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HomeMy WebLinkAbout2008/12/10 - Agenda Packet THE CITY OF RANCHO CUCAMONGA _ PLANNING COMMISSION AGENDA cUCAAMONGA DECEMBER 10, 2008 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California II ~ . ". ~ . ~ ~ . I. ,_, . CAIL~TO, ORDER.- ~. - ~..... ~: VIII L J Roll Call Chairman Fletcher Vice Chairman Munoz Stewart- Howdyshell = Wimberly TT ~. II= ~ IIL : APPROVALTOFMINUTES ~ ':' - : VIII November 12, 2008 Regular Meeting Minutes II , ~ IV.:_x.{ P,uBLiC`HEAI2I1vGS ; ~::< .:~~ The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18466 -ALBERT A. WEBB ASSOCIATES (for ANTHONY VERNOLA) - A proposal to subdivide a property of 9.56 acres into 43 lots for the purposes of residential development in the Low Medium (LM) Residential District, Etiwanda Specific Plan (South Overlay and Etiwanda Avenue Overlay) located at the southeast corner of Etiwanda and Miller Avenues; APN: 1100-131-01. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • 1 of 4 - PLANNING COMMISSION AGENDA DECEMBER 10, 2008 RANCHO CllCAMONGA B. CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) - An appeal of a Planning Director decision to deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue. C. A 90 -DAY REVIEW OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38. D. A 90-DAY REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38. '`' 'aµ 4n V. - _''=DIRECTOR,'S REPORTS ~, ;r"' `' ~' ~~. . ~ VI. ;~='PUBLIC'COlvilviENTS ~ ~ _ , -' ,_:-, ;;: This is 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. ~ CONIMISSION~BUSI'NESS~COMD~NTS..~ .'~_' - • • 2 of 4 • • _ PLANNING COMMISSION AGENDA DECEMBER 10, 2008 RANCHO CUCA.uoNCA - - ' VIII:. ADJOURNMENT '~ - ~_ The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on December 4, 2008, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. r-cl If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours priorto the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item noton the agenda, you may do so under "Public Comments" There is opportunity to speak under this section prior to the end of the agenda. 3of4 - PLANNING COMMISSION AGENDA DECEMBER 10, 2008 RANCHO CUCAMONGA Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,039 for maps and $2,141 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci. rancho-cucamonoa.ca.us • u 4 of 4 Vicinity Map ~ Planning Commission December 10, 2008 r 9 a n u • Q ~ Meeting Location: N City Hall 10500 Civic Center Drive STAFF REPORT ~ , Pf.ANNINGDII'ARTMIIVT Date: December 10, 2008 ~ RANCHO To: Chairman arid Members of the Planning Commission CUCAMONGA From: James R. Troyer, AICP, Planning Director By: Mike Smith, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18466 -ALBERT A. WEBB ASSOCIATES (for ANTHONY VERNOLA) - A proposal to subdivide a property of 9.56 acres into 43 lots for the purposes of residential development in the Low-Medium (LM) Residential District, Etiwanda Specific~Plan (South Overlay and Etiwanda Avenue Overlay), located at the southeast comer of Etiwanda and Miller Avenues - APN: 1100-131-01. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION A. Surroundina Land Use and Zoning: North -Single-family residences; Low-Medium Residential District (4-8 dwelling units per acre) • South -Single-family residences; Low-Medium Residential District (4-8 dwelling units per acre) East -Elementary School; Low-Medium Residential District (4-8 dwelling units per acre) West -Multi-family Apartments; Medium Residential District (4-8 dwelling units per acre) Note: All properties are in the Etiwanda Specific Plan (South Overlay). Also, portidns of the above noted properties within about 200 feet of Etiwanda Avenue are in the Etiwanda Avenue Overlay. B. General Plan Designations: Project Site -Residential, Low-Medium (4-8 dwelling units per acre) North -Residential; Low-Medium (4-8 dwelling units per acre) South - Residential; Low-Medium (4-8 dwelling units per acre) East -Residential; Low-Medium (4-8 dwelling units per acre) West -Residential; Medium (8-14 dwelling units per acre) C. Site Characteristics: The project site is a square parcel of about 660 feet (north-to-south) by about 660 feet (east-to-west) with an approximate area of about 417,300 square feet (9.6 acres), located at the southeast corner of Etiwanda and Miller Avenues (Exhibits B and C). The site is vacant and formerly was a vineyard. Other vegetation on-site includes short grasses and shrubs. To the north and south are single-family residences, to the east is Perdew Elementary School, and across the street is an apartment complex. The zoning of the property and all surrounding properties to the east, north, and south is Low-Medium (LM) Residential District and the property to the west is zoned Medium (M) Residential District. All properties, including the subject property, are within the Etiwanda Specific Plan (South Overlay) and portions of said properties within about 200 feet of Etiwanda Avenue are within the Etiwanda Avenue Overlay. The subject property is generally level • with an elevation at the north and south sides of about 1,245 feet and 1,233 feet, respectively. PLANNING COMMISSION STAFF REPORT SUBTT18466 -ALBERT A. W EBB ASSOCIATES December 10, 2008 Page 2 • ANALYSIS: A. General: The applicant proposes to subdivide the property into 43 lots for single-family residential development. The applicant does not intend to construct homes at this time (Exhibit D). Each lot will comply with the development standards set forth in the Etiwanda Specific Plan (South Overlay), including lot area (minimum of 6,000 square feet with a minimum average of 5,000 square feet), depth (90 feet), and width (50 feet with 50 percent of the total lots required to be 55 feet) (Exhibit H). With the exception of the lots as described below, the proposed tract is typical in its design. The project site is subject to various restrictions because of its location relative to Etiwanda Avenue and the Interstate 15 Freeway. Per the Etiwanda Specific Plan, Lots 20, 21, 37, and 38 are subject to the special standards of the Etiwanda Avenue Overlay, including an increased setback along the street (30 feet from the property line as opposed to 15 feet), and a requirement that the "front" of future homes on these lots must be oriented towards Etiwanda Avenue. As a result, these lots are larger with an average area of about 14,140 square feet, or about twice the average area (7,418 square feet) of all the lots. The Interstate 15 Freeway is aligned diagonally across the northwest corner of the site. The segment of freeway at this location is elevated above grade and overpasses the intersection of the streets. There are no sound walls at the top of the freeway embankment or on the overpass to mitigate freeway noise. To address this, Lots 37 through 43 will be larger (at about 10,370 square • feet average). Each of these lots will have a side yard area that is large enough to accommodate a typical "protected" outdoor, private space of about 20 feet wide by 65 feet deep. The size of the house footprint on Lots 37 through 43 are correspondingly reduced; the footprints as proposed will equate to a lot coverage of about 27 percent (average) in a Development District where the maximum allowed is 50 percent. Of special significance is Lot 38. This lot is immediately adjacent to the intersection of Etiwanda and Miller Avenues, and the Interstate 15 Freeway overpass. The Design Review Committee requested changes (described below) to this lot to address noise impacts, including increasing its size so that it is larger than the other lots at 19,403 square feet. Also, to ensure that a future home is as far away as possible from the street intersection and freeway, the location of the potential house footprint is at the northeast portion of the lot as opposed to being in the center. As subdividing Lot 38 would undermine the purpose of these changes, a deed restriction to prevent this has been incorporated into the conditions of approval. B. Neighborhood Meeting: A neighborhood meeting was conducted to gather input and comments from the owners of the surrounding properties within 660 feet of the project site. This meeting was held at Perdew Elementary School on July 15, 2008. One person from the surrounding community attended. He did not have any specific objections to the project; however, he was concerned about current traffic-related problems in the vicinity (speeding vehicles and traffic volume) and the need for public improvements (such as a traffic signal at the intersection of Miller and East Avenues) that he wanted addressed. Planning staff directed him to the appropriate City departments for additional information for discussion and solution. C. Grading and Technical Review Committees: The Grading Review Committee (Addington and • James) reviewed the application on August 19, 2008. The Committee accepted the application and recommended approval. Their conditions have been incorporated into the Resolution of Approval. A - a-- PLANNING COMMISSION STAFF REPORT SUBTT18466 -ALBERT A. WEBB ASSOCIATES December 10, 2008 • Page 3 D. Design Review Committees: The Design Review Committee (Munoz, Stewart, and Nicholson) reviewed the application on August 19, 2008 (Exhibit F). The Committee generally accepted the subdivision as proposed, noting that the overall design was typical. However, the applicant was directed to modify the northwest corner (specifically Lot 38) of the proposed subdivision by adjusting lot sizes, re-arranging the lots, or eliminating the lot. These changes were required to address the Committee's concern regarding the suitability of a residential structure located in close proximity to the Interstate 15 Freeway overpass where usual noise mitigation measures are limited because of Caltrans' policy regarding noise walls along the freeway right-of-way and limits on wall height along Etiwanda Avenue as established in the Etiwanda Specific Plan. The applicant had proposed providing at each affected lot a "protected" outdoor area that would be buffered from freeway noise by the bulk of the house. The Committee deemed this solution to be inadequate as the precise design/architecture and layout of the homes is not known. The applicant returned with a revised proposal for review on October 14, 2008, (Exhibit G) to address the Committee's comments. Revisions included enlarging Lot 38 (essentially Lots 38 and 39 of the previous layout were combined), a corresponding increase in the area of the "protected" outdoor, private space, and the relocation of the potential house footprint on Lot 38 to the previous location of the house footprint on Lot 39. The lot areas for Lots 21 and 37 were also increased by about 1,200 square feet to 13,305 and 14,479 square feet, respectively. The Committee was satisfied with this revision and recommend approval. Their conditions have been incorporated into the Resolution of Approval. • E., Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental , effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to biological resources, hydrology and water quality, noise, and air quality, there would be no substantial evidence that the,project,would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a publio hearing in the Inland Vallev Dailv Bulletin newspaper, the property was. posted; and notices were mailed to all property owners within a 660-foot radius of the project site. No commehts have been received. RECOMMENDATION: Staff recommends approval of Tentative Tract Map SUBTi18466 by adoption of the attached Resolution of Approval with Conditions and issuance of a Mitigated Negative Declaration of environmental impacts. ' Respectfully submitted, R. Jam R. Troyer, AICP • Planning Director JRT:MS\ma ~-3 PLANNING COMMISSION STAFF REPORT SUBTT18466 - ALBERT A. W EBB ASSOCIATES December 10, 2008 Page 4 Attachments: Exhibit A - Location Map Exhibit B - Aerial Photo Exhibit C - Site Utilization Map Exhibit D - Site Planlfentative Tract Map SUBTT18466 Exhibit E - Grading Plan and Sections Exhibit F - Design Review Committee Action Comments dated August 19, 2008 Exhibit G - Design Review Committee Action Comments dated October 14, 2008 Exhibit H - Etiwanda Specific Plan Figure 5-2 Basic Development Standards Exhibit I - Initial Study Parts I and II Draft Resolution of Approval for Tentative Tract Map SUBTPM18466 • • • ,A - y ""~ --_'-__ p6 { ` ~ ~ ~ ri " ~ ' 5 slNni pws IYEXIUEAIXN= pl I r" Y res oleen DAY.;e. '. CINIX ~I~.:~~vlr 'rna irt w m I m_._..- .._,~,. ~ ,/. ~) ~-.~• suMMR. i ~ . y- p rrwp I ~ ~ ' , , ew ~ ~ nb 8uw LBgNYMN ST rT a ~ , IN)ERM IATE ~e rwu- f x B ` n e i I]JW _ t_ ~~ RYN ~ ~] [ [® W y ~N ~. w ~ i r O )11 x ~ ~ p x ~ ~` e c G wtt '~^ I 1t ~ i ~ ~ ~ pN pr MFA ~ t :ML ~. 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'tJ F Q X 1 i ~ a I i- .s8 C ~-~v l s 33 R ` i ~ ry y~} I ~ ~ ~'~ ~ ,}I gg 9 ~ 4 ~ ~~~~ r4 ~~ B s ' a~u~ °s ~ ~. ~_ ~© ~~ ' ~ - 91 I °'~ ~ '~ ~ ~~ ~ ~ ~ " ~ ~j ~~ ~1 ~~ ;. -______ i IL1-~_ IN~ ~ i _ `-~____=_ i i ~ • ~ i ~szew.eaew ! 3 EXHIBIT E .'S o J ~~_f:10Y.8 ~ L5L9613d4Sg a~ ~ ~~ A-r~ 3 4 ~ '~~~ R ~§~ ~ p c •g t I ~B qi ~t ~ ~ F~, ~~ ! ~~~I~~4 ~ ~~~ ~~ :I~a i ~ ~ ., E ~£ ~ 8 ~ ~ I' 1 I QY - I le ap ~~ ~~ i 4 R k 6f \~ ~~ I - V Y t ~ ~ } ~ a !! n ~ i § j f E! I~ chi ~ I f!!!p~p I I ~ ~ I! I ~ I ~ p ~ ~ ~ I U-, q E! <9 S~~ ~6 I ~! ! ~ oe a ~~~ u ~ a L__~ ~~ ~~ ~ ~~ ~ f ~~ ~' °A ~~ i • ,~ - ~ c~ DESIGN REVIEW COMMENTS • 8:10 p.m. Mike Smith August 19, 2008 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18466 -ALBERT A. WEBB ASSOCIATES (for ANTHONY VERNOLA) - A proposal to subdivide a property of 9.56 acres into 44 lots for the purpose of residential development in the Low-Medium (LM) Residential District within the Etiwanda Specific Plan (South Overlay and Etiwanda Avenue Overlay), located at the southeast corner of Etiwanda and Miller Avenues - APN: 1100-131-01. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Desion Parameters: The project site is a square parcel of about 660 feet (north to south) by 660 feet (east to west) with an area of about 417,300 square feet (9.6 acres), located at the southeast corner of Etiwanda and Miller Avenues. The site is vacant and appears to have been a vineyard. Other vegetation on-site includes short grasses and shrubs. To the north and south are single-family residences, to the east is Perdew Elementary School, and across the street is an apartment complex. The zoning of the property and all surrounding properties to the east, north, and south is Low-Medium (LM) Residential District within the Etiwanda Specific Plan in the South Overlay; and the property to the west is zoned Medium (M) Residential District within the Etiwanda Specific Plan in the South Overlay. The subject property is generally level with an elevation at the north and south sides of about 1,245 feet and 1,233 feet, respectively. The applicant proposes to subdivide the property into 44 lots for single-family residential development; however, the applicant does not intend to construct the homes. Each lot will comply with the development standards set forth in the Etiwanda Specific Plan in the South Overlay, including lot area (minimum of 6,000 square feet with a minimum average of 5,000 square feet), depth (90 feet), and width (50 feet with 50 percent of the total lots required to be 55 feet). With the exception of the lots as described below, the proposed tract is typical in its design. The project site is subject to various restrictions because of its location relative to Etiwanda Avenue and the I-15 Freeway. As the west side of the site is located adjacent to Etiwanda Avenue, Lots.20, 21, 37, and 38 are subject to the special standards of the Etiwanda Avenue Overlay. As a result, these lots are larger with an average area of about 11,625 square feet in order to comply with the increased setback requirement along this street (30 feet from the property line as opposed to 15 feet) and the need to orient the "front" of future homes towards Etiwanda Avenue. The I-15 Freeway is aligned diagonally across the riorthwest corner of the site. The segment of freeway at this location is elevated above grade and overpasses the intersection of the streets. There are no sound walls at the top of the freeway embankment or on the overpass to mitigate freeway noise. To address this, Lots 37 through 44 will be larger (at about 8,900 square feet average). Each of these lots will have a side yard area that is large enough to accommodate a typical "protected" outdoor, private space of about 20 feet wide by 65 feet deep, with the exception of Lot 37 in which the "protected" side yard is half this size. The footprint of the houses on Lots 37 through 44 are correspondingly reduced; the footprints as proposed will equate to a lot coverage of about 27 percent (average) in a development district where the maximum allowed is 50 percent. Etiwanda Avenue is also a source of noise. As noted above, special aesthetic standards apply which preclude the option of sound walls along the street frontage. To address this, Lots 20, 21, and 38 will each have a side yard area large enough to accommodate a typical "protected" outdoor, private space of • about 20 feet wide by 65 feet deep. The footprints of the houses on these lots are correspondingly reduced; the footprints as proposed will equate to a lot coverage of about 24 percent (average). EXHIBIT F ~~-~~ DRC ACTION AGENDA SUBTT18466 -ALBERT A. W EBB ASSOCIATES August 19, 2008 Page 2 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. Increase the width of the "protected" outdoor, private space on Lot 37 from 10 feet to 20 feet. 2. The final map shall show the "protected" outdoor, private space for Lots 20, 21, and 37 through 44. The side yard setback for these lots, on the side of the lot where each private space is proposed, shall be 20 feet minimum. NOTE: Staff has already notified the applicant of the following comments/requirements in previous correspondence, and has provided such comments/requirements for the Committee's consideration, as follows: 1. Per Section 5.42.608 of the Etiwanda Specific Plan and the policies/guidelines set forth by the Design Review Committee and the Planning Commission, two-story structures shall not be planned for corner lots (Lots 1, 20, 21, 28, 30, 37, 38, and 44) unless extra deep setbacks are used. • 2. Per Section 5.25.303 of the Etiwanda Specific Plan, prior to final map recordation a Conditional Use Permit shall be submitted for review and approval by the Planning Commission. 3. All homes shall be designed in accordance with the design/technical standards specified in Section • 5.42 of the Etiwanda Specific Plan. 4. All homes proposed along Etiwanda Avenue shall comply with the design/technical standards specified in Section 5.25.304 of the Etiwanda Specific Plan. Secondary Issues: Once all of the_ major issues have been addressed,, and time permitting, the Committee will discuss the following secondary design issues: ". The northwest corner of the project site, immediately adjacent to the intersection of Etiwanda and Miller Avenues, shall be'landscaped. The applicant shall coordinate with Caltrans a Landscape Plan. This Plan shall be submitted to the City for review and approval prior to final map recordation. 2. The maximum height of solid walls along Etiwanda Avenue shall be 3 feet. 3. All wrought iron fences shall be painted black or a similarly dark color. 4. Double-wall/fence conditions shall be eliminated, if possible. The applicant shall contact the administrators for the Perdew Elementary School and request permission to remove the existing fence along the common property line. Staff Recommendation: Staff recommends that the project be approved, with the above items listed incorporated into the Conditions of Approval, and be forwarded to the Planning Commission for review • and action. 1 G-- DRC ACTION AGENDA SUBTT18466 -ALBERT A. WEBB ASSOCIATES August 19, 2008 • Page 3 Design Review Committee Action: Members Present: Munoz, Stewart, Nicholson Staff Planner: Mike Smith The applicant was directed to modify the northwest corner (specifically Lot 38) of the proposed subdivision by adjusting lot sizes, re-arranging the lots, or eliminating the lot. The change(s) are required to address the Committee's concern regarding the suitability of a residential structure located in close proximity to the Interstate 15 overpass where noise mitigation measures are limited because of Caltrans' policy regarding noise walls along the freeway right-of-way and limits on wall height along Etiwanda Avenue established in the Etiwanda Specific Plan. The applicant's proposal to provide an outdoor area buffered from freeway noise by the bulk of the house was not deemed to be an adequate solution. This was especially the case since the precise design/architecture and layout of the homes is not known as the applicant is not proposing the construction of homes at this time. Instead, they propose to sell the property to another developer for that stage of the project. The Committee had no concerns regarding the remainder of the subdivision. They were satisfied that this project would be compatible with the existing residential development to the south, north, and west, and the school to the east. Any potential impacts, such as excessive wall heights because of significant grade differences, have been minimized. • The applicant was directed to revise the project accordingly and return for afollow-up review by the Committee at a later date prior to scheduling for Planning Commission review and action. n LJ ~A - 13 • DESIGN REVIEW COMMENTS 7:20 p.m. Mike Smith October 14, 2008 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18466 -ALBERT A. WEBB ASSOCIATES (for ANTHONY VERNOLA) - A proposal to subdivide a property of 9.56 acres into 43 lots for the purposes of residential development in the Low-Medium (LM) Residential District, Etiwanda Specific Plan (South Overlay and Etiwanda Avenue Overlay), located at the southeast corner of Etiwanda and Miller Avenues - APN: 1100-131-01. Background: This proposed subdivision was reviewed by the Design Review Committee on August 19, 2008 (Exhibit C). The applicant was directed to modify the northwest corner (specifically Lot 38) of the proposed subdivision by adjusting lot sizes, re-arranging the lots, or eliminating the lot. The change(s) were required to address the Committee's concern regarding the suitability of a residential structure located in close proximity to the Interstate 15 Freeway overpass where noise mitigation measures are limited because of Caltrans' policy regarding noise walls along the freeway right-of-way and limits on wall height along Etiwanda Avenue established in the Etiwanda Specific Plan. The applicant's proposal to provide an outdoor area buffered from freeway noise by the bulk of the house was not deemed to be an adequate solution. This was especially the case since the precise design/architecture and layout of the homes is not known as the applicant is not proposing the construction of homes at this time. The Committee had no concerns regarding the remainder of the subdivision. They were satisfied that • this project would be compatible with the existing residential development to the south, north, and west, and the school to the east. Any potential impacts, such as excessive wall heights because of significant grade differences, have been minimized. The applicant was directed to revise the project accordingly and return for afollow-up review by the Committee at a later date prior to scheduling for Planning Commission review and action. Revisions: The applicant has revised the subdivision. as directed so that the potential noise impact on a potential home` located at the northwest corner of the project site has been further minimized. To accomplish this, the lot at the northwest corner of the proposed subdivision was eliminated so that there are now 43 lots proposed instead of 44 lots. Lot 38 is now larger than originally proposed at 19,403 square feet versus 11,710 square feet (essentially Lots 38 and 39 of the previous layout were combined). The location of the potential house footprint on Lot 38 has been moved to the previous location of the house footprint on Lot 39. Increasing the size of Lot 38 has resulted in a corresponding increase in yard area. The lot areas for Lots 21 and 37 have been increased by about 1,200 square feet to 13,305 and 14,479 square feet, respectively. The increase in the size of Lot 37 allows for the provision of a larger "protected" outdoor, private space which was one of the revisions described in the comments report Design Review Committee meeting on August 19, 2008 (Exhibit A). The applicant has also revised the orientation of Lots 27, 28, 30, and 31 so that the primary axis of each lot is east to west to match Lot 29; there are also corresponding adjustments in the lot areas of these lots (Exhibit B). The minimum net average lot area for the overall subdivision has increased from 7,249 square feet to 7,418 square feet. .Staff Comments: The following comments are intended to provide an outline for Committee discussion. EXHIBIT G ~-t~ DRC ACTION AGENDA SUPTT18466-ALBERTA. WEBB ASSOCIATES (FOR ANTHONY VERNOLA) October 14, 2008 Page 2 • Maior Issues: The following are from the previous Comments report and are provided for further discussion (if necessary). The final map shall show the "protected" outdoor, private space for Lots 20, 21, and 37 through 44. The side yard setback for these lots, on the side of the lot where each private space is proposed, shall be 20 feet minimum. 2. Per Section 5.42.608 of the Etiwanda Specific Plan and the policies/guidelines set forth by the Design Review Committee and the Planning Commission, two-story structures shall not be planned for corner lots (Lots 1, 20, 21, 27, 31, 37, 38, and 43) unless extra deep setbacks are used. 3. Per Section 5.25.303 of the Etiwanda Specific Plan, prior to final map recordation, a Conditional Use Permit shall be submitted for review and approval by the Planning Commission. 4. All homes shall be designed in accordance with the design/technical standards specified in Section 5.42 of the Etiwanda Specific Plan. 5. All homes proposed along Etiwanda Avenue shall comply with the design/technical standards specified in Section 5.25.304 of the Etiwanda Specific Plan. Secondary Issues: The following are from the previous Comments report and are provided for further discussion (if necessary). • 1. The northwest corner of the project site, immediately adjacent to the intersection of Etiwanda and Miller Avenues, shall be landscaped. The applicant shall coordinate with Caltrans a Landscape Plan. This Plan shall be submitted to the City for review and approval prior to final map recordation. 2. The maximum height of solid walls along Etiwanda Avenue shall be 3 feet. 3. All wrought iron fences shall be painted black or a similarly dark color. 4. Double wall/fence conditions shall be .eliminated, if possible. The applicant shall contact the administrators for the Perdew Elementary School and request permission to remove the existing fence along the common property line. Staff Recommendation: Staff believes these changes address the primary concerns of the Committee. Staff recommends that the project be approved, with the above items listed incorporated into the Conditions of Approval, and be forwarded to the Planning Commission for review and action. Attachments Design Review Committee Action: Members Present: Wimberly, Munoz, Nicholson • Staff Planner: Mike Smith A-15 DRC ACTION AGENDA SUPTT18466 -ALBERT A. W EBB ASSOCIATES (FOR ANTHONY VERNOLA) October 14, 2008 • Page 3 The Committee approved the applicant's revised tentative tract map design, and recommends approval to the Planning Commission with all of the above conditions specified into the Resolution of Approval. The Committee also added another condition of approval requiring that the northwest corner of Lot 38, at the intersection of Etiwanda and Miller Avenue, shall be landscaped with specimen-sized trees, berming, extensive ground-cover, and river rock pavers. This improvement shall be coordinated with the Engineering Department to ensure continuity with required public landscaping improvements. ~'~~ • • Etiwanda Specific Plan Part II Chapter S BASIC DEVELOPMENT STANDARDS Fig 5-2 ~~~ Lot Area: minimum average 25,000 10,000 1Y0000' 6,000 8,000;;! (in square feet) ti, minimum 20 000 7 ` ' (in square feet) , ,2~D0 7;200` 5,000 5,000 : ,, Number of DU's 1/20,000 1/7,200 '1/5j00D"'- 1/5,000 11500D " (per lot area in square 2 max/lot 4 max/lot feet) 4 max/lot , Lot Dimensions: minimum depth minimum width (at required front setback) minimum frontage (at front p.l.) Setbacks: front side (street) side building separation rear Lot Coverage (maximum %) • EXHIBIT H 200' 90' 40' 30' 25' 10/20 60' 25% 5-9 ~ - ~-, 100' 1"00'" ;j• 90' 60' 6t3' ," ' S0' min. 50` i 50% of 50°, lots - 55' lots min. rri 40' '" 40` ~ ;: ; '"~ 30' 3~t ,, . K ,,_} "" 25' 25';' " 20' avg. 2D''r '`.~ vary t5' vary. 25' 25' . 15' ~' Total 15' Total:l5' Total l5' Total • 15' min. 15' n except excE where whe adjacent adjac 2 stories 2 stoc -20' min. 20' n 20' 20' 15' 15' 40% 40% 50% 50°~ 11/01 Etiwanda Specific Plan Part 11, Chapter 5 • T , J ~ ;^~ t On-site Windrows' ~,_ '~~ ~ r ~' '~~ ~ 501ac NIR ~iQ' '"~' ~ j'~ ~;~~,'I N/R '~~`~~~~ `~ ~' (in lin. Feet/ac) ~ Stteetside ~ Re wired " ~ q ~°~ ." ~ ~ ~ ~' Re quire ` Required Landscaping d (prior to occupancy)Z ~ ~;;. Height Limitations a ~~' 35' ~~"r 3~ ~k; 5 ~~' `~' ~ ~~ 35 r~'~4~~~ ,` ~~°r~ ,` ~ ~~,~ ~ ,,;, - 3~' r~i~~u ~~i; t 0 lot line not to be used et project boundary "' These columns apply to parcels located within the Etiwanda South Overlay District (See Figure 5-1 ' Existing lots of record of 1 acre or less may be exempted from this requirement. s Custom lot subdivisions may be exempted from this requirement. L • 5-10 8/96 ,~ - t ~~ _ ENVIRONMENTAL p ~ INFORMATION FORM ~" (Part I -Initial Study) City of Rancho Cucamonga (Please type or print clearly using ink. Use fhe tab key to move from one line to the next line.) Planning Division (909) 477-2750 ' The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. Application Number for the project to which this form pertains: Tract 18466 Project Title: Miller Avenue Proiect -Tentative Tract Map 18466 Name & Address of protect owner(s).• Anthony P. Vernola, Sole Successor Trustee • c/o McCune & Associates P.O. Box 1295 Corona, CA 95879 Name & Address of developer or project sponsor: "Anthony P. Vernola c/o McCune & Associates P.O. Box 1295 . . Corona, CA 95679 Contact Person & Address: Rick Bondar, McCune 8 Associates P.O. Box 1295 Corona, CA 92879 Name & Address of person preparing this form (if different from above): Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 Telephone Number: (951) 686-1070 ~~ ~' ~ ~ ~ ~ Page 7 of 9 ~ Created on 1/9/07 2:29"00 PM s` ~A - t ~l rrvuvrwr~t r c ,vrrucn nylyS' wILL NOT HE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staf/ will not be available to perform work required to provide missing information. '1) Provide a full scale (8-1/2 X 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west; views into and lrom the site /rom the primary access points that serve the site; and representative views of significant features from the site. Include a map showing location o/each photograph. 3) Project Location (describe): The proposed 10 acre site located at the southeast corner of Miller Avenue and Etiwanda Avenue. 4) Assessor's Parcel Numbers (attach additional sheet if necessary): 1100-131-01 `5) Gross Site Area (ac/sq. ft.): ~ 0.00 '6) ~ Net Site Area (total site size minus area of public streets & proposed dedications): g Sg 7) Describe any proposed general plan amendment or zone change which would affect the project site • (attach additional sheet if necessary): N/A 8) Include a description of all permits which will be necessary /rom the City o/Rancho Cucamonga and other governmental agencies in order to fully implement the project: N/A 9) Describe the physical setting~o/the site as it exists belore the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and "scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs o1 significant features described. In addition, cite all sources o/information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, tra//ic studies): Current setting of the project is relatively flat Draina e typically flows toward the southeast corner of the project. The site previously was a vineyard Dead grape vines are all that remain on the site The site is located in an area of high disturbance and contains primarily non-native invasive vegetation Soils • identified on this site include Tuiun a Loamy. This type of soil does not support for habitat for the Delhi EnvironmentallnfoForm.doc Page 2 of 9 Created on 7/9/07 2:29:00 PM ,~ .~.o In/ormation indicated by an asterisk (') is not required ofnon-construction CUP's unless otherwise requested by staff. Sands Flower Loving Fly which is listed as an indangered species (See attached photos) Source: Site visit, USDA-Web soil surve . • 10) Describe the known cultural and/or historical aspects of the site. Cite all sources o/information (books, published reports and oral history): Known historical information on this site includes its predominance in the wine industry It is also located in an area once occupied by the Etiwanda Colon (San Bernardino County Museum Historical • Resources Records Search January 24 2007) 11) Describe any noise sources and their leve/s that now aflect the site (aircraft, roadway noise, etc.) and how they will aflect proposed uses: The main noise source that effects the site is Interstate 15 It is located directly to the northwest of the site. An exterior noise analvsis was performed in June 2006 The analysis concluded that the exterior noise impact to the proposed project from traffic alon Interstate 15 will be 64 5 dBA This is below the City of Rancho Cucamonoa threshold of 65 dBA. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment Attach additional sheet(s) it necessary: _Tentative Tract Map 18466 is pro posin 45 sin le family detached residential homes Lot sizes will range from 5 492 to 12 533 sq ft There are no proposed phases for this tract Timininq of development unknown. • EnvironmentallnfoForm.doc Page 3 of 9 Geated on 1/9/07 2:29 00 PM ~~~~ 73) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity o1 /and use (one-lamily, apartment houses, shops, department stores, etc.) and scale o/development (height, /rontage, setback, rear yard, etc.): Surrounding properties include: to the north -single family residential To the east - Perdew Elementary School (currently under construction)' _To the south -single family residentiaP To the west -multi-family residential. 14) Will the proposed protect change the pattern, scale or character of the surrounding general area of the project? No, the project will not change the current pattern scale or character of the surrounding area Surrounding land use includes single family residential tract development 75) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these -• noise levels a//ect adjacent properties and on-site uses. What methods of soundproofing are proposed? Short term noise generated from the proposed project is from construction activities Construction can range from 6 to 12 months and have noise levels from 76 dBA to 89 dBA City Ordinance will limit specific days and hours of construction activity. This should not affect surroundin :properties since it is temporary Long term noise that will be generated from the project is from traffic related noise levels. This increase in noise leels may affect adjacent properties, increase of traffic will be minor. It is anticipated that sound walls will be implemented to mitigate for freeway and roadway noise impacts '76) Indicate proposed removals and/or replacements of mature or scenic trees: No tress are present on the site. 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: The site will drain into the Etiwanda Channel and ultimately into Reach 3 of the Santa Ana River EnvironmentallnfoForm.doc Page 4 of 9 Created on 1/9/07 2:29:00 PM • ~- 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For lurther c/ari/ication, please contact the Cucamonga County Water Dtstrict at 987-2591. • a. Residential (gal/day) 27,000.00 Peak use (gal/Day) 54.000.00 b. Commercial/Ind. (gal/day/ac) Peak use (gal/min/ac) 19J Indicate proposed method of sewage disposal. ^ Septic Tank ®Sewer. I/septic tanks are proposed, attach percolation tests. It discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification, please contact 'the Cucamonga County Water District at 987-2591. a. Residential (gal/day) 12,150.00 b. Commercial/Industrial (gal/day/ac) RESIDENTIAL PROJECTS: 20) Number of residential units: Detached (indicate range o/parcel sizes, minimum lot size and mawmum lot size: Lot size range from 5 492 sq ft to 12 533 sq ft Attached (indicate whether units are rental or for sale units): • 21 J Anticipated range of sale prices and/or rents: Sale Price(s) $0.00 to $ Rent (per month) $ to $ 22) Specify number of bedrooms by unit type: No known at this time 23) Indicate anticipated household size by unit type: Not known at this time Envi ron m enta I Into Form.doc Page 5 of 9 Created on 1/9/07 2:2900 PM -~3 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: 77 • b. Junior High: 7 0 c. Senior High 9 COMMERC/AL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses: 26) Total /loor area of commercial, industrial, or institutional uses by type: N/A 27) Indicate hours of operation: 28) Number of employees: Total: 0 Maximum Shift: Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication o/the rate o/hire /or each classification (attach additional sheet if necessary): N/A 30) Estimation of the number o/workers to be hired that currently reside in fhe City: p '31) For commercial and industrial uses only, indicate the source, type and amount of air pollution emissions. (Data should be verilied through the South Coast AirOuality Management District, at (818) 572-6283): Envi ron m enta I I nfoForm.doc Page 6 of 9 Created on 1/9/07 2 29:00 PM J 1 ~J 7~ "~~ ALL PROJECTS 32) Have the water, sewer, /ire, and flood control agencies serving the project been contacted to determine their abrlity to provide adequate service to the proposed project? I/ so, please indicate their response. • Water and sewer services have been requested from the Cucamonga Valley Water District The District has availability and will serve the proposed tract 33) In the known history of thrs 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; radioactive substances; pesticides and herbicides; /uels, oils, solvents, and other /lammable liquids and gases. Also note underground storage of 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, it known. No information is available at this time. 34) Will the proposed project involve the temporary orlong-term use, storage or discharge of hazardous and/or toxic • materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method o/ disposal. The location o/such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. No 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the /acts, statements, and information presented are true and correct tot hebest o/ my knowledge and belief. I further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: / O 7 Signature: • Title: EnvironmeniallnfoFOrm.doc Page 7 of 9 Created on 1/9/07 2.2900 PM -as ATTACHMENT A Water Usaae Average use per day Residential Single Family ApVCondo Commercial/Industrial General and Regional Commercial Neighborhood Commercial General Industrial Industrial Park Peak Usage For all uses Average use x 2.0 Sewer Flows Residential Single Family ApVCondos Commercial/I n d u s t r i a l General Commercial Neighborhood Commercial General Industrial Heavy Industrial Source: Cucamonga County Water District Master Plan, 6/00 . 600 gal/day 400 gal/day 3,000 gal/day/ac 1,500 gal/day/ac 2,500 gal/day/ac 3,000 gal/day/ac 270 gal/day 200 gal/day 2,000 gal/day/ac 1,000 gal/day/ac 1,500 gal/day/ac 3,000 gal/day/ac • • • Envi ron m ental Inf o Fo rm.doc Page 8 of 9 Created on 1/9/07 2:29:00 PM ~ -a~ ATTACHMENT B .Contact the school district 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 Etiwanda 5959 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909)899-2451 High School • Chatfey High School. 211 West 5th Street Ontario, CA 91762 (909)988-8511 • EnvironmentallnfoFOrm.doc Page 9 of 9 Created on 1/9/07 2:29:00 PM ~~~ . - .. iv - -- - c~,.... J,/r:", c:' Q:b.: wFRN. ""'.. ---,. ~_ `4.. - _ __ - ~~, i __ - _„ ..-..N ~-. ' ~ %~" - ~ __ ~. ~ Project .~. ~I s.. ii ~H`~~i . _ -'~.- - -' .~--~. - - Site ~'~-~. F,~' . U li r-~'*-its~f'1 ~..-~J~`.~-.may'+';.-ice _ 4 ~~S' ~/r ~., -. ~. ^ ~~ -.a Lr -- II w ~ - ~ ,.. - ~-. I k{ -' .. wa.- I f .rr <; ~. ~~ a r h~,r~--~ _,rb ` -.A. iiL l.