Loading...
HomeMy WebLinkAbout2010/02/10 - Agenda Packet - Planing Commission • THE CITY OF RANCHO CUCAMONGA Sit* PLANNING COMMISSION 14J AGENDA CUCAMONGA FEBRUARY 10, 2010 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive • Rancho Cucamonga, California I • L . CALL.TO ORDER I Roll Call Chairman Fletcher Vice Chairman Munoz Oaxaca_ Howdyshell _ Wimberly _ • ( II. ANNOUNCEMENTS WELCOME COMMISSIONER OAXACA • III. APPROVAL OF MINUTES Regular Meeting Minutes of January 27, 2010 Adjourned Workshop Meeting Minutes of January 27, 2010 IW. • 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. A. CONDITIONAL USE PERMIT DRC2009-00308-INO CRUZ(FOR ARCO) -A proposal to construct an automatic car wash, relocate an existing trash enclosure, and relocate a previously approved Healy Tank at an existing ARCO gas service station and convenience store in the Community Commercial (CC) District, Terra Vista Community Plan (TVCP), located at 11768 Foothill Boulevard -APN: 0227-151-41. Staff has determined that • 1 of 5 PLANNING COMMISSION AGENDA a FEBRUARY 10, 2010 RANCHO CUCAMONGA the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures - as the proposed structure is less than 2,500 square feet in floor area. Related file: Conditional Use Permit CUP96-14. B. TENTATIVE PARCEL MAP SUBTPM19225- ETIWANDA GARDENS -A proposal to subdivide a parcel of about 428,000 square feet (9.8 acres) that is mostly developed with a banquet/reception facility of about 30,000 square feet into two parcels of 2.07 and 7.8 acres in the Office Professional (OP) District, Etiwanda Specific Plan, located at 7576 Etiwanda Avenue - APN: 0227-171-10. 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 as a Class 15 exemption under State CEQA Guidelines Section 15315—Minor Land Divisions-as the proposal is to subdivide the property into four parcels or less. • C. REVIEW OF CONDITIONAL USE PERMIT DRC2007-00283R- EL LOCO CANTINA& GRILL-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11815 Foothill Boulevard -APN: 0229-011-38. Related file: Entertainment Permit DRC2007-00284. Continued from January 13, 2010. REQUEST FOR CONTINUANCE. D. REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284R - EL LOCO CANTINA& GRILL-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved and Entertainment Permit. Previously approved to allow live nightly entertainment and dancing within an existing restaurant. Located within the Industrial Park District (Subarea 7),in the Masi Plaza at 11815 Foothill Boulevard-APN: 0229-011-38. Continued from January 13, 2010. REQUEST FOR CONTINUANCE. • 2 of 5 tt. PLANNING COMMISSION AGENDA FEBRUARY 10, 2010 RANCHO CUCAMONGA E. REVIEW OF NON-CONSTRUCTION CONDITIONAL USE PERMIT - DRC2004-00326R - OMAHA JACKS - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11837 Foothill Boulevard, Suite A - APN: 0229-011-39. Related file: Entertainment Permit DRC2004-00327. Continued from January 13, 2010. F. REVIEW OF ENTERTAINMENT PERMIT REVIEW- DRC2004-00327R- OMAHA JACKS - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the • approved Entertainment Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11837 Foothill Boulevard, Suite A-APN: 0229-011-39. Continued from January 13, 2010. IV. . 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. IVI. • COMMISSION BUSINESS/COMMENTS VII. 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. • 3 of 5 *g' I PLANNING COMMISSION AGENDA • Ls-�.J FEBRUARY 10, 2010 RANCHO CUCAMONGA 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on February 4, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours 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. • 4 of 5 • PLANNING COMMISSION AGENDA bM FEBRUARY 10, 2010 RANCHO CUCAMONGA AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,124 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-cucamonqa.ca.us • • • 5of5 %, Vicinity Map • Planning Commission February 10 , 2010 I SPHERE O F I N' F L U E N C E 1 __�•�—fit Z W Q C � W i m HLLSILE 'g c^ W tq W ' a WIL'•N 2 4 V (4 ° MI Ilan g \ !< 9 _ -- �)I 19TH fr 2r • I 'ASE LINE i Iyr ^� B *. A CHURCH �na`in a• FOOTHILL S'����!7 S ARROW I 8TH ErirOr m p .• / ( s 2 W 2 _ P. 2 1 ¢ _ I W 4TH A C,D,E,F Q * Meeting Location: N City Hall . 10500 Civic Center Drive • STAFF REPORT rik PLANNING DEPARThIENT RANCHO • CUCAMQNGA DATE: February 10, 2010 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Mike Smith, Associate Planner SUBJECT: CONDITIONAL USE PERMIT DRC2009-00308 - INO CRUZ (for ARCO): A proposal to construct an automatic car wash, relocate an existing trash enclosure, and relocate a previously approved Healy Tank at an existing ARCO gas service station and convenience store in the Community Commercial (CC) District, Terra Vista Planned Community (TVPC), located at 11768 Foothill Boulevard - APN: 0227-151-41. Related file: Conditional Use Permit CUP96-14. 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 as a Class 3 exemption under State CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures - as the proposed structure is-less-than 2,500 square feet in floor area. PROJECT AND SITE DESCRIPTION: • Surrounding Land Use and Zoning: • Site - Gas Station/Convenience Store — Community Commercial (CC) District, Terra Vista Planned Community (TVPC) North - Vacant— Community Commercial (CC) District, Terra Vista Planned Community (TVPC) South - Jack in the Box— Industrial Park (IP) District (Subarea 7) East - Multi-tenant Retail — Community Commercial (CC) District, Terra Vista Planned Community (TVPC) West - Carl's Jr. /Green Burrito - Community Commercial (CC) District, Terra Vista Planned Community (TVPC) General Plan Designations: Site - General Commercial North - General Commercial South - General Commercial East - General Commercial West - General Commercial Site Characteristics: The subject property is a parcel located at the northeast corner of Foothill Boulevard and Masi Drive with an area of approximately 49,110 square feet (1.13 acre). The overall dimensions of the site are approximately 200 feet (east-to-west) by approximately 217 feet (north-to-south) (Exhibit B and C). The site is fully developed with a gas station/convenience store operated by ARCO that was reviewed and approved by the • Planning Commission on August 14, 1996, (Conditional Use Permit 96-14, Exhibit I). An overhead • Item A PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2009-00308 —ARCO February 10, 2010 Page 2 • • fueling canopy, landscaping, and parking areas are present. To the west of the site is a fast food restaurant (Carl's Jr. /Green Burrito) and to the east are two (2) retail buildings. To the south is the 26-acre Masi commercial center. To the north it is vacant. The zoning of the property and the surrounding properties to the west, north, and east is Community Commercial (CC) District, Terra Vista Planned Community (TVPC). The zoning of the properties to the south is Industrial Park (IP) District (Subarea 7). A shared drive aisle along the north side of the property provides access to the site. ANALYSIS: General: The applicant proposes to construct an automated self-service carwash of approximately 1,000 square feet. The carwash will be generally located at the northeast corner of the site along the east property line (Exhibit E and F). The primary axis of the carwash will be north south with the entrance and exit on the south and north sides, respectively. To ensure safe exiting of the carwash, a space of approximately 18 feet deep has been provided between the carwash and the drive aisle to the north that will allow a vehicle to pause before proceeding into the drive aisle. Included in the proposal is the construction of a drive aisle directing vehicles to the carwash, demolition of the existing trash enclosure and construction of a new trash enclosure, and relocation of a recently approved outdoor Healy Tank Enhanced Vapor Recovery (EVR) system to the interior of the carwash building (Minor Development Review DRC2008-00979). Existing parking stalls will be relocated; parking stalls are not required for the carwash building. The architecture of the carwash building will match the design and general appearance of the • existing gas station/convenience store and include matching finish, colors, trim, and materials. No revisions to the existing building are proposed. As the building will have a zero setback along the east property line, the applicant has obtained a letter from the adjacent property owner to the east acknowledging and permitting the applicant to enter their property to construct the car wash and conduct long term maintenance of the building (Exhibit L). Floor/Area Analysis: Per Chapter III, Section 2.5.3.8 of the General Plan, the maximum Floor Area Ratio (FAR) in the General Commercial (GC) land use category is 35 percent. The net area of the project site is 49,110 square feet. Following the completion of the new car wash, the combined building coverage will be 10,558 square feet. Therefore, the floor area ratio for this site will be • 21.5 percent. Description of Operations: The existing gas station and convenience store operates 24 hours a day, 7 days a week with 3 employees working in 2 shifts. The new carwash will operate during the same time period. No new employees are required as the car wash is fully automated (Exhibit K). Like similar automated car washes, customers will purchase a car wash service either at one of the gas pumps while refueling or at a kiosk that will be located at the entrance to the car wash. The duration of each car wash is about 5 to 10 minutes. Land Use Compatibility: The project will be consistent with the site's development district and the surrounding development districts. Car washes are consistent with the type of service provided at gas stations. The car wash service proposed is similar to the existing car wash located at the southwest corner of Foothill Boulevard and Masi Drive. To ensure any aesthetic impact to the • A-2 • PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2009-00308 —ARCO February 10, 2010 • Page 3 • neighboring commercial businesses to the east is minimized, a 6-foot high by 32-foot long screen wall will be constructed along the east property line that will extend from the southeast corner of the car wash building and continue south and terminate near the northeast corner of the existing retail building. Disturbance to any residents living in the area will be very minimal or non-existent as the nearest residential district/use is a single-family residential neighborhood located approximately 1,000 feet to the north at the north side of Malaga Drive, west of Rochester Avenue. Staff notes that the intermediate properties between the project site and these residences are partially vacant. However, as they are zoned for commercial use, it is anticipated that at a future date, there will be additional buildings constructed that will buffer these sensitive receptors from the proposed use. Design Review Committee: The project was reviewed by the Design Review Committee (Munoz, Wimberly, Granger, and Nicholson) on January 5, 2010. The Committee reviewed Staffs comments and accepted staffs conditions and recommendation of approval: The Committee had additional Conditions of Approval including using polyvinyl chloride (PVC) instead of wood for the overhead trellis at the car wash for durability and the addition of a screen wall along the south side of the drive aisle to screen the entrance of the car wash. The applicant agreed to all of the Conditions of approval which have been included in the attached draft Resolution of Approval. 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 as a Class 3 exemption under State CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures - as the proposed • car wash is-less- than 2,500 square feet in floor area and will function as an appurtenant structure to the existing gas station. The automated car wash will not intensify the existing use and will not create an environmental impact. There will be no expansion of the floor area of the existing building. With the exception of revised landscaping, no significant changes to the site such as relocated vehicle access points, mass grading, or substantial removal/addition of paved areas, etc., are proposed. There is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2009-00308 through adoption of the attached Resolution of Approval with conditions. Respectfully submitted, • Jam R. Troyer, AICP Planning Director JT:MS\ds • • A-3 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2009-00308—ARCO February 10, 2010 Page 4 • Attachments: Exhibit A - Location Map Exhibit B - Aerial Map Exhibit C - Existing Site and Demolition Plan Exhibit D - Grading Plan Exhibit E - Proposed Site Plan with New Carwash Building Exhibit F - Detail Site Plan Exhibit G - Roof Plan Exhibit H - Elevations Exhibit I - Staff Report for Conditional Use Permit 96-14 (excerpt) Exhibit J - Design Review Committee Action Comments, dated January 5, 2010 Exhibit K - Correspondence from the applicant Exhibit L - Correspondence from the Adjacent Property Owner Draft Resolution of Approval for Conditional Use Permit DRC2009-00308 • • A-4 CITY OF RANCHO CUC'MONGA - STAFF REPORT ta ,.v DATE: August 14, 1996 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Steve Hayes, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-14 - ATLANTIC RICHFIELD CORPORATION -A request to construct a 2,796 square foot convenience market/gas station on a 1.1 acre parcel within the Terra Vista Promenade shopping center within the Community Commercial District of the Terra Vista Community Plan, located on the north side of Foothill Boulevard, west of Rochester Avenue-APN: 227-151-18. PROJECT AND SITE DESCRIPTION: A. Surroundina Land Use and Zoning: North - Home Improvement Center(under construction); Community Commercial South - RetaiURecreational Center (under construction); Industrial Park (Industrial Area Specific Plan Subarea 7); East - Vacant; Community Commercial • West - Vacant; Community Commercial B. General Plan Designations: Project Site - Community Commercial North - Community Commercial South - Recreational Commercial East - Community Commercial West Community Commercial C. Site Characteristics:The site is a rough-graded and hydroseeded vacant pad within the Terra Vista Promenade shopping center. Landscape improvements within the public right of way adjacent to the site have mostly been completed. The site slopes gently from north to south. D. