach, and none for surrounding neighborhoods that were related to the establishment. Nature of the Business A second issue raised by one of the neighbors is whether the operation of • the Margarita Beach establishment is consistent with the nature of the business for which the Conditional Use Permit was originally issued in 1988 As indicated above, the original Conditional Use Permit and Entertainment Permit were originally permitted for a use that was primarily a restauranUbar with inadental live entertainment. Section B 2(d) of Resolution 88-242, speafically states that 'The application contemplates the addition of cocktails to the existing restaurant menu of '~ PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 -MARGARITA BEACH June 22, 2005 Page 3 oriental cuisine and beer/wine." While the current operation of Margarita Beach retains the restaurant use, the advertising for the business appears to be largely focused on entertainment as the primary activity. Staff agrees the marketing direction of the current business is not the same as the marketing of the original applicant. However, staff does not believe the Commission should establish marketing criteria or conditions outside of those already covered in the City's Sign Ordinance Moreover, staff does not find that the business is operating as an adult business as defined by the City's Adult Entertainment Business ordinance The business operator has been notified of the ordinance and the City's expectation that he comply with its provisions. Based on the above information, staff does not find sufficient grounds for revocation of the Conditional Use Permit or Entertainment Permit at this time. Proposed Changes to Conditions of Aoaroval. All of the conditions of approval contained in Resolution No 88-242A will continue to apply However, while there has been improvement in the operation of the business, staff believes that new conditions should be added to ensure that the business operator and the public understand what is expected The recommended conditions listed below are based on an evaluation of the existing conditions of approval, and the recommendations from the residents and staff. Consideration was given to those recommendations that would be easily understood and enforceable. As a courtesy, staff provided the applicant and representatives from the neighborhood a copy of the draft conditions listed below for their feedback. Some of the draft conditions were modified to reflect their respective comments/concerns including a change in the length of time frame for reviewing the business (6 months reduced to two 3-month reviews), a change in the requirement for security guards, and a requirement to direct overflow parking The goal of this last requirement is to avoid overflow parking beyond that which can be contained in the front parking lot on the south side of the business and commercial center. The proposed new conditions, as modified, are as follows: No adult entertainment as defined by the Rancho Cucamonga Municipal Code, Section 17 04 090 shall be permitted Uniformed security personnel shall be provided within the parking area at all times during evening business hours (9 00 p m to 2 00 a m.) to control parking and monitor crowd behavior A minimum of one member of the security team shall be continually present at all times When the front parking lot reaches 75 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of two persons patrolling the parking lot and one person on Ramona Avenue directing patrons away from parking within the adtacent residential neighborhood The driveway entries/exits on Ramona Avenue shall be closed each business day no later than 1 00 a.m to direct patrons leaving the site to exit on Foothill Boulevard, subtect to approval by the City's Traffic Engineer. The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the budding, in any of the adtacent residential streets, in any of the adtacent residential streets, or in other off-site locations ~-- I PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 -MARGARITA BEACH June~22, 2005 Page 4 The City Planner shall monitor the operation of the business with a progress report being brought back to the Commission for two successive 3-month reviews, beginning on the date of this Commission action The report shall indicate whether the business establishment has been operating in compliance with all conditions of approval and applicable City ordinances. A follow up progress report shall be provided to the Commission one year from the date of the last 3-month review Failure by the operator to comply with all the conditions of approval, as amended, at any time, or because of continued complaints from the public regarding excessive problems directly attributable to the operation of the establishment, shall be cause for the possible revocation of the Conditional Use Permit by the Planning Commission. The business operator shall work with the property owner to establish a Business Watch program for the commeraal center to address issues related to came prevention and personal safety. CORRESPONDENCE. The original meeting date was advertised in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were marled to all property owners within a 300-foot radws of the project site prior to the Apnl 27, 2005 meeting date At that meeting, the Commission continued the heanng to May 11, 2005, where it was once again continued to June 22, 2005. The neighborhood was subsequently notified of this meeting date RECOMMENDATION• Staff recommends that the Planning Commission conduct a public heanng to discuss the issues raised by the public, assess the efforts of the operator at responding to the issues, and approve the proposed resolution containing the added conditions of approval. Respectfully submitted, Brad Buller City Planner BB MPD/ma Attachments: Exhibit A - Planning Commission Resolution No 88-242 Exhibit B -Planning Commission Resolution No. 88-242A Exhibit C -Recommendations from Residents dated Apnl 25, 2005 Exhibit D -Letter from Jim Olson dated May 3, 2005 (distnbuted under separate cover) Draft Resolution of Approval for Modification of Conditional Use Permit CUP88-45 y--do PLANNING COhA1ISSI0~SOLUTION N0. 88-242 • CUP 88-45 - SIAM GA N RESTAURANT December 14, 1988 Page 2 S (d) The application contemplates the addition of cocktails to the existing restaurant menu of oriental cuisine and beerMine. 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 paragraph 1 and 2 above, this Commission hereby finds and, concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Code and Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially in3urious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan. 4. This Commission hereby finds and certifies that the protect has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby Issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2, 3 and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. Planning Division 1. This approval shall apply to the serving of alcoholic beverages only. 2. Approval of this request shall not waive compliance with all sections of the Foothill Specific Plan, all applicable City Ordinances, Foothill Fire District requirements and Public Health codes. 3. Any modification, expansion or other change in operation will require a revision to the Conditional Use Permit. 4. All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. N--~ RESOLUTION N0. 88-242 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT N0. 88-45 FOR THE SALE OF HARD LIQUOR FOR ON-SITE CONSUMPTION IN AN EXISTING 2,160 SQUARE FEET RESTAURANT ON 4.05 ACRES OF LAND IN THE RANCHO CUCAMONGA VILLAGE SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF. - APN: 1077-621-34 A. Recitals. (i) Siam Garden Restaurant has filed an application for the issuance of the Conditional Use Permit No. 88-45 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application". (ii) On the 14th of December, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on December 14, 1988, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at the northeast corner of Foothill Boulevard and Ramona Avenue with a street frontage of 632.22 feet and lot depth of 280.96 feet and is presently improved with a Commercial/Retail Center; and (b) The application is for the incidental sales of alcoholic beverages as menu items in conjunction with the sales of food. (c) The property to the north of the subject site is residential, the property to the south of that site consists of a mobile home park, the property to the east is commercial, and the property to the west is ~J commercial. PLANNING COMMISSIOI~SOLUTION N0. 88-242 • CUP 88-45 - SIAM G N RESTAURANT December 14, 1988 Page 3 5. The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 6. The serving of alcohol in con3unction with restaurant usage may operate between the hours of 11:00 a.m. and 11:00 p.m. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: 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 r-egular meeting of the Planning Commission held on the 14th day of December, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CHITIEA, MC NIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EMERICK y= i3 ,, RESOLUTION N0. 88-242A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 88-46 FOR THE EXPANSION OF THE RESTAURANT AND BAR FROM 2,160 TO 3,240 SQUARE FEET, MODIFICATION OF THE HOURS OF OPERATION, AND TO PERMIT LIVE ENTERTAINMENT IN CONJUNCTION WITH THE RESTAURANT AND BAR LOCATED WITHIN A COMMERCIAL CENTER IS THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES g & S, AND HARING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A, Recit ale. (i) Fred and Urai Nelson have filed an application for a modification to Conditional Use Permit No. 88-46 as described in the title of this Resolution. Hereinafter in this Resolution, the modification to the conditional Use Permit request is referred to as "the application." (ii) On the 23rd day of October 1991, and continued to November 13, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga ae follows: 1, This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2, Based upon substantial evidence presented to this Commission during the above-referenced public hearings on October 23, 1991, and November 13, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of and8 feet and is presently improved with one multi-tenant commercial building; (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home park, the property to the east is a commercial building, and the property to the west is a service station. ( ~ ~ ~/~~~5~ ~ ~~ PLANNING COMMISSIO~SOLUTION NO. 88-242A • CUP 88-45 - SKIPPER'S BAR G GRILL ' November 13, 1991 Page 2 a (c) The application applies to the expansion of an existing restaurant, "Siam Garden," to be renamed "Skipper's Grill and Bari" and the serving of alcoholic beverages from 11:00 p.m. to 2:00 a.m. (d) The application contemplates the expansion of the restaurant and bar from 2,160 to 3,240 square feet including construction of a bar, stage and dance floor. (e) The application proposes to conduct live entertainment, consisting of small band, disc jockey, and comedians, from 8:00 p.m. to 2:00 a.m., seven days a week. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facto set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes ae follows: (a) That the proposed use ie in accord with the General Plan, the ob~ectivee of the Development Code, and the purposes of the district in which the site ie located. (b) That the proposed use, together with the conditions . applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code and Foothill Boulevard Specific Plan. 4, 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: Conditions• 1) The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 2) The serving of alcohol in conjunction with restaurant usage may operate between the hours of 11:00 a.m. and 2:00 a.m. 3) All doors shall remain closed during entertainment for noise attenuation purposes. The rear (north) doors shall be used only for • emergencies from 8:00 p.m. to 2:00 a.m. ~~ PLANNING COMMISSION~DLUTION NO. 88-242A • CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 . Page 3 4) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 5) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 6) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 7) Any modification, expansion, or other change in operation will require a revision to the Conditional Use Permit. 8) All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. 9) The dance floor maximum square footage shall not exceed 150 square feet. 10) if operation of the facility causes adverse effects upon adjacent businesses or operations, the conditional Uee Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 11) occupancy of the facility shall not commence until such time ae all Uniform Building Code and Uniform Fire code regulations have been complied with. Prior to occupancy, plane shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 5, The Secretary to this Commission shall certify to the adoption • of this Resolution. ~],`~ • PLANNING COMMISSION~SOLUTION NO. 88-242A • CUP 88-45 - SKIPPER' BAR & GRILL November 13, 1991 Page 4 a APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING COMt~SSION OF THE CITY OF RANCHO CUCAMONGA r BY ATTEST: • • I, Brad Huller, 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 13th day of November 1991, by the following vote-to-wits AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: CHITIEA, VALLETTE ABSENT: COMMISSIONERS: NONE N--/ n CIN OF RANCHO CUCAMONGA To; Brad Buller, City Planner for Rancho Cucamonga APR 2 5 2005 • CC: Planning Commission Members From: Residents surrounding Margarita Beach RECEIVED -PLANNING Date: April 25, 2005 Re: Recommendation from residents as follow up to community policing meeting, April 19, 2005 • Stop all Promotions. No Radio or Internet Marketing. No longer allow cheep drinks, i.e. - 2 dollar you-call-its, 50 cent draft beers. Advertising should only be done in newspaper, so that the public can have accesses to all publications. Currently all advertised promotions are done on radio and Internet web sites. • No Drink promotions! • Hire professional licensed security service, since the current security guazds have MINIMAL training. Minimum of three security guards on east and west side of the facilities, (i.e. -Ramon Market, and USA Carpet) Also security in parking lot to prevent any illegal drinking, and whatever security is required inside the business. If bar patrons do not comply with security request, the police will be called to handle the situation. • Do not allow customers to park behind the building. If the customers do, it is the security's responsibility to call the police or direct customer to designated parking area (in the front of the building). • Customers can ONLY park in front of the business. Any one walking in from offsite will be refused entry and told to retrieve caz and park in lot. • Once parking lot is full no other customers will be allowed in Mazgazita Beach. No matter what occupancy level is, the level in the parking lot is the real occupancy-since there should be no off-site parking. The problem with the lot being full creates overflow of Margarita Beach Customers to surrounding Neighborhoods, "Lot Full Signs" should be posted if the parking lot is full, if customers leave, and then the lot could be opened again until the lot is full. • For businesses that are in the center with Margarita Beach operating at the same hours (i.e. -Ramona Market and Sushi Bar) should be able to receive signs for their "customer parking only" in front of their business. After closing, quickly and quietly security will disperse all Margarita Beach customers from parking lot. No loitering, noise, fighting, loud music, or yelling from customers while leaving the lot. Have customers be considerate of ~J ~Xf~~6/T C' ~/~c 6~~a~s~ N-~ g s • • . ~ , neighbors, no squealing of tires or retying of motors. If necessary, a police presence will be needed from 1;30-tam to disperse cars. • After closing, security will patrol all neighborhoods to verify all Margarita Beach customers have left the azea. (We have had problems with customers in neighborhoods after hours.) • Portable signs, on the north and south corners of Estacia Ct, which would state "NO MARGARITA BEACH PARKING". Signs to be set by security personnel and removed after closing. • Doors must be closed at all times, to prevent music from traveling to Mobile Home Park. If door needs to be open, music will be turned OFF. Recommend soundproofing walls and windows of building to prevent base blasting across the street. • Landlord must attend the public heazing on May l la'to describe lease requirements and whether any complaints have come from other business tenants in the center about Margarita Beach. ~~ . r ~. Signatures of Residents, Submitted to the Rancho Cucamonga Planning Commission, Regarding requirements for Margarita Beach to implement for the security and the peace and quiet of surrounding residents. • . C i r'r~ nfi irP '~ 13 7 i~ ~d ~ • ~ Z sl ~, ~~ '~ `•^ Y Name/Print ~~ Address Signature i-~--~' LETTER FROM JIM OLSON DATED MAY 3, 2005 DISTRIBUTED UNDER SEPARATE COVER EXHIBIT D PC (~ a os i~ ~ N- City Council Mmutes February 2, 2005 o Page 8 ...... ~~ \ I. CITY MANAGER'S STAFF REPORTS' ~~ 11 Brad Buller, City Planner, stated hew d like to continue this in order for the City Councl to rewew the materials that were handed out MOTION Moved by Alexander, seconded Williams to continue the item to February 16, 2005 Motion carved unanimously 4-0-1 (Michael absent) .. ~~ J. COUNCIf, ~,SINESS ~~ J1 A report was presented by Councilmember Williams MOTION Moved by Alexander, seconded by Gutierrez to appoint Ang~Knox, Judy Gibson, Harry Gibson and Marian Nelson Motion carried unanimously 4-0-1 (Michael abse J2 LEGISLATIVE UPDATE (Oral) Councilmember Williams stated she and City Manager Jack Lam, met with then Assemblyman Bill Emerson in order to share our concerns and issues for our area She stated the ave him a list of protects that need funding and also asked him to protect RDA dollars She stated hew Id come to City Hall for a neighborhood meeting soon ,,.... K. IDENTIFICATION OF ITEMS FOR THE NEXT items were identified for the next meeting .,.... _ ~ - L. PUBLIC COMMUNICATIONS - ~III~ L1 REQUEST FROM EDWARD SANCHEZ TO DISCUSS "MARGARITAVILLE " c ~-~ City Council Minutes February 2, 2005 Page 9 Mark Davidson, owner of Margarita Beach, formerly known as Margaritaville, wanted to speak to the Counal about this matter and stated one of the neighbors near his business wants his business permd to be revoked He talked about the success of their business and that they have strived to be a good neighbor He stated they do respect the rights of the neighbors, but felt if problems arise, they should be contacted so they can correct them He stated they have spoken to Mr. Sanchez in the past and that Captain Ort¢ has assisted with their meetings He felt their meetings were successful and that one of the meetings even resulted in one of his employees being terminated He stated he has taken measures so that the customers do not park on Estaaa and that they have even picked up trash on that street He indicated he has given Mr Sanchez his personal phone numbers if there are any problems He stated he has never been contacted by Mr Sanchez and that there have not been any complaints filed against him He stated he respects the rights of Mr Sanchez and would like the opportunity to correct the problems that Mr Sanchez talks about Ed Sanchez, Estaaa, talked about how Margaritaville came into existence He stated they hold promotions that fill their parking lot He stated the overflow is on their street where people are dunking, leaving trash and having sex He talked about meetings he has had with former Rancho Cucamonga Captain, Rodney Hoops, and his staff He provided more information about their meetings and that the possibility of revoking their CUP was discussed He stated Mr Davidson stated he would have a bouncer to keep the parked cars in his parking lot and would also pick up trash from his neighborhood He told about an instance that occurred where graffiti was sprayed on his van He felt the owners of Margantawlle fill the kids with cheap liquor and send them out into the streets He felt this information should be referred to the Planning Commission for review He felt the City Council should do what is the nght for them Chris Cameron, Pasito, stated she lives perpendicular to Estaaa She stated she has watched gids in her neighborhood drinking and then proceeding to Margaritaville She stated they have had secunty monitoring the residential areas She stated they are constantly picking up beer bottles and that something needs to be done because of these problems that occur every weekend Kim Weishan, Pasito, stated she has had kids that are drunk knocking on then door and having sex in their parked cars Marya Black stated she has had kids having sex, dunking, and urinating in their front yard She stated the Police Department does not get their fast enough She stated that Margaritaville needs better security and something to take care of the parking lot overflow problem She does not want her kids to be scared any more Vicki Schimone, Pasito, stated she has had kids trying to break into her home because they are so drunk She is fearful for her kids' safety She stated the kids are sang at 1 00 and 2 00 in the morning and that she wants this to stop She stated they had been told there would be secunty on Estaaa and Ramona She stated she has filed reports with the Police Department and that she is tired of hwng this way Victona Sanchez, Estaaa, presented photos (on file in the City Clerk's office) of what the kids are doing in front of her house She told about all the problems they have had in front of her house, but added the biggest problem was her Father's van getting tagged with graffiti She stated she is so teed of this and hoped their CUP would be revoked Jim Olson, Estaaa, stated the problem he seems to have is after the closing of Margantavtlle He commented on what he finds Sunday mornings such as broken glass, vomit and trash on the streets He talked about the kids sang on the streets He did not feel the Police Department is doing enough He did not feel this behavior should be tolerated Betty Watkins, Estaaa, talked about the kids urinating in her front yard She wanted to make sure the neighborhood is safe for her grandkids and asked the Counal to consider this real hard ~~ Cdy Council Minutes February 2, 2005 °s Page 10 Rodney Trunnell, Estacaa, stated everything that everybody has mentioned has occurred at his house also He stated there was even a weapon found an front of his house He felt nothing has been done to help them from the meetings that have occurred with the Police Department Peggy Sanchez, Estacaa, stated they did not call Mr Davidson every time there were problems because at would not be documented through the Police Department She did not think this was a very safe situation for her daughter She stated the Officer that responded to her house one tame told her there were not enough Officers on the street to respond as quickly as they would like to She encouraged Mr Davidson to pay for better security and have a bouncer that will do something to help them Emily LaQuay, Pines Mobile Home Park, stated she does hear the kids from the bar racing on the streets Larry Laberto, Estacia, stated he as tired of this and can't take at any longer He stated he as tired of people urinating in front of his house He did not feel the bouncer as doing his )ob He asked that they get their neighborhood back Pat Stevens, Pines Mobile Home Park, stated the noise from the kids makes her mobile home vibrate She added that Mr Davidson, the owner of Margaritavalle, has been fair and has offered to help with the noise Counalmember Gutierrez stated both sides have been heard and felt the City needed the Planning Commission to analyze this for the next step He stated the City Councl cares and wants to find a solution He felt Mr Davidson should be treated fair and deserves his day an court He asked what kind of a detriment there as by having the liquor store an the same center He stated this should be looked into as well He felt this should be referred to the proper department He felt Mr Davidson would do what he could to fix the sduataon Mayor Alexander felt nine years is too long for these people to put up with this He felt the business should be closed until this problem as remedied, but knew the City Council could not do this He felt the people that are wandering the neighborhoods drunk should be arrested He stated this would be looked into Counalmember Williams stated this would be investigated and that the liquor store monitored too so it could be brought into this discussion She suggested all the businesses should be looked at an that center L2 John Lyons commented on the restaurant grading system and did not agree with some of the problems this could be creating L3 Jim Moffat, Red Hill Coffee Shop in Rancho Cucamonga, stated some restaurants are putting their grade an the wandow even though at as not requared He stated the Health Department comes an and gives them corrective criticism, and some of those comments are not related to the food He felt there was a lot to be considered before people are given a grade to put an their wandow He talked about the food handler's permit that restaurants are requared to get He dad not feel the restaurant should be given any tougher problems L4 A lady (who dad not identify herself) thanked Mayor Alexander and Counalmember Spagnolo for their concerns and encouragement they gave people to come to the Animal Shelter Subcommittee meeting tomorrow She stated at as at 1 00 p m at City Hall •f~lR• E ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00052 -VAN DAELE DEVELOPMENT CORPORATION -The review of site plan and elevations for59 single- family homes on 19 acres of land within the Low-Medwm Residential District (4-8 dwelling unrts per acre), located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue - APN• 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58. Related files~ Tentative Tract Map SUBTT16776, Variance DRC2004-01002, and Tree Removal Pemtit DRC2004-00701. Staff has prepared a Negative Declaration of environmental impacts for consideration (Continued from February 9, 2005) Dan Coleman, Prinapal Planner, presented the staff report with the request the items be continued to the March 23, 2005 meeting He said that the consultant assisting the property owners to the west of the proposed project had called and reported that they are making progress m resolving their issues and that the continuance would give them more time the firnsh that process. Chairman MaGas opened the public heanng to anyone that might not be able to attend the continued heanng at the March 23rd meeting There was no response Chairman MaGas closed the public heanng. Motion: Moved by McPhail, seconded by Fletcher to continue Items C, D and E as requested. Motron tamed by the follovnng vote. AYES- FLETCHER, MACIAS, McPHAIL, STEWART NOES NONE ABSENT: McNIEL -tamed ..... DIRECTOR'S REPORTS F REVIEW OF CONDITIONAL USE PERMIT 88-45 MODIFICATION AND ENTERTAINMENT PERMIT 91-03 -MARGARITA BEACH AND CONDITIONAL USE PERMIT 94-01- RAMONA MARKET - A review of the business operations located at 9950 Foothill Boulevard - APN: 1077-621-34. Brad Buller, City Planner, reported that the request for the Evidentiary Hearing was brought to the Commission as a result of the concerns presented to the City Council at then February 2, 2005 meeting by Mr. Edward Sanchez and 13 other residents in regard to the business operations of Marganta Beach. Mr Buller explained that two permits are held by this business, a Conditional Use Permit and an Entertainment Permit He added that the Conditional Use Permit for Ramona Market is also being discussed He commented that testimony and evidence is being received tonight only for the purpose of determining if a public heanng is warranted and to consider and review the uses, specifically Marganta Beach and Ramona Market He explained that the reason a Conditional Use Permit (CUP) and Entertainment Permit (EP) were required for these businesses is because the CUP allows them to serve alcohol m conjunction with their use, the EP (which only applies to the bar) gives them the ability to have a level of entertainment as described m the permt He noted that both permits are subbed to review that can occur whenever a resident, Counalmember or member of the Commission feels it is appropriate He said tonight they would only receive testrmony to detertnine'rF a heanng is waranted He noted that notices were mailed to the neighbors that addressed the Councl, the owners of the center, Margarita Beach, Ramona Market, and also Alcoholic Beverage Control (ABC) He mulled the neighbors to speak, but that they not repeat each other. He added that the owners of the businesses would also be mulled to speak as well as anyone from the audience Mr. Buller reported that Sergeant Paul Morrison from Police and staff from Code Enforcement were m attendance at the meeting and that they would be available if the Commissioners had any questions He explained that because of the many letters received from the neighbors, he asked Polrce, Fire, and Code Enforcement to prepare a report of the calls made to this Planning Commission Minutes -3- March 9, 2005 ~~ location over the last 3 years He noted that their reports may not be all inclusive as evidence and that the Commissioners may request at a future time a more detailed report if further investigation is • deemed necessary. Chairman Macias opened the public hearing Ed Sanchez, 9869 Estacia Court, Rancho Cucamonga, stated he has lived here for 20 years. He reported that he spoke at the February 2, 2005 City Counal meeting He commented that although the two members of the City Counal directed the Planning Commission to include Ramona Market in their investigation, he said that out of 13 neighbors that spoke, not one mentioned the market as being a problem or concern. He added that he believes the market should not be incuded in this investigation and he believes they did nothing wrong. He commented that in 1996, Skippers was sold to Mr Davidson and the business changed its name from Margantaville to Marganta Beach at a later time, but that problems began to occur even when the business was named Margaritaville. He mentioned that problems with traffic, parking in the neighborhood, people bringing their own ice chests of alcohol and dnnking it in their neighborhood, unnation in public and noise, as some of the issues about which he spoke to Mayor Alexander in a telephone conversation. He reported that he later met with Lt Nelson and Mr Davidson and two of the neighbors two years ago in hopes of resolving these issues He said at the time, Mr Davidson was told he could not hold promotion events and that if he could not confine his business operation to his property, that a review of his CUP was possible He said that they amved at some solutions such as not allowing special promotion nights, only allowing the cars to cross the streets at certain points, hinng a bouncer, and trash pickup. He said he then contacted Captain Pete Ortiz (the new incoming Captain at the time) to inform him of the problems and to re-emphasize the agreement He said he had another meeting that was attended by Captain Ortiz, several of his neighbors, Mr Davidson, and two representatives from the mobile home park located on the south side of Foothill Boulevard He stated that Mr Davidson's compliance with the agreement was good for a while, but then reverted back to having a promotional event in January. He said the result was an overflowing parking lot and graffiti. He commented that this business has aNvays been a bad neighbor. He added that examples of the types of promotions held are included in the agenda packet He noted that these promotions attract the young party types He remarked that the owner of Marganta Beach bragged that he had 1 7 million dollars in gross income with over $200,000 in taxes paid to the City He said the real question is, "Is maintaining a high quality of life a pnonty of City officials7" Victona Sanchez, 9869 Estacia Court, Rancho Cucamonga, identified herself as the daughter of Mr. Sanchez, the prior speaker She said a bouncer hired by Margarita Beach actually directed a patron of the bar to her home She said he had been told her father was a City Council member and he was told there was an ordinance against parking in the street She said another patron asked why he was told he could not park on the street She recalled that on one occasion a pickup truck occupied by two dnnking men was partially blocking her dnveway She said she asked them to move and they did and they apologized, but she said this problem has gone on too long She stated that the noise was bad during the summer and they could not open their windows at home. She added that now bouncers had been posted at the comer and that they added to the litter already created by the patrons of the bar Marya Black, 8022 Pasito Avenue, Rancho Cucamonga, said she has lived in the neighborhood for 5 years and she has two young children She stated patrons of the bar were having sex in front of her house She said she has since installed double pane windows and an alarm system She noted trash, unnation in public and cars doing "donuts" in the street and screaming and yelling as adddional concerns She said she does not feel safe and she added that she does not believe it is the patrons of the market causing the problems • Vicky Seimone, 8016 Pasito Avenue, Rancho Cucamonga, said she had submitted a letter of complaint listing her concerns about Marganta Beach. She said that their street is very short and from 11-1 30 a m ,there is a lot of traffic on the street She reported noise, vomit in her planters and Planning Commission Minutes -4- March 9, 2005 ~~~ problems with people unnating in public She said one patron was so drunk, he toed to break into her house because he did not know where he was He then went into her backyard and toed to get • in again She added that when he was unsuccessful, he went into her neighbor's backyard She sa(d when the police amved, they drove him home She added that she has 5 children and she believes Mr Davidson should move his business to another location Kim Wesson, 8010 Pasito Avenue, Rancho Cucamonga, said she has Irved on the streetfor27years and in Rancho for a total of 30 years She reported that her eldest son, who is now 30 years old, frequented Margarta Beach when he was younger She commented that it was upsetting when he would come home drunk, but at least he was not dnving home. She asked why he no longer goes there, and he said it is because it is such a young party crowd and that people that go theretustwant to "score " She said she has concern for the safety of the other young people that frequent this business She added that there are many young children on her street She commented that she believes the Commissioners would not allow this business to continue operating nextto their homes. She said Mr Davidson and Counclman Gutierrez have recently been examining the area and nothing is really going on now. She said it is really bad dunng the summer, but that it has been a problem for 9 years Sarah Moussani, 8032 Pasito Avenue, Rancho Cucamonga, said she has had problems moth safety, trash, cars, bottles, and public unnation She said the parking has become a problem to the point that there is no parking available to those visiting her home She said she has concern for her 16 year old. She said she has Irved there since 1982 and wants the business to be moved. She said she has always had good neighbors and she would like to keep it that way Chnstine Read, 9999 Foothill Boulevard, Rancho Cucamonga, stated she lives in The Pines mobile homes She said she wakes up 4 out of 7 rnghts at 2 00 a. m because of noise coming from the • parking lot She said the nose often continues until 3 00 a m. when all the cars have disbursed She said she often hears girls screaming and car alarms going off She said she called the police and at first they responded, but no longer do. She said the police said they have a license for playing the music She said she loses valuable sleep because of the noise and it is difficult because she has to leave for work early in the morning She said sometimes she thought young ladies were in trouble because of the screaming She said the loud music has been fumed down some but she believes this club is in the wrong location. Chns Cameron, 8017 Pasito Court, Rancho Cucamonga, said female patrons of the bar park on her street at around 9 00 p m ,apply their makeup, get dressed, and when they leave, they leave behind bottles and cigarette butts for her to clean up. She said she is in the process of adopting 3 children. She remarked that she is concerned about-these activities being observed by the State workers when they make their home visits She said she wants these children not to be denied the possibility of having a good life She said these children should not see the things that go on with these patrons She added that headlighis from the cars beam into her windows even through the blinds She said she hears tires screeching, dogs barking, and yelling and screaming every weekend She remarked that Councilman Gutierrez suggested they gate off their entire block She indicated to him that she did not want to pay for permits because of the bar operation She said she thought Rancho was a community where you could leave your windows open and not have to worry about it. She added she now has secunty concerns particularly with not knowing what intowcated people might do. Rob Evans, 9823 Palo Alto, Rancho Cucamonga, said he has been a resident since 1989 and he supports the Ramona Market He gave kudos to the Mayor for a previous complaint he had regarding head shops He reported that following his call to the Mayor, the head shops disappeared He said that was good customer service He said the owners of the market are like family and call him by name He mentioned that the market is convenient and they are a positive influence in the neighborhood. He commented that he does not know what the best solution is for Margarita Beach, but he feels the market should not be involved Planning Commission Minutes -5-~~ March 9, 2005 Larry Liberatore, 9870 Estaaa Court, Rancho Cucamonga, stated he also favors the market. He said the club has poor business practices He said the owner claims he does not know about the problems associated with his busmess. He reported that for the last 3 weeks, there have been visible secunty guards employed by Marganta Beach He said he had not seen any in the last year. He said last weekend, the guards could be seen pacing up and down his street with flashlights. He said the need for guards in front of homes is indicative that there is a problem. He said he should not have to worry about activities taking place in his front yard every weekend He said this busmess does not belong this close to homes and they want their neighborhood back. Adam Evans, 9823 Palo Alto, Rancho Cucamonga, said he is a student at Rancho Cucamonga High School He stated that the owners of Ramona Market have been falsely accused and is a gnevous mistake, that the problems are being caused by Margarita Beach. He reported that there are liquor stores all over town and you never hear of debauchery like this and it is because they are located next to an unruly bar He said it is unfair that the Ramona Market is grouped in with the people of the bar He said at Ramona Market, like many local grocery stores, you get good service. Jim Olson, 9805 Estaaa Court, Rancho Cucamonga, cited problems with patrons vomiting, unnatmg, and having sex m his front yard He said there are car chases on the street. He said on Saturday and Sunday mommgs, there are bottles and litter in the street He said he had checked the police calls for 2005, and thus far, 15 calls had already been received for Marganta Beach. He said at that rate, more calls will be received than in previous years. He said for the last 20 years he has observed Rancho Cucamonga change from a rural setting to a more upscale community He noted that this type of busmess would not be tolerated on the east side of town near Victona Gardens and he said he did not know why it is being tolerated in his neighborhood Emily LeQuay, 9999 Foothill Boulevard, Rancho Cucamonga, stated she has been a resident for 10 years She reported noise, traffic and screaming coming from Marganta Beach She said Rancho Cucamonga is a nice community but this bar is out of place. She added that she has never had a problem with the market. Peggy Sanchez, 9869 Estacia Court, Rancho Cucamonga, said she appreciated Mr Butler's responsiveness to their concerns. She noted she believes the Ramona Market should not be included m this review She said the owners are a hardworking family, good neighbors, and are not a problem She said the club continues to disrupt the neighborhood and she finally installed an alarm m her home She noted that Rancho Cucamonga has grown into an excellent city but that to the east of Haven Avenue it is very nice but to the west you have places like Twins and Marganta Beach She commented that if this busmess requires a high level of services from police and fire, then the City really cannot afford to spend its resources on them and that if their demand is too high, perhaps they do not belong in Rancho Cucamonga at all. She recommended a review of their permits Betty Watkins, 9880 Estaaa Court, Rancho Cucamonga, stated that all the concerns have been previously mentioned and she is requesting the help of the Planning Commission. Trish Stevens, 9999 Foothill Boulevard, Rancho Cucamonga, said that the management of Margarita Beach had previously been told their patrons could not park along the fence on Foothill Boulevard She mentioned speeding cars and loud music She noted that she called the police and the police did not respond She reported that she also called the manager and he did not respond either. She said she has teamed to wear earplugs She stated she collected 40 signatures on a petition in opposition of Marganta Beach She said she reviewed the 5-year report and was surpnsed that the operation is within acceptable noise levels She reported that her mobile home literally "rocks" from the noise She said she is 76 years old and should not have to put up with this. She said she • received 5 more signatures today to add to the petition and presented them to the secretary. Commissioner Fletcher asked if the noise is from the parking lot or inside the club Planning Commission Minutes -6- March 9, 2005 ~--a~ Ms Stevens stated the door to the club is often open, therefore it would be from the club. Hilda Phillips, 11248 Terra Vista Parkway #85, Rancho Cucamonga, said she wanted to address an . issue related to Central Park and asked to whom should the letter be addressed. Mr Buller said she can direct her letter to the Chairman of the Planning Commission and all of them wdl be given a copy of the letter. Elian Backhous, 9950 Foothill Boulevard, Rancho Cucamonga, stated he recently took ownership of the Ramona Market from his parents He said they have operated the market for 20 years and they treat the business and their community like their home. He reported that they have never received a complaint and have even been complimented and thanked by the Department of Health Services for refusing alcohol and tobacco sales to minor decoys. He mentioned that they have never been ticketed and they stnctly enforce their carding rules ahead of any profits He said their neighbors have a nght to live in peace Commissioner McPhail asked him for their hours of operation. Mr Backhous said they are open Monday through Thursday, 8-11 p m , Fnday and Saturday, 8-12 p.m ;and Sundays, 8-10 p m. Commissioner Fletcher asked if patrons from Marganta Beach buy liquor at his store Mr. Backhous said once m awhile they do, but they usually buy tobacco. Mark Davidson, 9950 Foothill Boulevard, Swte 5, Rancho Cucamonga, stated he is the owner of Marganta Beach He said he is shocked and embarrassed and claimed he did not know anything • about the charges until recently He said he visits this neighborhood regularly and still did not know about the problems but he said he would like to explain how he plans to correct the situation. He said he canvassed the neighborhood and gave a letter to all of the neighbors, which he read into the record The copy of the letter was received and filed by the Planning Department Secretary He then read a 10-point list of suggested solutions for the neighborhood and an 8-pomt list of solutions for calls for service, copies of each were received and filed by the secretary for the record Mr Davidson then explained that 2 1/2 years ago he agreed to place a secunty guard at the market to discourage his patrons from parking there He said people continue to park there. HQ said he will now place a guard on Estaaa Court and that he was not aware his other measures were not working. He said that Mr Sanchez indicated the problems were solved at their last meeting and he never-heard-anything different He reported that he believes-there are 2-3.vehicles that park m this area from Marganta Beach and that the other 5-7 vehicles are overflow cars from the neighbonng apartment complex He said Captain Ortiz indicated there was no need to furthercondition or evoke his permits. He said that Captain Ortiz also recommended a review in 3-6 months He said he has been operating these kinds of businesses since he was 14 years old and his mother and grandfather did it before him He said he likes doing it, he's too old to team anything else and too young to retire, so he will do a better~ob and continue to run this kind of business. James Reiss, Reiss & Johnson, Attorneys at Law, 10593 Foothill Boulevard, #410, Rancho Cucamonga, stated he is legal counsel for Mr Davidson Mr Reiss stated the staff report in the agenda packet is filled with self-serving information with no real evidence to back it up. He said there have not been any violations of the laws, ABC, code enforcement, fire or police codes against Mr Davidson's establishment. He did not feel the Planning Commission had the authority to ask for a heanng when no regulations, rules or conditions were violated. He stated that he did not believe there is enough evidence that would show this business operation is contrary to the peace, safety . and general welfare of the public He commented that nothing has been submitted that substantiates the neighbors' claims of vandalism or violence that can be directly attnbuted to Marganta Beach He said he understands why the report was requested from the City CounGl Planning Commission Minutes -7-2n March 9, 2005 `-~ meeting and that he viewed the tape of that meeting He said we should take a common sense approach " He reported that Mark Salazar of Code Enforcement did not indicate any problems wdh Margarita Beach He commented that he does not support the recommendation. He said that the high number of calls to the police, when examined, could be simply a bar check, a lost phone, occupancy check or vandalism that was reported somewhere near the bar and that none of these could be directly attnbuted to Margarita Beach He said that the statement made by Captain Ortiz should have been requested by Mr Buller and included in the agenda packet. He said detailed, supportive evidence is missing and rt makes it difficult to make a cntical analysis. He encouraged the Commission to dig deeper He said Sergeant Momson would give a favorable report and that Mr Davidson has an excellent relationship and communication with the Police Department He claimed that there have not been any problems since the concerns were reported to the City Counal at their February 2, 2005, meeting He reported that half of the calls made to the Fire Department were canceled before they arrived on the scene. He stated that there have been no violations of overcrowding or excess services needed by the Fire Department He said their memorandum supports Mr. Davidson's position and not Mr Butler's recommendation He remarked that the lerier submitted by Mr Sanchez states Marganta Beach is a sleaze business He stated this is not a moral issue He said the claims that the bottles found m the neighborhood were from unrelated activities and not from Marganta Beach He stated he believes the City has never revoked a Conditional Use Permit in the past, that the City only required a modification He commented that he believes shutting down the business is not the solution, but proper regulation and operation of the faality is He said Mr Davidson has been very responsive and came "with his hat in one hand and an olive branch m the other" and asked that he be given a chance to run his business better. Mr. Reiss claimed there is no need for a public heanng, that the recommendation for the heanng should be tabled and that if the City proceeded, it would be step 1 of a 3 or 4 step legal battle. He suggested a meeting with the neighbors and Mr Davidson to come up with solutions He added that the business has never violated any regulations and none of the official agenaes have ever issued any written citations for violations He commented that the Twins bar has as many calls for service as the Marganta Beach location and they only do 1/2 to 1/3 the amount of business. He said there are other bars up the street He claimed that Mr Davidson is being singled out He said to find a solution rather than fight At 8 35 p m., the Planning Commission recessed for a break They returned at 8 40 p.m. to continue the public heanng. Chairman Macias announced that they would continue with the public testimony and if there was anyone that had already spoken, but wanted to address the Commission again, could do so, however, he would not entertain an ongoing debate between diffenng parties to take place. James Colbreath, 7421 London Avenue, Rancho Cucamonga, stated he is a student at Rancho Cucamonga High School He indicated that London Avenue is perpendicular to Palo Alto He reported that the Ramona Market is a great place to shop and he is a regular customer there He said parking is an issue. He suggested that the CUP could be modified, but that the bar patrons wall not change and they /ust want to have fun and that the bar may not be m the right place. Vicki Seimone, 8016 Pasito Avenue, Rancho Cucamonga, said she needed to clanfy some things from her previous remarks to the Commission She noted there was a typographical error on her letter (street name) and she asked that it be corrected She said only a few cars park on her street but that many cars pull into the street and then turn around, creating a traffic problem She said Mr Reiss' comment regarding no formal reports being filed is m error because when the patron from Marganta Beach tned to break into her neighbors home, the police were called and they drove him home She said he even admitted he had come from Marganta Beach and that is positive proof that there is evidence the business directly affects the neighborhood. i Planning Commission Minutes -8- March 9, 2005 ~~~ Barbara Olson, 9805 Estaaa