~ _ CJ r. , i-u - YR'~~'.°'-___ _ .Q13 .i. ''i':~4; ;': pf 'r• f _`'~b wil s~' y•...u_ F _ P~[ :c:r _ ~.~ i .:: o:.. ..:'.~.~ .. ;,. ... _ ..-::::r. .. - __ .. fir. Yq _r '~ n~ ,/ ~ tltltl ... .asa ~, AOpuvr---, _ _ R rE ~} ~• ~~i=... 1-T~_.a~~.' - ~~" y ~~``.,,~- ~ ~'~j~~ ;''_ . _ ti's; : . • ~ a -_ - :,. i:. ;~I~f';::%i". tl - -\... c~V rr .® s.- -mac. __ -.~; ~' a .: j; ~:r 9 _ t _ r tip. ' 4=: I «t'-~ n~U:_ ~ ~ ~ R. w_rylc5[~ _ :j 'i .:Wetn_SA+Nt:: i ~ __= -'~ S -.+ _- i ~~: . ... {!P-FFF ... i. ~. '"' _ ~~ ' i .. ..... ... ... .. s'CCGEn v _- Vic, Source: USGS 7.5' Quads N Guasti / Cucamonga Peak Scale: 1" = 2,000' w E Topographic Map ~BB ,r„~r,~ s ""` °° TT ]8466 G?.2006\06-0066\Gisls~. ppp_06-0066. msd • A '~ D ~-a~- TR~4CT NO. 18466 A LA L B ~~ CIVIL. ENGINEERS 3788 McORAY ST. RNERSIDE CA 92508 (851) 888-1070 i PHOTOGRAPH/C LOCH T/ON MAP SCALE 1" = 150' ~} -3c~ ~s >; • ~~31 ,.,- i.v~uug „~,u uimme or sne ~i~onn~ #2- Looking from middle of site (East) ~~3~.. • fl -33 »v- r.uuxtng tram me sne at access point ~J A -~~- ~a- worm west comer iookmg Trom site n LJ _, ______ r___._ • R-3s' BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1. Project File: TENTATIVE TRACT MAP SUBTT18466 2. Description of Project: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18466 -ALBERT A. WEBB ASSOCIATES (for ANTHONY VERNOLA) - A proposal to subdivide a property of 9.56 acres into 43 lots for the purposes of residential development in the Low-Medium (LM) Residential District within the Etiwanda Specific Plan (South Overlay and Etiwanda Avenue Overlay), located at the southeast corner of Etiwanda and Miller Avenues - APN: 1100-131-01. Staff lias prepared a Mitigated Negative Declaration of environmental impacts for consideration. 3. Project Sponsor's Name and Address: Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 4. General Plan Designation: Low-Medium Residential (less than 8 dwelling units per acre) • 5. Zoning: Low-Medium (LM) Residential District (4-8 dwelling units per acre), Etiwanda Specific Plan (South Overlay) 6. Surrounding Land Uses and Setting: The project site is asquare-parcel of about 660 feet (north-to-south) by 660 feet (east-to-west) with an area of about 417,300 square feet (9.6 acres), located at the southeast corner of Etiwanda and Miller Avenues. The site is vacant and appears to have been a vineyard. Other vegetation on-site includes short grasses and shrubs. To the north and south are single-family residences, to the east is Perdew Elementary School, and across the street is an apartment complex. The zoning of the property and all surrounding properties to the east, north, and south is Low-Medium Residential District within the Etiwanda Specific Plan in the South Overlay, and the property to the west is zoned Medium (M) Residential District within the Etiwanda Specific Plan in the South Overlay. The subject property is generally level with an elevation at the north and south sides of about 1,245 feet and 1,233 feet, respectively. 7. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 8. Contact Person and Phone Number: Mike Smith, Associate Planner (909) 477-2750 9. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. • A - 3~a Initial Study for Tentative Tract Map SUBTT18466 GLOSSARY -The following abbreviations are used in this report CVWD -Cucamonga Valley Water District EIR - Environmental Impact Report FEIR -Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter RWQCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SWPPP-Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED City of Rancho Cucamonga The environmental factors checked below would be potentially affected by this project, 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 & Soils ()Hazards & Waste Materials (/) Hydrology & Water Quality ()Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing ()Public Services ()Recreation () TransportationlTraffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (/) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in t c se because revisions in the project have been made by, or agreed to, by the project propon~~ ~Iv~ITIGATED NEGATIVE DECLARATION will be prepared. Prepared By: Date: ~ f j ~ - 0 Reviewed By: d-'"'~°"d'-- ~~ Date: ~~ ~ • • • A -~~ • • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 3 Less Than SBniLCant Less Issues and Supporting Information Sources: Po~an~iaor wan Tnan SpndmeN MNgaOOn SiBmLCani No Impact Incor orates 1 acl m acl EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project• 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 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 project site. The site 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 at the southeast corner of Etiwanda and Miller Avenues and is characterized by single-family residential development to the north and south. To the east is Perdew Elementary School and to the west is an apartment complex. Crossing diagonally above the intersection of the two streets noted previously is the Interstate 15 Freeway. The visual quality of the area will not degrade as a result of this project. Design review is required 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 project 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 project site. The impact is not considered significant. J 2. AGRICULTURAL RESOURCES. Would the project: 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? ,a - 3 `? Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Pape 4 Less Than Signi~¢ant Less Issues and Supporting Information Sources: P°~an+~ailr wuh Than Sipn,hcant M,tigaoon S,gnihcant No I act Into oratatl Im°ad I act 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, but is designated as Farmland of Statewide Importance. The site is located at the southeast corner of Etiwanda and Miller Avenues and is characterized by single-family residential development to the north and south. To the east is Perdew Elementary School and to the west is an apartment complex. 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 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 at the southeast corner of Etiwanda and Miller Avenues and is characterized by single-family residential development to the north and south. To the east is Perdew Elementary School arid to the west is an apartment complex. The nearest agricultural use, a commercial nursery, is about one mile from the project site to the southwest in the Southern California Edison utility corridor. Therefore, no adverse impacts are anticipated. 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 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 air 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? • C J • R -3~ • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Pape 5 Lass rnaa Signil¢am Less Issues and Supporting Information Sources: Po+antially wnn rnan Significant Mitigation Sigmhcam No Impact Incpmoretetl I act Impact 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 citywide 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 project 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 project 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 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 associated with construction activities are not new to the Rancho Cucamonga area and 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 Management District (SCAQMD) on a project-specific 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 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 duality Management District (SCADMD) 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. ,~--yc7 Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Pape 6 Lass Than SigniLCarn Less Issues and Supporting Information Sources: Pclenually w„n rnan SigmLCant Miliga0on Sigmhcam No Irtpacl Into waletl Inpact I act • 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 adjacent public 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., 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 [RWQCB]) daily to reduce Fine Particulate Matter (PM~g) 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 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. 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, Nox, ROG, and PMtg would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project-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 Council. 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 project basis to a level less-than-significant. The following mitigation measures shall be implemented: 10) All residential structures shall be required to incorporate high-efficiency/low-polluting heating, heaters. air conditioning, appliances, and water • • ~-~1 • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Pape 7 less Than Significant Less Issues and Supporting Information Sources: Pmanhany wnn Tnan Sign,ficant Meigeoon Sigmhcant No Impact Inco ratetl Impact Inoact 11) All residential 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 citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5.6) continued development would contribute 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 Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. C~ u d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAOMD 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 SCAOMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAOMD Rule 1401. The project site is located adjacent to a sensitive receptor, Perdew Elementary School. 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-significant levels. e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () () () (/) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in 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 in local or regional plans, policies, 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? A ` ~! a- Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 8 Less Than SigniLCant Less Issues and Supporting Information Sources: Pelantially wnn man Signifwnf MRigauw SigntLCant No I act Inco area Imgacf I act d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies 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 project site is located in an area developed with residential uses. The project site has already been disrupted by construction of infrastructure and surrounding developments, annual discing for weed abatement, and use as a vineyard (now abandoned). According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project 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 project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The surrounding area has been developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) The project 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 project: a) Cause a substantial adverse change in 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? u • • ~-~13 • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 9 Less Than Issues and Supporting Information Sources: Pofanbany Sign,LCarn w,m Less Tnan S,gnif¢anl M,Ogaacn S,gmisant No Im as Incorporatetl Im act Im an d) Disturb any human remains, including those interred () () () (/) outside of formal cemeteries? Comments: a) The project 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 project 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 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 archaeological heritage of the area. • 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 project 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 modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: :~ - y y Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 10 Less Than Signtlmant Less Issues and Supporting Information Sources: ao+anuauy wan Tnan Signilicen, MiagaLOn Significant No Impact Incor pra+etl 1 ad I act 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. 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. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project 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, annual discing for weed abatement, and use as a vineyard (now abandoned). No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project 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 required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, 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 Special Publication 42. ii) Strong seismic ground shaking? () () () (/) • • • ''{ '~ Initial Study for Tentative Tract Map SUBTT18466 r1 U • City of Rancho Cucamonga Page 11 Less Than Issues and Supporting Information Sources: Potantiallr Sipnriicant wnn Less rnan SiBmlmant Mlllgaapn Sigmhcant No Impact Into orated Irtpad Irtpact iii) Seismic-related ground failure, including () () () (/) liquefaction? iv) Landslides? () () () (/) b) Result in substantial soil erosion or the loss of topsoil? () (/) () ( ) c) Be located on a geologic unit or soil that is unstable, () () () (/) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, 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 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 Hill Fault passes about 2 miles northwest of the site, and the Cucamonga Fault Zone lies approximately 4 miles north. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Also, the San Jacinto Fault, capable of producing up to M,„ 7.5 earthquakes is 13 miles northeasterly of the site, and the San Andreas Fault, capable - of up to Mw 8.2 earthquakes, is 15 miles northeasterly of the site. Each of these faults can produce strong groundshaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject 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 project 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: 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 SCAt]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~o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. ,J~ - ~}lG Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 12 Lass Then Sigmacant Less Issues and Supporting Information Sources: Fntantlally wnn rnan Signii¢ant Mitlpation Slpni6cenl No I act Inco oratetl I act I act 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 RW~CB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~g emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soils 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 majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soils on-site consist of Hanford Coarse Sandy Loam Soil association according to General Plan Exhibit .V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically used for irrigated crops such as citrus and alfalfa. No adverse impacts are anticipated. e) The project 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 accident 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 project 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 project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, () () () (/) would the project result in a safety hazard for people residing or working in the protect area? • • • /\~`~1 Initial Study for Tentative Tract Map SUBTT18466 • City of Rancho Cucamonga Page 13 Less Than Sgnibcent Less Issues and Supporting Information Sources: I=°'e^aally wain Than 9gniLCant MitiBaOOn SigmhcaN No Impact Incorporatatl Im act I act g) Impair implementation of or physically intertere with an () () () (/) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of () () () (/) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The project consists of the subdivision of property for the purposes of residential development. It will 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 is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. 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. No adverse impacts are expected. b) The project consists of the subdivision of property for the purposes of residential • development. It does not include the use of hazardous materials or volatile fuels. The City participates 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 is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. 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. No adverse impacts are anticipated. c) There is a school, Perdew Elementary School, located immediately adjacent to the project site. Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. d) The proposed project 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 project site is located approximately 4.5 miles northeasterly 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 2.5 miles to the west of the City's 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. The project includes the construction of new streets which will provide access to all lots in addition to the existing street. These streets, and associated improvements ~-y3 Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 14 Less Then Si9mtmant Less Issues and Supporting Information Sources: Fttanllally wan Than SigmGCant M,Lgeaon Sipnilmanl No i aft Inco oratetl Im att Impact such as fire hydrants, are required to comply with all applicable City codes, including local fire ordinances. Therefore, no adverse impacts are anticipated. 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 project site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge () () (/) ( ) requirements? b) Substantially deplete groundwater supplies or intertere () () () (/) 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 river, 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 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 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 map? 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, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ~) Inundation by seiche, tsunami, or mudflow? () () () (/) • • u ,~ - y °1 • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 15 Less Tnan Sipnd¢ent Less Issues and Supporting Information Sources: Potanuany w~~n Then Sipndmant Mmpafion SiBndiwm No Impact Incur om~etl I an Impact Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project 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 project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Construction Permit. The General Construction Permit requires 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 project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a SWPPP. To comply with the NPDES, the construction contractor of the project will be required to prepare a 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 Albert A. Webb Associates 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 surtaces 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 required to control additional storm water effluent: Construction Activities: • 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that / ` .'~ (~ Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 16 Less Than Sgnihcant Less Issues and Supporting Information Sources: Fotenrially w,cn rnan SiBniLCent MlllBa~On SIBnILCanI No Impact Inca ratetl I ect Im ad shall be used on-site to reduce pollutants during construction activities 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 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) Specify the timing of grading and construction to minimize soil exposure to rainy periods 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 debris 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. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Albert A. Webb Associates, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) 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 groundwater in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project 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 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 citywide will increase water needs and is a significant Impact; however, CVW D has plans to meet this increased need through the construction of future water facilities. c) The project 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 project 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 • l J • PC "a j • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 17 Less Than Signi6cam Less Issues and Supporting Information Sources: Pgenuany wnn Than Srgmficant MingaLOn Sigmfcant No Impact Incorporated Impact Im ac; handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A grading and drainage plan must be approved by the Building 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 project 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 project 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. A grading and drainage plan must be approved by the Building 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. • e) The project 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 project will not result in substantial additional sources of polluted runoff. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runotf 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 NPDES to minimize water pollution. The following mitigation measures shall be implemented: 1) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, 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 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. 2) 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 Building Official for coverage under the NPDES General Construction Permit. u g) The project 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 project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. - 52- Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 18 Less Than Sigmfcant Less Issues and Supporting Information Sources: Polenhally wpm man Significant Mitigation 9gnd,cant No Impact Inco araletl I act I ad 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 channels, and underground storm drains as shown in General Plan Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project 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 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 project: a) Physically divide an established community? () () () (/) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with jurisdiction over the project (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 at the southeast corner of Etiwanda and Miller Avenues and is characterized bysingle-family residential development to the north and south. To the east is Perdew Elementary School and to the west is an apartment complex. Crossing diagonally above the intersection of the two streets noted previously is the Interstate 15 Freeway. This project will be of similar design and size to surrounding residential development. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Low-Medium Residential. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The project site is not Iodated 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 project site is not within an area of sensitive biological resources; therefore, development will not adversely atfect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. • • • ~A- S3 • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 19 Less Than Signtl¢am Less Issues and Supporting Information Sources: Pp+enfiany w~fn Than SiBnl6cant Miegaoon Spndmam No Impact Incorporaretl I act Im acr 10. MINERAL RESOURCES. Would the project: 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 site; therefore, there is no impact. • u 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in () ('~) () ( ) 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 vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise () () () (/) levels in the project vicinity above levels existing without the projedt? d) A substantial temporary or periodic increase in () (/) () ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project 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 project expose people residing or working in the project area to excessive noise levels? f) For a project within the. vicinity of a private airstrip, () () () (/) would the project expose people residing or working in the project area to excessive noise levels? Comments: ' a) The project site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. The site is located within the noise contours of the Interstate .15 Freeway and Etiwanda Avenue. The greatest impact will occur at Lot 38. According fo~ an acoustical impact analysis prepared by Mike Rosa 'of Albert A. Webb Associates on October 5, 2007, the City's 60dBA exterior noise standard can be met by employing sound barrier protection along Miller Avenue and using the planned dwelling structures as noise control barriers. To accomplish this, the applicant will be required to construct a 6-foot high wall along the frontage of Miller Avenue and provide and reserve a r~-5~{ Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 20 Less Than Signu,cam Less Issues and Supporting Information Sources: Pmenaaoy w,m Tnan SiBniLCanr Miogar,on Sigmhcem No Im act into orated Im aCr Im aci 20-foot wide area in the side yard of the lots closest to the freeway and Etiwanda Avenue that will be buffered from noise by the future houses. A follow-up acoustical study will be required at the time the house product is submitted for review to determine any, if applicable, mitigations that must be employed. The following mitigation measures shall be adhered to: 1) A 6-foot high masonry wall shall be constructed along the Miller Avenue frontage for Lots 39 through 43. 2) Lots 20, 21, and 37 through 43 shall adhere to the side yard requirements (20-foot minimum) as indicated in the sound study prepared by Albert A. Webb Associates, Figure 3. 3) When house product is submitted at a future date, an interior noise analysis shall be prepared by an acoustical engineer to assess any necessary construction materials and STC window rating requirements in order to achieve the required 45dBA interior rating. b) The uses associated with this type of project normally do not induce ground borne vibrations. 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 project. 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, will 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) 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 pertorm weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building 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 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, do not address the potential impacts because of the u • • ,~-5S • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 21 Less Ttlan Signtl¢ant Less Issues and Supporting Information Sources: aotenllally w~,n Tnan Signi6canl Mitigallon $Ign111Cao1 No Im ac, Incor oratetl I act Im ac, transport of construction materials and debris. The following mitigation measures shall then be required: 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. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. Located approximately 4.5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airpon, is located approximately 2.5 miles to the west of the City's westerly limits. No impact is anticipated. • 12. POPULATION AND HOUSING. Would the project: 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 project is located in a predominantly developed area and will not substantially induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. No impacts are anticipated. b) The site is vacant. No adverse impact is expected. c) The site is vacant. No adverse impact is expected. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectrves for any of the public services: a) Fire protection? () () () (/) b) Police protection? () () () (/) A-5~ Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 22 Less Then Signficant Less Issues and Supporting Information Sources: Polenually wnn Than Sgmficanf Mitigatmn Significant No Impact Incor oratetl Impact Im act C) Schools? O O O (~/) d) Parks? () () () (~) e) Other public facilities? () () () (~) Comments: a) The site, located at the southeast corner of Etiwanda and Miller Avenues, would be served by Fire Station #3 at 12158 Base Line Road, located approximately one mile from the project site. The project 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 facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project 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 project site is within an area that is regularly patrolled. • c) The Etiwanda School District and the Chaffey Joint Union High School District serve the project 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, Victoria Arbors Park at 7429 Arbor Lane, is located about 2,500 feet from the project site to the northwest. Another park, South Etiwanda Park, is proposed about 1,000 feet from the project site to the southeast. The project 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 facilities. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project 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 facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected 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 Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City built a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. • ~'~~ \J Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Pape 23 Less Than Issues and Supporting Information Sources: Pdepuallr Signihcem wpm Less Than Signs}leant Miagalmn Sigm6cant N° I acl Inco oratatl Impact I act 14. RECREATION. Would the project: 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 project 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, Victoria Arbors Park at 7429 Arbor Lane, is located about 2,500 feet from the project site to the northwest. Another park, South Etiwanda Park, is proposed about 1,000 feet from the project site to the sdutheast. This project 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 require the developer to pay park development fees. No impacts are anticipated. • • b) See a)response above 15. TRANSPORTATION/TRAFFIC. 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 capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually 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 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., farm equipment)? e) . Result in inadequate emergency access? () () () (/) f) Result in inadequate parking capacity? () () () (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation . (e.g., bus turnouts, bicycle racks)? ,a-s~ Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 24 Less Than Significant Less Issues and Supporting Information Sources: Pctanlially wnn Tnan Signtlmanl MmgaUOn SignJ¢anl No I act Inco oratatl Impact I acl Comments a) Implementation of the .proposed project will generate 559 vehicle trips daily. The proposed project contemplates the subdivision of the property which will allow for the development of 43 lots. The Rancho Cucamonga Traffic Model estimates that each new residence will generate 13 trips daily. 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 project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at intersections. The project site will be required 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 building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each residence will generate 1.75 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project 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 4.5 miles northeasterly 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 project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access. New streets will be constructed which will allow the required access to all residential properties. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity. All single-family residences are required to have a garage large enough for two cars. No impacts are anticipated. • • • ~-5g • Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 25 Less Tfian Sgntl¢am Less Issues and Supporting Information Sources: P°tan+~ally w"" Than Significant Malgallon Significant No Im act Inc° °ratetl I act I act g) The proposed project contemplates single-family residences. • 16. UTILITIES AND SERVICE SYSTEMS. Would the project: 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 facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm () () () (/) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the () () () (/) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected 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 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. The project 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 Ontario, neither of which are at capacity. The project is 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 facilities, 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 sfgnificant. • d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. A-~~ Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 26 Less Than Sgnif¢ant Less Issues and Supporting Information Sources: PmenLany wpm than Sgni0canl Miogauon SiBmhcanf No Im atl Inco oratetl Im act 1 act e) 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 Ontario, neither of which is 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 sufficient capacity to handle the City's solid waste disposal needs. g) This project 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 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 major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (/) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectly? 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 fV-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 project 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 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 • • u -~~ Initial Study for City of Rancho Cucamonga Tentative Tract MaP SUBTT18466 Page 27 • 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 ihclude 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 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 associated 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 etfects 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 in 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) (/) Preliminary Acoustical Impact Analysis Albert A. Webb Associates, October 4, 2007 -~~ Initial Study for Tentative Tract Map SUBTT18466 APPLICANT CERTIFICATION City of Rancho Cucamonga Page 28 I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals andlor 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. Applicant's Signature: ~'YtoL_____b ~~r Date: JI~l9~~~_ 0' Print Name and Title: 1'YjD/M,,.,,,,.,~, / ~ _ L ~ ~ _' S> . V/ (per ~~ ~ I r Yt°$~~ l /'~ V`~hb ss o4 a~'ed. • • ~ -l,,'3 • City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated 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.: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18466 Public Review Period Closes: December 10, 2008 Project Applicant: ALBERT A. W EBB ASSOCIATES (for ANTHONY VERNOLA) Project Location (also see attached map): Located at the southeast corner of Etiwanda and Miller Avenues - APN: 1100-131-01. Project Description: A proposal to subdivide a property of 9.56 acres into 43 lots for the purposes of residential development in the Low-Medium (LM) Residential District within the Etiwanda Specific Plan (South Overlay and Etiwanda Avenue Overlay). 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 project may have a significant 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 project 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 project, 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. The factual and analytical basis for this finding is included in the attached Initial Study. The project 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. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. • December 10. 2008 Date of Determination Adopted "~' ~1 • RESOLUTION NO. 08-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18466, A REQUEST TO SUBDIVIDE A PROPERTY OF 9.56 ACRES INTO 43 LOTS FOR THE PURPOSES OF RESIDENTIAL DEVELOPMENT IN THE LOW-MEDIUM RESIDENTIAL DISTRICT, ETIWANDA SPECIFIC PLAN (SOUTH OVERLAY AND ETIWANDA AVENUE OVERLAY DISTRICTS), LOCATED AT THE SOUTHEAST CORNER OF ETIWANDA AND MILLER AVENUES; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-131-01. A. Recitals. 1. Albert A. Webb Associates, on behalf of Anthony Vernola, filed an application for the approval of Tentative Parcel Map SUBTT18466, as described in the title ofthis Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 10th day of_December 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the • City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on December 10, 2008, including written and oral staff reports, togetherwith publictestimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel of about 417,300 square feet (g.56 acres) in the Low-Medium (LM) Residential District within the Etiwanda Specific Plan (South Overlay), located at the southeast corner of Etiwanda and Miller Avenues: and b. The project site is a square parcel with dimensions of about 660 feet (north-to-south) by about 660 feet (east-to-west); and c. To the north and south are single-family residences, to the east is Perdew Elementary School, and across the street is an apartment complex. The zoning of the property and all surrounding properties to the~east, north, and south is Low-Medium (LM) Residential District and the property to the west is zoned Medium (M)-Residential District. All properties are within the Etiwanda Specific, Plan (South Overlay); and d. Portions of the subject property and surrounding properties that are within about 200 feet of Etiwanda Avenue are also within the Etiwanda Avenue Overlay and are subject to special development • standards as described in the Etiwanda Specific Plan;, and e. The site is vacant and formerly was a vineyard. Other vegetation on-site includes short grasses and shrubs; and ~t-~S PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466-ALBERTA. WEBBASSOCIATES December 10, 2008 Page 2 , f. The application contemplates the subdivision of the subject parcel into 43 lots for single-family residential development. The applicant does not intend to construct the homes at this time; and g. Individual lot areas will range between 5,500 square feet to 19,403 square feet with an average of 7,418 square feet (these dimensions exceed the minimum of 5,000 square feet with a minimum average of 8,000 square feet), the depth of each lot will be at least 90 feet, and the width of each lot will be at least 50 feet (with 50 percent of these lots having a minimum width of 55 feet); and h. As the applicant has not submitted any applications to develop the site, any proposals for construction of residential structures on these parcels will be subject to review and action by the Planning Commission at a later date. These parcels will remain vacant until then; and i. All lots will have access to a public right-of-way. The applicant will.construct new streets and all lots will have direct driveway access. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The Tentative Tract Map is consistent with the General Plan, Development Code, and any applicable specific plans; and \J b. The design or improvements of the Tentative Tract Map is consistent with the General Plan, Development Code, and the Etiwanda Specific Plan; and • c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Tract Map is not likely to cause serious public health problems; and f. The design of the Tentative Tract Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study,. City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all • comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared incompliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a .A -tp ~p PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466-ALBERTA. WEBBASSOCIATES December 10, 2008 Page 3 r~ ~J significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5, the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The site has been previously disced and weed abated. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) 5. The custodian of records forthe Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga- . located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 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 is for the subdivision of a single parcel (APN: 1100-131-01) of about 417,300 square feet (9.56 acres) at the southeast corner of Etiwanda and Miller Avenues into 43 separate parcels. 2) Development of all lots shall be in accordance with the standards and requirements applicable to the Low-Medium Residential District, Etiwanda Specific Plan (South Overlay) as described in Figure 5-3 Basic Development Standards of the Etiwanda Specific Plan. 3) Lots 20, 21, 37, and 38 shall also be developed in accordance with the standards and requirements applicable to properties within Etiwanda Specific Plan (Etiwanda Avenue Overlay) as described in Figure 5-3 Basic Development Standards of the Etiwanda Specific Plan. 4) Prior to recordation of the Final Map, a Conditional Use Permit application, as required by Section 5.25.303 of the Etiwanda Specific Plan, shall be submitted for review and action by the Planning Commission. • 5) All setback lines shall be shown on the Final Map. a-~1 PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466-ALBERTA. WEBBASSOCIATES December 10, 2008 Page 4 6) Lots 20, 21_, and 37 through 43 shall adhere to the side yard requirements (20-foot minimum) as indicated in the sound study prepared by Albert A. Webb Associates, Figure 3. The outdoor protected areas located in the east side yards of these lots shall be shown on the Final Map. A deed restriction shall be recorded in the Covenants, Conditions, and Restrictions (CC&Rs) documenting that the construction of enclosed structures of any kind is prohibited in these areas. 