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Service Station - - - - 3 + 2/bay 3 3 Retail 2,796 1/250 12 12 TOTAL 15 15 ANALYSIS: A. General: The applicant is proposing to construct a 2,796 square foot service station with convenience store on a vacant pad within the Terra Vista Promenade shopping center. This is the first pad building to be processed within the project; the only other building in the center EXHIBIT I A-13 PLANNING COMMISSIOIeAFF REPORT IF CUP 96-14 -ATLANTIC R� HFIELD CO. August 14, 1996 Page 2 110 is Home Depot, which is nearing completion at this time. The pump island area will have 6 two-sided pumps, typical of the newer Arco gas stations. The building has been oriented to screen a majority of the pump island area from view from Foothill Boulevard, and additional shrub massing along the street in front of the parking area will screen the parking lot and pump area to an even greater extent. The general architectural concept (i.e., winery theme tower element, enhanced entry statement, trellises and colonnades, and material use) is consistent with the Terra Vista Promenade Design Guidelines for satellite buildings. B. Design Review Committee: On July 2, 1996, the Design Review Committee (McNeil, Lumpp, Fong) recommended revisions to the site plan and architecture. The revised plans were reviewed on a Consent Calendar basis on July 16, 1996, and the Committee recommended approval of the project subject to conditions, which are contained in the attached Resolution of Approval. The Design Review Committee Action Comments have also been attached for your convenience (Exhibit"G"). • C. Technical Review Committee: On July 3, 1996, the Technical Review Committee reviewed the project and determined that, together with the recommended special and standard Conditions of Approval,the project is consistent with all applicable standards and ordinances. The project was conceptually approved by the Grading Committee on July 2, 1996. D. Environmental Assessment: Staff has completed Part II of the Initial Study(Exhibit"H"). Staff determined that the project could not have any additional adverse negative impacts on the environment than were already considered with the Master Plan development of the Terra Vista Promenade shopping center, where this pad was specifically shown as a service station. If the Planning Commission concurs with staffs recommendations, then issuance of "a negative declaration would be in order. CORRESPONDENCE:This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices sent to all property owners within a 300-foot radius of the site. RECOMMENDATION: Staff recommends that the Planning Commission approve Environmental Assessment and Conditional Use Permit 96-14 through adoption of the attached Resolution of Approval with Conditions and issuance of a Negative Declaration. Respe s b Bra• E� Planner Attachments: Exhibit "A" - Vicinity Map Exhibit "B" - Master Plan Exhibit "C"- Site Plan Exhibit "D" - Landscape Plan Exhibit "E" - Grading Plan Exhibit "F" - Building Elevations Exhibit "G"- Design Review Committee Action Comments Exhibit "H" - Initial Study, Part II Resolution of Approval with Conditions A-14 • DESIGN REVIEW COMMENTS • 7:40 p.m. Mike Smith January 5, 2010 CONDITIONAL USE PERMIT DRC2009-00308 - INO CRUZ (for ARCO) - A proposal to construct an automatic car wash, relocate an existing trash enclosure, and relocate a previously approved Healy Tank at an existing ARCO gas service station and convenience store in the Community Commercial (CC) District, Terra Vista Planned Community (TVPC), located at 11768 Foothill Boulevard - APN: 0227 151-41. Related file: Conditional Use Permit CUP96-14. Design Parameters: The subject property is a parcel located at the northeast corner of Foothill Boulevard and Masi Drive with an area of about 49,110 square feet (1.13 acre). The overall dimensions of the site are about 200 feet (east to west) by about 217 feet (north to south). The site is fully developed with a gas station/convenience store operated by ARCO. An overhead fueling canopy, landscaping, and parking areas are present. To the west of the site, is a Carl's Jr. fast food restaurant; to the east are two (2) retail buildings; to the south is the 26-acre Masi commercial center; and to the north is vacant land. The zoning of the property and the surrounding properties to the west, north, and east is Community Commercial (CC) District, Terra Vista Planned Community (TVPC). The zoning of the properties to the south is Industrial Park (IP) District(Subarea 7). A shared drive aisle along the north side of the property provides access to the site. The applicant proposes to construct a freestanding, automated self-service carwash building of about 1,000 square feet. The carwash will be generally located at the northeast comer of the site along the • east property line. The primary axis of the carwash will be north to south, with the entrance and exit on the south and north sides, respectively. To ensure safe exiting from the carwash, a space of about • 18 feet deep has been provided between the carwash and the drive aisle to the north that will allow a vehicle to pause before proceeding into the drive aisle. Included in the proposal is the construction of a drive aisle directing vehicles to the carwash, demolition of the existing trash enclosure, construction of a new trash enclosure, and relocation of the exterior Healy EVR system to the interior of the carwash building. For screening purposes, a new 6-foot high by 32-foot long block wall will be constructed along the east property line. The existing parking stalls will be relocated; parking stalls are not required for the carwash building. The architecture of the carwash building will match the design and general appearance of the existing gas station/convenience store and include matching finish, colors, trim, and materials (see the attached Building.Elevation Exhibits Fl, F2, and F3 from Staff Report dated August 14, 1996). No revisions to the existing building are proposed. The project will require the removal of approximately four trees; as a condition of approval, the applicant will be required to replant trees at a ratio of 1:1. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project. 1. ' None. • • • • EXHIBIT J.' A.22 DRC ACTION AGENDA DR2009-00308— INO CRUZ • January 5, 2010 Page 2 Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues. 1. All doors (roll-up, dock doors, emergency access) shall be painted to match the color of the adjacent wall. 2. The new block wall along the east property line shall be constructed of decorative concrete masonry units (slumpstone, split-face, etc.) or have a decorative finish on both sides. 3. The new trash enclosure shall be constructed per City standard. The design of the trash enclosure shall incorporate the materials, finish, color, and trim used on the existing gas station/convenience store building. 4. The speed bumps in the drive aisle shall be subject to review and approval by the Fire Construction Services Department. 5. The windows on the west elevation of the carwash shall be one-way glass. 6. No business identification, advertisements, or product/service-related signs shall be placed on the carwash building. 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 recommends approval to the Planning Commission. The Committee reviewed the application and concurred with most of staffs design recommendations, including the use of one-way glass on the west elevation and the prohibition of signs on the carwash. The exception was the speed bumps in the drive aisle; after discussion, it was concluded that they are unnecessary. The Committee requested that the applicant use PVC instead of wood for the overhead trellis at the entrance and exit of the carwash. They also requested that the applicant construct a 3-foot high planter wall and landscaping to screen the carwash from Foothill Boulevard. The•wall would only be necessary along the south side of the drive aisle leading to the carwash entrance, The applicant agreed with these revisions and will incorporate them into the plans for final review and action by the Planning Commission. • Members Present Munoz, Wimberly, Granger, Nicholson Staff Planner: Mike Smith . • • • • A-23 SO COAST SERVICE STATION, LP - RANCHO 224 S. Joy Street • Corona, CA 92879 Phone 951-280-3833 Fax 951-280-3832 December 8, 2009 CITY OF RANCHO CUCAMONGA City of Rancho Cucamonga DEC 0 8 2009 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RECEIVED•PLANNING To whom it may concern, The existing operations of the Arco service station located at 11768 Foothill Blvd., Rancho Cucamonga, CA consist of a 24 hour/7 day a week convenience store and auto fueling station with 3 employee shifts 2 employees per shift. The proposed addition of a new self serve automated carwash will maintain the same hours of operations of 24 hour/7 day a week convenience store and auto fueling station with 3 employee shifts 2 employees per shift. • Sincerely, 14.1.7,P Hago Kofdarali • P-Operation-Letter.doc EXHIBIT K A-27 • LEWIS OPERATING CORP. 1156 North Mountain Avenue/Upland,California 91786 • P. O. Box 670/Upland,California 91785-0670 (909)985-0971 Fax: (909)949-6700 • • Date: october'12, 2009 CITY OF RANCHO CUCAMONGA To: So. Cal Service Station, LP - Masi nri <`t 2110C 11768 Foothill Blvd. Rancho Cucamonga, CA 91730 RECEIVED-KA M* From: John Dvorak Lewis Group of Companies Subject: Grant Permission for Construction and Maintenance Access • Dear Mr. Inc Cruz, • • We as owners of parcel #0227-151-40 located at 11778 Foothill Blvd. Rancho • Cucamonga, we grant access to our property during construction and the access for maintenance purposes after completion of construction. Sincerely, • •Lewi' /il to • (;din Dv. -:k • Regional Director-Retail • • • • • EXHIBIT L A-28 RESOLUTION NO. 10-03 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2009-00308 - INO CRUZ (FOR ARCO), A PROPOSAL TO CONSTRUCT AN AUTOMATIC CAR WASH, RELOCATE AN EXISTING TRASH ENCLOSURE, AND RELOCATE A PREVIOUSLY APPROVED . HEALY TANK AT AN EXISTING ARCO GAS SERVICE STATION AND CONVENIENCE STORE IN THE COMMUNITY COMMERCIAL (CC) DISTRICT,TERRA VISTA PLANNED COMMUNITY(TVPC), LOCATED AT 11768 FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-151-41. RELATED FILE: CONDITIONAL USE PERMIT 96-14. A. . Recitals. 1. 'no Cruz, on behalf of Atlantic Richfield Corporation(ARCO), filed an application for the issuance of Conditional Use Permit DRC2009-00308, 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 10th day of February 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 February 10, 2010, including written and oral staff reports, together with public testimony;this Commission hereby specifically finds as follows: a. The application applies to a developed parcel of land located at the northeast corner of Foothill Boulevard and Masi Drive—APN: 0227-151-41. The parcel has an overall area of approximately 49,110 square feet (1.13 acre); and b. The street frontage (east-to-west) of the parcel along Foothill Boulevard is approximately 200 feet and the depth (north-to-south)of the parcel is approximately 217 feet; and c. To the west of the site is a fast food restaurant and to the east are two (2) retail buildings. To the south is the 26-acre Masi commercial center. To the north it is vacant; and • d. The applicant proposes to construct an automated car wash with a floor area of approximately 1,000 square feet at the northeast corner of the project site; and A-29 PLANNING COMMISSION RESOLUTION NO. 10-03 DRC2009-00308 — INO CRUZ (for ARCO) February 10, 2010 Page 2 • e. The construction of the new car wash will require the relocation of the trash enclosure elsewhere on the site and the relocation of the outdoor Healy Tank Enhanced Vapor Recovery(EVR) system to the interior of the new building; and f. The proposed car wash will be an added service to an existing service station that is operated by ARCO and was previously reviewed and approved by the Planning Commission on August 14, 1996, (Related File: Conditional Use Permit 96-14). Per the Terra Vista Community Plan, Page V-21, car washes are permitted in the Community Commercial District within the Terra Vista Plan; and g. The hours of operations for this carwash will be the same as the gas station/convenience store which operates 24 hours a day, 7 days a week; and h. The car wash will not require any new employees as the facility is fully automated; and i. The applicant is required to provide thirteen (13) parking stalls for the gas station/convenience store. There are currently fourteen (14) on the site. The new carwash will require the removal of five (5)parking stalls. The applicant will construct four(4)new parking stalls elsewhere on the site resulting in a net loss of one (1) parking stall. Additional parking is not required for the new car wash. 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 car wash is in accord with the General Plan, the objectives of the Development Code, Terra Vista Community Plan, and the purposes of the district in which the site is located. The proposed project is to construct an automated car wash and is consistent with development in the vicinity. b. The proposed car wash,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 surrounding properties are zoned commercial and the surrounding uses are commercial-oriented. c. The proposed development complies with each of the applicable provisions of the Development Code. The proposed car wash meets all standards outlined in the Development Code, Terra Vista Community Plan, and the design and development standards and policies of the Planning Commission and the City. 