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Home My WebLink About2009/12/09 - Agenda Packet - Planning Commission J THE CITY OF RANCHO CUCAMONGA h ma PLANNING COMMISSION Li� j AGENDA RANG HO CUCAMONGA DECEMBER 9, 2009 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL To ORDER I Roll Call Chairman Fletcher Vice Chairman Munoz Stewart_ Howdyshell _ Wimberly_ • I II. ANNOUNCEMENTS IIII. APPROVAL OF MINUTES Special Joint Meeting Minutes of the City Council and Planning Commission of October 28, 2009 Regular Meeting Minutes of October 28, 2009 Workshop Minutes of October 28, 2009 IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. A. VACATION OF A PORTION OF CHURCH STREET, LOCATED EAST OF MILLIKEN AVENUE (V-216) - LEWIS OPERATING CORPORATION -A request to vacate a portion of Church Street, located east of Milliken Avenue: APN: 227-532-13. Related file: Tract Map 18710. • 1 of 5 PLANNING COMMISSION AGENDA • DECEMBER 9, 2009 RANCHO CUCAMONGA V. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. B. AMENDMENT TO THE VICTORIA COMMUNITY PLAN -DRC2009-00432 - RME CLINICS, INC. - GARY REA - A request to amend the Victoria Community Plan to allow massage establishments as a conditionally permitted use within the Village Commercial District of the Victoria Arbors Master Plan. Related files: Arbors Master Plan Amendment DRC2009- 00739 and Conditional Use Permit DRC2009-00433. This action is exempt from environmental review pursuant to Section 15061(b) (3)of the State CEQA Guidelines. This item will be forwarded to City Council for final action. C. AMENDMENT TO THE VICTORIA ARBORS MASTER PLAN-DRC2009- • 00739 - RME CLINICS, INC. - GARY REA - A request to amend the Victoria Arbors Master Plan to allow massage establishments as a conditionally permitted use within the Village Commercial District. Related files: Victoria Community Plan Amendment DRC2009-00432 and Conditional Use Permit DRC2009-00433. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This item will be forwarded to City Council for final action. D. CONDITIONAL USE PERMIT DRC2009-00433 - RME CLINICS, INC. (MASSAGE ENVY) — GARY REA - A request to operate a massage establishment at the Winery Estate Marketplace within the Village Commercial District of the Victoria Arbors Master Plan, located at 7305 Day Creek Boulevard: APN:227-161-67. Related files: Victoria Community Plan Amendment DRC2009-00432 and Arbors Master Plan Amendment DRC2009-00739. This project is categorically exempt from the requirement of the California Environment Quality Act (CEQA) pursuant to Section 15301 (Class 1 exemption—Existing Facilities). This item will be forwarded to City Council for final action. E. TENTATIVE PARCEL MAP SUBTPM19043 - HUGO LEPE -A request to subdivide a property of 2.43- acres into two (2) parcels in the Estates Residential District, within the Etiwanda Specific Plan, located on the north side of Amber Lane approximately 370-feet west from the centerline of Etiwanda Avenue: APN: 225-111-37. This action is categorically exempt • 2 of 5 PLANNING COMMISSION AGENDA L� DECEMBER 9, 2009 RANCHO CUCAMONGA per the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315, minor land divisions. VI. DIRECTOR'S REPORTS F. ORAL PRESENTATION ON THE COMMUNITY TELEPHONE SURVEY G. REQUEST TO INITIATE A REVIEW OF THE CONDITIONAL USE PERMIT FOR THE BUSINESS LOCATED AT 11815 FOOTHILL BOULEVARD, UNIT E • H. REQUEST TO INITIATE A REVIEW OF THE CONDITIONAL USE PERMIT FOR THE BUSINESS LOCATED AT 11837 FOOTHILL BOULEVARD,UNIT A VII. PUBLIC COMMENTS • 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. VIII. COMMISSION BUSINESS/COMMENTS IX. 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. I, 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 3, 2009, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. • 3 of 5 kv a PLANNING COMMISSION AGENDA 0 S DECEMBER 91 2009 RANCHO CUCAMONGA EllIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing 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 not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. 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. • 4 of 5 PLANNING COMMISSION AGENDA s DECEMBER 9, 2009 RANCHO CUCAMONGA 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$2,124 for maps and $2,231 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-cucamonga.ca.us • • • • • • 5 of 5 ,. Vicinity Map • Planning Commission December 9 , 2009 .. ...... .. . . . . . . : ..:..:.:::.. .: : :.: :::::....::..:. :: ::: .:: :.. . . . ... .. . . .: ........:.... . . .:.:....,.......... . .. _I I SPHERE flF I NFLUENCE '. E Y • I W Q J [1.1. I i "' m HILL,IDE Z y • W •a WIL`•N t i Q Q V > • 210' ' o • 11 ft pr 1: 11Pr 19TH ' ,� i ��. B,C,D r a arASE LINE a' O CHURCH (eI IIA FOOTHILL IN 2 Q■ . ..... A ARROW lag lit WA Pill I 8TH , ♦2�„_ .wArt� p 2 I Q II W, 4TH A G,H Q N * Meeting Location: City Hall 10500 Civic Center Drive • Item F is a City-wide issue. +yg .!a '4'. u• T H E C 1 '1' Y 0 F MRANCHO CUCAMONCA Staff Report DATE December 9, 2009 TO: Chairman and Members of the Planning Commission FROM: Dan James, Senior Civil Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: VACATION OF A PORTION OF CHURCH STREET, LOCATED EAST OF MILLIKEN AVENUE (V-216) — LEWIS OPERATING CORPORATION — A request to vacate a portion of Church Street, located east of Milliken Avenue - APN 227-532-13 Related File: Tract Map 18710 BACKGROUND: In conjunction with the final review of the revisions of the street improvement plans per • Tract 18710,.it was determined that there is an excess right-of-way for the location of the main driveway entrance, located on the north side of Church Street, east of Milliken Avenue. Said excess right-of-way was previously dedicated under Tract 16157. Once vacated, said excess right-of-way will be part of Lot 1 of Tract Map 18710. Utility companies, other agencies and various City divisions have been notified of the proposed vacation and were asked for comments. There were no objections to the vacation from any of the groups notified. The vacation is consistent with the General Plan and the Development Code because said excess right-of-way is not required for street, highways and related purposes anymore and therefore will be part of Lot 1 of Tract Map 18710. RECOMMENDATION: Staff recommends that the Planning Commission make the finding through minute action that the proposed vacation is in conformance with the General Plan. Respectfully submitted, Dan James Senior Civil Engineer DJ:WV/akt • Attachments: Vicinity Map Exhibit A - Legal Description Exhibit B - Plat Item A .., 0 City of Rancho Cucamonga Engineering Division Vicinity Map BASELINE A _LU.. Lig A i SITE i 4 ,, ' i,, , ..: PRASE I Pr�lSr pU liiiPPLIASE' i -----------\\4 cs uRcN POLY\Skis ., l F FOOTHILL BOULEVARD r,. N W - S - E r S • Item: V- 2/6 Title: VAC/N/rr MAP A-2 EXHIBIT "A" BEING A PORTION OF LOT 10 OF TRACT MAP NO. 16157, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP THEREOF FILED IN BOOK 296 PAGES 3 THROUGH 6, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CHURCH STREET AND MAYI'EN AVENUE, AS SHOWN ON SAID TRACT MAP NO. 16157, THENCE ALONG SAID CENTERLINE OF CHURCH STREET, NORTH 78°03'21" EAST 115.00 FEET; THENCE LEAVING SAID CENTERLINE OF CHURCH STREET, NORTH 11°56'39" WEST 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID CHURCH STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 78°03'21" WEST 77.85 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 78°03'21" WEST 82.45 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF- WAY, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 53°21'14 EAST; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY, NOTHERLY ALONG SAID CURVE TI-(ROUGH A CENTRAL ANGLE OF 52°01'33", AN ARC LENGTH OF 21.79 FEET; THENCE NORTH 74°37'13" EAST 66.00 FEET; THENCE SOUTH 15°22'47" EAST 6.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 24.00 FEET; THENCE. SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 45°09'17", AN ARC LENGTH OF 18.91 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,508 SQUARE FEET/0.035.ACRES, MORE OR LESS. THE ABOVE DESCRIBED AREA IS SHOWN ON THE MAP ATTACHED HEREWITH AND MADE A PART • HEREOF, ENTITLED EXHIBIT"B". TI-IEABOVE DESCRIPTION WAS PREPARED UNDER MY DIRECTION. /0/09 Anthony H o Date p LAND S'` P.L.S.No. 7635 � t<, Expiration Date: 12/31/2010 ANiHON_Y HALO o Exp.W7j �,q\ No.7635 \ FOFCAIIFO� • A-3 1 . • • EXHIBIT B II CURVE TABLE L U CURVE DELTA RADIUS LENGTH TANGENT v) Cl 5701'33" 24.00 21.79 11.71 . \\ C2 45'09'17" 24.00 18.91 9.98 die t LOT 70 TRACT NO. 16157 N 15 6 g4? W in E �—- M.B. 296/3-6 N 7 A.3711-,0 ' N 29'27 56- �— C1 ' / 777851 o11rn N 3.?" -4:: W _ � 07804'51" E 1 o% 82• _ STREET EXIST. N ty R/W CHURCH . ° N 78.03'21:___ 5.00, 31g4 i t\ - c� _ i a. m\ 777 PARCEL 72 EXIST. SLY RIN . -'�_ -- c. x Z / P.M. 14022 \ \ `\ P.M.B. 180/19-22 PARCEL 7 1 \ P.M. 15923 \ P.M.B. 200/15-16 1 c p NY 6, . 7635 0 12-31-2010 * ,/f--7ze :::'� . 7635 gUMADOLE 9302 pR7SBURON AVE,SURE 230 EXP. 12/31/2010. -''+" RAncnO cucAMONGA ca sn3o OF�,y1F 8C'(FSSOCl/iTES, ING �aE: we,ae1s322 JN.• 126-2375 Engineering Communities for Life - FAX 909.4816320 A-4 . STAFF REPORT _ • L .4 PLANNING DEPARTMENT -� DATE: December 9, 2009 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: AMENDMENT TO THE VICTORIA COMMUNITY PLAN DRC2009-00432 - RME CLINICS, INC. - GARY REA - A request to amend the Victoria Community Plan to allow massage establishments as a conditionally permitted use within the Village Commercial District of the Victoria Arbors Master Plan. Related files: Arbors Master Plan Amendment DRC2009-00739 and Conditional Use Permit DRC2009-00433. This action is exempt from environmental review pursuant to Section 15061(b) (3) of the State CEQA Guidelines. This item will be forwarded to City Council for final action. AMENDMENT TO THE VICTORIA ARBORS MASTER PLAN DRC2009-00739 - RME CLINICS, INC. - GARY REA - A request to amend the Victoria Arbors Master Plan to allow massage establishments as a conditionally permitted use within the Village Commercial District. Related files: ' Victoria Community Plan Amendment DRC2009-00432 and Conditional Use Permit DRC2009-00433. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This item will be forwarded to City Council for final action. CONDITIONAL USE PERMIT DRC2009-00433 - RME CLINICS, INC. (MASSAGE • ENVY) - GARY REA - A request to operate a massage establishment at the Winery Estate Marketplace within the Village Commercial District of the Victoria Arbors Master Plan, located at 7305 Day Creek Boulevard - APN: 0227-161-67. Related files: Victoria Community Plan Amendment DRC2009-00432 and Arbors Master Plan Amendment DRC2009-00739. This project is categorically exempt from the requirement of the California Environment Quality Act (CEQA) pursuant to Section 15301 (Class 1 exemption - Existing Facilities). This item will be forwarded to City Council for final action. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: . North - Single-Family Residences — Low-Medium Residential, Victoria Community Plan (4-8 dwelling units per acre) South - ' Single-Family Residences — Low-Medium Residential, Victoria Arbors Master Plan, (4-8 dwelling units per acre) East - Vineyard and Joseph Filippi Winery — High Residential, Victoria Arbors Master Plan, (24-30 dwelling units per acre) West - Vacant parcel — Regionally Related Office Commercial, Victoria Community Plan B. General Plan Designations: Project Site - Winery Estate Marketplace — Mixed-Use North - Low-Medium Residential South - Mixed-Use • East - Mixed-Use West - Mixed-Use Items B, C, & D • PLANNING COMMISSION STAFF REPORT DRC2009-00432 — RME CLINICS, INCORPORATED December 9, 2009 Page 2 • C. Site Characteristics: The project site is located at the southeast corner of Base Line Road and Day Creek Boulevard. The site is rectangular in shape and contains the•Winery Estate Marketplace, also known as the Henry's Center. The site falls within the Victoria Community Specific Plan and the Victoria Arbors Master Plan. The Victoria Arbors Master Plan generally governs properties bounded by Base Line Road to the north, Etiwanda Avenue to the east, Foothill Boulevard to the south, and Day Creek Channel to the west. On July 14, 2004, the Planning Commission approved Conditional Use Permit DRC2003-00504 by Resolution No. 04-86 allowing the construction of the Winery Estate Marketplace as a multi-tenant commercial shopping center. The Winery Estate Marketplace is the only center currently zoned Village Commercial within the Victoria Arbors Master Plan. All other Village Commercial Districts within the Victoria Community Plan are outside of the Arbors Plan. • ANALYSIS: • General: The City Planning Department received applications from RME Clinics, Incorporated (dba Massage Envy) requesting to amend the Victoria Community Specific Plan to allow for an exception to Part 3, Section K, Paragraph 1b to conditionally allow massage establishments in the Victoria Arbors Master Plan. The applicant also seeks to amend the underlying Victoria Arbors Master Plan to allow massage establishments to operate within the Village Commercial District of said master plan by adding massage establishments to Chapter 3, Section C, Paragraph 2b, the list of conditionally permitted uses in the Village Commercial District. Currently, the only parcels zoned Village Commercial within the Victoria Arbors Master Plan is the Winery Estate Marketplace. Massage Envy is a nationally recognized company that has over 500 locations nationwide. They . are a chain of professional therapeutic massage clinics with nearby clinics in Upland, La Verne, Chino, and North Fontana. Staff visited the Upland clinic located within the Colonies Shopping Center at 1900 North Campus Avenue, Suite C. Based on staff's visit, the establishment appears to operate as a well run professional business and an asset to the center by attracting more customers and providing a service that is in demand by residents within the vicinity. The owner of the Upland location is the applicant for this request and is proposing to locate in the Winery Estate Marketplace at 7305 Day Creek Boulevard, Unit 101, on the: southeast corner of Day Creek and Baseline. Several adjacent cities that had Massage Envy establishments within their jurisdictions were contacted. The cities of Chino, Upland, and Fontana all have Massage Envy establishments and had no recorded complaints or violations. The adherence to applicable State, County and local laws . • that,.these establishments must abide by have given them a reputation as being a reputable business. Conditions have been written by obtaining input from several different departments to ensure this site will remain a quality center and will not impact surrounding land uses. One of the conditions included in this proposal is the requirement that the store front windows remain clear and non-view obscuring, providing adequate public visibility for customers and enforcement. Massage establishments are not a permitted or conditionally permitted use within any zoning district in the Victoria Community Planned area. The City's Development Code allows this type of use only within the General Commercial District of Commercial Section 17.10.030 B 43 and not in the Office Park or Neighborhood Commercial Districts. The amendment would allow for massage • establishments to be conditionally permitted only in the Village Commercial District of the 2 • • • PLANNING COMMISSION STAFF REPORT DRC2009-00432 — RME CLINICS, INCORPORATED • December 9, 2009 Page 3 Victoria Arbors Master Plan. The changes to the Specific plan and the Master Plan are consistent with the General Plan designation of Mixed-Use in this area. A. Environmental Assessment: The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061(b)(3) of the State CEQA Guidelines exemption for projects that have no potential for causing a significant effect on the environment because this applications is only for a text amendment to allow a use that is allowed in this type of land use district and will be conducted entirely indoors. 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 the Planning Commission approve the attached resolutions recommending that the City Council approve Victoria Community Plan Amendment DRC2009-00432, Victoria Arbors Master Plan Permitted Use Amendment DRC2009-00739, and • Conditional Use Permit DRC2009-00433 through the adoption of the attached Resolutions of Approval. Respectfully submitted, diveri Ja s R. Troyer, AICP Planning Director JRT:SF/ge • Attachments: Exhibit A - Victoria Community Plan text amendment Exhibit B - Victoria Arbors Master Plan text amendment Exhibit C - Site Plan Exhibit D - Site Utilization Map Exhibit E - Aerial Photo Exhibit F - Floor Plan Draft Resolution Recommending approval of Victoria Community Plan Amendment DRC2009-00432 Draft Resolution Recommending approval of Victoria Arbors Master Plan Amendment DRC2009-00739 . Draft Resolution Recommending approval of Conditional Use Permit • DRC2009-00433 3 • • • COMMERCIAL STANDARDS General provisions for land uses designated as Regional Center, Regional-related Commercial and Village Commercial. Site Development Standards: (1) Building site coverage: No maximum subject to Development Approval Process (2) Building site width: 150-foot minimum (3) Building height: 65 feet typical maximum; buildings over 65 feet subject to a Conditional Use Permit Uses not permitted within the Planned Community: /( D D • • Massage Parlors, except as conditionally permitted within the Victoria Arbors Master Plan. • • •• ' Entertainment Es a•lishments Shopping Centers. To ensure that the goals and policies of the General Plan and Community Plan are implemented, a Conditional Use Permit shall be required for shopping centers. In such a review, the following criteria shall be considered: (1) The transition from more sensitive land uses and buffering methods to mitigate • commercial activities such as loading, lighting, and trash collection; (2) The Center has been planned as a group of organized uses and structures; (3) The Center is designed with one theme, with buildings and landscaping consistent in design (similar architectural style, similar exterior building materials, and a coordinated landscaping theme); • (4) The Center makes provisions for consistent maintenance, reciprocal access, and reciprocal parking: (5) Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system; and (6) The development or approval of any portion of a center shall require the development of a conceptual development plan, which shall consider such things as, but not limited to, circulation, uniform architectural design, drainage/grading, buffers, phased'improvements, and landscaping. Regional Center a. The following general categories of uses shall be permitted: (1) Retail businesses, including, but not limited to: • Discount stores • • • Department stores • Drug stores EXHIBIT A • 4 • Abp • (7) Massage establishments C opping centers subject to provision and approval of a master plan/conceptual development plan. • (9) Conditionally permitted Community Facilities listed below. (10) •Conditional permitted uses listed under • Neighborhood Commercial in the • Development Code. c. Site Development Standards — Per Development Code. • D. MIXED USE COMMUNITY FACILITIES The Community Facilities section of the Victoria Arbors Master Plan is established to provide for community support uses and those additional uses which are found to • be compatible with the basic permitted uses by the Site Plan Review Process procedure. a. Uses Permitted (1) The following uses shall be permitted within Residential and Commercial Land Use areas in Victoria Arbors: • Small family Day Care in the home, providing care for six (6) or less persons • Public Park and Playground • General Open Space uses •. , Accessory structures and uses• necessary or customarily incidental to the above as provided for in the Rancho Cucamonga Development Code: • `, B • LAND USE• CHAPTER 3 11 E g S`II I B IT VVV K VICTORIA ARBORS MASTER PLAN 5 `T. J y \ HI H I I f I TI L. ' "IIJ t,_ 1- CO) 1 1 o i 'L_ Minaninigatte 1S ��_1 1 1 1 ° =1 � I' I ' I l C -- IF1 — cr. , me //p � � �� ~r.• -( IN • 3~ El °' • £H+H }N +iLT• I I d ��I II = I. ke I I ILL' e I r I 4i ii li 9 .,• >•+ I -N- �: III .:i.,..I I `( I I I I I=l �' %l �, 011. = � c . -fir 4 _ ^ _ .� 0 �I J_ �I JI I _ Iw 4 0 e/>,,/ /_ Y � ° y J kiJ e «° I H _ ,' I I H l I_ �I1 _ - M t w 4( N N. .tt 1Pt , l iP ffif fK.�\ . r. gal C:1 • . 