7) For sound mitigation purposes, Lot 38 shall not be subdivided and remain as shown on Tentative Tract SUBTT18466. The Final Tract Map and a deed restriction shall be recorded in the CC&Rs documenting that Lot 38 shall be precluded from future land subdivisions. 8) When house product is submitted, a sound study shall be conducted to analyze the adequacy of house blocking for sound attenuation purposes for the protected areas for Lots 20, 21, and 37 through 43. 9) When house product is submitted at a future date, an interior noise analysis shall be prepared by an acoustical engineer to assess any necessary construction materials and STC window rating requirements in orderto achieve the required 45dBA interior rating. 10) The developer shall include a disclosure to all prospective buyers indicating that under extreme circumstances, noise levels could exceed the City's standard because of the proximity of the I-15 Freeway. The final wording of the disclosure shall be subject to City Attorney and Planning Director review and approval. 11) All walls (including wall/fence combinations) shall be limited to a maximum height of 6 feet. If it is determined that walls in excess of 6 feet are required, then a Minor Exception or Variance shall, be submitted for review by the Planning Director and/or Planning Commission priorto construction ofthe walls. 12) Double-wall/fence conditions shall be eliminated, if possible: a) The applicant shall contact the administration at Perdew Elementary School to obtain permission to remove the existing chain link fence that is currently along the east property line. b) The applicant shall coordinate with the property owners to the south any activity relating to new wall construction (or protection of the existing wall) along the common property line. 13) Stone curbing shall be provided at Etiwanda Avenue, or shall be restored or reconstructed (if it already exists), in conformance with adopted City standards acceptable to the Historic Preservation Commission. The design of the curb and construction details shall be provided prior to approval of the Street Improvement Plans. • a-~~ PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466-ALBERTA. WEBBASSOCIATES December 10, 2008 • Page 5 14) Enhanced landscaping shall be provided at the northwest corner of the project site, immediately adjacent to the intersection of Etiwanda and Miller Avenues. The applicant shall coordinate with Caltrans the development of a Landscape Plan and forward it to the City for review and approval prior to Final Map recordation. Engineering Department 1) Etiwanda Avenue frontage improvements are to be in accordance with City "Secondary Arterial" standards and Etiwanda Specific Plan Figure 5-23, including: a) Provide cobble curb and gutter, 5-foot wide property line adjacent sidewalk, and street pavement to join existing pavement to satisfaction of the City Engineer. b) Provide 9500 Lumen HPSV streetlights and street trees in accordance with City requirements. c) .Protect existing traffic signal equipment. d) Protect existing, if possible, or provide traffic signing and striping including R26 "No Stopping" signs as required. • e) Provide a Class II Bike Lane along the Etiwanda Avenue frontage. f) There shall be no driveway access to Etiwanda Avenue. g) Access ramps shall be provided where missing for the whole intersection of Etiwanda Avenue and Miller Avenue/Church Street intersection. h) Provide access ramp(s) at the south east corner of Etiwanda and Miller. Avenues. 2) Etiwanda Avenue improvements and traffic stripping are to transition from the south tract boundary to the south median nose of the I-15 Freeway overpass. 3) Miller Avenue frontage improvements are to be in accordance with the City "Secondary Arterial "standards and Etiwanda Specific Plan-Figure 5-29, as required, including: a) Provide curb and gutter, property line adjacent sidewalk, and street pavement to join existing pavement to satisfaction of the City Engineer. b) Provide 9500 Lumen HPSV streetlights and street trees in accordance with City requirements. c) There shall be no driveway access to Miller Avenue. d) Protect existing traffic signal equipment. • e) Protect existing, if possible, or provide traffic signing and striping including R 26(s) "No Stopping" signs as required. R-~`~ PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466 -ALBERT A. WEBB ASSOCIATES December 10, 2008 Page 6 4) . Internal streets are to be improved in accordance with City "Local Street" standards, as required, including: a) Provide curb, gutter, drive approaches, property line adjacent sidewalk, and asphalt pavement as required. All drive approaches shall be in accordance with City Driveway Policy. b) Provide 5800 Lumen HPSV streetlights and street trees in accordance with City requirements. c) Provide traffic signage and striping as required. d) Provide street knuckle and cul-de-sac per City Standards 110 and 111, respectively. Access ramps shall be provided at all intersections (excluding knuckles). 5) Vertical curves on Local Street are required for all grade breaks greater than 50 percent per City Street Design Policy. Adjust on-site grading as needed. 6) The Etiwanda School District has installed a private storm drain through their site to join an existing local storm drain in Margaux Place (located in Tract 15711), which also collects undeveloped runoff from the subject property. The developer of Tract 18466 shall replace the private storm drain with a public facility and extend it on-site, in addition to paying drainage fees for Area 9 of the Etiwanda/San Sevaine Area Drainage Policy. a) All sump catch basins and laterals shall be designed to handle 010°. b) Extend the local storm drain system as far on-site as needed to contain Ozs within tops of curbs, 010° within rights-of-way and provide a 10-foot dry lane in 010. c) The cost of local storm drains shall be borne by this development with no fee credit. 7) Development within the Etiwanda/San Sevaine Drainage Area is responsible for .the City's adopted drainage fee (master plan and regional) as well as reimbursement to other development, or the City, for oversizing of local drainage facilities as determined by the City Engineer. City tees shall be paid priorto final map approval. a) For the portion of Drainage Area 9 south of Base Line Road, the Master Plan drainage fee is currently $28,800 per net acre, but subject to annual adjustment. b) For Drainage Area 9, the Regional Mainline drainage fee is $7,800 per net acre and there are no Secondary Regional fees. c) Tract 15711 has provided land for an area-wide detention basin. The owner of the land is eligible for reimbursement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.). The fair share amount has been determined to be $5,000 per acre, which shall be paid priorto building permit issuance. LJ • • A -`lo PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466 -ALBERT A. WEBB ASSOCIATES December 10, 2008 • Page 7 8) Prior to City acceptance of storm drain facilities, the developer is obligated to obtain video picture of drainage facilities as directed by the City inspector. Hard copy of video must be given to the City. 9) Water Quality Management Plan Best Management Practices (BMPs), filters, etc., shall not be placed in City catch basins. 10) Private drop inlets to accommodate grading of Lot 11 to the rear southeast corner of the lot shall be shown on storm drain plans. 11) Prepare public Landscape Maintenance District (LMD) plans for lots that "back on" to Miller Avenue (38 through 43). Perimeter wall shall be a minimum of 5 feet behind the sidewalk. Provide public landscape easement on the final map. Provide mow strips per City standards at all end limits of the LMD areas. The side yard of Lot 43 is not in the LMD. 12) Owners of Lots with Etiwanda Avenue frontage (20, 21, 37, and 38) shall maintain the proposed parkway planting area between the back of curb and the right-of-way and any sidewalk easements between lots if applicable. Install private landscaping and irrigation systems in these areas prior to public improvements being accepted by the City. Access shall be provided through walls or fences for the private maintenance of the parkway. • 13) Owners of corner side yard Lots 1, 20, 21, 28, 30, 37, 38, and 43 shall maintain their proposed parkways and the planting area between the back of sidewalk and perimeter walls. Side yard screen walls should not extend beyond the front of structures. Walls along the side yards shall be setback a minimum of 5 feet from the back of sidewalk, or as directed by the Planning Department. a) Install private landscaping and irrigation systems in the side yards along the streets prior to public improvements being accepted by the City. 14) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical) on the opposite side of Miller Avenue shall be paid to the City prior to the issuance of building permits. The fee shall be one-half the City adopted unit amount times the length from the center of Etiwanda Avenue to the east project boundary 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 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 f1-`~1 I PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466 -ALBERTA. WEBB ASSOCIATES December 10, 2008 Page 8 low-emission mobile construction equipment will be utilized, orthattheir 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 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 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.e., 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 [RWQCB]) daily to reduce Fine Particulate Matter (PM~o) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive constructiori areas that remain inactive for 96 hours or more to reduce PM~o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered • equipment where feasible. ~'`~ i~ PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466 -ALBERTA. WEBB ASSOCIATES December 10, 2008 • Page 9 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 structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. 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: • 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 archaeological heritage of the area • 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. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report offindings 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. a-~~~ PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466 -ALBERTA. WEBB ASSOCIATES December 10, 2008 Page 10 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. Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). Submit a summary report collected specimens with Country Museum. to the City of Rancho Cucamonga. Transfer a copy of the report to the San Bernardino 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 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 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 SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,p emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities 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 identifes 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) Specify the timing of grading and construction to minimize soil exposure to rainy periods 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 oroff-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. • • • (~ -'~7 4 PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466 -ALBERTA. WEBB ASSOCIATES December 10, 2008 • Page 11 3) During 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) 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 debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality .Management Plan (WOMP), prepared by Albert A. Webb Associates, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) 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. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineerfor 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 in June 2004. 8) Priorto 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 Permit. Noise 1) A 6-foot high masonry wall shall be constructed along the Miller Avenue frontage for Lots 39 through 43. 2) Lots 20, 21, and 37 through 43 shall adhere to the side yard requirements (20-foot minimum) as indicated in the sound study prepared by Albert A. Webb Associates, Figure 3. 3) When house product is submitted at a future date, an interior noise analysis shall be prepared by an acoustical engineer to assess any necessary construction materials and STC window rating requirements in order to achieve • the required 45dBA interior rating. ~-~5 PLANNING COMMISSION RESOLUTION NO. 08-67 SUBTT18466-ALBERTA. WEBBASSOCIATES December 10, 2008 Page 12 • 4) 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. 5) 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. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building 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 with above noise standards or halted. 6) The perimeter block wall shall be constructed as early as possible in the first phase. 7) 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Richard B. Fletcher, Chairman James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of December 2008, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: ~" 1~7 • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM • u Project File No.: Tentative Tract Map SUBTT18466 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheabove-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 project. 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. recommendations by those responsible for the program. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to ,compliance procedures may. be necessary based upon Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, 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. 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 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 q-71 MITIGATION MONITORING PROGRAM TENTATIVE TRACT MAP SUBTT18466 -ALBERT A. W EBB ASSOCIATES Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined bythe project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project 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 monitoring will be signed off as completed by the project 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 project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will 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 authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued. The project 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 project 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 project 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 requiring long-term project 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 individual qualified to know whether the particular mitigation measure has been implemented. 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'~ N 'D O C cd y d ~N 7 7 7- - d O ro s N O O N L V« J ro C~ U y .-- a C UD vl N N N N L y F N 7 O C C ro O C t6 ro C~ O L N = L C L (6 a U N .- ._ ... YI C 0 .~ .> v a Q N Y V d r U O d Y ~' oW COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE TRACT MAP SUBTT18466 SUBJECT: TENTATIVE TRACT MAP APPLICANT: ALBERT A. WEBB ASSOCIATES (ON BEHALF OF ANTHONY VERN LOCATION: SOUTHEAST CORNER OF ETIWANDA AND MILLER AVENUES - APN: 1100-131-01 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 Completion Date • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at 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 OS-67, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary priorto the Planning Commission or Planning Director hearing' a) Mitigated Negative Declaration - $ 1,926.75 B. Time Limits 1. This tentative tract 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. • -~~ Project No. SUBTT~8466 Comolehon Date 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. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 4. 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. 5. 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. 6. Street names shall be submitted for Planning Director review and approval in accordance with the ~_/_ adopted Street Naming Policy prior to approval of the final map. 7. 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 Planning Director and City Engineer review and approved prior to the issuance of building permits. 8. The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for communityconcerns, hours of construction • activity, dust control measures, and security fencing. 9. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall ~_/_ condition would result, the developer shall make a good faith effort to work with the adjoining 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. 10. For residential development, return walls and corner side walls shall be decorative masonry. _/_/_ 11. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The ~_/_ 5-foot 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 Planning Director 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 Planning Director, prior to accepting a cash deposit on any property. 12. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured _/_/_ products. D. Landscaping 1. 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. • ~~~ Project No. SUBTT18466 Comoletion Date 2. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and • coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 3. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 4. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department. E. Environmental 1. The developer shall provide each prospective buyer written notice of the 210 and I-15 Freeways in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 2. Noise levels shall be monitored after construction to verify the adequacy of the mitigation measures. Noise levels shall be monitored by actual noise level readings taken on- and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 3. A final acoustical report shall be submitted for Planning Director 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 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. • 4. 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 & Satety Department prior to final occupancy release of the affected homes. 5. Mitigation measures are required 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 Planning Director in the amount of $ 557 prior to the issuance of building 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 statf 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 forteit. 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) F. General Requirements Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; • c. Floor Plan; -/-/ -/-/- -/-/- -/-/- -/-/- -/-/ ~~- -/-/- -/-/- 3 ~ -~9 Project No. SUBTT78466 Completion Date d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; • f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (SUBTT18466) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required 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 required for fencing and/or walls. _/_/_ 5. Developers wishing to participate 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 project file number (SUBTT18466). 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. Prior to issuance of building permits for a new residential 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, 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. 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. H. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering 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. _/_/_ I. 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. -~ ~ Project No. SUBTT18466 Comcletion Date 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 prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): Varies 50 to 65 total feet on Etiwanda Avenue. Varies 44 to 54 total feet on Miller Avenue. 2. Corner property line cutoffs shall be dedicated per City Standards. 3. All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the final map. ~. 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 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. 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 Troll Other Miller Avenue X X X X X Etiwanda Avenue X X X X X X Interior Tract Streets X 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 -~-~- -~-~- -~-~- -~-~ -~-~- -~-~- -/~- -~-~- -~-~- / / -~-~- -Q ~ Project No. SUBTT18466 Completion Date 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 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 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 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 Ciry 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. 5. 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 Planning Director 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. _/_/~ -~-~- -~-~- -~-~- -~-~- _/_/~ ~-/_ -~-~- -/~- • ~} -qa Project No. SUBTT18466 Completion Date 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_(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 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 Slze Oty. ETIWANDA AVENUE North of Foothill Boulevard Eucalyptus polyanthemos Silver Dollar Gum 5 h. 30 ft. o.c. 5-gal. FiII-in MILLER AVENUE Aligns with Church Street P.A. 8 feet or more Magnolia grandiflora NCN 8 ft. 30 it. o.c 15-gal. Fill-in "Majestic Beauty" P.A. less than 8 tt. Magnolia grantliflora NCN 3 ft. 20 ft. o.c. 15-gal. Fill-in "St. Mary" 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 subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. A permit shall be obtained from Caltrans for any work within the following right of-way: I-15 Freeway. 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 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: Miller Avenue at the northwest corner of Etiwanda and Miller Avenues. 2. Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or other acceptable non-irrigated surtaces. Provide mow strips and concrete header between all LMD areas and private yard maintenance areas. 3. 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 flrst. 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. 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 building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. -~-~- -~-~- -~-~- -~-~- _~_/. -~_~. _/_/ ~-q3 Projec t No. SUBTT18466 Completion Date 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 overflows in the event of a blockage in a _/_/~ sump catch basin on the public street, and provisions made to pass through walls. N. 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 required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. _//_ Approval of the final parcel map will be subject to any requirements that may be received from them. O. 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 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 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 project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • -°1 `~ -' ~~,~„~ : Rancho Cucamonga Fire Protection District - Fire Construction Services ~~ , STANDARD CONDITIONS March 22, 2007 Vernola Trust Residential Subdivision (45) SFR Lots SUBTT18466 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. Annexation of the parcel map Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits. Start the process as soon as Possible. Please obtain the required forms and instructions by contacting Janet Walker at the Fire Safety Office (909) 477-2770 ext. 3003; failure to annex will result in grading and construction delays. • FSC-1 Public and Private Water Supply 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 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: 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. 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 District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until firewater 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. ~ -q~ 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. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 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. 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 Standazd #9-8 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 withess 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. 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standazd #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 3. 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: 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. 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 ~'q1P THE C I T Y O F RAN~CI10 CUCAMONGA~ Staff Report DATE: December 10, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, Planning Director BY: Daniel Correa, Assistant Planner SUBJECT: CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) - An appeal of a Planning Director decision to deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue - APN: 0229-341-23. • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Industrial Park, (Subarea 12) South - City of Ontario, California, Commercial/Retail East - Industrial Park, (Subarea 12) West - Mixed-Use, (Subarea 18) B. General Plan Designations: Project Site -Industrial Park _ North - Industrial Park South - City of Ontario, California, Commercial/Retail East - Industrial Park West - Mixed-Use BACKGROUND: The applicant proposed to operate aconvenience/liquor market at the Town Place Square shopping center. The proposed convenience/liquor market would consist of a customer counter, storage rooms, shelves and miscellaneous product freezers with square footages indicated as follows: Customer Counter: a. Candy, walnuts, and other small packaged foods: 35 cubic feet 2. Storage room: • a. All non-refrigerated products stored: 604.76 cubic feet b. Walk-in cooler; i.e., refrigerator: 1,949.42 cubic feet ITEM B PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 2 3. Wine, liquor, and non-alcoholic beverages to placed upon the sideboard shelves: a. Liquor: 28 cubic feet b. Non-alcoholic beverages: 12 cubic feet c. Wines (2 sideboards): 240 cubic feet 4. Coolers: a. Wine: 192.36 cubic feet b. Beer: 315 cubic feet c. Soda and water: 588 cubic feet d. Sandwiches and meat: 105 cubic feet 5. Ice box: 84 cubic feet 6. Ice cream freezers: 96 cubic feet • 7. Four general item shelves: • Items consist of household items, canned and dry goods, health and beauty supplies, confections, and school supplies: 768 cubic feet 8. One restroom and one mop-sink room: 725.55 cubic feet Total cubic floor area: 37 percent will be reserved for alcoholic beverages and 63 percent will be reserved for general market items. Site Characteristics: The Milliken Market store will be located on a 7.01-acre commercial/retail center at the northeast corner of Milliken Avenue and 4th Street. The proposed market, with liquor sales, will have a floor area of approximately 1,950 square feet, and it will occupy one of the six units on the pad. The other units are commercial/retail and professional office uses, such as a dentist office, financial services office, dry cleaner, nail salon, and an orthopedic foot service. Hours of Operation: The business proposes to be open 7 days a week, Monday through Thursday and on Sundays, 8:00 a.m. to 10:00 p.m., Friday and Saturday, 8:00 a.m. to 11:00 p.m. The proposed business hours are consistent with the usual retail work hours. There will be two employees during business hours at all times and no employee will be under 21 years of age. • ~~ PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET • December 10, 2008 Page 3 Findings: Development Code Section 17.10.030 allows, under a Conditional Use Permit and in accordance with the State of California, Department of Alcoholic Beverage Control (ABC), a liquor store use for the general sale of alcoholic beverages and distilled spirits (ABC, Type 21 License, off-site consumption) in the Industrial Park District (Subarea 12). However, according to ABC, Census Tract 0021 is overly saturated with distilled spirits sales in the general geographic area where the proposed liquor store will be located. ABC confirmed that currently there are 36 active liquor licenses within the City of Rancho Cucamonga. The census tract allotment for this area is 16; therefore, it is over by 20 liquor licenses. The boundaries of Census Tract 0021 is as follows: The northeast corner of Grove Avenue and Foothill Boulevard, east to Rochester Avenue; south to 4th Street, (City limits); west to Archibald Avenue; north to 8th Street; west to Grove Avenue, (City limits); and north to Foothill Boulevard (Exhibit B). This census tract to the west also encompasses part of the City of Upland and to the south, part of the City of Ontario. Staff informed the applicant that his proposed market location is overly saturated with liquor licenses; therefore, the Planning Department will not support an additional Type 21 Liquor License in Census Tract 0021. Applicant's Appeal: • The applicant states in his Letter of Appeal that the proposed use (under Type 21 Liquor License) is less impacted than what Census Tract 0021 indicates. He also mentions that ABC does not make a distinction among the liquor license holders in Census Tract 0021. Furthermore, the applicant argues that, while there are a total of 35 (originally there were 36 Type 47 Licenses in Census Tract 0021; however, one licensee closed his liquor business) active liquor licenses. The licenses, nevertheless, consist of a large variety; they are not all Type 21 Licenses. The applicant points out that there are only 12 that are comparable to what is proposed, which is selling distilled spirits under a Type 21 Liquor License. Two of these comparable uses (i.e., Type 21) are located outside of the City of Rancho Cucamonga. One is located in the City of Upland, the other in the City of Ontario. The remaining 23 business uses are Type 20 Licenses (beer and wine only) sales. The majority of the Type 20 License holders; i.e., sales are at automotive gas stations. The applicant contends that establishing a business of this nature would be an excellent addition to the Town Plaza Shopping Center. Moreover, the applicant feels that it would generate more business to the vicinity. The applicant states that launching this type of business in this depressed economy would boost sales to the surrounding businesses because it would bring about a broad customer base. This then strengthens the sales of the shopping center and overall vicinity and keeping the center financially sound. Additionally, the applicant argues that only 3 of the Type 21 Licenses are located within two miles of the proposed location. Of the Type 20 Licenses, only 5 are located within one mile and only 4 are located within two miles. The remaining 23 of the 35 are located further than two miles. Moreover, as is shown on the map (Exhibit B), in one area, 15 of the businesses are located within one mile of each other. The • remaining are over two miles from the subject location. !'~ - 3 PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 4 For further information, see the attached map (Exhibit B) and list (Exhibit C) outlining all businesses where alcoholic beverages and distilled spirits are sold in the Census Tract 0021. (Alcoholic Beverage Control, Type 21 License, off-site consumption) ANALYSIS: Staff recommended the denial of the applicant's request for a liquor store on August 25, 2008, and for a convenience store with sales of distilled spirits on October 23, 2008, for the following reasons: u According to the California Department of Alcohol Beverage Control guidelines, most of the census tracts within the City of Rancho Cucamonga have reached or surpassed saturation levels. An over saturation of liquor licenses will affect the quality of life in that specific vicinity; in this case, Census Tract 0021. If the issuances of liquor licenses are not controlled, such conditions can threaten public health and safety, which will reduce the quality of life in the immediate and surrounding vicinities. The census tracts are established by the U.S. Census Bureau, using local committees. The Bureau defines a census tract as "a small, relatively permanent statistical subdivision of a county delineated by a local committee of census data users for the purpose of presenting data... designed to be relatively homogenous units with respect to population characteristics, economic status, and living conditions at the same of establishment, census tracts average about 4,000 inhabitants." Thus, the key facts of census tracts are: • Census tracts are small, relatively permanent statistical subdivisions of a county or statistically • equivalent entity. The primary purpose of census tracts is to provide a stable set of geographic units for the presentation of decennial census data. • Census tracts in the United States, (Puerto Rico and the Virgin Islands of the United States) generally have between 1,500 and 8,000 people, with an optimum size of 4,000 people. Census tracts are designed to be relatively homogeneous with respect to population characteristics, economic status, and living conditions. The authority to deny an applicant the request to sell distilled spirits is found in the California Business and Profession Code, Section: 23958.4, Sub-sections "a" and "a,(3)": a: For purposes of Section 23952, "undue concentration" means the case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: a(3): As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. Furthermore, a referral will be made to the local government by ABC in cases where ABC determines that there is an undue concentration of similar liquor licenses in the area for which an application fora • new license (or a license transfer) has been made. The State of California Liquor Authority has given local government the authority to control the sales of alcoholic beverages. Based on this authority and ~-4 PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET • December 10, 2008 Page 5 after reviewing Census Tract 0021, staff determined that it is oversaturated with liquor licenses. Consequently, based on this information the Planning Director determined that a convenience market with sales of distilled spirits (Type 21 Liquor License) would be detrimental to the health and safety of the vicinity and overall community for the following reasons: 1. The proposed convenience market with sales of distilled spirits is not consistent with the General Plan, Chapter V. Maintaining Public Health and Safety, Section 1.2.7.2, Crime Prevention, of the General Plan: "Long range planning is key to maintaining the level of public safety our citizen's desire." The long term goals of the Rancho Cucamonga Police Department include: Maintaining the current high level of services being provided, despite population and territorial growth.... There is a potential of increased crime with additional sales of distilled spirits that are geographically close in an overly saturated area. This type of proposed business has the potential of putting an additional burden on the patrol officers by taking up their time to maintain an orderly environment at the cost of depriving the rest of the City of adequate police services and patrol. 2. The proposed convenience market with sales of distilled spirits is not in accordance with the • objectives of the Development Code. Chapter 17.30 (Industrial Districts) of the Development Code outlines the conditions under which specific businesses are approved. A major objective of this Chapter is to put the goals of the General Plan into action. Section 17.30.O10.A.6 of this Chapter lists the criteria to be used in reviewing the proposed business use. Subsection A.6 states: When considering the appropriateness of a business, the "land uses shall be organized to avoid creating nuisances among adjacent land uses." The proposed market with sales of distilled spirits is in direct conflict with this criterion and the goals set forth in the General Plan. In staff's analysis, permitting an additional market with sales of distilled spirits will elevate the potential for increased crime and undesirable (human) behavior, which could have a direct conflict with the intent of Section 17.30.010.0.5 of the Development Code, which states: "provide a safe and healthy environment for workers, including adequate levels of police and fire protection." The intent of this section is to scrutinize and limit the number and extent of liquor sales businesses to avoid the possibility of creating a criminal element or environment. This is accomplished by regulating the amount of the aforesaid type of business. This would then attenuate public safety concentrated on one specific business to keep peace and order, at the cost of neglecting the general citizens' safety by failing to provide adequate patrol. This would result in potentially increased crime in other parts of the City. Permitting additional sales of distilled spirits would be in conflict with this section of the Development Code. 3. The proposed markeUliquor store, together with the conditions applicable thereto, will be detrimental to the quality of life and injurious to properties or improvements in the vicinity. An additional market with sales of distilled spirits will only create a negative effect to the immediate • vicinity and overall community. Section 17.30.010 of the Development Code states that the purpose of the regulations in Chapter 17.30 is to "regulate the establishment of proposed uses and thereby protect the public health, safety, general welfare and quality of life in Rancho Cucamonga." Without complying with the Urban Design Goal and/or criteria outlined in Chapter 17.30, staff can g- PLANNING COMMISSION STAFF REPORT DRC2008-00616 - MILLIKEN MARKET December 10, 2008 Page 6 • only find that the proposed market liquor store will be detrimental to the properties and improvements in the vicinity of the community. 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 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission deny the appeal of the applicant and uphold the Planning Director's decision to deny Conditional Use Permit DRC2008-00616. Resp cffully submitted, . ~~ Jam s R. Troyer, AICP Plan g Director JT:TV/ge Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Draft Resol - Appellant's Letter of Appeal and Addendum dated September 2, 2008, and September 24, 2008 - Applicant's Exhibit, Census Tract 0021 and Key • - Applicant's Exhibit, Active Liquor License List - Statement of Operation, October 20, 2008 - Site Plan - Floor Plan - Planning Director's Letters of Denial dated August 25, 2008, and October 23, 2008 - Memo from the Randio Cucamonga Pdi~ Deparfrrierrt dated Deoember4, 2008 ution to Deny Appeal for Conditional Use Permit DRC2008-00616 • ~ ` ~0 . ~W~ INarkefplace ?i~G`PcK~!