Court, Rancho Cucamonga, said she attended the meeting held 2 years ago and that she had dealt with the issues for the last 9 years She said she is tired of all the . "uninvited" people on her street. Cnstina Cameron, 8017 Pasilo Avenue, readdressed the Commission and stated she attended the meeting 2 years ago, but that no one else knew about it. She said that when she observed patrons of the bar parking on her street, she called the manager and the manager would re-dared traffic. She said that made the patrons mad and then they would leave broken bottles behind. vdona Sanchez, 9869 Estacia Court, Rancho Cucamonga, returned to the podwm to address the Commission a second time She reported that she is not comfortable with a secunty guard on her street She remarked that if the bar really is not a problem as the owner states, then there should not be a need for a secunty guard She added that the guard adds to the problem because he flashes his lights into their windows and then leave their trash behind. She noted that the cars associated with the apartment complex have window ID stickers on their cars and the neighbors are all familiar with those cars and she knows the owners of those cars are not the dnnkers from the bar She added that her car was vandalized She commented that the cars belonging to the bar patrons are like cockroaches, when the lights go on, they scatter She remarked that she rs 20 years old and would never go into that kind of establishment and would never get drunk in a neighborhood because in her opinion, d is trashy Chnstine Read, said there was an accident one night that involved one of the bar patrons She said the dnver pulled out onto Foothill Boulevard, attempted a -U-turn, and drove into a block wall across the street in front of the Pines mobile home park. She noted that there must have been a record of that because the City had to pay for the repair of the wall She also reported that a medical helicopter had to be called in to airlift a patron that had slashed her wnsts. Chairman Maaas remarked that he felt the Commission understands the community impacts but • asked that any additional remarks or testimony be limited to new information/issues that have not been discussed Mark Davidson, 9950 Foothill Boulevard, Suite 5, Rancho Cucamonga, said he had personally reviewed the calls for service attnbuted to this location and that he felt they are not specifically related to the bar activities He claimed he did not know about the impacts on Pasito Avenue. He said this should be solved in a meeting in an office He said if the neighbors don't like the security guard, they can call him and that he wants to solve the problem. He suggested they meet vnth him and come up with a solution and give the solution time to work and if that does not work then we could try something else. He said after 3 or 4 times of trying solutions and if the solutions still don't work, then the heanng process would be appropnate He commented that at that time, the Commission could place additional conditions on his Conditional Use Permit if he is unable to make the changes himself He said he would give rt his best effort. Commissioner McPhail asked Mr Davidson if he serves food at Marganta Beach. Mr Davidson said they have a full menu such as steaks, fish, chicken etc He said he used to manage a Red Robin restaurant and that he substantially copied their menu Commissioner McPhail asked what hours they serve the food Mr Davidson replied that they serve until 10 00 p m. Commissioner Fletcher asked what the legal capacity of the bar is. . Mr. Davidson said 233 persons Planning Commission Minutes -9-~ March 9, 2005 Peggy Sanchez, 9869 Estacia Court, Rancho Cucamonga, returned to the podwm and asked if the police representative would be answering questions or would address the issue. Ed'Sanchez, 9869 Estaaa Court, Rancho Cucamonga, asked if the staff report is public because he wanted to go over the police report in particular because of the level of staff that is needed to respond to the calls at the business location. He mentioned that we have had problems staffing during the hours that the problems most often occur. Chairman Macias closed the public hearing Commissioner Fletcher asked Kevin Ennis, Assistant City Attomey, to clarify the action before them this evening. Kevin Ennis, Assistant City Attomey, said the action is to consider the Conditional Use Permit and Entertainment Permit for Margarita Beach and the Conditional Use Permit for Ramona Market He said the question was raised as to the authority of the Commission to set a hearing for revocation He noted that when the original permit was approved, provisions were made speafically as listed conditions, that if the operation of the facility had an adverse affect upon adjacent businesses or operations, the CUP shall be brought before the Planning Commission for consideration and possible termination of the use He said the Entertainment Permit has similar language including considering the adverse affects on adjacent businesses operations or residential uses. He said these are the terms and conditions that give the opportunity and right to conduct the use or activdies and the terms under which they are subject to and give the right to be reviewed by the Commission if it is determined there are adverse affects He noted that "Municipal Code Section 17 04 030G gives the Planning Commission authority to periodically review any conditional Use Permit "to ensure that it is being operated in a manner consistent with Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity If after review the Commission deems there is sufficient evidence to warrant a full investigation, then a public hearing date shall be set " He reported that the provisions for review for Entertainment Permits is also included in the staff report He noted that per Muniapal Code Section 5.12 100, the Planning Commission has the authority to suspend or revoke an Entertainment Permit if, following a notice and hearing, the Commission finds that the pennittee "violated any rules, regulations or conditions adopted by the Planning Commission relating to the permittee's business or pertnit• or conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public ." He said this is the legal test as to whether the Commission could move forward to a public hearing. He added that there is no requirement for a formal notice or violation issued by the Alcohol Beverage Control (ABC), Police or Fire Department determination to show there was a legal violation of a code He said the decision can be based on testimony and that dared eyewitness evidence presented by the speakers is sufficient on which to base the detenninaUon He stated that when and if the Commission decides then; is enough evidence to set a hearing, and the hearing occurs, then counsel will provide the Commission with advice at that time to determine if there is enough to warrant revocation of the permits. He remarked that this is not the time or the evidence upon which that deasion will be made Commissioner Fletcher clarified that the hearing for revocation does not have to result in a'yes' or a 'no' but can result in additional conditions. Mr Ennis said that is correct He said that the Muniapal Code provides the Commission can make 3 determinations 1) find the CUP is being conducted in an appropriate manner and that no action to modify or revoke is necessary; 2) find the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary, or 3) find that the CUP is not being conducted in an appropriate manner and modifications are not available to mitigate the impacts and therefore revoke the permit requiring the operation to cease and desist within the time allotted by the Planning Commisswn. Planning Commission Minutes -10= ~ March 9, 2005 Chairman Macas asked for Sergeant Mornson to present his report and comments stated he has been t rt men , Sergeant Paul Momson, from the San Bernardino County Shenffs Depa at the Rancho Cucamonga station since 1987 He said Captain Ortiz assigned him to review the call log for Marganta Beach and the center located at 9950 Foothill Boulevard. He explained that certain locations are used as landmarks by the responding officers in their reports, which sometimes , means that if an officer simply pulls over a car near that center, that center's address will be named or Margarita Beach in this case, could be named as the speafic location He said he reviewed 700 sed to see if the bar was specifically involved in the calls t ' ' was u Margan a calls in which the word or if it was lust used as a landmark and that he was personally responsible for making that listed , determination. He said 412 calls were duectly related to Marganta Beach or Margantaville in the last " a call 3 years He commented that of those 412 calls, some could have lust been a "bar check, related to dnving under the influence, a car stop, vandalism in the parking lot or lust checking someone in the lot If d was a call at 2 00 a m and the person was drunk, then there would be a high probability that the call was related to the bar operation, but there is a factor of error Chairman Macias clanfied that the bottom line what he did is subtective based upon assumptions that he has made. Commissioner Stewart asked if his department had a cnme analysis umt so that a dissection of the call log could be done. Sergeant Momson stated that they do He said the system is much more difficult to determine details after the calls logged are over 90 days old. Commissroner Fletcher asked if he could recall how many calls came in after midnight Sergeant Momson said he did not know. Commissioner Fletcher asked if he could recall how many came in after 2 00 a m Sergeant Momson replied that he did not know He said if he was worlang with a time fadorof 1000 p m to 3 00 a m ,unless it was indicated as Marganta Beach it might not have related to them Chairman Macias closed the public hearing Commissioner Stewart asked if Code Enforcement had anything to add or give a response. Alison Rowlen, Code Enforcement Officer, stated she had nothing to add. Mr Buller commented that Code Enforcement and the other departments were asked to review the entire center for calls for service He noted that there are numerous code enforcement violations, property maintenance violations and sign violations in the center. He noted that there was a comment made that Marganta Beach and Ramona Market did not violate any codes. He added both businesses have illegal signs and one of their conditions states they must follow the sign ordinance He remarked that Planning staff did not ask a listing of all violations for purposes of this review, but only asked for calls for service Commissioner Stewart suggested that before they act on setting the Evidentiary Heanng, they remove Ramona Market from the heanng She added that there is nothing that would indicate conflict with them or that they should be responsible for the problems they are expenencing there. She said she believes Mr Davidson is being responsive to the problems that he was aware of, but based upon the 412 calls received, she felt they should set a public heanng She commented that the peace and welfare of the public have been affected and that the business is matenally intunous to individuals and property She noted that 12 people had been intured in altercations related to thrs Planrnng Commission Minutes / A March 9, 2005 3 business and fudging from the call history thus far for this year, the number of calls for 2005 is likely to be higher than in previous years She said that of those 412 calls, 119 of them resulted in police reports and that is a high volume for calls for service She said she would like to set a public heanng 6-8 weeks out, and that would allow time to have the owner meet with the various departments and neighbors She added that she would like the call history to be dissected by the type of calls and the time of the calls. She directed staff to do acommunity-policing protect to include a mediator ff necessary to mediate between the business and the neighborhood She stated that she would like to see Code Enforcement, the neighbors, the Police, Engineering and those involved with the streets, and any violations of signage noted to help this business remain successful where it is currently located. She said she believes Mr. Davidson is making a good faith attempt and that it is possible much of this could be resolved before the hearing takes place She remarked that this would require a lot of work and that she is asking for staff to step in and it will require a mutual effort. Commissioner McPhail agreed that Ramona Market should be removed from the request fora public heanng. She reported that on page F-30 of the agenda packet, Condition No. 1 of Planning Commission Resolution No 88-242A speaficelly states that alcohol may only be served when the full menu is available and when the full menu is no longer available, alcohol may no longer be served. She remarked that we heard tonight that the full menu is no longer available after 10 00 p m. She said she wants this addressed and recommended a public heanng be set Commissioner Fletcher commented that the public does not need to wait 2-3 years to complain and that they can request a review at anytime He stated he believes that the City Council asked for the review of the market because of the beer bottles found in the neighborhood and on the streets. He said it is unlikely that a barwould allow someone to walk out of the barwith beer bottles in hand He said there was concern that it may have been beer purchased at the market and not in the bar He said he did not believe that was the case He added that there are numerous sign code violations throughout the center and asked that be addressed and asked Code Enforcement to do a separate review of the signs He said that should be discussed specifically He commented that there is a concern regarding the parking, the capacity of the bar, and the cars that overflow into the neighborhood He stated that there is enough evidence to support a public hearing for examination Chairman Macias stated that the action being taken is only to determine the need to conduct a public heanng to modify or revoke the Conditional Use Permit and Entertainment Pemnt for the bar and the Conditional Use Permit for the Market He concurred about the impact of the bar on the community and that he believes a public hearing is in order He said they should follow Mr. Davidson's attorney's suggestion for a common sense approach He cautioned staff to provide the proper evidence and that it needs to be solid and detailed from Code Enforcement, the Police and staff, so d is ready if the process ever reaches the point of revocation He said if the public heanng addresses issues that include a report from Code Enforcement, then the report could include the market. He said a public heanng is lust that, it could go either way He remarked that he was encouraged by Mr Davidson's desire to rectify this and that he hopes much of this will be resolved prior to the public heanng He commented that he is encouraged that the owner posted security guards, but found it interesting as to why they are even needed He suggested that there is enough evidence here to legally support their action to hold a public heanng He said he supports the idea of precluding Ramona Market from the action, but asked for a review of the code violations for the entire center He supported a heanng in f"r8 weeks to modify or revoke the CUP and EP for Margarita Beach and to preclude action against the market. Mr Buller noted that setting the heanng for April 27th may allow for the necessary meetings but if more time was needed, the item could be continued at that point. Motion Moved by Stewart, seconded by Fletcher to set an Evidentiary Public Hearing, slated forthe April 27th meeting as requested by staff. The Planning Commission agreed to remove Ramona Market from the primary action of this heanng Motion carried by the following vote: Planning Commission Minutes -1. March 9, 2005 DRAFT Bob Gallishaw, 3419 ~a Lido, #438, stated he represents G 8 L Commercial He reported that along with the conversion to condominium units, the prolect entails the total face-lift of a dated, 30- year old structure. He said the renovation takes the existing Spanish style to something much more updated. He said the change would also change the units from multi-tenant rentaVlease units to'Yor- sale" condos. He remarked that their company has been very successful doing this. Vce Chairman McNiel asked what would happen to the current tenants if they were unable to purchase their unk. Mr. Gallishaw commented that some wdl not be able to buy, but with the liberal loan programs offered by the Small Business Administration (SBA) with only 10 percent down, many wdl try to do so. He noted that rents also rise for businesses that continue to rent elsewhere instead of buying their space. vice Chairman McNiel asked for clanfication of the time line. He asked if when the conversion from rental unit to purchase occurs, when does the rental contract expire for the current occupants. Mr. Gallishaw stated that as soon as the map is recorded, the conversion would begin and that the units would then be offered for sale. He reported that all the month to -month tenants would be offered the option of purchasing their unit or vacating. He said that all the tenants have been made aware of the conversion plans and some of the tenants are making their arrangements already. Commissioner Fletcher asked if there would be 52 units and what size would they be Mr. Gallishaw noted that the units range in size from 1,200 square feet to 4,000 square feet for a total project size of 100,000 square feet He commented that many purchasers would buy multiple units to accommodate the needs of their businesses He remarked that he does not expect 52 transactions to take place but more than likely around 30. vce Chairman McNiel closed the public hearing. Commissioner McPhail said the prolect is straightforward and is in the best interest of the community. Commissioner Fletcher said the renovation lends a nice enhancement to a tired building. Motion: Moved by McPhail, seconded by Fletcher, to adopt the Resolution of Approval for Tentative Tract Map SUBTT17424 as presented. Motion tamed by the following vote: AYES• FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS -carried ..... C. CONDITIONAL USE PERMIT 88-45 AND ENTERTAINMENT PERMIT 91-03 -MARGARITA BEACH - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity The Planning Commission will consider modification or revocation of the approved Conditional Use Permit and Entertainment Permit. (Continued from May 11, 2005) Mike Diaz, Senior Planner, presented the staff report. ~ce Chairman McNiel asked the Commissioners if they had any questions of the staff report. Planning Commission Minutes, ,3:, ~ DRAFT June 22, 2005 CRAFT Commissioner Stewart asked if the driveways and entries are blocked on Ramona Avenue, how would that be handled and who facilitates that. Mry Diaz reported that either barriers would be placed by the Margarita Beach staff and/or a security guard would be stationed at the Ramona Avenue driveway to direct patrons leaving the site to e~dt directly onto Foothill Boulevard instead of using Ramona Avenue. Brad Buller, City Planner noted that staff has worked with the City Engineer, that staff has been very cautious, and that we are trying to prevent a traffic problem on the public right-oi way. Commissioner McPhail asked what time Mr. Buller and Mr. Diaz visited the ske. Mr Buller reported that it was shortly after 11.30 p.m. He commented that although they did not ask for a menu that night, people were eating. vce Chairman McNiel opened the public hearing. James Reiss, 10535 Foothill Boulevard, Suite 410, Rancho Cucamonga, stated he is legal counsel for Mark Davidson, the applicant He noted that he was here for the meeting in March and that at that meeting 21 people testified regarding the business operation. He commented that he would like to move forward from this point and not rehash old issues. He said much of what was presented at the time were things that occurred pre-2005. He said he would like the Commission to define what they would hear from the residents. He said he would like their focus to be on what has been done since that time to address this issues presented at the prior meeting. He commented that in his estimation, the empirical evidence shows that onlytwo calls had been receiJt:d overthe lasts-month period that could be directly attributed to the business operation of Margarita Beach. He said he would like to limit the comments of the residents tonight to specifics of the last 4-6 months so they can address it He said that he takes the view that, "if there was no police report, than ft did not happen." He noted that Mr. Davidson does not object to the conditions in the resolution. He commented that if the discussion becomes directed towards the issue being a moral issue, or whether or not the operation is allowed, that we are not here to judge that there is a bar, we are here to determine if they have violated some code or some zoning issue as it relates to the business operation. He said he and Mr Davidson support the adoption of the report and resolution and ff there were any fine-tuning on the conditions, Mr. Davidson would be open to that. Mark Davidson, 9950 Foothill Boulevard, Suite S, Rancho Cucamonga, stated he is the owner of Margarita Beach He noted that many_changes have been made to be sensitive to the neighbors concerns and that he wants to deal with the facts. He remarked that his business is not the sole cause of the problems being reported by his neighbors and that the residents have overstated the problems He said that he would accept sole responsibility for making the corrections to all the issues. He claimed that since the meeting with the City Council on February 2, there has not been one single call for service to the Police Department from the neighbofiood. He enumerated his changes that are now in place as follows: 1. Provided security on Estacia Avenue to prevent their customers from parking in the neighborhood. 2. The security guards are no longer rotated for better consistency and effectiveness. 3 The local residents are prohibited from walking to and from Margarita Beach to prevent noise issues on their return home. 4. His staff inspects the neighborhood for trash 3 times a day. He (Mario Davidson) personally inspects for trash 2-3 times a day. ^ Planning Commission Minutes ' ~ nRAFT June 22, 2005 PT v'( CRAFT 5. The west exit onto Ramona is closed at 1 15 a.m. to ensure traffic is directed onto Foothill Boulevard instead of the neighborhood 6. He personally canvassed the neighborhood and requested input and suggestions from the residents and gave all of his phone numbers and a letter to the residents so that he could be contacted in the event of any problems. 7. He attended the City sponsored meeting with the neighbors to work on theirconcems and he promised to attend any future neighborhood watch meetings. Mr. Davidson stated he set a goal to reduce the calls for service (police) to address the nuisance issue, and he believes there were only 6 calls in the last 3 months, 4 of which were police initiated „ " and that 2 of those calls were for regular bar checks. He estimated a decrease in calls of about60- 90 percent over a 2-year period. He commented that this was accomplished by making the operation of this business his top priority He contacted Police Captain Ortiz and Sergeant Morrison on a weekly basis and set up monthly meetings to discuss the issues, he offered bonuses to his security personnel to encourage them to be proactive; he added parking staff; he increased his security staff; he put into place a cab voucher program to transport customers home free of charge; he evaluated and reduced the number of advertisements distributed to reduce the overflow uowds. He said that between Planning Staff, Fire, Code Enforcement, ABC, and the Sheriff, his business has had over 100 random inspections in the neighborhood and that the Sheriff even performed uniformed and undercover checks of the premises. He said three City Council members personally checked the neighborhood. He reported that among all of those checks, not one person reported any evidence of his customers impacting the neighborhood since the last meeting. He said there was limited evidence supporting the complaints prior to the February 2 meeting. He said there is no evidence following that meeting. He said that he was quoting Captain Ortiz of saying that "if there was no report then it did not happen." He commented that Mayor Bill Alexander canvassed the neighbofiood and he could not find any complaints and he congratulated him for his efforts He said City Planner Brad Buller and Senior Planner Mike Diaz stated he is doing a good job, he is cooperating, and there was nothing else he could do except maintain the current standards. He noted that Captain Ortiz said repeatedly he is impressed with Mr. Davidson's cooperation, he sees no evidence of impact on the neighborhood, and he saw no need to restrict the Conditional Use Permit. He said the most recent complaint from the residents is that they do not want him to offer drink specials and they object to the models shown on his flyers He said he has been stealing the models photographed in his ads from Frederick's of Hollywood and from Vctona Secret foryears and they should direct their complaint there. He said if the Commission has any guidelines for the advertising he should use then he will comply. He noted that he has shut down his website because the neighbors found it objectionable. He commented that there is a concern that he will revert to the old way of doing business once this review is all over. He commented that Planning staff is suggesting new conditions to prevent "backsliding and that the neighbors can request a review at any time. He said he would hope in the future, he could work directly with the neighbors to resolve any issues. He said the only neighbor he has heard from since the last meeting is "Pat." Commissioner Fletcher said Mr. Davidson asked if the shutdown of the website is temporary or permanent. Mr. Davidson said d you guys want it to be permanent then it is permanent. He added he has no intention of starting rt back up. vce Chairman McNiel commented that Mr. Reiss requested that comments be restricted to information relevant to the last 5 months and although he (Vice Chairman McNiel) believed that was a pretty good idea, he would not enforce that He said he is a firm believer that everyone should have a say in the matter but that he asked that those offering testimony not dwell on issues that have already been corrected. He then opened the public hearing. Planning Commission Minutes ~~~ ~R AFT June 22, 2005 CRAFT Christine Cameron, 8017 Pasito Avenue, Rancho Cucamonga, stated the residents' families are in • attendance tonight including the 2 children she is adopting. She commented that the advertisements/flyers sent out by the applicant indicate BYOB, but in this case, the last'B' does not mean bottle. She said this is the kind of traffic that is coming in their neighborhood. She said she does not want this activity occurring within 1,000 feet of her home. She said they have not had the same kind of problems since February, but that they have had to do a lot to keep their families safe from this business. She said it is shocking with everything that has gone on. She said they have had to put up with a lot of problems. She noted her children ask why there is a security guard on the street. She said there should not be a need for one. Commissioner Stewart asked when the flyer she referred to was sent out Mrs. Cameron referred to another unidentified speaker in the audience that replied, "2 weeks ago." Mrs. Cameron said it has been difficult to explain to her 6-year old as to why there is a need for severity, i e., "well honey, we have a bar that is really close, and the reason he is there is because he has this kind of traffic that we don't want you to deal with so he (the bar owner) has to put the security there in order to make our lives a little bit more comfortable in our neighborhood." Commissioner Fletcher asked what she has experienced in the last 3 months. Mrs Cameron said there has not been anything going on because of the security that has been put in place But that is what had to be done in order to live the life we want in our neighborhood. David Mosher, 8026 Cambridge Avenue, Rancho Cucamonga, stated the rear of his house abuts the rear of Margarita Beach He reported that he has called at least 6 times this year and some of those calls occurred in the last 3 months He said he can verify that with his cell phone records and he does not understand the information regarding calls for service presented by Mr. Davidson. He stated he still experiences issues with noise, car horns going off, customers urinating along the bads wall, illegal parking in the back alley, customers yelling obscenities at each other, customers using the emergency exit which his understanding was not allowed by law, and cars racng in the bads alley. He said he has Irved there 2 years and had he known this was going on in his own backyard, he never would have moved to Rancho Cucamonga. He quoted an officer when he called for ~~ -service was, "what do you want us to do, they are drunks. He said he was shocked and offended, R needs to stop and that the business has become a nuisance. He added that last night there were two guys loudly singing to one another in the open emergency exit He said the police must have had-numerous calls, because when_ihey called, they were put on hold. He presented a petition bearing 28 signatures from his nearby neighborhood streets that states, "We the undersigned hereby ask the Rancho Cucamonga Planning Commission to consider revoking or suspending Margarita Beach's Permits for being a public nusance, repeatedly disturbing the peace, not abiding by the Law, and encouraging public drunkenness." Commissioner Stewart asked if he had placed his calls every other week since February. Mr. Mosher said he attended the last meeting with the Planning Commission. Commissioner Stewart asked if he was aware of the problems noted such as public urination. Mr Mosher stated that he was present at the last meeting and yes; the calls were placed after that. He remarked that a neighbor had damage to his property and now he has felt the need to install dual pane windows to mitigate the noise, he can't sleep anymore. Commissioner Stewart asked if he ever directly spoke to the owner al Margarita Beach. Planning Commission Minutes q ~R' `F • June 22, 2005 ~~ / ~R~-FT Mr. Mosher stated he had not, he called a couple of times and he could never get through. He commented that his neighbors are tired from dealing with this for the last 9 years. He said he has no's seen any changes. Vcky Scimone, 8016 Pasito Avenue, Rancho Cucamonga, expressed gratitude to the Police Department for upholding their promises made to the neighborhood since the previous meetings. She said she has noticed a marked increase in police presence and they now have a neighborhood watch program in force. She commented that she fears the presence will leave once the issues have been resolved. She remarked that she believes Marganta Beach is an obvious detriment to the community and they allow their customers to behave uncaringly in the neighborhood. She stated that Mark Davidson and the City have ignored the complaints about Margarita Beach for years. She said Mr. Davidson, in spite of his claims to the contrary, was aware of the problems being caused by his business. She reported that he had two previous meetings with Mr. Sanchez and the police. She said the residents would no longer allow their quality of life to be stripped from them by this establishment. She remarked it is no longer just Mr. Sanchez vs Mr. Davidson; it is all of the neighbors. She noted it was not until his permits came into play that Mr. Davidson showed any care for what was happening to his neighbors. Ms. SGmone said that she is frustrated with the lack of performance from the office of the City Planner and that they have accomplished nothing by going through his office. She commented that this indicates a bias toward Margarita Beach. She said she feels they have jumped through hoops such as to renew their Neighborhood Watch program, attend a mediation meeting to resolve issues pnor to the public heanng, and meet with the other residents to formulate ideas to restore their quality of life. She remarked that they attended the mediation meeting and it was a toke in that Mr Davidson was given full reign to speak and the residents were hushed if they wished to make a point or challenge things that were said. She added that nothing was resolved, the ideas formulated by the residents were refected by the City, and so they came up . with another list of suggested conditions as requested by the City. She noted that the new list had 14 recommendations and only one of the conditions in the resolution is from their list and that no repercussions are being imposed on the establishment She said the City Planner's office showed total disregard for their complaints and for what is best for everyone involved. She added that words like "shall" and "will" are replaced with "possibly" and "maybe " She claimed that the City Planner has no intention of enforcing the Conditional Use Permit. She stated that considering all of the evidence presented in past meetings and in this meeting, Marganta Beach is clearly and blatantly defiant in regard to their permits She said she believes Mr Davidson should be penalized heavily - for the infractions to send a message to all-business owners that the City will-not tolerate the disruption to the community due to the said defiance. Commissioner Fletcher noted that-she-had mentioned the hst of suggestions. He asked if she had read the staff report and the changes to the conditions. Ms. Scimua dsalSheaefered to the I stshown in the agenda pack tcshown as PagesIG12 and G secunty g 13. Commissioner McPhail asked if things had been better in the last 2 months. Ms Samone stated they are extremely better, and in a specific incident the security guard was helpful She said the issue is that this is the third time they have asked the City for help with a business that is in clear violation of their Conditional Use Permit and Entertainment Pernd. She asked what penalties are going to be imposed on him for these violations. She stated that nothing is being done in that regard She remarked that they will be back before the Commission in 6 months . „ because when the "heat is off, things will go back to where they were before just like the two times Pes dents' time and the City's Ume. She sa d hews taking that away f om usn enough is entoughhe Planning Commission Minutes ®RAFT June 22, 2005 ~R~,FT Jean Mosher, 8026 Cambridge Avenue, Rancho Cucamonga, said he lives within a few hundred feet of the back of the building, reported that noise is still an issue. She indicaied that the nature of the business is such that it does not belong where it is. She remarked that the Commissioners would not like this business in their backyard. She added that when the wind blows it is smelly, you could smell the urine. Jim Olson, 9805 Estacia Court, Rancho Cucamonga, expressed his disappointment of the recent actions of the Planning Commission. He stated the current conditions are totally inadequate and without ment and that they do nothing to address the problems presented by Margarita Beach and that it is like putting aband-aide on a broken artn He stated that although Mr. Davidson promised to cease his radio and promotional advertising, the ads have resumed on 103.9 FM. He said Mr. Davidson has redefined the nature of the business without any consequences and it appears there are factions in the City that favor Mr. Davidson. He claimed the establishment began as a restaurant with anallary serving of alcohol and now it is a nightclub. Mr. Olson referred to the Municipal Code 17.04.090/Adult Entertainment Business section. He stated the business is located within 1,500 feet of residences and that Margarita Beach is not located within the Industrial Area Specific Plan, and therefore these activities place the business in violation of the Municpal Code. He mentioned that he believes everything asked of the residents so far have been "dilatory tactics employed by the City." Mr. Olson stated the City is allowing Mr. Davidson to conduct business as usual. Mr. Olson asked the Commission what they fear and "what is the power Mark Davidson lords over the City?" He commented that if the City has not found any violations it is because they are not looking for them. Mr. Olson stated that anything less than a total review of the permits should be forwarded to the City Counal and anything else is unacceptable He referted to Municipal Code Sedion5.12.100, which states that suspension, or revocation of a permit should be considered if the pennittee has "conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public " He added that sections of the Resolutions of Approval for the Conditional Use Permit and Entertainment Permit have provisions within them that state that the permit will be brought to the Commission for review for any adverse effects such as public health, safety morals, or welfare, illegal, improper or disorderly operation of the business. He also cited the adverse effects on adjacent businesses, operations, or residential uses. Mr. Olson demanded that the Commission do its tob. He then ated the 2001 General Plan which states the Planning Commission states: "A belief in our families and the need to promote their well-being," and that they also resolved to "A determination that our citizens and their property would be secure " He stated that we now have a -"red fight distnd" and nothing has been done: - -- Commissioner Fletcher commented that Mr. Davidson is on his best behavior because "his feet have been put to the-fire " Commissioner-Fletcher asked rf Mr Davidson's business operation is any better. Mr Olson said he has found some beer bottles He noted they have improved because they had to. He remarked that the real question is what type of business is he running9 He stated his permitwas for a restaurant with incidental sale of alcohol. He remarked that that is the same permit he is currently operating under without changes or amendments He asked how we could allow this to snowball and degenerate into what it has become He said what he has is not the same thing. He added that this is an unfair situation because the residents did everything the City asked them to do and favor is being given to Mr Davidson and the City is not enforcing its own policies. He said that he is in direct violation of what we have set and he could not understand why the City has not enforced that. Commission Fletcher said that is why we are here today. Mr. Olson remarked that over the course of the last 9 years the residents have become a problem. He added that they are not going away and they will not let this type of business impact their quality of life, nor let their children, families and the elderly to continue to be impacted by this. ~/\~1 ~ June 22, 2005 Planning Commission Minutes , t-8; ~, ~R~FT Barbara Olson, 9805 Estacia Court, Rancho Cucamonga, presented for the record a postcard ertisement for Marganta Beach, found m the parking lot since the last Planning Commission ad v meeting. She remarked that the BYOB means Bring Your Own Bitch. She said other people apart from the customers of the bar go into this shopping center and people should not be exposed to this type of business operating in her neighborhood. Victoria Sanchez, 9869 Estacia Court, Rancho Cucamonga, said she was only 13 years old when the hez used the overhead projector to make her S M anc s trouble with this business first began resentation displaying copies of advertisements and flyers for various promotional events held at p Margarita Beach. She pointed out an advertisement fora "grand opening" on June 16 and noted that She produced many pictures, and motions d . io pro Mr. Davidson claimed he had stopped his ra promotional advertisements allegedly photographed at the business. She commented that his restaurant is really adult entertainment (Copies of the pictures are included in the official record). H included pictures of his staff approaching the cleavage of a bar patron with his tongue. She said the She included a photo of a patron taking a V egas. behavior is more indicative of a nightclub in Las "sex shot" (alcohol is poured into the mouth of a patron that is in a lower position beneath a scantly ' s rear clad waitress). She produced pictures of waitresses' rear ends and them grabbing each other ends, girls fondling and licking each other's breasts. She pointed out a patron whose breasts were en "making out" She f t wo wom only covered with "pasties." She also displayed a photograph o pointed out the dress code posted outside the door that does not allow tank tops but they allow " " party Pimp and Ho women to attend practically nude. She displayed an advertisement fora 000 for the best pimp and the best ho. She also had were offered a prize of $1 t , rons wherein pa pictures of a patron smoking within the establishment, which is llegal m bars in California. She said eiterated that this activity is not what you would Sh b t e r si e. these pictures all came from their own we see m a restaurant, it is a red light district, a nightclub, and a sleazy bar. nal Use Pernik ti d C o i on Peggy Sanchez, 9869 Estaaa Court, Rancho Cucamonga, stated that the s the business is a restaurant but it is really a nightclub She noted that even the Clark telephone sa y directory 2004-2005 lists Marganta Beach wiihm the nightclub section of the directory; d is not for the business are not typical of a h ours advertised as a restaurant. She reported that the restauranUbar with a 2 00 a m closing time. She mentioned that food is served and remarked that what he advertised is tacos and the like. She noted that Mr. Buller and Mr. Diaz did not stay late enough to really see what is really offered late into the night She said it really appears the focus of -the business is as a nightclub She noted that the-copy of the Entertainment-Rennet-(EP)-should have been attached to the report and that it is not adequately addressed m the report. She asked iewed in conjunction with the CondiRional Use Permit (CUP) l b t e rev so a that the Entertainment Permi -a specific restriction against adult entertainment be added. She said she has a and that at the least , concern with the draft resolution including the hours of operation, specifically Condition No. 13 olution indicated that when 50 percent capacity l i res gina should reflect 8 00 p.m. to 2.00 a m ;the or the number of security personnel would go from one to two, but now it has been bumped is reached , up to 75 percent; the original CUP has some different verbiage than the EP, such as in Condition No. h e 10. She noted the EP refers to impacts on the residential uses. She expressed concern that t d then the permits wll be rubber-stamped. ft t ou , an CUP wll be talked about; the EP would be le She stated that entertainment is the primary focus of this business and they should be reviewed together. She added that the level of investigation has not been enough. She noted that for City that surprise visits need to be s not enough 30 , p m. i staff to go to the business one time at 11 She said to check the security. She commented that the City should have an implementation made ' . reasonable and monitoring plan. She said he (Mark Davidson) is out of compliance and that a idson is an experienced businessman, he has D M av r. person' could see that She reported that owned bars his whole adult life, and that he should know all the conditions and rules to follow and ff he does not, then his attorney should advise him. She commented there are stll noise issues and that she placed a call on May 15. She said the police would send someone out, but it was close to closing time. She added that for being located on Historic Route 66, people visiting our City, people h town are exposed to these patrons and she has not throu d drivin ti g g on an coming home from vaca observed many police considering the drunks on the road. She said that the Commission should not Planning Commission Minutes, , 9;~~ ~~A~T June 22, 2005 CRAFT make a deusion tonight, take their time, that 4 or 5 modifications are not enough, it is a start, but it is not complete and they need to review the Entertainment Permit. Rodney Trujillo, 9889 Estacia Court, Rancho Cucamonga, remarked that the security that has been placed directly in front of his property has made an impact but there are still negative impacts as well such as loud confrontations from the patrons of Margarita Beach (with the security guard) and seeds and cigarette butts left behind by the security guard He asked if the guard could be placed across the street instead. Commissioner McPhail asked if there is still a problem with trash, seeds and cigarerie butts in the last few months. Mr. Trujillo stated the seeds and butts remain, but the other trash is removed. Kim Wieson, 8010 Pasito Court, Rancho Cucamonga, stated she has been a resident for 27 years and a businesswoman for the last 15 years. She noted that it was a mce neighborhood, but now there are orange cones in the street and guards at night, but that the situation has been better recently She asked why should they even have to have a security guard. She added that the Commissioners do not have one on their street. She said she gets home everyday at 5 p m. and is around the house all weekend, but she could riot recall anyone coming to her street to talk to her or her neighbors. Larry Libatore, 9870 Estacia Court, Rancho Cucamonga and has been a resident for22 years, stated their problems have not changed, security is present on their street every weekend. He noted that two weeks ago there was a loud argument between patrons and the security guard as to why they could not park on his street. He added that the previous Sunday morning there was a confrontation that was broken up by security and he called 911, but by the time the police amved, the people were gone. He wondered why the business would risk one of his employees to confront these people. He said these people need constant supervision by the City and the Police Department. He added that he would like parking restrictions on his street as a suggestion. Sara Moussavi, 8032 Pasito Avenue, Rancho Cucamonga, stated she has been a resident for 23 years and-that she supports the position of her neighbors. She said they are being truthful in what ---they have reported -She remarked-that she is appalled at this business operation. She said she has a 16-year old and it is difficult enough to raise children these days without this kind of influence. Ed-Sanchez,-9865 Estaaa Court; Rancho Cucamonga, said that what was a restaurant with a bar became a nightclub bar with entertainment as the primary activity and that entertainment is the primary cause of all the problems He said the Planning Staff has only offered 5 recommendations, none of which address the Entertainment Permit He noted that if staff had visited the business after midnight they would have observed the loud activity at closing time. He commented that they are still experiencing noise problems at the Pines Mobile home park. He remarked that Mr. Davidson claims ignorance of some conditions, but that Mark Davidson sent a letter to Brad Buller in 1996 detailing the conditions of his permits and the letter stated he understood and would comply with those conditions. He stated that Mr. Davidson changed the nature of his business without authorization from Planning. He commented that Planning has the responsibility to review both the CUP and the EP and if both were not addressed, then it would not be a thorough review. He remarked that he believes some of the City departments (Police and Planning) are supporting Mr. Davidson and therefore they are not getting to the core issue, which is the Entertainment Permit He said Planning give this a through investigation and review as well as the City Attorney to verify that all of these "shenanigans" of changing and altering his business are looked at and dealt with properly and that we are enforcing those permits. He said he hopes the Commission wild return this to Planning for a thorough investigation. ~ce Chairman McNiel allowed the applicant's attorney to offer a rebuttal. Planning Commission Minutes~~ ~~ CRAFT dune 22, 2005 ~R~FT James Reiss, 10535 Foothill Boulevard, Suite 410, Rancho Cucamonga, commented that although the residents believe the Police and Planning staff have an agenda to support Mr. Davidson, but thl;re is no empirical evidence to support then belief. Mr Reiss stated that the three main problems detailed in the staff report (noise, overflow parking and loitering) have been solved. He remarked that the criticism of Mr Davidson by Mr. Sanchez would never come to rest until he is driven out of business He reiterated that Mr. Davidson has not violated the law and he is in compliance. He said it is a moral issue dealing with things such as dress code and the flyers distributed and that he is in compliance with all the laws He stated that no matter what his client does, it would not be enough. He commented that you could propose changes that could condition an owner out of business orwill you attempt to create balance He noted that staff supports moderate changes. He said it appears to be a moral issue, but without violations/empirical evidence from the Police, Code Enforcement, ABC, and the Fire Department, then no one can say they should close down the business. He reported that he has attempted to accommodate the residents, Police, Code Enforcement, and the ABC and if they want more, they can ask Vce Chairman McNiel closed the public hearing. He thanked everyone for their participation and commented that everyone took some hits but that he was determined the meeting would be conducted in an orderly manner with no shouting matches. He reminded everyone that this is an open meeting and nothing is done behind closed doors. Commissioner Stewart asked the Assistant City Attorney, Kevin Ennis, to define adult entertainmenUnightclubs/bar- restaurant per the Muniapal Code. She commented that she could not see why so many pointed out chat they believe we are not addressing the Entertainment Permits. She noted that the staff report clearly addresses the fact that the Entertainment Permit is clearly tied to the Conditional Use Permit and both are being reviewed. She also asked Mr Buller to explain how they should address the issue of the Entertainment Permit. Kevin Ennis, Assistant City Attomey addressed the question regarding whetherthis constitutes Adult Entertainment He said Adult Entertainment business is categorized by the Development Code Section 17 04 090 He reported that there is a category noted as'Adult Cabaret' which is defined as, "A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on_'Specified Sexual Actvities' or by exposure of 'Speafied Anatomical Areas' and/or feature films,-motion pictures, video-cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of'Specified Sexual Activities' or 'Speafied Anatomical Areas' for observation by patrons " He continued with the a -definition of 'Speafied Anatomical Areas' as in part,". the female breast below a point immediately above the tops of the areola." He added"that'Specified Sexual Activities' includes, "...the fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttocks, or female breast..." He noted that the question is whether this is an adult entertainment business. He said that rf in fact these photographs submitted as exhibits are from this business, there are some that do qualify into these two categories. He suggested that if it is determined this is the predominant type of activity of the facility/business and are they creating avenue/situation where they allow people to present themselves in this manner. He said that there is some evidence that goes in that direction and that rt is engaging in an adult entertainment business that is not permitted in this zone. He stated that staff can verify the facts further and code enforcement, and if this is exemplary of the activities and if so, there is a violation of the code. He noted that there are two distinct categories in the code and that there is a difference of category for a Bar and a second category for a Restaurant and Bar, but not a separate category for a nightclub. Mr Buller noted that in the Development Code within the Foothill Boulevard Section of the code is Community Commeraal, Subarea 3 and in that matrix describes the various land uses allowed in that subarea He noted that a cocktail lounge/bar lounge/tavern including related entertainment use is a conditionally pertnitted use in Subarea 3 He added that the category of restaurants/sit-down, there are 4 categories including a restaurant with entertainment and/or/with cocktail lounge and bar Planning Commission Minutes ~1 ~ ~r / ~R /""AFT June 22, 2005 `J CRAFT ~. or incidental serving of beer and wine and cocktail lounge. He said these are all subject to • Conditional Use Permits (CUP) on this piece of property. He commented that the Conditional Use Permit is the parent use and that you cannot have an Entertainment Permit (EP) without a CUP. He noted that the EP is currently on hold and is up Tor review and will not be acted upon pending the Commission's action on the parent CUP. He said it has everything to do with the use and the selling of alcohol and the entertainment. He said the new CUP resolution addresses both permits. Mr. Ennis added that the business operation is operating pursuant to previous discretionary actions. He said the original application was for a restaurant and that was followed by a permit for alcohol. He reported that it then was modified to serve alcohol nicdental to the operation of the restaurant use. He said that the Commission has the authority to require the facility to operate principally as a restaurant. He said if you are concerned about how this facility is operating as something else, the Commission could look at standards, conditions etc to require it to ensure it operates principaly as a restaurant. Mr. Buller replied that one of the residents offered an alternative and that is to limit the hours of operation, which would address the late hour issues. He said they are all in their purviewto consider tonight Commissioner McPhail commented that the original intent of the Conditional Use Permit was for a restaurant with the nicdental serving of alcohol with food. She noted that at the last public heanng for Margarita Beach, Mr. Davidson admitted that they stopped serving food at 10 00 p.m. and that k became a different venue after that hour. She said they caught themselves on that and made the changes. She said she believes they are not upholding the original intent of the CUP approved in 1991 and that they are in violation of other issues; the business has harmed the neighbors; a security guard is there, cones are set up, and the neighbors have put up with far more than what good neighbors would put up with. She commented that if this were a new business, we would not be allowing cones, blocked driveways, security guards and noise She said we would not want to have that and that we would not believe that is an appropriate land use. She added that she believes they have violated their CUP. Commissioner Fletcher acknowledged the dilemma of the situation noting that he is sympathetic to the neighbors concerns that seem to have gone on for years In response to the comments that indicated staff was not doing anything about the situation; he explained that the Commission must follow the process in the investigation and review of the business. He said that this business is a conditionally permitted operation and can be reviewed at anytime and that the public has that power in their-hands.