1111• T e I I. .I r� `O o Ty�S—�'- q c 1 � �1 1 �C�-' ^a 1 -F v. .Q / Milli a Ea 1 LI 1�±/�! t m t/1 EXHIBIT C 6 - • Yinn, OW/3Yp6>33u°AVO ONV OVOM�Yp6V6'338 — - NVrGI iYzr1N]YS '3m SlmMpN3 SrLrwv i 1Q1^•• a IRC4'tRL JtlOVtti6v'ONs l3]tlVd 3NLY1lii ..m.... .nv ar..... 3011.313 BYW AMC AVO vw.w v..no r • n [ ;a es�= gni A alm ,: a1i 1X211 . ?w.3 SGl : i i 8 lig 2 la W fF Yy II c!I �' ' .e 11%I'Y— i•- w .W 1= 6” r 1 ' a - I 1, t ') g� u .EBE ? A it_ (Il �'I III ' _ z .. .,c ,, i . i'• !.. c'n .. li , tit _ d E o ) a 4 4_I, '! q� III J — am � i ; N - II a -1� � •- - , , Ma _ '" - fi L—I 1 1 . EXHIBIT D 7 . . . . . - C I —P I , J 0 1-- --------------------- - 111 _ 1.V7 •.LET - n .---- --„, Li-- i Poen \ MN Lt / bar. ■ UERAPY , Ns r I .. 1 ,)— ROCI4 6 t Cht / AtiA \ -1 j L .------,, _ I SFICRO6E , • . ao• [ ' "----7 : T MOW( 1 JWIJr; . / - \ ROOM 11•2 , ROOM 4 TIERAPf I LOME ,-------1 1 ! NI 4.1 ( I, bfl , 1 .[,, THERAPY ROOM 81 . ____ TY 6' e Dv \ 4, ri -_,_, TERMY MAW ROCS ROmq ROOM IR. • t GUET ROOM t 4/ - :>/< • •',1:::.1 \--- \ / k notion ROCM 64 OFFICE \ •• • \ \ / ow •0 , MASSAGE ENVY (RANCHO CUCAMANGA) STE G101 PLAN A 5-5-09 EXHIBIT . F ez.--)..._s+c-,,c_i- ...) ,:.... <3 , Li ---1 9 C Q-c---k Th..., L-- 3 , J. 1-,e-vi.— C., • RESOLUTION NO. 09-44 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2009-00432, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-161-67. A. Recitals. 1. Gary Rea of RME Clinics Incorporated, dba Massage Envy, filed an application for Victoria Community Plan Amendment DRC2009-00432, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Community Plan Amendment is referred to as "the application." 2. On the 9th day of December 2009, 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 9, 2009, including written and oral staff reports, together with public testimony,. - this Commission hereby specifically finds as follows: a. The application applies to the property located within the City; and b. The proposed Victoria Community Plan amendment will not have a significant impact on the environment. c. The proposed change in the Victoria Community Plan to conditionally allow massage establishments only in the Village Commercial District of the Victoria Arbors Master Plan will be consistent with the land use concept of the Rancho Cucamonga General Plan. The land use designation in the General . •- Plan is Mixed Use and,allows for this type.of use to be conducted within this area. The goals and objectives of the Victoria Community Plan will not be changed as this only affects one zoning district within one of the planned communities. The change will allow for a new service to be provided to the residents within this area. 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. This amendment does not conflict with the Land Use Policies of the General Plan and will • provide for development within the district in a manner consistent with the General Plan and with related development; and 10 • • • • PLANNING COMMISSION RESOLUTION NO. 09-44 DRC2009-00432 - CITY OF RANCHO CUCAMONGA • December 9, 2009 Page 2 b. This amendment does promote the goals and objectives of the Development Code which • allows selected uses subject to the granting of a Conditional Use Permit because of their unique operating characteristics, which require special consideration in order to operate in a manner compatible with the surrounding uses; and • • c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as the use will only be allowed with approval of a Conditional Use Permit. The Conditional Use Permit process will allow for the public review and evaluation of the requirement and characteristics of the use to provide adequate mitigation of any potentially adverse impacts. It will also ensure all regulations and performance standards associated to this project to be in accordance with the Development Code and any other documents governing this project; and d. The subject application is consistent with the objectives the Development Code as the use is allowed in similar districts within the City; and e. The proposed amendment is in conformance with the General Plan as the Mixed Use designation allows for a variety of uses within this land use plan. 4. The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061(b) (3)of the State CEQA Guidelines because a text amendment will not have any significant impact 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 staff's • determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Victoria Community Plan Amendment No. DRC2009-00432 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: Richard B. Fletcher, Chairman ATTEST: 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 9th day of December 2009, by the following vote-to-wit: 11 • PLANNING COMMISSION RESOLUTION NO. 09-44 DRC2009-00432 - CITY OF RANCHO CUCAMONGA December 9, 2009 • Page 3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • • 12 • • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2009-00432, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-161-67. A. Recitals. 1. On December 9, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Victoria Community Plan Amendment DRC2009-00432 and, following the conclusion thereof, adopted its Resolution No. 09-44, recommending that the City Council of the City of Rancho Cucamonga adopt said Victoria Community Plan Amendment. 2. On , 2009, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Victoria Community Plan Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. • B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on , 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the Victoria Community Plan; and b. The proposed Victoria Community Plan Amendment would only affect the property located at the southeast corner of Base Line Road and Day Creek Boulevard within the • Village Commercial —District of the Victoria Arbors Master Plan within the City of- Rancho Cucamonga;:and • c. The application would allow massage establishments within the Village Commercial District of the Victoria Arbors Master Plan. Concurrently the Victoria Arbors Master Plan is being amended to conditionally allow massage establishments within the Village Commercial District; and d. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for a service within the district in a manner consistent with the General Plan and with related development; and 13 CITY COUNCIL ORDINANCE NO. DRC2009-00432— RME CLINICS, INCORPORATED , Page 2 • e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties; and f. That the proposed amendment is in conformance with the General Plan SECTION 3: Based upon the substantial evidence presented to this Council during the above referenced public hearing and upon the specific findings of facts set forth in Section 2 above, the Victoria Community Plan Amendment is hereby amended to change the Commercial Standards section of said Victoria Community Plan, in words and figures, as shown in the attached Exhibit A. SECTION 4: The subject amendment identified in this ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under, pursuant to Section 15061(b)(3). In this case, the ordinance constitutes a text amendment and will not have a significant impact on the environment. The City Council has reviewed staff's determination of exemption, the Planning Commission's adoption of that exemption, and further concurs with the determination of exemption. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or • legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 14 • • • COMMERCIAL STANDARDS General provisions for land uses designated as Regional Center, Regional-related Commercial and Village Commercial. • Site Development Standards: (1) Building site coverage: No maximum subject to Development Approval Process (2) Building site width: 150-foot minimum • (3) Building height: 65 feet typical maximum; buildings over 65 feet subject to a Conditional Use Permit Uses not permitted within the Planned Community: • Massage Parlors, except as conditionally permitted within the Victoria Arbors Master Plan. • "Adult" Entertainment Establishments Shopping Centers. To ensure that the goals and policies of the General Plan and Community Plan are implemented, a Conditional Use Permit shall be required for shopping centers. In such a review, the following criteria shall be considered: (1) The transition from more sensitive land uses and buffering methods to mitigate • commercial activities such as loading, lighting, and trash collection; (2) The Center has been planned as a group of organized uses and structures; (3) The Center is designed with one theme, with buildings and landscaping consistent in design (similar architectural style, similar exterior building materials, and a coordinated landscaping theme); (4). The Center makes provisions for consistent maintenance, reciprocal access, and reciprocal parking: (5) Vehicle and pedestrian access is coordinated and logically linked to provide a • comprehensive circulation system; and (6) The development or approval of any portion of a center shall require the development of a conceptual development.plan, which shall consider such things . as, but not limited to, circulation, uniform architectural design, drainage/ grading, buffers, phased improvements, and landscaping. Regional Center a. The following general categories of uses shall be permitted: (1) Retail businesses, including, but not limited to: • Discount stores • • Department stores • Drug stores • • . EXHIBIT A 15 RESOLUTION NO. 09-45 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00739, A REQUEST TO AMEND THE VICTORIA ARBORS MASTER PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-161-67. A. Recitals. 1. Gary Rea of RME Clinics Incorporated, dba Massage Envy, filed an application for Victoria Arbors Master Plan Amendment DRC2009-00739, as described in the title of this • Resolution. Hereinafter in this Resolution,the.subject Community Plan Amendment is referred to as "the application." 