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 as a Class 3 exemption under State CEQA Guidelines Section 15303-New Construction or Conversion of Small Structures-as the proposed structure is less than 2,500 square feet in floor area. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent • judgment, concurs in the staffs determination of exemption. A-30 PLANNING COMMISSION RESOLUTION NO. 10-03 DRC2009-00308— INO CRUZ (for ARCO) February 10, 2010 Page 3 • 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department • 1) Approval is for the construction of an automatic car wash with a floor area of 1,000 square feet at an existing ARCO gas station/convenience store in the Community Commercial(CC)District,Terra Vista Planned Community (TVPC) located at 11768 Foothill Boulevard; APN: 0227-151-41. 2) 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. 3) The car wash shall be operated in conformance with the performance standards as defined in the Development Code, including, but not limited to, noise levels. If operation of the car wash causes adverse effects upon the gas station/convenience store, and/or adjacent businesses or operations, then the Conditional Use Permit shall be brought before the Planning Commission for consideration and • possible revocation of the Conditional Use Permit. 4) Any modification or intensification of the existing uses; any improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit shall require the review and approval by the Planning Director or Planning Commission prior to submittal of documents for plan check/occupancy,construction,commencement of the activity, and/or issuance of a business license. 5) Outdoor storage of sales products, supplies, materials, and equipment is prohibited. 6) The windows on the west elevation of the car wash building shall be one-way vision glass that restricts visibility of the interior of the car wash from the outside. 7) The overhead trellis at the south and north sides of the building shall be constructed of polyvinyl chloride (PVC). 8) Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls. 9) Signs identifying products, advertising services, or identifying the car • wash building as "car wash" are not permitted. Signs required by Federal, State, or local agencies are exempt. A-31 PLANNING COMMISSION RESOLUTION NO. 10-03 • DRC2009-00308— INO CRUZ (for ARCO) February 10, 2010 Page 4 • 10) All walls, including retaining walls, exposed to public view shall be constructed of decorative masonry block such as slump-stone or stack-stone, or have a decorative finish such as stucco. 11) A 3-foot high planter wall shall be constructed and landscaping installed along the south side of the drive aisle that leads to the entrance of the car wash. The walls of the planter shall be constructed of decorative block or finished to match the existing building. 12) Landscaping shall be installed prior to release for occupancy. Building and Safety 1) The installation of the EVR and the foundation surcharge design of the • carwash building must be approved by the county of San Bernardino Fire Department before obtaining Building & Safety plan check approval. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF FEBRUARY 2010. • 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 10th day of February 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: • • A-32 • aka • COMMUNITY DEVELOPMENT re DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00308 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: INO CRUZ (FOR ARCO) LOCATION: 11768 FOOTHILL BOULEVARD—APN: 0227-151-41 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its /_/ agents,officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or . employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 10-03, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The /_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption- $50 X IC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00308 StdCond 2-10.doc A33 Project No. DRC2009-00308 Completion Date B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use /_/_ • has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include /_/_ site plans,architectural elevations,exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. 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. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the • time of building permit issuance. 7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / /_ 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and /_/_ debris remain for more than 24 hours. 3. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." _/_/_ • 4. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00308 StdCond 2-10.doc A-34 Project No. DRC2009-00308 • Completion Date b. Loading and Unloading-No person shall cause the loading,unloading,opening,closing,or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other • . similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ • projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main _/_/_ building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts / /_ • a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall /_/_ contain a 12-inch walk adjacent to the parking stall (including curb). • 3. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, /_/_ and exits shall be striped per City standards. G. Landscaping 1. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements 1. Submit five complete sets of plans including the following: / /_ • • a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf.Rpt\DRC2009-00308 StdCond 2-10.doc A-35 Project No. DRC2009-00308 Completion Date e. Electrical Plans(2 sets,detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste • diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2009-00308) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/_/_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / /_ Building and Safety Department. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be / /_ marked with the project file number(i.e., DRC2009-00308). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or / /_ major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation • Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to • the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and prior to issuance of building permits. 4. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_ counter). • J. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances /_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/ 3. Provide draft stops in attic areas. _/_/_ 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC. / /_ 5. Openings in exterior walls shall be protected in accordance with CBC. / /_ 6. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_ 4 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00308 StdCond 2-10.doc A36 Project No. DRC2009-00308 • • Completion Date K. Grading • 1. Grading of the subject property shall be in accordance with California Building Code,City Grading /_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the / /_ time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, / /_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. . 5. A separate grading plan check submittal is required for all new construction projects and for /_/ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR • COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. /_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. • 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with / / direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. _/_/_ M. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/ / visibility. • • APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • 5 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00308 StdCond 2-10.doc A-37 ---� Rancho Cucamonga Fire Protection "t, '` District • FIRE Fire Construction Services • • STANDARD CONDITIONS October 15, 2009 Arco New Car Wash Building 11768 Foothill Blvd. • DRC2009-00308 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The installation of the EVR•and the foundation surcharge design of the carwash building must be approved by the county of San Bernardino Fire Department before obtaining RCFPD plan check approval. The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonga.ca.us/firefindex.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the • corresponding standard. FSC-1 Public and Private Water Supply is existing 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: • a. The maximum distance between fire hydrants in commercial/industrial projects is 300- feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. • 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. • FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard. A-38 I. Location of Access: All portions of the structures ls` story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: • a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. • d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of • the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. • a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval • of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. A-39 2 • Compressed Gases • Repair Garages • • Tents, Canopies and/or Air Supported Structures • FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. • Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. • PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION— Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded • and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. A-403 4. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 5. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. • 6. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 7. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 /" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • • A-41 4 STAFF REPORT • PLANNING DEPARTMENT RANCHO CUCAMONGA • DATE: February 10, 2010 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Mike Smith, Associate Planner SUBJECT: TENTATIVE PARCEL MAP SUBTPM19225 - ETIWANDA GARDENS: A proposal to subdivide a parcel of approximately 428,000 square feet (9.8 acres) that is mostly developed with a banquet/reception facility of approximately 30,000 square feet into two parcels of 2.07 and 7.8 acres in the Office Professional (OP) District within the Etiwanda Specific Plan, located at 7576 Etiwanda Avenue - APN: 0227-171-10. 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 as a Class 15 exemption under State CEQA Guidelines Section 15315 — Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less. PROJECT AND SITE DESCRIPTION: • A. Surrounding Land Use and Zoning: Site - Vacant— Office Professional (OP) District, Etiwanda Specific Plan North - Single-Family Residences — Low-Medium (LM) Residential District, Etiwanda Specific Plan South - Single-Family Residences — Mixed Use (MU) Residential District, Victoria Arbors Master Plan East - Single-Family Residences — Low-Medium (LM) Residential District, .Etiwanda Specific Plan West - Vacant— Mixed Use (MU) Residential District, Victoria Arbors Master Plan B. General Plan Designations: Site - Mixed Use North - Mixed Use South - Mixed Use East - Low-Medium • West - Mixed Use Site Characteristics: The subject property is a rectangular parcel with an area of approximately 428,000 square feet (9.8 acres). The overall dimensions of the site are approximately 1,310 feet (east to west) by approximately 330 feet (north to south). The eastern 80 percent of the site is developed with a chapel, banquet facility, offices, landscaping, and parking areas. The remaining • 20 percent of the Site is vacant with only limited vegetation and a single tree. To the east, north, and south of the project site are single-family residences; to the west is vacant. The zoning of the Item B PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19225 — ETIWANDA GARDENS February 10, 2010 Page 2 • property is Office Professional (OP) District, Etiwanda Specific Plan. The properties to the north and east are zoned Low-Medium (LM) Residential District, Etiwanda Specific Plan. The properties to the south and west are zoned Mixed Use (MU) Residential District, Victoria Arbors Master Plan. The property has street frontage along Etiwanda Avenue, Long Meadow Drive, and Victoria Park Lane. The only access to the site is via a driveway at Etiwanda Avenue. The subject property is generally level with a southwesterly slope; the elevations at the highest point on the site along the north property line and the lowest point on the site south sides are approximately 1,273 feet and 1,260 feet, respectively (Exhibits B, C, and D). ANALYSIS: A. General: The applicant proposes to subdivide the property into two (2) parcels of 90,169 square feet (2.07 acres)and 339,768 square feet(7.8 acres), respectively (Exhibit D). The new lot line between the two parcels will separate the developed and undeveloped areas of the site. The chapel, banquet facility, offices, and other associated improvements will be on the larger 7.8 acre remainder parcel. The subdivision will not require any significant changes to existing improvements. Following the subdivision, Parcel 1 will have dimensions of 273 feet (east to west) and 330 feet (north to south), while the remainder parcel will have dimensions of 1,035 feet (east to west) and 330 feet (north to south). Parcel 1 will have future access to a public street at Long Meadow Drive. Although the new parcel will have street frontage along Victoria Park Lane, there will be no direct access to that street because of a landscape maintenance area between the parcel and the street. Reciprocal access and corresponding easements between the properties will be 'provided as required by the Fire Construction • Services Department for emergency purposes. B. Conceptual Master Plan: The applicant has provided a conceptual plan to illustrate a potential site layout for an office building on the smaller parcel consistent with the development district of the site (Exhibit E). However, it is not the applicant's intention to develop the property. Any development on the site, including the compatibility of the development with the surrounding land uses and existing conditions, will be reviewed and acted upon at a later date by the Design Review Committee and Planning Commission. C. Design Review Committee: The project was reviewed by the Design Review Committee (Munoz, Wimberly, Granger and Nicholson) on Januaryj5, 2010. The Committee reviewed Staff's comments and application as submitted with the Understanding that any development on the site would be reviewed and acted upon at a later date by the Design Review Committee and Planning Commission. The Committee recommends approval (Exhibit F). D. Grading and Technical Review Committees: The Grading Review Committee (Addington and James) and Technical Review Committee reviewed the application on January 5, 2010. Both Committees accepted the application as submitted and recommend approval. Each Committee's respective conditions have been incorporated into the Resolution of Approval. 