= • September 2, 2008 Mr. James Troyer Planning Director The City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 9172 /_ RE: DRC2008-00616 - LETTER OF APPEAL IN REPONSE TO DENIAL OF CONDITIONAL USE PERMIT (NON-CONSTRUCTION) -MILLIKEN LIQUOR - TO OPERATE LIQUOR STORE ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4T" STREET, WITHIN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, AT 9635 MILLIKEN AVENUE - APN: 0229-341-23 Dear Mr Troyer: This letter shall serve as notice of our appeal of the City of Rancho Cucamonga's denial of a Conditional Use Permit for the above referenced application dated August 25, 2008. • We would appreciate your consideration of reversing your initial denial based upon the following reasons. Attached is a map (Exhibit "A") and a list (Exhibit "B") outlining all businesses where alcoholic beverages and distilled spirits are sold in the Census Tract 0021 (Alcoholic Beverage Control, Type 21 License, off-site consumption). Of the thirty-five (35) businesses only twelve (12) are a comparable use to what is proposed which sell hard alcohol. Two (2) of these comparable uses (TYPE 21) are located outside of Rancho Cucamonga (one in Ontario and one in Upland). All other twenty-three (23) businesses are uses selling only beer and/or wine (TYPE 20) a majority of are automotive (gas station). Furthermore only three (3) of the TYPE 21 are located within two (2) miles of the proposed location. Of the TYPE 20, only five (5) are located within one (1) mile and only four (4) more are located within two (2) miles. The other twenty-three (23) of the thirty- five (35) are located further than two (2) miles away. As is shown on the map in one area fifteen (15) of the business are located within a one mile diameter and all of which are over two (2) miles away from the proposed location. It is our contention that the location proposed is not overly saturated for this use and either the initial denial should be reversed or it should be approved under Public Convenience or Necessity Determination. On a side note, Mr. Nidal Saman, who filed this application, has owned and operated a • comparable business in the City of Rancho Cucamonga for over fourteen (14) years. He has a strong track record of running a clean store and a family business. He is also on a EXH1B11' A 18231 Irvine Boulevard, Suite 201 Tustin, CA 92780 irk 714.731.8880 ~aa 714.730.3525 nee www.mppro perties.com ~' frst name basis with a great deal of his customers. Marketplace Properties is excited to • add him as a tenant at Town Place Square because of this track record and the following he brings with him. We appreciate your reconsideration of this issue. Please call me with any questions. Sincerely, MA~ PROPERTIES J. Casey Rue Vice President Cc: Michael M. Rue, Marketplace Properties Nidal Saman Alan Burns Esq., Harper & Burns • l J ~ 'g r Mar_ketpla_ ce ~~~ n !t r :T 4r' it rr4"t: i' ~ Pl I ~ - u • September 24, 2008 Mr. James Troyer Planning Director The City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91729 RE: DRC2008-00616 -SUPPLEMENT TO LETTER OF APPEAL - CONDITIONAL USE PERMIT (NON-CONSTRUCTION) -MILLIKEN MARKET -SALE OF ALCOHOLIC BEVERAGES FOR OFFSITE CONSUMPTION (TYPE 21) ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4T" STREET, WITHIN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, AT 9635 MILLIKEN AVENUE - APN: 0229-341-23 Dear Mr Troyer, • Thank you again for your time on Tuesday, September 2, meeting with Mr. Samaan and myself regarding our Appeal and Request for a Public Convenience or Necessity Determination for the above referenced application. Due to the short notice to file an appeal and in my haste, I made some minor errors in the map (Exhibit "A") that was submitted. Attached is the revised map and revised list (Exhibit "B") outlining all businesses where alcoholic beverages and distilled spirits are sold in the Census Tract 0021 for offsite consumption. These exhibits along with this letter are to supplement our initial appeal letter. Also to be certain the data used is correct for both exhibits, all data was obtained from the Alcoholic Beverage Control (ABC) office in Riverside. The map has also been revised to show all hotels within aone-mile radius. There are currently nine hotels and soon to be ten with the addition of the Westin at Piedmonte. This equates to over 1,000 hotel rooms within one mile of the site (most being within easy walking distance.) We feel this is important to note because a major portion of Mr. Samaan's store will cater to these hotel guests. His store will not only sell alcoholic beverages, but also a large variety of items such as milk, cheese, eggs, cold cuts, produce, canned foods and toiletries etc. Overall he intends to use half of his sales floor for the sale of these types of items. He has also revised his business name from "Milliken Liquor" to "Milliken Market" to help convey the larger variety of his product mix. Currently there are no "like" uses within two miles of this location. As is shown on the map the vast majority (eleven out of twelve) of the businesses with type 20 or 21 • licenses within two miles are either gas stations or big box retailers. This total includes Fresh & Easy market and Target, which just recently obtained approvals for their 18231 Irvine Boulevard, Suite 201 Tus^n, CA 92780 trt 714.731.6888 ;a. 714.730.3525 v.en www.mpproperties.com Pj-9 Conditional Use Permits. We also just learned that Stadium Liquor & Deli, located at the • corner of Foothill and Rochester, recently closed. This brings the total of "like" uses within Census Tract 0021 down to just eight and makes the closest like use to this location nearly three miles away. Other important factors to note are the closest school is approximately 1.5 miles away and the closest church/place of worship is over a mile away. There is also a California Highway Patrol Station almost adjacent to the property. On a side note, we believe having a business of this nature would be an excellent addition to our shopping center and will help bring more traffic for all of the nearby businesses. This is greatly needed as our tenant sales and leasing efforts have been greatly impacted during this current economic slowdown. Bringing good strategic uses, such as this one, into our center will help strengthen everyone's business by generating more customer traffic to the center and keep the shopping center healthy. Our contention is that this should be approved as a Public Convenience or Necessity Determination. Of the "like" uses to what is proposed, ALL are well-over two miles from this location. This area is not overly saturated for this use. And again, Alex Samoan is the perfect operator for Milliken Market at this location. His track record is impeccable as you can see for yourself. He has owned and operated a comparable business in the City of Rancho Cucamonga for over fourteen years and has a history of running a clean store and a family business. We appreciate your consideration of this issue. Please call me with any questions. • Sincerely, MARKETPLACE PROPERTIES J. Casey Rue Vice President Cc: Michael M. Rue, Marketplace Properties Nidal Samoan Alan Burns Esq., Harper & Burns • ~ - ~O °.v ea 3 may ~@ -i oe wn ^-~y nnneouu ~ ~ ~~ I I o~~QnsN e N s ,e I J ~~ ,~~ ~~ ~~€@ ° ~Q ~~ ; ;~a. ~ 1 a _ '~ ~ o _ nxrs ~ »:~.. flo~"~~ d o I »,~ 4 ` ,mot ~"ae ~~ ~ #~ ~ ~ i air I ~ f,e ~ o ~ E~ ~ d ..,,w,. ,,~~~u F ~ I p Q -_i f o Y mwx . ~_ r, _o_~ ,Ann _ _g S a 3 r ~` s2 ~._ ff r .w~ n~,x Y ~ "a I ~ NO ~i f~. a eJ 8 J y~ ~ I x'Qw~ ~ ~m ,,. e~ ° i x\ mE"~ r~ flay C~ : W3':':~ 5c. . ~.ti O O / I ~ . ` °° ~ I 3 n FI 0-1~ 0 V ~\ w, ~ U~ } 3° ~ v*a,°hna ~ J. BICJIo 'A.v"" g2 `~ / ~ I o~x' i _ _ _ ~ ' .Nan ~''ff q3c 7 o,u ~ I..mx ~ ~;~ _a ee.__I` _3 i~s ;~mr~w, 3 ~ °~ 3eV= 4• :- r '~N3nVM ~ I 3~tl iNII. v ..__ .c a I4i I , I 6 ~F rl ~ rN ~ ® ~` A qSL ~ W .. (~ ~ ~ ~ I 'I• , 03 LL ~r9 e4' : 1L lu I .. y,,. ,w ~~iivn..~_~u : xPa iw~ u~~` 0.L U,"a+v gp~ e i ~ ~ ~ 8 ~~4 g G rl I """ "^°'~» " y.., wow ~ _ ~~ q°"'°' 3 3 ~•• _{ ..g ~° ~, ~,n. I. , 4 ~,~ ~ I ~ l___~~ ~" wawuYa ~y5 ~§ml r.-~ N p~gy ~ i3 xn~xve ma„I lax n ~~ R ~- ~ u~,~`a I ff - °,";~ylw- ~~ ' "~' _7 l 1 a f~i~ nn ~ ~ I tbn~ w.a.;x~° vj ~~w ~,noxnv sl - .c~` ~)'~ ~a I ue -c __ ~~ euo • i • ; '+.,EZ~ - l~/.~a~, p 9 N O CO N x~~ e - u5 :. r._ _'.. y .3.RN 41VIOVm ~NM1mN ® ~ ®~ : ' e ~.~5 x.rrv: i I i _ ' e a' ai ~ ~ x~ „~ ~ ~ ~ y N m 1.1 .. _g,c,,.n. ~3 - -. uv auwvwx .~\W~u •••o o, ~.e,nx .' I I o e Q to m a ~ .~~ i:v: i t u~ g: u..r °G 1 I ro \ m N G n u s ~~ ~" ~ ~ _ s '° " ` N a~~ ,J,,,;~ :~:_, '~ /W~ ,,FAAA _ ~ ,. .i ~ ~ I..IL »a nR° a =f.v a.rov. .. ~' n `v f C N z z tt ~ ~ ~~;~ .ad ~ 35g ` ~e ®/~ l a =~ ~o°y~ - sl ~' '- I N ~ ~ cn U U VIQ 3 i ~ ; C •„Y ~o'~ ~ ~ vQ y.~. V.,»~M.e-""f. ': i..~ m ~.. I V ~ W ~ ~ CI 0] WO O ,w ~ _• ~a. ~a e h _ ~~^ ry, ~ ~ ~L'! Q Q U C1 2 s s ~ 4nG epeW° - for ~'x`~~ y~ ~~ `.` ° ~ M ,... ° °`°9°~ ~;~ o x- a Y.:Y,a a. O N ~ ~ O .l.^` ~ d- ~ _ -- n ., ..,. a pp Q J /~ .°~'. P ~ 6 mi ~ 8 ' nr$~rQ•nn~ I`g o'„ s~au m g 0 •~ l~' i ~~iL3an,. a~.~, . e~~~.~.~°~,~ p~~,k ^anyx~.,~ Q ~ W ~, ° _ ~. ,v~.\ =1 x~ N l >` o ~$ v aNSVew e W _~~ ~ . s~3 ~,w ~-~~ EXHIBff "B" Wine Rack, Spirits and More - DRC2008-00616 Census Tract 0021 -Type 21 License List Ma Notation: T :Business Name/Descri tion: Address: Staves: License No.: • A 21 Sam's Club 951 N. Milliken Ave. Active 371428 Ontario, CA 91764 B 21 Costco 11800 4th St. Active 384362 Rancho Cucamonga, CA 91730 «`T~~;wC.:_ ~,_- ~ 21 Stadium Liquor & Deli 11897 Foothill Blvd. Active 328590 Rancho Cucamonga, CA 91730 CLOSED ~__" '-'r,D.y f' ~ ; 21 Discount Liquor Warehouse 10277 Foothill Blvd. Active 400059 _ , ., Rancho Cucamonga, CA 91730 -.~_e~-.•=-•~ -~ r~'=~~'E°~;~ =~ ;~ 21 Drive N'Shop 1008 Arrow Rte. Active 176035 Rancho Cucamonga, CA 91730 '~~,`~°~`.F:<`~,~'rv~ 21 Neighborhood Market & Deli 8880 Archibald Ave. Active 255181 Rancho Cucamonga, CA 91730 "~"~a~ ~`~G~'~~`'~l ~~r 3 ~ *:. :• v r z~ 21 Arrow Plaza Market 9755 Arrow Rte. Active 371440 , . ~ __: : ~ ~ _~ Rancho Cucamonga, CA 91730 ~t`;;~wt~~~H,~;~>.a~°';~,j 21 Liquor Store 9849 Foothill Blvd. Active 434736 Rancho Cucamonga, CA 91730 • ~~~V';~I~~„=~;,~1 21 Carl's Liquor Store 9677 Foothill Blvd. Active 315519 Rancho Cucamonga, CA 91730 ~''~~s`~'.J ~~z.+ 21 AI's Liquor & Deli 8939 Foothill Blvd. Active 443064 Rancho Cucamonga, CA 91730 ,''~.°~ ~'uK_ _:_~3 21 Arrow & Grove Market 8114 Arrow Rte. Active ~ 343852 Rancho Cucamonga, CA 91730 '-~ ~` ~-L" "=~ ~ 21 Ruben's Tacos 175 Grove Ave. Active 394376 ~r,~~.._._ ----' Upland, CA 91786 ~^ -tor:=.>`.~: ~~ ~ ~ = Over two miles from proposed location EXHIBIT C ~ 4 ~ i a, EXHIBfT nBn Wine Rack, Spirits and More - DRC2008-00616 Census Tract 0021 -Type 20 License List 1 20 Target 2 20 Cost Plus 3 20 Arco Gas Station 4 20 Chevron Gas Station 5 20 Shell Gas Station 6 20 Cherony's Defi 7 20 Crossroads Mobil Auto Service • 8 20 Fresh N' Easy 9 20 Chevron Gas Station Car Wash »~~~,°~]~Q$~'~~ 20 JLS Gas Station F,~~.,,~".~1..~,~~~ 20 Quick Stop Market ~.-n ~ y ~~`'~~~ 12, ~'~'~ 20 Joe 's Pizza ~? 1;3,':~`~~ 20 Winestyles ~~,~~ 1,4w,~_~~~ 20 76 Gas Station ~"~~1`5~~.~.i 20 La Paloma Market .•~_ _~;~,1~6~„=~w~~ 20 Allure Farm Dairy 4200 E. 4th St. Active 451936 Ontario, CA 91764 4421 Mills Circle Active 35281 1 Ontario, CA 91764 91 1 N. Milliken Ave. Active 386475 Ontario, CA 91764 791 N. Milliken Ave. Active 376960 Ontario, CA 91764 4675 Mills Circle Active 401006 Ontario, CA 91764 4321 Ontario Mills Pkwy. Active 428648 Ontario, CA 91764 1090 Ontario Mills Dr. Active 439160 Ontario, CA 91764 4th St. & N. Haven Ave. Pending 470026 Ontario, CA 91746 8777 Haven Ave. Active 444784 Rancho Cucamonga, CA 91730 81 18 Masi Dr. Active 440362 Rancho Cucamonga, CA 91730 10120 25th St. Active 441164 Rancho Cucamonga, CA 91730 790 N. Archilbald Ave. Active 442840 Ontario, CA 91764 8200 Haven Ave., #103 Active 439145 Rancho Cucamonga, CA 91730 10075 Arrow Rte. Active 428004 Rancho Cucamonga, CA 91730 8847 Archibald Ave. Active 434138 Rancho Cucamonga, CA 91730 8809 Archibald Ave. Active 428709 Rancho Cucamonga, CA 91730 J- ~~ EXIiIBfT nBn Wine Rack, Spirits and More - DRC2008-00616 Census Trect 0021 -Type 20 License List 20 Kwik Stop Market 9533 Foothill Blvd. Active Rancho Cucamonga, CA 91730 20 Discount Cigarettes & Market 9465 Foothill Blvd. Active Rancho Cucamonga, CA 91730 ~~r °~r t!9'G,~°}?~ 20 Liquor Store 8919 Foothill Blvd. Active Rancho Cucamonga, CA 91730 20 Mobil Gas Station 20 Chevron Station 20 Market nnw~23r~~~ q 20 Tarasco Meat Market 20 Convenient Shop 20 Sandy's Market sense No.: • 440359 464465 443067 8514 Vineyard Ave. Pending 466287 Rancho Cucamonga, CA 91730 8801 Foothill Blvd. Active 412408 Rancho Cucamonga, CA 91730 8694 Arrow Rte. Active 281881 Rancho Cucamonga, CA 91730 8161 Foothill Blvd. Active 355270 Rancho Cucamonga, CA 91730 69 Grove Ave. Upland, CA 91786 85 Grove Ave. Upland, CA 91786 .. 0 = Over one mile from proposed location = Over two miles from proposed location Active 461782 Active 419497 i3-ly- J MILLIKEN MARKET • 9635 MILLIKEN AVENUE, STE. 106 RANCHO CUCAMONGA, CA PROPOSED BUSINESS OPERATION LETTER I Nidal Samaan, owner of Milliken Market, along with my partners Lamees Samaan, and Shadi Altahhan, are planning on opening up a mini market in the location of 9635 Milliken Ave. Ste. 106. During operating hours we will be vending a total of 63% (sixty three percent) products like pre-packaged groceries, refreshments, dairy products, health & beauty supplies, snacks, canned & dried goods, sandwiches and meats, household items, school supplies, cigarettes & cigars, and the California Lottery. We will also be vending a total of 37% (thirty seven percent) Beer & wine, and distilled spirits. Our business hours will be as follows. (With two (2) employees, ages 21 and over, working at all ~mes.) I -Monday through Thursday _____________________ 8:OOam To 10:00pm -Friday and Saturday ___________________________ 8:OOam To 11:OOpm Sundays ____________________________________.8:OOam To 10:OOpm CITY OF RANGNO CUCAfNONGA OCT 2 0 200 EXHIBIT D RECEIVED -PLANNING ~-,.s I I I I 1 I }Ij III i III III ~a III 0 I I I I I I ~'g lil IL I I I 'y I I I lu I I I I I I I I I I i II III III ' III III ~ III III I I III III II III III III III III ill 1111 IIII I I I I I I I I ! i I I i i III` III I I I tltlt+t „ --- I r'F'iZ ------ -~ \ i ~FM WeCCMn4tWp(IfFw ~-- wOrc-wuOE~'Ip/tX N6A I I ~____ J -~_-=_- __ - - = ~~ - - - - - - - _-- i~_~ «. ---------- ~xisiu+c ~.ni: -----------4-THAT------ EXHIBIT E TOWN PLACE SQUAD ~I/-~ AT 4TH & MII~LII~N rn 00 _~ J u Mayor DONALD J. KURTH, M.D. Mayor Pro Tcm L. DENNIS MICHAEL Councilmembns REX GLITTERREZ SAM SPAGNOLO DUNE WILL[AMS THE CITY OF RANCHO CUCAMONGA City Mamrgn JACx tAM, AICP jZANCxo CUCAMONGA August 25, 2008 Mr. Nidal Samoan 9749 Meadow Wood, Alta Loma, CA 91737 SUBJECT: DRC2008-00616 -CONDITIONAL USE PERMIT (NON-CONSTRUCTION) - MILLIKEN LIQUOR - TO OPERATE A LIQUOR STORE ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH STREET, W (THIN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12, AT 9635 MILLIKEN AVENUE - APN: 0229-341-23. Dear Mr. Samoan: The Conditional'Use Permit process for the above-described project has been completed and the project has been denied based upon the following findings. Thank you for your participation and cooperation during this review process. Findings Development Code Section 17.10.030 allows, with an approval of a Conditional Use Permit and in accordance with the'State of California, Department of Alcoholic Beverage Control (ABC), a liquor store for general sale of alcoholic beverages and distilled spirits (Alcoholic Beverage Control, Type 21 License, off-site consumption) in the Industrial Park District Subarea 14..However, according to ABC, the Census Tract 0021 is overly saturated with distilled spirits sales in the, general geographic area where. the proposed liquor store will be located. ABC confirmed that there are 36 active liquor 'licenses at present. The alcohol census tract allotment for this area is 16; therefore, the subject area has an excess of 20 liquor licenses. The boundaries of census tract 0021 are: Northeast corner of Grove Avenue and Foothill Boulevard, northbound to Rochester Avenue; southbound to 4th Street, City limits; westbound to Archibald Avenue; northbound to 8th Street; westbound to Grove, City limits; and northbound to Foothill Boulevard, which closes the census tract 0021 perimeter. This decision shall be final following aten-day appeal period beginning with the date of this letter. Appeals must be filed in writing with the Planning Commission Secretary, state the reason for the appeal, and be accompanied by a $1,885 appeal fee. If you should have any questions, please feel free to contact Daniel Correa at (909) 477-2750. Sincerely, PLAN NG DEPARTME ~, Jam .Troyer, AICP Plan i g Director Attachment: Census Tract Map 10500 Civic Cenmr Dr. • P.O. Box 807 • Rancho Cucamonga, CA 91729-0807 • Tel 909-477-2700 • Fax 909-47]-2849 • www.ciryofraus EXHIBIT G g_ ~g r+, .. m ~ a © ~ 9 - . 1~ ~ m = 7 ~ • ..r,,.,' ~LL~ I ~ ~° QV ,~ ',.. - d. ~ k W O a{+u~ L~~ nl rl '.yv~q i.r '~~ °'t ,y7 n~~_- ~w',w...,,~. ~, '. ,, I i _ `• N ,rL i , r' w., 'Y S.. ; ' .'tl p~ ~ ~ i ..°. a. ; p ~'.p,.. ~v ~m,`4!~'a,,a, r riar ?. H~ .~~YJY', • ~w ~~'y h:: : ,:k•-;:1 ~ r t~iv ~ Y'~ ~~L J , r ~,('~ y 1 i ~ l , ~;, n ''i , ,~ ~ ~ , .~ .,. ' i .. ... _ ~_ y ,O {Ir ::l J _ _ n 'ya.• 1: -~- ^:. :' ~Z'irp A%,i oa -• -'f43j 1`:: - ~': ~: _ , - -. .~ rv ~~ ,"•NU't. !'Y.~..'ti ~.. ". ..C 1.1';•7x, •_.., :` w:i• _ - .,ii <~.g~7S.%A 1 ~' :. E'S in ~~ GC •.::=. rr .~.-i~`'•~_~ ~~~~::..ii! LL. ~za~.,~ ~. 'aYf ~~.vM1r- ~'~I~~~'L ~• , Wit; ~i.: ir'':~ .I ..p ~:^~~'A-0:^,•_ .,~~ i.~"~-~' '.:'•,T2Ar'~41 i.~r~-y.l1 ~t~"~:~LR,G^.,- R~~".: A:. .^E. I - r l:xr:F9 ~ ~.I. ' fpa+Cf:lfir. r:'-'YV": '~l` '"w.~:f'~hr':•::~+;:, » ' ' 0 „'~ j~:T~~'+~'~' Y. 1f`A ~}frl; y.. ~12P'~ ~~F:iG+, .(~~:'er',:ia~r• ' ~ .O V f A ~Y! l !A9 tAt W yY}. ~) M ~ rt ' - 1 ~ w' L Al ~' z "1~ r~gF~ 0. rJi"~~ra! ~ T• i" ~ '"r ..k~ f 'fA,.., q I I w1nL.~. Li M r~rs,.a J+.C' ~~J 4J ~ ~' O ~ '.l .:ri., '_i.wtyu 43 •L ~y_ "•liirYl `.Y }sue,: ~y. .%*I=.[~^[?~.^. :-'' •~ : wm/ .~ :n-.~ .~ .. _ x45. ~~ _ ., N .';O ~ ~. I o _ '` _.... o ~- ~W • THE CITY OF RANCHO CUCAMONGA Maynr DONALD ]. KURTH, M.D. Mayor Pro Tcm L. DENNIS MICHAEL Cnunci[memben REX GUTIERREZ SAM SPAGNOLO DIANE WILLIAMS Ciry Manager JACK LAM, AICP RANCHO CUCAMONGA October 23, 2008 Mr. Nidal Samaan 9749 Meadow Wood Alta Loma, CA 91737 SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION) DRC2008-00616 - MILLIKEN LIQUOR Dear Samaan: Based on our October 20, 2008, meeting and staff's discussion and review of your latest request to operate a convenience market store with sales of distilled spirits in reference of the aforementioned Conditional Use Permit, your most recently revised application, business statement of operation, and floor plan has been once again denied. The denial is centered on the same principals that were laid out in the first letter of denial dated August 26, 2008. Findings: Development Code Section 17.10.030 allows, with an approval of a Conditional Use Permit and in • accordance with the State of California, Department of Alcoholic Beverage Control, a liquor store or convenience market with general sale of alcoholic beverages and distilled spirits (Alcoholic Beverage Control Type 21 License, off-site consumption) in the Industrial Park District, Subarea 12. However, according to ABC, the Census Tract 0021 is overly saturated with distilled spirits sales in the general geographic area where the proposed liquor store or convenience market store will be located. ABC confirmed that there are 36 active liquor licenses at the present time. The alcohol census tract allotment for this area is 16; it is over by 20 liquor licenses. The boundaries of Census Tract 0021 are: Northeast corner of Grove Avenue and Foothill Boulevard, eastbound to Rochester Avenue, southbound to 4th Street (City limits), westbound to Archibald Avenue, northbound to 8th Street, westbound to Grove Avenue (City limits), and northbound to Foothill Boulevard, which closes the Census Tract 0021 perimeter. This decision shall be final following aten-day appeal period. beginning with the date of this letter. Appeals must be filed in writing with the Planning Commission Secretary, stating the reason for the appeal, and be accompanied by a $1,965 appeal fee. If you should have any questions, please feel free to contact Daniel Correa at (909) 477-2750, Monday through Thursday from 7:00 a.m. to 6:00 p.m. Sincerely, PLANNING DEPA;~RTME T JC- • Jame .Troyer, AICP Plan ' g Director Attachment: Census Tract Map 10500 Crvic Cenmr Dr. • P.O. Box 807 • Rancho Cucamonga, CA 91729-0807 • Tel 909-477-2700 • Fax 909-477-2849 • www.ciryofrc.us -~~ Z J J W d m O O • O Q 2f31S3H~OZl • L7 L-7 ~ :~.1 ~- L-. J~rJ ~~r RANCHO CUCAMONGA DATE: TO: FROM: SUBJECT RANCHO CUCAMONGA POLICE DEPARTMENT December 4, 2008 Chairman and Members of the Planning Commission Don Yoder, Lieutenant, Rancho Cucamonga Police CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616-MILLIIiEN MARKET (NIDAL SAMAAN) BACKGROUND: The applicant, Nidal Samann, proposed to operate aconvenience/liquor market at the Town Place Square Shopping Centex. The proposed convenience/liquor market would sell distilled spirits, • which would require a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Title 17, Development Code Section ] 7.30.030. Due to the number of businesses invoh~ed in the sales of distilled spirits within the general location, we have had an increase in the number of calls fox service requiring police response. The majority of these calls for service are due to alcohol related offenses, to include, Drunk In Public, Public Fighting, and Driving Under the Influence. By approving the applicants request to sell distilled spirits within the business complex it shall increase the number of calls for sen~ice in this area which are alcohol related. RECOMMENDATION: It is recommended the members of the Planning Commission deny Nidal Samaan's request for a conditional use permit to sell distilled s irits. ,J ieutenant Rancho Cucamonga Police ~XHIBIT H 1070 Cn~ic (;enter I)r Rnncho Cucem~mga, C:A )1730. "I'el 909 X77 ?80(1 ~ Pay 9(19 -177 ?879 ~ w~ew rcpulic~ rnq ~" ~.7` • RESOLUTION NO. 08-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE APPLICANT AND UPHOLDING THE PLANNING DIRECTOR"S DENIAL OF CONDITIONAL USE PERMIT DRC2008-00616, A REQUEST TO OPERATE A CONVENIENCE MARKET WITH SALES OF DISTILLED SPIRITS ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND.4TH STREET IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12); AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-341-23. A. Recitals. 1. Mr. Nidal Samaan filed an application for the issuance of Conditional Use Permit DRC2008-00616, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 25th day of August 2008, and on the 23rd day of October 2008, the Planning Director of the City of Rancho Cucamonga denied the application with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision represented by said Planning Director determination was appealed in a timely manner to this Commission. • 4. On December 10, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and the application. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on December 10, 2008, including written and oral staff reports, and the contents of the Planning Director determination letter of August 25, 2008, and (after revised floor plan was submitted) letter of October 23, 2008, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a site located on the northeast corner of Milliken Avenue and 4th Street in the Industrial Park District, (Subarea 12); and b. The proposed site is presently developed with several commercial, retail, and • professional buildings; and a ~~3 PLANNING COMMISSION RESOLUTION NO. 08-68 CONDITIONAL USE PERMIT DRC2008-00616 -MILLIKEN MARKET (NIDAL SAMAAN) December 10, 2008 • Page 2 c. The most recent application proposes the establishment of a convenience market with sales of distilled spirits; and d. The proposal is for a convenience market that sells distilled spirits, which requires a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.30.030. e. The proposed markeUliquor store is not consistent with the General Plan in that there is a likelihood of creating a criminal element. Therefore, it is in direct conflict of Section 1.2.7.2, of Chapter 5 of the General Plan. This section states that a goal of the General Plan is to ensure an overall safe environment by taking preventive steps to "limit the number of crimes of opportunity that occur in the City." The proposed markeUliquor store does not conform to the intent of this goal. Furthermore, allowing additional sales of distilled spirits will only intensify the existing over saturation of liquor sales in Census Tract 0021 that has been set forth by the State of California Department of Alcoholic Beverage Control; and f. The proposed convenience market with sales of distilled spirits is not in accordance with the objectives of the Development Code. Chapter 17.30 (Industrial Districts) of the Development Code outlines the conditions under which specific businesses are approved. A major objective of this Chapter is to put the goals of the General Plan into action. Section 17.30.010.A.6 of this Chapter lists the criteria used to review the proposed business use. Subsection A.6 states: when considering the appropriateness of a business, the "land uses shall be organized to avoid creating nuisances among adjacent land uses." The proposed • market with sales of distilled spirits is in direct conflict with this criterion and the goals set forth in the General Plan; and g. Permitting an additional market which sells distilled spirits will elevate the potential of increased crime and undesirable behavior, which is in direct conflict with the intent of Section 17.30.010.0.5 of the Development Code, which states: "provide a safe and healthy environment for workers, including adequate levels of police and fire protection." Allowing another market which sells distilled spirits is in direct conflict with the intent of this section to scrutinize and limit the number and extent of businesses selling liquor in order to avoid the possibility of creating a criminal element or environment. This is accomplished by placing a limit on the over concentration of the aforesaid type of business to a specific area of the City, with the goal being to increase public safety and the availability of polices services in other parts of the City. Therefore, permitting additional sales of distilled spirits would be in conflict with this section of the Development Code; and h. The proposed markeUliquor store, together with the conditions applicable thereto, will be detrimental to the quality of life and injurious to properties or improvements in the vicinity. An additional market with sales of distilled spirits will only create a negative effect to the immediate vicinity and overall community. Section 17.30.010 of the Development Code states that the purpose of the regulations in Chapter 17.30 is to "regulate the establishment of proposed uses and thereby protect the public health, safety, general welfare and quality of life in Rancho Cucamonga." Without complying with the Urban Design Goal and criteria outlined in Chapter 17.30, staff can only find that the proposed markeUliquor store will be detrimental to the properties and improvements in the vicinity of the community; and • ~.- ~ PLANNING COMMISSION RESOLUTION NO. 08-68 CONDITIONAL USE PERMIT DRC2008-00616 -MILLIKEN MARKET (NIDAL SAMAAN) • December 10, 2008 Page 3 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is not consistent with the objectives of the Development Code and the purposes of the district in which the site is located. b. That the proposed project together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. c. That the proposed project is not in compliance with each of the applicable provisions of the Development Code. d. That the proposed project is not consistent with the General Plan. 4. Based upon the finding and conclusions set forth in Paragraphs 1, 2, and 3 above this Commission hereby denies the appeal of,the applicant and upholds the Planning Director's denial of CUP DRC2008-0616. 5. The Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Richard B. Fletcher. Chairman James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of December 2008, by the following vote-to-wit: • ~-~a 5 O '~r~a.l ~i eeoRd G°~`l PLANNING COMMISSION RESOLUTION NO. OS-67 SUBTT18466 -ALBERTA. WEBB ASSOCIATES December 10, 2008 Page 5 14) Enhanced landscaping shall be provided at the northwest corner of the project site, immediately adjacent to the intersection of Etiwanda and Miller Avenues. The applicant shall coordinate with Caltrans the development of a Landscape Plan and forward it to the City for review and approval prior to Final Map recordation. Engineering Department 1) Etiwanda Avenue frontage improvements are to be in accordance with City "Secondary Arterial" standards and Etiwanda Specific Plan Figure 5-23, including: a) Provide cobble curb and gutter, 5-foot wide property line adjacent sidewalk, and street pavement to join existing pavement to satisfaction of the City Engineer. b) Provide 9500 Lumen HPSV streetlights and street trees in accordance with City requirements. c) Protect existing traffic signal equipment. d) Protect existing traffic signing and striping including R 26(s) "No Stopping" signs if possible or provide traffic signing and striping including R 26(s) "No Stopping" signs as required. e) Provide a Class II Bike Lane along the Etiwanda Avenue frontage. f) There shall be no driveway access to Etiwanda Avenue. g) Access ramps shall be provided where missing for the whole intersection of Etiwanda Avenue and Miller Avenue/Church Street intersection. h) Provide access ramp(s) at the south east corner of Etiwanda and Miller Avenues. 2) Etiwanda Avenue improvements and traffic stripping are to transition from the south tract boundary to the south median nose of the I-15 Freeway overpass. 3) Miller Avenue frontage improvements are to be in accordance with the City "Secondary Arterial "standards and Etiwanda Specific Plan Figure 5-29, as required, including: a) Provide curb and gutter, property line adjacent sidewalk, and street pavement to join existing pavement to satisfaction of the City Engineer. b) Provide 9500 Lumen HPSV streetlights and street trees in accordancewith City requirements. c) There shall be no driveway access to Miller Avenue. d) Protect existing traffic signal equipment. !~ ~69 D-~r c iu. (~Pecoza( PLANNING COMMISSION RESOLUTION NO. 08-67 Ce/°~ SUBTT18466 -ALBERT A. WEBB ASSOCIATES December 10, 2008 Page 6 e) Protect existing traffic signing and striping including R 26(s) "No Stopping" signs if possible or provide traffic signing and striping including R 26(s) "No Stopping" signs as required. 4) Internal streets are to be improved in accordance with City "Local Street" standards, as required, including: a) Provide curb, gutter, drive approaches, property line adjacent sidewalk, and asphalt pavement as required. All drive approaches shall be in accordance with City Driveway Policy. b) Provide 5800 Lumen HPSV streetlights and street trees in accordance with City requirements. c) Provide traffic signage and striping as required. d) Provide street knuckle and cul-de-sac per City Standards 110 and 111, respectively. Access ramps shall be provided at all intersections (excluding knuckles). 5) Vertical curves on Local Street are required for all grade breaks greater than 50 percent per City Street Design Policy. Adjust on-site grading as needed. 6) The Etiwanda School District has installed a private storm drain through their site to join an existing local storm drain in Margaux Place (located in Tract 15711), which also collects undeveloped runoff from the subject property. The developer of Tract 18466 shall replace the private storm drain with a public facility and extend it on-site, in addition to paying drainage fees for Area 9 of the Etiwanda/San Sevaine Area Drainage Policy. a) All sump catch basins and laterals shall be designed to handle O'oo b) Extend the local storm drain system as far on-site as needed to contain Ozs within tops of curbs, O10° within rights-of-way and provide a 10-foot dry lane in Q10. c) The cost of local storm drains shall be borne by this development with no fee credit. 7) Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted drainage fee (master plan and regional) as well as reimbursement to other development, or the City, for oversizing of local drainage facilities as determined by the City Engineer. City fees shall be paid prior to final map approval. a) For the portion of Drainage Area 9 south of Base Line Road, the Master Plan drainage fee is currently $28,800 per net acre, but subject to annual adjustment. b) For Drainage Area 9, the Regional Mainline drainage fee is $7,800 per net acre and there are no Secondary Regional fees. ,. ~ 9 ~d) /~e ~~,2 ~. cc~' y Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 8 Less Than $Igm(Ie801 Less Issues and Su ortin Information Sources: PP g amemmlly Signifwnl wln Miligalmn Tnan Sigmfwnt No Im ad Inw sled Im ed Im ecl d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies 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 project site is located in an area developed with residential uses The project site has already been disrupted by construction of infrastructure and surrounding developments, annual discing for weed abatement, and use as a vineyard (now abandoned). According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the project 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 project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The surrounding area has been developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) The project 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 project: a) Cause a substantial adverse change in 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 ~~e~ ~ Initial Study for Tentative Tract Map SUBTT18466 City of Rancho Cucamonga Page 14 Less Than Sigm(canl Less Issues and Su ortin Information Sources: PP g vmammur Sign,9cant wpm MingaOOn Tnan Signifwnt No Im act Incor orated Im aq Im act such as fire hydrants, are required to comply with all applicable City codes, including local fire ordinances. Therefore, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wildland Intertace area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. _ M 8. HYDROLOGY AND WATER QUALITY. Would the project: 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 river, or substantially increase the rate or amount of surtace runoff in a manner, which would result in flooding on- or off-site? 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 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 map? 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, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? () () () (/) ~~~ ~ TAFF PORT PLANNING DEPARTMENT RANCHO C,UCAMONGA DATE: December 10, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa, Assistant Planner SUBJECT: A 90 -DAY REVIEW OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 A 90-DAY REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to • examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 BACKGROUND: Conditional Use Permit CUP00-44 for Felipe's Mexican Restaurant was originally approved by the Planning Commission in conjunction with a public hearing on December 12, 2000. The Planning Commission approved a subsequent application to extend the business hours and to allow live entertainment (DRC2007-00284) on July 25, 2007. Both applications were approved by the Planning Commission through Resolutions 07-43 and 07-44. The approval was granted in part with conditions specifying the business establishment remain a bona fied restaurant, and live entertainment and the sale of distilled spirits would be accompanied by complete meals at all times. The current hours of operation for the business are seven days a week, from 11:00 a.m. to 2:00 a.m. In October 2007, Felipe's Mexican Restaurant was bought by Mr. Jose Sambolin and the restaurant ownership became a corporation between Mr. Sambolin and Mr. De La Piedra. The restaurant name was changed to: Loco Cantina & Grill. It appears that Loco Cantina & Grill started to operate more like a bar or night club than a family restaurant. Various violations of the Conditions of Approval of the Resolutions 07-43 and 07-44 have previously been identified. For further details of the violations, and approved resolutions, see the attached Staff Report and exhibits dated • September 10, 2008 (Exhibit A). ITEMS C & D PLANNING COMMISSION STAFF REPORT CUP DRC2007-00283 AND EP DRC2007-00284 December 10, 2008 Page 2 The Planning Department has identified police service calls to EI Loco Cantina & Grill as a significant issue and noted there were approximately 23 calls from July 2007 to April 2008. However, there has been a significant decline of police calls since the latter part of April 2008 to present with only one (1) police service call reported as an autodial alarm call on August 12, 2008, at approximately 4:49 a.m. (0449 hrs.). The business was closed at the time. According to the Rancho Cucamonga Police Department, there have been no incidents at the restaurant in several months. The State ABC regulations governing restaurants that serve distilled spirits; i.e., liquor; reads as follows: "License Type 47: ON SALE GENERAL -EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. " The requirement is that the restaurant remains strictly a bona fide bistro, meaning that its primary sales are food items and that the sale of distilled spirits are accompanied with complete meals at all times. Furthermore, ABC Type 47 restaurants licensees must allow entry and serve minors; i.e., persons under 21 years of age, at all times. The intent of this law is to ensure that the eatery functions and remains as a restaurant and not • function as a bar (a Type 48 License). Therefore, for Loco Cantina to be in compliance with Conditional Use Permit DRC2007-00283 and Entertainment Permit DRC2007-00284, and with the State law, ABC Type 47 License, the owner(s) must always operate their eatery business as a restaurant. It must continue to abide by the conditions of approval of Resolutions 07-43. The applicant(s) must also implement and remain within the restrictions and limitations of the Type 47 License at all times. ANALYSIS: In the past 90 days Staff has conducted several on-site compliance inspections of Loco Cantina & Grill. The inspections revealed the following: On October 15, 2008, a compliance inspection revealed little interior change; however, the restaurant did have a few persons eating. Also on that date, staff was informed by Mr. De La Piedra that the table and chairs that had been custom ordered had not arrived as of that date. The restaurant was quiet and orderly. On October 29, 2008, a compliance inspection revealed the same as the previous inspection. The restaurant was once again quiet with no music inside or outside of the establishment. There were noted changes made to the interior of the business. The owners repainted the interior walls with earth colors and added wall decorations that are more, in staff's opinion, representative of a restaurant. Mr. De La Piedra informed staff that the custom restaurant tables and chairs were still on order. He produced an invoice that indicated that the tables and chairs had been purchased. On November 19, 2008, staff's inspection revealed very little change, since the owner(s) had • already completed all of the changes required, except for the bar type tables and stools. During this ~ ~- ~ a PLANNING COMMISSION STAFF REPORT CUP DRC2007-00283 AND EP DRC2007-00284 December 10, 2008 Page 3 • inspection staff was shown the new tables which had arrived, but they needed to be assembled. Staff was informed that the chairs had not arrived as of that date. A fourth and final inspection occurred on December 1, 2008 which revealed that the tables were assembled with complete table settings and the tables were in place on the floor. The chairs were still on backorder. Mr. De La Piedra indicated that they hoped to have the chairs by the second week of December 2008. Staff also inspected the kitchen area. The freezers and refrigerators were well stocked, and the cook was preparing a large amount of food and a variety of appetizers for the lunch hour. Proposed Changes to Conditions of Approval: All of the conditions of approval contained in Resolution No. 07-43 will continue to apply and since there has been a noticeable attempt by the business owners to comply, Staff believes that new conditions should be added to ensure that the business operator as well as the public understand what is to be expected in the operation of the business. The recommended conditions listed below are based on an evaluation of the existing conditions of approval and the recommendations from Staff. Consideration was given to those recommendations that would be easily understood and enforceable. The proposed new conditions, modifying the previous approval, are as follows: The restaurant shall remain as a bona fide eating place during the life of the restaurant business (as defined by the ABC). • 2. There shall be no cover charge or identification checks of patrons at the entrance or upon entering the establishment. 3. Provide uniformed security during the evening hours of entertainment. All security personnel shall dress in a conspicuous security uniform; displaying at all time badge and shoulder patches and shall be licensed by a private, reputable security company. 4. The business during business hours must allow entry and provide restaurant services to all persons, including persons under the age of 21 years; and The business must maintain a suitable kitchen facility for the purpose of making and must make actual and substantial sales of meals for consumption on the premises. At least 51 % (percent) of the business sales must be from food purchases. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all the property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends the Planning Commission direct staff to add the five (5) recommended conditions to the Conditional Use Permit DRC2007-00283 and approve the Resolution Modifying the conditions for the Conditional Use Permit. In addition, staff recommends that staff bring to the Commission a Director's Report on the business operation in six (6) months time unless new violations warrant a report prior to that time. • c~-p3 PLANNING COMMISSION STAFF REPORT CUP DRC2007-00283 AND EP DRC2007-00284 December 10, 2008 Page 4 Respectfully submitted, ~ ~~~' Ja s R. Troyer, AICP Pla Wing Director JRT: DC/Is Attachments: , Exhibit A -Staff Report dated September 10, 2008 Exhibit B -Planning Commission Minutes dated July 25, 2007, July 9, 2008, August 27, 2008, and September 10, 2008 Resolution of Approval to Modify Conditional Use Permit DRC2007-00283 u • • C~ ~ ~ T H E C I T Y O F ' RANCHO C U C A M O N G A Staff Report DATE: September 10, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 modifications of the approved Conditional • Use Permit. The subject restaurant is located in the Masi Plaza Commercial Center at 11815 Foothill Boulevard; APN: 0229-011-38. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA, (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a mariner consistent with the conditions of approval and 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 revocation of the approved Entertainment Permit. Located in the Masi Plaza Commercial Center at 11815 Foothill Boulevard; APN: 0229-011-38. BACKGROUND: Conditional Use Permit CUP 00-44 for Felipe's -Mexican Restaurant was originally approved by the Planning Commission in conjunction with a public hearing on December 12, 2000 (Exhibit C - Planning Commission Resolution No. OD-31). On April 10, 2007, owners Felipe and Alma De La Piedra filed Conditional Use Permit DRC2007- 00283 for the consideration of extending their business hours from 10:00 a.m. to 9:00 p.m. to 11:00 a.m. to 2:00 a.m., modifying their days of operation, and requesting Entertainment Permit DRC200-00284 to allow live entertainment at the restaurant. Both applications were approved by the Planning Commission on July 25, 2007. ITEM A & B EXHIBIT A PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page 2 ANALYSIS: • Evaluation of Maior Issues: On or about February 7, 2008 a neighboring business owner of Loco Cantina & Grill came to the Planning Department and inquired if the newly opened bar (Loco Cantina & Grill) was a permitted use. The inquiring person had some concerns with the character of the business and expressed several public nuisance type issues, e.g. loitering, noise, and smoking. Based on these concerns Staff visited the site on February 14, 2008 and May 28, 2008 and made the following observations: 1) The interior of the restaurant provided a nightclub atmosphere rather than that of a family restaurant. The restaurant has primarily pub-bar tables and tall chairs, with an open space floor area at the entrance. There are very few actual family restaurant type tables and chairs. It appeared that the interior makeup of Loco Cantina & Grill was in direct violation of the conditions of approval for Conditional Use Permit Resolution No. 07-43, specifically, Planning Department condition, Number 7: "Any modification or intensification of the use beyond what is specifically approved by this Conditional Use permit and Entertainment Permit shall require review and approval by the Planning Commission." (Exhibit E) In Staff's opinion, it appears the applicants have established an illegal nightclub. The Rancho Cucamonga Municipal Code Section 17.30.030 kk does not provide for an independent night club as an allowed use. • 2) The Host's Welcoming Podium was removed and the dance/entertainment floor area has been increased from 10'X15' or 150 square feet to approximately 24'X24' or 576 square feet. This is in direct violation of the previously approved floor plan and Conditional Use Permit Resolution No. 07-43, Conditions of approval (Planning) number 7; which states: "Any modification or expansion of the floor plan which increases dance/floor area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval." It is also in violation of the Approved Entertainment Resolution 07-44, Conditions 9 and 11. Condition number 9 states: "Any modification or intensification of the uses allowed with the Entertainment Permit shall require review and approval by the Planning Commission." Condition 11 states: "Any modification or expansion of the floor plan which increases "standing" shall be brought back to the Commission for review and approval." (Exhibit F) 3) It was reported to City Staff that on February 16, 2008, an individual visited Loco Cantina and Grill at approximately 11:00 p.m. and observed that there were three (3) bouncers at the front door or entrance to Loco Cantina, checking identifications. The individual stated that one of the bouncers asked for I.D. to make sure an under-age person was not making entry into Loco Cantina. Mr. Jose Sambolin (Owner) did confirm to the planning Staff at a March 6, 2008 meeting, that he does have men at the front door checking identifications. He told Staff that he has them posted at the entrance because he wants to make sure he is in compliance with State of California Department of Alcohol Beverage Control regulations by not serving alcohol to minors. Staff informed Mr. Sambolin that family restaurants do not have employees stationed at the entrance checking identifications for under aged patrons. • C~~~o PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page 3 • This type of business operation is in violation of the conditions of approval of Conditional Use Permit Resolution No.07-43, under Planning Department conditions, Number 7: "Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission." It is also stated in the approved Entertainment Permit Resolution No. 07-44 under Condition 9 of the Planning Department conditions of approval, it states: "Any modification or intensification of the uses allowed with this Entertainment Permit shall require review and approval by the Planning Commission." (Exhibits E and F) 4) The business owners have no certified uniformed security guard on duty at Loco Cantina & Grill during the entertainment hours, (9 p.m. to 2 a.m.) as required by Resolution No. 07-44, Condition Number 4. The condition states: "A minimum of one duly licensed and state registered security guard from a reputable security firm shall be provided. The security guard shall be conspicuously dressed, be present on the premises during the approved entertainment hours, and responsible for regular surveillance of the business operation of the restaurant and activity in the adjacent parking areas to avert and/or control problems such as loud noise, loitering, disorderly conduct from patrons, and any other nuisances or disturbance. The security guard/applicant shall immediately report any uncooperative persons or violent behavior to the Rancho Cucamonga Police Department for assistance. Upon request by the City at any time, the applicant shall provide documentation verifying that all these conditions have been met." • The Owners had hired bouncers instead of employing a uniformed security guard, which is in direct violation of Resolution No 07-44. (Exhibit F) Furthermore, they are also in violation of the City of Rancho Cucamonga Municipal Code, Entertainment Permit Section 5.12.130: Security Guard Required at Dances: "All persons conducting a public dance or any entertainment where dancing by patrons or customers is permitted, shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed... dance area in excess of one hundred fifty square feet is available or designated for dancing by customers or patrons." Loco Cantina & Grill's dance/entertainment floor area is approximately 576 square feet. This specific requirement has been ignored by the business owners of Loco Cantina. (Exhibit F) In addition to the above concerns and violations the following incidents have also occurred as reported by the City of Rancho Cucamonga Police Department: 1) July 1, 2007: One drunk in public arrest, Section 647(f) of the California Penal Code. The Section states: "Who is found in any public place under the influence of intoxicating liquor... in a condition that he or she is unable to exercise care for his or her own safety or the safety of others... or any combination ..., interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way." The person was arrested. 2) November 18, 2007: One attempted murder, Assault with a Deadly Weapon; Section 245, California Penal Code. At 2:15 a.m. (0215 hrs): In the Loco Cantina... parking lot, • a large fight (large physical alteration) occurred, which resulted in a stabbing of one C d- iJ rl PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page 4 male. The male victim suffered two (2) one inch puncture wounds on the upper left side • of his torso. 3) May 11, 2008: Physical altercation inside Loco Cantina; Section 415, California Penal Code, disturbing the peace: On 5/11/2008, at approximately 7:47 p.m. (19:47 hrs.) customer becomes irritate and gets into physical fight with Loco Cantina Staff. According the police report, patron was irritated because he was told to leave because he did not meet the dress code. Nature of Business: The Conditional Use Permit and Entertainment Permit were originally approved for a use that was primarily a family restaurant with incidental live entertainment. Condition Number 3 of Resolution 07-43, specifically states: "Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use..." While the current operation of Loco Cantina retains some limited restaurant use, it is Staff's opinion, nevertheless, that Loco Cantina was functioning more like a nightclub than a family restaurant. On March 6, 2008, during a Planning Department meeting with the business owners of Loco Cantina, Mr. James Troyer, Planning Director, informed the owners of the above cited ordinance and Resolution violations as well as noting the City's expectation that they comply with all the provisions of Resolutions No. 07-44 and No. 07-43. However, on May 28, 2008 Mr. Larry Henderson, Principal Planner, visited the Loco Cantina & Grill and the business • owners had not corrected the dance floor area violation. Progression and Compliance: On July 30, 2008, the Planning Department received a letter from the applicants' legal council: Solomon, Saltsman & Jamieson, dated July 29, 2008. The letter addressed the issues of concern that were discussed with the Planning Director, Mr. James Troyer, on an earlier date, July 10, 2008, and the required steps the applicants will take to come into compliance with the aforementioned CUP and Entertainment Permit. The July 29, 2008 letter outlined the following corrective measures that the applicants would take to come into compliance: 1. The circular tables and bar stools would be replaced with family restaurant tables and chairs. However, the newly proposed tables and chairs will be approximately 36" X 36" to accommodate the small dining floor area. 2. The entertainment area would be restricted and marked to a maximum of 150 square feet, and it will accommodate all approved entertainment of Mariachi, Conjunto bands, karaoke, disc jockey, comedians, and dancing. 3. The hostess podium would be placed at the location as shown on the approved floor plan. 4. The business owners will provide state licensed security personnel at the place of business. The security guards shall be conspicuously dressed in distinctive uniform, with • insignia shoulder patches, name tag, and badge. C~D$ PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page 5 • On August 5, 2008 Staff made a compliance inspection of EI Loco Cantina. The inspection revealed that the applicants had not taken the corrective measures to bring the subject business into compliance. Mr. Troyer contacted the applicants' legal council on August 6, 2008 and informed their attorney of the aforesaid issue of non-compliance. Additionally, Mr. Troyer informed them that the ceiling entertainment lights, sound system; i.e., speakers must be removed. On this same date the Planning Department received a letter via the fax machine from the applicants' legal counsel, which stated that their client will take the necessary corrective measures to come into compliance by 5:00 p.m., Monday, August 11, 2008. The corrective steps_would be as follows: 1. The ceiling lighting bar must be situated within the 150 square foot entertainment area. 2. The 4 JBL speakers must be located within the150 square foot entertainment area: 3. The premises must have the hostess podium, as shown on the approved floor plan. On August 12, 2008 Staff conducted another compliance inspection. The inspection revealed: 1. The hostess podium was located at the entrance of the business in accordance with the approved floor plan. • 2. The entertainment/dance floor was marked off but it was still greater than the approved 150 square foot area. 3. The ceiling entertainment lighting and speakers were still mounted outside of the 150 square foot entertainment/dance floor area. Hence, there remains two areas of concern, which Mr. Troyer initially addressed. On August 19, 2008, Mr. Troyer sent a letter of correction to the Law Offices of Solomon, Saltsmari & Jamieson, to Mr. Bruce Evans, Attorney at Law; the applicants' legal representative. In his letter, Mr. Troyer states the following issues: 1. Entertainment Area includino area for DJ booth and dancing: The entertainment dance floor area must be no more 150 square feet. Both the DJ booth and the dance area must be confined to this 150 square foot area and must be marked off as shown in the floor plan. _ 2. Description of security as "bouncers" in Security Plan: All security personnel shall dress in a conspicuous security uniform; displaying at all times badge and shoulder patches and shall be licensed by a private security company. On August 26, 2008 Staff conducted another compliance inspection. This inspection revealed: • C~~q PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2008 Page 6 1. The ceiling entertainment lighting and the east side ceiling speakers were removed, • leaving the west side ceiling speakers within the 150 square foot floor-area. 2. The entertainment/dance floor area was marked off a little above the approved 150 square foot floor area. Additionally, the floor area is not specifically in the area as shown in the approved floor plan. However, while it is not in the specific area, nor exactly 150 square feet, it is nevertheless, in the general vicinity of the approved floor plan. In Staff's opinion, these corrective measures are within the spirit of the code, and. partially satisfied the Planning Department's concerns. However, there is still one area of concern that must be corrected so that the owners of EI Loco Cantina will be in full compliance of the conditions of approval. The exterior speakers that are mounted on the outside patio ceiling must be removed since such equipment was not a part of the proposed entertainment equipment and floor plan that was submitted to the Planning Department for review. Law enforcement services calls: Additionally, when the Planning Department took notice of police service calls to EI Loco Cantina, there were approximately 23 calls from July 2007 to April 2008. However, since the City has taken notice of the service calls there has been a significant decline of police calls i.e., as of the latter part of April 2008 to present, there has only been one (1) police service call. It was an autodial alarm call. Proposed Changes to Conditions of Approval: 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 Staff. Consideration was given to those recommendations that would be easily understood and enforceable. The proposed new conditions, as modified, are as follows: • There shall be no cover charge or identificatiori checks of patrons upon entering the establishment. • Provide uniformed Security during the evening hours of entertainment. Review: To ensure complete and constant compliance with Conditional Use Permit, DRC2007 -00283 and Entertainment Permit DRC2007-00284, a 90 day review of performance and operation will be conducted by Staff. The review period will commence from the date of the public hearing. CORRESPONDENCE: Because this item was continued from the previous hearing of August 27, 2008, the public hearing remains open and therefore additional advertising was not required. . RECOMMENDATION: Staff recommends the Planning Commission direct staff to add the two recommended conditions to the Conditional Use Permit DRC2007-00283 and bring back a modified resolution incorporating those conditions for approval. In addition, staff recommends that the application be brought back for review before the Planning Commission in 90 days. ~~pi0 PLANNING COMMISSION STAFF REPORT CUP DRC 2007-00283 AND EP DRC2007-00284 September 10, 2006 Page 7 • Respectfully submitted/~~~ ~~ 0 a~Tro er AICP Y Planning Director JRT/DC/Is Attachments: Exhibit A - Original Business Application -July 10, 2000 Exhibit B - Application for Alcoholic Beverage License -October 31, 2000 Exhibit C - Resolution approving Conditional Use Permit 00-44 -December 12 2000 , Exhibit D - Planning Commission Staff Report -July 25, 2007 Exhibit E - Resolution 07-43 approving modified hours -July 25, 2007 Exhibit F - Resolution 07-44 approving entertainment -July 25, 2007 Exhibit G - Planning Commission Minutes -July 25, 2007 Exhibit H - Business License Renewal Notices -September 14, 2006 and October 17, 2007 and Change of Information Forms -October 15 2007 , and November 19, 2007 Exhibit I - Municipal Code Chapter 5.12 -Entertainment u • Cd~ ~-I I~ g ~ a ~: < 41 '~ G7 rn ~, 4'i y !~ ' m W ~~ w 2 V N Z m v~ a~ L y e .°. q O ~a ~"~ J n ECE S, W 6 d O y C$~ u o~~ 69 ~ 4 C ; ~ p O a5~` ~ a; e ~ 33, 0=~3 Z E _V Z _ ~a ~ n N p rn ~! ~ae ~ Ua u ~<a oN~z: V Z u4 ~ ~ z w o V ~ i i ~?^ O~ q\I1 \ ^~ _. ILL Ug g ~~ ~~ ¢ v O_ N r C7 f N ~ ~ ~ O LL~~1 Z ~ O O ¢ Q ~ w 6 ~- i j 2 O ~ c a° ~ w ¢ m a w w Q" c ~ w i w w ~ ~ ~ w ~ g ~ ¢ 0 a ~ pW u N N _ J Z LL ((cc d ? ~ ~ ' ~ ~ a > ? d < O w m m y W O Z ~ Z 3 o ~° o W 'J ~ O > y a ~ ~ ~~,- e ¢ N ~~ ~ O ¢ p QF ~ Q LL ~ (] O Q 8 ~ ~ ~ ~ Q °' ~ a V LLLL Z ~ 3 s ~ ~o ¢ _Z LL~ O LL N ~ N w N ~~~~? m ~ ~~°d ~ U i W ~ a n (7~LL W O~ 00 ¢ X m a LL m ~ N p Wi •~~~€o ~~o m ~ ~. ~ W = ~ >o j~p > <`~ ¢ 51 Z W <¢ ~ C 1C ru ¢ G1i z ~ n m ¢ O O ~,oa WC ~,p 0~~ y W 2 ~ ~ ~ V C o ° 0 I1V u~Ui ~L m o c WI \ U C ¢ e 11~ _N ~ 1y1, N N ¢ ~ G M1 W W S ~~ o m nw N 0 m ¢ Z W F _ ~ O c = ~ ul m w m N ~ n~ EXHIBIT - A N 6 VWl ZQ~ ^ N O ¢ g ~ ~ -a E~}~ c ,~ C^ r~ State of California Depanment of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 111 (6/99) 'O: Department of Alcoholic Beverage Control 3737 Main Street Suite 900 Riverside, CA 92501 (909)78?-4400 DISTRICT SERVING LOCATION: RIVERSIDE First Owner: DELAPIEDRA ALMA V Name' of Business: FELIPE'S Location of Business County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 47 File Number: 370391 Receipt Number: 1304675 Geographical Code: 3615 Copies Mailed Date: October 31, 2000 Issued Date: 11815 FOOTHILL BLVD UT E RANCHO CUCAMONGA, CA 91730 SAN BERNARDINO Yes Transferor's license/name: / Dro tna Partner: yes X , PP ~ No License Type Transaction TvDe ee v a to ~ ate ee ON-SALE GENERALI ANNUAL FEE P40 Y 0 10/31/DO PRIORITY-ORIG.. ON SLAI.E GENERAL-$AN BERNARDINO CO. #4 $~S.oO ' Total $695.D0 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the ' Department pertaining to the Act? No Explain any "Yes" answer to [he above questions on nn attachment which shall be deemed pan of This applicaion. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions' of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERN.4RDIN0 Datg: October 31, 2000 Under penalty of perjury, each person whose signature appear[ below, eertifiea~and soya ~tl) He is nn a tlcaht. ar one of the applicants, ar an executive officer of the applicant corporouon; nomad in the foregoing application, duly authorized to mak~,tlhis apphcatiop on its behalf; (Z) that he has read the foregoing ¢nd knows the eontenta thereof and that each of the obove imtements therein rdnde are true; lhsn the applicam or opplican[s has any direct or indirect interest in the applicant or ippplicant'x buxlneax.~lo be condoned undernthe Icense(s)r(or which Ihix applicauon is mode; (4) that the Irsnafer applicauen or proposed transfer is :not made to solisfy,;the payment o(a loan ar to (Wfill an sg reement encored into more than ninety (90) days preceding the, day on which the Iratix(er npplicmian Ix faed with the Depan mem or to gain or esmhlish o preference to or for any creditor or tran.xferor or to defraud or injure any crcdilor of transferor, ~'IS) Ihm the transfer application cony be withdrawn by either the applicant or the licenuc with no re.mlting liability to the Depanment. Applicant Name(s) r.~Nux-am otguatuL~(S) DELAPIEDRA ALMA V ~ /~ //, _ / DEL4P]EDRA FELIPE ~ ~; ~_ ~" ---~ I; ~ -' ,. ~ .. ~G ~ ~ ~ (~~~ .. EXHIBIT B 9-~° °~ ~~: - • RESOLUTION NO. 00-31 A RESOLUTION OF THE CITY PLANNER,OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 00-44, PERMITTING THE SALE AND ON-SITE CONSUMPTION OF ALCOHOL (TYPE 47 LIQUOR LICENSE) IN A 2800-SQUARE FOOT RESTAURANT WITHIN THE EXISTING MAST PLAZA COMMERCIAL CENTER LOCATED IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) AT 11815 FOOTHILL BOULEVARD, UNIT E, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-011-38. A. Recitals. 1. Felipe's Taqueda.fiied an application for the issuance of Conditional Use Permit No. 00-44, as described in the title of this Resolution. 'Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 12th day of December 2D00, the City Planner of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the City Planner of the City of Rancho Cucamonga as follows: 1. The City Planner 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 the City Planner during the above- referenced public hearing on December 12, 2000, including written and oral staff reports, together with public testimony, the City Planner hereby specifically finds as follows: a. The application applies to property located at 11815 Foothill Boulevard, Unit'E' in the Masi Plaza commercial center at the southwest comer of Foothill Boulevard and Rochester Avenue; and ~,;.: b. The properties to the north are designated as Community Commercial, the properties to the south are designated as General Industrial, the properties to the east are designated as Industrial Park, and the properties to the west are designated as Industrial Park; and c. The applicant proposes the sale of alcohol for on-site consumption within an existing sit-down restaurant. The applicant,is not proposing an increase in operating hours, or any physical alterations of the building; and d. The number of parking spaces available at the site is over 400 lots. The parking requirement for the applicant's project is 2B spaces, calculated atone space per 100 square feet of floor area; and ~ ~'G EXHIBIT C 9 ice-°s~ C ~ D - t-1 CUP D0~4 - FELIPE'S T~UERIA • December 12, 2000 Page 2 e. The neighboring businesses within the commercial center are compatible with the proposed use. The proposed project's operating hours and parking requirements will not conflict with these, or any of the other, existing tenants; and 3. Based upon the substantial evidence presented to the City Planner during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the City Planner hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. 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. The proposed use complies with each of the applicable provisions of the Development Code. d. The changes and alterations incorporated into the proposed projectwill have no significant adverse environmental effects. 4. The City Planner'herebyfindsand deterninesthat the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental QualityAd of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15303(c) of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1; 2, 3, and 4 above, the City Planner hereby approves the application subject to each and everywndition setforth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannina.Division 1) Conditional Use Permit approval is for the sale and on-site consumption of alcohol in an existing sit-down restaurant located at 11815 Foothill Boulevard, Unit 'E', covering approximately 2800 square feet within an existing commercial center located at the southwest comer of Foothill Boulevard and Rochester Avenue. No changes in operating hours or structural alterations to the building are authorized with this permit. 2) The hours of operation are 10:OOam to 9:OOpm every day. 3) Approval of this request is contingent on the application through and approval by the Califomia Department of Alcoholic Beverage Control (ABC) for a Type 47 Liquor License permitting the sale and on-site consumption of alcohol. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the City Planner for consideration and possible termination of the use. C°I ~l~ CUP 00-44 - FELIPE'S T~ERIA • December 12, 2000 Page 3 • 6) The facility shall be operated in conformance with the pertormance standards as defined in the Development Code including, but not limited to, noise levels. 7) Any signs proposed for the restaurant shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program forthe complex and shall require review and approval by the Clty Planner, prior to installation. . 8) Any modifcation of the restaurant's operating hours or days, or any intensification of the restaurant's use beyond what is specificallyapproved by this Conditional Use Permit shall require review and approval by the City Planner. 9) Nightclub style dancing and entertainment is not authorized with the approval of this conditional use permit, The Secretary to the City Planner shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH.DAY OF December 2000. CITY PLANNER OF THE CITY OF RANCHO CUCAMONGA BY• ~ e~lt~r, City tWartrSer ATTEST: `~~~ Lois J. S radar, Secretary I, Lois J. Schrader, Secretary of the City Planner of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Planner of the City of Rancho Cucamonga, at a regular meeting of the City Planner held on the 12th day of December 2000. • C `~' •,''i COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Conditional Use permit 004 SUBJECT: Permit for sale and on-site consumption of alcohol APPLICANT: Felipe's Tacqueria LOCATION:. 11815 Foothiil.Boulevard, Unit E ALL OF THE FOCLOW/NG CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements comoleuoo oatB • 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 altemalive, 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 Clty, Its agents, officers, or employees may be required by a court to pay as a result of such action. The Clty 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. B. Time Limits 1. Conditional Use Permit approval shall expire If building permits are not issued or approved use _/ / has not commenced within 5 years from the date of approval. No extensions are allowed. -- C. Site Development 1. Prior to any use of the project site or business activity being commenced thereon, all Conditions f / of Approval shall be completed to the satisfaction of the Clly Planner. --- 2. 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. -1 D-00 C~ ~I~l • Prged No. CUP 00.44 Comoletlon Date APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. General Fire Protection Conditions 1. Fire District fee(s), plus a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga. Fire Protection District as follows: x $132 for Conditional Use Permit fee. E. Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. Places of assembly (except churches, schools, and other non-profit organizations). NOTE: SEPARATE PLAN CHECK FEES FOR TENANT IMPROVEMENTS, FIRE PROTECTION SYSTEMS (SPRINKLERS, HOOD SYSTEMS, ALARMS, ETC.), AND/OR ANY CONSULTANT REVIEWS WILL BE ASSESSED UPON SUBMITTAL OF PLANS. NOTE:.A SEPARATE GRADING PLAN CHECK SUBMITTAL IS REQUIRED FOR ALL NEW CONSTRUCTION PROJECTS 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. SC•10-00 C~~1~ 2 -/-/- -/-/- • Staff Repol-t DATE: July 25, 20D7 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa, Planning Technician SUBJECT: CONDITIONAL USE PERMIT DRC2007-00283 - FELIPE'S MEXICAN RESTAURANT - A request to modify Conditional Use Permit No. 00-44 for new business hours and to allow live nightly entertainment in an existing restaurant use at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7) - APN: 0229-011-38. Related Files: Conditional Use Permit No. 00-44 and Entertainment Permit DRC2007-00284. • ENTERTAINMENT PERMIT DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT - A request to allow live nightly entertainment and dancing within an existing restaurant at 11815 Foothill Boulevard, in the Industrial Park District (Subarea 7) - APN: 0229-011-38: Related Files: Conditional Use Permit DRC2007-00283 and Conditional Use Permit 00-44. BACKGROUND: On December 12, 2000, a Conditional Use Permit was-granted to allow the sale of alcoholic beverages (Type 47 license) in conjunction with meals at the subject restaurant. Conditions 8 and 9 of City Planner Resolution 00-31 requires City approval for any modification to the hours of operation and/or the intensification of the use such as the addition of dancing and entertainment. Entertainment requires the approval of a separate Entertainment Permit by the Planning Commission. The applicant is requesting both a modification in the hours of operation and an Entertainment Permit. PROJECT AND SITE DESCRIPTION: Felipe's Mexican Restaurant is a privately owned business specializing in Mexican cuisine and pastries and is located in the Masi Plaza center. The size of the restaurant is 2,800 square feet with an outdoor dining area of approximately 600 square feet. The applicant desires to provide entertainment for the restaurant use and is requesting to modify the existing Conditional Use Permit to change the hours of operation and approval of an Entertainment Permit. The proposed changes are as follows: ~ EXHIBIT D 9-~cv~ ~~ ~~q PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 2 • Hours of Operation: The new business hours proposed for the restaurant are 11:00 • a.m. to 2:00 a.m., Tuesday through Sunday (restaurant to be closed every Monday). The current business hours are 10:OD a.m. to 9:00 p.m. every day. Live Entertainment and Dancinc: The entertainment proposed includes live music (e.g., Mariachi and Conjunto bands, Karaoke, etc.), disc jockey, comedians and dancing. The entertainment activities will occur each night (business is closed on Mondays) beginning at 9:00 p.m. and ending at 1:30 a.m. All entertainment will occur indoors. The area within the restaurant set aside for entertainment is 150 square feet. Currently, no entertainment exists at the restaurant. A. Surrounding Land Use and Zonino: Site -Masi Plaza Commercial Center/Industrial Park (IP), Subarea 7 North -Home Depot/Spaghetti Factory/Community Commercial (CC) zone in Terra Vista Community Plan South - Masi Plaza/Epicenter/Industrial Park -Subarea 7 East -Masi Plaza and Undeveloped land across Rochester Avenue/Industrial Park - Subarea 7 West -Masi Plaza/Industrial Park -Subarea 7 ANALYSIS: A. Use Description: As noted above, Felipe's Mexican Restaurant is a sit-down eatery that provides Mexican style cuisine for breakfast, lunch, and dinner. The restaurant contains a • bar serving beer, wine, and mixed alcoholic drinks with meals. On Sundays, brunch is served and, on occasion, a banquet is accommodated. The restaurant is located in the Masi Plaza with on-site parking and no adjacent residential areas. During peak business hours (lunch, dinner, and weekends), there will be a maximum of 15 employees. No physical expansion of the restaurant is`proposed with this request. B. Hours of Operation: The proposed change in the hours is directly related to the_ applicant's desire to offer entertainment at the restaurant. The key reason for adding entertainment is to give the applicant an opportunity to distinguish their restaurant in the community as a desired destination point to better compete with new or up and coming restaurants in the nearby centers. The applicant's desire is to have the extended hours and entertainment activity increase their business. The extended hours of operation will not pose significant impacts on the center as most (if not all) of the other (non-food) businesses in the center will be closed. Although 24 Hour Fitness and Jack-in-the Box are open late, their patrons during the late hours are minimal and park close to their respective front doors, which are a considerable distance away from Felipe's Mexican Restaurant. However, staff believes the late closing hours are not appropriate for a restaurant use and more like those of a nightclub and/or bar. Staff recommends adjusting the hours to no later than midnight from Sunday to Thursday and a closing time of 1:00 a.m, on Friday and Saturday. These hours allow for extended business opportunity and are more in keeping with the family type of restaurant Felipe's Mexican restaurant is known to be. In addition, these hours are similar to the business hours of most other sit down restaurants in the community. A condition of approval reflecting staff's recommended change in business • hours is included in the resolutions prepared for this application. c ~ ~ a~ PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 3 • C. Entertainment Permit: The purpose for the requirement of an Entertainment Permit is to ensure the compatibility of adjacent uses and separation of potential nuisance activities. Fortunately, no residential uses are adjacent or in the immediate area of the restaurant or the multi-tenant commercial center in which it is,located. As such, the potential conflict to sensitive uses is very low. As mentioned above, most (if not all) of the other (non-food) businesses in the center will be closed before entertainment activities are set to begin at the restaurant. Furthermore, the applicant will be required to provide full meals and outside security during the entertainment hours until the restaurant closes. Entertainment can be an appropriate supplemental activity in a restaurant when properly executed and conditioned. As proposed, the applicants' desire is to have live music and dancing in order to attract and entertain dining customers. Mariachi and Conjunto music, in particular, is very common at Mexican restaurants and helps to provide ambiance to the dining experience. In order to ensure that entertainment does not degrade and result in undesired impacts, the Entertainment Permit will be conditioned so that continued food service is provided at all times and that a security guard will be on duty. The property owner, Pacific Century Investment Inc., has provided the tenant and staff with a copy of a letter (dated June 4, 2007, and addressed to the owners of Felipe's Mexican Restaurant) outlining their expectations for the business. In the letter, the property owner approves family oriented entertainment provided that a duly licensed security guard is provided and that the business does not promote itself as a sports bar or sports restaurant (including pay per view events). • D. Land Use Comoatibilitv: The property is in the Commercial Center/Industrial Park (IP), Subarea 7, which allows for a range of retail, personal and professional services, including sit-down restaurants and live entertainment. As such, Felipe's Mexican Restaurant will be compatible as a land use and consistent with the other restaurant uses in the center, some of which have an Entertainment Permit. Felipe's Mexican Restaurant opened its doors at this location in 2000 and was granted approval of Conditional Use Permit 00-44 allowing a bar and the service of alcoholic beverages with meals. No problems with the current operation of the business at this location have been reported. Staff finds the proposed changes to the existing restaurant to be appropriate given the type of entertainment proposed, the location of the restaurant within a larger commercial center, and the lack of nearby residential/sensitive uses that could be adversely impacted by noise. Nevertheless, staff will add conditions of approval to ensure that the approved uses are properly controlled and can be enforced if necessary. E. Parking: The Masi Plaza was constructed in the early 1990's and is a 267,500 square foot multi-tenant commercial and retail shopping center. The total number of parking spaces required for the center is 1,074, and 1,123 parking spaces is provided leaving a surplus of 49 parking spaces. Restaurant uses are parked at a ratio of one space per 100 square feet of gross floor area. As such, the 3,500 square foot Felipe's Mexican Restaurant use requires a minimum of 35 parking spaces far the proposed use. Since no expansion of the floor area for the restaurant is proposed, no additional parking is required. This determination is based on the fact that an increase in occupancy is not allowed above that which already governs the restaurant. Staffs visits to the site indicate that while prime . parking spaces in front or close to the front doors are constantly in use, parking is C~~ai PLANNING COMMISSION STAFF REPORT DRC2007-00283 AND DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 4 generally available for patrons of all the business. As with most commercial centers, peak • hours are at lunch and dinner hours. Additionally, because the entertainment is scheduled to start at 9 p.m. each night (restaurant closed every Monday), and since the majority of the businesses within the shopping center will be closed, .more parking spaces will be available for restaurant patrons. Staff does not anticipate any signfficant parking impacts. F. Environmental Assessment: When the item was previously approved, the Planning Director found the project to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and has been used as a restaurant. The current project involves only a change in business hours and minor interior improvements to accommodate the entertainment within the existing lease space of the restaurant. The requested changes do not affect the original exemption finding. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No comments have been received in regard to this project. RECOMMENDATION: Based on the above analysis, staff recommends approval of Conditional Use Permit DRC2007-00283 thereby modifying Conditions B and 9 of City Planner Resolution 00-31 to allow extended hours of operation and entertainment in conjunction with restaurant use • at 11815 Foothill Boulevard. In addition, staff recommends approval of Entertainment Permit DRC2007-00284 specifically allowing nightly entertainment and dancing at the subject site. Respectfully submitted, w,~,.~.9. R. Ja es R. Troyer, AICP Planning Director JT:DC7ge Attachments: Exhibit A -Site Plan Exhibit B -Aerial photo Exhibit C -Floor plan Exhibit D -Applicant's Letter, dated June 6, 2007 Exhibit E -Property Management's Letter, dated June 4, 2007 u C~paa Q `~ N ~ N Sp~G ~ fD- II m~ O 5 ~ o v II II Illli II ~ IIII II I ~ II a ~ ~-0 ~ . ~ i ~ I I II I I i ~ I I II d ~~ I I I I i I III ~ _m ~ r° ea vo ? ~ [ w I I W ~ .n ~ m o pp o ~ m Q ~ C ~``~IfI IIl -- -- 1~~ .,.~..,,JJ Q ~ I .. I ~ F S "~ 0 J C9. ~ f- O 1 O '~ v W 0 "."'. ,~ nn~II111 I ~ ~ - ;~ a U~f~~ ~ m I I c~ y I I I I .r r Q: Cf) T = j0~ a LO N t1_ N (1111J_1.1J.f1 ~1~"~I~`7T~U ~~ ,_.....~ i ~/11~fr7 r' .~ ~~ ~°.~, C I ~v III ~ m W _ ~ qyN • p~ m0 ~~ 0°w QIII O I I?III I I ,-~ EXHIBIT A ~C ~/~~`°? ~~ Da3 111 'Q a W Z C] ^ w z w U W U W Q ••- W U W U ~ ~ W h ~ 9 Q a Gj '. ~~~~~~ ~ ~~~®~G~7 ~DUL~ 119 2®®7 • ~+ ~ pad I. ~ ~~~~ ~ T • i + L+ ri I: ~ i IlI~ ~Y' II'I ±~ ~ ~ ,, ~ I ~ ~ ~ ~ ~, ~~ ~ ,~ ~ ~ ;.,~ ~ ~ ~~ o X ~ X~ X X Xis X 2 ~ `~ ~ ,`p i 'I 'rX MM,'Y I'. '' L-~ 1 L ~X ~~ Y. X ~ ~ ~ ~ Y ~, ~ ~ ~~~, i ,Cpy ~ : X ~ ~ ~i~ X ~ X II 7~ ~ C~ µ' ! ~ ~ _~ ~x ~~~y/~~~ ,~v ~ 1 ,~ x ~~ ~ x ~ ~ ~~ ~ '~ ~ ~~ (~ ., a ~ ~~,~ ~ X ~ y x~'~-~~ ~ X Y{~J~\/ I` W xti,:/K ~ K ~ 'z - x ~~ ~ x J ~, x x x ~_- ~'` -- _ f t f I ~~ I /~q ~ ~ L l M °' ~ ~ ~; x I ~~ ~. ~ G ~XE~IB{T C ~ ~ ~ ;~__I - ~ 7. ~ ~ ~ ~-~ ~ ,~c ~~.~.~-~ ~ C~ ~ a5 x x~ ~~~ x~ x ~x b '~- Q ~k 4~{{ w (zJ \ ~ ~. -. ~ ~A y ~~_~ X k~ ~~ I _.~_.