-He said it is disturbing that this went on for 9 years and we had not heard anything about it He explained that the first contact was to the City Council, not the Planning Commission, and when the issue was presented to the Planning Commission, the Commission was regwred to first have a public heanng to determine d there was enough evidence supporting the complaints as per the Development Code regulations. He noted that this (tonight) is the first time the Commission as a body could say direct things about Mr. Davidson's business operation and that evidenced by the residents' comments, the business owner has made attempts and has made significant improvements in the last 3 months. Commissioner Fletcher said he reviewed the website and believed from the stare that the website would probably cause him more problems than anything said here. He found the website disturbing as well as the promotional materials. He said that staff would have to determine if there are Code violations and that this type of a business that encourages and promotes young people to come and get drunk will cause problems in a neighbofiood. He remarked that if the promotions continue, the problems associated with the business would not go away He commented that the business operation has gotten out of hand, a little exaggerated and it is his (Mr. Davidson's) responsibility to control it and operate it within the confines of the permit. He noted that . the residents mentioned then list of recommendations. He pointed out that some of those recommendations are incorporated into staffs recommendations and some items could not be used because the City has no legal control, such as offering a .25 (cent) beer. He commented that Mr. Davidson's attorney said the business has no empirical evidence of violations, but Commissioner Planning Commission Minutes J~-12~~ ~R AFT June 22, 2005 ~ -`-C"'y ~~A,FT Fletcher remarked that the photographs are evidence and the website pictures were shocking such • as a banner on the wall that says, "Eat and drink and get fat and drunk." He said the promotion err"~ourages behavior that will be problematic for his business. He said he agrees with staffs recommendations in the report. He said he is curious about the continuing problem with people hanging out at the rear of the building considering it is an existing condition of the use permit that this not be allowed. He said he would support the review periods outlined by staff with the exception of the final progress report. He commented that there should be two 6-month reviews. He said the applicant will be on a tight leash and his feet are being held to the fire but they have made improvements and that he recommends the Commission adopt the recommendations as presented by staff with a modification to the frequency of review and approve their permits subject to those changes and subject to the future comments of the neighbors. He noted that if there are any further disturbances, the residents should let the Commission know because the CUP can be reviewed at any time at their suggestion. Commissioner Stewart commented that this business went from 400 police calls in 2002 to 2 calls. She remarked that this is significant and it says we are going in the right direction with this business. She added that some of the calls were self-initiated and the police are performing well. She noted that this is the first time this business has been reviewed by the Planning Commission, and although the residents have experienced problems for 9 years, it was only brought to us in February from the City Council. She said that at that time we asked you (the residents) to work with staff and Margarita Beach towards a resolution She noted that most of the residents have testified tonight of some improvement in the last 3 months. She commented in regard to long-term management of thrs business operation, we cannot afford for the police teams to be solely dedicated to this business operation. She concurred with Commissioner Fletcher in that if this resolution went fonrvard, she would recommend a shorter, more frequent review period for this business operation such as a & month review followed by another 3-month review followed by a 6-month review and again followed by another 6-month review to keep their feet to the fire and that they would rely on communications from the neighborhood if there are continuing problems. Commissioner Stewart then said that she believes they are bordering on adult entertainment and that we may be operating something in violation of our Code and the zoning and we are moving outside the original parameters of the permits in that this is no longer a restaurant She noted that there should be more regulations in the Resolution She recommended they not take action tonight and that the review of this business go back to stall to evaluate the zoning and the adult entertainment issue She added that it is not her --goal to shut down the business-but-this is the first step was to ad"dress the regulatory-issues. She stated that the number of calls has been reduced and things are generally better in the neighborhood. She said the placement of cones and security is not a good solution but there are other issues that can be resolved. -She recommended the review of the operation be referred back to staff to work with the group and with Margarita Beaclito ad additional regulations but thaYshe rs more concerned with the possible zone violations. Vlce Chairman McNiel referred to the information included in the agenda packet, which gives a chronology of the business. He noted that in 1988 we had a nice restaurant; in 1991 they added a bar to the restaurant followed by the adding of entertainment He explained that the original Entertainment Permit was for a small band, disc jockey and a couple of comedians. He noted that this is not what we have today, that the business operation has changed dramatically and goes beyond the limitations of the Conditional Use Permit. He contended that based upon what we have seen today, the Commission has the right to pull their permit and close their doors. He noted that we have seen improvements and the possibility exists that we could change this and go back to the original restaurant use. He pointed out that if the Commission takes action tonight, to close the public hearing, then they miss the opportunity to give it back to staff. He said the requirements need to be strengthened, that this operation is not what we agreed to in 1991 and initially he thought he would pull their CUP, but he decided sending it back to staff was the best option. Commissioner Fletcher asked if they could adopt the additional conditions and continue the hearing so that staff can further review the business operation. S ~ ~~ Planning Commission Minutes 13- Lf J~ June 22, 2005 1--~ ~~o ~R~FT • ice Chairman McNiel stated he would prefer to continue the item and stiffen their conditions Commissioner Fletcher said it may not need more stiffening and would depend upon how Mr. Davidson operates it in the future. He said that if Mr. Davidson continues operating it like he has, then there is a good chance he will be out of business when we review it in the future. Commissioner McPhail explained she does not have a background in the restaurant business and therefore asked siaff to help the Commission formulate conditions that transforms the business bade to a restaurant use chat serves anallary adult beverages then what ~t has become. She said she did not feel qualified to come up with those conditions this evening. Commissioner Stewart said she is not in favorwith what Commissioner Fletcher is suggesting. She noted that staN needs to have further discussions with Margarita Beach and they may elect to do other things based upon what this Commission has said tonight and they may r1ot. She said it might not be appropriate if there is a potential zone violation then the Commission should not take action, ice Chairman McNiel interjected and said they are "over the line." Commissioner Stewart continued and suggested they get staffs help, that staff can work with the business and let them take the time needed, and that additional conditions wilt not be sufficient right now because they have other things to deal with. Brad Buller commented that we did not know if the direction of the Commission would be more conservative and with the evidence presented by Ms. Sanchez and the attorney's comments alluding to this being evidence of adult entertainment, it would take a lot of staff hours to evaluate that, its • degree and frequency and it is likely that if we visited the facility now, we would not see that happening He remarked that the photographs are evidence that ~s was occurring and has occurred on site and that is assuming they were taken on site in that facility. Commissioner McPhail asked for concurence and direction we would like them to take. She said she would like to see it go towards a restaurant She said they have a couple of options, either for staff to work with the owner to head in that direction or for staff to come up with a set of conditions that would predicate that is what absolutely has to happen. ice Chairman McNiel said he supports the business operation going back to a restaurant use. - Mr. Buller commented that if the Commission is directing we continue the hearing, R is likelythat staff would need two weeks to come up with more neighborly/conservative conditions such as the recommendation to revert back to the 50 percent parking requirement, revert bads to the 8.00 p.m. requirement, add security guards, minimize the hours of operation that would be more conducive to a neighborhood restaurant He added that the Commission wants staff to work with the owner, then 30 days would work, two weeks may not be enough. He added that the attorney says there may be enough evidence to say that this business is operating as an adult entertainment business He said the photos presented are evidence that these activities were and are occurring. vice Chairman McNiel asked that if they made a determination in two weeks, would that be enough time for staff to pull together everything they need for a report and to have communication with Mr. Davidson. Commissioner Stewart said crucial dialogue needs to happen and we owe Mr. Davidson as a • businessman the opportunity to dialogue with staff and if the neighbors are not insisting the business be shut down as they have claimed, then we should give Mr. Davidson that opportunity. Commissioner McPhail said she would like to see less of a need for security rather than beefing up the security. June 22, 2005 Planning Commission Minutes . ;~4-I ,~ ~R~FT Mr. Buller noted that the presence of the secunty personnel did not feel right to the residents He indicated that the general consensus of the Commission is to have staff come back with recommendations and conditions. He warned Mr. Davidson that he (Mr. Buller) would come to a point that he would make a recommendation with or without his support, that he would engage in conversation but there will come a time with a deadline and he would present to him some alternatives or his best recommendation. Commissioner McPhail moved to continue to the next Planning Commission meeting. Commissioner Stewart seconded the motion. Kevin Ennis interjected and clanfied their intention to continue the item and keep the public hearing closed or to reopen the hearing to allow additional comment. Vice Chairman McNiel said he is a firm believer in allowing people their say and he would favor reopen the public heanng and it would be an open meeting. Kevin Ennis said they could re-open and continue the public heanng, and they could request that the testimony heard at that meeting be limited to new information and any new wnditions that may be imposed on the business operation. ~ce Chairman McNiel re-opened the public heanng. Motion: Moved by McPhail, seconded by Stewart, to continue the public hearing for Conditional Use Permit 88-45 and Entertainment Permit 91-03 - Marganta Beach until the July 13, 2005 Planning Commission meeting. The business operation will be sent back to staff for this 3-week period for further review, possible modification of the conditions, and to work with the business owner. Motion tamed by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS -canted Vice Chairman commented that he could bet that no one m the room is happy, but they are doing what should be.done under the law and what should be done_for alt parties concerned. He said they will get it resolved and even then some people won't be happy and when that occurs, someone will appeal it to the City Council because that is part of the process and the law as well. PUBLIC COMMENTS No additional comments were made. ..... COMMISSION BUSINESS The Commission had no additional business. :.... Planning Commission Minutes -~~ ~R~I T June 22, 2005 i • u RESOLUTION NO. 91-184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT LIVE ENTERTAINMENT AND DANCING FOR SKIPPER'S GRILL AND BAR LOCATED AT 9950 FOOTHILL BOULEVARD, SUZTES R & S, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. (i) Fred and Urai Nelson has filed application for the issuance of Entertainment Permit No. 91-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to ae "the application." (ii) On the 23rd of October 1991, and continued to November 13, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. H. Resolution. NOW, THEREFORE, it is hereby found, determined, and reeo lved by the Planning Commission of the City of Rancho Cucamonga as follows: ^~1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on October 23, 1991, and November 13, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home • park, the property to the east is a commercial building, and the property to the west ie a service station. I-}-4q PLANNING COMMISSION RESOLUTION NO. EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 2 • a (c) Skipper's Grill & Bar ie a full service restaurant serving alcoholic beverages. The proposed entertainment will be conducted indoors, Sunday through Saturday from 8:00 p.m. to 2:00 a.m. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morale, or welfare; and (b) That the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner; and (c) That the applicant has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding ten years; and i (d) and That granting the application would not create a public . sance; nu (e) That the normal operation of the premises would not interfere with the peace and quiet of the surrounding residential uses and the community commercial center; and (f) The applicant has not made any false, misleading, or fraudulent--statement-of-mater-ial--fact in the required application. - 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set-forth below: Conditions; 1) Thie approval is for small bands or individual musicians. 2) Dancing is permitted on a dance floor area which shall not exceed 150 square feet. 3) If the operation of this Entertainment Permit causes any adverse effects upon adjacent businesses or operations or residential uses, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. ~~ PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 3 4 4) All doors shall remain closed when entertainment is being conducted for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to 2:00 a.m. 5) Hours of operation of the entertainment vee shall be limited to Sunday through Saturday, from 8:00 p.m. to 2:00 a.m. 6) Entertainment shall be conducted inside the building. 7) The Entertainment Permit shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Plane shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval orior to commencement of any entertainment activity. 8) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 9) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 10) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 11) Any modification, expansion, or other change in operation will require a revision to the Conditional Uae Permit. 12) All eignage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. • 5. The Secretary to this Commission shall certify to the adoption of this Resolution. ~f PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 4 n APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING COMMI ION OF THE CITY O RANCHO CUCAMONGA . ~ ~ ~ ~~n BY: ATTEST 1, Chairman I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Reeolutlon 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 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: CHITIEA, VALLETTE ABSENT: COMMISSIONERS: NONE • • y--~a 1 \~'` ° ~ O O ~~ O i_,~-?~ , ~~~.' M. ., ~' j 3iA M1. /~ ,,i ~yd F,.....`.. 1". ,.Yw~ 3r^V I.ozF nf2, y S. .. OC l~i;~ ~J :'3~~Jp'~yatJl\J7 ~~1~-X:..~.. 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J t ~ i ~~ r ~ ~ i 1, f li, r \'7._y' t ~.rt -~ I ~ir 5 ~; ' rr r~ fr.__~a1._... ' ~ ~r ~ % r { 3 ~~~s ~('•~I~t"~1' ~~~~~3~y%i MI i- ,s t 1 i A ,~' ~ ~ _ ~ - -- ~M '! , x _~ - Y i ~ ` ~ .~°' ~ ' S~' _~ i ,µ~•5i=; I K.r ''z~Y __ `'' a `J / 1 ~ ° r / ti U~ NI ` I h~ Sari- ` `'~ ~ ~'~Q s i ~ ~I ., ~r~ L. l t '~'u` z ~ ~~ VI /o <<y < ' _ • J ~ _ r r e~?la r~, ~, ~ 2~ i' ~ J u~ J a.rm `' ~~~ u•2 i~~ 7 I~. T $ ~~" L c ~- wv0 ~ ~ J m n~* u la ~, aea~~..f<rra.` f i~r. Jc~.C'r ~-~-- ~~ F O O T N I L L li L V D ~ x d~` ~ f0"~ ,~, s .,;. ' Q ~aL y~ ~•N~~: xitiyi,:.~i{~4h~ <y` -~CJ3Q Q V~ ,'4q'1~' °~'L"N=wry ~ ~~J License Query System Data S~ary ~~~;~f California Department of Alcoholic ~~_ ~~_ ,-' Beverage Control " ~`'' ' License Query System Summary . ,: as of 6/22/2005 License Information icense Number: 316819 Status: ACTIVE Primar Owner: RANCHO CUCAMONGA RESTAURANT VENTURES INC BC Office of A lication: RIVERSIDE Business Name oin Business As: MARGARITA BEACH Business Address ddress: 9950 W FOOTHILL BLVD UNITS Census Tract: 0020.05 Ci :RANCHO CUCAMONGA Coun : SAN BERNARDINO State: CA Zi Code: 91730 ~ Licensee Information icensee: RANCHO CUCAMONGA RESTAURANT VENTURES INC Com an O icer In ormation Officer: DAVIDSON MARK G, PRESIDENT Officer: SAMBOLIN JOSE A, VICE PRESIDENT License T~~ es 1 License T e: 47 - ON-SALE GENERAL EATING PLACE License T e Status: ACTIVE Status Date: 03-JUN-1998 Term: 12 Month s Ori final Issue Date: 29-MAR-1996 Ex iration Date: 28-FEB-2006 Master: Y Du licate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License T e was Transferred On: From: 191834 2 License T e: 30 -TEMPORARY PERMIT License T e Status: ISSUE Status Date: 28-MAR-1996 Term: 0 Month s Ori final Issue Date: Ex iration Date: Master: Y Du licate: 0 Fee Code: NA Cui rent Disci linar~~ fiction No Active Diset hna Action ound Disci linan• Histm'V No Disc: ltna H:sto ound Hold Information No Active Holds ound Page 1 of 2 ~~ ALCOHOLIC BEVERAGE CON'T'ROL ACr 19 States internal revenue bonded warehouses when the bonded warehouses are used for storage of alcohohc beverages for the aceount of another hcensee. Crow re[ertpeee.-CWmu 6mdd unrt6nues se 19 U 9 C A 9 ISSS Inmml eermue bnam rnrdruuue w 1d U 8. C. A { 7BR"sµ 23037. "Club," "guest." "Club" means a corporation or a+tiociation which is the owner, lessee, or occupant of an es[abhshment operated solely for objects of a sowal or atliletic nature but not for pecuniary gam, having a bona fide membership hat, and the majonty of the members of which pay dues a[ least once m every year, and the property as well as the advantages of which belong to the members, and whit sells alcohohc beverages only w its members and its bona fide guests. A guest is deSned as a person who is actually a houseguesl, or a person whose presence as a guest is !n response tq a specific lnvi[ation for the spenal occasion. al+wrr•--ae.b. lest, ch.6Ya rn.rtecl6eptem4m u. r9aa~.dd.d'."d ~wus .eu..lcoeoi,e b..Ra(r oeb m Iv member. ud IM bone fidt yuaW' and eemod eOlteler. 23 3 "Bona tide public eating place," "meals" "Bona fide public eating eans a place which rs regularly and rn a bona fide manner used and kept open for the serving of meals to guests for compensation and wtuch has sortable krtc6ea faclhties connected therewith, contazntng conveniences for cooking an assortment of foods which may be requued for ordinary meals, the latches of which must be kept in a sanitary condrbon with the proper amount of refngention far keeping of food on said premises and must comply with all the regulations of the local departmem of health. "Meals" means the usual assomment of foods commonly ordered et vanoas hours of the day; the service of such food and victuals only as sandwiches oz salads shall not he deemed a compliance with this requirement "Guests" shall mean persona who, dunng the hours when meals are regularly served therein, come [o a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such bore, in good fazth, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage. niatory.--Stela ]956, Ch 1778, open4ro Jru.ry 1,1967, mnendod rotluu b reW r pbma. Cooeeedoo .9reemml.-.E.rep u pcnnmaf SY Salwu 2T/87.. bcemee aMv. Sum Sde publb min6 pha ouMle emvd leenx wY na 4ss or vuke • eeocaudan a3,smeW under vlutlr he uodd in dreH coda tls reauume opc"Iml m bu preNl/S 39 Op Avy nor 93 Sly 3-31.17. Oroereblp d Lemma r eddenw of oaeanbep of cooneered rauteuesvt~The uppmnlva of . pe,mm mein m Ogwr Bans of u 49c whwh rtgeued Aw b rmrt rood b crWaec ms K q ds enrci W opnuw da,uuunun udPwnm6 de bxmd pswsa F.mur BmMca Cmpury v Kisrma lA9 Gl App 7d 167 A dub u. bow fide eetm/t pLeer.A elan 5[aes W e b® fide mdeg q.a Ocvu ur sWa. u,d du6va 4'rm of Ors rm Mwd, a chin wen gWdy"u hum rWe eumr else TAU u.aap,wa mprtued,n Paul Cak 5173e dnm w m®d b dub Gems HarrU r AkWdlc Bcsnye tbNm/Appm4 Bwrd IBnbip Clry Bpsm1 C46/. 39i OI App 7d 367 23038.1 Convention center, exhibit hall or auditorium. Notwrthstandmg the provisions of Section 23038, "bona fide public eabng place" also means a convention center, exhibit hall, or audnonum, which shall hereinafter be refened to as "premuses," owned by or ]eased to the State of Cahforma, any incorporated city, county, city arrd county, or public corporation of the State of California which u regularly and in a bona fide manner used and kept open for the attendance of groups of guests, and in connection with such use serves meals to such groups of guests for compensation, and which has sortable latches facrhties in connection therewith, such kitchen containuig conveniences for preparation of ordinary meals and maintained in a sam[ary condition with proper refngerahon for the keeping of food on the prewses m compliance with all regulations of the local department of health. "Meals; ' as used in this section, means foods commonly ordemd at a lunch or dinner, provided, however, that the service of food such as sandwiches or salads only shall / J not be deemed compiance with this requirle]ment. `/(/rte/ 00'd T£50 Il3L 606 tfJ d0 31tilS S£:0T S00Z-0£-Nflf IR~"EROFFICE MEf~ DATE JUNE 9, 2005 FROM' Paul Morrison, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho Cucamonga Station PHONE (909)477-2800 SUBJECT MARGARITA BEACH CALLS FOR SERVICE 032205 - 060705 The following is a breakdown of the 6 calls for service related to Margarita Beach from March 22, 2005 through June 7, 2005. Call type Calls Reports Bar check/pedestrian/traffic stops 2 1 Assaults 0 0 Drunk in public/ DUI 1 1 Disturbing the peace 2 0 Other 1 0 Total 6 2 Total calls initiated by police approximately 4 No calls for service related to Margarita Beach were recorded in the surrounding neighborhoods. • ~ ~U If~EROFFICE MEf~ DATE March 21, 2005 • FROM Paul Morrison, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho Cucamonga Station eN+ eui+~un (~~a',~ ~//, SUBJECT MARGARITA BEACH CALLS FOR SERVICE 020205 - 032105 The following is a breakdown of the 25 calls for service related to Margarita Beach from February 2, 2005 through March 21, 2005. PHONE (90977-2800 Calls Reports Call e Bar check/pedestrian/traffic stops 18 0 Assaults 3 2 Drunk in public/ DUI 2 2 Disturbing the peace 1 0 Other 1 1 Total 25 5 Total calls initiated by police ~ -~ approximately 21 If~EROFFICE MEi~ DATE March 17, 2005 FROfVI,~ Paul Morrison, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho Cucamonga Station PHONE (90977-2800 SUBJECT MARGARITA BEACH CALL AND REPORT BREAKDOWN ~~ w+ sui+~wn 111"0 lids%~ I~ . The Rancho Cucamonga City Planning Commission requested a breakdown of the calls for service for Marganta Beach. The Planning Commission reviewed 412 calls starting January 2002 through February 2005. The following is a breakdown of these calls. Call Tvae Cal/s Reports Bar check/ pedestrian/traffic stops 149 0 Theft related •64 47 Assaults 54 22 Disturbing the peace 54 2 Drunk in public/ DUI 34 32 Vandalism 5 5 Alarms 4 0 Traffic collisions 3 1 Other 25 10 Total 412 119 Total calls initiated by police approximately 210 ,. . p7$C06$PR SUPERIOR COURT OF CACASECPRINT OF SAN BERNARDINO // // SAN BDNO CO Page: 1 --------------------------------------------------------------------- SE NUMBER: 2173050MD DEFENDANT STATUS: C],osed REST NBR ARREST DATE ....: N A ARREST AGY RANCHO CUCAMONGA PD/RC Defn 1 0 Defendant .: DAVIDSON, MARK GERARD _ _ - Date Filed 05/02/05 District Attorney Continuances: 0 Defense Attorney Jaames Reiss Age in Days 30 Custody Status ...: N/A - Bail: Last Trial .: 07/17!05 Charge Information •~t-- Plea Status Sev 001 FILED 6404.5(B) LC OYMENTSMOKING IN PLACE OF EMPL G Convict I Disposed Cases MWV04N822er O5/05~99 M415nPCcted/warrant Charges Fine Amount Amount Paid Amount Due Da06/17/05y $330.00 $330.00 Bail Information Depositor Amount DEFENDANT 80.00 Amt Ordered: $0.00 Total Posted: $0.00 Case Action Information - -------------- ion Div Description 6/21/05 CHECK 23219 FOR $330 00 APPLIED TO CASE. ------------------------- 6/17/O5 Bail applied to fines on cases 2173050MD. ------------------------- Bail of $330.00 applied from case number 2173050MD. _____________ MINUTE ORDER END =_______________ Stratus A R Flne Authors ..>,ed No Status R3 COURT TRIAL Dispo JUDGE LARRY W ALLEN Clerk Violet F Martinez -- Reporter-M Bernard -- Bailiff D Okeefe APPEARANCES City Prosecutor Greg Palmer present in court Attorney James Reiss present. Pursuant to Section 977 PC, counsel present without Defendant. PLEA INFORMATION Defendant withdraws plea of NOT GUILTY and enters a lea of GUILTY as to Count(s) 1. De~endant is informed of his/her right to be sentenced no earlier than six hours nor any later than five days after he/she has entered his/her plea of GUILTY or NOLO CONT$NDERE or found GUILTY. The court finds that he/she knowingly, freely and expressly waives that right. • SENTENCING INFORMATION For all charges. Pay the £ine $330.00, by 06/17/2005. ~- ~-~ ~ IOR' OF SAN BERNARDINO CO Page. 2 cASE NUMSER: 2173050MD DEFENDANT STATUS: C~osed ARREST N$R ARREST AG4 ARREST DATE ....: N A RANCHO CUCAMONGA PD/RC Defendant .: DAVIDSON, MARK GERARD Defn 1 of ______________________________________________ _____ 1 _____ ____________ ______ ______ Pay fine to the Court CUSTODY STATUS Defendant Released. Apply bail to fine. ------------= MINUTE ORDER END =_______________ 6/15/OS ------------------------- (7952 Rescheduled Hearing Moved from Division R2 to R3 ------------------------- Rescheduled Hearing (795 ~ Move from Division R2A to R2 ------------------------- Rescheduled Hearing (795 ~ Move from Division R1 to R2A 5/20/OS ------------------------- Citing Agency notified;subpoena issued and sent fficer . to o 5/18/05 R5 ------------------------- CLK'S ARRAIGNMENT/COUNTER & TELEPHONE Dispo JUDGE Gerard S Brown Clerk S Meinhardt Defendant present (at counter) PROCEEDINGS Advisal of rights signed by Defendant and filed. Defendant waives formal arraignment. PLEA INFORMATION Defendant pleads NOT GUILTY to Count(s) 1. HEARINGS Court Trial set for 06/17[2005 at 8:00 in Department R1. Estimated U days. Arraignment and Court Trial Setting Form filed. Citin Agency notified subpoena issued and sent ~ icer. to of CUSTODY STATUS Defendant Released. ------------------------- Trust 330.00 received fro defendant - Bail set at 050518-0922-CS TRS~ 330.00 BAIL POSTING DEFN 5/06/OS ------------------------- Bail Quote Printed. ------------------------- 5/05/OS Case ready for Bail Enhancement. 5/04/05 ------------------------- continuation of notice to appear attached --------------------- 5/02/05 ---- Citation Filed by ARUVA - - -------- --- ------------ Jurisdiction set to RS by OTS305. Bail Quote Info - Quote Date:05/06/05 Total Bail: $330.00 **** No Local DMV data available for this case **** **** END OF CASE PRINT **** ~~a 5.12.010 Chapter 5.12 REGULATION OF ENTERTAINMENT Sections: 5.12.010 PermR required. 5.12.020 Entertainment defined. 5.12.030 Exclusions. 5.12.040 Application for permit 5.12.050 Investigation and hearing. 5.12.060 Notice of hearing. 5.12.070 Action at hearing. 5.12.080 Denial of application. 5.12.090 Conditions imposed on permit 5,12,100 Suspension or revocation of permit. 5.12.110 Fees• 5.12.115 Annual renewal. 5.12.120 Tlme for filing application. 5.12.130 Security guard required at dances. 5.12.140 Chapter to govern. 5.12.150 Prohibition and penalties. 5,12,160 Civil remedies available. 5.12.010 permft required. No person or business entky shall operate, con- duct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of enter- tainment, as defined herein, (.s provided or fur- nished wfthout first obtaining a permit so to do as hereinafter provided for in this chapter. (Ord. 290 § 1 (part), 1986) 5.12.020 Entertainment defined. `Entertainment" means every form of I'rve enter- tainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or song, and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons. (Ord. 290 § 1 (part), 1986) 5.12.080 Exclusions. The provisions of this chapter shall not be deemed to require a permd for the following: A. For the use of a radio or other electronical playback device in any establishment, except when utilized by an announcer or °disc Jockey' who at any time provides any form of vocal entertainment, including the announcing of song titles or artists' names in conjunction therewith; B. For any entertainment provided for mem- bers and their guests at a private club where ad- mission is not open to the public; C. For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground; D. For entertainment conducted by or spon- sored by any bona fide club, society or association, organized or incorporated for benevolent, charita- ble, dramatic or IRerary purposes, having an estab- lished membership, and which holds meetings at regular intervals of not less than once per three- month penod, when proceeds, ff any, arising from such entertainment are used for the purpose of such club, society or association; E. For entertainment provided solely by a pF ano player or harpist playing musk: for the amuse- ment of guests or patrons of an estabi'ushmertX F. For entertainment conducted soley on or at any premuses or location which is owned or oper- ated by, or leased by, to or from the UnRed States, state of Cal'rfomia, county of San t3emardmo, or any agency or subdivision thereof. (Ord. 290 § 1 (part). 1986) 5.12.040 Application for permM. Applicants for entertainment permits shall file a written, signed and verified application with the city manager, or his designee, showing: A. The name and permanent address of applF cant; B. The name, proposed and currerrt, if any. business address of the applicant. H the applicant k a corporation, the name shall be exactly as set forth in its articles of incorporetion and the applicant shall show the name and residence address of each of the officers, dvectors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including lim- ited partners; C. A detailed description of the proposed en- tertainment, including type of entertainment, num- ber of persons engaged in the entertainment, and any further information about the entertainment or 93 ~3 K 5.12.050 entertainers, as the city manager may deem new essary; D. The date, hours and location where the en- tertainment is proposed to be conducted, and the admission fee, 'rf any, to be charged; E. The name or names of the person or per- sons responsible for the management or supervi- sion or applicanYs• business and of any entertain- ment; , _ F. A statement,of the nature and character of apphcanYs business,rf any, to be carved on in con- junction with such entertainment, including whether or not alcohol will ~be served as part of such busi- ness; - , ~ - G. Whether or riot the applicant or any person or persons responsible for the management or su- pervision of applicants business have been, within the previous ten years, convicted of a came, the nature of such offense, and the sentence received therefor including,conditions of parole or probation, H any; - ~;; - - H. Whether or:not applicant has ever had any permd or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency; - I. Such other seasonable information as the city manager, or designee, may deem necessary. (ord. 2so § 1 (part), 1s6s) 5.12.050 Imestlgatlon and hearing. After the application for an entertainment permH has been filed, the city manager shall cause an iM vestigation to be made of such application, and af- ter such investigation has been completed he shall cause the application to be set for heanng before the planning commission and shall notrfy the appli- cant of the date of, such hearing. (Ord. 290 § 1 (part), 1986) - 5.12.060 Notice of heanng. After the city manager has set the application for hearing, he shall cause notice of the heanng to be given to all property owners within three hundred feet of the proposed or actual location of the appfi- canYs business. For-the purposes of this section, notice to property, owners shall be sufficient rf given to those properly owners who appear as such on the last equaled assessment roll. Addftionally, the city manager shall cause a public notice to be posted at the location where the business or enter- 94 tainment is to be conducted. Ali notices provided for in this section shall be in the form and manner as prescribed by the city manager. The applicant shall bear all costs and expenses in mailing, printing, and posting such notices and shall pay such costs to the aty prior to the time set for public hearing on the pending application. Failure to pay such costs by the applicant shall be grounds to deny his applF cation. (Ord. 290 § 1 (part), 1966) 5.12.070 Action at hearing. At the time and place set for public hearing as to any application, and as may be continued from day to day, the planning commission shall hear and de- termine all the facts and evidence relevant to the applcant and supervisory employees, as well as the entertainment proposed, including, the nature and location of the proposed entertainment (Ord. 290 § 1 (part), 1986) 5.12.080 Denial of applicetton. At the conclusion of.the hearing before the plan- ning commission, the •planning commission shall grant, conddionaly' grant, or deny the application, which deasion shall be final unless appealed fi accordance with the provisions of Section 17.02.0806 of the Rancho Cucamonga Municipal Code. Such decision shall be set forth in a resolu- tion which shall be adopted within thirty days after such decision is rendered. The planning commis- sion may deny said application H H shall find and determine any of the following: A. The conduct of the establishment or the granting of the application would be contrary to ilia public health, safety, morals or weHare; or B. The premises or establishment is likely to be operated in an illegal, improper or disorderly manner, or C. The applicant or any other person associ- ated with him as pnncipal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such pertntt is sought to be issued, has been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition or pertonn- ance of any obscene show of any kind, or of a felony or of any cnme involving moral turpftude, or has had any approval, permH or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked wdltin the preceding five years; or ~~ ~~ ~f i i 5.12.090 \_J `. J D. That granting the application would create a public nuisance; or E. That the normal operation of the premises would interfere with the peace and quiet of any sur- rounding residential neighborhood; or F. The applicant has made any false, mislead- ing or fraudulent statement of material fact in the required application. (Ord. 290 § 1 (part), 1986) 5.12.090 Condkions Imposed on permit. After the public hearing as to any application, the planning commission in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as d deems appropri- ate. (Ord. 290 § 1 (part), 1986) 5,12.100 Suspension or revocation of permit. A. After notice and hearing, the planning com- mission may suspend or revoke any permit granted pursuant to this chapter H said commission finds and determines that any permittee, his agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial authority of, or on behaH of, the permd- tee or any entertainer acting under the authority of such permit 1. Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter, or 2. Violated any provision of this chapter, or of any statute, ordinance, or condition relating to his permitted acbvity; or 3. Is convicted of a felony, or any crime invoiv- ing moral turpitude; or 4. Violated any rules, regulations or conddions adopted by the planning commission or cdy council relating to the pernittee's business or permk; or 5. Conducted a pernated business in a man- ner contrary to the peace, health, safety and gem ersl weHare of the public; Or 6. Demonstrated that he/she is unfR to be trusted with the privileges granted by such a permit. B. The decision of the planning commission shall be set forth in a resolution which shall be adopted wdhin thirty days of the date of such decF sion and shall be final unless appealed in accor- dance with the provisions of Section 17.02.0806 of the Rancho Cucamonga Municipal Code. (Ord. 290 § 1 (part), 1986) 5.12.110 Fees. The fee for an entertainment permit shall be seventy-five dollars, payable annually on or before January 1st of each and every year. Such permit shall be in addrtion to any business license fee as may be required by the business license law of the city. However, for the year 1986, the fee for an en- tertainment permit shall be the sum of forty dollars payable upon submission of an application. (Ord. 290 § 1 (part), 1986) 5.12.115 Annual renewal The applicant for every renewal of an entertain- ment permd shall submft to the c'ny manager, or his designee, a wrrtten statement setting forth such information concerning the applicant's business during the preceding year as may be required by the city manager to enable him to ascertain whether the information listed on their original en- tertainment permit application has changed in the past year. The city manager, or his designee, shall review the information and determine if a moddica- tion to the entertainment permit is waranted. The planning commission shall review any such modifi- cation pursuant to the provisions of this chapter. (Ord. 290A § 1, 1990) 5.12.120 Time for filing application. All persons who wdl be presently required to file for and obtain an entertainment permit by reason of the provisions of this chapter shall have to and in- cluding November 1, 1986, within which to fde their applications for an entertainment permit with the city manager. (Ord. 290 § 1 (part), 1986) 5.12.130 Security guard required at dances. All persons conducting a public dance or any entertainment where dancing by patrons or cus- tomers is permned, shall have in attendance at the premises for the purpose of supervising the dano- ing and the conduct of all patrons and customers, a duly licensed and un'rformed security guard at all times such dancing is perndted or allowed. How- ever, the provisions of this section shall apply only to those establishments or premises where a dance floor or dance area in excess of one hundred fifty square feet is available or designated for dancing 95 T, ~~ 5.12.140 _ by customers or patrons. (Ord. 290 § 1 (part), - ' 1986) , 5,12.140 '`~ Chapter to govern. All provisions of this- title which are inconsistent wdh or contrary to the provisions of this chapter are repealed to the`eztent such provisions are inconsb= ' tent with or contrary to the provisions of this chap- ter. (Ord. 290 § 1 (part),1986)' ., 5.12.150 ` . Pr'ohlbftion and penaRiea. ' A. It Is unlawful for any person, fine, partner- ship or corporation to violate any provision or to fall to comply with any of the requirements of this chap- ter. -Any person, firm, partnership, or-corporation violating any provision of this chapter or Ealing to compy with; any 'of Its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: 1. A fine' not-exceeding one hundred dollars for a first violation; <<,-~ 2. ~ A fine not exceeding two hundred dollars for a second violation of the same ordinance wthin one year .~., 3. A fine not exceeding five hundred dollars for each adddional violation of the same ordinance within one year. - • ' `. B. Each such person, firm, partnership, or cor- poration shall be deemed guilty of a separate of- fense for each and every day or any portion thereof during which ariy`violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnershlp, or corporation and `shall be"deemed punishable therefor as pro- vided in this'chapter. - C. The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 290 § 1 (part), 1986)' , - 5,12.160 "- Civll remedies available. A violation of any"of the provisions of this chap- ter shall constdute a nuisance and may be abated by the city through civil process by means of re- straining order; preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance. (Ord. 290 § 1 (part), 1986) 96 `, v° ADVERTISEMENT FROM MARGARITA BEACH DISTRIBUTED UNDER SEPARATE COVER EXHIBIT L ~}--(°7 1 ADVERTISEMENT/PHOTOS FROM RADIO STATION X-103.9 DISTRIBUTED UNDER SEPARATE COVER EXHIBIT M ~}-"!o'g PHOTOS PRESENTED BY THE PUBLIC AT THE JUNE 22, 2005, PLANNING COMMISSION MEETING DISTRIBUTED UNDER SEPARATE COVER EXHIBIT N ~~ Rancho Cucamon a Develo merit Code 10. Signage requued for a recycling facility shall comply with the Sign Ordinance of the City of Rancho Cucamonga and, where applicable, the approved uniform sign program for the associated commercial use. 11. Recycling facilities, which are operated by an on-site attendant and located within 100 feet of a property zoned or occupied for residential uses, shall operate only during the hours of 9 00 a.m. to 7 00 p.m. Action of the Citv Planner. ~ 1, The City Planner shall approve an application for a recycling facility provided the application complies with each of the following regwrements: a. The recycling facility is certified, or has applied to be certrfied, as a recycling location pursuant to the California Beverage Container Recycling and Later Reduction Act; b. The operation of the recycling facility has presented a written authorization from the property owner where the proposed recycling faalay is to be located, and, c. The recycling facility complies with all of the development standards as set forth in this section. 2. Notwithstanding the foregoing, the City Planner may deny an application for a recycling facility rf it is specifically found that the operation of the recycling faality wdl have a detrimental effect on the public health, safety, or general weHare. in the case of any such denial, the City Planner shall support the action with specrfic written findings of facts based on substantial evidence. F. Automatic Revocation. Any perms granted pursuant to the terms of this section shall be deemed automatically revoked if the operator's recycling certificate is revoked or suspended by the California Department of Conservation pursuant to the terms of the Califorrna Beverage Container Recycling and Litter Reduction Act. Section 17.04.090 -Adult Entertainment Business A. Purpose. 1. It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity tp other incompatible uses such as schools for - - minors, public parks, and residentially zoned districts. The City Council finds that a has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. g. Defindions. 1. It is the intent of this Section that the definitions set forth in the Development Code shall apply but only where they do not conflict with any definition set forth in this Section. 2 Establishment of an Adult Entertainment Business. As used herein, to 'establish° an adult entertainment business shall mean and include any of the following: a The opening or commencement of operation of any such business as a new business. O 17.04-15 ~~ 1 6/99 Rancho Ctecamonxa Development Code Section 1704 090 . b. The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business as described herein. c. The addition of any adult entertainment business as defined herein to any existing adult entertainment business ii the addition results in enlargement of the place of business. For purposes of the paragraph, enlargement shall mean an increase in the size of the bwlding within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adfacent lot or parcel of land. 3. Specified Anatomical Areas. As used herein, "Specified Anatomical Areas' shall mean and include any of the following: a. Less than completely and opaquely covered human genttals, pubic region, buttocks, anus, or female breast below a point immediately above the tops of the areola; or b. Human male genttals in a discernibly turgid state, even ff completely and opaquely covered. 4, ~eafied Sexual Activities. As used herein, 'Specified Sexual Activtties' shall mean and include any of the following: a. The fondling or other erotic touching, actual or simulated, of human gemtals, pubic region, buttocks, or female breast; b. Sex acts, actual or simulated, including act of sexual intercourse, oral copulation, sodomy, or bestialtty; or c. Masturbation, actual or simulated; or d. Excretory functions as part of or in connection with any of the activities set forth in a through c above. 