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 as a Class 15 exemption • B-2 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19225— ETIWANDA GARDENS February 10, 2010 • Page 3 under State CEQA Guidelines Section 15315 — Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less. Development of the site by the applicant is not proposed. There is no substantial evidence that the project may have a significant effect . on the environment. • CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM19225 through adoption of the attached Resolution of Approval with conditions. • Respectfully submitted, /James R. Troyer, AICP Planning Director • JT:MS\ds • Attachments: Exhibit A - Location Map Exhibit B - Aerial Map Exhibit C - Site Utilization Map Exhibit D - Site Plan and Tentative Parcel Map Exhibit E - Conceptual Master Plan and Site Sections Exhibit F - Design Review Committee Action Comments, dated January 5, 2010 Draft Resolution of Approval for Tentative Parcel Map SUBTPM19225 S B-3 -g p---- --- --- 5TRIPLE CROWN CT ' _dAPPDHAipx❑ Fire _G �r-- '_aiEK. ..5 ° ■ I'.ri SUMMIT u KENTUCKY DERRY C1 BpIIRGUOTONE DR I'PARK' :. J� gl �..:' -�1—. a Station a!(n3aG �@/BVYAN ST ;s e ��'� I INTERME: 11000 E! II 123001 SUMMIT AVE �,_•'BANYAN.ST Lmoa a • I' se; I 3J00 Viµ'' C'" �' ` y v YRIA.Iw� n 11W/ AlUF5vfllltF OR �� SILVER SApOLE Dfl N�7 WHIIEHAR yy``,, I 4'' . .rucl� �.,1dIC.x �,.r L_a`l-L3L 51- i LAFCf I I 10 [ .BANYAN �`'rte" ''�":A' /°f'"` � ... x� a �-: I 11.00,112A__MOR II'. I• Jip 4�MARAD9AgL. K n ¢3:2s1 1 0-- Oa __1.ENV IEeEL:u?soy '-�C�'�� �G9�G ""5 FEN I ___ rnsq ' at� J • ^Oqi ST�_ft _ I a _�R wiwo0>. 11f'L'Er§! :1.4 31C U_D>L_J " �y�y aa f I \y;y'� o--- flxrow Nlcnlmnsfspq i� I S(� F B I z CIF E j tIIKIR" ��,_.�, �Wm �F SDR J IL VI NT�f lIJ WINDSTAR P9� LSIE i ';. :i iupE - =HICMJIex � /)ti16 -sHLNA"? /TIC G: u>cIYImfsL aFGSmBNJ, s= �'�----AGE. .Og LOST NUM 0 , �I taipA„_=i'? `, $���L_� °sI flf 'r`-" RAKI <_ l e e LT-•• � N € a-�.MAST i �r ` �f \L /�' y'��� T,Lt93W16L NVq�ER �� �y g / POCK )�_.__-a•- 21-'�/^�(,,.5 �RDP,� ".i OtlNik'IA`Zii E N-_� .\ �II �RDEN ,l WIN_ ow:, / b /(„ r L -"� "z NHN ROCK OA \ RNSrICyAM I C ROKEE RD e_ d \ o J BOBCpYI;i x11MnfA� p` '� -^��I „,9 . (: g ItL4q .,,t// AI/1,mo x=�'rjI o SECRETARIAT u Icy Ai �/5 I E HT u�� ` BAR ',KF1 Evex II_$ :-OIIU1pJ E{f'pR % .w I cc :� ,,„�1'1?�; �.��'r „ma /' �'"sRI `— JJ ux 11 N pl s• I �� I AAA �, pp p 1------.....4% MUEIL R.Ci 1 FISHER DR Hon HIGHLAND AVE o s � ) $�� L �,> � �— i6 IIA} z. I 1 n NORCIA DR ___WtlfiE40NE➢I '�`s'G\ :1_4. 'MtY'j _IO � \PpgY;EO__4//> i�M490 I 0 I !.:41LNIIJ.iI^Ry`3 IPlM40.�j 1a� DOGWOOD PL. ' `ice i FY' '°G`3( ` _ 11 b p 1L ] ! ' y{ 1WINSPUR PL MUN 0 L FEM 6. C �C �� E4 I �/ � � IIIJJJ�'((' I �� PRIM ROSE PL \\ rU EaAV \O g/' .k_ r4Li rkLY�a� 'mE t„„„,,, I �', 1c„ Aa f11,,�1f�1/ �.��: �; �4'y,Q ,_°�,��/'��?�I �(FALLING STAR C< �°ANW ,� �� TAMARISK DR G JNORA�J[J 'VF� 1`' �A• L f KHNYON ``/: 'S� L=i^ YMARSAU PL �� \?'�� IA 3RApY ? 814..4_1 L 94LYS4IIJ W \ �� . ` F G ty ','''PARK,:,: - \�1 ImOFFOWWRWWW'' ll¢CA-BR ]SPRING MIST OR .4.k 'I.. I �! _ I iONF (Vigil* IP' \ G9�k?-�`I3I�' w'a'1'^`� ' 1 , dPAN 01NO Ci fB �1 l Q CARNESI�R a 1 1.::,:.1..7-1 __Ci Q MI E._ la 7 u010n S�✓5 CASTELLO CT CL r— ,V- VISTA STS `- /E� t' '<a"q e-! p' y 'D- 1 .IO ..-+*` 2W--__!_yt— \ ";,-.4:: (-�..�.__-_ �� _____.. I '�q/,� � d\ ) .RANCHO 'F % ,,.]I 5 JNtILt[� ��/ I P1NOR_&iJ��..� _ 7/ ,Oa I!/ _ .aP^ '''� CUCAMONGA' 1•'I cT efu y'P -`"U'°ei Z '1 - ROILIN VICTORIA LLL��� '"-� �'"i, _1°_ m _ �1Ae n QI ¢ ET! 1 I '3' 4-q. N� M I� $"� INDAOWS / LLS CF,q){OS 571 8 J B`I .GROV ";44 L 1„i t}0 7/ 1\T S / S URRERA ST [_ .. VICTORIA _ 5 IG Ru�9 WINDAOWS'� pINEHURST OP• • 1 �•.^ '.PARK 8 W' r E I'''85Rlw ', DELAWa \ `:��II_ �3-rLL�l�s--mr--g----�-wc-1fro t.. f .. .s?..,a-lj aacr,� / V 1: .I ST t ,4:mcculoi SENpy F ,`Eyy� I�p �-- re \S �, GEORGE CTI • CLI °°°srss Iii 1 �� 'X0.4 ,"•"C^,` ��',Wt—r1 v.rc �'r`11 �e �:;'ETIWANDA e5•GEO1 _ � •' .5�-,°� •1 q p JESSIE CI - 1�WRNE OP (� 1�\J _ ry,,ya\ �l `v.•w A p! y� �A q g�A p �I �10q�'x.=1G1r21� $ll=J LI `L IIh'—', 'oR�� .-594q_D�LfAiDCE Dfl ��9 VV C'f YV wJ 2iffi ��REOW09�00NJ � '1","71; a TDGAND'DR- -6UIrDR—. I�—I ITS r-Of' IL.1L�l PpyEyEJ.� ':: 3 AAY[a ;HOLLOW TREE DA e PROJECT SITE ! DwMRx�19 - x.�' ,. BROOKFIf DOA g WI NV m T �I x ` t I I5DN P°7Yft ,FARRNC_DNST �LLIJL .' rRANCHO'CUCAMONGA AAero h e �• "'l-1 KDa// ( I� 2 � [�GRAPELAND I I _ICI uxs�nEDR/5 CENTRAL PARK ` t L I f 'te\S` � 1— ._. ¢I I RMADLR• rclT 6 I nq✓(/6 I ! \�\, "I CRAIG DRj r BNnuHmm BROKEN N:. ytlLJe�IL' }Lg�el I '`"u.�'"�Its;J'I .�.o....,... -#°i���� ' w GILI, 1,°,s, •SE;'4;:a LINE •- `RD-rT3901 BNAPJ TA ,` A a maTR 1 1 113D0 '' I PR`r,,, i AWrEND111 H.'imtxou® _ ,STUN IWE`g 1 ,e a,i iix ' 10ELEBRATION OR Y HISTORIC - `'' - L.-..: 1201b U�y}•„•.o A/± .- r� y r- I E CORRESPONDCE PL vpp°1`l � ir((r� rrE�y��II JMONTGAMEIVOR WINE MUSEUM tQ ✓•' PALONNAIDE3 OR RILEY CT IL—� ZINN E71 §1I AN y r zAT0.YECq g •^LIT �� l �AAUTLE9GE CT ..LL., e' C �,/ 3.,M rAwTa k� T, "lIO EOABS°' I3 ) 'ATARKILERCT vM,IG ¢�''K'�� I SLOSNCDR EGANC•IR_CIS .,� � � /RAPENNE S 0 S B LOCKS GTON PL \'Memr` s, .:•. Q /1 'TLOCKEPI. M I ›. rK 1 \C�(� 1. , .. „ SE/ g/^ � 5 $ ;B CONTINENTALPL ,HERITAGE CI N pFR' M� I� ...•k.--! `,� <` 4 ?! 4YV -•II-IG _ ;9DUKAURYPL Q II.q. �. �.' WOOOaiVSE Li• �•s m' • Cam,.I; ,''�• �,T c 10 RHODE ISLANDCTp yFSI Y� :ARTHOLDW DR �.' I ,�I p /�COY01 E .. I PAW. 0/.. \ (T Pt PALO LIDS .I I NEW ENGLAN0 pR IiS,7IfL-�� /' Y�"`" t 1", ,D'M1 / 'r` .✓iTTERR Tamil C Rurl Rwgp`DR� a /11.--.E j:.' ___ .---r�I _ _ 1 /_ Oav; VISTA _ �r c1 MW" -._mmsEWODO DR C a _ IiDNS:ME / . 1t1 lik".% •r'RMOQ rc LLDVALE ti 4t'NT.� 11133��� ,0 ,O X2.1 I-���/�/"',' �..�/. �I G�+��� -J y/ `�'�ARAi A O�IO�FEHNTL�' S'_ Aj[RARDON QIIAT ,51 �PENiO Oq G�IlIYD.� �= AI-IJl NS L_[I �HI FLO DR o,, ����t,, I L- �KPi re4,� tRiNC MOUNTAIN I' 9J UUUnnn���lii 1 1 Y w, NFIf'. `,k :"Y j [1I In_.ORA,VAr' `,' a ALbEli I,NLq I o flT ,�I $H / `-�' �(J f fI r`OIEWOQ sr RYCR4ENIP /MJ /SILVER ROSE e..I'. NTH OJ 11 - N OR' `0 ..`G 9 N�lREs�t• I COVINGTON PL . f,5Il�if ""° = zl �1 e+e` I` J .1PESi0NE 0R SER^ �ma Db-guy/ 2CHESTERTON DR s I , CHURCH ST,:. r tl'+ -..� I "":4'..- .„6 „,,,, `31r —n It--,.t M" s ]CLARIOGE ft \�QIIN e S 6•._ J n we v,.L1EY✓I AEI' � 1 `!LWCASTERWY \\F�wA L .-1 CULTURAL CENTEfl DR =s MIIIffl AVER • iPR D�I I. 51gLUWAYRO \�4 P.' e•JEA a W ' I L VICTORIA GARDENS GASyv Gr s �.L,y I I ^_OREENWnF MIL1 KEN I HEM s ' •rr/j� \�I�� -PARK "PARK' S/ '-- f NORTH MAIN ST 1 TMAHN �• `rp HtA.� V�j/ 2 �- IA5BffQ19�11 8 \ " 'T I c�-A COYOTE JQ c ,�,�1 �- . S' y" �_111hBFL_I WESl1NGlDR vIAV'NFTSDT m CANYON a T __C.A. .i;, �j�p��\'RF (�J/ pgwl 1- sOUTHMAIN hT - BAq ERA �\ i C \ i G/' .^..��,,:, LFFEENST,_ 4:'•;S' d 3 ,, OFAlr, E i�OR �(6' ._.GIO+FSFOA �� RALPHM \A' \ � �� BETS, VERSAILLfsEqq CHERVIL ST i LGeeA `� ` LEWISPARK,��l ` 1ROCKINGHAM CT . BTAEEpR 1S1 .�.3 J G f'� 2 BLACK HORSE CT VICTOflI RANCHO S PDTDAac n I � •'' 4YORKTOWN CT LNERWI Si 'I O MEDICAL . 5 CEDARBROOK PL Al I • : - CENTER g /y - II HISTORIC ' FOO �r�n�VFi�ic� IIY FOOTHILL - YIN L3/4 `4 -0 1 _ol CRO-,-.: - CHESTNLI7 AVE �'y $EAA$TIAN WAY < • IIW AVE \ 1� ` LENJLM� 'FOOTHILL MARKETPLACE I HERITAGE IL NTURY�SS� EPICENTER" . HOSPITAL ^(y ` I��j • vCQE.9ffCH OR 'RANCHO - �l__. —.__ CUCAMON _____._ ADULT SPO S ' a COMPLEX JI I 2 Io _ `�ANIMAC ,�,i,° ARR r lion _As SHELTER ..40 EDISONCT' I r T-7, �iJpCOMACi r • ..WII iI BELL LT m k•., . , I Z l `0 Ip i jJBBU D ______—/ �'—� hQ, I I- WHITMAN AVE J,_ --'1•®oration M I , •Metrolink '� IK TRAIN . Station i/ F77-1 I a .( • • I NAPA -a • ��$,, - PARK�' • it a,P.' .'`Y J .tNEW�"DR DAYTON ST I ._.:t5 • �% I E I /� JSIIN RD.• J. � �rrvslll 6 I6THST• _ 6TH sr EXHIBIT A = 4 . _ •\ SRN MARINil) ' d m T,,. ::., 'I o • 11 w • DESIGN REVIEW COMMENTS 7:20 p.m. Mike Smith January 5, 2010 TENTATIVE PARCEL MAP SUBTPM19225 - ETIWANDA GARDENS - A proposal to subdivide a parcel of approximately 428,000 square feet (9.8 acres) that is mostly developed with a banquet/reception facility of approximately 30,000 square feet into two parcels of 2.07 and 7.8 acres in the Office Professional (OP) District, Etiwanda Specific Plan located at 7576 Etiwanda Avenue - APN: 0227-171-10. To the east, north, and south of the project site are single-family residences; to the west it is vacant The zoning of the property is Office Professional (OP) District, Etiwanda Specific Plan. The properties to the north and east are zoned Low-Medium (LM) Residential District, Etiwanda Specific Plan. The properties to the south and west are zoned Mixed-Use (MU) Residential District, Victoria Arbors Master Plan. The property has street frontage along Etiwanda Avenue, Long Meadow Drive, and Victoria Park Lane. The only access to the site is via a driveway at Etiwanda Avenue. The subject property is generally level with a southwesterly slope; the elevations at the highest point on the site are along the north property line and the lowest point on the site south sides are about 1,273 feet and 1,260 feet, respectively. The applicant proposes to subdivide the property in to two (2) parcels of 90,169 square feet (2.07 acres) and 339,768 square feet (7.8 acres), respectively. The new lot line between the two parcels will separate the developed and undeveloped areas of the site. The chapel, banquet facility, offices, and other associated improvements will be on the larger 7.8-acre remainder parcel. The subdivision will not require any significant changes to existing improvements. Although the applicant has provided a conceptual plan to illustrate a potential site layout for an office building on the smaller parcel, it is not el applicant's intention to develop the property. Following the subdivision, Parcel 1 will have dimensions of 273 feet (east to west) and 330 feet (north to south), while the remainder parcel will have dimensions of 1,035 feet (east to west) and_330.feet.(north to south). Parcel .1 will.have future access.to.a.public.street at Long Meadow Drive. Although the new parcel will have street frontage along Victoria Park Lane, there will be no direct access to that street because of a landscape maintenance area between the parcel and the street. Reciprocal access and corresponding easements between the properties will be provided as required by the Fire•Construction Services Department for emergency purposes. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior/Secondary Issues: None. Staff Recommendation: Staff recommends that the project be approved and forwarded to the Planning Commission for review and action. • Desian Review Committee Action: • The Committee recommends approval to the Planning Commission. The Committee reviewed and accepted the application as proposed with the understanding that any development on the site would be reviewed and acted upon at a later date by the Design Review Committee and Planning Commission. Members Present Munoz, Wimberly, Granger, Nicholson Staff Planner Mike Smith • EXHIBIT F .B_9 • RESOLUTION NO. 10-04 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19225(ETIWANDA GARDENS),A PROPOSAL TO SUBDIVIDE A PARCEL OF APPROXIMATELY 428,000 SQUARE FEET (9.8 ACRES) THAT IS MOSTLY DEVELOPED WITH A BANQUET/RECEPTION FACILITY OF APPROXIMATELY 30,000 SQUARE FEET INTO TWO PARCELS OF 2.07 AND 7.8 ACRES IN THE OFFICE PROFESSIONAL (OP) DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED AT 7576 ETIWANDA AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-171-10. A. Recitals. 