~ ~~~ ~~ °+'x J 1!a ~„ ~~ V 1 V u ~ ~ ~. ;7 ~~ ~ ° ~;`~ ~,,~ l Q ~~~r~ M ? ~' ti '" ,. a Y n, a ~~ ~ ~ ~~ ~ STA'T'EMENT OF OPERATION June 6, 2007 To Whom It May Concern: Felipe's Mexican Restaurant Request to increase its business hours and provide live nightly entertainment that will consist of Mariachi Band, live (conjunto) Band, ICazaoke, Comedy, Disc Jockey and dancing. Therefore we are requesting to modify our existing Conditional use permit, CUP 2000-00044. The proposed business operation is to maintain the existing full service sit down Restaurant service and to add Nightly entertairunent. The change of business hours are 11:00 am until 2:00 am Tuesday to Sunday. The entertainment hours will be from 9pm until 1.30am Tuesday to Sunday. We will provide at all times during the entertainment hours, a Certified Security Personnel to assure orderly conduct and safety for both our customers and The Masi Plaza Shopping Center. As you might be aware we have been residents of this great city since 1963 and business owners and operators of Felipe's Mexican Restaurant since 1983. Consequently we have had the opportunity to see the grov;rth of this community step by step. We believe that adding entertainment will make our business more competitive with the many new establishments that have come to Rancho Cucamonga in recent years. T hope this will insure the future success of our Restaurant, Thank you fo our consideration of this requ~t,-__ ,~~~ !.~ ~-~ f~ /Fehp/~ Piedr$ Jose Sambolin Alma De I,a Piedra EXHIBIT D FELIPE'S MEXICAN GRILL Masi Plaza 11815 Foothill Blvd Unit E Rancho Cucamonga, CA 91730 909-484-2050 909-484-2860 (fax) 909-957-5411 (cell) C d~ ~p a~ u U • ~~ ~~~ PAC~pC CBNiVR{ IIISEBTMeNT. IIiC • June ~, X007 Felipe De La Piedra and Alma De La Piedra Felipe's Restaurant 11815 Foothill Blvd., # E Rancho Cucamonga, CA 91730 Re: Request for Amcndmcnt to Lease -Live; Entertainment 11615 Foothill Blvd., #E, Rancho Cucauoovaga, CA Demr Felipe & Alma De La Piedras I am pleased to advise that your soquest for, an amendment to your Lease to allow live entertaizunent has been approved by the Landlord, subject to the CC& R's and under the following conditions: 1. Felipe's will be required to carry liquor liability insurance iA an amount no lesEi • than $3,D00,000. Provf of insurance must be provided to Landlord. 2. Felipe's will be required to obtain a Conditional Uae Petmit from the City of Rancho Cucamonga. Once the above two requirements arc met, aH Azzaendtnent to your Lease will be prepared for signature. Ia addition to the above requirements, the Amendment will also include the following language: RdDER 36.: CPNTENIPLATED BUBJiNTSS. Contemplated business shall include. Mexican Restaurant with live entertaitnnent and/or dance music shall be restricted to small, top 40 Bands or D.J., Karaoke, Stand up Comedy, Salo Performer on Cruitar yr Piano, Guest Performance b}~ Mariachis. No exclusive for live errtertainment. • 1400 N. Hnr6ar Hlvd.. 54a G2S, Fullerton, CA 42E35 Tcl; 714,) 449-0005, Fin; 714) 449-0065 EXHIBIT E ~~ ~~~~''~~~` C ~ ~ a~ ~~n. ~~® ~~ eaa,mcc5drurtr a~vear4srtr. nJc RIDER 36.1: PRECLUDED USES & OT$FR RESTRICTION5 DN U9E5. Precluded Uscs include. Promoting the Premises as a sports bar or sports restaurant through signage, flyers, ads, exterior dtspleys or, any other means and promoting the televising of sports events on the Premises or offering "pay for view" sporting events to patrons; however, this shall not preclude the teletdsirag of •`non-pay" broadcast channels Thai maybe incidentally showing sporting events in addition to other programming. RIDER 36.2: LANDLORD'S APPROVAL OF LIVE ENTERTAINMENT' ANDIOR DANCING. Live etttcrtaittmcnt and/or dancing shall only be permitted with Landlord's approval, said approval to be in Lanndlord's sole grad absalrrte discretion. Any live entertainment and/or dancing shall be family oriented, Landlord reserves the right to require Tenant, at Teaent's expense, to provide a California state licensed security guard with the Premises and/or outside patrolling the common areas adjacent to the Premises during evening entertaimnent hours (10:00 p.m. and closing) on evenings in • which live entertainment aad/or dancing is provided. Live entertainment and/or danoe music shall be restricted to small top 40 Bands or D.J., IGaraolce, Stand up Comcd}~, Solo Perfozmer on Cruller ar Piano, C3uest Performance by IvYariachis. '!'here shall be no live entertainment and/or dance music on the outside patios or exterior of the Premises and music shall not be audible outside the Premises. If Tenant violates the above provisions, then Landlord shall give the, Tarrant one (I) day written notice (hand delivered to Tenant or Tenant's manager), oz three (3}day written notice b}~ mail to correot said defect. If Tenant fails 1A correct said defect, then Tenant shall be deemed to be in default under the Lease and Landlord shall have the right to exercise all remedies under the Lease, including termizzation of Live Entertainment and/or the Lease Agreement. Tenant acknowledges that Tenant shall not promote said Premises as a "club", or create a "club-like" atmosphere, In no event shat) Tenant charge "at the door" or any other type of admission. In regard to epeci.¢~ events, Landlord, in Landlord's sole and absolute discretion, may allow an admission charge for family oriented special evcats, political fund raisers, and charitable events, 1400 N. Harbor Alvtl., Stc. 625, Fullcrna CA 92635 Tck 714)4.49.0005, Far,: 7] 4) 449-0065 • c~~a$ ~~~ ~~~ PGCRIC C6NTYpY INV4S1'pBM. INC RIDER 36.3. LANDLORD'S ELECTIdN 'I'O 1tEQU[iRE TENANT TO PROVLUE SECURITX, As long as Tenant operates their business to include Live EntertaitTmani, in whole or in part, as described in Section 36.1, then Landlord shall have the right, in Landlord's sole and absolute discretion, to require Tenant to provide a California state licensed aecurity guard within the Premises during the evening hours (10:00 p,m. until closing) on evenings in whioh live entertainment and/or dancing is provided. Said socurit}' guard shall also be responsible for monitoring activities on the patio areas, parking lot and adjacent common areas to the Premises. Such determination to require security shall be made by Landlord, If Tenant fails to provide said security within three (3) days of written notice by Landlord, or within one (1) day hand dalivored notice to 'T'enant or Tenant's manager, then Tenant shall be in default o£the Lease and Landlord shall Itave the right to exercise all remedies provided udder the Lease, including termination of Live Entertainment and/or the Lease Agreement LANDLORD AND TENA,IVT ACKNOWLEDGE THAT THIS LETTER IS NOT AN AMENDMENT TO LEASE AND THAT IT I5IN7'ENDED AS THE BASI6 FOR THE PREPARATTON OF AN AMENDMENT BY LANDLARA. AN AATENDEMENT SHALL BE • SUBJECT TO LANALORD'S AND TENANT'S APPROVAL, AND ONLY A FULLY EXECUTED AMENDMENT SHALL CONSTI7TJTE AN !.MENDTIENT FOR THIS LEASE LANDLORD MAKES NO WARRANT'I' OR AEPRE6ENTATIp1r*g TO TENANT THAT ACCEPTANCE OII THI6 LETTER WII.L GUARANTEE THE EXECt1T'ION OF AN AMENDMENT FOR THE LEASE. THE FINAL AMENDEMENT DOCIIMENT SHALL INCORPORATE THE PROVISION6 CONTAINED IN THIS LETTER AND ANY OTHER PROVISIONS UPON wHTCH THE TENANT AND LANDLORD MAY MUTIIALLX AGREE. LANDLORD RESERVES THE RICHT TO NEGOTIATE WITH OTHER PROSPECTIVE TENANTS AND IS NOT 0>3LIGA.7'ED TO NIVG077ATE EXCLUSIVELY WTTH Tlii; SUS.TI'CT PROSPECTIVE TENANT. Fclipe and AJ.ma, pleasc keep us ind'ormed as to the progress of obtaining the Conditional Use Permit from the City and insurance requirerrrents noted above, Once thcsc documents are received, we will proceed with the Lease Amendment. If J can be of further assistance, please do not hesitate to contact me. Sincerely, YNS Enterprise Nv. I, LLC ~ PACIFIC CEN Y INVESTMENT, INC., its property manager ~ ~~~~~ Mane S. Mathewson Property Manager • 14(ID N. Harbor Blvd.. Sm. 625, rulicrton, CA S2875 Tct: 714) 449-DD06, Fmc: 714) 449•DOGS C~ ~D~q RESOLUTION NO. 07-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF • RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, DRC2007-OD283 AMENDING CONDITIONAL USE PERMT 00-44 ALLOWING A CHANGE IN BUSINESS HOURS AND ALLOW ENTERTAINMENT AT AN EXISTING MEXICAN RESTAURANT WITHIN THE MASI PLAZA SHOPPING CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-011-38. A. Recitals. 1. Alma and Felipe De La Piedra, owners of Felipe's Mexican Restaurant at the above location, filed an application to amend Conditional Use Permit No. DRCCUP00-44 as described in the title of this Resolution. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 25th day of July 2007, 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. 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 hearing on July 25, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Felipe's Mexican Restaurant located at 11615 Foothill Boulevard, within the Masi Plaza Commercial center with a street frontage of over 1,000 feet along Foothill Boulevard, and which is presently improved with buildings, parking, and landscaping; and b. The property to the north of the subject site is zoned Community Commercial (CC) in the Foothill Boulevard Specific Plan, and the properties to the south, east, and west are zoned Industrial Park (IP), Subarea 7; and c. The existing restaurant opened at the subject location in 2000 pursuant to the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages (Type 47 ABC License) in conjunction with meals; and d. The existing restaurant use occupies a lease space of approximately 2,800 square feet and has an outdoor dining area of approximately 600 square feet; and ~ EXHIBIT E ~-~~o~ C~~3b PLANNING COMMISSION . ,cSOLUTION NO. 07-43 DRC2007-00283- FELIPE'S MEXICAN RESTAUF;ANT July 25, 2007 Page 2 e. The applicant has proposed no exterior changes or expansion of the restaurant • except for minor interior revisions to accommodate a small 150 square foot entertainment area; and f. Felipe's Mexican Restaurant has requested a modification to the existing conditions of approval to change the existing business hours from 10:00 a.m. to 9:00 p.m. every day to new hours of 11:00 a.m. to 2:00 a.m., Tuesday through Sunday (closed Mondays) and to allow entertainment at the restaurant. g. However, staff finds the proposed late closing hours are not appropriate for a restaurant use and more like those of a nightclub and/or bar. As such, staff recommends new business hours from 11:00 a.m. to midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. on Friday and Saturday. These hours allow for extended business opportunity and are more in keeping with family type of restaurant Felipe's is known to be. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed request to modify conditions of approval is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. 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; and c. The application, which contemplates modifications to the operations of the existing • restaurant use, complies with each of the applicable provisions of the.Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan, In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independentjudgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3, and 4 above, the Planning 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: Planning Department 1) Approval to amend Conditional Use Permit 00-44 is granted to allow new business hours and entertainment (subject to the approval of a separate Entertainment Permit) for the existing full-service restaurant use at 11815 Foothill Boulevard. All remaining conditions of approval for of the abovementioned Conditional Use Permit for the restaurant shall continue to apply. • C~~31 F'~ANNING COMMISSION ..cSOLUTION NO. 07-43 DRC2007-00283- FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 3 2) The new business hours for the existing restaurant use shall be 11:00 a.m. to 2:00 a.m. seven days a week. Further changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the restaurant building. 4) The restaurant shall continue to offer a full menu of food items cooked on the premises and served during all hours that alcoholic beverages are made available for purchase and consumption. At no time shalt alcoholic beverages be served when full menu items are not offered by the restaurant. No physical expansion of the existing restaurant use shall be allowed with prior City review and approval and amendment of this Conditional Use Permit. 5) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations Uniform , Building Code, or any other City Ordinances. 6) The business shall operate in conformance with the performance • standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit maybe reviewed by the Planning Commission for consideration and possible termination of the use. 7) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 8) Any modification or expansion of the floor plan which increases dance floor/entertainment area, "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • C~Q3a PLANNING COMMISSION kcSOLUTION NO. 07-43 DRC2007-00263- FELIPE'S MEXICAN RESTAURANT July 25, 2007 PagE BY: ATTI • I, James R. Troyer, AICP, 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 25th day of July 2007, by the following vote-to-wit: AYES: COMMISSIONERS:' HOWDYSHELL, FLETCHER, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • • C ~+ b- 33 • L~ V V ~U~~t~- i~ ~ J E. i.b ~' ~ Q ~~ ~ ~ ~~ 1r X '~• ~-- o X x x x x x r~ 1J 3 ~ ,a ~ x x 2 ~' 4 a ~ ~' ~ ~ ~~ ~ ~ ~ 2 Y~ o ~ x x x -' U ' x x ~ ~~ ~ ^ ~ x x ~x ~ ~' ~C t ~ ~~ ~ X ; Oa I ~ ~e o ac, q .. X^ '; ~ ~ ~ x ~-~ = ~ (~ "~ ~ " '~ " ~', ~- ~~ ~x ~ ~ X ~ x ~ XD ` A. xU~ ~ ~ ~ ~ ~ ~" x ~ x ~ ~ ~ ~X n x .o 'i - x - -E '~ 1 F ~' ~~~~-1 ~ k~j ~~ 41 Iu1 ~ ~' o P r- i - I ~ ; ~; X X '~ X I ~1~ xX ~~ X ~xH~Bi~ A X, 1Q O ~~_, ~ ,~~ ~ l _____I ~~ ~~J4' ~~ ~r x ~( X ~ X '~ ~!1 ~' ~~ :T' r `~ ~ Q ~.J t ~ ~~ ~ ~ ~~ -~, ~ p. a~ 1 ~i . ~~~~~. J n 2 L U ~ ~. ,. ,. L-~- ~ STANDARD CONDITIONS PROJECT #: SUBJECT: CONDITIONAL USE PERMIT AND APPLICANT: ALMA AND FELIPE DE LOCATION: 11 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 • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at 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. 07-43 and 07-44, 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 EngineerlArchitect. B. Site Development Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. • 1 I:\PLANNING\FINAL\PLNGCOMM12D07 Res & Stf Rpt\DRC2007-00283 StdCond 7.251.doc Completion Date -I-l- ._I-l- - -!- '_!-!- C~ ~ 35 P ;1'No.DRC20D7.00283 AND DRC2007-OD284 3. 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. C. Shopping Centers Graffiti shall be removed within 72 hours. 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. D. Environmental Noise levels shall be monitored after construction to verify the adequacy of the mitigation measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 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. Existing Structures Upon tenant improvement plan check submittal, additional requirements may be required. Comolation Date -~-~- ~• -~-~- -/-~- I • I~\PLANNINGIFINALIPLNGCOMM12007 Res 8 Stf Rpt\DRC2007-00283 StdCond 7-251.doc C~ D3Lv RESOLUTION N0.07-44 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2007-00284, A REQUEST TO ALLOW LIVE ENTERTAINMENT AND DANCING AT AN EXISTING RESTAURANT USE IN THE MAST PLAZA CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0229-011-38. A. Recitals. 1. Alma and Felipe De La Piedra, owners of Felipe's Mexican Restaurant at the above location, filed an application for an Entertainment Permit DRC2007-00284, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 25th day of July 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City, of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on July 25, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Felipe's Mexican Restaurant located at 11815 Foothill Boulevard, within the Masi Plaza Commercial center, which has a street frontage of over 1,000 feet along Foothill Boulevard, and is presently improved with buildings, parking, and landscaping; and b. The property to the north of the subject site is zoned Community Commercial (CC) in the Foothill Boulevard Specific Plan, and the properties to the south, east, and west are zoned Industrial Park (IP), Subarea 7; and c. The existing restaurant opened at the subject location in 2000 pursuant to the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages (Type 47 ABC License) in conjunction with meals; and d. The existing restaurant use occupies a lease space of approximately 2,800 square • feet and has an outdoor dini~n/g area of approximately 600 square feet; and ~~ X31 PLANNING COMMISSIOIn~ ~:ESOLUTION NO. 07-44 DRC2007-00284 -ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 2 e. The applicant has proposed no exterior changes or expansion of the restaurant • except for minor interior revisions to accommodate a small 150 square foot entertainment area; and f. On July 25, 2007, Felipe's Mexican Restaurant obtained approval to modify business hours and allow entertainment at the restaurant subject to the approval of Entertainment Permit (DRC2007-00283). g. The applicant has submitted an Entertainment Permit request to allow live music (e.g., Mariachi and Conjunto bands, karaoke, etc.), disc jockey, comedians, and dancing at the restaurant each night (except Mondays) beginning at 9:00 p.m. and ending at 1:30 a.m. All of the entertainment,willnccur indoors, and no significant interior change is proposed except the creation of a 150 square foot stage. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed Entertainment Permit, 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; and c. The application, which contemplates modifications to the operations ofthe existing • restaurant use, complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined-that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Ctass 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1,2,3, and 4 above, the Planning Commission hereby_approvesthe 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) The Entertainment Permit approval is for live vocal .or musical performances (e.g., Mariachi, Conjunto bands, karaoke, comedy, disc jockey) and dancing at Felipe's Mexican Restaurant, located at 11815 Foothill Boulevard. The entertainment is approved as an accessory activity to the existing restaurant use at the subject site. The restaurant shall be in full operation at all times alcohol is offered and entertainment is conducted at the subject site. • C~t~3~ PLANNING COMMISSIOIy ,RESOLUTION NO. 07-44 DRC2D07-00284 -ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 3 • 2) Entertainment shall be allowed only between the hours of 9:00 p.m. and 2:D0 a.m. seven days a week. Any modification of business dates and hours and/or entertainment hours shall require the review and approval by the Planning Commission of a modified Conditional Use Permit and modified Entertainment Permit. 3) Dance floorlperformance area shall be limited to a maximum of 150 square feet in the location as shown on the floor plan on file with the Planning Department. No physical expansion ~of the dance floor/performance area shall be allowed without prior Planning Commission review .and approval and the issuance of a new Entertainment Permit. 4) A minimum of one duly licensed and state registered security guard from a reputable security firm shall be provided, The security guard shall be conspicuously dressed, be present on the premises during the approved entertainment hours, and responsible for regular surveillance of the business operation of the restaurant and activity in the adjacent parking areas to avert and/or control problems such as loud noise, loitering, disorderly conduct from patrons, and any other nuisances or disturbance. The security guard/applicant shall immediately report any uncooperative persons or violent behavior to the Rancho Cucamonga Police Department for assistance,. Upon request by the City at any time, the applicant shall provide documentation verifying that all these • conditions have been met. 5) All entertainment activities shall be conducted entirely within the restaurant building. No entertainment shall be permitted in the outdoor dining area. 6) No adult entertainment as defined in Section 17.04.090 of the Rancho Cucamonga Municipal Code shall be permitted with this Entertainment Permit. 7) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform ~ Building Code, or any other City Ordinances. 8) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit and Entertainment Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 9) Any modification or intensification of the uses allowed .with this Entertainment Permit shall require review and approval by the Planning Commission. e~~3~ PLANNING COMMISSIOty ,RESOLUTION NO. 07-44 DRC2007-D0284 -ENTERTAINMENT PERMIT FOR FELIPE'S MEXICAN RESTAURANT July 25, 2007 Page 4 10) The applicant shall submit an annual Entertainment Renewal Permit application and fee of $75.00 pursuant to Municipal Code Section 5.12.115. 11) Any modification or expansion of the floor plan which increases "standing".area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the Commission for review and approval. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007 PLANNING ~CDig1MISSION OF THE CITY OF RANCHO CUCAMONGA BY: Chairman ATTEST: Ja s R. Troyer, AICP, Se etary I, James R. Troyer, AICP, 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 25th day of July 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOVVDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE C °~ ~ '-~ I~ • • H tom---.. ~~~~ • '~ W VL i v ;J i~ f~ X ~ ;. J ~ ;,~ ~~ ~ ~X ~~ ~ ~y 8? ~~ ~ ~~ O X ~ x X x ~~ $ x ~ ~~ G= I~ IX~ I~ ~~ ,x - - --Ix Ac K ~-~ ~ x ~ i ~' X x x ~ ~ 1 '~ x x ~ ~; ' V~ Q ; 7C 1( Xi X X X X ~'((~"~~C X~J?G ~ . X~ i n /. ~x x x~_,J~ x 'c; x ~'~ x O . ~~~ .; L.. ~~CHlBI~' A i 0 I._ ~ ~ i~~ ~ ~~ ~ ~C~b4l x~ ~~ X X X~X ~ ~~~ iX XD ~~ ~ ~ ~ ~ ~ x~ . k FL n u X ~ F `c.. 1 ~X (~~ I_ ~x i ~~ v f~ L U ~~ T J ~., ~~ r:;.~ ~o ,~ o~~ 1. J n'1 x f2 r ~~ ~~~ ~~ ~~~~~ STANDARD CONDITIONS PROJECT #: DRC2007-00283 AND DRC2007-00284 SUBJECT: CONDITIONAL USE PERMIT AND ENTERTAINMENT PERMIT APPLICANT: ALMA AND FELIPE DE LA PIEDRA LOCATION: 11815 - APN 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 • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such'approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a cdurt 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. D7-43 and 07-44, 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 sealedlstamped by a licensed Engineer/Architect. B. Site Development 1. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. • 1 I:\PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-OD283 SldCond 7-251.doc Completion Dele '-/-/- _!_/ / / -/-/- C T ~ ~~ icl No.DRC2007-D02B3 AND DRC2007-00284 ~ . Completion Date 3. 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. ~. C. Shopping Centers ' 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and ! / debris remain for more than 24 hours. ---- D. Environmental 1. Noise levels shall be monitored after construction to verify the adequacy of the mitigation _/_/ measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. A final acoustical report shall be submitted for Planning Director review and approval priorto final occupancy release. The final report shall also make recommendations as toadditional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 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. Existing Structures 1. Upon tenant improvement plamcheck submittal, additional requirements may be required. / / ---. • I:\PLANNING\FINALIPLNGCOMM12007 Res & Stf Rpt\DRC2007-00283 StdCond 7-251.doc C ~- D ~} 3 • - carried ~~ net acres with a total of 266,323 square feet of building area within the Industrial ar i istrict, located on the west side of Haven Avenue, between Arrow Route and 26th Stree - 092-04. Related File: Tentative Tract Map SUBTT16909. A Mitigated Negative Declaration environmental impacts has been prepared for consideration. Larry Henderson, Principal Planner, noted he received a letter from South Coast uality Management District (SCAOMD) at 4:18 p.m. today. He also noted that the exhibit o e A-B 55 has been corrected to show a rock pilaster and the use of a new color similar to wilding to be c~sisfent with what the Design Review Committee approved. Chairman Stewart opened the public hearing Kevin Ennis, Assistant City Attorney stated that the letter from MD indicates the City should consider a new model that has recently been put into place hese types of air quality studies. Mr. Ennis determined that there are not facts supportin eir conclusion requiring us to either continue the item or resubmit the environmental stud cause the Initial Study was performed before this model became the official standard. Ned Sciortin, Hillwood Investment Properties, Larry Henderson for their assistance in thel Norton, San Bernardino, thanked staff and t Review process. Chairman Stewart closed the public Commissioner Munoz stated it is ood project, and that the developer worked with staff to meet the requirements of the Have erlay. Vice Chairman Fletcher ed he had concerns about the architecture until he saw the color renderings. He state is now more comfortable with it and would go ahead with the Design Review Committee staff recommendations. Chairman Ste commented that this project went through a workshop and Design Review several times. Motio Moved by Munoz, seconded by Fletcher, to adopt the Resolutions of Approval for Te we Tract Map SUBTT16909 and Development Review do tion of tigated Negative Declaration of e ' .«... NOZ, STEWART, WIMBERLY C. CONDITIONAL USE PERMIT DRC2007-00283 - FELIPE'S MEXICAN RESTAURANT - A request to modify Conditional Use Permit No. 00-44 for new business hours and to allow live nightly entertainment in an existing restauraht use at.11815 Foothill Boulevard in the Industrial Park District (Subarea 7) -APN: 0229-011-38. Related Files: Conditional Use Permit No.00-44 and Entertainment Permit DRC2007-00284. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15301, Class 1; Existing Facilities D. ENTERTAINMENT PERMIT DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT - A request to allow live nightly entertainment and dancing within an existing restaurant at 11815 • Foothill Boulevard, in the Industrial Park District (Subarea 7) -APN: 0229-011-38. Related Planning Commission Minutes EXHIBIT (; ~~ y..~ `p~July 25, 2007 C °'' Files: Conditional Use Permit DRC2007-00283 a nd Conditional Use Permit 00-44. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines, Section 15301, Class 1; • Existing Facilities. Daniel Correa presented the staff report. He noted a correction on page 1 of the staff report. He said it should indicate the square (dotage as 2,900 square feet. Chairman Stewart asked if he reviewed with the applicant the modification of the condition stating the requirement to close 1 hour earlier than what the applicant requested. She asked if the applicant agreed to the condition. Mr. Correa stated he discussed it with the applicant a nd he (the applicant)would still prefer closing at 2:00 a.m. but staff suggested the change be made in keeping with the concept of the business being more of a family restaurant. - Commissioner Munoz asked if the opening time had also changed. Mr. Correa reported that the restaurant will now open one, hour later. Kevin Ennis, Assistant City Attorney noted a correction for Page C & D-14, condition #4 which should read, "No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit." Chairman Stewart asked if all the hours stated are consistent between the two resolutions. Vice Chairman Fletcher asked if other places in the Masi Plaza are open until 2:00 a.m. Mr. Correa stated Omaha Jack's has a full bar open until 2:00 a.m. to the west of Felipe's. He noted • it is a brewery, restaurant and bar. Chairman Stewart opened the public hearing. Felipe de la Piedra, owner of Felipe's restaurant, read a statement to the Commission noting he has been in operation for 24 years and has been involved, and supportive of, the community. He commented that his sales have dropped and now they have to compete with Las Campanas and to that end they would have to expand and be innovative by offering late evening dining and entertainment. He asked the hours of operation be revised to be open seven days a week, opening at 11:00 a.m. and remaining open until 2:00 a.m. Vice Chairman Fletcher asked what the closing hours are of the other places. Mike Diaz reported that similar establishments that serve alcohol are Bellissimo and EI Torito which close at 11:00 p.m. He said they did not consider places such as Denny's or Jack in the Box because they do not serve alcohol. Mr. Diaz noted that the hour's shown in paragraph 'f of the resolution states the applicant's requested hours and that paragraph 'g' are staffs recommended hours of operation and that they are correct as stated. Chairman Stewart closed the public hearing. Commissioner Howdyshell stated it appears there is ample parking at the location of Felipe's and she did not feel the extra hour of closing at 2:00 a.m. would make a significant difference. • Planning Commission Minutes -3- July 25, 2007 e ~- ~ ~5 Commissioner Munoz concurred in thinking that the 2:00 a.m. closing time would not make a difference and he asked staff to explain their direction and why they believe it would make a difference. • Mr. Diaz commented that with the family type of operation, the earlier hour was so families could get out prior to the closing of Omaha Jacks at 2:00 a.m. He said the closing hour (during the week) of midnight seemed to make sense since most people work during the week anyway. He noted the only difference was on weekends with a closing of 1:00 a.m. and that the Commission certainly has the option of adjusting the hours apart from the staff recommendation. Commissioner Munoz confirmed that the Conditional Use Permit could be reviewed at a latertime if problems arose as well as the Entertainment Permit. Mr. Diaz stated that is correct. Commissioner Wimberly concurred and stated he is comfortable with the 2:00 a.m. closing on weekends. Vice Chairman Fletcher noted that the purpose for the extended hours is to help a family restaurant be competitive with the many other restaurants that have opened in town and the extra hour could do that. Chairman Stewart said she could understand why staff made their recommendation because they are being mindful of a prior business in town that created issues related to their hours of operation although it was also related to an adjacent residential area. She did note the difference from Omaha Jack's. She said she could see giving Felipe's the opportunity to stay open until 2:00 a.m. and if it becomes a problem, the Commission could bring it back for review. She commented that for the smaller family businesses things are getting tough., • Mr. Troyer asked for confirmation of the proposed hours during the week and weekend. Chairman Stewart clarified that the hours are to only be extended to 2:00 a.m. on Friday and Saturday and the hours for Sunday through Thursday would be midnight as stated in the staff report. Mr. Correa stated the applicant had originally requested a 2:00 a.m. closing everyday with the exception of Mondays on which they would be closed. He said staff would prefer to only extend the hours,on the weekend and close at midnight on the weekdays. Commissioner Munoz asked if staff had done some analysis for the other businesses in the plaza for the weekdays. Mr. Correa mentioned that.there are about 6 restaurants in the plaza, most closing between 11 and 12:00 p.m. with the exception of Omaha Jack's. He said since the other businesses in the center are retail and commercial, they will already be closed when the entertainment at Felipe's begins at 9:00 p. m. Commissioner Munoz asked for the hours for Omaha Jack's on a weekly basis. Mr. Correa stated they are open seven days a week, 1 1:00 a.m. - 2:00 a.m. Chairman Stewart asked for clarity from the applicant on his requested hours. Mr. de la Piedra stated his desire would be to be open seven days a week, 11:00 a.m. -2:00 a.m. • Planning Commission Minutes -4- July 25, 2007 C~~~ Commissioner Howdyshell remarked that most businesses have to factor if it is economically feasible for the doors to stay open until 2:00 a.m. on a midweek night. Commissioner Munoz commented that the market would indicate that and decide if he can stay • open until 2:00 a.m. He said he would therefore support the extended hours and bring it back if it becomes a problem. Kevin Ennis, Assistant City Attorney, commented that the business that became a problem a few years ago was because it was a restaurant that began operating like a nightclub. He added that it interfaced with residential issues. He said the main point is that this business is to operate like a restaurant and not a nightclub. He noted that this business could be sold and then gravitate to that. He commented that the location is different and there are some protections in that they are required to serve food for the entire time alcohol is being served. Mr. Diaz noted that the lease agreement from the plaza notes that a sports bar operation is also prohibited. Mr. Ennis commented that the tools they have are these: requiring food to be served at all times, the size of the dance floor is limited, and adult entertainment is not allowed. He asked staff if they are restricted from changing the number of seats. - Mr. Correa reported that only a 150 square foot area is allotted to entertainment and dancing and that no changes in the interior or exterior of the structure will be allowed without review. Commissioner Munoz clarified that any changes in that would be brought back to the Commission. Mr. Correa stated that is correct. He noted that this is the first time staff has heard the applicant make this particular request to be open on Mondays. • Mr. Diaz confirmed that if the applicant requests an expansion of the dance floor area, they are to come in for review of all the appropriate documents. Commissioner Howdyshell asked if the 150 square foot dance floor area was already there or if seats were removed to create it. Mr. Diaz said he was not sure but it is likely there was a reduction in seating to accommodate that. He said they cannot exceed their maximum occupancy load. Chairman Stewart asked the applicant to come forward. She asked if they expect high volume patronage resulting from the entertainment other than Fridays and Saturdays. She asked if there is an industry standard. She commented that she understands why staff is recommending the reduced hours particularly if his business should fail and be sold, because the result can be ugly. She asked him if staying open until 2:00 a.m, on Sundays would help him with a midnight closure on the other nights. She said the Commission would like to help him but she thought the late closure on the weekends was the request. Mr. de la Piedra said there is a market for late closure every night and he would like to take advantage of that. He said their research indicates there are other restaurants in the community with late closures. Chairman Stewart closed the public hearing Mr. Ennis commented that the Commission should balance the request with the issues brought • forward and that they may want to impose a condition on the CUP and Entertainment Permit Planning Commission Minutes -5- July 25, 2007 requiring a modification for any expansion of not just the dance floor area but also the bar area (meaning if there is greater standup area). Commissioner Fletcher asked if the Conditional Use Permit could be specific to this owner. • Mr. Ennis replied no, that it runs with the land. Chairman Stewart commented that imposing this kind of condition certainly makes it harder. Mr. Ennis said the intent is"for the operation to be a restaurant and to remain a restaurant use. Mr. Troyer noted that Exhibit C shows 5 tables with 20 chairs and if removed, that entertainment area could be greatly increased, thus the staff condition to make Exhibit C part of the CUP so that it can be regulated via the floor plan. Commissioner Howdyshell stated she is fine with the Monday hours, the City can accommodate many restaurants and this restaurant could generate more business and they could be open 7 days a week. Commissioner Munoz concurred and he suggested the hours be modified, and Exhibit C be added so that it cannot be changed without returning to the Commission. He moved to approve. Motion: Moved by Munoz, seconded by Wimberly, to adopt Conditional Use Permit DRC2007- 00263 and Entertainment Permit DRC2007-00284 with the amended days and hours as follows: ,they may operate seven days per week 11:00 a.m. to 2:00 a.m. daily and that Exhibit C (floor plan) is added to the resolution with the requirement that any modifications that either expand the bar area or reduce the seating area be brought back to the Commission for review and approval. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried Commissioner Munoz asked for a clarification regarding the serving of alcohol/food. Mr. Diaz commented that the understanding is that they stop serving at 1:30 so that their staff can clean up and close by 2:00 a.m. R R R k '~-"v7~RiX~7CE~RC200Z-00396 - JALAL NOORZADY - A Request to reduce the required side yard setback from 27 feet to 18 feet in the Low Residential District at the s ~/ orner of Amethyst Avenue and 19th Street - APN: 0202-111-05. The pro' determined to be categorically exempt from the requirements oft nvironmental Quality Act (CEQA) as a Class 5 exemption under Sta uidelines Section 15305, which covers minor alterations in land use lim' includes variances for side yard setbacks. Tabe van der Zw nted the staff report. He noted that two letters were received from adjacent n ' stating opposition to the variance request. One of the letters states his reason to is because the lot is too small for the proposed house. _ design in the agenda packet is what will be built. • Planning Commission Minutes -6- July 25, 2007 C~Q~`b '~~i1Fli ~~ •I . 'rs':flT~l '.!Si Business Name Business Location - ~.-•• ••• •••• vvbAlYIVMVA Rancho Cucamonga,lCA 91728 Ogp~er DrBiQv9) 47.0.08°~ TH, 7:ODAM to 6:00 PM BUSINESS LICENSE RENEWAL NOTICE NEW LICENSE PERIOD ts: 09/01 /2006 - 08!3112007 Felipe's Taqueria 11815 Foothill Blvd #E Rancho Cucamonga, CA 91730 Melling Address FELIPE'S TAQUERIA 11815 FOOTHILL BLVD #E RANCHO CUCAMONGA CA 91730 Descri tion of Business ~ p MEXICAN RESTAURANT BRANCH LO ION Ownership Sole Proprietorship E- i State License No' License Type Resale No. 000023759562 Federal I.D. No. Owner Name Felipe De La Piedra Home Address ON FILE Owner Name Alma De La Piedra Home Address ON FILE Title Co-owner Driver's License No. Title Co-owner Driver's License No, gees are INCOMPLETE FORMS, INCLUDING NON-PAYMENT OF APPLICABLE PENALTIES, WILL NOT BE PROCESSEDI! ""ATTENTION"" If $ox 5 appears to be a credit - STOPII I ___ Please contact our office for assistance _ __ ""BUSINESSES .WITHIN CITY LIMITS ONLY"" ALL BUSINESS LOCATION CHANGES MUST BE MADE IN PERSON~AT CITY HALLI Other changes can be made on the renewal """"SUBJECT TO AUDIT"" SEP ~ ~ 2006 y3 ~ ~ ~~ , Receipt # _ PAYMENT DUE '\~ DATE 09J3012006 Bus. Phone (8081 980-4252 Bus. Fax Start Date 09!01/2000 SIC Code 5612001 / Rate Type Adminish`ative ~~ Bus, Type 040 \ ~ 8uslnert Sold Entor Dab of 6.1e ~ Buslntsss Closed Engr Deh C 'Contractors" No work In dhe City ntr On....1... n..__ _ Expiration Date State ID No. 103-0767-1 Phone ON FILE Cell Phone ON FILE Social Securtty No. ON FILE Phone Cell Phone Social Security No. Pt.EASE PAYTHE'FOLLO'WING AMOUNT?DUE: :~~ ~d11 • r meta grocs•forlastyear $ TT .~~....~ r o t 1 O.OD 1. 2. Actual gross reor last year $ ~^, '`) ~L7 k. 3. Difference between box 1 and boz 2 ~" (+fordebtt,--for.credlt). Ir Yre~1 ~ $ ~ 3. f 4. Es:tlmated,gross re ~ for this year, - ` $ ~ L~t~~ ~~~' ~~ 4. 5. If boz 3 Isa•credlt, subtractttfrom box 4 If box 3 1sa debit, add ttto box .4 and $ enter In box 5, 5. ~w 6. Use tax schedule on the reveres of hit forms to calculate~the'AMOUNT DUE for n n $ ( box S and enter In box 6, ~ tO sC. v~. S 6. 7. PREVIOUS BALANCE $ 0.00 7. B. FLAT FEE $ , e 9. PENALTY - 50°/, , $ 9. 10. TOTAL DUE A ~~~ /~ / / $ ./ In~.~ C 10. I declare, under penally of making a false declaration, that f am authorized toirrrake this statement and to the best of my knowledge and belief It is true, correct, and a complete statement, rr~de in good faith. ter Phone amber - nature: ~ ':~; ,i (; ._ /~ ~' '' ~ , MAIL, EARLY! PENALTY IS CHARGED ON ALL LATE PAYMENTS ~ NO EXCEPTIONSI Printed 7/18/2006: am Cash ~ Check-Check No. ~ Checks pay le to: City of Rancho C among, Payment is made by: ^ Visa ^ Mastercard Name as it appears on Credit Card: Charge Account No.: ~c a-~ d - lad EXH I B IT H -~ ---- a.l 1 s yr Ilwn~.nv 1.tJY:pryIpNGA 105DD Civic Center Drive • Rancho Cucamonga, CA 91730 (909) 477-2700 M-TH, 7:00 AM to 6:00 PM ~ PAYMENT ', R BUSINESS LICENSE RENEWAL NOTICE !S DUE New Business License Period is: 09101l2D07 - 08131!2008 09/30/2007 PLEASE UPDATE ALL OF THE INFORMATION BELOW -attach additional pages If necessary. BUSINESS TAX CERTIFICATE NO. 036867 /~ -f c ~G O ~ a y t~ V'r ~ ~ B i " ' ~ EXPIRATION DATE 08/3'1 !2007 l 1 yl C( us ness Name - ° ^° _-...r.