5. Adult Entertainment Establishment. An adult entertainment establishment is any place of business in which one or mare of the following activities are conducted: a. Adult Book Store. A commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines (the term 'product line° refers to items which are all identical, such as numerous copies of the same book or periodical) or display, shell, rack, table, stand, or floor area used for the display and.sale of the following: (1) Books, magazines, periodicals, or other panted matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representation which are characterized by an emphasts upon the depiction or description of 'Specdted Sexual Activities° or °Specified Anatomical Areas'; and/or (2) Instruments, artificial devices, or paraphernalia which are designed for use in connection with "Specified Sexual Activities.' b. Adult Motion Picture Establishment. Shall mean a commercial establishment with a capacity of 50 or more persons, used for the presentation, exhibition, or display of films, motion pictures, video cassettes, slides, or similar photographic reproductions protected on a screen, which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities° or °Specified Anatomical Areas.' . For purposes of this subsection and subsections c, d, e, f, g, h, and I, "substantial portion of the total presentation time° shall mean a regular and substantial course of conduct. .~~~ 17.04-16 ~~ I *~`•61~9 Rancho Cucmnon a Develo merit Code Section 17 04 090 c. Adult Mini-Motion Picture Theater. Shall mean a commercial establishment with a capacity of more than 5 but less than 50 persons, used for the presentation, ° exhibition, or display of films, motion pictures, video cassettes, slides, or similar photographic reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis ' or on matter depicting, describing, or relating to "Specified Sexual Activities "Specified Anatomical Areas.' d. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devises are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed are distingwshed or characterized by an emphasis on depicting or describing "Specfied Sexual Activities' or 'Specdied Anatomical Areas.' e. Adult Drive-In Theater. An open lot or part thereof, with appurtenant faalities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of casual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, m which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing, or relatrng to °Specified Sexual Activities° or "Specified Anatomical Areas' for observation by patrons. f. Adult Cabaret A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on "Speafied Sexual • Actmties" or by exposure of "Specified Anatomical Areas' and/or feature films, motion pictures, rodeo cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of 'Specified Sexual Activities" or °Specified Anatomical Areas' for observation by patrons. g. Adult Motel or Hotel A hotel or motel, or similar commeraal establishment offering public accommodations for any form of consideration which provides patrons with closed-circwt television transmissions, films, motion pictures, rodeo cassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an ' or emphasis upon the depiction or description of 'Speafied Sexual Activities "Specified Anatomical Areas° for observation by patrons. h. Aduk Theater. A theater, concert hall, auditorwm, or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons. i. Aduk Model Studio. Any establishment open to the public where, for any form of consideration or gratuity, figure models who display °Specified Anatomical Areas° are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuty This provision shall not apply to any school of art which is operated by an individual, term, association, partnership, corporation, or institution which meets the requirements established in the Education Code of the State of California for Rancho Cucamonga Develooment Code Section 1704 090 ~, the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma. j. Sexual Encounter Establishment. A commercial establishment, other than a hotel, motel, or similar establishment offering public accommodations, which for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas.' This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of California engages in sexual therapy. k. Bodv Paintino Studio. Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of "Specified Anatomical Areas.' , • • OTher AduR Entertainment Businesses. Any other business or commercial establishment not herein defined: (1) Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing, or relating to 'Specified Sexual Actnties' or 'Specdied Anatomical Areas'; or (2) Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments, and paraphernalia, which are describing, or relating to "Specified Sexual Activities.' C. Areas for Adult Entertainment Establishments -Development Standards. Adult entertainment establishments are permitted only in those areas of the City within the boundaries of the Industrial Area Specific Plan located east of Haven Avenue and South of Foothill Boulevard; and as further consistent with the proximity requirements of this section. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in the Development Code for a Distract and use most comparable to the proposed adult entertainment business, as determined by the City Planner. D. Minimum Proximity Requirements No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below: ~. No such establishment shall be established wrthm 1,500 feet of any other aduR entertainment establishment. 2. No such establishment shall be established wrthm 1,500 feet from any existing residential dwelling, residentially zoned property, church or similar place of worship, school or day care facility (public or private), park or playground, recreational facility, hospital, public buildings (i e., City Hall, County offices, courthouse, libraries, etc.), and the right-of-way on the following. Haven Avenue, Milliken Avenue, 4th Street, Foothill Boulevard, and I-15 Freeway. E. Measurement of Distance Between Uses. The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any aduR entertainment establishment and any school, public park, or residential zone, etc., shall be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park, or residential zone, etc. F. Closed Viewino Areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms, or other areas within its place of business that are used, 7.04-, a }~--~3 6~9 Rancho Cucamon a Develo merit Code Section 17 04 090 designed, or furnished for private sexual activity No nudity or sexual acirvities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any City inspectors standing at the front door (not to include existing and approved rest room facilities). G. Adult Entertainment Zoning Permit Required. It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the City Planner. H. Permit Application. 1. Any person, assoaation, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit, shalt file an application with the Cary Planner on a form provided by the City Planner. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution. 2. The application for a permit shall contain the following information: a The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown to its article of incorporation and the names and addresses of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this Section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as ds responsible managing officer. b Name, address, and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices. c. The proposed business name of the adult entertainment establishment and description of the type of adult establishment. d. Street address of the proposed adult entertainment establishment and the tax assessor's parcel number of the property. -- e. A plot plan for the property depicting the location of the bulding housing the adult entertainment establishment on the property. f. If the adult entertainment establishment was in existence as of the effective date oT these regulations, the date the establishment first commenced operation. g. Any other iniormat~on reasonably necessary to accomplish the purposes of these regulations. 3. Referral to Other City Departments The City Planner may refer the application to other City departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the City's building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. 4. Action on Application. The City Planner shall determine whether to grant or deny the permit within 30 working days after receipt of a complete application. • 17 04-19 ~ ~ 6/99 Rancho Cucamonga Development Code Section 17 04 090 • ~ I. Grounds for Permit Denial/Revocation. - 1. The City Planner shall approve the permit unless he or she determines from a consideration of the application, City inspection of the premises, or other pertinent information that: a. The information contained in the application or supplemental information requested from the applicant is false in any material detail. b. The proposed location of the adult entertainment business would not comply wdh the regwrements of Section C or D. c. The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations. d. The premises where the adult entertainment business is or will be located does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning, and fire ordinances. e. That a permd to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than 10 percent of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended. ~ Permd Conditions. The City Planner may condition the issuance of an adult entertainment zoning permit by imposing reasonable conditions to ensure compliance with these provisions and other sections of the Rancho Cucamonga Municipal Code. K. Sale or Transfer of Business. No adult entertainment permd may be sold, transferred, or assigned by the permittee, or by operation of law, to any other person or persons; and any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permd shall thereafter be deemed terminated and void, provided and excepting, however, that tt the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be d_ee_med to be the surviving partner(s). One or more proposed partner(s) in a partnership granted a permd hereunder may make application to the City Planner, together with the fee established by the City Council therefore, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permd is issued to a corporation, the permit shall be deemed terminated and void if stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder; provided, however, the proposed transferee may submd to the City Planner, together with a fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance, and upon approval thereof, the transfer may then occur. L. New Permit Reouued. The permittee must apply for a new adult entertainment permit as follows: 1. Prior to any change in the location of the adult entertainment establishment. 2. Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein 3 Prior to any change in the business name of the adult entertainment establishment. • 4. Prior to the enlargement of an existing adult entertainment establishment. M. Display of Permit Each person to whom or for whom a permit has been granted shall display said permd in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persons entering the premises. 17.04-20 ~..}-~ Z ~ 6/99 Rancho Cucamonxa Development Code _ Section 17 04 090 N. Violation and Penalties. 1. Criminal Violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Section. Any person, firm, partnership, or corporation violating any provision of this Section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000) or by impnsonment not exceeding six months, or by both such tine and impnsonment. Each such person, firm, partnership, or corporation shall be deemed gulty of a separate offense for each and every day or any portion thereof during which violation of any of the provisions of this Section is committed, continued, or permitted by such a person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Section. 2. Civil Remedies Available. A violation of any of the provisions of this Section shall constitute a nuisance and may be abated by the City through cwd process by means of restraining order, preliminary or permanent infunction, or m any other manner provided by law for the abatement of such nusance. • 17 04-21 ~~~ 6/99 RESPONSE FROM MR. DAVIDSON'S ATTORNEY DISTRIBUTED UNDER SEPARATE COVER EXHIBIT P ~}~~~ TITLE 4 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 143.2 142. Receiving Stolen Alcohol(c Beverages; Ceiling Price Violatlorts. - HISTORY 1 Originally publrchcd 3-22-05 (Tide 4) 2 Repealu Llal 9-11-47 (Register 9) 143. Employees of OnSale Licetisees Soliciting or AcceptlnC Drinks. No on-sale retail Ucensee shall pemut anY employce of such licensce to sohcrt, in w upon the Ucensed prerruses, the purchase or sale of any dunk, eny pan of which is for, rn intended tor, the consumption or use of such employee. ar to permit any employee of such Ucensee to accept, m or upon the licensed premises, any drink which has been purchased a sold there, any part of which dunk is for, or intended for, the consumption or urc of any employee. h Is no[ the intent m puryose of this rule m prohibit the long-established practice of e licensee or a banender accepting an incidental drink from a patron NOTE Authority rated Sanons 242005 sail 23637, Busmras rail Yrofesstotu Coda HISTORY. 1 New aecnun filed 5-23-34, eBecnve thtnieth day thereafter (Regialer 34, No 12) 2. Amendment filed 7-12-72, designated effernve 8-1472 (Register 72, No.29). 143.1. Employment of Minors in Public Premises. NOTE Audtonty rated Section 2373D, Business and Professtona Code, end Sauon 22, prt)cle XX, Ceafomta Consotunw HI57'ORY I New secuoo filed 4-18-62, de~stBnated effective 5-21.62 (Reg'sru No 29)g~ 2 Repealer fi1rA 7-12-72, dent red eHecnve 8-1472 tReBi 143.2. A[Nre and Conduct. The following acts or rnnduct on Ucensed premises are deemed contrary to pubUc welfare and morals, and therefore no on-salt license shall be held at eny premises where such conduct or acts are permitted' (1) To employ or use any person inontheuncl oothed or m such attire cosnimegor clothing as the licensed prewses while such pers to expose to new any portion of the female breast below the top of the ateola or of any portion of the pubic hair, anus, cleft of ills buttocks, vulva or gemtala (2) To employ or tits the services of any hostess or other person to riungle with the patrons while such hostess or other person is unclothed or m such amre, costume or clothing as described in paragraph (1) above. (3) To encourage or permit any person on the Ucensed premises to touch, caress or fondle the breasts, buttocks, anus m genitals of any other person (4) To permit any employee or person to wear or ruse any device m covering, exposed m view, which simulates the breast, gem[als, anus, Pubic hau or arson oor c~rcumstarices is held If any provision of t}us mle ar tbe apphcanon thereof m any pe invalid, such invalidity shall not affect other provisions or application of the rule w)ueh can be green effect without the invabd provision of apphcanon, and to this end the provistona of this rule are severable CaOltforma Consmuoon Ref hereace 5 ton 23001, 8usioess and Prof~ons Coon 22 of An. )IX. HL570RY ) New Section 143 2 filed 7-9-70, designated effective &)0.70 (Register 70, No 26) 353 Q N-~g - .. - `J 1433 __ nFrnirrMSNT oP ALCOHOLIC BEVFRAGH colvrRO1. TTl'LE 4 --~ 14 Entertainers and Conduct. Acts or conduct on lice- ns'ed-pretmses m vmlahon of this rule are deemed centrary to public welfare and morals, and iliereftxe noon-sale license shall beheld at any premises where such conduct m acts are pemutted. Live entertammeut is permitted on any licensed premises, except that (1) No licensee shall pemut any person to perform acts of or acts which simulau: (a) Sexual intercourse, rnasmrbaaon, sodomy, besualtty, oral copulation, flagellation or any sexual acts wbtch are prohrbiled by law. (b) The touching, caressing or fondling an the breast, buttocks, anus or gemtals (c) The displaying of the pubic hair, anus, vulva or gamester (2) Subject m the provisions of subdrvtnon (])hereof, entertainers whose breasts and/or buttocks are exposed to vuw shall perform only upon a stage at least 18 inches above the immediau floor level and removed et least six fat tom the seared patron. No licensee shall perrtiit say person to use artificial devices or mantaiate ob3ects to depict any of the prohibited activities desrnbed above No licensee shall perms any person to remain in or upon the hceased premises who exposes to public wew any portion of his or her gemtels or anus. If any provision of Uus mle or the application thereof to any person or circtilnstanas is held invalid, such invalidity shall sot affect other provisions or apphca6on of the rule which can be given effect without the invalid provision or apphcahon, and to this end the provisions of this Wile are severable. NOTE Authonry aced Section 25750, Business end Professions Code sect Section 22 of Art Y.X. Cellf Consmunon Rcfercrce. Sec 23001, Bus & Rot Code. IBSTORY I New section filed 7-9-70; desigmted effective B-1470 (Registu 70. No. 28) 2 Entrapment-Officer aslun8 whether "note etas"will be stgwn dutiog lap donee does nd conauN[e entreprtxaL Departmaa of AlcahoJ Beverage Control v Alcohol Beverage Ca+arol Appealr Board (4805 Convoy) 100 Cd App 4th 1066. 143A. Visual Displays - N07E Autlronry aced Sechoa 23750• Businras end Profcssiona Code sad Secnov 22 of Art XX, Caht Consuiuaov Refercntx Sec 23001, Bin & Prot Code HISTORY 1 New section Elcd 7.9-70, designated effective 8-1470 (Register 70, No 28) 2 Repeated Repealer filed I-I-2001 7435. Ordinances Ndwithstanding any of the provisions of Rules 143.2,143 3 and 143.4, noon-sale hcensce shall employ, use the services of, or permit upon hrs lirensed premises, aay eaurtninment m person so attired as to be m violation of any city or cowry tndinaace. NOTE Aunionry seed Section 23730, Business and Professions Code sad Sectitm 22 of An. XX, Coaf Cauumtum lteferrnce, Sec 23001, Bus. & Prof Cade HISTORY: 1. New section filed 7-9-70, designated cffechve B-]0-70 (Register 70, No 28) 144. Gambling Stamps. N07E Authonry seed Sernons 24200 and 25730, Husiveas std I'mfwiom Cade. Section 22, Article X7C, Cehfomu Coasaanov. HISTORY 1 New section filed 1430-59, designated effective 11-3459 (Register 59, No IB) 2 Repetdv Elect 12-6.68, designated efective 1-8-69 (Register 68. No. 46) 354 ~}''L l kid ~0 31tilS 6£:0i S00Z-0£-Nflf a~ u -~ City o/Rancho Cucamonga Planning DepaNnent (g08) 477-2750 2. CIfiY O~ RANCHO CUCAMONGA' ~F~ ~IZO~ RECEIVED -PLANNING APPLICATION FOR AN ENTERTAINMENT PERMIT Please check if this submittal is fora: ^ New Application or ~ Annual Renewal Information about the applicant(s)• Lt~~L ~~i~~~~ Name i t - a s -s8 Date of Birth . I '1 ? -13''s - ~c (~~f - Social Secunty Number ~t5u~1r~~7 California Dnvers License No ~OS~ SQ -._.~ loo I i ~ Name Date of Birth ~r9-~t7-Co~~Cf' Social Secunty Number ~r~i~? ~~ 5'3~ California Driver's License No. Street Address Street Address ~.d?etC.{in C-cc;_'a~rrf-.r_~~f~?t~ ~'tl~1~O la-~-~- l..orr,la ~n 91"13~t City, State, & Zip City, State & Zip 9d9-431-43~g X04-~3~-~~~~ Phone Number Phone Number The proposed and/or current name of the business: ~C-,Ar2tT~ ~;~AC-~1 The name, date of birth, Social Security Number, California Driver's License Number, address, and phone number of all persons responsible for the management or supervision of applicant's business and of any entertainment and provide the following information about each one: This EnteRainment Permit application shall be completed and submitted. Planning staff will evaluate the completeness and accuracy of the Information submitted. The Clty Planner shall determine d the permit complies wrth each of the Crty's Codes and Ordinances poor to scheduling the protect for Planning Commission consideration. • ~ Name Date of Birth Social Security Number California Driver's License No. Street Address City, State, and Zip Name ~- •` Date of Birth Social Security Number California Drivers License No. Street Address City, State, and Zip Phone Number Phone Number 4. Business address and legal description (Assessor's Parcel Number) where the entertainment wdl be offered: .G'4sc~ ~,~-~~-h; ~ 1 ~ tad ~ s R~-x.t~-,~~ ~^.~~.,,,,~~ CQ ~`-~3~ Street Address loo;3-a~1--c7'7-P-n~3 9OdT-3~'a~-ts~f,r(.n~n Assessor's Parcel Number Phone Number 5. A detailed description of the proposed entertainment, including type of entertainment, and number of persons engaged in the entertainment (may attach separate sheets if necessary): l T_ ~ ~ .~ ~~~Q 6. The date or days of the week, hours, and location of entertainment (attach floor plan) and the admission fee, if any, to be charged: ~I/~-~ ~1gt.~ aJc'tr~n~.JEtco1 7. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol wdl be served as part of such business: 12tS~ia ~mJ-~- I ~IC~t~~l ~IcS _ r ""'~ r` ~ I IDI enIMInIRIClnl41 \Fl1GAAC\(`!ll INTFRIFNTPFRMT DPP Anr RF\/ ~l~d/!ld Paae 2 of 3 • t ,~ ._ • 8. Whether or not the applicant or any person responsible for the management or supervision of applicant's business has been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any: I...l ~ t`.( C 9. Whether or not the applicant has ever had any permit or license issued In conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: v -_.1 "__` - ` ,7 ~= _ _ ____ Signature of Apphcant(s • ~'~ ` 1 '~- ~ L~ Please printname(s)~ 051-. $Arr,~ja~ ~tJ ~ ~f~~-~ ~~~~~~~ Date: (~ ~O ~ OS New Application ............................... .......................................................................$3,753 Annual Renewal ...................................................... ................... ....................... .. $75 i \ci ANNwr;\FwAI \FORMS\COUNTER\ENTPERMT APP doc 1 Page 3 of 3 CITY OF RAf1Cl ~(1. UC>;t~~ONGA FEft 07 2005 . To: Brad Buller, Ctty Planne~o~3~Qateho ~u~~~a CC: Mayor Bill Alexander, Council Members, City Attorney, City Manager, Ctty Clerk, Police Chief, Fire Chief From: Residents living on the 9700 and 9800 block of Estacia Ct, the 8000 block of Panto Ave, the 8000 Block of London Ave, the 8000 Block of Malvern Ave, the 8000 Block of Ramona Ave and the 9800 & 9900 Blocks of Foothill Blvd, and The Pines Mobile Home Park at 9999 Foothill Blvd. Date: 2/6/2005 Re: Quality of Life Issues Related to the Operation of the Bar named Marganta Beach (formerly named Margarita Ville) as discussed at City Council Meeting on February 2, 2005 At your request to Ed Sanchez on Thursday, February 3, 2005, we, the undersigned residents of Rancho Cucamonga, hereby formerly: . 1. Request City Staff conducts an Investigation of the Level of Servnces required by the Police Dept (review any filed police reports) and the Ftre Marshall for the bar now named Margarita Beach and formerly named Marganta Ville, which is located at 9950 Foothill Blvd. 2. Request City Planning or Code Enforcement staff conducts a Review of the Condrt~onal Use Permit issued to Margarita Beach/ Margarita Ville and any other permits issued for the business operations 3. Request City Staff prepares a written Report to present to the Plariung Commission, the Ctty Council, and the concerned Residents, who initiated this investigation, at the second Crty Council meeting m March 2005 • ~-s~P -Signatures of Residents requesting the Rancho Cucamonga City staff to conduct an investigation into Margarita Vi1leBeach. Name/Print Address Signature ~~ ~ 'j~Ll / l" Y20` l` r ~~ Q r. ~'l ~ ~' t Es~tcc a. C-~~ C~ r ~~ ~c~~ <.J // ~ __ OCSoxJ `jSoS ES i A ci ~ c i _ ~- C1~~*-~- Name/Print Address Signature _ ~ YYl~lr/gyre ~-P~/~ Slc 33 ~i9.~G.-la A~ ~!9 KLaiT1.i ~^'~ l L LC'~ 'DSO E l i • ~~"~ ~W S -D ~P ~~ a~n -nde ~ ~ 3g~ ~ ~ 1 s~ c~f. ~Q lv~ ! " 1 r~ ~ SSc~ ~%' Gt ~ ~ ~ o Name/Print Address Signature ~"~' ~~~ ~'.~,~ ~ ~c`r~ra-~a~c:r Q~lv ~~ ~-l~-U~ }-}- ~/ Ian n ~ l ~f--, ~~ CS 9 q~ I-o0~-{~~ l l~/T~'~/.sE.vTF~pft'T THE rh ~~''~j VVe the undersigned hereby ask the Rancho Cucamonga Planning Commission to consider revoking or suspending Margarita Beach's Permits for being a public nuisance, repeatedly disturbing the peace, not abiding by the Law, and encouraging public Drunkenness. Name• Q~~ I I'I 1~ ~/h2 ~ ~ C vCCL~~ v~g Name: ~1 1 ~ l / ~~ /~ ~7 Address:l~~ i-S~(~a ~i~', ~~~~~ ~~~~• l~ ~~ I~G gplo C',~~ ~3.e/a'9 F- ,q~ v~ c Name:1 ~/G VI~/.~(T f~ N Address: ~U~V ~lM(~-IOC~t A1)~ ~" `~~~~ Na y--g 8 Address: ~° ° ~q ~S ~Q ~ l ~ ST ,Ea n C11c .~ Name• Address ~~s ,~ /~ 77 r~---- qn~ Address: 7~'7v Ca'~'~"~ ~c Name~~~~ ' ' `V.rl~Orl Address:~~l~o~ CA~A...n~0~-~~4.~- A~~ Name: Y 11~~~ E"I~ji~~Yl _ n ,~ n n quo Na Ad Hl~ Address: !99(~ (~.~'~~J~I~G/~ fT~~ /~'~~ '. Nan Add Leis ono ~~ Address• ~R`~' ~~'`(B~Il~6t~f~~7~; ~ 2#~r~1G1~U G~K~1tao~~~• ~ I`~30 Name: Addre; ~m~,~,`~~~e RC 9i~3a Name• Address: >y3Y Cahbr`oPoQ nee ,~PQ~r6e C•,.-c-c.-moHS4 SA- ~ii53u Name• z 6: Address: 793'/ Cg.,yib~ Aug R/r rla~l~~ cuC./~uv,~J/y,,d ~p~l~ ~o~1~~j~~Z C~c~v~ i~,~c~o c~c~am~ ~--~v ~rgnK ~c4q J~ fDofD ~~e. s+. ~~~~~ C . ~c~3~ ~~, ~, rY! irGz jGY~70 ,~~f2h ,sv~ ~2an~lz.m CuG. ~/~~ 1~-e66~~ S. /~ehs-c~L ~bn ~1ciS ~rYiREf' 1001 y-~en S* `L . G GR '~! -3Z'r • ~~ • ~ RESOLUTION NO 05-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO 88-45 FORA RESTAURANT AND BAR WITH LIVE ENTERTAINMENT LOCATED WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 1077-621-34 A. Rentals. 1. Conditional Use Permit 88-45 was approved in 1988 for Siam Garden Restaurant by adoption of Planning Commission Resolution 88-242 2 In 1991, the Planning Commission approved a modification of Conditional Use Permit 88-45 and Entertainment Permit 91-03 on October 23, 1991, by adoption of Planning Commission Resolution No 88-242A to expand the size of the restaurant and bar and to allow live entertainment under the business name of Skipper's Bar and Grill 3. In 1996, the business was obtained by Mr Davidson and renamed Margantav~lle In 2004, the business name was changed to Margarita Beach • 4 At the February 2, 2005, City Council meeting, 13 residents spoke on issues associated with the Marganta Beach business that negatively impacted their residential neighborfiood, and the matter was referred to the Planning Commission for a review of the issues presented. 5. On March 9, 2005, the Planning Commission conducted a duly noticed public heanng to determine whether substantial evidence existed to set a public hearing for a formal review of business operations at Marganta Beach At the heanng 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Marganta Beach. Testimony included submission of letters, petitions, and photographs Also included m the staff report was a summary of Police calls for service 6 Based on the testimony presented dunng the evidentiary heanng, the Planning Commission found that a public heanng was appropnate and directed that before said public hearing, the business owner, local residents, and City staff meet and discuss how the issues raised reganimg the business could be resolved 7 On Apnl 19, 2005, City staff met with the business owner and local residents to discuss the issues Representatives from the Police Department provided a breakdown of the calls for service and responded to questions 8 The Planning Commission conducted a duly noticed public heanng on Apnl 27, May 11, June 22, and July 13, 2005 concerning the business operations and modification of CUP No 88-45. B Resolution • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows ~--~ a PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD -MARGARITA BEACH July 13, 2005 Page 2 1. The Planning Commission hereby speufically finds that all of the fads set forth in the Rentals, Part A, of this Resolution are true and correct 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on Apnl 27, May 11, June 22, and July 13, 2005, including wntten and oral staff reports, together with public testimony, the Plamm~g Commission hereby specifically finds as follows: a The CUP modification applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with amulti-tenant commercial building; and b The subtect property is surrounded by apartments to the north, a mobile home park to the south, residences development to the east and west, and a service station to the west, and c. The CUP modification applies to a 3,440 square foot leased space that incudes the Marganta Beach restaurant and bar, dance floor, the serving of alcoholrc beverages, live entertainment, and is currently permitted to be open between the hours of 11 00 a m. to 2 00 a.m. daily, and d. Plamm~g Commission Resolution No 88-242A includes conditions of approval that . require the serving of alcoholic beverages to be limited to those hours when the full listed food menu items are available While the current operation of Marganta Beach continues to serve food, the business is largely focused on the bar and entertainment as the pnmary activity as its advertisements attest In violation of Conditions 1 and 2 of Resolution No. 88-242A, the applicant, at the March 9, 2005 Planning Commission meeting testified that they offer a full menu only until 10.00 p m , such as steaks, fish, and chicken Further, the business owner did not provide any documentation that the restaurant use, as previously approved, is the pnmary focus of the Marganta Beach business Such documentation would include business records reflecting that the percentage of gross receipts for food sales greatly exceeds gross receipts attnbutable to alcohol sales, or business records reflecting that their expenditures for restaurant food menu items greatly exceeds expenditures for the purchase of alcohol that will be resold, and e Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005 meeting, the four members of the Commission (one absent) concluded that the nature of the current business operation had changed from a restaurant use wish incidental entertainment to a pnmanly entertainment venue (with food), more along the lines of a nightclub, and f. The findings made by the Plamm~g Commission in their Resolution No 88-242A granting Conditional Use Permit 88-45 indicate that the use "will not be detrimental to the public health, safety, or welfare or matenally infurious to properties or improvements in the vicinity." However, testimony has been received from numerous residents of the surrounding neighborhood indicating a variety of adverse impacts assoaated with Marganta Beach's operation and its customers including, but not limited to, regular, extended parking by Margarita Beach customers in front of residences, excessive noise dunng late nighUearly morning hours, and loitering of patrons • within adjacent residential neighborhood across Ramona Avenue; and g. On June 30, 2005, staff visited the website of radio station X-103 9 and found seven photographs identified as being from Marganta Beach One of these photographs shows a woman ~--`~3 PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD -MARGARITA BEACH • July 13, 2005 Page 3 from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Speafied Anatomical Areas" by the Cit~Js Adult Entertainment Business Ordinance; and h One print advertisement states "XX every Fnday Night at Marganta Beach" including "$2.00 sex shots all night long "All of the advertising refers readers to "www.ieparty coin" for more details The www ieparty coin website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and liclung the breast of anotherwoman, and a woman's buttocks being fondled. The acts depicted in these three photographs are incuded within the definition of "Speafic Sexual Activities" set forth in the Adult Entertainment Business Ordinance The AduR Entertainment Ordinance defines a commercial business that provides "a place where two or more persons may congregate, assoaate, or consort in connection with'Specified Sexual Activities' or the exposure of 'SpeGfied Anatomical Areas' as a "Sexual Encounter Establishment" ;and i. The Planning Commission Resolution No 88-242A also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes On June 17, 2005, Mr. Davidson was convicted and fined for violating a provision of the California Labor Code by permitting smoking inside the business Pnor to issuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. • 1 The proposed use, together with the onginal conditions, as amended to add new or modify conditions imposed by this Resolution, complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Distracts. 3 The Planning Commission hereby finds and determines that the protect identified in this Resolution is categorically exempt from the regwrements of the California Environmental Quality Act of 1970, as amended, ("CEQA") and the Guidelines promulgated thereunder, pursuant to Section 15301 of the Gwdelines 4 Based upon the substantial evidence presented to the Commission dunng the above-referenced public hearings, and upon the speafic findings of facts set forth in paragraphs 1, 2 and 3 above, the Planning Commission finds that the business owner's violation of the Conditional Use Permit, and/or the manner in which the business has been and continues to be operated, is detnmental to the public health, safety and/or welfare, including that of the adjacent residential neighborhood 5 Based on the violations identified above and in order to insure future compliance v~nth the conditions of Planning Commission Resolution No 88-242A, this Commission hereby modifies Conditional Use Pennit No. CUP88-45 by adopting the following conditions: 1) The serving of alcoholic beverages shall be in conjunction only with a restaurant use and the availability of all items listed on the menu The sale and/or serving of alcoholic beverages shall cease when full listed menu items are not available to customers At all times, menu items shall include full, hot "meals," as defined in California Business and Professions Code Section 23038 2) The pnmary use shall be a restaurant and "bona fide eating place" as defined in California Business and Professions Code Section 23038, ~~ PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD -MARGARITA BEACH July 13, 2005 Page 4 with anallary serving of alcoholic beverages In order to establish compliance with this condition, within 15 days of the effective date of this Resolution, and every three (3) months thereafter, the business owner shall provide the City Planner with satisfactory documentation reflecting the percentage of actual gross receipts attnbutable to restaurant food sales, and to the sales of alcoholic beverages, for the first two quarters of 2005 Alternatively, the business owner may provide satisfactory documentation of the business expenditures for restaurant food menu items and for alcoholic beverages, for the same period of time 3) Within 15 days of the effective date of this Resolution, the applicant shall provide the City Planner with an updated floor plan of the lease space indicating the layout of the space and specific location and type of tables and chairs, for review and approval 4) The serving of alcohol in contunction with restaurant usage may occur only between the hours of 11 00 a m. to 11 00 p m The restaurant use may remain open until Midnight. 5) The business owner shall at all times fully comply with all applicable • regulations of the Department of Alcoholic and Beverage Control (ABC), including, but not limited to, those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143.2, 143 3 of Title 4 of the California Code of Regulations) 6) All business activities shall be conducted inside the building. 7) All doors shall remain closed dunng entertainment for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8 00 p m to Midnight. 8) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees only. 9) No entertainment activity shall create any noise that exceeds an extenor noise level of 60d6 dunng the hours of 10.00 p m to 700 a.m., or 65dB dunng the hours of 7 00 a m to 10 00 p.m , or that otherwise unreasonably interferes with the peace and quiet of any adtoining property. The business owner shall not permit entertainment on the premises, except as authonzed by a valid Entertainment Permit 10) The use of search lights, or flashing or otherwise light-animated signs which contain or are illuminated by flashing or moving lights or lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner, shall not be permitted 11) The business owner shall be responsible for the clean up and general maintenance of the areas in front and behind the lease space, and in any and all parking lot areas occupied by its patrons. All collected trash y--~s PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD -MARGARITA BEACH July 13, 2005 Page 5 and debns shall be properly disposed in the trash receptacles located on the site. 12) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but nol limited to, requirements of the Foothill Boulevard Districts, all applicable City Ordinances, Rancho Cucamonga Fire Protection Distnct, and Public Health Codes The business owner shall provide all employees with a copy of these conditions and shall personally ensure that each employee understands and is familiar with each condition 13) Any modification to the floor plan, expansion, or other change in operation shall regwre a revision to this Conditional Use Permit and associated Entertainment Perrnd. 14) All signage, including window signs, shall be in conformance with the Comprehensive Sign Ordinance of the City of Rancho Cucamonga, the applicable Uniform Sign Program for the center, and shall regwre review and approval by the Planning Department. . 15) The dance floor maximum square footage shall not exceed 150 square feet. 16) In the event the business owner fads, at any time, to comply with all the conditions of approval, as amended, or, the operation of the business causes adverse effects generating Complaints by nearby properly _ owners, or, the operation of the business generates a significant number of requests for service by the Police Department, then the Conditional Use Permit shall be brought before the Planning Commission for consideration, including possible modification, imposition of additional conditions, and/or revocation of the Conditional Use Permit 17) The maximum number of occupants shall not exceed permissible limds under the building and fire codes The maximum occupancyforthe use is 233 persons and shall be posted as detertnined by the Rancho Cucamonga Fire Protection Distnct and/or the City's Fire Prevention Und Department 18) No adult entertainment, as defined by the Rancho Cucamonga Muniapal Code Section 17 04 090, shall be permitted. 19) Uniformed secunty personnel shall be provided within the parking area at all times during evening business hours (8 00 p m to Midnight) to control parking and monitor crowd behavior A minimum of one . member of the secunty team shall be continually present at all times When the front parking lot reaches 50 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitonng the parlung lot and directing patrons ~' 1 PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD -MARGARITA BEACH July 13, 2005 Page 6 not to parts within the adjacent residential neighbofiood. Secunty personnel shall immediately report any observed cnminal activities to the Police Department 20) The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the bwlding, in any of the adjacent residential streets, or other off-site locations On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot The number, location, and language of said signs shall be reviewed and approved by the City Planner 21) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, begmmng on the date of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions of approval Two successive 6-month progress reports shall be provided to the Commission begmmng from the date of the last 3-month review. 22) The business owner shall work with the property owner to establish a • Business Watch program forthe commercial centerto address issues related to cnme prevention and personal safety. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY• Macias, 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 13th day of July 2005, by the following vote-to-~nnt. PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD -MARGARITA BEACH July 13, 2005 Page 7 AYES: COMMISSIONERS NOES. COMMISSIONERS. ABSENT: COMMISSIONERS ~~ ~+ ~ g RESOLUTION NO 05-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING ENTERTAINMENT PERMIT NO 91-03 TO OPERATE AND CONDUCT ENTERTAINMENTAND DANCING FOR MARGARITA BEACH, LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF-APN 1077-621-34. A. Rentals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2 On November 13, 1991, the Planning Commission of the City of Rancho Cucamonga adopted their Resolution No 91-184 approving Entertainment Permit No 91-03 for Skipper's Grill and Bar allowing "entertainment," as defined in Section 5 12 020 of the Rancho Cucamonga Municipal Code, (specifically, small bands or individual musicians) and dancing in confundion v~nth a restaurant use at the location as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the permit." 3 Skippers Grill and Bar was approved as a restaurant serving alcoholic beverages, with entertainment occumng indoors, Sunday through Saturday from 8 00 p m to 2 00 a m. 4. In 1996, the Entertainment Permit was transferred to a new owner (Mr Davidson) doing business as Margaritavdle In 2004, the business name was changed to Marganta Beach. 5 At the February 2, 2005, City Councl meeting, 13 residents spoke containing the Marganta Beach business and adverse effects that business has had on their residential neighborhood. Thereafter, the matter was referred to the Planning Commission for a revew of the issues presented, as authorized by the City's Development Code 6 On March 9, 2005, the Planning Commission conducted a duly noticed public heanng to determine whether substantial evidence existed to set a public heanng for a formal review of business operations at Margarita Beach At the heanng 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Marganta Beach. Testimony included submission of letters, petitions and photographs Also included in the staff report was a summary of Police calls for service 7 Based on the testimony presented during the evidentiary hearing, the Planning Commission found that sufficient evidence existed to determine that a public heanng was appropriate and directed City staff to set a public heanng on the matter. 8. On the June 22, 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the matter and after taking public testimony on the operation of the business, the Commission continued the public heanng to July 13, 2005. 9. On July 13, 2005, the Planning Commission of the City of Rancho Cucamonga conducted the continued public heanng on the permit and concluded said heanng on that date. 10 All legal prerequisites prior to the adoption of thisQResolution have occurred. I I~G~ I PLANNING COMMISSION RESOLUTION NO 05-51 EP 91-03 MOD -MARGARITA BEACH July 13, 2005 Page 2 - B. Resolution. NOW, THEREFORE, ii 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 Recitals, Part A, of this Resolution are true and correct. 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanngs on June 22 and July 13, 2005, including wntten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows• a Entertainment Permit No 91-03 applies to the business known as Margarita Beach, located at 9950 Foothill Boulevard, Swtes R & S, with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercal building, and b Marganta Beach consists of a 3,440 square foot leased space that includes restaurant faalities and a bar, and dance floor Pursuant to Conditional Use Permit No. 88-45 and Entertainment Permit No 91-03, Marganta Beach is permitted to serve alcohol and provide entertainment, and is currently open between the hours of 11 00 a m to 2 00 a m. daily, and c Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005, the four members of the Commission (one absent) concluded that the nature of the current business operation had changed from a restaurant use with incidental entertainment to a pnmanly entertainment venue (with food), more along the lines of a nightclub, and d. The findings made by the Planning Commission in their Resolution No 91-184 granting the Entertainment Permit 91-03, pursuant the standards established by the Rancho Cucamonga Municipal Code Section 5 12 080, indicate that the use "will not be contrary to the public health, safety, morals or welfare" and the "the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner " However, testimony has been received from numerous residents of the surrounding neighborhood descnbing a vanety of adverse impacts assouated with Marganta Beach's operation and its customers, and e On June 30, 2005, staff visited the website of radio station X103 9 and found seven photographs identified as from Marganta Beach One of these photographs shows a woman from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Specified Anatomical Areas" by the City's Adult Entertainment Business Ordinance, and f One print advertisement states "XX every Friday night at Marganta Beach" inGuding "$2 00 sex shots all night long "All of the advertising refers readers to "www ieparty coin" for more details The aforementioned website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman, and a woman's buttocks being fondled The acts depicted in these three photographs are included within the definition of "Specific Sexual Activities"set forth in the Adult Entertainment Business Ordinance A commercial business that provides "a place where two or more persons may congregate, associate, or consort in I-E--loo PLANNING COMMISSION RESOLUTION N0.05-51 EP 91-03 MOD -MARGARITA BEACH . July 13, 2005 Page 3 connection with 'Speafied Sexual Activities' or the exposure of 'Speafied Anatomical Areas' is defined as a "Sexual Encounter Establishment" by the Adult Entertainment Ordinance; and g The Planning Commission Resolution No 88-242A approving the Conditional Use Permit also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes and, h Based upon the substantial evidence presented to the Commission dunng the above-referenced public hearings, and upon the speafic findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission specifically finds that violaiions of Condition Nos 3, 10, and 11 of Planning Commission Resolution No. 91-184 have occurred since adoption of said Resolution. The violations of the respective conditions of approval are as follows: i The business operation has caused adverse effects on the adtacent residential uses such as regular, extended parking by Margarita Beach customers in front of residences, excessive noise dunng late nighUearly morning hours, and loitering of patrons within adtacent residential neighborhood ii On June 17, 2005, Mr Davidson was convicted and fined for violating a provision of the California Labor Code by permitting smoking inside the business Prior to issuance of a station, Mr Davidson was given due notice and direction on how to achieve compliance. iii The operation of the business has changed from a restaurant use with insdental entertainment to primarily an entertainment venue with inadental food service, more along the lines of a nightclub, without approved revision to the underlying Conditional Use Pernit allowing a restaurant use 3. The business owner's violation of these conditions and conditions adopted pursuant to Conditional-Use Pernd No 88-45, and/or the manner in which the business has been and continues to be operated, is detrimental to the public health, safety and/or welfare, including that of the adtacent residential neighborhood 4 Based on the violations identified above and in order to insure future compliance wrath the conditions of Planning Commission Resolution No. 91-184, this Commission hereby modifies Entertainment Permit No 91-03 by adopting the following conditions 1) This approval is only for entertainment as an ansllary actrv~ty related to the primary restaurant use Entertainment is approved for small bands or individual musiaans, and a dance floor area. Any change of intenstiy or type of entertainment shall regwre a modification to this permit. 2) The dance floor shall not exceed 150 square feet. 3) The provision of entertainment is limited to between 8 00 p m and Midnight, Sunday through Saturday Any expansion of days and/or hours shall require modification of this pernit 4) No adult entertainment, as defined in the Rancho Cucamonga Munispal Code, Section 17 04 090, shall be permitted at any time. 5) All entertainment shall be conducted entirely inside the bwlding. ~--lUl PLANNING COMMISSION RESOLUTION NO 05-51 EP 91-03 MOD -MARGARITA BEACH . July 13, 2005 Page 4 6) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes The rear (north) doors shall be used only for emergenaes from 8.00 p.m to Midnight. 7) No entertainment activity shall create any noise that exceeds an exterior noise level of 60 d6 during the hours of 10.00 p m. to 7 00 a m , or 65dB during the hours of 7 00 a m to 10 00 p.m , or that otherwise unreasonably interferes with the peace and quiet of any adtoining property The business owner shall not permit entertainment on the premises, except as authorized by a valid Entertainment Permil. 8) Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for "Fire Exit" purposes only. 9) The applicant shall at all times fully comply with all applicable regulations of the Department of Alcoholic and Beverage Control (ABC), including those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143 2, 143 3 of Title 4 of the California Code of Regulations). 10) In the event the business owner fads, at any time, to comply with all of . the conditions of approval, as amended, or, the operation of the business while entertainment is being provided causes adverse effects generating complaints by nearby property owners, or, the operation of the business while entertainment is being provided generates a significant number of requests for service by the Police Department, then the Entertainment Permit shall be brought before the Planning -Commission for renew, including possible modification, imposition of additional conditions, and/or revocation of the permit 11) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but not limited to, requirements of the Foothill Boulevard District, all applicable City Ordinances, Rancho Cucamonga Fire Protection District ordinances, all conditions contained in Resolution No 91-184, to the extent not modified herein, and Public Health Codes The business owner shall provide all employees with a copy of these conditions and shall personally ensure that each employee understands and is familiar with each condition of this Resolution 12) The term of the Entertainment Permit is one year The business owner shall annually renew this Entertainment Permit per Municipal Code Section 5 12 115 Renewal of said permit shall be based on full compliance with all the condtions of this approval, as modified, and those of the associated Conditional Use Permit for the premises 13) The maximum number of occupants shall not exceed budding and fire codes. Unless revised by a change in or interpretation of any ~-}-- f D a PLANNING COMMISSION RESOLUTION NO 05-51 EP 91-03 MOD -MARGARITA BEACH . July 13, 2005 Page 5 applicable statute or regulation, the maximum occupancy for the use is 233 persons and the same shall be posted as determined by the Rancho Cucamonga Fire Protection Distnct and/or the City's Fire Prevention Unit Department. 