1. Etiwanda Gardens filed an application for the issuance of Tentative Parcel Map SUBTPM19225, 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 10th day of February 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 February 10, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a partially developed rectangular parcel with an area of approximately 428,000 square feet (9.8 acres), located at the west side of Etiwanda Avenue approximately 900 feet north of Interstate 15 (1-15)at 7576 Etiwanda Avenue -APN: 0227-171-10. The overall dimensions of the site are approximately 1,310 feet (east to west) by approximately 330 feet (north to south); b. The parcel has street frontage along Etiwanda Avenue of 330 feet with additional street frontage along Long Meadow Drive of approximately 140 feet; c. The eastern 80 percent of the property is developed with a chapel, banquet facility, offices, and other associated improvements with access to a public.street at Etiwanda Avenue. The • remaining western 20 percent of the property is undeveloped; 13-10 PLANNING COMMISSION RESOLUTION NO. 10-04 • TENTATIVE PARCEL MAP SUBTPM19225 — ETIWANDA GARDENS February 10, 2010 Page 2 • d. To the east, north,and south of the project site are single-family residences;to the west is vacant; e. The applicant proposes to subdivide the property in to two (2) parcels of 90,169 square feet (2.07 acres) and 339,768 square feet (7.8 acres), respectively. The new lot line between the two parcels will separate the developed and undeveloped areas of the site. The chapel, banquet facility, offices, and other associated improvements will be on the larger 7.8 acre remainder parcel; f. The subdivision will not require any significant changes to existing improvements; g. Following the subdivision, Parcel 1 will have dimensions of 273 feet(east to west) and 330 feet (north to south), while the remainder parcel will have dimensions of 1,035 feet (east to west) and 330 feet (north to south). Parcel 1 will have future access to a public street at Long Meadow Drive; h. The applicant is not proposing any development on the new parcel; i. Any development on the site, including the compatibility of the development with the surrounding land uses and existing conditions, at a future date will require the submittal of a Development Review and/or Conditional Use Permit application for review and action by the Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. • 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 subdivision 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 proposed project is to subdivide the property into two parcels and is consistent with the development district of the project site. b. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. The proposed project is to subdivide the property into two parcels—no development of the site is proposed. c. The proposed subdivision complies with each of the applicable provisions of the Development Code and Etiwanda Specific Plan. The proposed subdivision meets all standards outlined in the Development Code and Etiwanda Specific Plan, and the design and development standards and policies of the Planning Commission and the City. 4. The Planning Department Staff has determined that the project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315—Minor Land Divisions-as the proposal is to subdivide the property into four parcels or less. Development of the site by the applicant is not proposed. 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. B-11 PLANNING COMMISSION RESOLUTION NO. 10-04 TENTATIVE PARCEL MAP SUBTPM19225 — ETIWANDA GARDENS February 10, 2010 • Page 3 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the subdivision into two(2)parcels of a property with an area of approximately 428,000 square feet (9.8 acres) in the Office Professional (OP) District, Etiwanda Specific Plan, at the west side of Etiwanda Avenue approximately 900 feet north of Interstate 15 (1-15), located at 7576 Etiwanda Avenue -APN: 0227-171-10. 2) 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. 3) Any proposal for development of the vacant parcel shall require the submittal of a Development Review and/or Conditional Use Permit application and applicable fees for review and action by the Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. 4) Development of the site shall comply with the standards applicable to the Office Professional (OP) District as described in the Etiwanda Specific Plan and the Development Code. Engineering Department 1) On the final Parcel Map provide a private drainage easement for the cross-lot private drainage facilities. Said facilities shall be installed prior to final map recordation. 2) Reciprocal emergency access easements shall be provided ensuring access to the Remainder Parcel and to Parcel 1 by CC&R's or by deeds and shall be recorded prior to, or concurrent with,the final parcel map. Alternatively and preferably, easements shall be shown and dedicated on the final map. 3) Reconfigure the right-angled intersection of Long Meadow Drive and Wild Horse Way to create a curved curb on the northeast corner, satisfactory to the City Engineer. The radius shall be a minimum of 25 feet to accommodate City street sweeping vehicles. A 63-foot radius preserves uniform street width, but the drive approach will influence the design. 4) An Improvement Certificate shall be placed on the final Parcel Map • stating that frontage improvements on Long Meadow Drive and extension of the storm drain lateral shall be completed upon development of Parcel 1. B-12 PLANNING COMMISSION RESOLUTION NO. 10-04 TENTATIVE PARCEL MAP SUBTPM19225— ETIWANDA GARDENS February 10, 2010 Page 4 • Building and Safety(Grading) Department 1) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. 2) Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 3) Prior to recording the parcel map, a non-category Water Quality Management Plan shall be submitted for review and approval by the Building Official. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF FEBRUARY 2010. 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 10th day of February 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • B-13 ' COMMUNITY DEVELOPMENT r N-74 t+s- DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM19225 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: ETIWANDA GARDENS LOCATION: 7576 ETIWANDA AVENUE; APN: 0227-171-10 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/ agents, officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 10-04, Standard / /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption -$50 X B. Time Limits 1. This tentative parcel map shall expire, unless extended by the Planning Commission, unless a _/_/_ complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. •-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\SUBTPM19225 StdCond 2-10.doc B-14 Project No. SUBTPM19225. Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include / /_• site plans, architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / /_ of Approval shall be completed to the satisfaction of the Planning Director. 3. 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. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / /_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all ! /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, —/ /- FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) D. General Requirements -/-/- 1. Submit five complete sets of plans including the following: / /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; • f. Plumbing and Sewer Plans, including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and. g. Planning Department Project Number (i.e., SUBTPM19225), clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTPM19225 StdCond 2-10.doc B-15 • Project No. SUBTPM19225 Completion Date 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. • 4. Separate permits are required for fencing and/or walls. _/_/_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the /_/_ Building and Safety Department. / / E. Site Development --- 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., SUBTPM19225). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public /_/_ counter). / /_ New Structures • 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ 3. Provide draft stops in attic areas. _/_/_ 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 5. Openings in exterior walls shall be protected in accordance with CBC. _/_/_ 6. Upon tenant improvement plan check submittal, additional requirements may be needed. / / G. Grading --- SEE ATTACHED /—/— • • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTPM19225 StdCond 2-10.doc- . • B-16 Project No.SUBTPM19225 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT, (909)477-2740, —/—/— FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. Dedication and Vehicular Access —/ / • 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, _/_/_ community trails, public paseos, public landscape areas,street trees,traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. Street Improvements —/ /— 1. All public improvements(interior streets,drainage facilities,community trails, paseos,landscaped _/_/ areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter,AC pavement,, drive approaches, sidewalks, street lights, and street trees. 2, Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source _/_/_ of energy,fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except:that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and • maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. / / J. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the /_/_ property from adjacent areas. / / K. Improvement Completion --- 1. If the required public improvements are not completed prior to approval of the final parcel map, / /_ an improvement certificate shall be placed upon the final parcel map, stating that they will be completed upon development for: PARCEL 1. / / L. Utilities --- 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, / /_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 4 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTPM19225 StdCond 2-10.doc B-17 • - Project No. SUBTPM19225 Completion Date 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from • the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. _/_/_ Approval of the final parcel map will be subject to any requirements that may be received from them. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION —/ /- PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • SEE ATTACHED —/ /- • • • • 5 \PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTPM19225 StdCond 2-10.doc • • B-18 t . City of Rancho Cucamonga SUBTPM19225 Building &Safety Department 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 • T: (909) 477-2710 F: (909) 477-2711 GRADING COMMITTEE PROJECT REPORT& RECOMMENDED CONDITIONS Project No.: SUBTPM19225 Type: Lot Split Location: Etiwanda Gardens Planning Department: MIKE SMITH APN: 0227-171-10 Meeting Date: January 5, 2010 By: Matthew Addington Acceptable for Planning Commission: Yes: xxx No: If NO, see COMMENTS below: PRELIMINARY: GRC: January 5, 2010 By: Matthew Addington FINAL: PC Meeting: By: Note: Building and Safety— Grading will review and comment on future submittals for this project. • A. STANDARD CONDITIONS - Standard Building and Safety - Grading and Planning Department standard conditions for Grading and Drainage Plans. 1. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports • shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures • and place a dust control sign on the project site prior to the issuance of a grading permit. • I:\PLANNING\FINAL\PLNGCOMM\2010 Res&Stf Rpt\SUBTPM19225 Grading Conditions 2-10.doo 1 of R-19 SiA City of Rancho Cucamonga SUBTPM19225 . - i Building & Safety Department * 10500 Civic Center Dr. -r- et Rancho Cucamonga, CA 91730 J T: (909) 477-2710 F: (909) 477-2711 • 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage • shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 10. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance letter(s)from adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) & shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a grading permit. 11. It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct wall on property line or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 12. The Final Grading and Drainage Plan shall show the accessibility path from the public right of way,and the accessibility parking stalls to the building doors in conformance with • . the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations and dimensions and comply with the current adopted California Building Code. 13. The Grading and Drainage Plan shall Implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 14. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 15. Private sewer, water and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 16. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 17. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 18. The final grading and drainage plan shall show existing topography a minimum of 100- feet beyond project boundary. • I:\PLANNING\FINAL\PLNGCOMM\2010 Res&Stf Rpt\SUBTPM19225 Grading Conditions 2-10.doc 2 of 4 B-20 City of Rancho Cucamonga SUBTPM19225 rBuilding & Safety Department 10500 Civic Center Dr. ra Rancho Cucamong • a, CA 91730 1: (909)477-2710 F: (909)477-2711 19. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 20. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 21. Grading Inspections: a. Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre- grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: 1) The bottom of the over-excavation; • 2) Completion of Rough Grading, prior to issuance of the building permit; 3) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; • 4) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. B. SPECIAL CONDITIONS 1. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. 2. Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 3. Prior to recording the parcel map, a non-category Water Quality Management Plan shall • be submitted for review and approval by the Building Official. I:\PLANNING\FINAL\PLNGCOMM\2010 Res&St(Rpt\SUBTPM19225 Grading Conditions 2-10.doc 3 of 4 6-21 - City of Rancho Cucamonga SUBTPM19225 °;: `e ash Building & Safety Department . 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 ^ i T: (909)477-2710 F: (909) 477-2711 • C. WATER QUALITY MANAGEMENT PLAN 1. A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to recordation of the parcel map. • • I:\PLANNING\FINAL\PLNGCOMM\2010 Res&Stf Rpt\SUBTPM19225 Grading Conditions 2-10.doc 4 of 4 B-22 0,.0(4, Rancho Cucamonga Fire Protection 9 �� � 4', District FARE •;:, Fire Construction Services STANDARD CONDITIONS October 15, 2009 The Gardens LLC West of 7576 Etiwanda SUBTPM19225 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be • access on the web at http://www.ci.rancho-cucamonqa.