2. On the 9th day of December 2009, 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 9, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located within the City; and b. The proposed Victoria Arbors Master Plan amendment will not have a significant impact on the environment. • c. The proposed change to the Victoria Arbors Master Plan to conditionally allow massage establishments only in the Village Commercial District will be consistent with the land use concept of the Rancho Cucamonga General Plan. The land use designation in the General Plan is Mixed-Use and allows for this type of use to be conducted within this area. The goals and objectives of the Victoria Community Plan will not be changed as this only affects one zoning district within one of the planned communities. The change will allow for a new service to be provided to' the residents within this area. 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. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and 16 • • PLANNING COMMISSION RESOLUTION NO. 09-45 • DRC2009-00739 - CITY OF RANCHO CUCAMONGA • December 9, 2009 Page 2 • b. This amendment does promote the goals and objectives of the Development Code which allows selected uses to be allowed only subject to the granting of a Conditional Use Permit, because of their unique operating characteristics, which require special consideration in order to operate in a manner compatible with surrounding uses; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity as the use will only be allowed with approval of a Conditional Use Permit. The Conditional Use Permit process will allow for the public review and evaluation of the requirement and characteristics of the use to provide adequate mitigation of any potentially adverse impacts. It will also ensure all regulations and performance standards associated to this project will be in accordance with the Development Code and any other documents governing this project; and d. The subject application is consistent with the objectives the Development Code as the use is allowed in similar districts within the City; and e. The proposed amendment is in conformance with the General Plan as the Mixed-Use designation allows for a variety of uses within this land use plan. 4. The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061(b)(3)of the State CEQA Guidelines because . a text amendment will not have any significant impact 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 staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Victoria Arbors Master Plan Amendment DRC2009-00739 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: ': - Richard B. Fletcher, Chairman • ATTEST: 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 9th day of December 2009, by the following vote-to-wit: 17 ti PLANNING COMMISSION RESOLUTION NO. 09-45 DRC2009-00739 - CITY OF RANCHO CUCAMONGA December 9, 2009 ' • Page 3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • 18 • • • ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2009-00739, A REQUEST • TO AMEND THE VICTORIA ARBORS MASTER PLAN TO ALLOW MASSAGE ESTABLISHMENTS AS A CONDITIONALLY PERMITED USE WITHIN THE VILLAGE COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF. — APN: 0227-161-37. A. Recitals. 1. On December 9, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Victoria Arbors Master Plan Amendment DRC2009-00739 and, following the conclusion thereof, adopted its Resolution No. 09-45,.recommending that the City Council of the City of Rancho Cucamonga adopt said Victoria Arbors Master Plan Amendment. 2. On , 2009, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Victoria Arbors Master Plan Amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. • The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on , 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the Village Commercial District of the Victoria Arbors Master Plan; and b. The proposed Victoria Arbors Master Plan Amendment would currently only affect the property located at the southeast corner of Base Line Road and Day Creek Boulevard within the City of Rancho Cucamonga; and c. The application would conditionally allow massage establishments within the Village Commercial District of the Victoria Arbors Master Plan. Concurrently, the Victoria Community Plan is being amended to allow massage establishments within the Victoria Arbors Master Plan; and d. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for a service within the district in a manner consistent with the General • Plan and with related development; and • 19 • CITY COUNCIL ORDINANCE NO. DRC2009-00739— RME CLINICS, INCORPORATED Page 2 • e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties; and f. That the proposed.amendment is in conformance with the General Plan SECTION 3: Based upon the substantial evidence presented to this Council during the above referenced public hearing and upon the specific findings of facts set forth in Section 2 above, the Victoria Arbors Master Plan Amendment is hereby amended to change the Village Commercial Conditionally Permitted Use section of said Victoria Arbors Master Plan, in words and figures, as shown in the attached Exhibit"A." SECTION 4: The subject amendment identified in this ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under, pursuant to Section 15061(b)(3). In this case, the ordinance constitutes a text amendment and will not have a significant impact on the environment. The City Council has reviewed staff's determination of exemption, the Planning Commission's adoption of that exemption, and further concurs with the determination of exemption. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or • legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fad that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. • • 20 • • RESOLUTION NO. 09-46 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT DRC2009-00433 A REQUEST TO OPERATE A MASSAGE ESTABLISHMENT AT 7305 DAY CREEK BOULEVARD, UNIT 101, LOCATED IN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-161-67. A. Recitals. 1. Gary Rea of RME Clinics, Incorporated, DBA Massage Envy,filed an application for the issuance of Conditional Use Permit DRC2009-00433, 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 9th day of December• 2009, 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 9, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 7305 Day Creek Boulevard,with a street frontage of 810 feet and lot depth of 545 feet and which is presently improved with the Winery Estates Marketplace, a multi-tenant commercial retail center; and b. The property to the north of the subject site is a tract of single-family residences; the property to the south consists of a tract of single-family residences;the property to the east is the Filippi Winery and vineyard; and the property to the west is a vacant lot across Day Creek Boulevard; and . c _. The project site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP) and the Victoria Arbors Master Plan. The properties surrounding the site are also in the VCP but only the properties to the south and east are included in the Victoria Arbors Master Plan and specifically identified as single-family residential development to the south in the Low-Medium Density Residential District; Filippi Winery with a vineyard to the east in the High Residential District; single-family residential development to the north in the Low-Medium Density • Residential District of the VCP; and a vacant lot across Day Creek Boulevard in the Regionally Related Commercial District of the VCP; and 21 PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433—GARY REA December 9, 2009 Page 2 • d. The applicant has concurrently applied for Victoria Community Plan and Victoria Arbor Master Plan amendments to allow massage establishments as a conditionally permitted use within the Village Commercial District of the Victoria Arbors Master Plan. 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. The General Plan Designation of Mixed-Use for-this area allows for a variety of uses to be conducted and massage establishments can be an allowable use. 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. The use will be conducted during regular business hours of the Winery Estate Marketplace and have conditions to control the operating procedures set forth by the City of Rancho Cucamonga. c. The proposed use complies with each of the applicable provisions of the Development Code and Victoria Arbors Master Plan. The use is an allowed use with the approval of this Conditional Use Permit. 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 Existing Facilities because the use will be occupying an existing building with minor interior alterations. 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 staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) The approval of this application is for a massage establishment at. • 7305 Day Creek Boulevard, Unit 101. 2) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to 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 the applicant of his obligations under this condition. 22 PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433 — GARY REA December 9, 2009 Page 3 • 3) 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 or the use is discontinued for more than 180 days. No extensions are allowed. 4) 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. • 5) 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 prior to the Planning Commission or Planning Director hearing: Notice of Exemption - $50. • 6) The use shall only operate during the hours of 8:00 a.m.to 10:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. • 7) All reception areas shall be visible from public sidewalks adjacent to the store front. 8) The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of use. 9) 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. 