14) Uniformed secunty personnel shall be provided within the parking area at all times dunng evening business hours (8 00 p m to Midnight) to control parking and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times When the front parking lot reaches 50 percent capaaty, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitoring the parking lot and directing patrons not to park within the adjacent residential neighborhood Security personnel shall immediately report any observed criminal activities to the Police Department 15) The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the budding, in any of the adjacent residential streets, or other off-site locations On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot The number, location and • language of said signs shall be reviewed and approved by the City Planner 16) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, beginning on the date of this Commission action The report shall indicate whether the business establishment has been -operating in compliance wdh-all conddions contained in this Resolution Two successive 6-month progress reports shall be provided to the Commission beginning from the date of the last 3-month review. 17) The business operator shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the renewal of the Entertainment Permit, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, would not be contrary to the public health, safety, morals or welfare, and b. That the premises or establishment, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, is not likely to be operated in an illegal, improper or disorderly manner, and c. That the applicant, or any person assoaated with him as principal or partner or in a position or capaaty involving partial or total control over the conduct of the business for which such l03 PLANNING COMMISSION RESOLUTION NO 05-51 EP 91-03 MOD -MARGARITA BEACH • July 13, 2005 Page 6 permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any gffense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in contunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years, and d. That renewal of the Entertainment Permit, as originally conditioned, and as amended to add new or modify conditions imposed by this Resolution, allowing the business to continue to provide entertainment, would not create a public nuisance, and e. That the normal operation of the premises, as originally conditioned and as the Conditional Use Permit and Entertainment Permit have been amended to add new or modify conditions imposed by this Resolution, will not interfere with the peace and gwet of the surrounding commercial center and adiacent residential uses, and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 6. This Commission hereby finds and determines that the protect identfied 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. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY. Rich Macias, Chauman 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 13th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS. ABSENT: COMMISSIONERS• • f }--ley' C~ • T H E C I T Y O F ANCtIO CIICAMONGA Staff Report DATE: July 13, 2005 TO' Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting Clty Planner gy; Candyce Burnett, Associate Planner SUBJECT: TIME EXTENSION FOR TENTATIVE PARCEL MAP SUBTPM15699 -BCA DEVELOPMENT -A request for a time extension for a previouslyapprovedtentative parcel map to subdivide 248 63 acres into six parcels, part of a larger project which includes a request for a parcel map and two tentative tract maps to subdivide 248.63 acres of land into 632 lots for the purpose ofsingle-family home construction in the Low Residential District (2-4 units per acre) of the Etiwanda North Specific Plan, located north of W ilson Avenue, east of Day Creek Boulevard, and west of Etiwanda Avenue - APN:0225-071-37, 48, 50, and 51 and 0225-081-08, 09, 11, 14, and 15. Related Files: Tentative Tract Maps SUBTT16226 and SUBTT16227. Staff has found the project to be within the scope of the protect covered by a prior Environmental Impact Report and a Supplemental Environmental Impact Report both certified by the County of San Bernardino Board of Supervisors in June 1991 and October 1999, respectively and an Initial Study Addendum certified by the City of Rancho Cucamonga In August 2001, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report. TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16226 - BCA DEVELOPMENT - A request for a time extension for a previously approved tentative tract map to subdivide 92 78 acres into 265 lots for single-family home construction. The tract Is part of a larger protect which Includes a request for a parcel map and two tentative tract maps to subdivide 248 63 acres of land Into 6321ots forthe purpose of single family home construction In the Low Residential District (2-4 dwelling units per acre) of the Etiwanda North Specific Plan, located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue - APN• 0225-071-37, 48, and 50 and 0225-081-08, and 11 Related Files. Tentative Tract Maps SUBTPM15699 and SUBTT16227. Staff has found the protect to be within the scope of the protect covered by a prior Environmental Impact Report and a Supplemental Environmental Impact Report both certified by the County of San Bernardino Board of Supervisors In June 1991 and October 1999, respectively and an Initial Study Addendum certified by the Clty of Rancho Cucamonga in August 2001, and does not raise or create new environmental Impacts not already considered In that Environmental Impact Repoli and Supplemental Environmental Impact Report. ITEMS J, K, L PLANNING COMMISSION STAFF REPORT TIME EXTENSION FOR SUBTPM15669, SUBTT16226, AND SUBTT16227-BCA DEVELOPMENT • July 13, 2005 Page 2 TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16227- BCA DEVELOPMENT -A request for a time extension for a previously approved tentative tract map to subdivide 144 94 acres into 367 lots for the purpose of single-family home construction. The tract is part of a Larger protect which includes a request for a parcel map and two tentative tract maps to subdivide 248.63 acres of land into 632 lots for the purpose ofsingle-family home construction in the Low Residential Distract (2-4 dwelling units per acre) of the Etiwanda North Specific Plan, located north of W dson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue - APN: 0225-071-51 and 0225-081-09, 14, and 15. Related Files: Tentative Tract Maps SUBTPM15699 and SUBTT16226. Staff has found the protect to be within the scope of the protect covered by a pnor Environmental Impact Report and a Supplemental Environmental Impact Report both certified by the County of San Bernardino Board of Supervisors in June 1991 and October 1999, respectively and an Initial Study Addendum certified by the City of Rancho Cucamonga in August 2001, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report. BACKGROUND• The Planning Commission approved Tentative Parcel Map SUBTPM15699, Tentative Tract Map SUBTT16226, and Tentative Tract Map SUBTT16227 on July 24, 2002, for a 3-year perod. This is the first request for a time extension. There have been no changes to the City's development standards since these maps were approved. ANALYSIS: A. Subdivision Map: On January 6, 1999, the City Council amended the City's Subdivision Ordinance to establish a 3-year initial approval period for tract and parcel maps (increased from 2 years previously). The amendment also allows the Planning Commission to grant time extensions in 12-month increments for up to 5 years (a maximum of 8 years from the original time approval), which is the maximum allowed under the State Subdivision Map Act Section 66452 69 (e). The maximum life of this protect would be up to 8 years from the date of approval (final expiration on July 24, 2010). Additionally, a rough Grading Permit was issued on March 1, 2005, and the final maps are in plan check. B. Environmental Assessment. An Environmental Impact Report was prepared and certified by the County of San Bernardino Board of Supervisors in June 1991, a Supplemental Environmental Impact Report was certified by the County of San Bernardino Board of Supervisors in October 1999, and an Initial Study Addendum was certified by the City of Rancho Cucamonga in August 2001. The proposed time extension requests do not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report since the Tentative Parcel Map and Tentative Tract Maps were originally approved on July 24, 2002. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radws of the protect site. ~, ~ , ~ a PLANNING COMMISSION STAFF REPORT . TIME EXTENSION FOR SUBTPM15669, SUBTT16226,AND SUBTT16227- BCA DEVELOPMENT July 13, 2005 Page 3 RECOMMENDATION: Staff recommends that the Planning Commission grant a 1-year time extension for Tentative Parcel Map SUBTPM15699, Tentative Tract Map SUBTT16226, and Tentative Tract Map SUBTTI6?29'~rough the adoption of the attached Resolution. Dan Coleman Acting City Planner DC:CB/Is Attachments: Exhibit A -Letter(s) from Applicant Dated April 19, 2005 Exhibit B -Vicinity Map Exhibit C -Tentative Parcel Map and Tentative Maps Exhibit D -Initial Study Draft Resolution of Approval for Time Extension for SUBTPM15699 • Draft Resolution of Approval for Time Extension for SUBTT6226 Draft Resolution of Approval for Time Extension for SUBTT16227 ~J ~, +~, ~ 3 ~ DEVELOPMENT, INC. April 19, 2005 City of Rancho Cucamonga Planning Departrnent 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Tentative Tract No. 16227 Rancho Etiwanda Estates To Whom It May Concern: By way of this letter, we are hereby requesting a Map Time Extension on Tentative Tract No. 16227 due to unforeseen delays m schedule due to weather. Should you have any questions, please don't hesitate to contact this office. Sincerely, ment, Inc Ben C. Anderson President BCA:Icv Enclosures ~~ i EXHIBIT A ~, -~, ~ ~--1~ 17780 Fitch Street, Suite 120, Irvine, CA 92614 Telephone (949) 863-1055 -Fax (949) 863-0065 ,' DEVELOPMENT, INC. April 19, 2005 City of Rancho Cucamonga planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE; Parcel Map 15699 Rancho Etiwanda Estates To Whom It May Concern: By way of this letter, we aze hereby requesting a Map Ttme Extension on Parcel Map No. 15699 due to unforeseen delays in schedule due to weather . Should you have any questions, please don't hesitate to contact this office. Sincerely, Ben C. Anderson President BCA:kv Enclosures ~~ 17780 Fitch Street, Suite 120, Irvine, CA 92614 Telephone (949) 863-1055 -Fax (949) 863-0065 DEVELOPMENT, INC. April 19, 2005 City of Rancho Cucamonga Planning Depazhnent 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: Tentative Tract No. 16226 Rancho Etiwanda Estates To Whom It May Concern: By way of this letter, we aze hereby requesting a Map Ttme Extension on Tentative Tract No. 16226 due to unforeseen delays in schedule due to weather. Should you have any questions, please don't hesitate to contact this office. Sincerely, BC eve ent, Inc Ben C. Anderson President BCA:kv Enclosures A-3 ~, 1`~, ~- ~.P 17780 Fitch Street, Surte 120, Irvine, CA 92614 TelepLone (949) 863-1055 -Fax (949) 863-0065 LOCATION MAP RANCHO ETIWANDA ESTATES SITE ~ ---- - L,a~wP---- scE- --& M i I~~ i~ ~ I 'WILSON AVENUE 3 I I II ~ III ~ I I w z w z "' I I = m I a II I I I I BANYAN ' II I I W I I I ~' ~ I I ~ W Q 3 ' _ II o II it I I ~ m ~ STREET EXHIBIT B ~S~ ~~ L ~- a ~~ ~a $ ow ~a~$1 oQy~~ °'"`~~ ~~c;~ ~~z w ~~ ~ ~x YRal i,~ i I!E!l..f y ~{ iaia°aYSa°i4~~1°i-=4~iii~}i}ii viii uti iiul}Fiiii ~i aeii ~ 4~YY ~ C:'c['ii='s"'K...,...r°. ...i•Ct Cf CSL :;;'ei LSi"a'.:~~q :iila:i { E ° '' ~ € ~Yl~f ~i y1 ~' i i l:iii :I:iS siil~ii:9:; :icia6€iii3.vE:=it::~ ~~ .Y.a.... 999 ~leesseet! ! ! 4MOBMB~ ! 9 € I ~ ~~E ~~I Ila ~ ~1 t jF !6 ~ !4 ~r+ ~`_ $ 4 ~ n dg { ~~'Q C ~lil 6 ~i~[ ~ Ile9 ~ f~l:°ji e9°:~[ I.~a4~t 94i~1 rvu~ff~T A ij !~! i6 i ~ i ,;~! ¢ i ~!i ~ ~! I~ t~e i. ~ i 1 glm a E a "'. ~~~ ~O~ F ~ F at b ~1 I ~ ~_ ;~ ,! u a ~' .-E ~ ~~ ! ! u t, U V 9ii91 y7V1LL se ~$s ~ ~ ~~ ..1 r ~t t ~I ~lEI I ~~ g~,i ~~ali ~ ~~ ~'" n ~a ~ 0 $~ ~ ~E" ~. t¢ N b~ z ~"Nc~8 .- ~~~g~~ d o=~ ~~zQ~ ~~ of < h ~ q;.. S C-2 i s ~ jl ~ ~ ~ I,t alt II i ~!1 ! I, I z N ~I:lt !:ic 4~l~ 61l~ l~tl~ !"ql ~, i~ i ~ z I ~] , ~ 1 1 ~6~eei+l~i1 < 1 1 ~ a 1 I~ -II lli;l!~i~~l,l .i0li~ I ' I ~ lets A 1! i t g p ff!q'!, I~~letl~~l~5..9 IAlq!!il lit l:i ..,... 92291 aa ~•83- i( ~ J ° r- ~~~ 1•es- I I~ :1 %' ~ ~ ` AI. t- ~~ F `~ ~Z~ ~° ~ r~~~~ P ~ ~ ° l~~i~!I~1 s (l ~ ICI a ~I ~ ' ~ 1 1 ~ w j ~y _ ~~ -- ,Bi . B .. I I C-3 ~~!_'- w r~~l _ ~r ~y I ° JL~ ° j r r~ ,~ ~y 1 0~ I e j Cl_~ ~ !_ I ~ -o ~ ~ ~, ,y LZZ9T 1~NT11 3AI1Y1N31 • ~~,~ 6 Ng ~ N ~ ~O O ~~ O~ z~ U ~ ~v E^ v w~ > ~ p E e Z C ~ ~ ~ p: ~. , -~ i leisl!~ip ~~}I~s°~ ~, T e e! T ! ':!o og i 1 0 ! ~ ~ 'le "1e ee ~yaa pfy~e ~xl, .1F 9Ce1 4t:~[ ~:!! ~,l[ l.~I EIII ~:ltH 6:9o9!ii ~~31L ~ d ~tl..T 1 . ! 1 ~ T .i e r 9 ' ~ 0j ~ r e!e~~ 6,,1 e , j~lYl~! ~ ~~ il~ 191 { it i," it ~.~' ~l! ~ei !! C~: i ~ 1! ~ 1!i! .......... - ~ C-4 ~~ ~ 1 1 €C n~b. N~~' ~O ~r z$~~ `e ~B [; • • C~ City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project Files: SUBTPM15699, SUBTT16226, and SUBTT16227 2. Related Files: DRCDA01-01, DRCGPA01-01 D, and DRCENSPA01-02 3. Description of Project: TIME EXTENSION FOR TENTATIVE PARCEL MAP SUBTPM15699 -BCA DEVELOPMENT - A request for a time extension for a previously approved tentative parcel map to subdivide 248 63 acres into six parcels, part of a larger protect which includes a request for a parcel map and two tentative tract maps to subdivide 248 63 acres of land into 632 lots for the purpose of single-family home construction in the Low Residential Distract (2-4 units per acre) of the Etiwanda North Specific Plan, located north of Watson Avenue, east of Day Creek Boulevard, and west of Etiwanda Avenue - APN~ 0225-171-47, 48, 50, and 51, and 0225-181-09, 11, 14, and 15. Related Files: Tentative Tract Maps SUBTT16226 and SUBTT16227. Staff has found the protect to be within the scope of the protect covered by a pnor Environmental Impact Report certified by the County of San Bernardino Board of Supervisors in 1991, and Supplemental Environmental Impact Report certified by the City of Rancho Cucamonga in July 2001, respectively, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16226 - BCA DEVELOPMENT - A request for a time extension for a previously approved tentative tract map to subdivide 92.78 acres into 265 lots for single-family home construction. The tract is part of a larger protect which includes a request for a parcel map and two tentative tract maps to subdivide 248.63 acres of land into 632 lots for the purpose of single-family home construction in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda North Specific Plan, located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue - APN 0225-171-47, 48, 50, and 51 and 0225-181-09, 11, 14, and 15. Related Files: Tentative Tract Map SUBTPM15699 and Tentative Tract Map SUBTT16227 Staff has found the protect to be within the scope of the protect covered by a pnor Environmental Impact Report certified by the County of San Bernardino Board of Supervisors in 1991, and Supplemental Environmental Impact Report certified by the City of Rancho Cucamonga in July 2001, respectively, and does not raise or create new environmental impacts not already considered m that Environmental Impact Report and Supplemental Environmental Impact Report. TIME EXTENSION FOR TENTATIVE TRACT MAP SUBTT16227- BCA DEVELOPMENT - A request for a time extension for a previously approved tentative tract map to subdivide 144 94 acres into 367 lots for the purpose of single-family home construction. The tract is part of a larger protect which includes a request for a parcel map and two tentative tract maps to subdivide 248 63 acres of land into 632 lots for the purpose of single-family home construction in the Low Residential District (2-4 dwelling EXHIBIT D S,Y~, L 13 Initial Study for City of Rancho Cucamonga SUBTPM15699, SUBTT16226, SUBTT16227 Page 2 units per acre) of the Etiwanda North Specific Plan, located north of Wilson Avenue, east of Day Creek Boulevard and west of Etiwanda Avenue - APN: 0225-171-47, 48, 50, and 51 and 0225-181-09, 11, 14, and 15. Related Files: Tentative Tract Map SUBTPM15699 and SUBTT16226. Staff has found the protect to be within the scope of the protect covered by a prior Environmental Impact Report certified by the County of San Bernardino Board of Supervisors in 1991, and Supplemental Environmental Impact Report certified by the City of Rancho Cucamonga in July 2001, respectively, and does not raise or create new environmental impacts not already considered in that Environmental Impact Report and Supplemental Environmental Impact Report. 4. Project Sponsor's Name and Address: BCA Development, Inc Ben Anderson 17780 Fitch Street, Swte 120 Irvine, CA 92614 5. General Plan Designation: Low Density Residential 6. Zoning: Low (2-4 dwelling units per acre) UUhty Corndor 7. Surrounding Land Uses and Setting: The site is located at Day Creek Boulevard, north of Wilson Avenue, west of Etiwanda Avenue. The site is bordered by a Southern California Edison Corridor designated Utility Corndor, Flood Control to the west, North Etiwanda Preserve (vacant) designated Hillside Residential to the north, Etiwanda Creek/vacant land designated Low Residential (2-4 dwelling units per acre) to the east, and recently-constructed smgle- family homes designated Low Residential (2-4 dwelling units -per acre) to the south (University Planned Development). The original site sloped to the south and is part of a broad alluvial fan located at the based of the San Gabnel Mountains. The site burned during the 2003 Grand Pnx Fire and was rough graded during the past 12 months. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Candyce Burnett, Associate Planner (909) 477-2750 10. Other agencies whose approval is required: None ANALYSIS: The Development Agreement for the Rancho Etiwanda Estates area provides fora 632 lot single-family subdivision on 248 63 acres located west of Etiwanda Avenue north of Wilson Avenue The Site Plan and building elevations for the proposed development are • • ~~~~ L ~~ Initial Study for City of Rancho Cucamonga SUBTPM15699, SUBTT16226, SUBTT16227 Page 3 established by the Development Agreement and are intended to be generally consistent with development standards in the Development Code and Etiwanda North Specific Plan. The impacts of the protect were evaluated as part of the EIR and no change is proposed. The protect will be required to implement all pertinent mitigation measures adopted in the Master Environmental Impact Report (EIR) for the Rancho Etiwanda Estates Development (formerly the University/Crest Planned Development) as covered by the Environmental Impact Report and Subsequent Environmental Impact Report (1991), as certified by the County of San Bernardino, and Subsequent Environmental Impact Report (2001), as certified by the City of Rancho Cucamonga. DETERMINATION On the basis of this initial evaluation: (X) I find that although the proposed protect could have a sigrnficant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed protect. Signed• andyce Burnett ssociate Planner June 1, 2005 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tienng, 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 in 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 in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Department offices, 10500 Civic Center Drive: (X) Environmental Impact Report for University/Crest Planned Development (State Clearinghouse No. 88082915) . (Certified June 1991) (X) Supplemental Environmental Impact Report for Revised University project (State Clearinghouse No. 98121091) (Certified October 26, 1999) 5~~, L15 Initial Study for City of Rancho Cucamonga SUBTPM15699, SUBTT16226, SUBTT16227 Page 4 (X) Initial Study/Addendum for Revised University Project (Certified August 1, 2001) APPLICANT CERTIFICATION I certify that I am the applicant for the protect described in this Initial Study. I acknowledge that 1 have read this Initial Study and the proposed mitigation measures. Further, I have revised the protect plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Signature: ~ ~ ~ ~.. ~°~° Print Name and Title: ("f•VA ~ RESOLUTION NO. 05-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE EXTENSION OF PREVIOUSLY APPROVED TENTATIVE PARCEL MAP SUBTPM15699, A SUBDIVISION OF 6 PARCELS ON 248 63 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 UNITS DWELLING UNITS PER ACRE) OF THE NORTH ETIWANDA SPECIFIC PLAN, LOCATED NORTH OF WILSON AVENUE, EAST OF DAY CREEK BOULEVARD, AND WEST OF ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-071-37, 48, 50, AND 51 AND 0225-081-08, 09, 11, 14, AND 15. A. Recitals. 1. BCA Development filed an application for the extension of the approval of Tentative Parcel Map SUBTPM15699, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map SUBTPM15699 Time Extension request is referred to as "the application." 2. On July 24, 2002, this Commission adopted its Resolution No 02-76, thereby, approving the application subject to speufic conditions and time limits. 3 On July 13, 2005, 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. 4 All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby speafically finds that all of the facts set forth in the Recitals, 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 July 13, 2005, including written and oral staff reports, together with public testimony, this Commission hereby speafically finds as follows: a. The previously approved Tentative Parcel Map SUBTPM15699 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; b. The extension of the Tentative Parcel Map SUBTPM15699 approval wdl not cause significant inconsistenaes with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c The extension of the Tentative Parcel Map SUBTPM15699 approval is not likely to cause public health and safety problems; and d. The extension is within the time limns established by Siate law and local ordinance. (., 1'~- PLANNING COMMISSION RESOLUTION NO 05-54 SUBTPM15699 -BCA DEVELOPMENT July 13, 2005 Page 2 3. An Environmental Impact Report (State Clearinghouse No 88082915) was prepared and certified by the County of San Bernardino as a Master Environmental Impact Report for the University/Crest Planned Development in June 1991. The California Environmental Quality Act (CEQA) provides that once a Master Environmental Impact Report has been certified, no further Environmental Impact Report or Negative Declaration is required for subsequent protects within the scope of the Master Environmental Impact Report In October 1999, the County of San Bernardino Board of Supervisors certified a supplement to the Environmental Impact Report (State Clearinghouse No. 98121091) because of a revision to the University/Crest Planned Development. In August 2001, the City of Rancho Cucamonga prepared an Addendum to address issues associated with adoption of the Rancho Etiwanda Development Agreement. The Addendum identified no substantial changes in the pro/ect that would require a ma/or revision to the previous Environmental Impact Report. Based upon the facts and information contained m the certified Environmental Impact Report, together with all wntten and oral reports, the Planning Commission finds that there is no substantial evidence that the project wdl have a significant effect upon the environment. a. There have not been substantial changes in the pro/ect that require major revisions to the previous Environmental Impact Report because of no new significant environmental effects or substantial rcrease in the severity of the previously identified significant effects. b. There have not been substantial changes with respect to the circumstances under which the profect is undertaken, which will require major revisions to the previous Environmental Impact Report because of the involvement of new significant environmental effects or a substantial increase in the seventy of previously identified significant effects. c There is no new mfonnation of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Environmental Impact Report was certified as complete, that shows any of the following: 1) the project will have one or more significant effects not discussed in the previous Environmental Impact Report, 2) significant effects previously examined wdl be substantially more severe than shown m the previous Environmental Impact Report; 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the protect but the pro/ect proponents decline to adopt the mitigation measure or altematrve, or 4) mitigation measures or alternatives, which are considerably different from those analyzed in the final Environmental Impact Report, would substantially reduce one or more significant effects on the environment, but the pro/ect proponents decline to adopt the mitigation measure or altematrve. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for Tentative Mau Aaulicant Exuiration SUBTPM15699 BCA Development July 13, 2006 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO 05-54 SUBTPM15699-BCA DEVELOPMENT July 13, 2005 Page 3 BY: Rich Macias, 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 13th day of July 2005, by the following vote-to-vwt: AYES: COMMISSIONERS. NOES COMMISSIONERS: ABSENT' COMMISSIONERS ~, ~, ~ ~q RESOLUTION NO. 05-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE EXTENSION OF PREVIOUSLY APPROVED TENTATIVETRACT MAP SUBTT16226, FOR A SUBDIVISION OF 265 LOTS ON 92.78 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 UNITS DWELLING UNITS PER ACRE) OF THE NORTH ETIWANDA SPECIFIC PLAN LOCATED NORTH OF WILSON AVENUE, EAST OF DAY CREEK BOULEVARD, AND WEST OF ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0225-071-37, 48, AND 50, AND 0225-061-08, AND 11. A. Recitals. 1. BCA Development filed an application for the extension of the approval of Tentative TraG Map SUBTT16226, as descnbed in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map SUBTT16226 Time Extension request is referred to as "the applicatOn." 2. On July 24, 2002, this Commission adopted its Resolution No 02-77, thereby, approving the application subject to specific conditions and time limits 3. On July 13, 2005, 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 . 4. 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 specifically finds that all of the facts set forth in the Recitals, 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 July 13, 2005, including wnrien and oral staff reports, together wrath public testimony, this Commission hereby specifically finds as follows• a The previously approved Tentatve Tract Map SUBTT16226 rs in substantial compliance with the Cites current General Plan, specific plans, ordinances, plans, codes, and polices; b. The extension of the Tentative Tract Map SUBTT16226 approval wdl not cause significant inconsistencies with the current General Plan, speafic plans, ordinances, plans, codes, and policies; and c. The extension of the Tentative Parcel Tract SUBTT16226 approval is not likely to cause public health and safety problems; and d The extension is within the time limits established by State law and local ordinance 3. An Environmental Impact Report (State Cleannghouse No 88082915) was prepared and certified by the County of San Bernardino as a Master Environmental Impact Report for the University/Crest Planned Development in June 1991 The California Environmental Quality Act (CEQA) provides that once a Master Environmental Impact Report has been certified, no further c7'; I~ ~ ~--- av PLANNING COMMISSION RESOLUTION NO OS-55 SUBTT16226 -BCA DEVELOPMENT Ju1Y 13, 2005 Page 2 Environmental Impact Report or Negative Declaration is required for subsequent projects within the scope of the Master Environmental Impact Report. In October 1999, the County of San Bernardino Board of Supervisors certified a supplement to the Environmental Impact Report (State Cleannghouse No 98121091) because of a revision to the University/Crest Planned Development. In August 2001, the City of Rancho Cucamonga prepared an Addendum to address issues associated with adoption of the Rancho Etiwanda Development Agreement. The Addendum identified no substantial changes m the project that would regwre a mator revision to the previous Environmental Impact Report. Based upon the facts and information contained in the certified Environmental Impact Report, together with all wntten and oral reports, the Planning Commission finds that there is no substantial evidence that the protect will have a significant effect upon the environment. a There have not been substantial changes in the protect that require major revisions to the previous Environmental Impact Report because of no new significant environmerrial effects or substantial increase m the seventy of the previously identified significant effects. b. There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will regwre mator revisions to the previous Environmental Impact Report because of the involvement of new significant environmental effects or a substantial increase in the seventy of previously identified significant effects. c. There is no new information of substantial importance, which was not known and could not have been known with the exerase of reasonable diligence at the time the Environmental Impact Report was certified as complete, that shows any of the following: 1) the project will have one or more significant effects not discussed in the previous Environmental Impact Report, 2) significant effects previously examined wdl be substantially more severe than shown in the previous Environmental Impact Report, 3) mitigation measures or altematrves previously found not to be feasible would m fact be feasible, and would substantially reduce one or more significant effects of the pro~ecl but the project proponents decline to adopt the mitigation measure or altemative; or 4) mitigation measures or alternatives, which are considerably different from those analyzed m the final Environmental Impact Report, would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or altemative. 4 Based upon the findings and conclusions set forth m paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for. Tentative Maa Apalicant Exairation SUBTT16226 BCA Development July 13, 2006 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich MaGas, Chairman S, ~,~ai PLANNING COMMISSION RESOLUTION NO 05-55 • SUBTT16226 - BCA DEVELOPMENT July 13, 2005 Page 3 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 13th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS• NOES: COMMISSIONERS: ABSENT: COMMISSIONERS. • ~,~,,~aa . RESOLUTION NO. 05-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE EXTENSION OF PREVIOUSLYAPPROVEDTENTATIVETRACTMAP SUBTT16227, A SUBDIVISION OF 367 LOTS ON 144 94 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 UNITS DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF WILSON AVENUE, EAST OF DAY CREEK BOULEVARDAND WEST OF ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0225-071-51 AND 0225-081-09, 14, AND 15. A. Rentals. 1. BCA Development filed an application for the extension of Tentative Tract Map SUBTT16227, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subtect Tentative Tract Map SUBTT16227 Time Extension request is referred to as "the application." 2 On July 24, 2002, this Commission adopted its Resolution No 02-78, thereby approving the application subtect to specific conditions and time limits. 3. On July 13, 2005, 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. • 4. 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-m the Recitals, Part A, of this Resolution are true and correct. 2 _Based upon the substantial evidence presented to this Commission dunng the above- referenced public hearing on July 13, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Tract Map SUBTT16227 is m substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; b. The extension of the Tentative Tract Map SUBTT16227 approval wdl not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Tentative Tract Map SUBTT16227 approval is not likely to cause public health and safety problems, and d. The extension is within the time limits established by State law and local ordinance. 3 An Environmental Impact Report (State Cleannghouse No 88082915) was prepared and certified by the County of San Bernardino as a Master Environmental Impact Report for the University/Crest Planned Development m June 1991 The California Environmental Quality Act (CEQA) provides that once a Master Environmental Impact Report has been certified, no further 5,~,~a3 PLANNING COMMISSION RESOLUTION NO. OS-56 SUBTT16227 -BCA DEVELOPMENT July 13, 2005 - Page 2 Environmental Impact Report or Negative Declaration is required for subsequent projects within the scope of the Master Envrronmental Impact Report In October 1999, the County of San Bernardino Board of Supervisors certified a supplement to the Environmental Impact Report (State Cleannghouse No 96121091) because of a revision to the University/Crest Planned Development. In August 2001, the City of Rancho Cucamonga prepared an Addendum to address issues associated with adoption of the Rancho Etiwanda Development Agreement The Addendum identified no substantial changes in the protect that would require a mayor revision to the previous Environmental Impact Report Based upon the facts and information contained in the certified Environmental Impact Report, together with all written and oral reports, the Planning Commrssion finds that there is no substantial evidence that the project wdl have a significant effect upon the environment. a There have not been substantial changes in the project that require major revisions to the previous Environmental Impact Report because of no new significant environmental effects or substantial inuease in the seventy of the previously identified significant effects. b, There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require mayor revisions to the previous Environmental Impact Report because of the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Environmental Impact Report was certified as complete, that shows any of the following: 1) the protect will have one or more significant effects not discussed in the previous Environmental Impact Report; 2) significant effects previously examined will be substantially more severe than shown in the previous Environmental Impact Report; 3) mitigation measures or altematives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project but the project proponents decline to adopt the mitigation measure or altemative, or 4) mitigation measures or altematives, which are considerably different from those analyzed in the final Environmental Impact Report, would substantially reduce one or more significant effects on the environment, but the protect proponents decline to adopt the mitigation measure or altemative. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for. Tentative Map Applicant Expiration SUBTT16227 BCA Development July 13, 2006 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA . BY: Rich Macias, Chairman ~,~,,~a~ PLANNING COMMISSION RESOLUTION NO 05-56 . SUBTT16227 - BCA DEVELOPMENT July 13, 2005 Page 3 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 13th day of July 2005, by the following vote-to-wit AYES: COMMISSIONERS: NOES: COMMISSIONERS. ABSENT: COMMISSIONERS: ~,~,~as ANC90 rv o UCAMONGA Staff Report DATE. July 13, 2005 TO: Chairman and Members of the Planning Commission FROM: Buller, City Planner BY: Mike Smith, Assistant Planner SUBJECT: TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER - A request to subdivide 1 28 acre into three lots in the Low Residential District (2-4 dwelling units per acre), located at 7510 Hellman Avenue - APN• 0208-162-38 Related file• Tree Removal Permit DRC2005-00394. This action is categorically exempt per California Environmental Quality Act Gwdelines Section 15315 Minor Land Divisions. ANALYSIS' A. Site Charactenstics• The project site is located on the west side of Hellman Avenue, near the terminus of Eiger Way The project site is trapezoidal in shape with approximate dimensions of 222 feet (east-west) by 215 feet (north-south) with an overall area of about 55,700 square feet. The site is partially developed with one single-family residence at the north side of the parcel. The properties to the north and west are developed with single-family residences Across the street, to the east, is Rancho Cucamonga Middle School. To the south is vacant property that was recently approved for a subdivision into two parcels (Tentative Parcel Map SUBTPM16482). The existing topography slopes from about 1,342 feet on the north side of the lot to about 1,330 feet on the south side. Aside from the existing house, the property is dominated by low grass, bushes, and numerous trees of vanous speaes, size, and condition An existing dnve approach at Hellman Avenue provides the only access to the site and is currently in use by the property owner who lives in the existing residence The different pace of development on the surrounding properties has led to lot sizes that vary within a range of 7,200 square feet (parcels to the west) to 35,000 square feet (parcels to the north and south) All properties surrounding the subject site are zoned Low Residential Distnct. B. Project Description: The applicant is proposing to subdivide the parcel into three parcels. Parcels 1, 2, and 3 wdl have areas of 20,408 square feet, 13,872 square feet, and 15,105 square feet, respectively The existing residence will remain on Parcel 1; the other two parcels will be developed at a later date. Frontage for Parcels 1 and 2 wdl be on Hellman Avenue; however, at the direction of the City's Engineering Department, access to both wdl be limited to a single, shared drive approach. Frontage and corresponding access for Parcel 3 wdl be on Eiger Way Note that access frpm Parcel 3 to Eiger Way will be via a modified cul-de-sac. This design was accepted by the City's Engineering Department and Item M PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER July 13, 2005 Page 2 will be constructed as part of the development of the property to the south of the subtect site. At this time, the applicant has not submitted any house designs for review However, each home will be required to comply with the City's development and design standards to be verified during plan check. C. Aaplicable Regulations. The proposed parcels are subtect to the site development standards of the Low Residential Distract. Each lot wdl exceed the minimum requrements established for this zone as outlined in Table 17 080.040-B of the Development Code (Exhibit H), including lot area, depth, width, and street frontage. D. Neighborhood Meeting: On May 25, 2005, a meeting was conducted to gather input and comments from the owners of the surrounding properties within 300 feet of the project site. Staff was unable to attend this meeting, however, the applicant submitted a letter summarizing the meeting (Exhibit E) Only two people attended this meeting; one was concerned about a potential increase in traffic on Eiger Way and the other was concerned about contamination of the water supply. The applicant noted to the satisfaction of the first property owner that only one parcel would have direct access to Eiger Way, (the other two wdl have access via Hellman Avenue). Staff believes that the second property owner's concern regarding water supply contamination wdl be adequately minimized, if not eliminated altogether, by the procedures that are utilized in connecting water lines and regwrements for doing so that are enforced by the Building and Safety Department and the Cucamonga Valley Water Distract E. Grading Technical and Design Review The Grading, Technical, and Design Review Committees completed their analyses and accepted the protect as submitted at their respective meetings held on May 31, 2005 (Exhibit F) F. Tree Removal Permit DRC2005-00394: The applicant proposes to remove 48 trees on proposed Parcels 2 and 3 in order to allow grading for the future homes on each Thirty-seven of these trees are fruit trees and do not require a permit for removal per the City's Municipal Code Section 19.08.40(A) Nofe that according to the Arborast's Report (Exhibit G), it is not practical to relocate any of the existing trees In order to mitigate the loss of the 11 heritage trees, replacement trees wdl be regwred as part of front yard and slope landscaping. The trees on Parcel 1 wdl remain in place. G. Environmental Review: The project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15315 (Minor Land Divisions), Class 15, of the State CEQA Gwdelines. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and all property owners within 300 feet of the project site were notified. Staff did not receive any comments or questions. ~, -a. PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPMi6951 - REINY SCHNEIDER • July 13, 2005 Page 3 RECOMMENDATION: Based on the above analysis, staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM16951 and Tree Removal Permit DRC2005-00394 through adoption of the attached Resolution of Approval with conditions. Respe ly submi d Brad City Planner Attachments: Exhibit A -Vicinity Map Exhibit B -Site Utilization/Aerial Map Exhibit C -Tentative Parcel Map Exhibit D -Grading and Cross-Sections Exhibit E -Neighborhood Meeting Summary Exhibit F -Design Review Committee May 31, 2005 Action Agenda Exhibit G - Arborist's Report by Mike Parker, Dated March 31, 2005 Exhibit H -Excerpt of the Development Code, Basic Development Standards Draft Resolution of Approval for Tentative Parcel Map SUBTPM16951 • ," • (V~.-3 ~ ~ TA , PROJECT SITE ~, n~ T Y ~ /q1, BtA t ,~.. Itl~iR `. 1 ti ~. `~--~~ - . _, M6TOfC '" ~ _ i. 66 ~ ~ n~ _ ~cL17PIDy'dj ~ am ~ ~' „ ~ ', ~r ~ALLwouce I'•. \ i ~ i -__- noev~rii ' __ __ C~LBTAII ~~_ ~y~ YC 1 p av a~ n I ~eao ~ r S W n I u ~IC~~....,. Q = < iun g ~ C G ^ • ;g: Z a ~~~3 ~ ~~~~. 1958 LL I~EI Wa ~'90e > € pp~j~ Q ~ Q~i w ~~' ., ,; Z 0 s J W N 0 s ~w C a~ a~f fil~ EX~1~11' ~ ~`s ~ ~ ~_~ ~~ ~ ~ ®B .. ~;~: ~9 ~ ~~~ z $ °w ~ g ~~lg J ~9c ~ ~'E~ s d ~ l:0e > € e!;~ a ~ ~~: w ~~' f- _~ 9 m ~~ ~~ ~ ~~~ ~i ~ ~ 101 ~~ ~~~~~~ R~ a 9~~~ _-:--= ~ ... ~ ~"~ ~ ~ 5 ~° ki ~~ ~~~ ~3~ i ~~ // .~ ~, ,~ FXI-~ I BIT C M-~ e ~ ~~~ ~ ~ ~ _. ~ ®~ a - , '~~: ~ ~~f .~ ~~ ~~~~ :~y~ s~~~d e~a'~ ;y, ~ a 'g~ Z ~° ~e~ •~ ~ g ~l~8 J ~ Y' a o ~~F! a ~ 1~Be ~ € ;~~~ F ~ ~~~ w «' r ~~~ ~~~€ ~g~ t ~~~~~ ~~~~4 ~ i~e~i ~ i~azt~ ~~ iFi e~ ,.... ~~i 9g e ... ~ ~~!!~ e ~i ~~ ~_ ~' .~ ~. E~ f0 !C _- ~~ ~ ~~t ~~ ~° Q' ~~ ~~ ~' ~3~ e ~ ~~ o- EXHIBIT D ~-~ ' --r~'~t' a C Z is 3 €~ d~ z V J w 883 °d' a >~ a~ Z F w-- ~~ i ~ i~ !t A {~ 1 i' I ~~ ~a a r ' j ~ B A ~ i ~ ~ ~ ~t i ~a o, -L~ NA Sr @ ptl C U Uf 2? W~~ K m m, Z~ 0 1 W~ Qg~ N ~~w~~ v o ~ x L.1 6 ~~~~ r~ ~~'~ 3 EIS 3~?e ~~ ~ ~ -- ~ ~ ~ ~ ®~ ~ '~~1 ~ ~;~~ ~~ ~~a'.E ~J ': 2036 Winston Ct Upland, Ca 91784 May 25, 2005 planning Department City of Rancho Cucamonga Attention: Mike Smith Re: 'I'pM16951 The neighborhood meeting was held at the Lions Pazk West, 9161 Baseline Road, Rancho Cucamonga, on May 25"', 7PM. Enclosed is a copy of the Notice of Invitation that was mailed on May 15. The list to whom the invitation was mailed is also enclosed. Also enclosed is a copy of the sign-in sheet and a 8.5x11 hand-out map. I displayed a 30 scale map of the proposed project. The meeting was very informal, only three individuals showed up. One of those was Linda Vaughn.* Mr. Galdo had a concern about access to the lots. He viewed the lazge map and was satisfied to Team that only Lot 3 would be accessed via Eiger Way and Lot 2 from Hellman Avenue. His property is at the entrance to Lot 3. Mrs. Cormican was concerned that if the water main were to be tapped, she would be getting unhealthful debris in her potable water. I assured het that in the event the water line is tapped, great care will be taken to prevent unsanitary contamination from entering the water line. Those were the only concerns expressed. There did not appear to be any great anxiety about the project. Sincerely > Reiny Schneider CRY OF RANCHO CUCAMDNGA MAY 2 6 2005 RECEIVED -PLANNING ~ (,ItJDA VAUSUrI C BE~y~-) IS -lllE PRoP~lztt~ GUNFJ2, - SV~JECt ~'6 . EXHIBIT 'E ~~ - - ' ~! - r, ~~-~~ - --- -- / ' _ _ ~~, .. R ~ 0 lL~~ i~ _ -~..-_ ii ~ ~ i II i i _ I ill ~~/_ ~--r Iii _____--_ i i~- ~ i - 2 _...__- ---- - i -- - i ~l -- Iii iii ~; - I. , ~- ~! 2 6 1005 -- --- -----l-i- - CENED -PLANNING ~ 0-~ --- i, -- ,,, -'--- - - ------ v(~\v_ I I ~l~ I ,..,-.- - , I i ~ ~~, 16951 DESIGN REVIEW COMMENTS 7:05 p.m. Michael Smith May 31, 2005 ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER - A proposal to subdivide 1.28 acre parcel into three lots in the Low Residential District, located at 7510 Hellman Avenue - APN: 0208-162-38. Desion Parameters: The project site is located at the west side of Hellman Avenue on a trapezoid shaped parcel of about 222 feet east-west by 215 feet north-south. The site is partially developed with one single-family residence at the north side of the parcel. The properties to the north and west an: developed with single-family residences. Across the street, to the east, is Rancho Cucamonga Middle School. To the south, is a vacant property that was recently approved to be subdivided (related file: SUBTPM16482). The existing topography slopes from about 1,342 feet on the north side of the lot to about 1,330 feet on the south side. The applicant is proposing to subdivide the parcel into three parcels. Parcels 2 and 3 will have an area of 14,219 and 15,105 square feet, respectively, while Parcel 1 will have an area of 20,408 square feet. The existing residence will remain on Parcel 1; the othertwo parcels will be developed at a later date. The proposed parcel map and the parcels created comply with the Citys requirements for fot area, width, and depth that are applicable to this development district Frontage for Parcels 1 and 2 will be on Hellman Avenue, however, at the direction of the City's Engineenng Department, access to both will be limited to a single, shared drive approach. Frontage, and corresponding access, for Parcel 3 will be on Eiger Way. At this time, the applicant has not submitted any house designs for review. However, each home will be required to comply with the City's development and design standards, which will be verified during plan check. Staff Recommendation: Staff recommends that the Committee recommend approval of the proposed parcel map as submitted to the Planning Commission. Design Review Committee Action: Members Present McPhail, Stewart, Coleman Staff Planner. Michael Smith The Committee recommended approval of the protect as presented. EXHIBIT F ~ r March 31, 2005 Reiny Schneider 2036 Winston Court Upland, CA 91784 RE Arboriculture Report Site. 7510 Hellman Ave Rancho Cucamonga Deaz Mr Schneider r'`I Per your request, I have prepared a preliminary tree retention report The following opinions expressed are based on field inspections and maps you have provided My observations, recommendations, and opinions are within this report It is my opinion that all trees on site be replaced, due to location of trees for new development Tree relocation is very costly, and the 10 year survival rate is less than 50% There is more value m spending tree relocating money into new tree planting and caze Please calf with any questions Sinter y~n /~ Mike Parker'//u/`, Certified Arborist WE 3414 A EXHIBIT G -~~~ W Proiecl Nams 7510 Hellman Ave Rancho Curamonpa CA CALIFORNIA~OR CARE 2306 POMONA BLVD POMONA,CA 909.629-0004 FAX 908-028E804 MINE PARKER CERTIFIED ARBORI67 wE 3414 a Treett BpeoMS Multh trunk Diameter atbroast he hl Inohss Tree height 9preW CommentnlRemarks DsMhbn Bebw Tree Health D4lflnitlon Bebw 1 Jxarentla mimoscdu kXXX 2J4-04-04-0 15-18 12-15 F 2 PNw retliata Mont Plne 24-28 15-18 1518 G 3 4 Avouoo RWink acusl X%X kXk i 2.4 2~ 2.4 4$4-046 10-72 1245 9-10 1518 p F S 8 C9rue Oran a Gtrus Oran a 12-74 12-14 12,18 BA 12-15 6-0 F p 7 Gtrus Oren a 12-14 9-0 8$ F 8 Gtrue Oran a 12-14 e-9 g.g F 9 Gtrus Oren a 12-14 8-0 g.g F 10 Carus Oren a 12-14 8-0 6-0 F 11 G1rue Oran a 12-14 B-0 fi-8 F 12 CRrue Oren a 12.14 9-0 g.g F 13 Glrue Oran e ' 12-14 B-0 8-0 F 14 Gnnamomum cam nary Cam h 4-0 1245 8-10 G 15 Crtrue Oren e ' 4-0 B-10 8-10 O 18 Glrua Oran a 4-0 8-10 9-10 F 17 Cerue Oren a 4-0 8-10 8-10 DEAD TREE D 78 Gtrus Oran a 8-10 &10 9-10 DEAD TREE D 19 Glrue Oren a 4-0 &70 8-10 F 20 GWa Oran a 0-0 &10 8-10 F 21 Gtrue Oren a 4-0 a-10 8-10 F 22 Glrus Oren a 4-0 8-10 9-10 F 23 GWS Oran a 4-0 B-10 840 F 24 Gtrus Oren a 4-0 8.10 9-10 F 25 C9rue Oran a 4-0 &10 8-10 PrJ 29 Gnnamomum cam bore Cem h Xk 1-0 46 12-15 8 1D G 27 Glrue Oren el 4-0 6.8 6-0 G 29 Gnnemomum cam naa Cam h 2J &10 e-0 G 29 C4rue Oran a e-0 e-0 e-0 DW 30 Clhus Oran a 9-0 e-0 B-8 01N ComrrreMS S-ShaiOM L-Leaning LH-Leanlnp Hard RS-RagraMh stump LS-Leaning Severey DS-Drought Stress F-Fair BB-Berk Beetle DB- Die Back P-Poor LP-Carp Payllld G-Good D-Deed Protect 7510 Hellman Ave Renetq Cucartrorrga, CA CALIFORNIA ARBOR CARE 2308 POMONA BLVD POMONA, CA 908.628-8004 FAX 808.828.8804 MIKE PARKER CERTIFIED ARBORIST WE 3414A Tne# 31 8peolea CXrus Oran a MuHi- trunk DWmeter at beast M M Inohes 4-0 Trw IwIgM 6.10 Spread 8-10 CommeMslRemarks Deflnflk>t1 Below Tree N4wlth DeflnHion Below F 92 93 9 CXrus Onn a eMroemle Cre M Ns 4$ 9~ 6.10 8-10 6.10 6-10 p G 4 CXrus Oran a 4$ 8.10 6.10 p 95 36 CXrus Oran a CXrua Oran a 4$ 4-0 8-10 8-8 8-10 8-0 MULBERRY TREE GROWING MTO F F 37 98 CNrus Oran a S uola sem rvirens 4$ 16.18 8-0 3035 6$ 10.12 F G 39 CXrua Oran a ~ 4.8 6-0 8-0 F 40 41 Clnnenromum cam hore Cem h CXrea Oran e %XXX ~ 2.4 -4 -4 -4 4-0 12.18 6-0 12.18 8-0 F F 42 CXrus Oran a 4-0 8-0 e-0 F 43 CXrus Oran a 4-0 8-0 6-0 F 41 CXrus Oren a 4.8 8-0 6-0 p 46 CXrus Lemon 4-0 8-0 8-8 F 46 Avocdo 4-0 ~ 6-0 F 47 Schinus mope CeIM«nia e e 6-0 8$ 8-0 F 48 Schinus moth Caltl«nla 6-0 8$ 8-0 F Comments S-StrelgM L-Leaning LH-Leanirg Herd RS-Regrowth stump LS-Leaning Severely DS-Drought Stresa F-Fak BB-Bark Beetle DB- Dle Back P-Poor LP-Carp PayOd G-Good 0.Dead r~ u ! • N 9 8 33 ~J 26 t4 13 ~ ~ 40 ~~ 28 w 42 34 ~ t 2 > W ~ 35 29 24 (t~6 ' ~ 3 43 3 t 30 t ~ ~ E ~ ~ o ~ ~ 4i 23 t7 ~~) 47 _ 44 ~ 36 2 t4$ ~ 2 t a ~'.. 37 24 t9 7 l"J S • 7510 HELLMAN AVE. ,RANCHO CUCAMONGA CA Table 17.08.040-B -Basic Development Standards VL L LM M MH H Lot Ares: 22,500 8,000 6,000 3 act 3 act 3 act Mmimum Net Avere e Mmimum Net 20,000 7,200 5,000 3 act 3 act 3 act Number of Dwelling Units Up to 2 Up to 4 Up to 6 Up !0 11 Up to 19 up ro Z7 (PennKted Per Acre Minimum Dwelling Unil Size: Single-Fatuity Attached $ 1,000 s are teeter regardless of district Detached'Dwellin s Multiple Fatuity Dwellings 550 are feet regardless of distrtd Efficien /Studb One Bedroom 650 are feet regardless of distrct Two Bedroom 800 are feet regardless of distdCt Three or More Bedrooms 950 are feet regardless of disUict Lot Dimensions 90 Arg 65 Avg. Minimum Width Vary+/ 50 Avg' Vary +/- fVIR N/R WR Vary- ®R wired Front Setbsdc 10 fi Minimum Comer Lot Width 100 70 50 N/R iVIR WR Minimum Depth 200 100 90 IVIR WR N/R Minimum Frontage at Front 50 40 30 100 100 100 pro a Line Minimum Flag Lot Frontage 30 pp 20 50 50 50 ®Front P e Llrre 42 Avg Setbaelcsro~ d~~ . Va 5 +/ Very ~ ' ~ A"g• Vary+/- 37 A Vary ~ •fi WR N/R at Comer Side Yard 27 27 22 27 WR wR Interior Side Yard 10/15 5/10 5/70 10~ WR fJlFi Rear Yerd 60 20 16 10ror tV/R r`i/R At Intenor Site Boundary 30/5 20/5 15/5 15/5 15/fi~ 15/fi~ (Dwelll UnFVAccesso Buildl Residential Building Separetions ~ WR N/R Required Per Secton 17.08.040-E HeIgM Llmitation~ 95 35 35 35~ 40~ ~~ Lot Coverage 25% 40% Maximum °,6 ~ 50% 50% 50% `•~`% Open Space Required 2 0~/ 1,000/ N/ Private Open Space 300/150 225/150 150/100 150/100 WR Grourd Boor/ U r Sto Untt Common Open Space WR N/R wR 30% 30% 30% (Mmimum Peroe Usable Open Space 65% 60% 40% 35% 35% 3fi°~ (PrNate and Common Recreation Area/Faellity N/R N/R N/R Required Per Section 17.08.040-H ~ ~ ~ Required Per Section 17.08.040-G Landawping N/R N/R Pl/R Required Per Section 17.08.040-R Amenftles N/R =Not Required Notes: EXHIBIT f°i and necessary /or secondary streets and artedals end in hillside areas shall be n the slope%apeaty factor crontalned !n Section 17.24.080.8. i /rom the ultimate curb face on public and pnvate streets. Re/er to Table 17.08.040-0 Isetbadc ~---~,~p. ~t yards allowed oursuant to Section f7 08.060-H. • RESOLUTION NO. 05-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16951, A SUBDIVISION OF 1.28 ACRES INTO THREE LOTS IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PERACRE), AND THE RELATED TREE REMOVAL PERMIT DRC2005-00394, LOCATED AT 7510 HELLMAN AVENUE, AND MAKING FINDINGS IN SUPPORT THERE OF - APN: 0208-162-38. A. Recitals. 