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: • a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow • 1. The required fire flow for this will be calculated in gallons per minute at a minimum • residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix, as adopted by the Fire District Ordinances. 2. The required minimum fire flow for this project, when automatic fire sprinklers are installed maybe reduced by 50-percent. This requirement is made in accordance with the California Fire Code Apperf23x, as adopted by the Fire District Ordinances. • 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Fire protection water plans are required for all projects that must extend the existing • water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings as required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler system to be installed. FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The 2007 California Building Code, the RCFPD Fire Alarm Standard, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be • monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard. I. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. • f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. B-24 2 h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be • allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 • feet. e. Manual gates must be equipped with a RCFPD lock. The lock must be purchased at the Fire Administration Office. f. .Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted • to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. B-25 3 a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). • FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • • Compressed Gases Public Assembly • Dry Cleaning Plants Refrigeration Systems • Explosive or Blasting Agents Repair Garages • Tents, Canopies and/or Air Supported Structures LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water • Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve 8264 the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement — Please provide a permanent access agreement • between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant — Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits. FCS-16 Access Easement- A blanket easement must be provided and recorded for emergency FD access to the property east of this proposed new parcel. Chronological Summary of RCFPD Standard Conditions • PRIOR TO ISSUANCE OF BUILDING PERMITS — 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall • inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. B-27 5 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is • responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. • • • 628 6 r . STAFF REPORT -- � , ; • PLANNING DEPARTMENT ,l Date: February 10, 2010 cRANCHO UCAMONGA To: Chairman and Members of the Planning Commission • From: James R. Troyer, AICP, Planning Director • By: Lois Schrader, Planning Commission Secretary Subject: REVIEW OF CONDITIONAL USE PERMIT DRC2007-00283R - EL LOCO CANTINA & GRILL - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11815 Foothill Boulevard - APN: 0229-011-38. Related file: Entertainment Permit DRC2007-00284. CONTINUED FROM JANUARY 13, 2010 •REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284R - EL LOCO CANTINA & GRILL - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Entertainment • Permit that allows live nightly entertainment and dancing within an existing restaurant. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11815 Foothill Boulevard - APN: 0229-011-38. CONTINUED FROM JANUARY 13, 2010 BACKGROUND: At the Planning Commission meeting of December 9, 2009, a memorandum from the Police Department was considered requesting a review of the business operation of El Loco Cantina & Grill. The Planning Commission subsequently voted in favor of initiating a review of the business operation and a hearing date of January 13, 2010 was set. At that meeting, it was determined that more time was needed to prepare for a thorough hearing of the business operation and related Entertainment Permit. The Planning Commission unanimously voted to continue the hearing to February 10, 2010. Because the public hearing remained open and was continued to a date specific, no additional advertising was necessary. On January 25, 2010 staff received a request from R. Bruce Evans (Attorney for Loco Cantina) for a continuance until the regular meeting of February 24, 2010. In summary, the request is for the purpose of allowing time to prepare for the meeting and to accommodate a family obligation. A copy of the request is attached for reference. RECOMMENDATION: Staff respectfully recommends a continuance of the hearing date to the regular meeting of February 24, 2010 at the request of the business owner's attorney. Respectfully submitted, James R. Troyer, AICP • "'Planning DirectorA Attachment: Exhibit A - Letter dated January 22, 2010 from R. Bruce Evans Items C & D f LAW OFFICES OF SOLOMON. SALTSMAN & JAMIESON CITY OF RANCHO CUCAMONGA A Partncrthip Including Professional Corporations • 426 CULVER BOULEVARD PLAYA DEL REY, CA 90293 JAN 2 5 2010 ' (310)822-9848 • FAX(310)822-3512 anuary 2. 2010 RECEIVED - PLANNING VIA FACSIMILE—909-477-2847 and U.S. MAIL 14r. James Troyer, ATCP Manning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: REQUEST CONTINUANCE OF FEBRUARY 10, 2010 BEARING SB Entertainment Ventures,Inc.—DBA: Loco Cantina & Grill 11815 Foothill Boulevard, Rancho Cucamonga, CA 91730 Conditional Use Permit DRC2007-00283 Entertainment Permit DRC2007-00284 Dear Mr. Troyer: • You previously requested the hearing date in this matter be continued from January 13, 2010 to February 10, 2010. I am respectfully requesting the hearing be continued to the next Planning Commission hearing on February 24, 2010. There is good cause for this request. First, I am waiting on documents T requested from the City and Sheriff's Department. My client needs these documents to adequately prepare for the hearing. Second, I have a family commitment the evening of February 10th • Thank you for your consideration. Please call me if you have any questions. -Very truly yours, SOLOMON SALTSM •N & JAMIESON R. BL C - VANS Cc: Client • • EXHIBIT A C & D _ 2 STAFF REPORT • • , PLANNING DEPARTMENT L- DATE: February 10, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Larry Henderson, AICP, Principal Planner SUBJECT: REVIEW OF NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2004-00326R - OMAHA JACKS - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11837 Foothill Boulevard, Suite A - APN: 0229-011-39. Related file: Entertainment Permit DRC2004-00327. Continued from January 13, 2010. REVIEW OF ENTERTAINMENT PERMIT REVIEW DRC2004-00327R — OMAHA JACKS - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or • modification of the approved Entertainment Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11837 Foothill Boulevard, Suite A - APN: 0229-011-39. Continued from January 13, 2010. BACKGROUND: A. Project History: • May 26, 2004, Conditional Use Permit DRC2004-00326 and Entertainment Permit DRC2004-00327 were approved by the Planning Commission (Exhibit A). • December 9, 2009, based on a request from the Sheriff's Department, the Planning Commission directed the permits to be set for Public Hearing review on January 13, 2010. • January 28, 2010, the Sheriff's Department, Planning Department staff, and the business owners met to discuss the operations at the subject location. Based on this meeting, a letter was received by the Planning Department from Omaha Jacks on February 1, 2010, summarizing the extent of the business owner's response to the • incidents that have happened at the location. A copy of this letter is attached for reference (Exhibit B) and the Sheriff's Department staff will respond orally at the Planning Commission hearing concerning this letter. • B. Police Incidents Sampling of incidents and the copies of the police reports are attached (Exhibit C) for the • subject location as follows: • Items E & F PLANNING COMMISSION•STAFF REPORT DRC2004-00326R AND DRC2004-00327R February 10, 2010 • Page 2 Report no. Date Description • DR # 110908714 07/16/09 Assault with a deadly weapon DR # 110910319 08/23/09 Assault with a deadly weapon DR# 110912343 10/11/09 Assault with a deadly weapon DR # 111000176 01/06/10 Assault with a deadly weapon DR # 111000618 01/15/10 DUI with injuries Also in summary, the following types and number of public safety incidents have been documented: Number Date • Type 7 1/19/08, 11/27/08, 7/16/09, 8/9/09, 8/23/09, 10/11/09, Assaults 10/25/09. 42 2006-2009 Disturbances/Fights 10 7/1/07, 8/14/07, 2/1/08, 3/3/08, 3/29/08, 3/30/08, 5/21/08, Drunk in Public 8/23/09, 10/2/09, 10/31/09 16 12/7/06, 3/6/08, 4/30/09, 5/1/09, 5/2/09, 5/9/09, 5/24/09, DUI • . 5/28/09, 5/31/09, 6/11/09, 6/12/09, 8/28/09, 8/29/09, 9/30/09, 10/22/09, 11/6/09 • 36 2006-2009 Miscellaneous Calls for Service 16 2007-2009 Fire Calls for Service C. Joint Inspection Results on December 15, 2009: The Building and Safety Department of the City of Rancho Cucamonga issued a Correction Notice for several items including ADA compliance, electrical, chained and locked exit doors, no permit for a Disc Jockey Booth, and inoperative exit signs (Exhibit D). D. Applicable Municipal Code Sections: The following Code Sections are relevant to the review of the Conditional Use Permit and the Entertainment Permit. Conditional Use Permit RCMC 17.04.030 - Conditional Use Permits G. Revisions/Modifications. Revisions or modifications of Conditional Use Permits can be requested by the applicant. Further, the Planning Commission may periodically review, modify, or revoke a Conditional Use Permit. 1. Revisions/Modifications by Applicant. A revision or modification to an approved • Conditional Use Permit such as, but not limited to, change in conditions, E & F - 2 PLANNING COMMISSION STAFF REPORT DRC2004-00326R AND DRC2004-00327R • February 10, 2010 Page 3 expansions, intensification, location, hours of operation, or change of ownership, may be requested by an applicant. Such request shall be processed as described in Sections 17.04.030-C through F. The applicant shall supply necessary information, as determined by the City, to indicate reasons for the requested change. 2. Periodic Review. The Planning Commission may periodically review any Conditional Use Permit to ensure that it is being operated in a manner consistent with Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. If, after review, the Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. 3. Modification or Revocation. After setting a date for public hearing as described in Subsection 2 above, the City Planner shall notify the applicant and owners of the CUP in question. Such notice shall be sent by certified mail and shall state that the Commission will be reviewing the CUP for possible modification or revocation. It shall also state the date, time, and place of hearing. The public hearing shall be conducted and notice given in accordance with Section 17.02.110. The City Planner shall fully investigate the evidence and prepare a report for the Commission's consideration. Upon conclusion of the public hearing, the Commission shall render a decision to do one of the following measures: If the • Planning Commission either modifies or revokes a CUP, then they shall state reasons for such action within the resolution. a. Find that the CUP is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or, b. Find that the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary; or, • c. Find that the CUP is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revoke the permit, which requires the operation to cease and desist in the time allotted by the Commission. H. New Applications Following Denial or Revocation. Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial or revocation. (Ord. 528 § 7, 1994; Ord. 211 § 6 (part), 1983) Entertainment Permit RCMC 5.12.100 - Suspension or revocation of permit. • E & F - 3 • PLANNING COMMISSION STAFF REPORT DRC2004-00326R AND DRC2004-00327R February 10, 2010 • Page 4 A. After notice and hearing, the Planning Commission may suspend or revoke any permit granted pursuant to this chapter if said commission finds and determines that any permittee, his agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial authority of, • or on behalf of, the permittee or any entertainer acting under the authority of such permit: 1. Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or 2. Violated any provision of this chapter, or of any statute, ordinance, or condition relating to his permitted activity; or 3. Is convicted of a felony, or any crime involving moral turpitude; or 4. Violated any rules, regulations or conditions adopted by the Planning Commission or City Council relating to the permittee's business or permit; or 5. Conducted a permitted business in a manner contrary to the peace, health, safety and • general welfare of the public; or 6. Demonstrated that he/she is unfit to be trusted with the privileges granted by such a permit. B. The decision of the Planning Commission shall be set forth in a resolution which shall be • adopted within thirty days of the date of such decision and shall be final unless appealed in accordance with the provisions of Section 17.02.0808 of the Rancho Cucamonga Municipal Code. (Ord. 290 § 1 (part), 1986 ANALYSIS: • A. General: The information provided by the Sheriff's Department including the Public Safety Incidents previously summarized in this Staff Report further document that on November 29, 2009, (Wedneday) the Entertainment Permit was violated by operating after 10 p.m.; customers were there until 26 minutes after midnight (see attached copy for reference, Case No. 110914362 {Exhibit C}). The information gathered clearly establishes the subject business has been operating out of compliance with both the Conditional Use and Entertainment Permits. B. Environmental Assessment: • When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The original building operated as a restaurant. E & F - 4 PLANNING COMMISSION STAFF REPORT • DRC2004-00326R AND DRC2004-00327R • February 10, 2010 Page 5 FACTS FOR FINDING: Conditional Use Permit • The evidence proves that; 1. Customers are being served alcoholic beverages after allowed hours and; 2. The Public Safety Records demonstrate that the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public; and 3. "No Loitering Signs" have not been posted as required. 