10) Any modification or intensification of the use beyond what is specifically approved by this Conditional-Use Permit, shall require review and • approval by the Planning Commission. Building Department • 1) The applicant upon approval of the Conditional Use Permit must apply for a massage establishment permit as required by RC Ordinance NO. 555 and shall request an inspection from the Building and Safety Department to determine compliance with Facilities Section 9.24.060. • 23 PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433 — GARY REA • December 9, 2009 Page 4 • Business License Operating requirements: Any person engaging in, conducting, or permitting the operation of a certified massage establishment, may do so only if done in compliance with and/or subject to subsections A through G, I through N, Q, R, and S of this Section 9.24.050. No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any massage establishment unless each and all of the following requirements are met: A) Each person employed or acting as a massage technician or certified massage therapist shall have a valid permit issued by the director, or massage certificate, which permit shall be displayed in a conspicuous area open to the public at all times. It is unlawful for any owner, manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this chapter and which is worn clearly visible during working hours, or a valid massage certificate. B) The possession of a valid massage establishment permit does not authorize the possessor to perform work for which a massage • technician permit or massage certificate is required. C) Massage and bath operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m. D) A list of services available as approved pursuant to the application and the cost of such services, shall be posted in an open public place within the premises and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is in other than the English language,the permittee shall, at the permittee's cost and expense, provide to the director an English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under "'pe"halty'df perjury"oi'the laws of the state of California. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician or certified massage therapist shall offer or perform, any service other than those posted. E) The massage establishment permit and a copy of the permit of each and every massage technician or massage certificate of each certified . massage therapist employed in the establishment shall be displayed in an open and conspicuous place on the premises. • F) Every massage establishment shall keep a written record of the date • and hour of each treatment, the name and address of each patron,the name of the massage technician or certified massage therapist 24 • PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433— GARY REA December 9, 2009 • Page 5 administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the director. Such records shall be open to inspection only by officials charged with enforcement of this chapter, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor.and such persons shall be subject to the penalty of the provisions of this chapter in addition to any other penalties provided by • law. Such records shall be maintained on the premises of the • massage establishment for a period of 2 years. G) Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels,coverings and linens. Clean towels, coverings and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate health department approved receptacles. H) If male and female patrons are to be treated simultaneously at the • • same massage establishment, separate massage rooms, separate dressing facilities, and separate toilet facilities shall be provided for male and female patrons. I) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the San Bernardino County Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the Health Department, after each use. All walls, ceilings, floors and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition. J) Instruments utilized in performing massage shall not be used on more than one patron unless such instruments have been sterilized, using ' • approved sterilizing methods. K) All employees, including massage technicians and certified massage therapist, shall be clean, and wear clean, non-transparent outer garments. Such garments shall not expose their genitals, pubic area, buttocks or chest. Massage technicians shall maintain the massage technician permit visibly on their person during business hours. • L) No person shall enter, be or remain in any part of a massage • establishment while in the possession of, consuming, under the influence of, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible • 25 • PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433 — GARY REA December 9, 2009 Page 6 • managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. M) No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. N) No massage establishment granted a permit under this Article I shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in Section 9.24.050(D) of this Article I. Nor shall any massage establishment or outcall massage service employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in Section 9.24.050(D) of this Article I. 0) No service enumerated in Section 9.24.050(D) of this Article I may be carried on within any cubicle, room, booth, or any area within a massage establishment, which is fitted with a door capable of being locked. P) All exterior doors shall remain unlocked from the interior side during business hours. • Q) A massage shall not be given and no patron shall be in the presence of a massage technician or certified massage therapist or other employee . unless the patron's genitals are fully covered by a non-transparent covering. In addition, a female patron's breasts shall be fully covered by a non-transparent covering. R) No massage establishment shall be open for business without at least one massage technician on the premises at all times who is in possession of a current, valid permit or massage certificate. S) Each massage establishment granted a permit under this article shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the director designating the person or persons who shall act as manager. The operator, or manager in the operator's absence shall be responsible for ensuring compliance with this chapter. Facilities: Every certified massage establishment shall maintain facilities meeting all of the requirements of Subsections A through F, H, and I of this Section'9.24.060. Every massage establishment shall maintain facilities meeting all of the following requirements: • A) Signs shall be in conformance with the current Ordinances of the City; 26 PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433 —.GARY REA December 9, 2009 • Page 7 B) Minimum lighting shall be provided in accordance with Section 1205 of the Uniform Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons; C) Minimum ventilation shall be provided in accordance with Section 1203 of the Uniform Building Code or successor provision or provisions; D) Adequate equipment for disinfecting and sterilizing instruments used in • performing the acts of massage shall be readily available; E) Hot and cold running water shall be provided at all times; F) Closed cabinets shall be provided for storage of clean linens; G) Adequate bathing, dressing, locker and toilet facilities shall be provided to • patrons. A minimum of two separate lockers that are capable of being locked must be provided for patrons. Separate toilets,wash basins, bathing, and dressing areas shall be provided for male and female patrons; H) A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also • be provided at each basin; I) Pads used on the massage tables shall be covered with a durable,washable plastic or other waterproof material acceptable to the San Bernardino County Health Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 2009. PLANNING COMMISSION OF THE'CITY OF RANCHO CUCAMONGA BY: ` Richard B. Fletcher, Chain-64n' _ ATTEST: 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 9th day of December 2009, by the following vote-to-wit: • 27 PLANNING COMMISSION RESOLUTION NO. 09-46 • DRC2009-00433 —GARY REA December 9, 2009 Page 8 • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • • 28 • RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2009-00433, A REQUEST TO ALLOW A MASSAGE ESTABLISHMENT TO OPERATE AT A SITE LOCATED WITHIN THE WINERY ESTATES MARKETPLACE AT THE SOUTH EAST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD,LOCATED AT 7305 DAY CREEK BOULEVARD, UNIT 101, IN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0227-161-67. A. Recitals. 1. Gary Rea of RME Clinics, Incorporated DBA Massage Envy, filed an application for Conditional Use Permit DRC2009-00433, as described in the title of this Resolution,to conditionally allow a massage establishment to operate at 7305 Day Creek Boulevard, Unit 101. 2. On the 9th day December, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2009-00433 and issued Resolution No. 09-46, recommending the City Council approve the above listed application. 3. On the day of 2010, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on this application and concluded said hearing on that date. • 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced meeting on , 2010, including written and oral staff reports, this Council hereby specifically finds as follows: a. The site located within the Winery Estate Marketplace on the southeast corner of ' . ' Base Line Road and Day Creek Boulevard at 7305 Day Creek Boulevard, Unit 101; and - - b. Massage Envy is a nationally recognized company with stores nationwide. They are a chain of professional therapeutic massage clinics. The site is located within the . Village Commercial District of the Victoria Arbors Master Plan,which was designed to accommodate this type of business; and c. The project site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP) and the Victoria Arbors Master Plan. The properties surrounding • the site are also in the VCP but only the properties to the south and east are included in the Victoria Arbors Master Plan and specifically identified as single-family residential development to the south in the Low-Medium Density Residential District; Filippi Winery with a vineyard to the east in the 29 CITY COUNCIL RESOLUTION NO. DRC2009-00433 — RME CLINICS, INCORPOATED Page 2 • High Residential District; single-family residential development to the north in the Low-Medium Density Residential District of the VCP; and a vacant lot across Day Creek Boulevard in the Regionally Related Commercial District of the VCP; and d. The applicant has concurrently applied for Victoria Community Plan and Victoria Arbor Master Plan amendments to allow massage establishments as a conditionally permitted use within the Village Commercial District of the Victoria Arbors Master Plan. 3. 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 Existing Facilities because the use will be occupying an existing building with minor interior alterations. 