1. Reiny Schneider filed an application for the approval of Tentative Parcel Map SUBTPM16951, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. Reiny Schneider filed an application for the related Tree Removal Permit DRC2005-00394 for the removal of 11 heritage trees. 3. On the 13th day of July 2005, 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. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1 The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2 Based upon substantial evidence presented to the Planning Commission dunng the above-referenced public hearing on July 13, 2005, including wntten and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The application applies to a parcel of 55,700 square feet within the Low Residential District, located on the west side of Hellman Avenue, near the terminus of Eiger Way. A house e~asts on Parcel 1, and b. The application contemplates the subdivision of the subject parcel into three separate parcels of 20,408 square feet (Parcel 1), 13,872 square feet (Parcel 2), and 15,105 square feet (Parcel 3). The dimensions of the parcels wdl be about 115 feet wide by 180 feet deep (Parcel 1), and 115 feet wide by 125 feet deep (Parcels 2 and 3); and c. Parcels 1 and 2 will have access to Hellman Avenue with a street frontage of 82 40 feet and 115.60 feet, respectivey. Parcel 3 wdl have access to Eiger Way with a street frontage of about 40 feet once the cul-de-sac for that street is completed by the developer of the property to the south (APN~ 0208-162-30); and d. At this time, the applicant has not submitted any proposals to construct any residential structures on Parcels 2 and 3, and therefore, both parcels will remain vacant pending future development, and X1/1,-l 7 PLANNING COMMISSION RESOLUTION NO 05-57 TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER July 13, 2005 Page 2 e. The properties surrounding the subject site are zoned Low (L) Residential District, with varying dimensions and lot sizes and, with the exception of the property t0 the east and south, are improved with residential structures. The property to the east is the Cucamonga Middle School, while the properties to the south are vacant. 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. That the Tentative Parcel Map SUBTPM16951 is consistent with the General Plan, Development Code, and any applicable specific plans, and b. The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable speafic plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat; and e. Tentative Parcel Map SUBTPM16951 is not likely to cause serious public health problems; and f. The design of Tentative Parcel Map SUBTPM16951 will not conflict with any easement acquired by the public at large, now of record, for access through or use of the properly within the proposed subdivision. 4. This Commission hereby finds and determines that the protect ident~ed in this Resolution is categorically exempt from the regwrements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15315, (Minor Land Divisions), Class 15, of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every conddion set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Deoartment: 1) Approval is for the subdiwsion of a single parcel of 55,700 square feet located on the west side of Hellman Avenue, near the terminus of Eiger Way, into three separate parcels of 20,408 square feet (Parcel 1), 13,872 square feet (Parcel 2), and 15,105 square feet (Parcel 3). 2) Each parcel shall be maintained and developed in accordance with the City's Development Code including, but not limited to, site development and design standards 3) Approval of this request shall not waive compliance Huth any sections of the State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. PLANNING COMMISSION RESOLUTION NO 05-57 TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER July 13, 2005 Page 3 4) Tree Removal Permit DRC2005-00394 is hereby approved for the removal of 11 hentage trees on Parcels 2 and 3, subled to replacement on aone-for-one basis. Pnor to the release of occupancy for any single family residences constructed on Parcels 2 and 3, the developerof said parcels shall install a minimum of 11, 24-inch box trees m the front yards and 2 1 slopes. The location of these trees, along with any additional landscaping required per Section 17.08 0400 of the Development Code, shall be shown on Landscape Plans to be inducted along with the Grading Plans submitted for Building and Safety plan check review. Enoineernst Deaartment: 1) Concentrated surface flow from graded swales shall not drain across public sidewalks If unable to return this flow to sheet across the front yard, prior to crossing through the parkway, then provide a curbside drain outlet structure per City standard. a) Flow from the swale along the south side of Lot 1 shall not drain across the drive approach It wdI require an easement through Lot 2 in order to tom a curbside drain outlet structure south of the proposed shared access drive approach Placing the curbside drain north of the drive approach is an alternative. If grades are workable, then an easement across Lot 2 wdl not be necessary. 2) Development anll be required to install all missing frontage improvements along the west side of Hellman Avenue inducting, but not limited to, single shared access dnve approach, street trees, curbside drainage outlet(s), traffic signs and striping including R29 "No parking on School Days Only" signs All Public improvements to be in accordance with the City's "Collector" Street Design Standards. Protect all ewsting improvements or replace 3) Proposed driveway(s) to Hellman Avenue shall have a Hammerhead or Circular design to prevent backing out onto Hellman. The total width of all drive approaches shall not exceed 40 percent of the lot frontage. a) Proposed shared access to Hellman on Parcels 1 and 2 v~nll be through a shared drive approach. Each parcel shall have a minimum 12-foot wide dnveway, 5 feet off the property line~oming the 34-foot drive approach. b) Concentrated drainage should not be directed to the drive approach and across the sidewalk Provide curbside dram outlets in the front yard. c) Install the shared dnve approach in accordance with City Standard 101, Type-C Sidewalk shall wrap the dnve approach to cross at the 0" curb face. , ~-I°i PLANNING COMMISSION RESOLUTION NO. 05-57 TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER July 13, 2005 Page 4 4) Dnveway line-of-sight designs shall be provided on the Grading and Landscape Plans in accordance with the City policy. Plot line-of-sight for the sidewalk and the street. The boundary walls, fences, toes of 2:1 slopes, trees, and similar shall be held back outside of the lines-of--sight 5) Upon development of first tot, complete the installation of Eiger Way. Eiger Way shall be installed as a modified reduced radws turnaround in accordance with City Public Improvement Plan No. 2010. Improvements on Eiger Way shall include, but are not limited to, curb and gutter, AC street pavement, dnve approach, property Ime adtacent sidewalk, cobblestone paving, traffic signs and stnping and sVeet trees All Public frontage improvements to be in accordance with the City's "local" Street Design Standards modified to the satisfaction of the City Engineer Transition to offset reduced radws design shall loin existing Any removal of existing improvements needed to facilitate the transition to an offset reduced radws turn around, shall be replaced in kind Protect all other existing improvements or replace a) Cobblestone paving as indicated on City Plan No. 2010 along Eiger Way frontage to Parcel 3, may be eliminated Parcel 3 owners would, however, need to install landscaping, imgation and prowde maintenance in the area m order to eliminate the cobblestone improvement requirement Improvement Plan 2010 would need to be revised by the owner to show the revision. 6) Existing street improvement plans shall be revised as needed by a registered Civil Engineer and submitted to and approved by the City - - -----Engineer -Pnor-to any work being performed m public rights-of-way, fees shall be paid and a Construction Permit shall be obtained from the City Engineer's office. Secunty shall be posted and an agreement _ executed to the satisfaction of the City Engineer and City Attorney guaranteeing completion of the public improvements, pnor to the issuance of a City Construction Permit 7) Process a Grading Plan through the Budding and Safety Department to eliminate cross lot drainage from parcel 1 prior to final map approval 6. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Maaas, Chairman Sao PLANNING COMMISSION RESOLUTION NO. 05-57 TENTATIVE PARCEL MAP SUBTPM16951 - REINY SCHNEIDER July 13, 2005 Page 5 ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission for 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 13th day of July 2005, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS. ^/1. -~ ~ COMMUNITY DEVELOPMENT+ DEPARTMENT' STANDARD CONDITIONS PROJECT #: SUBTPM16951 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: REINY SCHNEIDER LOCATION: 7510 HELLMAN AVENUE; APN: 0208-162-38 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Com lesion Da A. General Requirements 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 m the alternatroe, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorneys fees which the Cdy, its agents, officers, or employees maybe required by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense m the defense of any such action but such participation shall not relieve applicant of his obligations under this condition of the signed Planning Commission Resolution of Approval No. 05-57, Standard Copies 2 ~~_ _ . and all environmental mitigations shall be included on the plans (full size). The Conditions , sheet(s) are for information only to all parties involved in the construction/grading activities and are not requred to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits This tentative parcel map shall expve, unless extended by the Plannrng Commission, unless a 1 ~~_ . complete final map is filed with the City Engineer within 3 years from the date of the approval C. Site Development 1 The site shall be developed and maintained m accordance with the approved plans which include J~_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, Development Code regulations 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. SC-1-05 1 I~ ~~ Protect No SUBTPM16951 Comole6on Date • 3 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 4 Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable Ctty Qrdinances, and applicable Community or Specific Plans in effect at the bme of budding permit issuance. D. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval pnor to the issuance of grading permits 2. All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area, 1-gallon or larger size shrub per each 100 sq ft of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2.1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting required by this section shall • include a permanent irrigation system to be installed by the developer prior to occupancy 4. For single-family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition APPLICANT SHALL CONTACTTHE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. 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 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 Department Protect Number (i e , SUBTMP16951) clearly identified on the outside of all plans SC-1-05 2 M--'°~' / / / / / / / / / / -/-/- / / Protect N o SUBTPM16951 ' Comolehon Date 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 Contractors must show proof of State and City licenses and Workers' Compensation coverage to -/-/ the City prior to permit issuance. 4 Separate permits are regwred for fenang and/or walls. -/ ~- F. Site Development 1 Plans shall be submttted for plan check and approved prior to construction All plans shall be /-/- . marked with the pro/ect file number (i e , DRC2001-00001) The applicant shall complywith the latest adopted Califoma Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to tssuance of budding permits for a new residential protect or mator addition, the applicant / /- shall pay development fees at the established rate Such fees may include, but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicent shall provide a copy of the school fees receipt to the Budding and Safety Department prior to permit issuance 3. Street addresses shall be provided by the Bwlding and Safety Official after tract/parcel map _/ recordation and pnor to issuance of bulding 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 G. New Structures 1. Provide compliance with the California Building Cade (CBC) for property Itne clearances ! /- considering use, area, and fire-resistiveness. 2 Provide compliance with the Califoma Building Code for regwred occupancy separations ~ 3 Roofing material shall be installed per the manufacturer's "high wind" instructions -/-/- H. Grading 1 Grading of the subtect property shall be in accordance with California Building Code, Ctty Grading _/ / Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to -/ / perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submttted at the -/-/- time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, _/-/- submttted, and approved by the Building and Safety Offiaal prior to the tssuance of building permits • SC-1-05 31V ` Project No SUBTPM16951 Completion Dete ~PPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR OMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 33 total feet on Hellman Avenue Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. J. Street Improvements Construct the following perimeter street improvements including, but not limited to: Coin Media Curb & A.C. Side- Drive Street Street m n Bike Othe Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail r Hellman Avenue X X X Eiger Way 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 Ctty Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permd shall be obtained from the City Engineer's Office m addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduct, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit wcth pull boxes shall be installed with any new construction or reconstruction project along major 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 galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. • f. Existing City roads requving construction shall remain open to traNic 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 City Engineer. ~~- ~~ ~~ ~~. ~J- ~~_ ~~ ~~- ~~ ~~- SC-1-OS 4 M-a~' Protect No SUBTPMt6951 Completion Date 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 15-gallon size or larger, shall be installed per City Standards In accordance with the City's street tree program 4. Install street trees per City street tree design gwdelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend (typically on sheet 1) Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Protect Engineer Min. Grow Street Name Botanical Name Common Name Space Spacing Size l]ty. Hellman Avenue Gegera parviflora Australian Willow 5' 20' 15 Gal O C. Under utilities Lagerstroemia Crape myrtle hybrid 3' 20' 24" indica Tuscora' O.C. Box Eiger Way Pistacia chinensis Chinese Pistache 5' 30' 15 Gal O.C Construction Notes for Street Trees: "Fill in quantity on plan. 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may regwre backfill soil amendments, as determined by the City inspector. 3) All street trees are subtect to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 5. 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 regwred. K. Public Maintenance Areas A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. L. Drainage and Flood Control Adequate provisions shall be made for acceptance and disposal of surtace drainage entering the property from adfacent areas M. Improvement Completion If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for All public improvements. -J~ ~~ ~~ ~~ ~~- ~~ ~~. ~~ SC-1-05 n~ 5 f"`~ Protect No SUBTPMi6951 Completion Date ~. 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 requirements of the Cucamonga Valley Water Distract (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is regwred prior to final map approval or issuance of permits, whichever occurs first Such letter must have been issued by the water distract within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits m the case of all other residential protects. 4. Approvals have not been secured from all utilities and other interested agencies involved Approval of the final parcel map will be subtect to any requrements that may be received from them APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED L_~ -~ ~- / / / / / / SC-1-05 6 /~ ~~ # f CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ~~REET TREE. REQUIREMENT FORM LAST UPDATED 6/3/03 DATE: 2-15-05 T0: MARK BRAWTHEN, CONTRACT ENGINEER COMMENTS PREPARED BY: DAWN ROURK, LANDSCAPE CONSULTANT PROJECT: SUBTPM16951 LOCATION: 7510 HELLMAN AVE DESIGN NOTES: 1. STREET TREES ON NEW STREETS ARE TO BE SELECTED FROM THE CITY'S APPROVED STREET TREE LIST, BASED UPON AVAILABLE PLANTING AREA (TYPICALLY BETWEEN BACK-0F-CURB AND THE SIDEWALK). ESTABLISHED STREETS SHOULD ALREADY HAVE DESIGNATED TREESPECIES. CONTACT THE ENGINEERING DIVISION, LANDSCAPE SECTION AT 909-477-2740 FOR ADDITIONAL INFORMATION. 2. STREET TREES ARE TO BE SHOWN ON STREET OR OTHER PUBLIC IMPROVEMENT PLANS SIGNED BY THE CITY ENGINEER, AND CONSTRUCTED PER THE SAME 3. STREET TREES SHOWN ON PLANNING DIVISION SUBMITTALS ARE CONCEPTUAL ONLY 4. INTERIOR STREETS WILL BE REQUIRED TO SELECT DECIDUOUS TREES FOR EAST-WEST STREETS AND EVERGREEN TREES FOR NORTH-SOUTH STREETS FROM THE CITY'S APPROVED STREET TREE LIST. WIND-PRONE AREAS MAYBE REQUIRED TO UTILIZE A MORE DECIDUOUS PALETTE. 5. INDICATED SPACINGS AND SIZES ARE REQUIREMENTS FOR CITY-MAINTAINED TREES ONLY. WHERE THE TREE CONCEPT GOES BEYOND AREAS OF INFLUENCE NEAR PUBLIC IMPROVEMENTS AND/OR ANY CITY MAINTENANCE EASEMENT, SPACINGS AND SIZES WILL BE PER THE ON-SITE PLANS APPROVED BY THE PLANNING DIVISION. ONSITE AND OFF-SITE PLANS SHALL BE COORDINATED. 6. STREET IMPROVEMENT PLANS SHALL REFLECT THE LEGEND AND NOTES INDICATED BELOW. IN SOME CASES, WHEN DETAILS ABOUT PARKWAY SIZES OR UTILITIES ARE UNAVAILABLE AT THE TIME OF CONDITIONING, OPTIONS ARE PROVIDED FOR VARIOUS SITUATIONS. IT IS THE DESIGNER'S RESPONSIBILITY TO ASCERTAIN THE CONTEXT OF THE TREE PLANTING, SELECT THE APPROPRIATE TREE OPTION, AND OMIT ANY ERRONEOUS INFORMATION ON THE FINAL LEGEND. STREET IMPROVEMENT PLANS SHALL REFLECT A LINE ITEM WITHIN THE CONSTRUCTION LEGEND TO STATE: STREET TREES SHALL BE INSTALLED PER THE NOTES AND LEGEND ON SHEETS (TYPICALLY SHEET i) S~ R~ET``N `1y1 .- Q A 1 ~ ; - -'°~ -OMMO A ~ ~ ~1 MIN: GROW` + fS AC -„ "_ { 7 EIGER WAY Pistacla chlnensls Chinese Pistache ~• ' 5' 30' 0 C 15 GAL FILL IN HELLMAN AVE Gegera parnflora Australian Willow ~ 5' 20' O.C 15 GAL UNDER UTILITIES Lagerstrcemla indica Crape Myrtle Hybnd -Pink 3' 20' 0 C 24' BOX 'Tuscarora' CONSTRUCTION NOTES FOR STREET TREES: 1. ALL STREET TREES ARE TO BE PLANTED IN ACCORDANCE WITH CITY STANDARD PLANS. 2. PRIOR TO THE COMMENCEMENT OF ANY PLANTING, AN AGRONOMIC SOILS REPORT SHALL BE FURNISHED TO THE CITY INSPECTOR. ANY UNUSUAL TOXICITIES OR NUTRIENT DEFICIENCIES MAY REQUIRE BACKFILL SOIL AMENDMENTS, AS DETERMINED BY THE CITY INSPECTOR. ALL STREET TREES ARE SUBJECT TO INSPECTION AND ACCEPTANCE BY THE ENGINEERING DIVISION. 4. STREET TREES ARE TO BE PLANTED PER PUBLIC IMPROVEMENT PLANS ONLY. ~l/1-~-~ '_„y,~ , Rancho Cucamonga Fire Protection District ,-',- -~~ ~~ Fire Construction Services STANDARD CONDITIONS 4/12/05 (3) Lot Parcel Map Eiger Way & Hellman SUBTPM16951 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design gwdelmes for the spaang and location of fire hydrants: a. The maximum distance between fire hydrants in single-family residential projects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 200-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a commercial, industrial or residential project from the public roadways. u. At intersections. iii On the right side of the street, whenever practical and possible iv. As required by the Fire Safety Diwsion to meet operational needs of the Fue District. v. A minimum of forty-feet (40') from any bwldmg. FSC-2 Fire Flow The required fire flow for structures with a total square footage not exceeding 3,600 is 1000 gallons per minute at a minimum residual pressure of 20-pounds per square inch This requirement is made m accordance with Fire Code Appendix III-A, as adopted by the Fire Distract Ordinances. 2. Public fire hydrants located within a 500-foot radws of the proposed protect may be used to provide the required fire flow subiect to Fire District review and approval. Private fire hydrants on adiacent property shall not be used to provide regwred fire flow 2. Firewater plans are required for all protects that must extend the existing water supply to or onto the site. Building permits will not be issued until firewater plans are approved. ~-aa 3. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed protect site. 4. ~ Structures in excess of 3,600 square feet will be required to be equipped with automatic fire sprinklers. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will revew all requests for alternate method, when submitted. The request must be submitted on the Fue District "Application for Alternate Method° form along with supporting documents and payment of the $92 review fee. noloaical Summa ~D Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Public Water Supply (Domestic/Fire) Systems• The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CVWD. On the plan, show all existing fire hydrants within a 600-foot radws of the prolect. Please reference the RCFPD Water Plan Submittal Procedure Standard #9-8 2. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CVWD personnel shall inspect the installation and witness the hydrant flushing. Fue Construction Services shall inspect the site after acceptance of the public water system by CVWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Fire Flow: A current fire flow letter from CVWD must be received. The applicant is responsible for obtaining the fire flow information from CVWD and submitting the letter to Fire Construction Services. PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Public Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 3. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 2 ~-~v '~ O F • A N C B O CUCAMONGA Staff Report DATE July 13, 2005 TO. Chairman and Members of the Planning Commission FROM' Brad Buller, City Planner BY' Mike Smith, Assistant Planner SUBJECT' TENTATIVE PARCEL MAP SUBTPM16728 - DIPONIO - A request to subdivide a 3 04 acres of land that is partially in the Very Low (VL) Residential District (about 2 01 acres) and partially in the Flood Control (FC) District (about 084 acre) into three parcels, located on the north side of Hillside Road, at Alta Loma Channel - APN 1074-161-16 This action is categorically exempt per California Environmental Quality Act Guidelines Section 15315 Minor Land Divisions ANALYSIS' A Site Characteristics The project site is located at the north side of Hillside Road on a parcel of 3 04 acres. The parcel is triangular with an overall depth of about 656 feet north/south by 315 feet easUwest (Exhibit B) The parcel is unevenly divided into two zoning districts, Very Low (VL) Residential District and Flood Control (FC) District The site is partially developed with a flood control channel located within an 80-foot wide easement in favor of the San Bernardino County Flood Control District that coinades with the Flood Control zone designation (Exhibit D) This easement is aligned in anorth/south direction at the east side of the property and, as a result, the majority of the property that could be developed for residential use is on the part to the west of the easement. The part to the east of the easement has limited development potential as it is only about 5,900 square feet in area and only 48 feet wide at its widest point, however, d was recently planted with a vineyard (Exhibit H) All of the surrounding properties are developed wdh single-family residences The existing topography slopes from about 1,870 feet on the north side of the lot to about 1,835 feet on the south side All of the properties to the west are higher in elevation than the subject property because of a significant grade difference between them Aside from the existing flood control channel, the property is dominated by low grasses, bushes, and two mature trees An existing drive approach at Hillside Road provides the only access to the site The surrounding properties have lot sizes that vary from about 20,000 square feet (parcels to the east) to 40,000 square feet (parcels to the west) With the exception of the houses to the south of the subtect site, all houses are single-story. All properties surrounding the subject site are zoned Very Low (VL) Residential District Item N PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM16728 -JOHN DIPONIO • July 13, 2005 Page 2 B Protect Description The applicant is proposing to subdivide the parcel into three parcels All three parcels wdl have direct access to Hillside Road, Parcel 1 will be a standard lot while Parcels 2 and 3 wdl be 'flag' lots Parcels 1, 2, and 3 will have areas of about 21,800, 23,500 and 79,000 square feet, respectively Because of the alignment of the existing flood control channel and easement as described above, and because the total area of Parcel 3 wdl be about 79,000 square feet, the actual area of the parcel that could be developed with a home is about 36,500 square feet (Exhibit D) Access to all parcels will be limited to a single, shared drive approach (Exhibit E) This design is requested by the City's Traffic Engineering Department because of limited sightlines along Hillside Road At this time, the applicant has not submitted any house designs for review However, each home will be required to comply with the City's development and design standards. C Applicable Regulations: The proposed parcels are subtect to the site development standards of the Very Low (VL) Residential Distnct Each lot will meet or exceed the minimum requirements established for this zone as outlined in Table 17 080 040-B of the Development Code (Exhibit J) Because the subiect site is also located in the Hillside Overlay District, when submitted for review the homes will be subject to the requirements described in Section 17 24 of the Development Code, Hillside Development Regulations Among other standards, these regulations limit the maximum height of the home, the maximum heights of retaining walls, and the maximum depths of excavation and earthwork. D Neighborhood Meeting' On May 5, 2005, a meeting was conducted to gather input and comments from the owners of the surrounding properties within 300 feet of the protect site The applicant submitted a letter summarizing the meeting which was attended by the property owners who lived immediately to the south and west of the protect site (Exhibit F). Two property owners who live on the south side of Hillside Road expressed no opposition to the protect. Some of the property owners to the west, on Flying Mane Lane, were concerned about the potential loss of views and privacy Staff explained to them that no homes are being proposed at this time, and may be developed as custom homes. The new homes on each proposed parcel would be limited to 30 feet in overall height per the Section 17 24 of the Development Code Also, because of the subtect site property elevation, the matority of the physical bulk of the new homes will be below the existing elevation of their properties Effective screening will be provided by a Eucalyptus tree windrow and mature landscaping located on the neighbors' properties Staff believes the loss of any views and privacy should be minimal (Exhibit H) E Grading. Technical and Design Review The Grading, Technical, and Design Review Committees completed their analyses and accepted the protect as submitted at their respective meetings held on May 31, 2005 (Exhibit I) Included in the Resolution of Approval is a requirement to construct an extension of the Community Trail at the north side of Hillside Road. Trails Advisory Committee. The application was reviewed at the May 11, 2005, Trails • Committee meeting. The committee members directed the applicant to provide a local trail parallel, and adjacent to, the flood control channel to link the new parcels with the Community Trail within the parkway of Hillside Road This, and other requirements, have been incorporated into the Resolution of Approval ~a PLANNING COMMISSION STAFF REPORT . TENTATIVE PARCEL MAP SUBTPM16728-JOHN DIPONIO July 13, 2005 Page 3 G. Environmental Review The protect ~s categorically exempt from the regwrements of the California Environmental Quality Act pursuant to Section 15315, Class 15, of the State CEQA Guidelines CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and all property owners within 300 feet of the protect site were notified. Staff received a phone call from Gary Womack, owner of a property at 5366 Evening Canyon Way, located about 225 feet to the northeast of the protect site. He stated that the proposed subdivision, in particular the flag lots, are inconsistent with the surrounding neighborhood Staff indicated that the proposed parcels, and specifically the flag lots, meet the minimum standards for area, width, depth, and street frontage Because of the required front and rear yard setbacks (42 and 60 feet), the separations between each of the potential houses would be at (east 102 feet Also, as the flood control channel is 80 feet wide and the homes will be on the west side of it, the separation between any potential home on the subtect site and the properties to the east would be at least 90 feet at the north end of the site and almost 190 feet at the south end of the site Mr. Womack submitted afollow-up letter (Exhibit G) detailing his concerns RECOMMENDATION Staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM16728 through adoption of the attached Resolution of Approval with conditions Respectfully submitted, rad Buller City Planner Attachments Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibd I - Exhibit J - Draft Resol Vicmdy Map Aerial Photo Tentative Parcel Map SUBTPM16728 Tentative Parcel Map SUBTPM16728 with Flood Control Easement Grading and Cross-Sections Neighborhood meeting summary with map Correspondence from Gary Womack Site Photos Design Review Committee May 31, 2005, Action Agenda Excerpt of the Development Code, Basic Development Standards ~tion of Approval for Tentative Parcel Map SUBTPM16728 I~ PROJECT SITE }' ~~ LANNlLLW AIiA IOMA ~ ~~~~ • 8.1' EXHIBIT A ~; .w.on ~~ . ~ ~ -~~, FR H~ ~ ~ ~ h u • C j i i ~ f.> TERRA VISTA ~R ~ I TOWN CENTER ; I rnsroruc ',~`'° ~ x ~ • ~ 66 ~ couwr / ~~gy~ douse - ~LP 'Y- ~.~ _ _.~ MALL ' . i rrtrurAes rwrq ~ x~ii,.>~ ~ I i _ !_ trsr~rrgy 'j~ rro~nru jl `4n~~w. EXHIBIT B~ N~ m X __ ~_ I I IWJI 1RAm MO yJlgl ' Em e~E I \ I n• I \\ / Paj .oven \ ~'~ 1 Em a \ I / I / 1 ------ --r p I ~~ ~ ~ 1 ^"~/ 1 / ~ ' ~~ 1' ua~• a 1 I EDT a II ~ 1'~ R I u me 1 ; ~V I O .'~ ~ ~ a J~II I ~i 1 ~ a ~ J I 1 1 4 PAAyLgL 2 r? 1 1 1 ~ ~, `1 `-~-- 1 I ~~ 1 ~ ~ --- II I 1 1 I 7 1 I ma I Nm E I mwl mn . i _ / y /`~-~'_,•~ //~i1' Ill I I /~ /,9 k~/ I r~l ~',i 11 ` m>~ / I ! '/Y .e.o.. I 1 I I I / PARCEL 1 __1~ --f - - -I- - 1 11 I , 1 eBCfCD I I I I 1 ' 1 ~ I ' 1 I ~O. I I _ _ T____ I r---- I ~ 1 _II I I I 1 1 (J/ 1 + I 1 ! r 1 iomn y . 8 '1 a ~ 1 11 ~-6 1-- 1 ~ - I TENTATIVE PARCEL MAP ` N0. 16728 IN THE CITY OF RANCHO CUCAMONGA BUNG A eUDOM510N OF A RDRTION Oi SE 1/A NW 1/A SW 1/1 OF SEC 3J TS 1N, R]W, 9AN BERNAROINO BABE ANO MERIOWI, OrtY Of ANCHO CUCAMONW, COUNTY OP SAN OERWJIOINO, STATE Oi GL6ORNIA ALLOROING TO THE OFFlCVL PU7 THEREOF APPRWID fM THE SURJEI'OR GENERAL, GATE JUNE 20, 1884. NOVEMBER 2004 ASSESSOR'S PARCEL NUMBER VICINITY MAP OWNER /DEVELOPER ADJOINING LAND USE R,eE uNNn PARCEL INFORMATION IOfY MIMP b weC¢E - ] mlrm w >M vms xl w o .cm oam. _~ wna[ eE M1d 1@. ill ]fe EJ Eal~a w - NuEaE acorn rt - nnoe co-na w rw ~ilal~ w r I~ a LEGEND ~_ ~ ~~~~~ M ~~ C~ 0P Yw•Ol NOTES aeewnn m N' eLESNm ro NISe ~ -~I~ OIIMe~ M~ ~sm9 INaY Y an m eoen It uelo AIlp ro ISIMN .a. e..oe..e .e..~.e~s eo. Plq~r~im~m LEGAL DESCRI~~TION ~~ . as °~.®.e.a'°n°m'.~+,,.a ~ NM.r~ w eom'~+~~^ waw news ~n s r s~ u nus.~ _ _ r~ •nY1O+6•'i~nl,es eO1Aq'. n%ae a eo°'d..e° UnLITY PROVIDERS "° ewes » u `N me •• •' n.n ~ ~ ~ . n .~'°""...n. W[Rei~ ~v~~...""" r n'•wla ~~l>~,M ~~..~... ~~-~~~ .see _ row ~ w neD~w° Nm oermv a nuE mn seM uF sun ~ ,wn .,.e, ,.. m . m~.n > m ~ ~an~~iA~ ~uTUVi V1Tp*M~N *1.[1 em.vr ~ry v M elm~1 ~/~ s le m'nlY >mv uM luew. Vl s w°e°me'm vi s rr ,~. ;, ~ ~ ,,,: a ~. ,,. M oi.a°~ ~ M. mnww s «e rroo. ~a. wm m1~wtt PxAlI~AMMIO~O Ve O~ Y~5 M YIYI Ta1V l~n lnM IR IIn EASEI~MMENTS .e.~ e~.n w om awn....4, n'e ~fpy~~15~,, m raEM + l ooodr~c~um i~ge0®. Ne }i Yl DERSON-GUTIERREZ ENCTHaeTCR a T/J70 9uRVelroTas, 1Rc p-A e M S11Rt YM09 [I<AWq 4 \1151 ]91 980-1411 J N 04-048 N pC d e~; , ~ , , a m n N N O rv 3 __°a H/L L S/DE R ,4 _ -- ---- -- ------ -- - -- _ ^ -~' - - -~_ _ _ ---L--- ( EXHIBIT D TRACT NO LoT e r --~ - ~~ rasnrc / 11LL~~LL 1 1 + \ ~ 1 ~ PAR( RLilppl(E LOT 9 1 ------ anTwa---T-~ carc~xr Ppi ~ / ~ it'~"L ~0 ~7 ,> ~ ~ ,-_ i y 1~~I _ M1 / c• /~~,~ ,~ ,1a / ~i' J iat ~',~ i. /~ ' i 2oxm v~ I~ I ~ PA~CE~LE 1 ~~ •LOT 8 ~ Aaht~ ' ~ ~tl C/^/` / V / ( (~ l~ ,~ ,, ~ ~~ ( ~ '1 r ( ~ r (' ~,~ ( I ~ ~ i ~ ' f ~ L__- / ~-_-_ !, 1 { 1 1 I 1~ (// 1 I f ~ I f ' I ~ ~pb I ~1 ~ r ti~ ;r T 7 ADJ RE511 itoa PA TOTN GR06 1ffif . DENS ME ZOMI E%ISI PR01 LE( S NC DRP THE q o ~9 ____ _ ~- .(- PROP !~G --~a--~giyT~ __ _ c ~_ __ _ _JF' ~ PRaP xn oM (~a~ oM w ~ ~ e~~~o' ' - -_ _ - _ _'- 17• __ - T T ~ _ -4 - ~., ae ~~ _- ' x , = S}~N ~~`-~ WuN~ r~.o0~ cAr.-+'i~l. ~i~R--cr' ~1tS~iF~?r N-7 m -- 00 -~ ~ rn -_ LEGEND ea -4-- m+mw -~e ~p1Y a ~ ' ~ ~ _- mm .e . ie. a. ima ~ aru.e ..~ an -r.w__ mnm us e.... w o. m..nN ro oNwoe m ww ® e.. EV cw~ 0.A13 °P SECT1pN B-B ms.-r .rt ~.` -- '~I._Y.J..~.1~ ............. y --~~ •~ OEMIIYOED [i1 E111[ Oi6f QMB ~ GTfA 1 flli Nw YIIOV /'R' IMCE YEN lK t• 9QIE N{fAINiVpRN RAM YI19Ai® W COUMUNRV TRAIL SECNON • wm p VR4E SANDERSON-GUTTER P6 p1O:®""^o^.°. ~~~ew' fi r~• lx a ~' ,I i J CffT OP RANCHO CUCAMONRA Ib1~PfilAL 0PA0C~IOI PLAN" ~: s== - SECTION A-A msr.r v~.. - ..~ SECTION 0-D m s r.p .ai rv 1 r~ua ra.~ c SANDERSON-GUTIERREZ ~f'eu~i u~ ran IIif?'@Y'BAT~ v- CDY OF RANCHO CAICAMONO~ C~NG'~R1AL ORAOBJO PLAN I I ,~ 1 1 \~ ~ T,~ -}" '`~ { .,_ . ` 4 ,, , 1 . ~ s' Leonard "~ ~ ` ;' 9838'x', ~~;---~ - - ~~~ ~ Yoast_ - L s'' = 9.840 " }, ~ S 4 Flying Mane Ln `-~~ - 4 ~ y 1~ _. - _ .- -Parrish- PROJECT 98.41 SITE Car~illlo ` ~-'~` ~~„--- 9827"~-~ r 'r ~t~, r - Hillside Rd i \\ -_ \ .Womack ' = - 5.366., - ~~ ' >. ' i~ iI 0 i ~ ,, ;, L__-- /\ / / i ~~ ~, ~. , ' ~ ti ~, ~- ~, ~~~ ~. ~ ,- ' N EXHIBIT ~-~d Neil?hborhood Meeting Report CRY OF RANCHOCUCAMONGA . MayV11, 2005 JUN 16 2005 RECENED -PLANNING Re. SUBTPM 16782 A written notice of this neighborhood meeting was mailed to all property owners within a 300 foot radius of the subject site on Apri125, 2005 (copy enclosed). The meeting was held at Vineyazd Junior High School located at 6440 Mayberry Ave, Alta Loma, CA 91737 on Thursday May 5, 2005 at 5:30 P.M. 1n attendance were John Diponio (applicant), Rita Dipomo, John Diponio Jr., Mike Smith city planner, and invited neighbors (copy of sign-in sheet enclosed). Copies of parcel map and comment cards were provided to all guests. No comment cards were completed. The parcel map was displayed and discussed. I explained the location of the shared driveway servicing the three parcels, the build able area of each lot was pointed out with the city required setbacks indicated. Questions were raised regarding retaining walls. I explained that retaining walls would be kept to a maximum of 4 feet in height and used in areas were necessary. . Two homeowners located on Flying Mane Lane of the housing development to the North-West expressed concern with the height of the homes. I explained that the homes would be kept within the building envelope set forth in the Hillside development ordrnance. Also, I will keep the pad heights as low as possible while still maintaining required lot drainage. In addition to this, I intend to position the homes where they will be the least obtrusive and provide the best available view corridor within the allowed building area. I did however point out that the proposed parcels are significantly lower than the homes owned by the concerned neighbors. Pazcel 1 is approxrmately 30 feet lower than lot 7, 40 feet lower that lot 8 and 45 feet lower that lot 9 of Flying Mane Lane. Parcel 2 does not block the view of lot 7 and is approximately 25 feet lower than lot 8 and 30 feet lower than lot 9 of Flying Mane Lane. Parcel 3 lies to the east of lots 7, 8, and 9 of Flying Mane Lane and creates no view obstruction. Mr. and Mrs. Yoast gave me their phone number and I intend to meet wrth them at the site to further discuss their concerns. All other neighbors in attendance were very pleased with the project and expressed their support. ' at 6:30 P.M. ,l •~~ b.,~ . .; •- - . , • ; • ~; _ ~ ~,'~, . , ,. ,;;,;7.- rijE1GHBORHOOD ~rREETING SPIGN-IN SHEET Held By: John Diponio On: Thursday May 5~h, 2005 At' Vineyard Junior High 6440 Mayberry Ave. Alta Loma, CA 91737 Re: Tentative Parcel Map SUBTPM 16728 for property located on the North side of Hillside Road between Archibald and Hermosa. Name Si nature Address 2) ~ i n G.-i.~ ~ ~ ~ ar ' ~ •~• n 9£s~ d'I ~~ 1-f~~ 6 ~ ~n a sa~~ ~~6~~~v ~ - i ~' e ~ 1~ M ~ ~ i a ~.3 ~-ia s i June 1, 2005 To Mike Smith & Rancho Cucamonga Planning Commission The City of Rancho Cucamonga 10500 Civic Center Drive ~~P Rancho Cucamonga, CA 91730 J(/N nCHO cUC~M~NQA Af~f 2 ~R9S RE: Tentative Parcel Map (SUBTPM 16728) ~D. p~NN'NG Deaz Mike Smith and the Rancho Cucamonga Planning Commission, My name is Gary Womack and my family and I have lived m our home located at 5366 Evening Canyon Way for almost eighteen yeazs From our first day residing in our home we have enjoyed the nice environment that our neighborhood has provided to us and to our neighbors The positive living experience that we enjoy in our neighborhood and community have helped shape our roles as active community leaders My wife and I have been active with many organizations m our community including youth sports and assisting in our local schools My wife, who is a long time teacher in the Alta Loma School District, has served for six years on the Rancho Cucamonga Library Board of . Trustees Recently we received a letter from Mr John D~ponio noufymg us that Mr D~pomo was holding a meeting to discuss a proposed protect that Mr D~ponio is attempting to develop on a property that fronts onto Ilills~de Road This property is 2 99 acres in size and Mr Deponio is proposing to subdivide the property into three parcels Upon exploring the proposed subdrvis~on and development further at the Planning Department's counter I was able to gain a more clearer understanding as to the layout of the proposed subdivision I also spoke to mike Smith, Assistant Planner, who provided to me more details about Mr Diponio's proposed subdivision ARer reflecting on the matter further, I have developed several concerns that are worth addressing Even though the land area can accommodate the three lots, the fact that two of the three lots will be flag lots is of concern to me Flag lots are not common in our city and are not consistent with the lots in the immediate area Furthermore, I have been told that the financing of flag lots is harder to obtain in part due to the problems that arise between flag lot owners and adjacent property owners Additionally, by having two of the proposed lots being proposed in such a way that most likely will cause any homes to be constructed on them to face the rear yards of ex~stmg homes is another dislike of mine for the proposed protect Such a layout will be nonconforming to the immediate area To squeeze two homes onto the rear area of the (existing) property in order to develop homes . m a compound fashion is out of step with nearby lots or homes Also, the size of the homes that probably will be constructed on these three new lots will be large, two story, EXHIBIT G ~"`3 J Page 2 of 2 • homes which will be visibly intrusive in shape and design, will have intrusive lighting, and will generate additional nose (especially concerning the two homes that will be constructed on the proposed two rear lots) This development will negatively impact existing homes that are located nearby And for what, so that densities can be maximized on a current odd shaped parcel In my opinion the development as proposed is out of conformity with the local, existing, homes and neighborhood and does not reflect the high development standards currently found in the existing area And one other point, the existing tracts of homes located on the west side and the east side of the proposed subdivision development were all developed using single story home designs In summary, the subdivision of the current parcel into flag lots and the likely construcl~on of two story homes on these rear facing lots ~s non-conforming and intrusive The existing slope on the west side of the subject property where retaining walls might have to be constructed, the flag lot co~gurat~on, the back yard facing homes that will probably be two story designs ~s pushing the envelope with regards as to what the current parcel can really accommodate I submit to the City staff members and the Rancho Cucamonga Planning Commission to consider the above and how this proposed subdivision and subsequent development will negatively impact the immediate neighborhoods This proposed subdivision development is not a normal, street fronting, subdivision and is uncharactenstic I ask you, and encourage you, not to approve this • subdivision as proposed Thank you. Respectfully submi ed, ~----~ Gary Wom ck 5366 Evening Canyon Way Rancho Cucamonga, CA 91737 909/980-7648 dipomo city letter 6-01-05 N'~y 'r=: ,~;' ~-, 0 n N 0 N 3 a • ;-_ . ).' .. ,~ _ ~ TRACT NO 9379I~~ ,,, V • - , , . - - - LoT e- - -' x en~c - nim~c1J7~' e+ nr Fw~a L~ ~ _ - _ ~xiei ~ I I ~ D wee , 11 I / PAdR 3 /. I ry i ~~ LOT 9 I a // / - ~ ~ / ;~1 ~~---- IX61WG / ~ / ? fASFYM / / i l 11 P ~~, ~ ~ lr ! rl N)C 16 JI'H ~ 1 I / •, e,, / i .~ / 1 / LDT B / ~ I '` h / ~ J ~~ _-/ - ~) 'PARCEL 2 ?~ ~ it lr ,~~1 `h ~ " "`~ fY~-Ir_ e I vi / k/ fr ePo 7 ( i ' I I i ,, N' '' I t~ I l ~% SBCFC.D / I / / 1 ~ ' I / 1 1 / 1~, 1 j' ~ ~ l 4, / ~ ~ ~ / f ~ / j I I '"'~" ~; / f l r ~/ j / ~+ i ~ 1 I / i 1 / / ! / `/ !ll ~ ! / / FF90FMf2 bb I / ,8 / h~ ~ I ,' Ii~ ~/ A ! I / I G ~/ ^ I I r~/ zw+m tit ~/ ~ ~/~ % ~ 1~ ~( /1 . ~ ~ ,ej :~ ~ - _ ~ / PARCEL 1 ;~ v ? U5~ ~~-' ~. i y ~~//PMC6 3 I )e-ew G' I l~ r i tiros vJ I ~ "' m~ ~ I ~, r l l :excn ,~ Y ~ _ _ w X89 ~~]! 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It r~~ . t~ ' .f :r .` 1 .i ' e-r~.i)1 z r~'~'..,,.4 +~r ~ f"r ~ r~~v ~`C „~ ! - t' 4i ,,y.~$~-`:.1 ` r.,`s, r$'t.i L~4k rl. L4 ,'~t.T'<115 ,1~. ,~~ ~~ ~ 1 <L: !!~Y . 1 Ltr ~ r~ s` 5 ! .~ .+~ ifSR t s l .s i "~ w L~ ~<<~v t f1r°._. 'ftt f2~.P~~: ~ ~• L a! rri _•, 1 ?'~~,~ It~r t!. t .~,~. ,! L~ la, ~' +~~. '~~5s. 'rt7"w ft, s r u_ ~ Y ~ ~. s ~' ~ !t~`q, d + L ~~~ t ,I ` k F~~~~: ~' "ih :. rt<<I.;~~ rh'Ii i R~,'-~r r1~`_ tea F rtr F +t S • ~rd ~ ~ ~ ` ~,,~~~L'1~~- 7e! ' ~ ` yt~rd'~dil~Li L~ .y~~ss(~ii~ xk r 1 i , d (. / ~ r 1 ~r q'~'y~( '~, 'f / ~. ! 4 1 t ` trL~l~~~~ !a`s t~ 1r(.°!~~ yt j'~ s, 1 ° j ~ k .. t t/ Y e` kt ~1 ~~pp~ }} v l ~' f 7 s /f Y~ y ~ Kt~~~t~L .~~~~~~~~~ "/!}~~ s' J _ ! r{ x~r 1 V~i, h } ,.1 ~ 4 {,~ ~. ~{ rlv. re4 ~5 DESIGN REVIEW COMMENTS 7 00 p.m. Michael Smith May 31, 2005 TENTATIVE PARCEL MAP SUBTPM16728 - DIPONIO -A request to subdivide a parcel of 3 04 acres into three parcels in the Very Low Residential District (about 2 acres) and Flood Control District (about 0.84 acre), located at the north side of Hillside Road, about 1,000 feet east of Archibald Avenue - APN: 1074-161-16. Design Parameters: The protect site is located at the north side of Hillside Road on a parcel of 304 acres, lust below the Alta Loma Basin flood control facility. The parcel is generally triangular in shape with an overall depth of about 656 feet north-south by 315 feet east-west. The site is partially developed with the Alta Loma Channel located within an 80-foot wide easement in favor of the San Bernardino County Flood Control Distract. This easement isaligned in anorth-south direction at the east side of the property and unevenly divides the property into two parts. The matonty of the property that could be developed for residential use is on the part to the west of the easement. The part to the east of the easement cannot be developed as it is only about 5,900 square feet in area, and only 48 feet wide at its widest point, and has been recently planted with a vineyard All of the surrounding properties are developed with single-family residences. The existing topography slopes from about 1,870 feet on the north side of the lot to about 1,835 feet on the south side. The properties to the west are about 20 to 25 feet higher in elevation than the subject property The applicant is proposing to subdrvide the property into three parcels for future development of one single-family residence on each. Parcels 1 and 2 will each have an area of about 22,000 square feet while Parcel 3 will have an area of about 36,500 square feet. Parcel 3 includes the entire flood control easement and the undevelopable 5,900 square foot part of the property. The proposed parcel map and the parcels created comply with the City's requirements for lot area, width, and depth that are applicable to this development district Although all three lots will have frontage on Hillside Road (Parcels 2 and 3 will be "flag lots"), at the direction of the City's Engineering Department, access to the site will be limited to a single, shared driveway and drive approach at Hillside Road At this time, the applicant has not submitted any house designs for review However, as the property is located in the Hillside Overlay, each home will be subtect to the Hillside Design Review process which includes review and approval by the Design Review Committee Staff Recommendation: Staff recommends that the Committee recommend approval of the proposed parcel map as submitted to the Planning Commission Design Review Committee Action' Members Present: McPhail, Stewart, Coleman Staff Planner. Michael Smith Recommended approval subfect to providing Local Feeder Trail access to the rear of each lot. EXHIBIT I ~-ag Table 17.08.040-B -Basic Development Standards C u L LM M MH H Lot Area: 22,500 8,000 6,000 3 act 3 acs 3 acro Minimum Net Averaoe Minimum Net 20,000 7,200 5,000 3 act 3 act 3 act Number of Dwelling Unns Up to 2 Up to 4 Up to 6 Up to 11 UP to 19 Up ro 27 (Permiaed Per Acre) tdinimum Dwelling Unrt Sae: Single-Family Attached & 1,000 square feet regardless of distnd DetachedOwellin s Multiple Family Dwellings 550 square feet regardless of distnd Elficienc /Studio One Bedroom 650 square feet regardless of distnd Two Bedroom 800 square feet regardless of district Three or More Bedrooms 950 square feet regardless of distnd Lot Dimensions Minimum Width 90 Avg. Vary+/- 65 Avg 50 Avg. Vary +/- N/R ~ WR (® Required Front Setback 10 Vary!-5 5 Minimum Comer Lot Width 100 70 50 N/R N/R N/R Minimum Depth 200 100 90 N/R N/R N/R Minimum Frontage at Front 50 40 30 100 100 100 Pro a Line Minimum Flag Lot Frontage 30 20 20 50 `.~ `~ ® Front Pro a Line Setbacks.'~~ Va +9- ery+9' Va v+q/- " g ~ V ry ~ WR Yardtclrtl s v S S + / - 5 e Comer S1de Yard 27 27 22 27 WR N/R Intenor Side Yard 10/15 5/10 5/10 10~ N/Fl WR Rear Yard 60 20 15 10ro1 tJ/R WR At Intenor Site Boundary 30/5 20/5 15/6 15/5 15/5 15J5~ (Dwelling UniVAccesso Building Residential Building Separations ~ WR N/R Required Per Section 17.08.040-E Height Llmitatlon~ 35 35 35 35~ 40~ 55~ Lot Coverage 25% 40% 50% 50% 50% 50% Maximum % ~ Open Space Required ivate Open Space P 2 000/ ,000/ WR 300/150 225/150 150/100 150/100 r Ground Floor/ U er Sto UnM WR Common Open Space WR WR WR 30% 30% 30% (Minimum Percent Usable Open Space 65% 60°.6 40% 35% 35% 35% (PAvete end Common Recreation Area/Facility N/R N/R N/R Required Per Section 17.08.040-H rot rot rot Requned Per Section 17.08.040-G Landscaping WR WR WR Required Per Section 17.08.040•R Amenftlea N/R =Not Required rand necessary for secondary streets and artenals end rn hillsrde areas shall be EX H I B I T ~ on the slope%apaciry /actor contained in Sachon 1724 080-8. rd from the u/amate curb lace on pyb6capnvete streets. Refer to Table 17.08 040.0 1/setbadt. ~~~ ~-( nt yards allowed pursuant to Section 17 08.060-H. RESOLUTION NO 05-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16728 TO SUBDIVIDE A PARCEL OF 3 04 ACRES, THAT IS PARTIALLY IN THE VERY LOW (VL) RESIDENTIAL DISTRICT (ABOUT 2 01 ACRES) AND PARTIALLY IN THE FLOOD CONTROL (FC) DISTRICT (ABOUT 0 84 ACRE) INTO THREE PARCELS, LOCATED AT THE NORTH SIDE OF HILLSIDE ROAD, AT ALTA LOMA CHANNEL- APN 1074-161-16 A Recitals 1 John Diponio filed an application for the approval of Tentative Parcel Map SUBTPM16726, as described in the title of this Resolution Hereinafter in this Resolution, the subfect Tentative Parcel Map SUBTPM16728 request is referred to as "the application " 2. On the 13th day of July 2005, 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 prerequisites prior to the adoption of this Resolution have occurred B Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct 2 Based upon substantial evidence presented to the Planning Commission during the above-referenced public hearing on July 13, 2005, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows. _ a The application applies to a parcel of about 121,000 square feet partially within the Very Low (VL) Residential Distract (about 2 acres) and partially within the Flood Control (FC) District (about 0.84 acre), located on the north side of Hillside Road about 1,200 feet east of Archibald Avenue, and b. The application contemplates the subdivision of the subbed parcel into three separate parcels Parcels 1, 2, and 3 will have areas of about 21,800, 23,500, and 79,000 square feet, respectively, and c Parcel l will have a street frontage at Hillside Road of 102 Teel Parcels 2 and 3 v~nll be flag lots All three lots will take access using a shared driveway to Hillside Road For all of the lots the widths at the front yard setback and depths will be in excess of the minimums established for this development district and d At this time, the applicant has not submitted any proposals to construct any residential structures, therefore, these parcels will remain vacant pending future development, and e The project site is located in the Hillside Overlay District and is subject to the Hillside Development Regulations described in Section 17 24 of the Development Code; and ~ ~~O PLANNING COMMISSION RESOLUTION NO 05-57 SUBTPM16728 -JOHN DIPONIO July 13, 2005 Page 2 f The protect site is located in the Equestrian Overlay District and is subtect to the standards for trail improvements, equestrian access, horse corral design, and minimum dwelling-to-corral separations, and g The properties surrounding the subject site are zoned Very Low (VL) Residential Distract, with varying dimensions and lot sizes and are improved with residential structures The properties to the west are about 20-25 feet higher in elevation than the subject property. 