4. The business failed to comply with Conditions of Approval or applicable City Ordinances as required under Condition Number 14 of Planning Commission Resolution No. 04-64 (Exhibit A) as noted in the Building and Safety Department Correction Notice (Exhibit D). Entertainment Permit • The evidence proves that; • 1. "No Loitering Signs" have not been posted as required and; 2. The Public Safety Records demonstrate the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public; and 3. The overall record of documentation demonstrates that the applicant is unfit to be trusted with the privileges granted by such a permit. 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: Although there is evidence to revoke both the Conditional Use Permit and Entertainment Permit, staff recommends Revocation of the Entertainment Permit by adoption of the attached Resolution only at this time. Additionally, and by minute action, staff recommends the review of the Conditional Use Permit for up to 90 days. Staff believes this will allow time for the business to come into reasonable compliance with the Conditions of Approval for the existing Conditional Use Permit. Respectfully submitted, t Jam R. Troyer, AICP • Pla ing Director E & F - 5 PLANNING COMMISSION STAFF REPORT DRC2004-00326R AND DRC2004-00327R February 10, 2010 • Page 6 JRT:LH/ge Attachments: Exhibit A - May 26, 2004, DRC2004-00326 Conditional Use Permit and • DRC2004-00327 Entertainment Permit Staff Report and Resolutions 04-64 and 04-65. Exhibit B - February 1, 2010, Omaha Jack's Letter Exhibit C - Police Incident Reports Exhibit D - December 15, 2009, Building and Safety Department of the City of Rancho Cucamonga Correction Notice Draft Resolution for Revocation of Entertainment Permit DRC2004-00327 • • • • E & F - 6 ' 1 • a* T H E C I T Y O F Rancho Cucamonga Staff Report DATE: May 26, 2004 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Ruben Warren, Planning Technician SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT - DRC2004-00326 - OMAHA JACKS - A request to reestablish a full service restaurant with ba'r and microbrewery within a 8,794 square foot space in the Industrial Park District (Subarea 7), located in Masi Plaza at 11837 Foothill Boulevard, Suite A - APN: 0229-011-39. • ENTERTAINMENT PERMIT - DRC2004-00327 - OMAHA JACKS - A request for entertainment including live music at a full service restaurant with bar and microbrewery within a 8,794 square foot (former) restaurant (with previous bar and entertainment) in the Industrial Park District (Subarea 7), located in Masi Plaza at 11837 Foothill Boulevard, Suite A - APN: 0229-011-39. BACKGROUND: On July 22, 1998, the Planning Commission approved Conditional Use Permit 98-11 allowing the establishment of Compass Creek Restaurant & Brewery, a bar and microbrewery, in 8,700 square feet within Building 5 of a 24 acre planned, mixed-use center. Entertainment Permit 98-03 was also approved at the same time allowing live bands in conjunction with the full service restaurant. In August of 2003, the business ceased operation and the space has been vacant since then. Recently, Omaha Jacks leased the facility and proposes to reestablish a restaurant and bar with microbrewery and entertainment. ANALYSIS: A. Proposed Use: According to the applicant, Omaha Jacks is an American Style steakhouse and microbrewery and they offer entertainment. The unique feature is that their microbrewery will provide minor sales of beer to local outlets. The proposed hours of operation for the restaurant and the outdoor seating are between 11:00 a.m. and 10:00 p.m. The proposed hours of operation for the bar and the lounge are between 11:00 a.m. and 2:00 a.m. The proposed days and hours of entertainment are Thursday through Saturday between 10:00 p.m. and 2:00 a.m. The types of entertainment they offer will include karaoke, live bands, and dancing. Because the dance area is less than 150 • square feet, a security guard is not required. However the applicant stated that the exterior security is being provided by the owner of Masi Plaza between the hours of 4:30 p.m. and 8:00 a.m. daily. EXHIBIT A E & F - 7 I • • PLANNING COMMISSION STAFF REPORT . DRC2004-00326 AND DRC2004-00327— OMAHA JACKS • • MAY 26, 2004 Page 2 B. Regulations: Because the previous business with the approved Conditional Use Permit has ceased operation for more than 180 days, a new Conditional Use Permit is required. An Entertainment Permit is issued to the owner of the business; therefore, a new Entertainment Permit is required of the new business owner. C. Land Use Compatibility: The City's experience indicates that the management team is crucial to the successful operation of entertainment in a manner that is compatible with surrounding businesses and in compliance with laws. The applicant has not indicated any previous experience with the operation and management of a bar or entertainment. The Masi Plaza is a mixed-use center of approximately 153,000 square feet which houses retail, food, and auto services. The commercial businesses include: Denny's, a dental office, a florist shop, a liquor/mini-market store, retail and service businesses, and a fitness center. Based upon absence of any disturbances or conflicts of the previous restaurant-bar-brewery and live entertainment enterprise and the mixed-use nature of the center, staff believes that the proposed operation would not create any new conflict with the existing uses. Rather, the proposed use would complement other businesses within the center. D. Parking: The 153,000 square foot mixed-use center with its food uses, fitness center, and retail and service businesses requires 870 parking spaces. The number of parking spaces • provided is 877 (Exhibit "D"). The site has sufficient parking spaces to accommodate the use. No additional parking is required. • E. Environmental Assessment: The application is exempt per Section 15301 of the California Environmental Quality Act. CORRESPONDANCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property posted, and notices were mailed to all property owners within a 300-radius of the project site. • RECOMMENDATION: Staff recommends approval of Conditional Use Permit DRC2004-00326 and Entertainment Permit DRC2004-00327 through the adoption of the attached Resolutions of Approval with Conditions. Respe •. Ily subs' Br-. Bu er City Planner BB:RW/ma Attachments: Exhibit "A"- Letters from the Applicant Exhibit "B"- Site Plan Exhibit "C"- Floor Plan Exhibit "D"- Information Sheet and Parking Calculation Exhibit "E"- Entertainment Permit Application • Draft Resolution of Approval for Conditional Use Permit DRC2004-00326 • Draft Resolution of Approval for Entertainment Permit DRC2004-00327 E & F - 8 J c1-00(4 -0 ° 32-7 • Omaha Jacks Steakhouse and Brewery is an American-Style Steakhouse and Micro Brewery. The main attraction at Omaha Jacks will be the restaurant and the high quality meals that we serve. The restaurant includes a Micro Brewery that will produce high quality beer to be served to the restaurant guests, and at local outlets. The restaurant will be open daily from 11:00a.m to 10:00p.m. Omaha Jacks also has a bar and lounge area that will be utilized from 10:OOp.m until 2:00a.m, Thursday through Saturday nights. This bar and lounge area will incorporate entertainment that will range from Karaoke to live local entertainment. Omaha Jacks will Employ approximately forty Employee's, with a maximum of twenty working during peak hours. We are requesting this entertainment permit in order to utilize the existing bar and lounge area of the restaurant. • Exhibit "A" erf Pc Riot- S`/zG/o`q • E & F - 9 • SECURITY PLAN The Management of Omaha Jacks will continually police the interior areas of the Restaurant on a daily basis. All Employees' will be trained on how to deal with, and how to identify potentially volatile situations. All Employees' will also be trained on how to properly handle potential robberies,and the proper way to contact the authorities in case a need arises. All exterior security will be provided by the shopping center. Exterior security is currently in place; and covers the hours between 4:30p.m and 8:00a.m. • • • E & F - 10 • INFORMATION SHEET FILE NO: CONDITIONAL USE PERMIT DRC2004-00326 ENTERTAINMENT PERMIT DRC2004-00327 APPLICANT: OMAHA JACKS LOCATION: 11837 Foothill Boulevard, Unit A FLOOR AREA: 8,794 square feet LAND USE CLASSIFICATION: Restaurant with bar selling distilled spirits and brewery EXISTING ZONING: Industrial Park District (Subarea 7 of the Industrial Area Specific Plan) EXISTING LAND USE: Commercial Center GENERAL PLAN DESIGI \TION: General Commercial a. ADJACENT ZONING/LAND USE: ZONING LAND USE • North: Community Commercial District Developed commercial center South: General Industerial District (Subarea 8) Quakes Stadium and sports complex East: Industrial Park District (Subarea 7) Single-family home and vacant West: Industrial Park District (Subarea 7) Partially developed commercial center SITE DESCRIPTION: The site is within Masi Plaza. The proposed business is in Unit A of Building 5. SITE SIZE: Masi Plaza is a multi-phased 24-acre mixed-use center. Gt E & F - 14 • PARKING CALCULATIONS: Use Sq. Footage Parking Ratio Parking Required Food Uses (15%) 22,500 5/1000 112.5 Food Uses (exceedsl5%) 7,360 10/1000 73.6 Fitness Center 42,000 6.6/1000 277.2 Retail/Service/Office 81340 5/1000 406.7 TOTAL 153,200 870. PARKING SPACES PROVIDED: 877 PARKING SPACES PROVIDED BY TOTAL SQUARE FOOTAGE Lot No. of Stalls Bldg. Sq. Footage 3 49 2,700 4 67 10,600 5 42 13,700 6 48 4,900 7 30 7,800 11 226 42,000 • 12 83 14,400 13 101 20,700 14 44 12,000 . . . 15 53 11,400 16A 66 13,000 16B (overflow lot) 68 0 TOTAL 877 153,200 PARKING RATIO: 5.72 stalls per thousand square feet. • E & F - 15 APPLICATION FOR AN • ENTERTAINMENT PERMIT • City of Rancho Cucamonga Planning Division (909)477-2750 Please check if this submittal is for a: .'New Application or ❑ Annual Renewal Application Procedure This Entertainment Permit application shall be completed and submitted. Planning staff will evaluate the completeness and accuracy of the information submitted. The City Planner shall determine if the permit complies with each of the City's Codes and Ordinances prior to scheduling the project for Planning Commission consideration. Applicants for Entertainment Permits shall complete the following questionnaire: 1. Information about the applicant(s): 12owa% L. VAt.sotKslit OAKS__ \c,HACL_- S. �e_C.wrz-n\q Name Name o i h Da o col Security Number - Social Security Number ifomia Driver's License No. California Driver's License No. �III� St a Address Stree Address' , tate, & ip . Ci y,-State & Zip um er one Number 2. The proposed and/or current name of the business: icy • Entpe ' Pc g t A IA a Page 1 of 3 E & F - 16 3. The name, date of birth;Social Security Number, California Driver's License Number, address, and • phone number of all'persons responsible for the management or supervision of applicant's business and of any entertainment and provide the following information about each one: !- PA j _4_ . Name Name Date of Birth Date of Birth Social Security Number Social Security Number California Driver's License No. California Driver's License No. Street Address Street Address City, State, and Zip City, State, and Zip Phone Number Phone Number • 4. Business address and legal description (Assessor's Parcel Number)where the entertainment will be offered: I183`l C \�ktL� tL unc t K Street Address ' Le- kk 5 t 13i3VS- &ock)3t6-33l1 Assessor's Parcel Number Phone Number 5. A detailed description of the proposed entertainment, including type of entertainment, and number of persons engaged in the entertainment (may attach separate sheets if necessary): Ka k nr .1 o ,r c.A-vua.c cc- (. y(_ 3R S w. tcV• C.9 AC`t aC rfa Foss- VRt.1C1tJ.G- 6. The date or days of the week,hours, and location of entertainment(attach floor plan)and the admission fee, if any, to be charged: --nitv2 - c2\ — SAT - °130 Pt•A - Zoo AM Ar 1183-I I\ '-c.07 • TZorksceco iiC r w.ov.o,0. A \ i 30 • Entpermt-1/99 Page 2 of 3 • E & F - 17 7. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such • business: 1 \_ • Sic-v�ouS-2 b-cwQn.y- . 8. Whether or not the applicant or any person responsible for the management or supervision of applicant's business has been,within the previous ten years, convicted of a crime, the nature of such offense; and the sentence received therefor including conditions of parole or probation, if any: 9. Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: tsot4 • toe, Signature of Applicant(s): �_ ;_` -A / i4 Please print name(s): Vi3-hC\Sh „ 1 'A y Date: 312.(10 L Permit Fees: New Application ' $571 - Annual Renewal ' $75 Any false, misleading, or fraudulent statement of material fact in the required application shall be grounds for denial of the application for an entertainment permit. • Entpermt- 1/99 Page 3 of 3 E & F - 18 • RESOLUTION NO. 04-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2004-00326, A REQUEST TO ESTABLISH A FULL SERVICE RESTAURANT WITH BAR AND MICROBREWERY WITHIN A 8,794 SQUARE FEET SPACE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0229-011-39. A. Recitals. 