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 staff's determination of exemption. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,this City Council hereby approves the request for a Conditional Use Permit subject to each of the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Department 1) The approval of this application is for a massage establishment at • 7305 Day Creek Boulevard, Unit 101. 2) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to 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 the applicant of his obligations under this condition: 3) 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 or the use is discontinued for more than 180 days. No extensions are allowed. 4) 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. • 30 • CITY COUNCIL RESOLUTION NO. DRC2009-00433 — RME CLINICS, INCORPOATED • Page 3 5) 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 prior to the Planning Commission or Planning Director hearing: Notice of Exemption - $50. • 6) The use shall only operate during the hours of 8:00 a.m.to 10:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. 7) All reception areas shall be visible from public sidewalks adjacent to the store front. 8) The business shall remain in compliance with all State, County, and Local regulations, including the conditions of the Conditional Use Permit at all times. If the operation of the facility does not remain in compliance, the Conditional Use Permit may be reviewed by the Planning Commission for consideration and possible termination of use. 9) 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. 10) Any modification or intensification of the use beyond what is specifically approved by this Conditional Use Permit, shall require review and approval by the Planning Commission. BUILDING DEPARTMENT 1) The applicant upon approval of the Conditional Use Permit must apply for a massage establishment permit as required by RC Ordinance NO. 555 and shall request an inspection from the Building and Safety Department to determine compliance with Facilities Section 9.24.060. Business License Operating requirements: - Any person engaging in, conducting,or permitting the operation of a certified massage establishment, may do so only if done in compliance with and/or subject to subsections A through G,..I through N, Q, R, and S of this Section 9.24.050. No person shall engage in, conduct, or carry on,or permit to be engaged in, conducted, or carried on, any massage establishment unless each and all of the following requirements are met: • A) Each person employed or acting as a massage technician or certified • massage therapist shall have a valid permit issued by the director, or massage certificate, which permit shall be displayed in a conspicuous area open to the public at all times. It is unlawful for any owner, 31 CITY COUNCIL RESOLUTION NO. DRC2009-00433 — RME CLINICS, INCORPOATED Page 4 • manager, operator, responsible managing employee, or permittee in charge of or in control of a massage establishment to employ or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this chapter and which is worn clearly visible during working hours, or a valid massage certificate. B) The possession of a valid massage establishment permit does not authorize the possessor to perform work for which a massage technician permit or massage certificate is required. C) 'Massage and bath operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 a.m. and 10:00 p.m. D) A list of services available as approved pursuant to the application and the cost of such services, shall be posted in an open public place within the premises and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is in other than the English language,the permittee shall, at the permittee's cost and expense, provide to the director an English language translation thereof. Such English translation shall be attested to being a full, true and correct translation thereof under penalty of perjury of the laws of the state of California. No owner, • manager, operator, responsible managing employee,or permittee shall permit, and no massage technician or certified massage therapist shall offer or perform, any service other than those posted. • E) The massage establishment permit and a copy of the permit of each and every massage technician or massage certificate of each certified massage therapist employed in the establishment shall be displayed in an open and conspicuous place on the premises. F) Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron,the name of the massage technician or certified massage therapist administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the • director. Such records shall be open to inspection only by officials charged with enforcement of this chapter, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor and such persons shall be subject to the penalty of the provisions of this chapter in addition to any other penalties provided by law. Such records shall be maintained on the, premises of the massage establishment for a period of 2 years. • G) Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels,coverings and linens. Clean • 32 CITY COUNCIL RESOLUTION NO. DRC2009-00433— RME CLINICS, INCORPOATED • • Page 5 • towels, coverings and linens shall be stored in enclosed.cabinets. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate health department approved receptacles. H) If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms, separate • dressing facilities, and separate toilet facilities shall be provided for male and female patrons. • I) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the San Bernardino County Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the Health Department, after each use. All walls, ceilings, floors and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition. J) Instruments utilized in performing massage shall not be used on more • than one patron unless such instruments have been sterilized, using approved sterilizing methods. K) All employees, including massage technicians and certified massage therapist, shall be clean, and wear clean, non-transparent outer garments. Such garments shall not expose their genitals, pubic area, buttocks or chest. Massage technicians shall maintain the massage technician permit visibly on their person during business hours. L) No person shall enter, be or remain in any part of a massage establishment while in the possession of, consuming, under the influence of,or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. M) No massage establishment shall operate as a school of massage, or .use the same facilities as that of a school of massage. • N) No massage establishment granted a permit under this Article I shall place, publish or distribute, or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in Section 9.24.050(D) of this Article I. Nor shall any massage • establishment or outcall massage service employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as • described in Section 9.24.050(D) of this Article I. 33 • CITY COUNCIL RESOLUTION NO. DRC2009-00433 — RME CLINICS, INCORPOATED Page 6 • 0) No service enumerated in Section 9.24.050(D) of this Article I may be carried on within any cubicle, room, booth, or any area within a massage establishment, which is fitted with a door capable of being locked. P) All exterior doors shall remain unlocked from the interior side during business hours. Q) A massage shall not be given and no patron shall be in the presence of a massage technician or certified massage therapist or other employee unless the patron's genitals are fully covered by a non-transparent covering. In addition, a female patron's breasts shall be fully covered by a non-transparent covering. • R) No massage establishment shall be open for business without at least one massage technician on the premises at all times who is in possession of a current, valid permit or massage certificate. S) Each massage establishment granted a permit under this article shall have a manager on the premises at all times the massage establishment is open for business. The operator of each massage establishment shall file a statement with the director designating the person or persons who shall act as manager. The operator, or manager in the operator's absence shall be responsible for ensuring • compliance with this chapter. Facilities: • Every certified massage establishment shall maintain facilities meeting all of the requirements of Subsections A through F, H, and I of this Section 9.24.060. Every massage establishment shall maintain facilities meeting all of the following requirements: A) Signs shall be in conformance with the current Ordinances of the City; B) Minimum lighting shall be provided in accordance with Section 1205 of the Uniform Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons; C) Minimum ventilation shall be provided in accordance with Section 1203 • of the Uniform Building Code or successor provision or provisions; D) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be readily available; E) Hot and cold running water shall be provided at all times; F) Closed cabinets shall be provided for storage of clean linens; • G) Adequate bathing, dressing, locker and toilet facilities shall be provided • 34 CITY COUNCIL RESOLUTION NO. DRC2009-00433 — RME CLINICS, INCORPOATED • Page 7 to patrons. A minimum of two separate lockers that are capable of being locked must be provided for patrons. Separate toilets, wash basins, bathing, and dressing areas shall be provided for male and female patrons; H) A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as • practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin; I) Pads used on the massage tables shall be covered with a durable, washable plastic or other waterproof material acceptable to the San Bernardino County Health Department. 