3 Based upon the substantial evidence presented to the Planning 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 Tentative Parcel Map SUBTPM16728 is consistent wiih the General Plan and Development Code; and b The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially infunous to properties or improvements in the vianity 4 This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the regwrements of the California Environmental QualityAct of 1970, as amended, and the Gwdelmes promulgated thereunder, pursuant to Section 15315, Class 15, 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 io each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Department 1) Approval is for the subdroisicn of a single parcel of about 121,000 square feet located on the north side of Hillside Road about 1,200 feet - -east of Archibald Avenue into three separate parcels of 21,800 square feet (Parcel 1), 23,500 square feet (Parcel 2), and 79,000 square feet (Parcel 3) 2) Each parcel shall be maintained and developed in accordance with the City's Development Code Prior to the development of each parcel, an application for Hillside Design Review shall be submitted for review and approval. 3) Approval of this request shall not waive compliance with any sections of the State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) Removal of any trees shall regwre the submittal of a Tree Removal Permit for review and approval by the City Planner 5) Provide a 12-foot wide trail connection in the flag portion of Lot 3 along, and parallel with, the west side of the flood control channel easement m order to allow Lots 2 and 3 direct access to the Community Trail, which ~1 X31 PLANNING COMMISSION RESOLUTION NO 05-57 SUBTPM16728 -JOHN DIPONIO July 13, 2005 Page 3 will be constructed at the north side of Hillside Road This connection shall be constructed per City Standard, the decorative trail tenang is not required. 6) Provide astep-through and appropriate signage, designed per City Standard Drawing No 1006-A, at the access gate located at the east side of the flood control channel for the Alta Loma Channel Trail The area immediately ad/scent to the gate shall be graded level The applicant shall be responsible for securing applicable Flood Channel Permits and agreements. 7) Provide appropriate Community Trail Sign Identification at the intersection of Hillside Road and the Alta Loma Channel Trail Enomeering_ Department 1) Development will be required to install all missing improvements along the full frontage on Hillside Road, including but not limited to, drive approach, street lights (5800 lumen), street trees, and a Community Trail All Public improvements to be m accordance with the City's "Collector" Street Design Standards Street improvement plans shall be • prepared for all the Public Improvements including the CommunityTrad a) Protect all existing street improvements, curb and gutter, dove approaches, storm drain, catch basin, R-26 "NO PARKING" signs, etc., or repair/replace as required. b) To help with visibility on Hillside Road, for vehicles approaching from the west of the pro/ect, place a single driveway access, 26 feet wide to serve all three lots The existing driveway approach immediately west of the existing catch basin must be removed in its entirety and reconstructed to loin with the trail easement line Also, reconstruct portion of existing local depression to faalitate installation of the new dove approach c) To help ingress egress through driveway(s), use a commercial type drive approach with radws returns, modified to work with the trail (details to be worked out during plan check) 2) Construct a Parkway Community Trail Trail will need to loin existing trails to the east and west but should transition so fencing can be set behind driveway(s) Imes-of-sight Where possible, provide the standard full 20-foot trail dedication measured from the face of curb in accordance with City Siandard No 1003 Where the Alta Loma Channel box culvert restricts trail width, the entire 13-foot parkway shall be stabilized decomposed granite Existing PCC drive approaches and catch basin surfaces shall be sandblasted to achieve a surface finish comparable to a "medwm broom fimsh " Trail will be Publicly maintained by the City and separate Public Improvement Plans will be required for its construction. ~1-3a- PLANNING COMMISSION RESOLUTION NO 05-57 SUBTPM16728-JOHN DIPONIO July 13, 2005 Page 4 a) All drive approaches crossing the trail shall be medwm broom firnsh concrete b) Trail fencing shall not encroach on driveway Imes-of-sight c) Provide a step through and appropriate signage, designed per City Standard and include on Public Improvement Plans required m item E 2. above Place the step through adjacent to the access gale located at the east side of the flood control channel for the Alta Loma Channel Trail The area immediately adtacent to the gate shall be graded level Secure all applicable approvals, agreements, and permits from the Flood Control District (FCD). d) Provide appropriate Community Trail Sign Identification at the intersection of Hillside Road and Alta Loma Channel Trail 3) Protect the Alta Loma Storm Drain Channel faalities adtacent to this property. Submit this proposed development to the FCD for their review and comment a) Provide the City with a copy of the FCD subdivision development comments/conditions b) Notify and obtain permission from FCD before installing any improvements adtacent to the channel facility and easement. 4) Drainage and access easements shall be shown on the final map. Provde adequate disclosures that owner of Parcel 3 is responsible for maintenance of street trees and triangular portion of this lot on the east side of the channel 5) Shared access and cross lot drainage faalities shall be installed. Process a Grading Plan and agreement with the Building and Safety Department and post grading bond poor to final map approval. 6) Maintenance of Best Management Practices identified m the Water Quality Management Plan shall be addressed m the project Covenants, Conditions, and Restrictions. 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY• Rich Macias, Chairman N '~ PLANNING COMMISSION RESOLUTION NO 05-57 SUBTPM16728 -JOHN DIPONIO July 13, 2005 Page 5 ATTEST• Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission for 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 13th day of July 2005, by the following vote,to-wit: AYES: COMMISSIONERS NOES: COMMISSIONERS. ABSENT. COMMISSIONERS• ~J ~-3'~' COMMUNITY DEVELOPMENT - DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM16728 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: JOHN DIPONIO LOCATION: 9772 HILLSIDE ROAD; APN:I074-161-16 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. \ APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. 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 appllcant 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 maybe required by a court to pay as a result of such actlon The Clty may, at Its sole discretion, participate at Its own expense In the defense of any such actlon but such participation shall not relieve appllcant of his obligations under this condition B. Time Limits - - ----- This tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map Is filed with the City Engineer within 3 years from the date of the approval C. Site Development The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, Development Code regulations. Prior to any use of the prolecf site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner 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 Com lellon Da ~~- ~J- _/~_ _/-~. -~~i Sc-,-o5 N-3~ Protect No SUBTPM76728 Completion Date 4 Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the • Ume of bwlding permit issuance 5 A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed ~~_ control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements a Local Feeder Trails (i a ,private equestrian easements) shall, at a minimum, be fenced ~~_ with two-rail, 4-inch lodgepole "peeler" logs to define both sides of the easement, however, developer may upgrade to an alternate Tence material b. Local Feeder Troll entrances shall also provide access for service vehicles, such as ~~_ veterinarians or hay deliveries, including a 12-foot minimum drive approach Entrance shall be gated provided that equestrian access is maintained through step-throughs. c. Local Feeder Trail grades shall not exceed 0 5% at the downstream end of a trail fora ~~_ distance of 25 feet behind the public right-oi-way line to prohibit trod debris from reaching the street. Drarnage devices may be required by the Building Official d Provide a 24-foot by 24-foot corral area in the rear yard Grade access from corral to trail _/~ with a maximum slope of 5:1 and a minimum width of 10 feet 6 The Covenants, Conditions, and Restrictions (CC&Rs) shall not prohibit the keeping the equine ~_/_ animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners' associations for amendments to the CC&Rs . 7 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the n d E ~_/_ g ngineeri Homeowners' Association are subject to the approval of the Planning an Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first A recorded copy shall be provided to the City Engineer The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. D. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in J_J- the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2 All private slopes of 5 feet or more in vertical height and of 5.1 or greater slope, but less than 2'1 ~_!_ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 3 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater ~_/_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15•gallon or larger size tree per each 150 sq ft of slope area l-gallon or larger size shrub per each 100 sq ft of slope area, and appropriate ground cover In addition, slope banks in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting required by this section shall rior to occu anc l er d b th d . p y p eve op y e include a permanent irrigation system to be installe SC-1-OS -3 ~ Protect No SUBTPM16726 Comoletion Date 4 For single-family residential development, all slope planting and irrigation shall be continuously -/~~ maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in 5 _/-/._ . the required landscape plans and shall be subject to City Planner review and approval and the uired b e b h y q e r may coordinated for consistency with any parkway landscaping plan whic Engineering Department APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following -/~- a Site/Plot Plan; b Foundation Plan; c. Floor Plan; d. Getting 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, Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste f . diagram, sewer or septic system location, texture units, gas piping, and heating and air conditioning, and g Planning Department Protect Number (i e., SUBTPM16728) clearly identtiied on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and a sorts report Architect's/Engineer's stamp and "wet" signature are requued prior to plan check submittal _/~- 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to ~~- the City prior to permd issuance 4. Separate permits are requred for fencing and/or walls ---J-J- Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can 5 _/_I- . contact the Bulding and Safety Department staff for information and submittal regwrements. F. Site Development Plans shall be submitted for plan check and approved prior to construction All plans shall be 1 -/-/- . marked with the protect file number (i e , SUBTPM16728) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in eiiect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new residential project or mator addition, the applicant -/-/_ shall pay development tees at the established rate Such tees may include, but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance SC-1-OS ~-37 Protect No SUBTPM16728 Completion Date 3 Street addresses shall be provided by the Building and Safety 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. G. New Structures 1. Provde compliance with the California Building Code (CBC) for property line clearances -/-/- considering use, area, and fue-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations _J~- 3. Roofing material shall be Installed per the manufacturer's "high wind' instructions ~~- H. Grading 1. Grading of the subtect property shall be in accordance with California Building Code, City Grading ~-/- Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A sods report shall be prepared by a qualified engineer licensed by the State of California to J~- perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the ~J-/- time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, -/_/- submitted, and approved by the Building and Safety Official prior to the issuance of bwlding permits. 5 A separate grading plan check submittal is requued for all new construction protects and for _J~- existing bwldings where Improvements being proposed will generate 50 cubic yards or more of combined cut and tell. The grading plan shall be prepared, stamped, and signed by a California registered Clvd Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access 1 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from -/~- street centerline) 42 total feet on Hillside Road 2 Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by -J-/- ~~- deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved 3 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or ~-/_ noted on the final map. ~~ SC-1-OS ~' 3g Protect No SUBTPM16728 Completion Date J. Street Improvements Pursuant to City Councll Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all Improvements required by these conditions of development approval have been completed and accepted by the Clty Councll, except that in developments containing more than one bullding or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of Improvements as requlred by condltlons of approval of development In no case shall more than 95 percent of the bulldings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development Construct the following perimeter street Improvements Including, but not limited to Street Name Curb 8 Gutter AC Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other Hillside Road X X X X 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 CIVII 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 performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office m 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 motor or secondary streets and al 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 Clty 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 galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per Clty Standards or as directed by the City Engineer f Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction 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 Clty 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 • / / / / / / / / / / / / / / -f-f~ / / SC-1-05 ~~c:3 t Prgect No SUBTPM16728 Completion Date 4 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 5 Install street trees per Clty street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street Improvement plans. Street Improvement plans shall include a line Item within the construction legend stating "Street trees shall be Installed per the notes and legend on sheet 1 (typically sheet 1)" Where public landscape plans are required, tree installation in those areas shall be per the public landscape Improvement plans The City Engineer reserves the right to adtust tree species based upon field conditions and other variables For additional information, contact the Protect Engineer Min Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Hillside Road Lagerstoenia indica Crape Myrtle 3' 20' O C 24" Box X 'Natchez' Hybrid-White Public Maintenance Areas 6 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 K. L. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. M. Utilities 2 SC-1-05 Construction Notes for Street Trees ' FIII-in quantity on plan 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual towcdies or nutrient deficiencies may require backfill soil amendments, as determined by the CIty inspector 3) All street trees are subtect to Inspection and acceptance by the Engineering Department 4) Street trees are to be planted per public improvement plans only A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the CIty Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District East of Archibald Avenue -north side of Hillside Road A signed consent and waiver form to loin 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 Drainage and Flood Control 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 Utlllty Standards Easements shall be provided as required The developer shall be responsible for the relocation of existing utilities as necessary / / -/-/- / / / / / / / / / / -/-/- ~6 ~ 1 Protect No SUBTPM16728 Comolehon Date 3 Water and sewer plans shall be designed and constructed to meet the requirements of the _I_l~ Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVWD 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 pro/ects 4 Approvals have not been secured from all utilities and other interested agencies involved _I_/_ Approval of the final parcel map will be subject to any requirements that may be received from them N. General Requirements and Approvals 1 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/_/_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved 2 Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall _/_/_ be paid for the Construction and Demolition Diversion Program The deposit is fully refundable rf at least 50% of ail wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the Ctty Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition protect APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-1-05 N' ~~ ~ RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS April 6, 2005 John Deponio (3) SFR Home Sites SUBTPM16728 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT FSC-1 Public and Private Water Supply. A Private fire hydrant system will be required 1. Design guidelines for Fire Hydrants• The following provides design gwdelmes for the spacing and location of fire hydrants• a. For single-family residential protects in the designated Hazardous Fue Area, the maximum distance between fire hydrants is 400-feet. No portion of the exterior wall facing the addressed street shall be more than 200-feet from an approved fire hydrant. For cut-de-sacs, the distance shall not exceed 150-feet b. Fire hydrants are to be located. The preferred locations for fire hydrants are' i. At the entrance(s) to a commercial, industrial or residential protect from the public roadways. ii. At intersections. m. On the right side of the street, whenever practical and possible iv As requred by the Fire Safety Division to meet operational needs of the Fire District. v A minimum of forty-feet (40') from any building c If any portion of a facility or bwlding is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Prowde one fire hydrant for each 1000 gpm of required fire flow or fraction thereof FSC-2 Fire Flow. A Fire flow letter will be required to proot the required fue flow. 1. The regwred fire flow for this protect is 2000 gallons per minute at a minimum residual pressure of 20-pounds per square inch This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances For structures in excess of 3,600 square feet use CFC Table A-III-A-1. ~,~a-- 2. Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide the regwred fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. Fire service plans are required for all protects that must extend the existing water supply to or onto the site Building permits will not be issued until tire service plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed protect site FSC-3 Prerequisite for submittal of Overhead Automaiic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans for the public underground supply piping Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems. Automatic Fire Sprinklers are required for all structures built on parcels 2 &3. Rancho Cucamonga Fire District Ordinance 15, the 2001 Califorrna Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Buildings constructed in the designed Hazardous Fire Areas which include: a. All structures that do not meet Fire District access requirements (see Fire Access) When required fire flow cannot be provided due to inadequate volume or pressure. FCS-5 Fire District Site Access. A reduced width of 20' wdl be permitted provided a means of turn around is provided on Parcel 3. Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access -Fire Lanes Standard 9-7. 1. Location of Access. All portions of the structures is' story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the bwlding. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b The maximum inside turn radius shall be 20-feet. c. The minimum vertical clearance is 14-feet, 6-inches. d The angle of departure and approach shall not exceed 9-degrees or 20 percent e. The maximum grade of the driving surface shall not exceed 12% L...J 2 1~ -^-' t. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). g. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6 inches from the ground up. Vegetation shall not be allowed to obstruct Fue Department apparatus. FSC-6 Residential gates installed across Fire District gates if installed shall be in accordance with RCFPD Residential G9te Standard #9-1. 1. The following design regwrements apply: a. All automatic gates shall be provided with a Fire District approved, compatible traffic pre-emption device. The devices shall be digital. Analog deuces are not acceptable. Devices shall be installed in accordance with the manufacturer's instructions and specifications b. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. c. The key switch shall be located outside and immediately adjacent to the gate for use in the event that the traffic pre-emption device fails to operate. d. A traffic loop device must be installed to allow exiting from the complex. e The gate shall remain in the open position for not less than 20-minutes and shall automatically reset. 2. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire Distract standards shall be included in the architectural plans submitted to B&S for approval 3 Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, rf applicable, must be reproduced on the architectural plans submitted to B&S for plan rewew. FSC-7 Hazardous Fire Area This project is located within the "State Responsibility Area° (SRA), the "Very High Fire Hazard Seventy Zone° (VHFHSZ), City of Rancho Cucamonga "Hillside Distract°, and/or within the area identified on the Rancho Cucamonga General Plan, Exhibit V-7 as Hiah Probability-High Conseouence for Fire Risk. These locations have been determined to be within the "Hazardous Fire Area" as defined by the Fire Distract. The Hazardous Fue Area is based on maps produced by the California Department of Forestry and Fire Protection and the City of Rancho Cucamonga. Fuel modification Conditions must recorded with the County's Recorders office, the document must be reviewed and approved by FCS before recordation. 1. Hazard Reduction Plans: The applicant shall prepare the architectural plans for the construction of the buildings in accordance with the County of San Bernardino's Development Code as amended by RCFPD Ordinance 39, Appendix II-A. Fue Area FR3 regwrements apply to the construction of the bwldings based on the slope of the terrain and/or mitigation of the fuel modification plans. The development code provides standards regulating and regwring. N~~~ a. Fire resistive roof assemblies b. Fuel Modification and hazard reduction plans c. Fire District access roadways d. Fire resistive construction and protection of openings. e. Fire sprinkler systems Fire flow criteria II ° For construction requirements in the Hazard Fire Area refer to the following web site: http•//www co sari-bernardmo ca us/landusesernces/DevCode (Chapter 2 Hazard Protection, Article 2 Fire Safety (FS Overlay District) for an Adobe copy. Also reference RCFPD Ordinance 39, Appendix II-A. 2. Construction requirements for the Hazardous Fire Area: (This is not a complete list of requirements and some requirements may not apply to FR3 Areas). a. The roof shalt be a Class °A" fire-resistive assembly approved by Bulding and Safety. Fire-retardant Class "A° wood shakes and shingles shall be listed to comply with the 10-year °natural° weathering test Class "A° roof assemblies shall be installed in accordance with their listing and manufacturer's instructions. b. The space between rafters at the exterior walls shall be solidly filled with tight-fitting wood blocks 1-1/2 inches thick. The eaves may also be "boxed". • c. The exposed surface of exterior wall must be a part of a listed one-hour fire resistive assembly. d. All exterior doors must be of a solid wood core type. Dual pane glass is required for all glass in doors. e. All windows and sliding glass doors shall be constructed of dual-pane glass. Cantilevered or standard type decks shall be constructed in accordance with one of the following: A minimum of 1-1/2 inch lumber for all the framing and any deck materials. u. Protection must be provided on the underside of the deck by materials approved for one (1) hour fire-resistive construction. w. Be of non-combustible materials, as defined in the Building Code. g. Patio covers attached or within 10-feet of a residential structure shall not be constructed of materials less than 1/2-inch in thickness. Plastic, bamboo, straw, fiberglass or wood-lattice less than 1/2-inch in thickness are not permitted. h. All required fences adjacent to fuel modification areas or wildland areas bwlt as conditions of approval shall be of non-combustible materials as defined in the Building Code. Any fence within 10-feet of the fuel modification area or wildland area shall be non-combustible, Beyond 10-feet, the fence may be constructed of any 4 ~~~'~ approved material. All other fences, including those on the interior of the protect are not subject to this requirement. • i. Roadways shall be provided along the protect perimeter exposed to a fire hazard or fuel modified area. The roadway is to allow fire district vehicle access. Such roadways shall be a minimum twenty (20) feet in width, with a grade not to exceed fourteen percent (14%) and capable of supporting fire fighting vehicles. 3. Fuel Modification Requirements: The applicant shall prepare fuel modification plans for the site in accordance with the County of Los Angeles Fire Department's Fuel Modification Plan Guidelines and RCFPD Ordinance 39, Appendix II-A. For the fuel medication plan requirements, refer to the following web site: http //www lacofd ora/forestrv%5Ffolder/pdf/fmpo gdf a. The preliminary fuel medication plans shall: ~. Show all property lines, contour lines and locations of proposed buildings or structures. ii. Show the 100-foot defensible space for slopes less than 15%, for steeper slopes and larger defensible space may be requued (Per RCFPD Ordinance 39, Appendix II-A) around the structure. iii. Show each fuel modification zone (setback, irrigation method, thinning and interface thinning). iv. Show existing vegetation impacted by the required fuel modification and • proposed vegetation to be planted in the fuel modification area, if any. The preliminary plans should be sensitive to rare, threatened or endangered species and the applicant must be prepared to address their disposition in the final plans. v. Include photographs of the area that show the type of vegetation currently existing, including the height, density and relationship to grade. vi. Describe the mechanical or manual methods that will be used for the removal of the vegetation to comply with the fuel modification plans. vn. Describe on the plans the existing structures, natural vegetation, roads, parks and/or green space 600-feet beyond the site or development property line in all directions. State on the plans who wtll have ultimate responsibility for maintenance of the fuel modification zones. The applicant shall obtain Fire District approval of a final fuel modification/hazard reduction plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to the structures. b. The final fuel modification plans shall: i. Clearly indicate each fuel modification zone (setback, irrigation method, thinning and interface thinning) Also indicate locations of permanent zone identification markers. • ii. Include irrigation plans and specifications 5 ~J'~~O iii. Include the landscape plan. The landscape plan must identify the location and type of supplemental plantings The plans and specifications shall include both the common and botanical names of new and existing plants within the fuel modification area Clearly indicate on the plans the disposition of impacted existing vegetation and identifying those proposed for retention All groundcover, shrub, plants and trees are required to be fire-resistive in accordance with three (3) published references for fire safe vegetation. Refer to the following web site http•//www.ucfpl cuop edu/FMI-Zone.XlV pages 168 to 177 htm. iv. Indicate any special or specific landscape maintenance intended for the site such as pruning, "limbing up", mowing, etc. v. Descnbe the mechanical or manual methods that will be used for the removal of the vegetation to comply with the fuel modification plans. vi. Describe the existing structures, natural vegetation, roads, parks and/or green space 600-feet beyond the site or development property line in all directions. vii. Note the names, addresses and phone numbers of the responsible parties for the maintenance of the fuel modification zones. wu. Include on the title sheet the conditions of approval, CC&R's and/or any deed instructions related to the site or final fuel modification area. Include a copy of the approved preliminary fuel modification plans with this submittal. ix. Provide a copy of the proposed fuel modification maintenance documents to be recorded. The maintenance agreements must be perpetual in the event of • property transfer and/or a change in Board of Directors for the Homeowner's Association. x. Indicate that the developer wdl implement the required measures of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire Distract, before the introduction of any combustible materials into the -protect. Fire Construction Services must be summoned for an on-site inspection and approval prior to the issuance of the building permit. 4. In-fill single-family dwelling projects located in the Hazardous Fire Area: A simplified landscaping/fuel modification plan may be acceptable. The plan shall detail the defensible space. Provide a minimum 100-feet defensible space for slopes less than 15% and a larger defensible space may be required for slopes of 15% or more. The proposed and/or existing vegetation must be shown. FR-1 construction requirements must be met. The architect must implement FR-1 Area construction requirements into the design of the home. 5. Mobile, stationary or portable power-operated equipment in the Hazardous Fire Area shall not be used without the Fire Safety Division's written approval. Specific fire protection measures that may be required to mitigate the hazard include, but are not limited to: a A stand-by water tender, egwpped with a pump, fire hose and nozzle. b. Pre-wetting of the site to avoid the production of sparks between blades or tracks and rocks. 6 ~lJ -~f 1 c. Conducting a fire watch for a minimum of one-hour following the cessation of operations each day. • d For welding, cutting or grinding work, clear away all combustible material from the z area around such operation for a minimum distance of 10-feet. A "hot-work" permit must be obtained from Fire Construction Services prior to cutting, welding or grinding work. e. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one five (5) gallon backpack water pump-type fire extinguisher fully egwpped and ready for use at the immediate area during the operation. FSC-8 Chronological summary of RCFPD Hazardous Fire Area requirements Prior to the issuance of a rough grading permit, the applicant shall obtain the Fire Distract approval of a preliminary fuel modification/hazard reduction plan and program. The plan(s) shall be prepared by an individual or firm qualified and experienced in wildfire hazard mitigation planning. Prior to the issuance of a building permit, the developer shall have submitted and obtain approval of a final fuel modification plan. Further, the builder shall have completed that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire Distract before the introduction of any combustible materials into the protect area. Approval is subject to an on-site inspection. Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel • modification/hazard reduction plan requirements shall be installed, inspected and accepted by the Fire District staff. Schedule the inspection with Fue Construction Services at 909-477-2713. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. Chronoloqical Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire Distract Standards. Approval of the on-site (private) fire underground and water plans is regwred prior to any belding permit issuance for any structure on the site. Private on-site combination domestic and fue supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Belding & Safety Division and Fire Construction Services will perform plan checks and inspections. ~~ 0 2. All private on-site fire hydrants shall be installed; flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the . installation, witness hydrant flushing and grant a clearance before lumber is dropped. 9. Public Water Supply (Domestic/Fire) Systems• The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fue District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the protect. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 4. Fuel Modification Plans: Please refer to RCFPD Summary of Fire Hazardous Area requirements. 5. Construction Access: The access roads must be paved m accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6° above the finished surface of the road. 6. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 7. Easements and Reciprocal Agreements. All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER , The building construction must be substantially completed in accordance with Fue Construction Services' °Temporary Power Release Checklist and Procedures°. PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers'. On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, m the presence of Fue Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire Ime contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fue Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow m accordance with the California Fire Code. 3. Fire Sprinkler System. Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fue Construction Services. 4. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular . gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fue Construction Services. 8 ~-~ I 5. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 6. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identities who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 7. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch non-combustible numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When bwlding setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 8. Fuel Modification: Please refer to RCFPD Summary of Fire Hazardous Area requirements. 9 /l N S .~ THE OTHER WEB SITE IS WWW, X103 9 COM OWNED BY THE RADIO STATION AS YOU CAN SEE, THERE IS A NETWORK FOR THESE TYPES OF BARS, WITH TWO OF THEM IN RANCHO CUCAMONGA WHAT THESE BARS PROMOTE IS A PARTY ATMOSPHERE WHERE BEER AND LIQUOR ARE CHEAP FOR $10 00 TO $20 00, THEY WILL PLY THESE YOUNG ADULTS WITH CHEAP BOOZE THEN CUT THEM LOOSE INTO THE STREETS OF OUR CITY 1 HAVE PERSONALLY HAVE SEE THE RESULTS OF THEIR DRUNK PATRONS LEAVING THEIR PARKING LOT AND PLAYING BUMPER CARS (SIDE SWIPING PARKED CARS) AS THEY TRAVEL NORTH ON RAMONA AVE DURING THE FEBRUARY 2 COUNCIL MEETING MARK DAVIDSON BOASTED ABOUT $1 7 MILLION DOLLARS IN GROSS INCOME FROM HIS BAR, WITH OVER $200,000 00 IN TAXES PAID TO THE CITY IN BUSINESS TAXES $] 7 MILLION IN CHEEP BOOZE, IS THAT SOMETHING TO BE PROUD OFD MY OPINION OF THIS BUSINESS IS THAT IT IS A SLEAZE BUSINESS WITH NO, VALUE TO THE COMMUNITY OTHER THAN TAXES TO THE CITIES GENERAL FUND IS THIS TYPE OF BUSINESS THAT RANCHO CUCAMONGA WANTS IN THEIR CITY I DO NOT THINK SO THE PLANNING COMMISSION MAY FIND MARGARITA BEACH IN COMPLIANCE OF ALL THEIR PERMITS REQUIREMENTS HOWEVER, THERE IS ONE QUESTION THIS PANEL MUST DECIDE IS THIS BUSINESS COMPATIBLE WITH SURROUNDING RESIDENCE ON MARCH 9, THE PLANNING COMMISSION WILL HEAR MY NEIGHBORS TELL THEIR INDIVIDUAL STORIES OF HOW THIS BUSINESS HAS AFFECTED THEIR LIVES THIS COMMISSION WILL HAVE TO DECIDE, IS MAINTAINING A HIGH QUALITY OF LIFE A PRIORITY OF CITY OFFICIALS PLEASE DO WHAT IS RIGHT FOR US ., IE Party IEparly is the place to bey With 3 bars to choose from there is a party happening every night of the week Our three bars consist of Margarita Beach (Rancho Cucamonga), Margarita Beach (San Bernardino) and Godfather's (Chino) For directions or phone numbers to any of the bars, please click on the directions link above or CLICK HERE. Both Margarita Beach bars offer a laid back ambiance with fantastic drink specials and your favorite top 40 music and videos If you like the nightclub scene, Godfather's is the right choice for you Come check out the latest m Hip Hop, Dance, Retro & Old Skool Page 1 of 1 J I ~ J . IE Party MARGARITA BEACH LOWERS PRICE OF DRAFT BEERS ON SUNDAY AND THURSDAY~!~ Join us every Sunday night at Margarita Beach for S>I>N> (Service Industry Night) EnJoy 25~ Draft Beers from 8-10 PM Also, if you work m the Service Industry you wdl receive $2 U-Call-It drinks with proof of employment Thursday nights we now have 25Q Draft Beers (down from 50~) from 8-lOPM If you are a female, you wdl also receive (5) $2 U-Call-It drink bx~ Page 1 of 1 http.//www ieparty com/web/about_us asp 1 /27/2005 IE Party Join us every Thursday night at Margarita Beach for our infamous Backyard BBQ and Beer Bashi EnJoy 50¢ Domestic Drafts from 8-lOPM along with free tacos and hot dogs We also have $2 00 Gold Tequila shots ail rnght longs Hosted by 96 7 KCAL Rocks with free t-shirts, CD's, hats and mores For more info call (909) 945-1644 Page 1 of 1 ' .' IE Party • '~ 4:.. y -- ~ ~ ,\ ~n ~f ;~ ,~ „:'. ,',~ ~°~ .I I RF. ! 17 ~' _, ~,, ~ f~ .,_. ' ~ ~ 7 _~ .: ~ ~,~ , =,s a. .,r ~. ~ ,..,,k-- _,- ~ . ,,-~ a:: ate- ,.fir w.,..,;.,,,.,...,.. -,.,~.;A,._~_.,.--..~..«..,~ , ~,.~~~~~~;, These are our current promotions for Marganta Beach and Godfather's They will be updated as new flyers are produced Please wait for them to load as they are large files L`. ~ ~ ~R11 '.~~ http //www ieparty com/web/calendar/events_calendar asp 1 /27/2005 ., IE Party ~.~: ~~~~ ,- ~~ ~~T httn //www ienartv com/weh/calenriar/events ralanrlar acre Page 2 of 3 ~, ,~, ~ SERIJICE.1~`+.iQi.~ST~~ NIGHT' ~ ~, U-CALL-IT ~~.w~;4~:' .,;,:r.;:.Y.~. , • IE Party r ~ ~"1 .:.: ~, a ~~~ ,~ ;~ : ~ , _, . ~; -, i~Rt'tlHB ikY'i~p JiID ~ ~,#~~SV.~IifN 11Y~JY1 !k?R ~1#'i~'lE 1&1tJiifY1~S'W°~# tiSJ1T iltt~'PJ~%t~`Y.CCs~JI .A ~ fl • A 7 t .f t ~~ $t Page 3 of 3 ~ _ _ ~ ~ M ~~~~Q~r, ~~ ~~~ "'~'.t t~ ~` a .,' ~ ~ - -n •'~„- n ~ ~- fi ~ ; ~..~,;~. ~ ~~ "' Y:.~ .,, a« 'fir ~. t i~RK 4~ tB~fK~11Y;~ 1~ TUy Ttii ~UiT! ~i-F fdp ,iNtt AtiJRt#xt 1tl5tY VS rte' ~ ; s .a '~ ,~V~RY SUNC7AY h1JGN~ - _ FGR: E'.'E~(G~1'E iL,JGOM *v . :. iF vO;.r rr [y Ff: rv THC_'f:RVJGL! ~NDJ 57 Rv:CtrK': ;.` - FF$T.llJAAN T, N07$L:ETC.?. YOU Wit. L: REG£-.N ;~~ ' <<,). 1~.4c: Et-C V1.-1T. Gf.•1NJ:S 71CKt=T~f Wf7 F{. 1 .-.P2O0F OJ=. Ff.A PLOYJytENTr~~ ~ f~ ~a-.-: ~, Ck,, SAN .`liil 11}41 f~~. '~(}I..111~ II-11 i.~ 1,{yL i-E Fl t--~ ~ `. lit 7#t[t'1l~f'ii~IT"~ ...{. i http //www ieparty com/web/calendar/events_calendar.asp 1/27/2005 X 1 0 3 9 -The Inland Empire's Alternative Rock Page 1 of 1 ~..~,~-~ ~ ~ ~Iie#:~ 3r ll,t,'' t 1.r~i:~C,K~,}~1r- r~ ~~{, _~ ~~ ~, . if it's a party an the E E ,we're there and if vde're #here you're there' Coma hang out s^ritn (?n-Air Wersonahties and the X1039 L_87 XT RFMf- 1 f=A(tr1 at any one of o~rr club nights V`Jelcome to the partyr - MARGARITA BEACW Double X-rated Fnday nrghts tivrtl-r X 303-9 Jain Steve Inman rn San Bernardrnc~ at Margarita Beach (909) 89Q- 9993 ~ Join Broady rn Rancho Cucamonga at Margarita Beach {909) 945- -. ~ 1644 21 and over only i~o cover charges, because cover charges sucks ~2 Sex on the beach shots ali night long Give-aways from STFU Clothing and X 1039 Far mare rnfio check out www ieparty com ` ` Snapshots Club Pics Page 1 of 1 -. w~~. -~ . z ~,__! ~; ~S s r: , a~.:~l h ~:.er~.~»5ri~si~a- :s *~ii.l_.zT'e:= z' ~la~b l~t~~ i sub-aiburns and no images in this a#bum GallerJ Snapshots ru http //www x1039 com/gallery/Club-Pecs 1 /27/2005 Aibum ~5Q4 Brkrnr Tuesdays @ Twins Changed 12123/G4 i'.ontains 11 dems Aibum Wild Wednesdays @ Coconuts {:hanged 11 x29/04 Contains 8 items Aibum BYO B Thursdays @ Margarita Beach Changed t 2x20/04 i~:Untdai5 1 Ite!"1 Aibum XX Fridays @ Margarita Beach Changed 01106105 Con#arns 2 sterns Album Saturdays @ The Flush Bar Changed 01ti0r05 C.ontams 7 i#ems Snapshots BYOB Thursdays ~ Margarita Beach mbeachl Page 1 of 1 t,t+„ ~~.,n,,,,, ~,i non ,,,...., i,..,ii,..~.~..,L-----~-, ~ _, , `-` 'Snapshots • XX Fridays ~ Margarita Beach mbeach2 http //www x1039.com/gallery/album04/mbeach2 Page 1 of 1 1 /26/2005 (~ ° > Snapshots . XX Fridays (cry, Margarita Beach mbeachl Page 1 of 1 ~ ~ ~ ~r~b u1~ 's-~r'~4 -s ~F ~.i t, R k F+4 ri ~~ ., K ~ F ~'l" ``~ Ii l' Y~~ > r ~ ....- n~ ~ , ~;\ i~ '~a f,~ '-~ , '. ~ l s•^ 12 4 s ~a~f r ~j a. .aR? f ~ i ~„ ~~~ i~ ' 5 s ~ ` >~~~~ r 11} ~z `t i s'~ ~f a~'ry~~, ~~"~y d,.. ans+~ .s> ' ~ la , ~r . ..q s _ ~ i .r. k. ~ ~ ~h ~ ^ } ~ 1. ~ ~, ~~~~ ~~ ~~ ~ ~~ C ~ ~ o ~ 4' /-~•~-•~/c~ 6 GC~c a ~ o ---~'~~~: ~Ai~G NO CUCAMONG Hi, my name is Victoria Sanchez ~'''~ ~ 1 2005` ~e,s O O I am 20 yrs old and have r~~at 9869 Estacia ct. Rancho =_~ ~ ~,,~~ ~ . °!_RNNING Cucamonga since 1984. Margaritaville has been our neighbor since 1996, when I was in sixth grade. If you do the math its been about 9yrs. It has been miserable. My life has been affected by the establishment so much that I have had to change room, and park my car off the street in fear of something happening to it. No one should ever have to deal with that. One of my first major encounters with Margaritaville was when they were putting on a super bowl promotion and there flyers that litter our neighborhood, my dad collected them and that was when he contacted the Mayer. I was about 14 yrs old another situation that forced me to move from the front facing bedroom to the back bedroom, was when a couple different weekend there would be people drinking outside my front yard and they would make so much noise that it would keep me up and peaking out the window to see what they were doing. I started working at the age of 16. I would normally get off work at 10. One night I had just walked in my house when I hear load bagging at my door. It was a Hispanic man and didn't recognize him, I opened the front door, we have a security door too. I saw the bouncer sanding on the sidewalk at the end of my drive way. The guy asked me why he could not park on this public street. He had told me that the bouncer had told him that my dad a city council member had the city tell magartitaville to not let any one going to the bar to park on the street... as you all know my dad is not a city council member. I explained to the man that the reason why the bouncer said that he could not park on the street was because of the . r . ~ j • nuisance of the bar... having people drinking in the yard and when last calla 2 pm the noise and the noise of drunk people leaving the bar. I asked him if he would like it if I parked in his front yard, drank, urinated, and left my trash in his yard. He said that he would not like that at all. He apologized for disturbing me that night and parked somewhere else. Just a month ago there was a blue dodge pick up truck parked in front of my house his tail gate was down and in front of my drive way. I had to park my car, put up their tailgate and then park my car I parked my car, and notice my dad truck was parked on the street I moved my moms car so that all three of our cars could fit in the drive way after all that I was considering calling the police until I saw movement in the truck. I approached the vehicle and knocked on the window two guys were hanging out drinking out of a bottle of Jose Cuervo. I told them to move there truck and drink somewhere else. They apologized and kept calling me maim During the summer our widows are opened, when the last call comes at 2pm the noise of people leaving the bar, girls screaming, guy/ girls fighting, cussing, and yelling wake everyone in our house up. And It sucks I have called the police numerous times. The last time we called two weeks ago, was for the vandalism of my fathers vehicle. When the bar patrons were leaving our neighborhood it reminds me of cockroach's running when you turn the lights on. Most of our neighbors where standing out side there houses. From the time, we called to the time the police came was 45minutes, there is something wrong with that but that will have to be discussed at another meeting. The officer stated that there were maybe five or 6 police for the whole entire city of what 130 thousand people. That doesn't make me sleep easy. ~, .. 