-.:::r=..;a- .- Bus. Phone (909) 980-4252 Business Location 11615 Foothill Blvd #E Bus. Fax Rancho Cucamonga, CA 91730 Email Atldress Webslte Address LOCO Ctrl '~(YIG( ~-Y/~/ Start Date 09/01120D0 ' Mailin Add g ress _ r_ SIC Code 5g12DD1 11815 FOOTHILL BLVD #E Rete Type Retell RP;NCHO CUCAMONGA CA 91730 Bus. Type o4D Ownership ,Sa{e•Preprietvrsh{~ Description of Business Mexican Restaurant ° , ausinesa soitl State License or p "ter a[° ~''r° - State I.D. No. 10307671 COntre Cter LIC. No. ~ Business Closed ~ Emer Da[s Federel I.D. No. License Type - ~ 'Contractors` No work in the Chy Resale No. 000023759562 Expiration Date of Rancho Cucamonga at this IIme Name Feiipe De La Piedra ~ Title C - er Phone ON FILE Address DN FILE r '~ Cell Phone ON FILE Social Securiq~ No. ON FILE Driver's License No. Name Alma'De La Piedra Title C „` ~ Address ON FILE ' % J phone r Cell Phone Social Security No. Driver's License No. Emergency Contact - In ease of emergency and I cannot be reached, please call: ,~/ ~ ~- Name o ~ Phone N - SE ~ SI°c+-1 ~j OL.'i ~ ) ~v' er's License N - • Renewal Meseage • ~ ~ _ ~-__. ' Retell, Wholesale, Miscellaneous ' PLEASE COMPLETE THE FOLLOWING: Actual Gross Receipts $ 'ZS'~ 1t Previous Balance $ ~ p,pp (1. Ceiculate your tax based on gross receipts using one of the lines below: Buslnass Taz Fee $ a a S ~ (2', 1. tf gross receipts are $D.OD to $25,000 ..:...........................$23.00 Penalty•50% of (2) $ \~ Z ~+~'O ' (3 , 2, If gross receipts are $25,001 to $100,OD0: TOTAL AMOUNT $ 3 3 „~ ~,• ' - $25,000 = x .0006 = + $23.00 = 4 DUE (1 )+(2)+(3) Gross receipts Subtotal Tax Due Fsvmenf t .lst hod; 3. If gross receipts are $100,W1 to $SDO,D00: ~ / O Cash O'C ~D h k C - $100,OD0 = x .0003 = + $68.170 = ec - heck No. Gross receipts Subtotal Tax Due (Payable to: City of Rancho Cucamo ) / ^ Cradil Card ' 4. If gross receipts are over $SOD,D01: S c -1S'D -$SOD,ODO= ~'Lx.OD015= tJ~.S +$1BB.DO=~a'S ^ Visa ^ MC Gross receipts Subtotal Tax Due Name as It appears on Credit Card: Please enter the n b f l s ~~ um er o emp oyee : Credit Card No. °In accordance with section S.D4.21 D of the Municipal Code. I certify that Expiration Date (MN/YYYY): / The statement of gross receipts reported here is correct." Billing Zip Code: ^ ~(~T 1 ~ '~~`"""Subject To Audit"""`"" ~ i ~ ~ J LL 1I V-Code (3 or4 digit code on back of ard): v Receipt # v I Amoun; Authorized to Charge: $ Signature: I declare, under penalty e1 perjury, that this renew has been e a by me and to the bes ' t o/ my knowledge and liel it rs a true corr ct d e complete statement of facts. ~ ~ , e , an 1 Signature of Owner or Representative: _ _ ~. - Date_ ~.~_' ' _-~ ~___7_. _ RETURN COMPLETED RENEWA NOTICE TO ABOVE ADDRESS WITH A CHECK PAY _ ._-. ABLE TO THE CITY OF RANCHn ni ir•.ennne,r_• ~G7 Printed 7/31/2007: 5:49 pm ~ ~ ~ ~~ CITY OF RANCHO CUCAMONGA m~mrou~vnuM ,~ BUSINESS LICENSE CHANGE OF INFORMATION FORM BUSINESS LICENSE NUMBER : G '~ lp •~ k -} TYPE OF CHANGE: ~3 u~ c ~-4~ti ~ ~ ~~ FR01~ ~~ ~ ~ x~ E S ~\-~c.~ V car µt- n EFFECTIVE DATE: !Ca~ (S ~ c ~-- BUSINESS NAME; ~E L ~ ~ ~ ~ e.~ ~ ~aZ ~ r} ~ C~ ~ ^L S ~l.l ~.\2T~ >--~~1 u ~ W T PL1 NNlNG DEPARTMENT BUSMESS LOCATION- O APPROVED O DENIED SIGNATURE AMOUNT' DUE S ~ ~V~~~ DATE AMOUNT PAID S --~__ DATE PAID ~_~ RECEIPT p NEW CERTIFICATE ORDERED YES O NO 0 CHANGE RECORDED ~D _ C~ X51 CITY OF RANCHO CUCAMONGA MEMORANDUM BUSINESS LICENSE CHANGE OF INFORMATION FORM EFFECTIVE DATE; lI. l i ~s. ~~ ~ BUSINESS NAME: `~~L- ik- ~' ~~~ ,1 /~ ~~- / pia ~.~` BUSINESS LICENSE NUMBER: (/ ~~~~ TYPE OF CI~?,NGE; FROM: TO: 1 F ~~~ ~ ~~.~~ ~. f%Z~X/~~-s'r C'~~ri~'/ aJ ~i ~~~~~ DATE DEPARTMENT BUSINESS LOCATION SiGNA O APPROVED AMOUNT DUE S C ' / , / AMOUNT PAID NEW CERTIFICATE ORDERED DATE PAID YES O NO O O DENIED CFWJGE RECORDED DATE RECEIPT k / ~/ '~ • „~~~1 ~~ • y~~ 5.12.010 u • Chapter 5.12 REGULATION OF ENTERTAINMENT Sections: 5.12.010 Permit 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 Time 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 Permit required. No person or business entity 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, is provided or fur- nished without 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 live 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 pertormance 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) 5.12.030 Exclusions. The provisions of this chapter shall not be deemed to require a permit for the following: A. For the use of a radio or other electronical playback device in any establishment, except when EXHIBIT I 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 literary purposes, having an estab- lished membership, and which holds meetings at regular intervals of not less than once per three- month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association; E. For entertainment provided solely by a pi- ano player or harpist playing music for the amuse- ment of guests or patrons of an establishment; F. For entertainment conducted solely on or at any premises or location which is owned or oper- ated by, or leased by, to or from the United States, state of California, county of San Bernardino, or any agency or subdivision thereof. (Ord. 290 § 1 (Part), 1986) 5.12.040 Application for permit. 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 appli- cant; B. The name, proposed and current, if any, business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in fts articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, 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 C~~S~ -5.12.050 entertainers, as the city manager may deem nec- essary; D. The date, hours and location where the en- tertainment is proposed to be conducted, and the admission fee, if any, to be charged; E. The name or names of the person or per- sons responsible for the management or supervi- sion or applicant's business and of any entertain- ment; F. A statement of the nature and character of applicant's business, if any, to be carried on in con- junction with such entertainment, including whether or not alcohol will be served as part of such busi- ness; G. Whether or not the applicant or any person or persons responsible for the management or su- pervision of applicant's business have been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, 'rf any; H. Whether or not applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency; I. Such other reasonable information as the city manager, or designee, may deem necessary. (Ord. 290 § 1 (part), 1986) 5.12.050 Investigation and hearing. After the application for an entertainment permit has been filed, the city manager shall cause an in- vestigation to be made .of such application, and af- ter such investigation has been completed he shall cause the application to be set for hearing before the planning commission and shall notify the appli- cant of the date of such hearing. (Ord. 290 § 1 (part), 1986) 5.12.060 Notice of hearing. After the city manager has set the application for hearing, he shall cause notice of the hearing to be given to all property owners within three hundred feet oT the proposed or actual location of the appli- cant's business. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equalized assessment roll. Additionally, the city manager shall cause a public notice to be posted at the location where the business or enter- tainment is to be conducted. All 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 city 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 appli- cation. (Ord. 290 § 1 (part), 1986) 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- tennine all the facts and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including, the nature and location of the proposed entertainment. (Ord. 290 § 1 (Part), 1986) 5.12.080 Denial of application. At the conclusion of the hearing before the plan- ning commission, the planning commission shall grant, conditionally grant, or deny the application, which decision shall be final unless appealed in accordance wtth the provisions of Section 17.02.0808 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 dedision is rendered. The planning commis- sion may deny said application tt it shall find and determine any of the following: A. The conduct of the establishment or the granting of the application would be contrary to the public health, safety, morals or welfare; 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 principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition or pertorm- ance of any obscene show of any kind, or of a felony or of any crime involving moral turpitude, or has had any approval, permit or license issued in conjunction wtth the sale of alcohol or the provision of entertainment revoked within the preceding five years; or 94 u • L~~S~} 5.12.090 • • r 1 L_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 Conditions 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 it 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 if 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 behalf of, the permit- 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 activity; or 3. Is convicted of a felony, or any crime involy- ing moral turpitude; or 4. Violated any rules, regulations or conditions adopted by the planning commission or city council relating to the permittee's business or permit; or 5. Conducted a permitted business in a man- ner contrary to the peace, health, safety and gen- eral welfare of the public; or 6. Demonstrated that he/she is unfit 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 within thirty days of the date of such deci- sion and shall be final unless appealed in accor- dance with the provisions of Section 17.02.OBOB of 95 C ~- 'D 55 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 addition 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 permit shall submit to the city manager, or his designee, a written 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 modifica- tion to the entertainment permit is warranted. 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 will 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 file their applications for an entertainment permit with the city manager. (Ord. 290 § 1 (part), 1986) 5.12.130 Security guard required at dances. Ail persons conducting a public dance or any entertainment where dancing by patrons or cus- tomers is permitted, shall have in attendance at the premises for the purpose of supervising the danc- ing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted 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 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 with or contrary to the provisions of this chapter are repealed to the extent such provisions are inconsis- t8lit with or contrary to the provisions of this chap- ter. (Ord. 290 § 1 (part), 1986) 5.12.150 Prohibition and penalties. A. It is unlawful for any person, firm, partner- ship or corporation to violate any provision or to fail to comply with any of the requirements of this chap- ~ ter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply 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 within one year; 3. A fine not exceeding five hundred dollars for each additional 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 any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, 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 Civil remedies available. A violation of any of the provisions of this chap- ter shall constitute 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 C ~- p 5l~ hased office development of 9 buildings covering 17.1 net acres with a total of 266,323 square ee o w rng the Haven Avenue Overlay District, • located on the west side of Haven Avenue, between Arrow eet - APN: 0209- 092-04. Related File: Tentative Tract Map SUBTT16909. A Mitigated Negative n of environmental impacts has been prepared for consideration. Larry Henderson, Principal Planner, noted he received a letter from South Coast Air Qu ' Management District (SCAQMD) at 4:18 p.m. today. He also noted that the exhibit on Page 55 has been corrected to show a rock pilaster and the use of a new color similar to the bu' g to be consistent with what the Design Review Committee approved. Chairman Stewart opened the public hearing. Kevin Ennis, Assistant City Attorney stated that the letter from SCAO 'indicates the City should consider a new model that has recently been put into place for the types of air quality studies. Mr. Ennis determined that there are not facts supporting their nclusion requiring us to either continue the item or resubmit the environmental study beta the Initial Study was performed before this model became the official standard. Ned Sciortin, Hillwood Investment Properties, 105 Larry Henderson for their assistance in the Deve San Bernardino, thanked staff and Review process. Chairman Stewart closed the public hearing. Commissioner Munoz stated it is a good the requirements of the Haven Overlay,; and that the developer worked with staff to meet • Vice Chairman Fletcher stated had concerns about the architecture until he saw the color renderings. He stated he is r~more comfortable with it and would go ahead with the Design Review Committee and st~ff~recommendations. Chairman Stewart cQyti'mented that this project went through a workshop and Design Review several times. .g-s" Motion: ,ct3loved by Munoz, seconded by Fletcher, to adopt the Resolutions of Approval for Tent de Tract Map SUBTT16909 and Development Review DRC2006-00557 with the adoption of a igated Negative Declaration of environmental impacts. Motion carried by the following vote: ES: FLETCHER, HOWDYS~~J„Z s-~nrnaT ~nnnngFg~y NONE -carried + Y + * k C. CONDITIONAL USE PERMIT DRC2007-00283 - FELIPE'S MEXICAN RESTAURANT - A request to modify Conditional Use Permit No. 00-44 for new business hours and to allow live nightly entertainment in an existing restaurant use at 11815 Foothill Boulevard in the Industrial Park District (Subarea 7) -APN: 0229-011-38. Related Files: Conditional Use Permit No.00-44 and Entertainment Permit DRC2007-00284. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15301, Class 1; Existing Facilities D. ENTERTAINMENT PERMIT DRC2007-00284 - FELIPE'S MEXICAN RESTAURANT - A request to allow live nightly entertainment and dancing within an existing restaurant at 11815 • Foothill Boulevard, in the Industrial Park District (Subarea 7) -APN: 0229-011-38. Related 's -2- July 25, 2007 EXHIBIT B c~~5~ f~-,o-~~ Files: Conditional Use Permit DRC2007-00283 and Conditional Use Permit 00-44. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines, Section 15301, Class 1; Existing Facilities. Daniel Correa presented the staff report. He noted a correction on page 1 of the staff report. He said it should indicate the square footage as 2,900 square feet. Chairman Stewart asked if he reviewed with the applicant the modification of the condition stating the requirement to close 1 hour earlier than what the applicant requested. She asked if the applicant agreed to the condition. Mr. Correa stated he discussed it with the applicant and he (the applicant)would still prefer closing at 2:00 a.m. but staff suggested the change be made in keeping with the concept of the business being more of a family restaurant. Commissioner Munoz asked if the opening time had also changed. Mr. Correa reported that the restaurant will now open one hour later. Kevin Ennis, Assistant City Attorney noted a correction for Page C & D-14, condition #4 which should read, "No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit." Chairman Stewart asked if all the hours stated are consistent between the two resolutions Vice Chairman Fletcher asked if other places in the Masi Plaza are open until 2:00 a.m. Mr. Correa stated Omaha Jack's has a full bar open until 2:00 a.m. to the west of Felipe's. He noted • it is a brewery, restaurant and bar. Chairman Stewart opened the public hearing. _ Felipe de la Piedra, owner of Felipe's restaurant, read a statement to the Commission noting he has been in operation for 24 years and has been involved, and supportive of, the community. He commented that his sales have dropped and now they have to compete with Las Campanas and to that end they would have to expand and be innovative by offering late evening dining and entertainment. He asked the hours of operation be revised to be open seven days a week, opening at 11:00 a.m. and remaining open until 2:00 a.m: Vice Chairman Fletcher asked what the closing hours are of the other places. Mike Diaz reported that similar establishments that serve alcohol are Bellissimo and EI Torito which close at 11:00 p.m. He said they did not consider places such as Denny's or Jack in the Box because they do not serve alcohol. Mr. Diaz noted that the hours shown in paragraph 'f' of the resolution states the applicant's requested hours and that paragraph 'g' are staff's recommended hours of operation and that they are correct as stated. Chairman Stewart closed the public hearing. Commissioner Howdyshell stated it appears there is ample parking at the location of Felipe's and she did not feel the extra hour of closing at 2:00 a.m. would make a significant difference. • Planning Commission Minutes -3- July 25, 2007 C~ 058 Commissioner Munoz concurred in thinking that the 2:00 a.m. closing time would not make a difference and he asked staff to explain their direction and why they believe it would make a • difference. Mr. Diaz commented that with the family type of operation, the earlier hour was so families could get out prior to the closing of Omaha Jacks at 2:00 a.m. Fje said the closing hour (during the week) of midnight seemed to make sense since most people work during the week anyway. He noted the only difference was on weekends with a closing of 1:00 a.m. and that the Commission certainly has the option of adjusting the hours apart from the staff recommendation. Commissioner Munoz confirmed that the Conditional Use Permit could be reviewed at a later time if problems arose as well as the Entertainment Permit. Mr. Diaz stated that is correct. Commissioner Wimberly concurred and stated he is comfortable with the 2:00 a.m. closing on weekends. Vice Chairman Fletcher noted that the purpose for the extended hours is to help a family restaurant be competitive with the many other restaurants that have opened in town and the extra hour could do that. Chairman Stewart said she could understand why staff made their recommendation because they are being mindful of a prior business in town that created issues related to their hours of operation although it was also related to an adjacent residential area. She did note the difference from Omaha Jack's. She said she could see giving Felipe's the opportunity to stay open until 2:00 a.m. and if it becomes a problem, the Commission could bring it back for review. She commented that • for the smaller family businesses things are getting tough. Mr. Troyer asked for confirmation of the proposed hours during the week and weekend. Chairman Stewart clarified that the hours are to only be extended to 2:00 a.m. on Friday and Saturday and the hours for Sunday through Thursday would be midnight as stated in the staff report. Mr. Correa stated the applicant had originally requested a 2:00 a.m. closing everyday with the exception of Mondays on which they would be closed. He said staff would prefer to only extend the hours on the weekend and close at midnight on the weekdays. Commissioner Munoz asked if staff had done some analysis for the other businesses in the plaza for the weekdays. Mr. Correa mentioned that there are about 8 restaurants in the plaza, most closing between 11 and 12:00 p.m. with the exception of Omaha Jack's. He said since the other businesses in the center are retail and commercial, they will already be closed when the entertainment at Felipe's begins at 9:00 p.m. Commissioner Muhoz asked for the hours for Omaha Jack's on a weekly basis. Mr. Correa stated they are open seven days a week, 11:00 a.m. - 2:00 a.m. Chairman Stewart asked for clarity from the applicant on his requested hours. • Mr. de la Piedra stated his desire would be to be open seven days a week, 11:00 a.m. -2:00 a.m. Planning Commission Minutes -4- July 25, 2007 C~~Sq Files: Conditional Use Permit DRC2007-00283 and Conditional Use Permit 00-44. The project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under State CEQA Guidelines, Section 15301, Class 1; • Existing Facilities. Daniel Correa presented the staff report. He noted a correction on page 1 of the staff report. He said it should indicate the square footage as 2,900 square feet. Chairman Stewart asked if he reviewed with the applicant the modification of the condition stating the requirement to close 1 hour earlier than what the applicant requested. She asked if the applicant agreed to the condition. Mr. Correa stated he discussed it with the applicant and he (the applicant)would still prefer closing at 2:00 a.m. but staff suggested the change be made in keeping with the concept of the business being more of a family restaurant. Commissioner Munoz asked if the opening time had also changed. Mr. Correa reported that the restaurant will now open one hour later. Kevin Ennis, Assistant City Attorney noted a correction for Page C & D-14, condition #4 which should read, "No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit." Chairman Stewart asked if all the hours stated are consistent between the two resolutions. Vice Chairman Fletcher asked if other places in the Masi Plaza are open until 2:00 a.m. Mr. Correa stated Omaha Jack's has a full bar open until 2:00 a.m. to the west of Felipe's. He noted • it is a brewery, restaurant and bar. Chairman Stewart opened the public hearing. Felipe de la Piedra, owner of Felipe's restaurant, read a statement to the Commission noting he has been in operation for 24 years and has been involved, and supportive of, the community. He commented that his sales have dropped and now they have to compete with Las Campanas and to that end they would have to expand and be innovative by offering late evening dining and entertainment. He asked the hours of operation be revised to be open seven days a week, opening at 11:00 a.m. and remaining open until 2:00 a.m. Vice Chairman Fletcher asked what the closing hours are of the other places. Mike Diaz reported that similar establishments that serve alcohol are Bellissimo and EI Torito which close at 11:00 p.m. He said they did not consider places such as Denny's or Jack in the Box because they do not serve alcohol. Mr. Diaz noted that the hours shown in paragraph 'f of the resolution states the applicant's requested hours and that paragraph 'g' are staff's recommended hours of operation and that they are correct as stated. Chairman Stewart closed the public hearing. Commissioner Howdyshell stated it appears there is ample parking at the location of Felipe's and she did not feel the extra hour of closing at 2:00 a.m. would make a significant difference. Planning Commission Minutes -3- July 25, 2007 C~DloO Commissioner Munoz concurred in thinking that the 2:00 a.m. closing time would not make a difference and he asked staff to explain their direction and why they believe it would make a • difference. Mr. Diaz commented that with the family type of operation, the earlier hour was so families could get out prior to the closing of Omaha Jacks at 2:00 a.m. He said the closing hour (during the week) of midnight seemed to make sense since most people work during the week anyway. He noted the only difference was on weekends with a closing of 1:00 a.m. and that the Commission certainly has the option of adjusting the hours apart from the staff recommendation. Commissioner Munoz confirmed that the Conditional Use Permit could be reviewed at a latertime if problems arose as well as the Entertainment Permit. Mr. Diaz stated that is correct. Commissioner Wimberly concurred and stated he is comfortable with the 2:00 a.m. closing on weekends. Vice Chairman Fletcher noted that the purpose for the extended hours is to help a family restaurant be competitive with the many other restaurants that have opened in town and the extra hour could do that. Chairman Stewart said she could understand why staff made their recommendation because they are being mindful of a prior business in town that created issues related to their hours of operation although it was also related to an adjacent residential area. She did note the difference from Omaha Jack's. She said she could see giving Felipe's the opportunity to stay open until 2:00 a.m. and if it becomes a problem, the Commission could bring it back for review. She commented that • for the smaller family businesses things are getting tough. Mr. Troyer asked for confirmation of the proposed hours during the week and weekend. Chairman Stewart clarified that the hours are to only be extended to 2:00 a.m. on Friday and Saturday and the hours for Sunday through Thursday would be midnight as stated in the staff report. Mr. Correa stated the applicant had originally requested a 2:00 a.m. closing everyday with the exception of Mondays on which they would be closed. He said staff would prefer to only extend the hours on the weekend and close at midnight on the weekdays. Commissioner Munoz asked if staff had done some analysis for the other businesses in the plaza for the weekdays. Mr. Correa mentioned that there are about 8 restaurants in the plaza, most closing between 11 and 12:00 p.m. with the exception of Omaha Jack's. He said since the other businesses in the center are retail and commercial, they will already be closed when the entertainment at Felipe's begins at 9:00 p.m. Commissioner Munoz asked for the hours for Omaha Jack's on a weekly basis. Mr. Correa stated they are open seven days a week, 11:00 a.m. - 2:00 a.m. Chairman Stewart asked for clarity from the applicant on his requested hours. Mr, de la Piedra stated his desire would be to be open seven days a week, 11:00 a.m. -2:00 a.m. Planning Commission Minutes -4- July 25, 2007 C~~lo1 Commissioner Howdyshell remarked that most businesses have to factor if it is economically feasible for the doors to stay open until 2:00 a.m. on a midweek night. Commissioner Munoz commented that the market would indicate that and decide if he can stay • open until 2:00 a.m. He said he would therefore support the extended hours and bring it back if it becomes a problem. Kevin Ennis, Assistant City Attorney, commented that the business that became a problem a few years ago was because it was a restaurant that began operating like a nightclub. He added that it interfaced with residential issues. He said the main point is that this business is to operate like a restaurant and not a nightclub. He noted that this business could be sold and then gravitate to that. He commented that the location is different and there are some protections in that they are required to serve food for the entire time alcohol is being served. Mr. Diaz noted that the lease agreement from the plaza notes that a sports bar operation is also prohibited. Mr. Ennis commented that the tools they have are these: requiring food to be served at all times, the size of the dance floor is limited, and adult entertainment is not allowed. He asked staff if they are restricted from changing the number of seats. Mr. Correa reported that only a 150 square foot area is allotted to entertainment and dancing and that no changes in the interior or exterior of the structure will be allowed without review. Commissioner Munoz clarified that any changes in that would be brought back to the Commission. Mr. Correa stated that is correct. He noted that this is the first time staff has heard the applicant make this particular request to be open on Mondays. • Mr. Diaz confirmed that if the applicant requests an expansion of the dance floor area, they are to come in for review of all the appropriate documents: . Commissioner Howdyshell asked if the 150 square foot dance floor area was already there or if seats were removed to create it. Mr. Diaz said he was not sure but it is likely there was a reduction in seating to accommodate that. He said they cannot exceed their maximum occupancy load. Chairman Stewart asked the applicant to come forward. She asked if they expect high volume patronage resulting from the entertainment other than Fridays and Saturdays. She asked if there is an industry standard. She commented that she understands why staff is recommending the reduced hours particularly if his business should fait and be sold, because the result can be ugly. She asked him if staying open until 2:00 a.m. on Sundays would help him with a midnight closure on the other nights. She said the Commission would like to help him but she thought the late closure on the weekends was the request. Mr. de la Piedra said there is a market for late closure every night and he would like to take advantage of that. He said their research indicates there are other restaurants in the community with late closures. Chairman Stewart closed the public hearing. Mr. Ennis commented that the Commission should balance the request with the issues brought • forward and that they may want to impose a condition on the CUP and Entertainment Permit Planning Commission Minutes -5- July 25, 2007 c~~ ~a L J r ~ U requiring a modification for any expansion of not just the dance floor area but also the bar area (meaning if there is greater standup area). Commissioner Fletcher asked if the Conditional Use Permit could be specific to this owner. Mr. Ennis replied no, that it runs with the land. Chairman Stewart commented that imposing this kind of condition certainly makes it harder. Mr Ennis said the intent is for the operation to be a restaurant and to remain a restaurant use. Mr. Troyer noted that Exhibit C shows 5 tables with 20 chairs and if removed, that entertainment area could be greatly increased, thus the staff condition to make Exhibit C part of the CUP so that it can be regulated via the floor plan. Commissioner Howdyshell stated she is fine with the Monday hours, the City can accommodate many restaurants and this restaurant could generate more business and they could be open 7 days a week. Commissioner Munoz concurred and he suggested the hours be modified, and Exhibit C be added so that it cannot be changed without returning to the Commission. He moved to approve. Motion: Moved by Munoz, seconded by Wimberly, to adopt Conditional Use Permit DRC2007- 00283 and Entertainment Permit DRC2007-00284 with the amended days and hours as follows: they may operate seven days perweek 11:00 a.m. to 2:00 a.m. daily and that Exhibit C (floor plan) is added to the resolution with the requirement that any modifications that either expand the bar area or reduce the seating area be brought back to the Commission for review and approval. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried Commissioner Munoz asked for a clarification regarding the serving of alcohol/food. Mr. Diaz commented that the understanding is that they stop serving at 1:30 so that their staff can clean up and close by 2:00 a.m. _... '8°1`~7ANCE DRC2007-00396 - JALAL NOORZADY - A Request to reduce the required side yard setback from 27 feet to 18 feet in the Low Residential District at the s corner of Amethyst Avenue and 19th Street - APN: 0202-111-05. The projec en determined to be categorically exempt from the requirements of the Calif nvironmental Quality Act (CEQA) as a Class 5 exemption under State CEQA . ' Ines Section 15305, which covers minor alterations in land use limitations and,j~fl~es variances for side yard setbacks. • Tabe van der Zwaag presented off report. He noted that two letters were received from adjacent neighbors statin sition to the variance request. One of the letters states his reason to oppose is becaus of is too small for the proposed house. Chairman art clarified that the house had to come back for review and she questioned if the desiga ' t e agenda packet is what will be built. Planning Commission Minutes t~-8- C ~ r\ ~D'J July 25, 2007 Mike Eddy, Assistant Pastor for Calvary Chapel reported that the walls are fixed and not of the movable variety. He expressed many thanks totv~e~Lt7/If~~,faedags~helpdwaictg~tF~ew~rocess. L - 'a'~Cuesta Drive, remarked that he was a member of the Design view Committee in 2002 when the church first underwent the Development Review process said that the DRC at that time made sure that it was a nice building, that there was sufficie rking etc. He said he now attends the church and that the church is active in providin ices to life/safety personnel in times of tragedy or disaster. He remarked that the church as need of 3 services and that this school facility will be for the many children in their con gation. Chairman Stewart closed the public hearing. Commissioner Munoz remarked that the staff report a esolution address all the concerns related to parking, a safe spot for the drop off and pick up children. He moved approval. Commissioner Howdyshell said she is pleaseiat staff gave the project a good look. She said the community needs these services that will provided by this development and that she likes the layout shown on the floorplan. Commissioner Wimberly agreed th . it is a usable layout and that it does serve the community. He said it appears the concerns ha een resolved. Chairman Stewart reported tat she too was on the DRC in 2002 and that they took the time and effort to review their ma r plan and that future growth was planned into it including the parking; She said this is an ex ple of good planning. Motion: Non-Cc the folk AYES: NOES: NONE FLETCHER Munoz, seconded by Wimberly, to adopt the Resolution of Approval for ditional Use Permit DRC2006-01051 as presented by staff. Motion carried by LL, MUNOZ, STEWART, WIMBERLY • J .,_ B. CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) -A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 modifications ofthe approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 -CONTINUANCE REQUESTED C. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 -CONTINUANCE REQUESTED Chairman Stewart read the item descriptions into the record and then announced the legal counsel representing the ownership of the business have requested a continuance to August 13, 2008. She asked for a motion for the request. Planning Commission Minutes -2- July 9, 2008 • C ~. ~ l04 Motion: Moved by Howdyshell, seconded by Munoz, to grant the request to continue the item to the August 13, 2008 meeting. Motion carried by the following vote: • AYES: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: FLETCHER -carried ..... PUBLIC COMMENTS Cyrus Ho" +~.Or~arg'Fst7r"e , cdmmented on the need for the City to consider sustainab opment and to conserve resources and that the City should be more diverse in desi nd foster walk-ability because of the heavy consumption and cost of fossil fuels. He said has an interest in City Planning and new urbanism development. .««.» COMMISSION BUSINESS/COMMENT Commissioner Munoz commented that the new updated Gener flan will address the issues of sustainability and that Mr. Hojjaty is invited to participate in th , rocess. He said he agrees with recognizing the need for considering sustainability. Chairman Stewart echoed the comment and presented the speaker with a flyer announcing an invitation to become a Visioneer for the General Plar~¢Uodate. Chairman Stewart reported that selections for,,~fi~'e Trails Committee would be made at the next • meeting on July 23, 2008. ,.~ D. DESIGN REVIEW COMMITTEE AP~D~ I/NTMENTS Chairman Stewart noted that Vice C)~~(rman Fletcher has expressed the desire to no longer be an alternate for the committee. She added that she would like to remain on the committee. ;fij Commissioner Munoz agreg that serving on the DRC requires some experience. He recommended Commissiond~Wimberly as the alternate. Commissioner Howdy~ll supported the suggestion and said that the transition is vital. F The CommissionerSjagreed that Chairman Stewart and Commissioner Munoz would remain on the DRC and Commissioner Wimberly would serve as Alternate. ~,~ E. SELECTION OF PLANNING COMMISSION OFFICERS Chairman Stewart commented that she must step down. She noted that Vice Chairman Fletcher said he''would like to serve as Chairman. She suggested Commissioner Munoz serve as Vice Chairman. Commissioner Wimberly voiced his agreement and Commissioners Howdyshell and Munoz concurred. The Commission agreed that the new Chairman would be Rich Fletcher and Vice Chairman would • be Lou Munoz. Planning Commission Minutes -3- July 9, 2008 C~ ~ ln5 ~~ C. CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 modifications of the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38. Continued from July 9, 2008. D. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38. Continued from July 9, 2008. Chairman Fletcher opened the floor for public comment for those who could not attend the Meeting on August 27, 2008. Seeing and hearing no comment he closed the public hearing. Chairman Fletcher noted that a continuance has been requested and that the hearing would remain open and continued to August 27, 2008 and asked for a motion and a second. Motion: Moved by Stewart, seconded by Howdyshell, to continue Items C & D to the August 27, 2008 meeting (carried 5-0). Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE ..... utvcwrmitrvi Vvut H,MtNUMtNI°'""[~RG''zOS8.Q09.8fi - ITY OF RANCHO CUCAMONGA - A request to amend the Development Code Sections - Districts; 17.10 -Commercial/Office Districts; and Section 17.30 -Industrial Di prohibiting public storage facilities including recreational vehicle storage and min' rage in Residential Districts (with the exception of the provision for such faciliti ermitted or conditionally permitted within the Terra Vista Community Plan) and C ercial Districts. The proposed amendment also amends Section 17.30 from per ng storage facilities "by right" and to require a Conditional Use Permit for all storag cility applications. Staff has determined that the project is exempt from a requirements of the California Environmental Quality Act (CEQA) Sectio 5061 (b) (3). Related files: Victoria Community Plan Amendment DRC2008-00 This item will be forwarded to the City Council for final action. -, F. VICTORIA COMMUNITY PLAN AM~~N~tVIENT DRC2008-00561 -CITY OF RANCHO CUCAMONGA - A request to~la amend the Victoria Community Plan revoking Ordinance No. 287 and prohj g public storage facilities including recreational vehicle storage and mini-storage I Residential Districts. Staff has determined that the project is exempt from the re ents of the California Environmental Quality Act (CEQA) Section 15061 (b) (3). ed files: Development Code Amendment DRC2008-00196. This item will be forty ed to the City Council for final action. • • • C~~~~ for their own frontage. • Mr. Markman said the Commission may not be in a position to act on this item night. street and Mr. Indvik said he understands the ambiguity and is willing to take a goo aith effort and would ultimately accept it if there is nothing the Planning Commission can to guarantee the final condition. He added that their client wants to move forward with the p rect. Chairman Fletcher closed the public hearing. Mr. James noted that the conditions in question appear on pag 80, 81, 118 and 119 ofthe agenda packet. He suggested the conditions be re-worded to rea 1, b: Provide new street pavement section as prescribed by the City Engineerto centerline ofs eet, curvilinearsidewalk, three (3) 9500 lumen HPAV streetlights, traffic signing and striping, an treet trees. On page 81, condition 2,b: Provide new street pavement section as prescribed the City Engineer to centerline of street, curvilinear sidewalk, two 85001umen HPSV streetlig ,drainage facilities as determined necessary, traffic signing and striping, and street trees. a same two conditions are repeated in the Development Review resolution on pages 118 d 119 and should be revised in like manner. Vice Chairman Munoz commented that it is attractive project and that the applicant worked with the DRC to address their concerns. He emarked that Mr. James committed to work with the applicant and that the changes to the c ditions would be made as agreed. Commissioner Wimberly concurred d that he also noted that the applicants worked with the DRC and they were very cooperative. _ Commissioner Stewart state he is pleased with the new language, thanked the applicant for • working so well with DRC a is in support. Chairman Fletcher co ented that it can be difficult with last minute changes. He said he is pleased that the appli nts had a good working relationship with staff and also pleased to hear the applicant is an em er in the City of Rancho Cucamonga. Motion: Mo by Munoz, seconded by Wimberly, to adopt the Resolutions approving SUBTPM18 4 and Development Review DRC2008-00083 with the amended conditions and to adopt a Mi ated Negative Declaration of environmental impacts. Motion carried by the following vote: AYES FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOE NONE ABSEN~+^~--- ___ -carried .,,.. I. CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) -A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or vvelfare or materially injurious to properties in the vicinity. The Planning Commission will consider modifications ofthe approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN:0229-011-38: Continued from July 9, and August 13, 2008. CONTINUANCE REQUESTED. • Planning Commission Minutes -8- August 27, 2008 C °N ~ ~O rI J. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38. Continued from July 9, 2008 and August 13, 2008. CONTINUANCE REQUESTED. Chairman Fletcher noted that the public hearing was previously continued and remains open from the last meeting. He asked if anyone present would like to speak on the items that would not be able to attend the future hearing requested on September 10, 2008. Jim Gilbuena, 7704 Belvedere Place, Rancho Cucamonga, stated his family attends Karate classes at the Red Dragon Karate studio located next to EI Loco Cantina. He said he really noticed a change when the ownership changed. He said he has no problem with the business itself, but that he would request they "not start entertainment" until after the school closes for the day because the students are often barefoot and the Cantina patrons leave broken glass and also do not clean up the vomit in the parking lot. He said he believes harmony can be achieved, that it is a productive center and they can do a good business there. He said the business owner should police the area, pick up their trash and remove their cones. Chairman Fletcher confirmed that the Red Dragon Karate School is next door to EI Loco Cantina. Vice Chairman Munoz confirmed that the speaker was requesting that the owners of EI Loco Cantina not start their entertainment until after 9:00 p.m. and that he directly had experienced issues with glass, vomit and cones. Mr. Gilbuena confirmed that it has been his personal experience. Motion: Moved by Munoz, seconded by Stewart, to continue the items to the September 10, 2008 Planning Commission meeting. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE -carried +.... ORAL UPDATE ON RECORDING EQUIPMENT USED IN CITY HALL MEET Lois. Schrader, Planning Commission Secretary, reported that the Ci ouncil and the Planning Commission meet several times per year in the Tri-Communities m and that the recordings of those meetings and subsequently the minutes of those meet' , are not always complete because of the poor quality of the recording. She noted that the_~so em was brought to the attention of the City Manager and the problem has now been referr , ~'~o the Purchasing Department. She reported that the Purchasing Department is evaluating ~e~situation and that another report would be brought to the Commission when more informati¢~rs available. • James Troyer, Planning Directgr'~nnounced the resignation of Rina Leung, Senior Planner. He noted that after 16 month„ ifh our Planning Department, she will now be a full time Mom. He remarked that she halCnbwn and worked with him for over 10 years and that she headed up many • important prole ~'~uch as the Medical Marijuana Ordinance, and the new Temporary Sign Plannin ommission Minutes -7- August 27, 2008 C °~- CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES • Regular Meeting September 10, 2008 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Mayuko Nakajima, Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; Denise Sink, Office Specialist II; Daniel Correa, Assistant Planner ._.,_ ANNOUNCEMENTS • No announcements were made at this time. k lllft APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Howdyshell, carried 5-0, to approve the Special Meeting Minutes of the Joint Planning Commission and City Council meeting of May 7, 2008. Commissioner Munoz commented that the tapes for that meeting proved to be almost unintelligible and he has asked staff to follow up with his request for the City to investigate improving the recording system for the purposes of meeting legal requirements. Motion: Moved by Wimberly, seconded by Munoz, carried 5-0, to approve the minutes of August 27, 2008. ,.... PUBLIC HEARINGS A. CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) -A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 modifications of the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center • at 11815 Foothill Boulevard; APN: 0229 p.m.-011-38. Continued from July 9 p.m., August 13, and August 27, 2008. C~O~~v9 B. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT) - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and 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 revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229 p.m.-011-38 Continued from July 9 p.m., August 13, and August 27, 2008 Daniel Correa, Assistant Planner, presented the staff report. He noted that there are exterior speakers located on the patio of the establishment that were not included in the original review or approvals. He noted that staff is recommending future conditions be applied to the existing approvals that include a prohibiting of charging a cover charge and that the business will provide uniformed security. He added that staff recommends the business operation be brought back to the Commission in 90 days for another review. Commissioner Stewart asked how much the current dance floor/entertainment area exceeds the 150 square foot maximum provided for in the conditions of approval. Mr. Correa stated their current area exceeds the maximum. He said it is approximately 165 square feet and meets the spirit of the Code. Commissioner Wimberly asked if they moved the location of the dance/entertainment area. Mr. Correa replied that it has shifted somewhat from the approved floorplan, but that it is close to the specified area and the location is acceptable to staff. Chairman Fletcher commented that the original Conditional Use Permit was for a restaurant. He • asked if staff has visited and inspected the restaurant. He asked if staff believes it is operating as a restaurant. Mr. Correa said he conducted all the inspections and in his opinion, it functions more like a bar and it does not represent a "family" restaurant. Chairman Fletcher opened the public hearing Bruce Evans, from the Law Offices of Solomon, Saltsman & Jamieson, 426 Culver Boulevard, Playa Del Rey, stated he represents the owners, Felipe de la Piedra and Jose Sambolin. He remarked he mostly agrees with the staff report but that there is a fine point of disagreement. He noted that staff's condition prohibits them from checking identification at the door after 9 p.m. and that this is a reckless decision. ~He said that if they are caught three times for violations of their ABC liquor license, they could lose their license. He suggested no minors be admitted after 9 p.m. to limit their liability. He said that the issue of the speakers on the patio was never brought up. He asked for compromise because many other businesses have outside speakers, such as Starbucks. He said they were removed today and that all they want is ambient noise for the people on the patio. He asked if staff could work with his clients and that he did not see a need for a future public hearing. Commissioner Wimberly expressed concern about checking identification in a restaurant and that if it is a restaurant, and they are having dinner, then I.D.'s should not have to be checked unless the patron has asked for alcohol to be served. Mr. Evans noted an exceptional case where parents bring children in after 9 p.m. during the entertainment. He reported that this is why they would prefer that no unaccompanied minors be • Planning Commission Minutes -2- September 10, 2008 ~~p~o allowed after 9 p.m. He said kids produce fake I.D's. He said they should be admitted if they are with their parents or an adult. . • • • Commissioner Howdyshell asked when dinner is served. Mr. Evans said it is served the entire time the business is open. Chairman Fletcher commented that he is not aware of a restaurant that would restrict minors at any hour unless the main purpose of the business is to serve alcohol and run a bar. He said there are other restaurants open after 9 p.m. that do not check identification. Mr. Evans reiterated the liability with the ABC and stated the Yard House checks I.D. and excludes minors on weekends and they do not have entertainment. He said their concern is on the nights with entertainment, kids sneak in, they try to get alcohol and then there are problems. He said they are clearly required to be a restaurant, they cannot sell more alcohol than 50% of their food sales and they can not charge a cover charge and never have. Chairman Fletcher commented that he is not specifically familiar with what the Yard House is doing; the expectation is they are a daytime restaurant but with respect to this business he had not heard anything about a lot of alcohol being served here, that he did not understand the concern of letting minors in there if it was being operated as a family restaurant. Mr. Evans said that with entertainment after 9 p.m. and if the City feels this is important, they will work it out but that he did not support unaccompanied minors as it is a potential fo"r problems and if they are not allowed to card them outside, they will card them inside. Chairman Fletcher commented that he would rather see the identification checked inside the building rather than outside. Mr. Evans said it is far easier to control all those coming into the restaurant as they enter. Chairman Fletcher noted they have a hostess station and that perhaps it could be done there. Felipe de la Piedra reported he has been part of the new corporation (Loco Cantina) for the past year. He stood on his past years of participating with the City and the Chamber of Commerce and said that they serve food during all hours the business is open including lunch, dinner, football specials and Sunday brunch and they are trying to make it a nice establishment. Commissioner Stewart said there is a list of violations starting in May through August. She asked why the violations have taken so long to correct. Mr. de la Piedra said it just took longer than normal and new tables and chairs had to be ordered. Mr. Evans said that if he had something from the City in writing of what they were supposed to do early on then they could have been finished several months ago. He said he has a letter from the City dated August 16 that addressed the entertainment area and uniformed security. He said the letter stated if those two issues were addressed then they would be in compliance. He said new issues came up and they were noticed for the public hearing. He said he noted the issues explained by Mr. Troyer in their meeting in March. He added that his clients would rather work with staff. Chairman Fletcher asked about the ownership of the business. Planning Commission Minutes -3- Cd~~j'li September 10, 2008 Mr. Piedra said that he is part of a corporation headed up by Jose Sambolin. He said he operates the restaurant and he does catering and lunch and dinner from the restaurant. He said Mr. Sambolin is the owner and he (Felipe) is an officer of the corporation. • Commissioner Howdyshell remarked that she was on the Commission when Mr. de la Piedra came before the Commission with a request for entertainment and late hours and that the Commission favored it; that part of their decision was based on his good reputation. She commented that the Commission felt he understood that it is a privilege to have a business in Rancho Cucamonga. She said both application requests were approved in 2007 and all of these events have occurred after that. She said she would like to see the items of concern addressed and resolved. Mr. Evans said they have been addressed. He said staff seems to be satisfied with the corrections made. Chairman Fletcher noted that the Commission advises staff and that if the Commission feels staff is going in the wrong direction the Commission can also correct their decision..' Commissioner Howdyshell asked staff to give examples of other restaurants that are family oriented, that also offer entertainment and also serve alcohol. She remarked that many young people eat out late but are not "carded". Mr. Evans said if it is more important to the Commission to preserve the right for minors to enter they will not preclude that, but if they are not carded at the door then they can be carded inside the building. Jose Sambolin, EI Loco Cantina (owner) said that they added the entertainment for the 20-30's crowd and likened the structure of the operation to that of Wild Wings and TGI Fridays. He said Peppers and the Yard House would check I.D's at night. He said the ABC is most aggressive with • issues involving 17-20 year olds and control at the door is easier but with young servers, there is a potential for problems. Chairman Fletcher asked if it is a potential problem because of operating a restaurant or more from selling alcohol. He asked Mr. Sambolin if he owns other businesses. Mr. Sambolin stated it goes hand in hand. He said he owned Margarita Beach in Rancho Cucamonga and currently owns the one in San Bernardino. He said he is a resident here and he met Felipe who was not as successful as he would like in his business and so they joined forces because he (Jose Sambolin) has experience with a late night business and alcohol. He said they learned much from Margarita Beach in that they got rid of the dancing girls and provocative promotions. He said Mr. Troyer expressed concern that he was operating outside of the character of the business but that the requested corrections were not specifically made concrete, they were told staff would either agendize it or consider a review in a year and the issues were left open and then a few months later he got the notice of the hearing. He said there were overall character issues that they did not necessarily agree with. He said there was confusion regarding the entertainment area and he did not understand the speakers could not be outside of that area. Chairman Fletcher commented that the Conditional Use Permit was for a family restaurant and Mr. Sambolin is describing a bar that serves food. He said he does not want staff to repeatedly have to respond to complaints and that he would be more comfortable if they asked for a CUP to operate a bar. He added that this business is not what Mr. de la Piedra represented and instead they are playing around with staff and the Planning Commission; it is something that is not in the purview of the CUP. • Planning Commission Minutes -4- September 10, 2008 e ~p 7a Mr. Sambolin disagreed. He said he sees the business as a success, that there is a lot of late night activity and that they are pushing food and it is working well. He said at the late hours, alcohol sales • are a great revenue tool. He said in his opinion it is not a bar. Mr. Evans took issue with the comment that they have not been down this road before; it is a different business with different hours and a different CUP. He added that staff did a good job and that they do not intend to be nit-picky. Chairman Fletcher said he believed the entertainment would be karaoke, guitar or mariachis forthe purpose of entertaining diners which was what was presented to us and that the dance floor is hardly large enough for dancing. , Mr. Evans said they are open until 2 a.m. with entertainment and that people do not tend to eat that late. He indicated the character changed with what the Commission approved but knowtheyhave to remain a restaurant. He said there is no legal basis to revoke the permits. He said that other than the two conditions, they are in compliance; they have done everything staff has asked them to do even the specific size and shape of the tables and the removal of the patio speakers (today). Chairman Fletcher said this is relevant when the primary purpose was to have a family restaurant; he said it used to be a great family restaurant and now it is a bar with stand up tables and it was misrepresented to the Commission. He noted that the first thing you see when you walk in is the bar. He said the application should have been for a bar and that the problem is with the way they went about it. He said the approval of the late night hours was to help Felipe compete with the other restaurants in town and that this is not how the business and the use was characterized when the entertainment permit and the extended hours requests were presented to the Commission. Mr. de la Piedra reported there are booths in back of the restaurant as well as the patio in the front • where it is nice for families. He said at Chili's and Applebee's the first thing you see when you go in is a bar. James Troyer, Planning Director commented that he and Mr. Correa met with Mr. de la Piedra and Mr. Sambolin in March. He said they made general statements but that he (Mr. Troyer) was clear about the DJ station and the large JBL speakers and that they were not in compliance with their approvals. He said he asked for the removal of the speakers and lights. He said they do not necessarily that agree that it is operating as a restaurant and they are generally in compliance, but to be a bonfide restaurant is more difficult to prove. He added the kitchen is open with a full menu but upon his inspection, he did not see many diners, but people were at the bar. He said that staff is not saying they are in full compliance with their CUP and Entertainment Permit and they did not prohibit dancing or a DJ but that they need to look at it to see if it is operating as a bonafide restaurant and that is why they want the 90 day review. He said they were clear that the installation of the large speakers and loud music during the day is not conducive to a legitimate dining experience. Chairman Fletcher closed the public hearing. Commissioner Howdyshell observed that the character of the business has changed since the inception of the new partnership. She stated that she supports another review of the business operation in 90 days and to monitor it. She added that the business climate is difficult now and it is harder for small business owners, however, she wants to see the applicant adhere to City policy and be in compliance with their approvals. She said Felipe has a reputation in the community and many people went to his restaurant because of who he is but that it is a privilege to have a business in Rancho. She commented that these problems may likely be due to the new business partnership. • Planning Commission Minutes -5- September 10, 2008 e~ ~ ~3 Commissioner Wimberly concurred and added that the interpretation of the CUP and Entertainment Permit approvals of last July changed when the ownership changed. He noted that complete compliance, even with the time factor, is still an issue and that he still has concerns. Vice Chairman Munoz commented that he agrees with most of what his fellow Commissioners had to say but that he would reiterate that the CUP permitting process is not automatic, it allows local agencies to review the potential negative effects of the business on neighboring land uses. He noted that the business was not brought under review because of furniture not matching but because of the noted police reports in the staff report. He mentioned reports of a stabbing, attempted murder/assault with a deadly weapon, and the arrest of an individual intoxicated in public. He remarked that the business changed since it was Felipe's, it also affects how our community is perceived throughout the Inland Empire and it is their business and their responsibility as owners to manage it. He noted that it seems they have corrected the items noted but that he supports staffs recommendation to see if they are complying with the spirit of the CUP. He supported a 90 day review. He pointed out that the business must adhere to the conditions of approval or risk revocation of the permits (which is part of the Commission's legal purview. Chairman Fletcher reported that he visited the business. He noted that family restaurants do not usually have bouncers. He reported that he observed an expanded dance floor, and even though the condition for the size of the floor was specific he believes this was a deliberate expansion beyond what was approved. He said he personally heard the business referred to as a night club or sports bar which they are not conditioned for at this location. He asked staff if a permit for a bar could be issued for the business in this area. Mr. Troyer replied that they would have to go through the Conditional Use Permit process to change from a restaurant to a bar. Chairman Fletcher reiterated that the original approval said that no changes could be made in the • interior of the restaurant without prior approval. He read from the original CUP that if adverse affects occur from the business operation, the CUP shall be brought before the City Planner for review and possible revocation; nightclub style entertainment is not authorized with this approval. He added that adding entertainment was to give them a little competitive edge and that the Commission even extended the hours from what was initially requested. He commented that the Commission extended their hours to 2 a.m. with the idea of helping out a family style restaurant. He noted that at the time, the Assistant City Attorney, Kevin Ennis, said the business should operate as a restaurant and not a nightclub. He commented that at the time of the earlier approvals, the center prohibited sports bars. He said he noted four television sets and he did not know if that characterized a sports bar or not. He added that when a restaurant operates as a bar it is irritating to go through all this staff and Commission review when it is apparent what the business is. He said staff should look into what problems might be caused if it became a bar. He remarked that the bar tables should be taken out, that it have a "sit down" atmosphere with menus and utensils on the tables and should be a place for families for dinner, and if they want something else they should bring in an application for it. Commissioner Stewart remarked that the issues are clear. She reiterated that staff has asked for the Commission to make a determination. She said she favors a 90 day review and that she wants that to be in concert with a public hearing before the Planning Commission. She said she would like staff to have a discussion with the ABC followed by a staff report about their regulations where minors are or are not allowed in this type of establishment and she asked for clarification of their rules. Motion: Moved by Stewart, seconded by Howdyshell, to accept staffs recommendation fora • 90 day review of the business and to schedule a public hearing before the Commission in 90 days. Motion carried by the following vote: Planning Commission Minutes -6 September 10, 2008 C ~' ~ ~ l • • \J AYES: FLETCHER, HOWDYSHELL, NOES: NONE ABSENT: NONE -carried +rtr ~+ PUBLIC COMMENTS MUNOZ, STEWART, WIMBERLY _ _,r__r -,.-~,....._._ .~+Ed Dietl of the'Historical Preservation Association asked.that the old Ri field gas station on F ill Boulevard (Cucamonga Garage) be considered for historical status; a change from a int of Interest to a historic landmark for the City of Rancho Cucamonga and the State of Califo a and the National Register. He presented materials related to the old station to the Co fission. He commented on its architectural significance, location (Route 66), age, local cult and history. He said the owner of the property (Lamar Advertising) does not object to the des' ation. He asked for the Commission's consideration for designation per the Municipal Code a resented the secretary a form application for historical landmarks. _ Chairman Fletcher commented that the information would be en to the staff members that are working on updating the Historic Preservation ordin a asked staff to clarify the' rules regarding designation requests by non-owners. Mr. Dietl reported that the State does not require t owner to request it and that he need only ask and get permission from the property owner, w ' he did. He said the owner did not object. Chairman Fletcher said staff would come b 'ck with a report. Steven Flower, Assistant City Attorn ,said that the Historic Preservation Ordinance is being reviewed and that this process wo be folded into that update. Commissioner Howdyshell as if it should come to the Historic Preservation Commission. James Troyer, Planning Rector said that it would be brought back to the Historic Preservation Commission at the nexteeting. Luana Hernandez c fnmented that she is part of a group of historical homeowners. She said the group would like„iassist the City with any issues of historic homes and they should help each other. ~~'' Chairman> Fetcher thanked her and noted that the Commission does appreciate the help of the public in tters of historic preservation. ... one _~~~,,,.,~-,=~._.__._ ~_ _. ..... Planning Commission Minutes -7- C~ D n5 September 10, 2008 • RESOLUTION NO. 08-69 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: MODIFYING CONDITIONAL USE PERMIT NO. DRC2007-00283 TO ENSURE LOCO CANTINA & GRILL RESTAURANT OPERATES AS A RESTAURANT WITH ENTERTAINMENT AND THE SALES OF DISTILLED SPIRITS AS AN INCIDENTAL USE TO THE PRIMARY RESTAURANT OPERATION, LOCATED IN THE MASI PLAZA CENTER IN THE INDUSTRIAL PARK, (SUBAREA 7) DISTRICT, AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0229-011-38. A. Recitals. 1. On December 12, 2000 the Planning Commission of the City of Rancho Cucamonga adopted their Planning Commission Resolution 00-31 approving Conditional Use Permit CUP00-44, known as Felipe's Mexican Restaurant. 2. On July 25, 2008 Planning Commission adopted Resolution 07-43 approving extended hours for that same business location (DRC2007-00283). 3. Following complaints regarding the business operation and the filing of police reports, a duly noticed public hearing was held on July 9, 2008, which was continued to August 27, 2008 and • September 10, 2008. 4. Subsequent to the public hearing on September 10, 2008, the Planning Commission determined that another public hearing be scheduled following a 90 day period to re-examine the business operation for compliance with the possibility of modification or revocation of the Conditional Use Permit. 5. On the December 10, 2008 the Planning Commission conducted a duly noticed public hearing for a formal review of business operations at Loco Cantina & Grill. At the hearing Planning Staff testified that Loco Cantina & Grill is now in compliance and is no longer a detriment to the general public health, safety, and welfare. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on December 10, 2008, including written and oral staff reports, together • with public testimony, this Commission hereby specifically finds as follows: a. Conditional Use Permit DRC2007-00283 applies to the business known as Loco Cantina & Grill, located at 11815 Foothill Blvd., Unit E, with street frontage of over a 1,000 feet along C ~- ~ ~ ~F PLANNING COMMISSION RESOLUTION N0.08-69 DRC2007-00283 -CONDITIONAL USE PERMIT -LOCO CANTINA & GRILL December 10, 2008 Page 2 • Foothill Boulevard, and is presently improved with buildings, parking, and landscape; and b. Loco Cantina & Grill consists of a 2,800 square foot leased space that includes restaurant facilities and a bar, and a 150 square foot dance area. Pursuant to Conditional Use Permit No. DRC2008-00283 and the related Entertainment Permit DRC2008-00284, Loco Cantina & Grill 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 upon site visits by Staff, and the review of evidential papers, staff concludes that the nature of the current business now operates as a restaurant use with entertainment as an incidental use to the primary restaurant operation; and d. Planning Commission Resolution No. 07-43 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 3. Based upon the substantial evidence presented to the Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1,2,and 3, the Commission has determined that the prior violations occurred but the business is now in compliance; and 4. Based on the violations identified and in order to ensure future compliance with the conditions of Planning Commission Resolution No. 07-43 the Commission hereby amends the • Resolution to include the following conditions noted in bold type and the attached Standard Conditions incorporated herein by this reference: Planning Department: 1) Approval to amend Conditional Use Permit 00-44 is granted to allow new business hours and entertainment (subject to the approval of a separate Entertainment Permit) for the existing full-service restaurant use at 11815 Foothill Boulevard. All remaining conditions of approval for of the abovementioned Conditional Use Permit for the restaurant shall continue to apply. 2) The new business hours for the existing restaurant use shall be 11:00 a.m. to 2:00 a.m. seven days a week. Further changes to these business hours shall require the review and approval of the Planning Commission. 3) Indoor entertainment may be allowed at the restaurant subject to Planning Commission review and approval of a separate Entertainment Permit. Any entertainment for the restaurant use shall be family oriented and clearly incidental to the primary restaurant use. All entertainment activities shall be conducted entirely within the restaurant building. 4) The restaurant shall continue to offer a full menu of food items cooked • on the premises and served during all hours that alcoholic beverages are made available for purchase and consumption. At no time shall e~-~7~ PLANNING COMMISSION RESOLUTION N0.08-69 DRC2007-00283 -CONDITIONAL USE PERMIT -LOCO CANTINA & GRILL December 10, 2008 Page 3 • alcoholic beverages be served when full menu items are not offered by the restaurant. No physical expansion of the existing restaurant use shall be allowed without prior City review and approval and amendment of this Conditional Use Permit. 5) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 6) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of the use. 7) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit and Entertainment Permit shall require review and approval by the Planning Commission. 8) Any modification or expansion of the floor plan which increases dance floor/entertainment area, "standing" area or expansion of the bar area as shown in Exhibit A (attached) shall be brought back to the • Commission for review and approval. 9) The restaurant shall remain as a bona fide eating place during the life of the restaurant business as defined by Department of Alcoholic Beverage Control. 10) There shall be no cover charge or identification checks of patrons at the entrance or upon entering the establishment. 11) Provide uniformed security during the evening hours of entertainment. All security personnel shall dress in a conspicuous security uniform; displaying at all times badge and shoulder patches and shall be licensed by a private, reputable security company. 12) The business must allow during business hours entry and provide restaurant services to all persons, including persons under the age of 21 years. 13) The business must maintain a suitable kitchen facility, and must be maintained at all times for the purpose of making actual and substantial sales of meals for consumption on the premises. At least 51% (percent) of the business sales must be from food purchases. • 5. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA C~~D-[~ PLANNING COMMISSION RESOLUTION N0.08-69 DRC2007-00283 -CONDITIONAL USE PERMIT -LOCO CANTINA & GRILL December 10, 2008 Page 4 • Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301.(e).(2) because the project is in an area were all public services and facilities are allowed for maximum development which is permissible per the General Plan. In addition, there is no substantial evidence that the project may have a significant effect oh the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, the Planning 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: 7. The Secretary of the Planning Commission ofthe City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: • Richard Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission ofthe City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of December 2008, by the following vote-to-wit: u C ~- ~ ~t 9 Milliken Market - -Convenience: Eleven hotels nearby with 1,232 rooms (989 with kitchen facilities) • Many new apartments in the area • Daytime employment of nearly 51,000 in the census tract • No grocery or drug stores in the area • Only two vendors of distilled spirits within two miles (Costco & Sam's Club) • Closest "like" use is well over two miles away • Location: going to work in the A.M., going home in the I?M. • No schools (1.5 miles away) and no churches (1.0 mile away) in the area ~~~~~®o Small market selling meat, cheese and other perishables, alcoholic beverages, toiletries, dry goods ~J 0 0~ ~ ``Z oc -. ~, ~. ~ ~ ~a ~ ~ 1-- 'i 3, o ~ N a ~• a ~ '~ z ~ ~ ~ ~ N N ~. O ~: Z r • v 0 ^ 0 ~~ f I I Eu-vEnE 1 ~~- r- ~ ~---~ cArrNECIF ~ y - _ - fAMIIE ~~' i ' I - ~~ ~ o` r MI ~~LIjKEN ~ VE. _ ~_-_ ' y _ ONTO AY ~ y ~ ~ / ~~, ~. ] CLEYEIAN^ AVE -- ~ ,c i r' ~ I wMrE ~ t~, i ~ s~ O ~ ~ _ M YI ~ AYE n ~ 4 I' i AVE J u E ~ . ..~ ~ 1~ \ J I _ _ ~ A ~ ~ / ~ 12 g ,~ On x am ~ tV C~ F ~ c g ~° O to a ~ ~ 'v e ~ _ ; ~ ; i 4 ~.~~ s~ r~ _ x m~~, _ ~ m r i z~=s ~` x r~ = RRi GciJR a x rn a ~ ~ , H AYE D ' E y . NO Nw N 2 v ~ I F ° = i C ~ ~ ~ C r ~~+ ~ lUiFALQ ~ Acv L ~~ v, ~ ~ ' ~ 8TN ~ n n ~. ~ I y ROCIIESTEQ . k ~ A .. y o "~ ~ N tt R® ~:~~- ~EIR-N~~ E . ~ ~R £tw Y ~ esoo ESTER ~~ ~~wF +' ~ sr n ~ ~ ~^ . - ; E-_ o a ~ - - .-~-- ~-~ _ cn v i WINEYILLE VE ~ SANTA ANRA VE ~ _ m O C 3~ ~< D n a ~ Oq ~a 1 N i y~ ~ ~\ ' ~ ~ S ~ 5~~ a "' i~$P ~ r_ __ -, 1 ro ~ ' ~~ i ~ ~ ;}~~ 1~ o ...I alp e ~~ ~ ~ ~. ~; s R ~ T - ~ swEfr l 1 raaNwc i r--~ C'T .~ ~~ c~ ~ ~, o c ay ~ -~ ~, ~• '~ ~ cZn a ~ 3 ~ N 1-- O C ~ N a N ~ 1 d Q ~. y, ~D `- O `.. ~ ~ • I; t i ~ W I I 11 11 I n n 1 N 1+ 1 • 114-aRr1 I -J 1~ 1 O I I I I ~ 00 - - -- --~ ' ~4 ~ I Ip~l 1 1 ~---~ •t j vtxTACiE ST c E Z y ~ T' - ~ swm wN 1 I ~ ~~ r--~ nmi ~ to ~ ~ ? Z - _,.~~ I alb ~. r'..~ ~~~ ' a ~ ~ ~ ~~ ~. I ~ RCN1T0 AV - - v -- -- --- y --- - I YywlrE R 4^ ~ € ~~ 1 I ~ I ~ - r VINCENT ~ AVE ~ ti ; ~ ® ~ / 1 O AVE E l ~6! C 1 O z v I ~' m _ I ~ m ~ v ~ r -~ ~ ~ ~ ~ ~ ~ ~ ~ O~"~t ~ >~ , ; i 0 \~/ ~ o r~ ~ ~ ,,~ ~ ~ +, -_, r 2 ~ _ ~ ".. m = o r m i mL ~ ~ ~ ©'rt ~ W ~ E '~IIRGN AVE ~ ~ ?~ Y ~ ~ __'' O v y ~ ~ - ItlC11tlO ~ ND w C ~ ~ ~ C ~~.~ ~ ~ O ~ ~ = NfFAI! EVE ~ ~~ (/1 1 C'7 6Ti1 ~ ~ ~ d ~ O Q _ _ I . N lOCMESTE! . s (/f ~ ~ ~ o ~ SIL T" R;® - .~ - ~ E ~ ~ fRf fWAY . psoo ,~ ~ ~ ESTER ~~' St SSOP ~ DR - - ; f7 V1 R°I U,r~ r y I- -- O b ~Ifl - ~ .- ~ a-~ _ ~ WINENUE ~ SANTA AMRA ~ AYE -- - - O C ~ ~ `, I ~3 ~ ~ ~~ ~ ~q ~ C 1 ; ~ ~` ~ ~~~~ ~~ ~' o r___-~ I I •,. ' r--1~ _ ~ ~ ro `~°~ ~ --'3x: ALCOHOLIC BEVERAGES CONTROL (ABC) CURRENT FIGURES - R-VERSIDE OFFICE RIVERSIDE DISTRICT OFFICE NUMBER OF LICENSES AUTHORIZED BY CENSUS TRACT CENSUS TRACT POPULATION 0020.03 13155 ON•SALE 11 OFF-SALE 8 CRIME REPORTING 0020.04 8772 7 6 - 0020.05 79890 16 14 0020.06 10822 9 8 0020.07 19757 16 14 0020.08 10708 9 8 0020.09 13831 77 10 0021. 123541 19 17 0022.03 4795 4 4 0022.04 5244 5 4 0023.01 7006 6 5 0023.02 8520 7 6 0023.03 12626 10 9 0024.01 7453 6 6 0024.02 ~ 7164 8 5 0025.01 5861 5 4 0025.02 6724 8 5 0026 01 5030 ~ 4 4 0026.02 7409 6 6 0026.03 17898 14 13 0027.01 9397 8 7 0027.02 11154 8 6 0028. 73604 11 10 0029.01 4102 4 3 , 0029.02 5911 5 5 0030, 2792 2 2 0031 8503 8 7 0032. 7254 6 5 0033...:...,.,....9943 ro.:: ., .:.:. ;8 :,." ~ :.. ..7 , %.°c4',.-0034:01' '~ '="''~ 8451 - ~ 5 5 0034.02 8543 7 6 0034.03 3656 3 3 0035.01 13589 11 10 0035.02 15355 12 11 0036.01 77548 t4 12 0036.02 12652 10 9 0037. 3382 ~ 3 3 0036. 13498 11 10 0039. .4660 4 ~ 4 0040. 12780 10 9 0041. 14130 11 10 0042.07 5999 5 ~ 5 0042.02 4645 4 4 ~ 0043. 0313 7 6 , 0044.01 3700 3 3 0044.02 9604 8 7 , 0045 02 17848 14 73 0045.03 2174 2 2 POPULATION AS OF 1-1-07 ,BASED ON YEAR 2000 POPULATION: - 17 licenses allowed - 36 licenses approved - 33 licenses in use (excluding Fresh & Easy, Mobil, Stadium Liquor) PAGE 9 Demographic Report CBRE CB RICHARD ELLIS San Bernardino San Bernardino County, CA Tract County, CA Tract 0021.00 0021.00 2013 Projected Population 43,759 • 2000 Census Population 23,541 Executive dk Professional 17,073 (33.59Qp) 1990 Census Population 19,197 -Management 4,626 (9.1°10) - Sales & Marketing 7,625 (15.0%) ~ Growth 2000-2008 53.13°/0 -Health, Legal & Social 1,335 (2.6%) ~ Growth 2008-2013 21.39°h -Engineers, Scientists & Computer 1,537 (3.0%) • Professionals ' 2008 Estimated Median Age 30.58 -Educators 1,004 (2.0%) 2008 Estimated Average Age 31.70 - ]oumalists & Creative Professionals 947 (1.9%) 2008 Estimated Households 12,548 Administration & Support 15,721 (30.9%) ^ 2013 Projected Householtls 14,873 -Management Support 2,509 (4.9%) • 2000 Census Households 8,528 -Administrative & Clerical Support 11,618 (22.8%) ~ 1990 Census Households 7,251 -Technical Support 1,594 (3.1%) Growth 2000-2008 47.14% Service personnel 6,365 (12.596) ^ Growth 2008-2013 18.53°/p -Health Care 331 (.6°~,) ^ ' -Food & Beverage x,155 (8.251,) 2008 Est. Average Household Size 2,87 - Personal Services 1,135 (2.256) m 2008 E M H h ld In di 547 722 -Protective Services 744 (1.5%) st. an co e e ouse o , 2013 Prj. Median Household Income 552,920 Trade & Labor ° 14,465 (28.4 /o) 2000 Cen. Median Household Income 540,877 -Construction 2.071 (4.1Mu) • 1990 Cen. Median Household income 534,541 - Installation & Repair 3,384 (6.6°/n) 2008 Est. Average Household Income 556,495 -Crag Production 1,225 (2.4°1°) 2006 Estimated Per Capita income 519,731 -Machine Operators 1,990 (3.9%) - Assemblers 1,108 (2.2%) 2008 Estimated Housing Units 13,035 -Transportation 2,185 (4.3°/0) 2008 Estimated Occupied Units 12,548 (96.3%) -Agriculture 461 (.9%) 2008 Estimated Vacant Units 487 (3.7°~) -Laborers 2,040 (4.D%) 2008 Est. Owner Occupied Units 5,058 (38.8%) • 2008 Est. Renter Occupied Units 7,490 (57.5%) ^ 2008 Est. Median Housing Value $323,x68 2008 Est. Average Housing Value $314,690 Prepared On: 12/2/2008 4:02:56 PM 2°pF ~° Rena.e [ w. All nghts mserved rm, .epo-c cola M ~„ro~maco„ e,om ,a,,,c.. we Ix.LCOe m ne ,exeda we »e racy ~o .~m~seMehe~, wer.ann o, y„a.e.rlr -' ors ~c~~.a_v MAPPING CENTER ppinpni, a56umpbon5 and Kbrtu[es constitub CBRE'S luCymer: as of IlR pate Nis ,lD0~1 4 LrSt releaseE a~tl are su CJec[ to c~anye wM1h°ut whce. CBRE Ilo~°s all nghl, 4pe an° ntere5[ in h h ' c„~rF ~ 1OC~R ' l~rs report an° [he pr°o~let°ry mlormation t°rrturne° Ilelem. TNS report '.5 pudi9fte° for the LLse of CBRE anC i NU potty w~l b [Gents only. ReCiririo~l•m in nhde ar port to aM I ou[ :MC Dno fOt.t VRM1Ien tAnslK~l of CBRE n sUictlY p,Rhibted. Swnces: Clsntas. BASED ON YEAR 2008 POPULATION: - 28 licenses allowed - 36 licenses approved and 33 in use BASED ON YEAR 2008 POPULATION AND EMPLOYEES: - 69 licenses allowed - 36 licenses approved and 33 in use STATE OF CALIFORNIA PUBLIC CONVENIENCE OR NECESSITY DETERMINATION The City may allow an alcoholic beverage establishment in an area of "overconcentration" if the City determines that the "public convenience or necessity" would be served by the issuance. (Business & Professions Code section 23958.4.) There is no further definition of this phrase, so the rules of statutory construction require that the "plain meaning" be applied to these terms. This means that words are to be given their ordinary meaning. Piscioneri v. City of Ontario (95 Cal.App.4th 1037; 116 Cal.Rptr.2d 38 (2002). To ascertain the common meaning of a word in a statute, a court typically looks to dictionaries. In re Marriage of Bonds 24 Cal.4th 1, 99 Cal.Rptr.2d 252 (2000). Since the disjunctive "or" is used in the statute, it is not necessary to prove "necessity" and convenience alone will justify a finding. Webster defines "convenience" as something that provides ease or comfort, that which is "handy," that which is suitable for performing a function or fulfilling a requirement. Milliken Market - -Convenience: • Eleven hotels nearby with 1,232 rooms (989 with kitchen facilities) • Many new apartments in the area • Daytime employment of nearly 51,000 in the census tract • No grocery or drug stores in the area • Only two vendors of distilled spirits within two miles (Costco & Sam's Club) • Closest "like" use is well over two miles away • Location: going to work in the A.M., going home in the I?M. • No schools (1.5 miles away) and no churches (1.0 mile away) in the area ~~~®~®e Small market selling meat, cheese and other perishables, alcoholic beverages, toiletries, dry goods