5. The City Clerk shall certify the adoption of this Resolution. • • • • • • 35 la STAFF REPORT • PLANNING DEPARTMENT DATE: December 9, 2009 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Daniel Correa, Assistant Planner SUBJECT: TENTATIVE PARCEL MAP SUBTPM19043 - HUGO LEPE - A request to subdivide a property of 2.43-acres into two (2) parcels in the Estates Residential District, within the Etiwanda Specific Plan, located on the north side of Amber Lane approximately 370-fee • west from the centerline of Etiwanda Avenue; APN: 0225-111-37. This action is categorically exempt per the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315, minor land divisions. PROJECT AND SITE DESCRIPTION: A. Project Density: 1 dwelling per unit per acre. B. Surroundinq Land Use and Zoning: • North - Single-Family Residence/Very Low Residential District South - Vacant/Estate Residential District East - Vacant/Estate Residential District West - Vacant/Estate Residential District • C. General Plan Designations: Project site — Estate Residential District North - Very Low Residential District South - Estate Residential District East - Estate Residential District West - Estate Residential District D. Site Characteristics: The project site is a vacant parcel and it is located on the north side of Amber Street, which is a private street and east of Etiwanda Avenue. The parcel is generally square in shape with overall dimensions of approximately 320 feet from east-to-west and approximately 330 feet from north-to-south. ANALYSIS / BACKGROUND: A. General: The applicant proposes subdividing the site into two lots. There are no existing house(s) or structure(s) on the property. The lots exceed all City development requirements. Amber Lane presently dead ends and does not meet the Fire Services vehicle emergency vehicle turnaround requirement; therefore, the applicant has proposed a temporary vehicle turnaround located between the two lots to remain in place until Amber Lane is fully developed. • The applicant proposes a 15-foot Equestrian trail that will run along the north property line. The proposed trail will provide the future homeowners access and use of the Equestrian trail and Item E PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19043 — HUGO LEPE December 9, 2009 • Page 2 other connecting trails, which otherwise would not be possible without constructing a private Equestrian trail within the properties of the proposed subdivision. B. Design Review Committee: The Committee (Munoz, Stewart, and Nicholson) reviewed the project on September 15, 2009, and recommended approval (Exhibit E). C. Technical Review and Grading Committees: The Committees reviewed the project on September 15, 2009. The project was conceptually approved. D. Trails Advisory Committees: The Committees reviewed the project on September 9, 2009. The project was conceptually approved with the condition that the applicant obtains an access easement from the property owner on the east side to extend a required Equestrian trail to Etiwanda Avenue prior to recordation of the parcel map. E. Environmental Assessment: 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 15 exemption under State CEQA Guidelines Section 15315 which covers the division of residentially zoned property in urbanized areas into four or fewer parcels when the division is in conformance with the General Plan, zoning regulations and no variances are required. Because the applicant proposes to do a two lot subdivision that meets all City requirements, staff finds that 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. 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. No comments have been received in regard to this project. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM19043 through the adoption of the attached Resolution of Approval with conditions. Respe tfully submitted, James . Troyer, AICP - Planning Director JRT:DC/ds Attachments: Exhibit A - Site Utilization Map Exhibit B - Tentative Parcel Map Exhibit C - Conceptual Grading Plan Exhibit D - Master Plan for Amber Road and Greenwood Place Exhibit E - Design Review Committee Action Comments, dated September 15, 2009 • Draft Resolution of Approval for Tentative Tract Map SUBTPM19043 E-2 • • g 1 j s g 13/4%1\44 s.„....3 3 i • 1`SI S 5 c • IM � � d'sz sg \a\ I i 1 It di--,—i g. , I ' S'' \� ~ I ILI I 7 g a M g C $ I . 1 I i S _ !_, . ,:, • �$ j j • I EXHIBIT A E-3 • n 8 ".4 .es ?2 i• Illii tli - - I fi I ^ d @0 N /.as ill I Co o 13 5w .. e y $Yw 0tP I 4 j°gL 6 C O N C N N¢ d d U tl U W tZ nor Q Ou 3� ...m. • T o- VII d- xol 1 9"- 1LL —c o 8_qs—a3 0 > 1111nttL i �� O y E o_ 20' : L 9 ''U O 0 = U 2 Cfl dl W ill I x b U C c ao m � V g p '� 11 N W 3 S E m - �� illesito ao 9 IL ��. 14.' 1111111111°- ' -. i wit , ,6 ' I i _ I °° �� ( n 1 illt z r'2 I p Q z ' < U il q > - � W J N i z r N Q , °' o I : OZ o pd I .y (N N J O4N ilk C 0 \\ rFF 3.95,6 .d0 G. p g95yRy1,, =N P, Iti a_ E zc— l l L —9zzo 8ds—aJ e 'o , ebbbbbb u S N ° o w_ h <° x t LI �� Bt�3� a 1 g $ O DU g2s1C4� �� ]y J Fy S.� ili Vli m illhi t)U n r. Vi hni3°e$�n$7v`,oz Api cc Pow < iii 1.4 !; jfl IJ 4044 , , W F �5+U x U ggg apQ o O ° SQpDFmu<o � ��C �S ao RE G $sE Jiin o^ gn ¢ N .I $3 2HP. to N ag E UP lE w E=8x55,„ 0 2g2 X5,3= = smmc-, �d]Is. �° 2 . N%Y.t Nn E2 u7Anrc$ EXHIBIT - B sin: N =_ E-4 ::: EE a : 14. _I!i f°v E 4 • - 8 '1"' . Fay ' 1= — ct / th w LO I I • / t ��►a ti F . / f r: 1 g Pr i I IIItm/ 48\ 0 . CQ al : / j75 ir. 0U GV 4—Lc,/ 'C0 e 111 �5 0j- NO 011 g O N 0 C '- @°@ F� a W -4 v ��g: [ 11 a OU E.'E Z cLL ov I r 1. 11 0O o c t ti 8 gog $ S o rn V m 3 e � ■ o 1 III I , 1 , d 8 III F. III g gg se • I ' 'g� . : Egi 3 ... =ECi r I Il ,'11 10;44_1 e s P / aJ zpos \g I s ` I § P tlN .„15,'‘`;"'�i��j1 {� 9 / L + I,\ N •k' 3` fir 1`414%tlrl— I a II; , ', ' Mwt , El IA i II 4 ii 11 Fra ;a a 14 i I .__ �"gi m 3 __II _ L_ ion 1 E ;I� ••u. }� �. k"e qty ,I„f BI@ 1. 6 E> E 1 I i i I N\ ''PA-14,'461.C.2:1;1 +I ¢ 9 114 .. 1 EN N-Nr3 °g 6 Ilk 16 r' �� 2F, + '11'div a (A Bzanw tine, \ 'n nC ! • t :...:. I 1 \ 2.. 1 t I + \ V I 1 I I yy I I l/ � �5 y 0 s. /Fl - 7 i C5 8 34m S 0 e 'c[ n o.�m° EXHIBIT - C fi_5 1V (§2,P... rya a. • t \ § / ) di\ m , : J j§ \2 R ; j \ x2 l ; II • U iI7!|� 91 ! ! 2 —# § )j 4 i e '► ( • , ( / , 0 ) ] | , � � 4 . 0 z . . . , CC \ , j iq u c4 C5 ,3 I. W % | ! | fl � . \ z a ! - \ § |/ 2_ ° / ! §\ ; ; m !§; ale, D »<! - ■ _ ,, !.�a �1 R �_. \ !!)§! !_=a , -...4 �) ! E ! ,. |\ ! !!\§; s ,{ : !n%|, o EXHIBIT - D ' \/ \jk E-6 • • • • DESIGN REVIEW COMMENTS 7:00 p.m. Daniel Correa September 15, 2009 TENTATIVE PARCEL MAP SUBTPM19043 - HUGO LEPE - A request to subdivide a property of 2.43 acres into two (2) parcels in the Estates Residential District, within the Etiwanda Specific Plan, located on the north side of Amber Lane approximately 370 feet west from the centerline of Etiwanda Avenue - APN: 0225-111-37. This action is categorically exempt per the California Environmental Quality Act (CEQA) . pursuant to State CEQA Guidelines Section 15315, minor land divisions. Site Characteristics: The project site is located within the Etiwanda Specific Plan. The 2.43-acre site is located on the north side of Amber Lane, west of Etiwanda Avenue. The parcel is generally square in shape with overall dimensions of approximately 320 feet from east to west and about 330 feet from north to south. The grade difference between the north and south property lines is approximately 15 feet. The lots to the north are zoned Very Low Residential, and the lot to the south is zoned Estate Residential and is developed with a school. • Proiect Overview: The applicant proposes subdividing the site into 2 lots. There are no existing house(s) or structure(s) on the property. The lots exceed all City development requirements. Amber Lane presently dead ends and does not meet the Fire Services vehicle emergency turnaround requirement; therefore, the applicant has proposed a temporary vehicle turnaround located between the two lots to remain in place until Amber Lane is fully developed. The Equestrian Overlay Plan requires that equestrian trail and/or feeders be provided on all lots. The housing tract to the north has developed a 15-foot wide trail along their southern property line. The applicant has requested use of the existing trail and was unable to secure consent from all of the property owners. The applicant proposes constructing a new 15-foot wide trail directly adjacent to the existing trail to meet the trail requirement. Staff Comments: Staff concludes that the proposed subdivision will be well-integrated into the overall design of the existing surrounding lots. Staff Recommendation: Staff recommends that the project be approved and forwarded to the Planning Commission for review and action. • Design Review Committee Action: The Committee approved the project as presented. • • • Members Present: Munoz, Stewart, Nicholson Staff Planner: Daniel Correa • • • EXHIBIT - E • E-7 RESOLUTION NO. 09-47 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 19043-A REQUEST TO SUBDIVIDE A PROPERTY OF 2.43-ACRES INTO TWO PARCELS IN THE ESTATE RESIDENTIAL DISTRICT (1 DWELLING UNIT PER ACRE) WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF AMBER LANE APPROXIMATELY 370-FEET WEST FROM THE CENTERLINE OF ETIWANDA AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0225-111-37. A. Recitals . 1. Hugo Lepe has filed an application for the approval of Tentative Parcel Map No.19043, ' as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 9th day of December 2009, 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 9, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at the north side of Amber Lane approximately 370 feet west from the centerline of Etiwanda Avenue; and b. The subject property is in the Estate Residential District, which is within the Etiwanda Specific Plan and is presently undeveloped. The site generally slopes from north-to-south; and c. The project is surrounded by single-family residential development to the north, and on the south, east and west; and d. The applicant proposes subdividing 2.43-acres of land into two lots. Both lots will have estate residences; and • e. Both lots will gain access from Amber Lane; and E-8 PLANNING COMMISSION RESOLUTION NO. 09-47 SUBTMP19043— HUGO LEPE • December 9, 2009 Page 2 • • f. The proposed lots meet all City requirements including width, depth and size. The average lot size is 48,000-square feet,which exceeds the 40,000=square foot average requirement of the Estate Residential District. The proposed lot sizes are as follows: Lot 1 49,200 square feet Lot 2 46,800 square feet Average Lot Size 48,000 square feet 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 parcel map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and • e. The tentative parcel map is not likely to cause serious public health problems; and • f. The design of the tentative parcel 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. There is no substantial evidence that the project will have a significant effect upon the environment based upon the findings as follows: a. 