1 • With a that I have told you I hope that this will bring you to decided to review the conditional use permit that magaritaville has. I am really tired of dealing with this. Please do some thing to help me and my neighbors 1 n ~-u~ ~_ ~~i~~~/dL: ~ ~ ~o ~ ~ S 7~"i4 C 10. Date February 28. ?005 T,oT~Plannm~~ Commission City of Rancho Cucamonga From Peggy Sanchez 9869 Estacia Ct Rancho Cucamonga. CA 91730 ' j~f ~i/~,Jf~,~~ RE Margarita Beach (formerly Margarita Ville) owned by Mark Davidson This letter is for the purpose of expressing my concerns about the affect of the bar now named Margarita Beach, formerly named Margarita Ville. on my neighborhood I have lived m my home for the last 20 years My husband. Edward. and I have one daughter, Victoria who has hued here since the age of one I am frustrated and tired of the bar patrons from Margarita Ville/ Beach disturbing the peace. drmkmg m their cars in front of our house. and leaving beer and liquor on our lawn and m the street since this has been a regular nuisance for at least the last seven years In December ?003, I had an alarm system installed because I no longer felt that our home vtias safe at night. especially for our daughter to come home late at night from work with strangers constantly parking and drmkmg m front of our house or our neighbor's houses Even though Mr Davidson always professes that he wants to fix these problems. his efforts to hire security has always been for a short time and merely to appease the mayor complainers, like my husband and daughter, so he can contimie to get back to his main goal of making more money The bottom line ~s that this type of business, a bar with mainly evening hours from 6 pm to tam, which attracts young people who want to drink and party by promoting cheap drinks and music from radio stations like XI03 9, does not belong m an area surrounded by residential housing The residents off Estacia Ct and Pasrto Ave, the residents at the condos off Ramona. the residents at the Pines Mobile Home Park on Foothill Blvd across the street and even residents off Ramona behind the shopping center are all affected by disturbances of the peace from these bar patrons Thus. I appeal to you to review the CUP the police reports filed. and the zoning to seriously consider the fact that this type of business does not belong m its current location I would recommend a move of this business to anon-residential area ie an industrial comple~c ~,t<_~ ~ 5' ~ ~--- C11Y CAF FtAr~~i~0 C,~~p+~ONGA Febn~ary 24, 2005 The City of Rancho Cucamonga 10500 Civ1c Center Drive Rancho Cucamonga, Ca 91730 ~~~ o ~ 200 Attn: City Planning Division Re: Margarita Beach - Conditional Use Pernut 88-45 Modification Entertainment Pemut 91-03 for To whom It may concern. I have hued in the city Rancho Cucamonga for 6 years now. I bought my home on a small, quiet cul de sac so my kids would have a safe place to live and play. Well that doesn't seem to be the case anymore For about the last three or four years the quiet mghts, weekend nights especially, have slowly dissipated. There is a mghtclub /bar at the corner of ow neighborhood, "Margarita Beach" formerly known as "Margantaville" The streets m our neighborhood (at night) have become the overflow parking lot for Margarita Beach. With the excessive cars, comes the excessive amount of traffic going to and from Marganta Beach The patrons park thee- cars in front of our houses, and walk When they return at 1 30 AM more often then not they are drunk The street at that point becomes the after hours party. During which I have experienced extreme noise, drunks unnahng and regurgitating on my lawn and in my planters, and I have been witness to them having sex in thee- cars in front of my house. There have been drunks driving rachcally, and stunt driving where they are doing "donuts" in the curve of my street. The most extreme experience I have had with Margantaville patrons was an attempted break in to my house by a man who was so drunk, he chd not know where he was After attempting to come through my front door and throwing up in my planter, this person went through my back gate and teed to enter my house through the sliding glass door. When he was unsuccessful there, he went through my back yard and hopped the fence that is dust under my son's bedroom window into an adjacent neighbors back yard. I have dogs, which happened to be in doors that night. I ask myself, and you, what could have and would have happened to that man had my dogs been outside when he entered my yard? I wonder, as should you. what kind of liability would I have been held accountable to had my dogs had their way with that man that night? Would the owner of Margaritaville, Mark Davidson, have bared the burden of that lawsuits As do most people, I own dogs for a reason. They are there to do a fob protecting thee- family, and I can assure you that night, they would have done their ~ ob The next morning, after filing a report with the pohce department I found out from the same neighbor that she had called the pohce the night before on the same man. The police drove him home and thanked lion for not driving drunk To this day, I have no knowledge of any charges being brought against this man for his actions I have given but a few examples of the hardships and poor quality of life we endure living so close to such an establishment On top of all this, the lack of police response to our calls for assistance doesn't help matters either We have had few reports filed for the many complaints called in and made on the abovementioned activities. Feeling alone and helpless our neighborhood has come together to speak out in more ways than one We have organized a "Neighborhood Watch" in which we have also had tittle support from the police department. Which is how we have come to the point we are at. We neighbors of Margantaville find ourselves pleading with you the city officials to enforce the laws. We beg of you to protect our families, and give us back our neighborhood This is not the "lifestyle" I had in mind for my family upon moving into this quiet city of Rancho Cucamonga Thank you in advance for any and all help you can provide to resolve this matter. If you have any questions or comment, please feel free to contact me v1a correspondence at my home address 8016 Pastor Ave., Rancho Cucamonga, CA 91730. Otherwise, I can be reached via my cell phone (909) 730-9425 Sincerely, Vicki Scunone ',;!"IY Uf= (-~,~1~~1(,~-i0 ~,~~i;An/10~JGA 02/28/05 Plapning Commission Regarding• Margarita Beach ',',-t 0 ! X00 ~' ~, ~ '' '' ". P1~lIN~ This letter m follow with my statement that I made to the city council is to state my concerned for our community. I have been a resident of Rancho Cucamonga since 1999 and over the years my concerns have grown, I have cars parked in front of my house, drinking, having sex, damaging property, and loitering When the morning comes I'm out there pick up trash, beer cans and even washing down the walkways because of urine or vomit I have eyed witnessed cars driving up and down or street screaming and yelling waking everyone up. The lasts incident my husband called the police, a white Ford Explorer sitting in front of our house being loud and partying woke up our two young daughters scared from the noise. As we sat at the front window waiting for the police to arrive about 1.40am, more and more people started coming up and down our street, then a white four door car stopped at our neighbors house got out of his car and started the spray paint on there trailer. My husband then opened the door and yelled at the person "what do you think your doing." I'm scared for my safety and the safety of my kids People out at 1 am or tam drinking, whose to tell what they are capable of doing This all stems from Margarita Beach, the over flow of cars, the people continuing to party after hours, is not exactable I would like to feel some security for my family and neighbors I think Margarita Beach needs to change locations, to a more industrial area. This business is disturbing to many lives. Thank you for your time and efforts on this matter Sic ely •, ,J ~~ ~ ~ c' M~rya~ lack l _ ;\` J TO; PLANNING DIVISION CITY OF RANCHO CUCAMONGA ~~:,~~ ,~ - ~" '~~~~»~~ ~ r, REFERENCE: REVIEW OF CONDITONAL USE PERMIT FOR MARGARITA BEACH NIGHTCLUB LOCATED AT 9950 FOOTHILL BLVD R.C . I HAVE RESIDED AT 9870 ESTACIA CT. IN RANCHO CUCAMONGA FOR OVER 20 YEARS NOW.AND FOR THE PAST 5 YEARS I HAVE BEEN TOLERATING THE ABUSE OF THE BUSINESS "MARGARITA BEACH" FORMALLY KNOWN AS MARGARITAVILLE. EVERY FRIDAY ,SATURDAY NIGHT BETWEEN THE HOURS OF l OPM AND 3AM OUR NEIGHBORHOOD IS INVADED BY THE PATRONS OF THIS FACILITY NOT ONLY ARE THE OVERWHELMING NUMBERS OF CARS PARKING ON OUR STREET A PROBLEM,BUT THE GROUPS OF PEOPLE THAT COME WITH THEM THE EMPTY BOTTLES OF BEER.WINE OR WHATEVER THEY DRINK ENDS UP ON MY PROPERTY AND THE OTHER HOMES IN OUR NEIGHBORHOOD.. ALONG WITH THE TRASH COMES THE URINATION AND PARTYING IN FRONT OF MY HOUSE. I HAVE CAUGHT SEVERAL MEN AND EVEN WOMEN DOING THERE DEED THEY USUALLY ARE ALARMED WHEN APPROACHED BUT COULD CARE LESS AND GO ABOUT THERE BUSINESS. DURING THE PAST 3 WEEKS THEY HAVE POSTED SECURITY GUARDS AT THE END OF OUR STREET .THIS HELPS A LITTLE BUT THEY ARE TOLD THEY CAN'T PARK THERE AFTER THEY HAVE PARKED AND WALKING TO THE NIGHTCLUB THEY USUALLY GET ANGERED AND I HAVE EVEN SEEN THEM VERBALLY ARGUING WITH THE GUARDS. THE POLICE CAN'T DO ANYTHING UNLESS THEY ARE CAUGHT IN THE ACT DOING SOMETHING AND WON'T STOP THEM FROM PARKING ON OUR STREET BECAUSE IT NOT ILLEGAL TO PARK THERE. PLEASE CONSIDER THE REVIEW OF THE OPERATING PERMIT FOR THIS ESTABLISHMENT. THIS BUSINESS DOES NOT BELONG IN OUR NEIGHBORHOOD AND WE HAVE BEEN ABUSED FOR TOO LONG THEY NEED TO BE MOVED TO AN INDUSTRIAL AREA OUT OF OUR FAMILY ORIENTATED STREET `'' ~-~-- ~~ ~7~' Cs ~~4-Lr ~- -~c.f-rv ~~ c,.a-~-o ~ L~ ~1 7~ 73~ ,~ ~ Jf fir` ~~, ~., _ .~ .~ _~~J~.r March 1, 2005 Jim Olson ~~ ' ~ ~'~~°` 9;3~~ Estacia Court Rancho Cucamonga, CA 91730 '' ~ ~ ~` To Rancho Cucamonga Planning Commission Re Condrt~onal Use Permit for Mark Davidson's Margantaville/Margartia Beach To Whom It May Concern I am a twenty year resident of the city of Rancho Cucamonga My wife and I purchased our home in 1985 and have lived at the same address for those twenty years In recent years, the quality of our lives has been severely affected by the presence of Margaritaville/Margarita Beach Promotions by regional radio stations, parties, and offers of cheap liquor and food have drawn an undesirable element to our quiet neighborhood We have had problems with bar customers using our streets for overflow parking once the lots are filled More importantly, we have been invaded with bar customers wanting to extend their drinking after the bar closes I have personally witnessed mdw~duals parked m front of my residence dnnkmg, vorruting, and unnatmg on both neighbors and my own property I have also witnessed indw~duals involved in sexual activity We have had car chases m and out of our cul-de-sac I have called the San Bernardino Sheriff s Department on several occasions because of these incidents Saturday and Sunday morntngs find our streets littered with human waste and litter Trash from local fast food establishments, liquor, and beer bottles are either on our properties or lie broken on the street These are not only health and safety issues but most importantly quality of life issues Businesses are guests of the city They are allowed to do business at the discretion of the city Businesses are granted permits to conduct their service for the benefit not detriment of the residents of the city Anytime that ~s violated, the business should have their perrnit revoked The city of Rancho Cucamonga's first and foremost concern should be for its c~t~zens not the businesses that serve the city I believe the city of Rancho Cucamonga needs to answer these questions Is this really the type of business we want to portray the image of our community Does the city have more concern for the business than its c~hzens~ We have had and continue to have a quality of hfe issue with the existence of Margantaville/Marganta Beach in our neighborhood It ~s Ume for the city officials to address this issue once and for all We do not need nor want tlus business in our neighborhood The simple solution would be to revoke the cond~t~onal use permit If the Planning Commission cannot nor will not revoke the permit, have Mr Davidson relocate his business In fact, I have a suggestion for a new location Find an empty space at the old K-Mart shopping center on Haven and Arrow You know the location It is right at the foot of Crty Hall Rancho Cucamonga ~s fast developing into an upscale community The recent opening of Victoria Gardens hrghhghts that trend As I stated at the February 2, 2005 city council meeting, "the city would not tolerate a business like Margar~taville/Marganta Beach in our new downtown I do not understand wliy you would tolerate it in our neighborhood " Respectfully, ~d~...__ Jim Olson t E', ii- ~ ~ G } , ' .~~~ r ~ ~ ' 371)t`" TO: Planning Commission Feb. 28, 2005 ,;';~~~;~~r; ,.I'live at 9999 FootHill Blvd. # sp. 160 directly across from Margarita Beach Bar. I have live here for ten years, in those ten years I have observed a helicopter stopped in the middle of FootHill Blvd. to pick-up a man who was stabbed at the bar to go to the hospital. then there was two different incidents, in each time a car came across FootHill Blvd. over the center divider crashed into the Pines block wall. Then there was this couple having sex next to the block wall between the cars on the cold pavement, I went out there and told them to go elsewhere to do that, they got up, crossed FootHill walked to the bar and walked in. And the music coming from the bar, and coming from the cars coming and going loud boom-boom sound. Loud voices coming from the bar from about 1:OOam to 2:OOam. loud car motors and their pipes (show-offs). Screeching their tires on take-off up and down the parking lot. Racing up and down FootHill Blvd. in front of the bar. Police come there all the time for people fighting. Then was a shooting too! I could see the police flashlights looking on the buildings around the bar for the bullets holes. Does there have to be a killing before something is done?. Emily LaQuay Ph. 909-481-7174 ,~ Mr & I`irs Phthp La Quay 9999 Foothill Blvd Spc 160 ~~I Rancho Cucamonga CA 91730.3658 ~ j °~~ ~~Cq~ E F }rr4 \ lr _ ~~~~~ ~~ : ~ (f~l CCh7~ ~~^vI ~ • / ,~. ~~ 4!^j ~ ~~'"~~-mot > J ~~ ~, _ / U~ .r--- ~'119N't-~ t~~a~rt'r' /~ ~ yl ~~~ ~` ~~ ~ _. %'`~ ~ `~ 1 ~~< - ,~ ~~ ~v~ ~~~.~ ~~ ~~r/. ~~~~ ~~~~- ~ ~ ec~# ~~ ~~ ~ ~~~ ~~~~ / ~ ~'~~ ~ G ~~%/'S..)~~~~,?~7(,~ ,1- CSC '~ f'S1 !~ ~C3/ ~ S( 1~/~ ~ Lam! v ~y I ~ _ , lrtc~c~ ~X i~cctl -~U ~, ~`~C~,t lad' L~~ ~j7-l ~ ~ ~ Gl~'r~ l _J ~r/ ~ , ~c9ct~f L.~ ~ G~O~~zC1 r ~~ ~u~ ~ G~t.~c<<y~ e~ t ~ ~.~ ~~ C~~ G~' C.~~ l tll~L~ ~~ __ .~l~,Z`Jc-L~~~t~il G'!~2'l~~' >~ ~ 2 iS C 1/~ ^ ys ~r % ~, 3~1 ./~ y^ ~1~~ (i ~'1 L~ ~~' i'~~1 -fit ~~i~f ~ ~/~C ~' ~z~l ~ i~tl ~~S 5~~~`'F'' r ~(~ ~ , f) !~~ 7~~ ~ r;~r /~~~ Cl J1l ~ ~~fi~ C~C,~' ,.5 ~C~ i'1C G~e~~~1~ 1 ~~ ~~/ / ;~ E ,~ r s -~ / ~i C ~ ~ ~_~__, /, ~.. ~ ~~`~ ~._ ~~ ~~~~ ~ ~~~ ~ c--~ ____--- Shane ~ Christina Cameron 8017 Pasito Avenue , , ;~,r(,~r- Rancho Cucamonga, CA 91730 ~ ~ `~` ~ ~ ' (909) 941-6999 ~-.~'1 ''' ~,;~;~;~;,~~.e ,,. ~~,~,~ ~ ,r ,; ~~~ ,~s . ~ The Planning Commission of the City of Rancho Cucamonga) ~ '~ ~~ 10500 Civic Center Drive { P O Box 807 Rancho Cucamonga, CA 91729 Dear Planning Commission, This letter is m response to the Margarita Beach review We are residents living perpendicular to Estacia We have lived here for 11 years and have witnessed many incidents on our block We have sat m our living room watching people in their cars drinking alcohol, smoking and changing their clothes m front of our house We then watch them throw their cigarettes m our streets and place their beer bottles on our curb for us to pick up Every weekend when we turn the corner of Estacia from Ramona we find broken beer bottles in our streets We are then left to clean the mess up ourselves These problems have occurred for over 9 years The only measure taken by Margarita Beach was to place a security guard at the Ramona Market to watch people This security guard has been seen {eaning against the wall at the Market talking with girls instead of doing his Job of monitoring the patrons walking across the street. We are m the process of adopting three children. I do not want my kids to be a wetness to this behavior, they have seen and been through enough The State workers visit our house often and we do not want to Jeopardize our chances of adoption These three kids deserve a fantastic life, they have seen enough drunken people, they do not need to witness anymore We are not interested in a gate and permits for our neighborhood Rex Gutierrez visited our home on February 26, 2005 and suggested a gate If we wanted a gated community we would of bought a house m one This ~s only a way to inconvenience us for something that should of never gone this far to begin with We suggest a sign is cemented m the ground stating residential parkang only We also suggest that Margarita Beach purchase a sign that folds over and is on both the North and South corners of Estacia stating NO MARGARITA BEACH PARKING Recently, we suggested to Mark Davidson at the City Council meeting we attended to employ more security guards and place them on the North and South corner of Estacia He did the weekend following the City Councel meeting if something is not done with Margarita Beach, this neighborhood will not be the neighborhood that living in Rancho Cucamonga stands for We moved to this community in 1978, there is a reason why we have not left There are not many commurnties left that you can leave your door unlocked or windows open without wondering who is going to come in your house This is still one of those communities, let's not lose that because of one bar The people that make up our wonderful city are what are most empprtant, it is who we are and where we live Sincerely, Shane and Christina Cameron • S • J~, s~~ ~~ , s i `~ ~~n~ ~-ern rn ` ~ `C1~'l~-f ,` E ~ ~ ~~~ ~~ ., ,~ f ~~~~~~ V a ~ ~r~' W u ~... ~~'S ~ ~ ~' ~~~ 1 ~~~ S ~ ~~ ~~ ~1~~12 ~~~ ~hs~J ~ ~ ~ ,~.~ Cs-~ . °~ ~~-~ ~o~ (gyp ~~ ~ rte.-~G~ i-t~ ~~-e-~~.~1n ~C~.~--~-~'c~ 1-~' ~c~m ~Q. ~ ~~~ ~ e ~~-~ ~ ~ g ~~-~ f 1 ~~ d n 0. ~-e.~-~-i crn-- W ~ ~1.~ ~ ~S Q v~ ~. bo.r (D~D.r~r~`~eae~,) cSl~e ~,.~0.b (~r~J~nc~ I~.~r- C1J~' ~h ~.~„ 1-~~ W ~o vr,~~,e~c~-oa c~.,-cl ~..z ~. t,~ G9A aar~ ~ e~ ~j cry ~.a._ .'¢~ wc.~e . ~I~~ ~ ~~s ~ ,.,f9a,~el c~ ~ ~~ee~- ~.~.e fi~ecgQ.P 1~,~n e9-h-e- W c n d ow ~J~n_e s ern ~-hz ~~hK~ae~ -th,t,t~ ~ondusns crn ~ $~- ~o~cl .Ct~mS ~-l~.c Wc'u.P • ~I~ C'c.QSb (,t.'w>uc~ C~.~un51!k.e ~~ ~v .~ c~ ~,o~ ~ cs5 ~ n be ca.~e l,ue .~na.ven ~,e~ ,~diei, lc.~ndl cl~ Prebierr~ ~l-c~, I~'1 Q ~n t~, ~-ea c~, w as ~e,~- over ~her~ . 1.1J~ ~icQ. nef ,~a~e Ccn~ ~Yobl~ins ~~l ~~~. r~Z ~~SL~ ~9~ ~~ 151.1 r ~l rnA, J 03C -~ // /I~ ./ ~~ r ~~~ ~. ,' /~ C 7~~ (.-~ ~i, ~~~~~~Ea ~~ ~ r e ,~~~ ~~~, ~~\ . i ^~~~~ t<~`~~~ e s~\~~~.J~~ ~; ~ _ ~-~ ~ t° ~`_4 fiY~~/~L~r.~~rrhrz~Z ~'"~i~rru~J~~/-'-' ~/'L~~?fJ~',~~ -~ ~ ~ ,/ ti ~ 1/ ~/`C~ c/~..O~7JJ`!~s r~~'2 ,//1- '.f~'L s/~r :-C'/'"''Y//,Q~~9, ~si~fi~G _~' i ~ Gf~7C~i ~~/, / ./ ./,~'yl~~?,y~ .fir / j./~~.'~Z!°.~ r,7~//~/~~E?~i _~!~~ if t~ ~~ ~ . ~~/ ~ `mss / /~ .~ ~~ ,,,L A ~- ,/ Q `~i~!~./? (', f~ K-;~/~ ~//~(J ~1~`i,~///~I `~:~~=/ c/~~~''~'~7~~f(i~ ~~~L~'K+'/ ~•1 .tea%ea/i cl'~G?'~( ~~`~~-C/_,I_% ~ C /i v ~~'_;~l~~i~ -`G ice/ =/..:1/'~K% ~ r .~~-c' / ,r/~ ~1f_' , ~r/~;c~i // / ~ /~~ ,~ ~.~ ~ ~~'' ~- ~/'~jyLC' ,iii.=~ ,a~~ ~,=„i~/ , ~',`"L-~;'~~ - .~~7~/ i/~', ~~, ~ ~ ~~ /' i, ~~ ,~„ /~/Z"~fi C~.:. ~~~ .~%`{/I.LCl E.L~/.~'t, ~'~ ~faFr~v7 ~~NG'&~ d .~(~!,/~rY~ ,'~. ll~. v,~~ k ,~ /^J~~~u/ .fit '~C~Q~.~. ~ h~~iN~/ .~ Gl ~-uJ ~~L : ~~~ .~~~~ cC C~Q1 ,~ '~P.1.C~.~ ~2~~/'N.,~ 2~ ,~~ ~~/~CQC~/~ r~ -CL~YK> ~~~.~'~ , \ Q/J~tt~ q~:~e°¢2'~/li j,'t:~/~L,D~ .~ .,~"Q~'ylL .ems y~~ c~~I ; ,n:'1~(/•~ ?~~ ~U .J /7~Z~C~ ~i2~°/~(CJ j, 7~ ///~~~~~1~~~~~ L[/~I~~ ~ ~~~~~~~vl.[1 ~1~~(i(.lN`r' ~C.~2~Z ;2~~ .. ,~~ j /'l~ ~~~ '~1'I,~~Y~Z~t .~ '~G~`"~/ ~C.~-ter ~~ cj ~, 9 / 7 3 n ~.~ -e ,~ ~i-~y pF RANCHO CUCAMONGA TO PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA FROM ED SANCHEZ 9869 ESTACIA CT RANCHO CUCAMONGA, CA 91730 DATE 02/27/05 ~iAR 012005 REC~i~~~r _ PLANNING Re QUALITY OF LIFE ISSUES RELATED TO THE OPERATION OF BAR NAMED MARGARITA BEACH (FORMERLY NAMED MARGARITA VILLE) A BAR WAS ESTABLISHED IN THE SHOPPING CENTER ON THE NORTH EAST CORNER AT FOOTHILL AND RAMONA THE ORIGINAL BAR WAS CALLED SKIPPERS SKIPPERS WAS A BAR RESTAURANT COMBO, THIS WAS A SMALL OPERATION THAT FIT INTO THE NEIGHBORHOOD IN OTHER WORDS NOT CREATING PROBLEMS IN THE SURROUNDING AREA EVENTUALLY SKIPPER SOLD HIS BUSINESS THE SAME TIME NOTICES WERE MAILED TO RESIDENTS WITHIN A CERTAIN DISTANCE STATING THAT A NEW BAR WOULD BE ESTABLISHED AT THE SAME LOCATION AT THE TIME OF RECEIVING MY NOTICE, [ASSUMED NEW OWNER, SAME TYPE OF OPERATION BOY WAS 1 WRONG WHAT WE GOT WAS MARGARITA VILLE THE WORST TYPE OF BAR OPERATION IN CLOSE PROXIMITY TO RESIDENTS THEY HOLD PROMOTIONS THAT FILL THEIR PARKING LOT WITH THE OVERFLOW OF THEIR PATRONS PARKING IN FRONT OF OUR HOMES NOT ONLY ARE THERE CARS AND PEOPLE BUT SOME OF THESE PEOPLE BRING ICE CHESTS SO RIGHT IN FRONT OF OUR HOMES THERE IS PUBLIC DRINKING, PUBLIC URINATION SEVERAL YEARS AGO 1 PLACED A CALL TO MAYOR ALEXANDER ABOUT MY CONCERNS, AND D[D GET A CALL BACK FROM CAPT RODNEY HOOPS UPON MY RELATING, THE CONDITION WE WERE LIVING UNDER CAPT HOOPS COORDINATED A MEETING WITH MARGARITA NIECE'S OWNER AND MANAGER, TWO OF MY NEIGHBORS AND ME THE MEETING HELD IN HIS OFFICE WITH LT NELSON IN ATTENDANCE AT THAT MEETING, 1 TOLD MARK DAVIDSON, MARGARITA VILLE OWNER, THAT WHEN HIS BUSINESS BECOMES MY BUSINESS WE HAVE A PROBLEM IN OTHER WORDS WHEN HIS BUSINESS OVER FLOWS INTO MY NEIGHBORHOOD WE HAVE A PROBLEM .. AT THIS MEETING, DAVIDSON DENIED HAVING ANY PROMOTIONS AT HIS FACILITY DURING THIS MEETING, DAVIDSON WAS TOLD THAT IF HIS BUSINESS COULD NOT BE CONFINED TO HIS PROPERTY IT WAS POSSIBLE A REVIEW COULD BE INITIATED OF HIS CONDITIONAL USE PERMIT HE WAS TOLD ABOUT A PROBLEM BAR CALLED THE BOARS HEAD WHICH WAS EVENTUALLY CLOSED BECAUSE OF THEIR CONDITIONAL USE PERMIT BEING REVOKED DAVIDSON AGREED TO POST A BOUNCER OUT AT THE END OF THE PARKING LOT THIS PERSONS RESPONSIBILITY WAS TO SEND ANY PATRON OF THEIRS, CROSSING THE STREET FROM OUR NEIGHBORHOOD, TO GO BACK AND RETRIEVE THEIR CARS AND PARK IN THEIR LOT HE AGREED TO ALSO HAVE HIS STAFF WALK THRU THE NEIGHBORHOOD AND PICK UP TRASH (BEER BOTTLES AND CANS) DAVIDSON HAS NEVER REALLY LIVED UP TO THIS AGREEMENT THINGS WOULD BE OK FOR A WHILE HOWEVER, HE WOULD HAVE ANOTHER PROMOTION AND WE WOULD HAVE PROBLEMS IN THE NEIGHBORHOOD AGAIN UPON THE PROMOTION OF CAPT HOOPS, I CALLED CAPT ORTIZ TO SET UP AN OTHER MEETING THIS MEETING WAS ATTENDED BY CAPT ORTIZ, MARGARITA VILLE OWNER MARK DAVIDSON, TWO INDIVIDUALS REPRESENTING THE MOBILE HOME PARK, IN ADDITION, SEVERAL REPRESENTING MY NEIGHBORHOOD FOR ME THE PURPOSE OF THIS MEETING WAS TO INFORM THE INCOMING CAPT OF THE CONCERNS OF INDIVIDUALS IN THE NEIGHBORHOOD, AND EMPHASIZED THE AGREEMENT PREVIOUSLY ESTABLISHED ON FRIDAY JANUARY l4, 2005 ANOTHER PROMOTION AT MARGARITA VILLE NO BOUNCER, PLENTY OF THEIR PATRONS/CARS IN MY NEIGHBORHOOD AT 2 OOAM JANUARY I5, I GET A PHONE CALL FROM MY NEIGHBOR UP THE STREET HE TELLS ME HE SAW SOMEONE SPRAYING GRAFFITI ON THE SIDE OF ONE OF MY VEHICLES I WAS ABLE TO REMOVE THE GRAFFITI THE FOLLOWING DAY WITH THE OVER FLOW OF MARGARITA VILLE PATRONS IN THE NEIGHBORHOOD, SOMETHMG LIKE THIS WAS BOUND TO HAPPEN THIS BUSINESS HAS ALWAYS BEEN A BAD NEIGHBOR THEIR ONLY CONCERN IS THEIR BUSINESS (PROFITS) THEY COULD CARE LESS ABOUT HOW THEIR BUSINESS AFFECTS THE QUALITY OF LIFE OF THEIR NEIGHBORS ENCLOSED ARE PACKETS OF MATERIAL DOWN LOADED OFF THE INTERNET THE FIRST WEB SITES IS WWW IEPARTY COM I CANNOT TELL YOU WHO THE OWNER OF THIS WEB SITE IS TAKE NOTE OF THE DRINK SPECIALS $2 00 U-CALL IT 25-CENT DRAFT BEERS BACKYARD BBQ 50-CENT DRAFTS $2 00 GOLD TEQUILA SHOTS SPONSORED BY RADIO STATION 96 7 KCAL THE OTHER WEB SITE IS WWW, X103 9 COM OWNED BY THE RADIO STATION AS YOU CAN SEE, THERE IS A NETWORK FOR THESE TYPES OF BARS, WITH TWO OF THEM IN RANCHO CUCAMONGA WHAT THESE BARS PROMOTE 1S A PARTY ATMOSPHERE WHERE BEER AND LIQUOR ARE CHEAP FOR $10 00 TO $20 00, THEY WILL PLY THESE YOUNG ADULTS WITH CHEAP BOOZE THEN CUT THEM LOOSE INTO THE STREETS OF OUR CITY 1 HAVE PERSONALLY HAVE SEE THE RESULTS OF THEIR DRUNK PATRONS LEAVING THEIR PARKING LOT AND PLAYING BUMPER CARS (SIDE SWIPING PARKED CARS) AS THEY TRAVEL NORTH ON RAMONA AVE DURING THE FEBRUARY 2 COUNCIL MEETING MARK DAVIDSON BOASTED ABOUT $1 7 MILLION DOLLARS IN GROSS INCOME FROM HIS BAR, WITH OVER $200,000 00 IN TAXES PAID TO THE CITY IN BUSINESS TAXES $] 7 MILLION IN CHEEP BOOZE, IS THAT SOMETHMG TO BE PROUD OFD MY OPINION OF THIS BUSINESS IS THAT IT IS A SLEAZE BUSINESS WITH NO, VALUE TO THE COMMUNITY OTHER THAN TAXES TO THE CITES GENERAL FUND IS THIS TYPE OF BUSINESS THAT RANCHO CUCAMONGA WANTS IN THEIR CITY I DO NOT THINK SO THE PLANNING COMMISSION MAY FIND MARGARITA BEACH IN COMPLIANCE OF ALL THEIR PERMITS REQUIREMENTS HOWEVER, THERE IS ONE QUESTION THIS PANEL MUST DECIDE 1S THIS BUSINESS COMPATIBLE WITH SURROUNDING RESIDENCE ON MARCH 9, THE PLANNING COMMISSION WILL HEAR MY NEIGHBORS TELL THEIR INDIVIDUAL STORIES OF HOW THIS BUSINESS HAS AFFECTED THEIR LIVES THIS COMMISSION WILL HAVE TO DECIDE, IS MAINTAINING A HIGH QUALITY OF L[FE A PRIORITY OF CITY OFFICIALS PLEASE DO WHAT IS RIGHT FOR US IE Party IEparty is the place to bey With 3 bars to choose from there is a party happening every night of the week Our three bars consist of Margarrra Beach (Rancho Cucamonga), Margarita Beach (San Bernardino) and Godfather's (Chino) For directions or phone numbers to any of the bars, please click on the directions Imk above or CLICK HERE. Both Margarita Beach bars offer a laid bade ambiance with fantasbc dank specials and your favorite top 40 music and videos If you like the nightclub scene, Godfather's is the right choice for you Come check out the latest m Hip Hop, Dance, Retro & Old Skooi Page 1 of 1 J IE Party MARGARITA BEACH LOWERS PRICE OF DRAFT BEERS ON SUNDAY AND THURSDAY!~~ loin us every Sunday rnght at Margarita Beach for S>I>N> (Service Industry Night) Enloy 25¢ Draft Beers from 8-10 PM Also, if you work m the Service Industry you wdl receive $2 U-Call-It drinks with proof of employment Thursday nights we now have 25¢ Draft Beers (down from 50¢) from 8-lOPM If you are a female, you will also receive (5) $2 U-Call-It drink Ux~ http.//www Ieparly coin/web/about us asp Page 1 of 1 1 /27/2005 IE Party Join us every Thursday night at Margarita Beach for our infamous Backyard BBQ and Beer Bashi EnJoy 50¢ Domestic Drafts from 8-lOPM along with free tacos and hot dogs We also have $2 00 Gold Tegwla shots all night longs Hosted by 96 7 KCAL Rocks with free t-shirts, CD's, hats and mores For more info call (909) 945-1644 ~..~_ u-------. ~___--~-- ----~-- -,_ ~~_ Page 1 of 1 ` : IE Party Page 1 of 3 V http //www ieparty com/web/calendar/events_calendar asp 1/27/2005 These are our current promotions for Margarita Beach and Godfather's They will be updated as new flyers are produced Please wait for them to load as they are large files IE Party httn //un~nu iPnart~- rnm/~uPh/ralanrlarla~-P„t~ n~lo.,.a.,r ~..,-. Page 2 of 3 ' . IE Party J ~~~` ~. ~, ~ -, ~ ~ ~ r 1 +rW ~/ YMY ~ ~ ~ . ~6 „Y~~ .r ~ ,• ~- G. fi ~ ~ r 1 ~~8.. ti '~ .~ b ; ~ f +e~ ''*yyg,, •y 4 .~rPS~•~ Pik ~ ",v J1 iROR lAOitt bftlAtj]~:f~ Y1ttf i~ ~T Mi~WYLi~AIttKCti!!Y! I~~~~YMIY •~ ~ ~ • • D f ~ Y r} ~t Page 3 of 3 ~ ~ MY - Y~~ - I / 5 ~C `~~~ w, °aRM' } t ~ ''' ~.£-' ~A aid" k « • k ildQ NWRf ~Ui~iJtYi~T iif Jet' ... ~'f~w~w+~ ~~ 11• ~Y i ~ ~ ~ f °l4t70F1T,.~U~ - L~lll `1 x'Yr ii"irY=CY'~s - [~f~t_tt r~[~i oifl Ci "7 f ~,. ~y _ s .j it7rT~, PLH`JI..I ~. T_ ~, http.//www ieparty com/web/calendar/events_calendar.asp _CiRtl . w~ ~d 1 /27/2005 X 1 0 3 9 -The Inland Empire's Alternative Rock Page 1 of 1 v~, MARGARITA BEACH BYOB Thursday nryhts vrrth X 103-9 Jorn Steve Inman at Margarita Beach in Rancho Cucamonga (909) d 945-1644 `'" - Jorn Bobby Sato at Margarita Beach in San Bemardrno (909} 890- _ z 9993 21 and over only No cover charges, because cover charges suckr Bring Your Own Bee-atch and get S2 U-Cali-Its 50 cent drafts and free taco bar fill 1(3pm For more info check ou# www reparty coin ~ ~~- ~J~. MARGARITA BEACH Double X-rated Friday rnghts tivrth X 103-9 Jorn Steve Inman in San Bernardino at Margar-ta Beach (909) 890- 9993 Jorn Broady rn Rancho Cucamonga at Margarita Beach (909) 945- - '~a 1644 21 and over only No cover charges, because cover charges suckr $2 Sex on the beach shots atl night long Give-aways from STFU Clothing and X 1039 For more info check out vs+www reparty coin iT rrs a party rn the I t= ,we're there and rf we're there you're these' Come hang out with On Arr Personafrtres and the X1039 t_BZ XTRFMF l PAM at any one of our club nryhts Welcome to the partyr `- ~ Snapshots Club Pfcs Club Pies Page 1 of 1 5 sub-afburns and no images m this album Gallery Snapshots 4 Album Wrfd Wednesdays @ Coconuts {.hanged 11x29104 Contains 8 items http //www x1039 com/gallery/Club-Pecs 1/27/2005 Album X500 Brkim Tuesdays @ Twins Changed 12/23104 bntains 11 items Album XX Fridays @ Margarita Beach Changed 01106/05 Go;ttams 2;tems Album Saturdays @ The Plush Bar Changed 01110x05 Contains 7;tem5 Album BYO 6 Thursdays @ Margarita Beach Changed 12/2004 Lontacns ~ ;tem Snapshots BYOB Thursdays (a~ Margarita Beach mbeachl Page 1 of 1 httn•//www xl X39 cnm/~allPrv/alh„ml1~/,,,},aarh~ Snapshots XX Fridays (a~ Margarita Beach mbeach2 http://www.x 103 9. c om/gallery/album04/mbeach2 Page 1 of 1 1/26/2005 Snapshots . XX Fridays (cry, Margarita Beach mbeachl Page 1 of 1 \F_ x Y ~i ~ ~ S ' ~ t J f, ~, ~ ~~ ~Y i,f... /~~ .~ ~ ~ ~ ~ ~ ~~ "`_ i 1~ _~ / / \ ,-" iti ~ `t• ~ ~~ \ ~~ J ^\ ,1 . ~~ ~~"` 7` 1 /~ < r<"¢~`i ~ .. ~ ~ i _ ~ 11 '3-'I ~ !. '_ .. _ t ~ ~ ~~ w. ~ fad ~~ .. ` - .. >~ r r o - - _ ~ '!>~ p~: 'l _ Y )3 [ i i .. tt . P w p, w ~ ~ ~,:: 0 ~ `S 8~ .. ~. p { , z J~ 4, Kj r f i. ~- ~ ~. 5 ~`t~ ~ rr 1~ - '. it -,~'. ~ - g -~< - .. -. t ~ r~ '.~ =Si ,~ ,~~ ~ ' ~ F s _ ~ ~ ` i Fa t~.'^ ~ ' ~q II ~~~~~ dl sa' ' ` .~ ,~: ,~ _. .. - ..ty r~ ~ _ i ~ ., > _ ~ ~~.; l l ~ ~ ~ ~ -. F _ c .. :n rs ., :~ ~ ,~ .. ` ~ ~" ~' it 1 - C ~~ o f 0' ~~'i/~J a ~-C~C_ c cc ~ o "-i~ ~. 0 G U CAMON ., Hi, my name is Victoria Sanchez ~•~~ ~ 12005 I am 20 yrs old and have ryes ~ a 9869 Estacia ct. Rancha ~°~-~ ~~<< °--- _ ~~ RNNING Cucamonga since 1984. Margaritaville has been our neighbor since 1996, when I was in sixth grade. If you do the math its been about 9yrs. It has been miserable. My life has been affected by the establishment so much that I have had to change room, and park my car off the street in fear of something happening to it. No one should ever have to deal with that. One of my first major encounters with Margaritaville was when they were putting on a super bowl promotion and there flyers that litter our neighborhood, my dad collected them and that was when he contacted the Mayer. I was about 14 yrs old another situation that forced me to move from the front facing bedroom to the back bedroom, was when a couple different weekend there would be people drinking outside my front yard and they would make so much noise that it would keep me up and peaking out the window to see what they were doing. I started working at the age of 16. I would normally get off work at 10. One night I had just walked in my house when I hear load bagging at my door. It was a Hispanic man and didn't recognize him, I opened the front door, we have a security door too. I saw the bouncer sanding on the sidewalk at the end of my drive way. The guy asked me why he could not park on this public street. He had told me that the bouncer had told him that my dad a city council member had the city tell magartitaville to not let any one going to the bar to park on the street... as you all know my dad is not a city council member. I explained to the man that the reason why the bouncer said that he could not park on the street was because of the ~ ~ J ' + ~ nuisance of the bar... having people drinking in the yard and when last calla 2 pm the noise and the noise of drunk people leaving the bar. I asked him if he would like it if I parked in his front yard, drank, urinated, and left my trash in his yard. He said that he would not like that at all. He apologized for disturbing me that night and parked somewhere else. Just a month ago there was a blue dodge pick up truck parked in front of my house his tail gate was down and in front of my drive way. I had to park my car, put up their tailgate and then park my car I parked my car, and notice my dad truck was parked on the street I moved my moms car so that all three of our cars could fit in the drive way after all that I was considering calling the police until I saw movement in the truck. I approached the vehicle and knocked on the window two guys were hanging out drinking out of a bottle of Jose Cuervo. I told them to move there truck and drink somewhere else. They apologized and kept calling me maim During the summer our widows are opened, when the last call comes at 2pm the noise of people leaving the bar, girls screaming, guy/ girls fighting, cussing, and yelling wake everyone in our house up. And It sucks I have called the police numerous times. The last time we called two weeks ago, was for the vandalism of my fathers vehicle. When the bar patrons were leaving our neighborhood it reminds me of cockroach's running when you turn the lights on. Most of our neighbors where standing out side there houses. From the time, we called to the time the police came was 45minutes, there is something wrong with that but that will have to be discussed at another meeting. The officer stated that there were maybe five or 6 police for the whole entire city of what 130 thousand people. That doesn't make me sleep easy. - . 1 • With a that I have told you I hope that this will bring you to decided to review the conditional use permit that magaritaville has. I am really tired of dealing with this. Please do some thing to help me and my neighbors have a better quality o~f life. ~_ ' - ~~ j2~~: ~f ~ Co % ~ s -fig- c. e a. Cry ~~~~~ Date February 28. ?005 T,oi~Plannmg Commission City of Rancho Cucamonga From Peggy Sanchez 9869 Estacia Ct Rancho Cucamonga. CA 91730 ~~ ~ ~ ~G~~ f v` ,s ~„~f~,~r~ RE Margarita Beach (formerl} Margarrta Ville) owned by Mark Davidson This letter is for the purpose of expressing my concerns about the affect of the bar now named Margarita Beach. formerly named Margarita Ville, on my neighborhood I have lived in my home for the last 20 years My husband. Edward. and I have one daughter, Victoria who has lived here since the aye of one I am frustrated and tired of the bar patrons from Margarita Ville/ Beach disturbing the peace, drinking m their cars m front of our house. and leaving beer and liquor on our lawn and in the street since this has been a regular nuisance for at least the last see en years In December ?003, I had an alarm system installed because I no longer felt that our home was safe at night. especially for our daughter to come home late at night from work with strangers constantly parking and drml:mg in front of our house or our neighbor's houses Even though Mr Davidson always professes that he wants to fix these problems, his efforts to hire security has always been for a short time and merely to appease the mayor complainers, like my husband and daughter. so he can continue to get back to his main goal of making more money The bottom line ~s that this type of business. a bar with mainly evening hours from 6 pm to tam. which attracts young people mho want to dank and party by promoting cheap drinks and music from radio stations like X103 9, does not belong m an area surrounded by residential housing The residents off Estac~a Ct and Pasrto Ave. the residents at the condos off Ramona, the residents at the Pines Mobile Home Park on Foothill Blvd across the street and even i es~dents off Ramona behind the shopping center are all affected by disturbances of the peace from these bar patrons Thus, I appeal to you to review the CUP the police reports tiled. and the zoning to seriously consider the fact that this type of business does not belon~~ in its current location I would recommend a move of this business to anon-residential area ie an industrial complex ~S ~~ vim- ~~i~ z~ __ ~.17Y©FRA-~GHG c;tlCAiViGNGA Febniary 24, 2005 The City of Rancho Cucamonga 10500 Civic Center Drive. Rancho Cucamonga, Ca 91730 ~fAR 0 1 200 ~~~~~~r°~ _ ~E A~iNf~fG Attn: City Planning Division Re: Marganta. Beach - Conditional Use Permit 88-45 Modification Entertainment Permit 91-03 for To whom It may concern: I have lived in the city Rancho Cucamonga for 6 years now. I bought my home on a small, quiet cut de sac so my kids would have a safe place to live and play. Well that doesn't seem to be the case anymore. For about the last three or four years the quiet mghts, weekend nights especially, have slowly dissipated. There is a nightclub /bar at the corner of our neighborhood, "Marganta Beach" formerly known as "Margaritaville". The streets m our neighborhood (at night) have become the overIlow parking lot for Margarita Beach With the excessive cars, comes the excessive amount of traffic going to and from Margarita Beach. The patrons park then cars in front of our houses, and walk. When they return at 1:30 AM more often then not they are drunk The street at that point becomes the after hours party. During which I have experienced extreme noise, drunks urinating and regurgitating on my lawn and in my planters, and I have been witness to them having sex in thee- cars in front of my house There have been drunks driving radically, and stunt driving where they are doing "donuts" in the curve of my street The most extreme experience I have had with Margaritaville patrons was an attempted break in to my house by a man who was so drunk; he did not know where he was After attempring to come through my front door and throwing up in my planter, this person went through my back gate and tried to enter my house through the sliding glass door When he was unsuccessful there, he went through my back yard and hopped the fence that is dust under my son's bedroom window into an adjacent neighbors back yard I have dogs, which happened to be in doors that night I ask myself, and you, what could have and would have happened to that man had my dogs been outside when he entered my yard? I wonder, as should you.. what kind of liability would I have been held accountable to had my dogs had their way with that man that mght~ Would the owner of Margaritaville, Mark Davidson, have bared the burden of that lawsuit? As do most people, I own dogs for a reason. They are there to do a job...protecting their family, and I can assure you that night; they would have done their~ob. The next morning, after filing a report with the police department I found out from the same neighbor that she had called the police the night before on the same man The police drove him home and thanked him for not driving drunk. To this day, I have no knowledge of any charges being brought against this man for his actions. I have given but a few examples of the hardships and poor quality of life we endure living so close to such an establishment On top of all this, the lack of police response to our calls for assistance doesn't help matters either. We have had few reports filed for the many complaints called in and made on the abovementioned activities. Feeling alone and helpless our neighborhood has come together to speak out in more ways than one. We have organized a "Neighborhood Watch" in which we have also had little support from the police department. Which is how we have come to the point we are at. We neighbors of Margaritaville find ourselves pleading with you the city officials to enforce the laws We beg of you to protect our families, and give us back our neighborhood. This is not the "lifestyle" I had in mind for my family upon moving into this quiet city of Rancho Cucamonga Thank you in advance for any and all help you can provide to resolve this matter. If you have any questions or comment, please feel free to contact me via correspondence at my home address 8016 Pastor Ave., Rancho Cucamonga, CA 91730. Otherwise, I can be reached via my cell phone (909) 730-9425. Sincerely, Vicki Scinone ,~ ~~~ ~)i «,~~~~~,~1~~ ~/~~l/i~11~I1~1~1Ga o2i2sios Planing Commission Regarding: Margarita Beach r;,-, ~ -„ ,, ~ ~t~IIP~C~ This letter in follow with my statement that I made to the city council is to state my concerned for our community I have been a resident of Rancho Cucamonga since 1999 and over the years my concerns have grown, I have cars parked in front of my house, drinking, having sex, damaging property, and loitering When the morning comes I'm out there pick up trash, beer cans and even washing down the walkways because of unne or vomit. I have eyed v~ntnessed cars driving up and down or street screaming and yelling waking everyone up. The lasts incident my husband called the police, a white Ford Explorer sitting in front of our house being loud and partying woke up our two young daughters scared from the noise. As we sat at the front window waiting for the police to amve about 1 40am, more and more people started coming up and down our street, then a white four door car stopped at our neighbors house got out of his car and started the spray paint on there trailer. My husband then opened the door and yelled at the person "what do you think your doing." I'm scared for my safety and the safety of my kids People out at 1 am or tam drinking, whose to tell what they are capable of doing This all stems from Margarita Beach, the over flow of cars, the people continuing to party after hours, is not exactable I would like to feel some security for my family and neighbors I think Margarita Beach needs to change locations, to a more industrial area. This business is disturbing to many lives. Thank you for your time and efforts on this matter Sic ely ~ ~ ~ ~ ., ~ M~-ya~ lack l _ ~ .J ~-~ '- ,~, TO; PLANNING DIVISION ~~n~~~~~, CITY OF RANCHO CUCAMONGA -~ ~_ I, REFERENCE: REVIEW OF CONDITONAL USE PERMIT FOR MARGARITA BEACH NIGHTCLUB LOCATED AT 9950 FOOTHILL BLVD R.C I HAVE RESIDED AT 9870 ESTACIA CT. IN RANCHO CUCAMONGA FOR OVER 20 YEARS NOW.AND FOR THE PAST 5 YEARS I HAVE BEEN TOLERATING THE ABUSE OF THE BUSINESS "MARGARITA BEACH" FORMALLY KNOWN AS MARGARITAVILLE. EVERY FRIDAY ,SATURDAY NIGHT BETWEEN THE HOURS OF I OPM AND 3AM OUR NEIGHBORHOOD IS INVADED BY THE PATRONS OF THIS FACILITY .NOT ONLY ARE THE OVERWHELMING NUMBERS OF CARS PARKING ON OUR STREET A PROBLEM,BUT THE GROUPS OF PEOPLE THAT COME WITH THEM. THE EMPTY BOTTLES OF BEERWINE OR WHATEVER THEY DRINK ENDS UP ON MY PROPERTY AND THE OTHER HOMES IN OUR NEIGHBORHOOD ALONG WITH THE TRASH COMES THE URINATION AND PARTYING IN FRONT OF MY HOUSE. I HAVE CAUGHT SEVERAL MEN AND EVEN WOMEN DOING THERE DEED. THEY USUALLY ARE ALARMED WHEN APPROACHED BUT COULD CARE LESS AND GO ABOUT THERE BUSINESS. DURING THE PAST 3 WEEKS THEY HAVE POSTED SECURITY GUARDS AT THE END OF OUR STREET .THIS HELPS A LITTLE BUT THEY ARE TOLD THEY CAN'T PARK THERE AFTER THEY HAVE PARKED AND WALKING TO THE NIGHTCLUB. THEY USUALLY GET ANGERED AND I HAVE EVEN SEEN THEM VERBALLY ARGUING WITH THE GUARDS. THE POLICE CAN'T DO ANYTHING UNLESS THEY ARE CAUGHT IN THE ACT DOING SOMETHING AND WON'T STOP THEM FROM PARKING ON OUR STREET BECAUSE IT NOT ILLEGAL TO PARK THERE. PLEASE CONSIDER THE REVIEW OF THE OPERATING PERMIT FOR THIS ESTABLISHMENT. THIS BUSINESS DOES NOT BELONG IN OUR NEIGHBORHOOD AND WE HAVE BEEN ABUSED FOR TOO LONG. THEY NEED TO BE MOVED TO AN INDUSTRIAL AREA OUT OF OUR FAMILY ORIENTATED STREET. -%' ~.- C/ . ~~~ -~;,~{_ J' March 1, 2005 -r,r~ Jim Olson i' ~ - "~"~`~ 9$6~ Estacia Court Rancho Cucamonga, CA 91730 To Rancho Cucamonga Plamm~g Commission Re Conditional Use Permit for Mark Davidson's Margantaville/Margartia Beach To Whom It May Concern I am a twenty year resident of the city of Rancho Cucamonga My wife and I purchased our home in 1985 and have lived at the same address for those twenty years In recent years, the quality of our lives has been severely affected by the presence of Margantaville/Marganta Beach Promotions by regional radio stations, parties, and offers of cheap liquor and food have drawn an undesirable element to our quiet neighborhood We have had problems with bar customers using our streets for overflow parking once the lots are filled More importantly, we have been invaded with bar customers wanting to extend their drinking after the bar closes I have personally witnessed individuals parked in front of my residence drinking, vorruting, and urinating on both neighbors and my own property I have also witnessed individuals involved in sexual activity We have had car chases in and out of our cul-de-sac I have called the San Bernardino Sheriff s Department on several occasions because of these incidents Saturday and Sunday mornings find our streets littered with human waste and later Trash from local fast food establishments, liquor, and beer bottles are either on our properties or lie broken on the street These are not only health and safety issues but most importantly quality of life issues Businesses are guests of the city They are allowed to do business at the discretion of the city Businesses are granted permits to conduct their service for the benefit not detriment of the residents of the city Anytime that is violated, the business should have their permit revoked The city of Rancho Cucamonga's first and foremost concern should be for its citizens not the businesses that serve the city I believe the city of Rancho Cucamonga needs to answer these questions Is this really the type of business we want to portray the image of our community Does the city have more concern for the business than its citizens We have had and continue to have a quality of life issue with the existence of Margarrtaville/Ntargarita Beach in our neighborhood It is time for the city officals to address this issue once and for all We do not need nor want this business in our neighborhood The simple solution would be to revoke the conditional use pennrt If the Planning Commission cannot nor will not revoke the permit, have Mr Davidson relocate his business In fact, I have a suggestion for a new location Find an empty space at the old K-Mart shopping center on Haven and Arrow You know the location It is right at the foot of City Hall Rancho Cucamonga is fast developing into an upscale community The recent opening of Victoria Gardens highlights that trend As I stated at the February 2, 2005 city council meeting, "the cty would not tolerate a business like Margaritaville/I`Iarganta Beach in our new downtown I do not understand why you would tolerate it in ow neighborhood ' Respectfully, ~~--- Jim Olson Date: February 28, 2005 Tb-`} City Planning Commission Crty of Rancho Cucamonga, CA From: Mr. Sam Moussavi Mrs Sarah M Moussavi Residents of 8032 Pasito Avenue, Rancho Cucamonga. CA Subject Marganta Beach Night Club 9950 Foothill Blvd. Rancho Cucamonga, CA r ~ ~ ~~~~ This letter will serve to voice our concerns regarding Margarita Beach Night Club (MB) We have been residents of 8032 Pasito Avenue since 1982. Our home is located three blocks away from MB We have lived happily and peacefully with our neighbors and neighboring businesses for over 20 years We wish to make you aware that MB has become a very problematic establishment in our neighborhood. We unite our voices to those of our neighbors m submitting a complaint against MB People that frequent that establishment have left all sorts of trash, including empty and half-empty beer and wine bottles, on our street m front of our house There was honking, shouting, loud music and loud, disorderly voices m the late hours of the night and the first hours of the morning on our street. They also parked on our street and on streets adjacent to ours, making it impossible for us or our guests to park in front of our house Having such inconsiderate, disorderly people come to disturb our peaceful neighborhood is more than a nuisance. Their presence in an inebriated state becomes a danger to our property and to our personal safety. MB for many months did not take appropriate measures to eliminate the problems that their establishment caused Recently MB hired a guard to watch our streets, but we believe that after the heat of the complaints against them has dwindled, the problems will reoccur. We respectfully ask that you deny Margarita Beach the right to continue doing business in our neighborhood Sincerely, Sam Moussavi 8032 Pasito Avenue Sarah Moussavi Rancho Cucamonga, CA 91730 (909) 980-6468, Cell (909) 227-7014 ' ~'`il; f f;r,w TO: Planning Commission Feb. 28, 2005 , ~ , ~ ~~; r; ,.I'live at 9999 FootHill Blvd. # sp. 160 directly across from Margarita Beach Bar. I have Irve here for ten years, in those ten years I have observed a helicopter stopped in the middle of FootHill Blvd. to pick-up a man who was stabbed at the bar to go to the hospital. then there was two different incidents, in each time a car came across FootHill Blvd. over the center divider crashed into the Pines block wall. Then there was this couple having sex next to the block wall be>nn-een the cars on the cold pavement, I went out there and told them to go elsewhere to do that, they got up, crossed FootHill walked to the bar and walked in. And the music coming from the bar, and coming from the cars coming and going loud boom-boom sound. Loud voices coming from the bar from about 1:OOam to 2:OOam. loud car motors and their pipes (show-offs). Screeching their tires on take-off up and down the parking lot. Racing up and down FootHill Blvd. in front of the bar. Police come there all the time for people fighting. Then was a shooting too! I could see the police flashlights looking on the buildings around the bar for the bullets holes. Does there have to be a killing before something is done?. Emily LaQuay Ph. 909-481-7174 Mr & hlrs Philip La Qua}' ~ 9999 Foothill Blvd Spc 160 Rancho Cucamonga CA 91730.3658~j L X11 ~~ ~ ut ~ ~" .~ . s~~ a ~~ Q~ ~ih ~~ ~ti ~~~~~a~ ,s~ ~ "~ 7 ,/I1 y-~ '~ A ~~ ~-'f ' ya.,,~bt~1~~ ~I f!1 ~tc7 ~L~?7a~1 Sb~i, c~ ~~r+-z.~1 ~ ~ S 1 L-. a a~~~ ~~ ~ ~ ~ Leh (~~ a. ~ ,~~ ~~ ~~ .~ ~ , a ~' ~~ og ~s ~a ~''~ ~ ~ a ~.~c ~ ~~~~,t. sus f Qu1 ~1 ~n~Ssa~X~ l a v~! ~~ .s~ ,~ ,5~ j ~, ~'~ ~~ to 1-~ ~ 1~ ~ vt {~~ ~ ~v110~ l/11'1,/~ -~~~ nr~ is a ~.,~ ~s~ ~- ~~ ~,,,~ , ~ Jai 1Q~ ,l - -~°~ 1 ~ ~~ ~ ~-Ya ~ a~ J ~/ N~ `JjyjjV%V~ ~/ t ~/ ~~ ~D~~~,,~ ~~ r i lrC7Y ~ C 99~~ i ~-~ 1~ ~~ a~.~ ~~ ~~~~~~~ ~~ -tom, ~ ~ ~J-/ //{ ~~~~ ~ ~~~:~ ~~ ..~-- /'vC,~'ll ~~~1`~~~ Shane & Christina Cameron 8017 Pasito Avenue ~~ ~~.,; Rancho Cucamonga, CA 91730 a ~ ' -' (909) 941-6999 , ~'1 ' `r The Planning Commission of the City of Rancho Cucamonga) 10500 Civic Center Drive P O Box 807 Rancho Cucamonga, CA 91729 Dear Planning Commission, This letter is in response to the Margarita Beach review We are residents living perpendicular to Estac~a We have lived here for 11 years and have witnessed many incidents on our block We have sat in our living room watching people in their cars dunking alcohol, smoking and changing their clothes an front of our house We then watch them throw their cigarettes m our streets and place their beer bottles on our curb for us to pick up Every weekend when we turn the corner of Estacia from Ramona we find broken beer bottles m our streets. We are then left to clean the mess up ourselves These problems have occurred for over 9 years The only measure taken by Margarita Beach was to place a security guard at the Ramona Market to watch people This secuuty guard has been seen leaning against the wall at the Market talking with girls instead of doing his Job of monitoring the patrons walking across the street. We are m the process of adopting three children. I do not want my kids to be a witness to this behavior, they have seen and been through enough The State workers visit our house often and we do not want to Jeopardize our chances of adoption These three kids deserve a fantastic life, they have seen enough drunken people, they do not need to witness anymore We are not interested m a gate and permits for our neighborhood Rex Gutierrez visited our home on February 26, 2005 and suggested a gate If we wanted a gated community we would of bought a house in one This is only a way to inconvenience us for something that should of never gone this far to begin with We suggest a sign is cemented in the ground stating residential parking only We also suggest that Marganta Beach purchase a sign that folds over and is on both the North and South corners of Estacia stating NO MARGARITA BEACH PARKING Recently, we suggested to Mark Davidson at the City Council meeting we attended to employ more security guards and place them on the North and South corner of Estacia. He did the weekend following the City Council meeting If something is not done with Marganta Beach, this neighborhood will not be the neighborhood that living in Rancho Cucamonga stands for We moved to this community in 1978, there is a reason why we have not left There are not many communities left that you can leave your door unlocked or windows open without wondering who is going to come m your house This is still one of those communities, let's not lose that because of one bar The people that make up our wonderful city are what are most important, it ~s who we are and where we live Sincerely, Shane and Christina Cameron • ~='d ,)r ~~ ~ ~~rnrn ~ ~ ~ ~ ~~~~~~~L ~~ l -~_-, ~^n ~~i.. ~~~st~. ~~ g c~ ~~ ~ ~~~ ~ ~~,~ ~~ ~~~~ ~ " ~ ~ 5~ 5 ~lo~~ ~ ~~~~ ~~ ~~L ~~d ~~~ .~~-~P , ~ ~- g ~.~ ~ ~~--~ ~.~ ~5~ ~\ ~: • ~ ~k~vC~l-~~ ~-4~,5 1. 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UU,3r,~ ,,~r,Z I~~/t/ly rA- j L~'C;~Q/J.lL ~ ~ h~!f/N~ .~~ fit."-tcJ ~'~'~CL~ty _ ~~t~ ,~ ~~99 ~ /~/~L'u/ ,,,/ /~,~,~1. .L~*~ .~l~i ~3'l~~a~-tom .~L~ca~ru~ ~~'L~ ~~~/y2~ ~~~~~~ ~ i~~~ ~ ~ ~ ~ ~~~~~/ ~i3 9 Mr Mayor, my name is Robb Evans. Home owner in Rancho Cucamonga since 1989. Everytime I have contacted your office I got things done so Kudo's to you and your staff. When I was worried about the "Head shops" in our area. I noticed that they vanished in no time. Now I have yet another concern. It seems that the planning commission is reviewing the 94-01 conditional use permit of Ramona Market. Here's my Z cents. They have been in our community for almost 20 years. I have been a customer since 1989. It is important to me that any/every business puts customer service first, They have call me and a hundred other customers by our first name IMPORTANT. As far as the neighborhood in which I jog and walk my dog. The impact that Ramona has made is positive. Margarita Beach / Ville does draw a crowd that is mot j ust locals. It's a rowdy group. (I know from first hand ezperience). Now Ramona did not have to hire 6 security gaurd~ because of any activity they are or were involved in, Margarita did !!! Furthermore lets really put blame where blame is clue. We got some nasty neighbors overthere. Parties every weekend drugs and Vandalism. Just send a car around once In awhile and you will see it's a few bad apples NOT our local businesses who seem to be targeted. ,,r.,: y~~ V +~F R„NCHO CUCAM~ ~n~ oazoo~ I Planning Commission Meeting of ~ ~ / v RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding Thank you. NAME 2 3 4 5 6 7 8 (Jti~-- 9 ~ ~~~- 10 11 ~ 12 13 ~ 14 ~ ~ ~ ~~ _ 15 ~-~j ~t~,,,c`~c 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 ADDRESS CITY ITEM Y`~, C ° ? a ~ ~~ ~~~ 2~ ~8e~ ~~~ ~ ~ ~-~ ~~ C 35. f US~iu ~ f ~-tiw dZ-.