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 15 exemption under State CEQA Guidelines Section 15315 which covers the division of residentially zoned property in urbanized areas into four or fewer parcels when the division is in conformance with the General Plan, zoning regulations and no variances are required. Because the applicant proposes to do a two lot subdivision that meets all City requirements, staff finds that 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, 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. • • E-9 PLANNING COMMISSION RESOLUTION NO. 09-47 SUBTMP19043 — HUGO LEPE . December 9, 2009 • Page 3 • Planning Department 1) All perimeter walls shall be decorative and have a uniform design that is compatible with those in the area and must be constructed concurrently with the construction of the residences on the lots. 2) The Grading Plan submitted at time of Plan Check will need to show Lots 1 and 2 draining to Amber Lane. • 3) Front yard landscaping and irrigation shall be installed on Lots 1 and 2 prior to final occupancy. 4) Development of the site shall be in substantial conformance to the Site Plan reviewed by the Design Review Committee on September 15, 2009. 5) The Equestrian trail improvements at the rear of the properties shall consist of a 15-foot wide trail and property owner(s) must construct a split rail Equestrian trail fence along the north property line. The trail fence shall be constructed in compliance with the City of Rancho Cucamonga Standard Drawing 1010-A. • Engineering Department 1) Make a good faith effort to process and record the Amber Lane street dedication on APN: 0225-111-36 to the east. If the adjacent property owner is not willing to dedicate, on-site improvements shall be designed to transition to both the ultimate north curb line and to an interim alignment with improvements installed south of the Amber Lane centerline in existing rights-of-way. 2) Amber Lane shall be constructed in accordance with City "Local Street" standards and Etiwanda Specific Plan including, but not limited to, the following: . a) • Amber Lane is partially dedicated offsite. If an additional • . right-of-way is obtained from the property to the east, Amber Lane shall be constructed with curb and gutter and 28-foot pavement east of the project site, extending to Etiwanda Avenue. Provide ultimate improvements along the north side with curb and gutter, property line adjacent sidewalk, streetlights on the north side, and an ADA access ramp at Etiwanda Avenue. b) If additional off site right-of-way to the east is not obtained, provide an alignment for a 26-foot interim "half street"from • the project site to Etiwanda Avenue within existing • E•10 PLANNING COMMISSION RESOLUTION NO. 09-47 SUBTMP19043 — HUGO LEPE December 9, 2009 • Page 4 rights-of-way to the southeast. Centerline shall transition to the north across the 109-foot stretch of full width right-of-way near the southeast corner of the project site. Provide curb and gutter, property line adjacent sidewalk, and streetlights on the project frontage only (north side). Provide AC curb on the south side. c) Amber Lane shall have a 28-foot pavement width in a 42-foot right-of-way on-site along the project frontage in either case. Provide a minimum ultimate centerline radius of 300 feet and lane transitions to the satisfaction of the Traffic Engineer. d) Street trees and drive approaches off-site and on vacant parcels can be deferred until development; however, drive • approaches, as needed by the developer, to both parcels 1 and 2 as well as the required fire-turn-around shall be installed prior to obtaining a Building Permit. e) Provide a hammerhead turn-around near the west end of the project frontage for temporary use by the public per Traffic Section requirements. Provide a temporary easement to the City for its installation and use. Provide a • barricade per Standard 131-B north of the existing private Amber Lane alignment as well as additional signing, reflectors, and striping as may be required by the Traffic • Section. f) Provide 5800 Lumen HPSV streetlights, as required. g) Street trees, a minimum of 15-gallon size, shall be of a species and spaced as set forth in the Engineering Services Department Standard Conditions. h) Provide traffic signage and striping as required. South side to be posted with R-26's "No Stopping Anytime." 3) Developer may work with adjacent property owners to the east and south in an attempt to share the cost and coordinate full width construction of Amber Lane. a) San Bernardino County Board of Education property, APN: 0225-111-05 was not required to construct improvements on Amber Lane. They were required to dedicate Amber Lane only. They widened Etiwanda Avenue and Banyan Street frontages to this property. b) The property to the east (APN: 0225-111-36) recently changed ownership. If the new owners subdivide the property, they will be required to install Amber Lane full • width for their entire frontage, so it should be in their interest to cooperate in a joint construction project. E11 PLANNING COMMISSION RESOLUTION NO. 09-47 SUBTMP19043 — HUGO LEPE December 9, 2009 • Page 5 c) If either of these adjacent developers does not cooperate, the project developer may request a reimbursement agreement to recover the cost of permanent off-site improvements from future development of the adjacent properties to the south and to the east. If the project developer fails to submit said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 4) Existing overhead utilities on the project side of Amber Lane shall be undergrounded from the first pole east of the east property line to the first pole west of the west property line, prior to public improvement acceptance. The project developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development as it occurs on the opposite side of the street. If the project developer fails to submit said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 5) Final map sheets shall be 18" by 26" and drawn to an • Engineering Scale; 1" = 20', 30' or 40'. 6) Cross lot drainage easements, temporary easements for Fire Safety purposes, and a temporary easement for a hammerhead turn-around near the western end of the project frontage shall be shown on the final Parcel Map. 7) Provide limited access curb per Standard Drawing No. 105-C for temporary Fire Department turn-around. Install cobblestones per Standard Drawing No. 542 between the back of curb and sidewalk. Curb, cobble, and sidewalk shall have thickness and reinforcement to accommodate emergency vehicles, to the satisfaction of the City Engineer and Fire Chief. • • • E-12 PLANNING COMMISSION RESOLUTION NO. 09-47 SUBTMP19043— HUGO LEPE December 9, 2009 • Page 6 • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: 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 9th day of December 2009, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • E-13 Rancho Cucamonga Fire Protection District 4t.Apt .;,\ 9I Fire Construction Services FIRE STANDARD CONDITIONS April 21 , 2009 Amber Lane Subdivision William J Wright TM 19043 (2) Lot Parcel Map N/S Amber Lane E/O Etiwanda Ave. SUBTPM19043 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply sign guidelines for Fire Hydrants: Fire hydrants shall be located in accordance with the Mr 07 California Fire Code, RCFPD Ordinance FD46 and RCFPD Standard 5-10 (formally 9-8). FSC-2 Fire Flow The required fire flow for this project is 2000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with 2007 Fire Code, as adopted by the Fire District Ordinance. FCS-3 Fire Department Access Fire Department access must be provided as approved in the parcel map (with hammerhead turn-arounds) and in accordance to RCFPD Standard 5-1. 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 fee payment. • • Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: E-14 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. bn the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure in Standard #5-10. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #5-1 (formally 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. • E-15 2 ORAL REPORT/POWERPOINT PRESENTATION FOR COMMUNITY TELEPHONE SURVEY • Item F -Cirk47\ MEMORANDUM .,'^{ � • RANCHO CUCAMONGA POLICE DEPARTMENT • RANCHO Date: December 2, 2009 CUCAMONGA To: James Troyer, Planning Director From: Joe Cusimano, Chief of Police $ Subject: Public Nuisance — reference /oco Cantina & Grill The Rancho Cucamonga Police Department requests the Planning Department re-evaluate the Conditional Use Permits and Entertainment Permits for the following local establishment: Loco Cantina & Grill 11815 E. Foothill Blvd. Calls for service include fights, drunk in public, assaults, and a sexual assault. We believe they are in violation of their Conditional Use Permit and Entertainment Permit. We request the Planning Department re-evaluate these permits and submit this memo to the Planning Commission for further assessment. • • Item G • MEMORANDUM T7m. U-r • RANCHO CUCAMONGA POLICE DEPARTMENT RANCHO Date: December 2, 2009 CUCAMONGA To: James Troyer, Planning Direct', • From: Joe Cusimano, Chief of Polic_4 Subject: Public Nuisance — references.maha Jacks Steakhouse & Brewery The Rancho Cucamonga Police Department requests the Planning Department re-evaluate the Conditional Use Permits and Entertainment Permits for the following local establishment: Omaha Jacks Steakhouse & Brewery 11837 Foothill Blvd. Calls for service include fights, drunk in public, and assaults. We believe they are in violation of their Conditional Use Permit and Entertainment Permit. We request the Planning Department re-evaluate these permits and submit this memo to the Planning Commission for further assessment. • . • Item H Planning Commission Meeting of RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM • �G 2. Garareat 4. ersa2 at C e- 5. _ i , / / GZ 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.