1. Omaha Jacks filed an application for the issuance of Conditional Use Permit DRC2004-00326, 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 26th day of May 2004, 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. The 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 the Commission during the above-referenced public hearing on May 26, 2004, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The application applies to property located at the southwest corner of Foothill Boulevard and Rochester Avenue, which is presently improved with a mixed-use center. b. The property to the north of the subject site is developed with a commercial center, the property to the south is the City's Epicenter/Sports Complex, the property to the east contains a single-family home and undeveloped land around it, and the property to the west is partially developed with a commercial center; and c. The property is designated Industrial Park (Subarea 7) in the Development Code. The proposed use, Omaha Jacks, is classified as a restaurant with a bar and entertainment, which is conditionally permitted in the Industrial Park District. d. The application contemplates the establishment of a bar serving distilled spirits • and a brewery. e. The proposed hours of operation for the bar are 11:00 a.m. to 2:00 a.m. E & F - 19 PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326—OMAHA JACKS • May 26, 2004 Page 2 f. The proposed use is compatible with the surrounding land uses and the site has sufficient parking spaces to accommodate the use. 3. Based upon the substantial evidence presented to the Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the 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; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The application, which contemplates operation of the proposed uses, complies with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. • 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning hereby approves the application, subject to each and every condition set • forth below: • Planning Division • 1) Approval is for an 8,794 square foot full service restaurant with outdoor seating, a bar, and microbrewery. Expansion or intensification of the bar or brewery shall require modification to the Conditional Use Permit. 2) Approval is granted for the establishment of a bar with the sale of alcoholic beverages for consumption on the premises when sold within a bona fide eating place. 3) Incidental sales of beer produced may be sold to local outlets. City business licenses and permits and/or licenses from other pertinent agencies are required. 4) Delivery trucks shall not impede traffic flow within the center or impact parking available to the general public. Parking, loading, and unloading along the main entry drive at the west side.of the building is prohibited. • 5) Hours of operation shall be limited to 10:00 a.m. to 12:00 a.m. • Sunday through Wednesday, and 10:00 a.m. to 2:00 a.m. Thursday through Saturday. E & F - 20 (. • PLANNING COMMISSION RESOLUTION NO. 04-64 • DRC2004-00326—OMAHA JACKS May 26, 2004 Page 3 6) The parking lot shall be posted "No Loitering" with letters not less than 1-inch in height on signs to the satisfaction of the City Planner and Sheriff's Department. 7) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 8) If the operation of the facility causes nuisance problems, the City Planner may require the applicant to implement a security personnel plan to mitigate the problem. A detailed security plan shall be submitted for City Planner and/or Planning Commission review and approval. 9) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program • No. 125 for Masi Plaza, and shall require review and approval by the City Planner prior to installation.. • 10) The placement of more than three coin operated amusement devices in the facility shall require a separate Conditional Use Permit for an arcade. 11) The facility shall be operated in conformance with the performance standards as defined in the Industrial Area Specific Plan including, but not limited to, noise levels. 12) 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. 13) The applicant shall process all necessary permits as required by the Department of Alcohol and Beverage Control and adhere to all conditions imposed by said Department. 14) Failure to comply with Conditions of Approval or applicable City Ordinances shall cause the suspension of the Conditional Use Permit and possible revocation of the Conditional Use Permit by the Planning Commission.• 15) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of 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 such E & F - 21 • PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326—OMAHA JACKS • May 26, 2004 Page 4 action, but such participation •shall not relieve applicant of his obligation under this condition. Fire District/Buildinq & Safety Division 1) Plans are required for any alterations to the building requiring a Building Permit. Please Submit to the Building & Safety Division for review and approval before demolition or construction. 2) A new Assembly Use Permit is required for the new owners. 3) Please submit a scaled and dimension floor plan to The Rancho Cucamonga Fire Protection District. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: Rich Macias, Chairman • Brad ecreta I, Brad Buller, Secretary to the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting held on the 26th day of May 2004. AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • E & F - 22 • RESOLUTION NO. 04-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2004-00327, A REQUEST FOR ENTERTAINMENT INCLUDING LIVE MUSIC AT A FULL SERVICE RESTAURANT WITH BAR AND MICROBREWERY WITHIN A 8,794 SQUARE FOOT (FORMER) RESTAURANT (WITH PREVIOUS BAR AND ENTERTAINMENT) IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0229-011-39. A. Recitals. 1. Omaha Jacks filed an application for the issuance of Entertainment Permit DRC2004-00327, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as °the application.' 2. On the 26th day of May 2004, 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. The 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 the City Planner during the above- referenced public hearing on May 26, 2004, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The application applies to property located at the southwest corner of Foothill Boulevard and Rochester Avenue, which is presently improved with a mixed-use center, including restaurants with bars serving distilled spirits; and b. The property to the north of the subject site is developed with a commercial center, the property to the south is the City's Epicenter/Sport Complex, the property to the east contains a single-family home and undeveloped land around it, and the property to the west is partially developed with a commercial center; and c. The property is designated Industrial Park (Subarea 7) in the Development Code; and • d. The proposed use, Omaha Jacks, is classified as a restaurant with a bar and entertainment, which is conditionally permitted in the Industrial Park District; and E & F - 23 PLANNING COMMISSION RESOLUTION NO. 04-65 DRC2004-00327—OMAHA JACKS • May 26, 2004 Page 2 e. The proposed use is compatible with the surrounding land uses; and f. The proposed entertainment consists of live bands and karaoke; and g. The proposed days and hours of entertainment are Thursday through Saturday between 10:00 p.m. to 2:00 a.m.; and h. There are sufficient parking spaces within Masi Plaza to accommodate the proposed uses. 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, the Commission hereby finds'and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and c. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for • which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years; and d. That granting the application would not create a public nuisance; and e. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. J 4. The Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings approves v s the application, subject to eachaand every condition above, the Commission hereby app Pp� 1 set forth below: Planning Division 1) This approval is contingent upon approval of Conditional Use Permit DRC2004-00326. • E & F - 24 PLANNING COMMISSION RESOLUTION NO. 04-65 • DRC2004-00327—OMAHA JACKS May 26, 2004 Page 3 2) This approval is for a five-member live band, and karaoke. Any change to the types of entertainment or the intensity of the entertainment shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Thursday through Saturday between 10:00 p.m. and 2:00 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 5) Entertainment shall be conducted inside the building. 6) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 7) Exterior noise levels shall not exceed 65dB during the hours of 7:00 a.m. to 10:00p.m. and 60dB during the hours from 10:00 p.m. to 7:00 a.m. • 8) Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for Tire Exit Only? 9) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 10) This permit shall be renewed annually by the applicant per Municipal Code Section 5,12.115. 11) If the operation of the facility causes nuisance problems, the City Planner may require the applicant to implement a security personnel plan to mitigate the problem. A detailed security plan shall be submitted for City Planner and/or Planning Commission review and approval. 12) The parking lot shall be posted "No Loitering" with letters not less than 1-inch in height on signs to the satisfaction of the City Planner and Sheriffs Department. 13) The applicant shall process all necessary permits as required by the • Department of Alcohol and Beverage Control and adhere to all conditions imposed by said Department. E & F - 25 PLANNING COMMISSION RESOLUTION NO.04-65 DRC2004-00327—OMAHA JACKS • May 26, 2004 Page 4 14) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program No. 125 for Masi Plaza, and shall require review and approval by the City Planner prior to installation. 15) 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. 16) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of 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 attomey'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 such action, but such participation shall not relieve applicant of his obligation under this condition. Fire District/Building and Safety Division 1) The maximum number of occupants shall not exceed Building and • Fire Codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Division. 2) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Marshall's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Are Protection District and the Building and Safety Division for review and approval, prior to issuance of building permits. The building shall be inspected for compliance, prior to occupancy. 3) Any modification to the approved plans after occupancy of the building may require additional review and/or permits trom the Rancho Cucamonga Fire Protection District and the Building and Safety Division. 6. The Secretary shall certify to the adoption of this Resolution. • E & F - 26 Y PLANNING COMMISSION RESOLUTION NO, 04-65 • . DRC2004-00327—OMAHA JACKS May 26, 2004 Page 5 APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ich Macias, Chairman ATTEST: :rad Bull= , eetary I, Brad Buller, Secretary to the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting held on the 26th day of May 2004. AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART • NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • E & F - 27 • ease do arse e; FES o 1 zo o N1NG To: Planning Department,Rancho Cucamonga Police DepartmenttECEtO From: Mike McCarthy,Ron VandenBroeke R Omaha Jack's Grillhouse&Brewery Re: January 28th Meeting Gentlemen, First of all,Ron and I would like to thank you for meeting with us on January 28`s. It was a pleasure to interact with this group,and the way you treated us with such respect and professionalism was greatly appreciated. Thank you. Ron and 1 opened Omaha Jack's almost 6 years ago. We are the original owners of this concept,and continue to operate it on a daily basis. When we originally opened Omaha Jack's, our desire was to develop a restaurant concept that served up great steaks, seafood, poultry and hand crafted beer in a Midwestern setting. Our plans were to develop operational standards and procedures,then open another unit within five years. • Ron and I have put all of our financial worth into this restaurant, and have about 50 employees that depend on us for their weekly paychecks. Omaha Jack's is a huge building that unfortunately has a huge rent attached to it. This building has a large area above the bar that doesn't really fit as a dinning area, but was perfect for entertainment, and this area needed to produce a revenue stream to pay for its share of the rent. Prior to opening, we sat in front of the Rancho Cucamonga Planning Commission and discussed our plans which included the desire to obtain a dance and entertainment permit. After this meeting, the Planning Commission granted us our dance,entertainment, and conditional use permits. In the 5+years that followed, our nightly activities have remained consistent, staying open until 2:00a.m seven clays per week. Our entertainment has included live classic rock bands,Karaoke,DJs,and open microphone nights to name a few. Ron and 1 are not your typical BAR owners,and have never desired to be in the BAR business. Both Ron and I are career restaurant guy's that have families,mortgages, college to pay for, and all the normal stuff that everyday people deal with. Our desire was never to create issues or mistrust within our community,nor to operate a business that was on the police radar. Our reputation is everything to us,and having a good relationship and reputation with the police department,the city officials,our neighbors and fellow business owners is very important to us. Actually, when we found out that we were labeled as a"Nuisance"it was very disarming and discouraging,as this is completely opposite of what we want to be known as. Anyhow, if the economic conditions ever turn around,and we open a second unit, we will be looking for a building with about 1/3"'less square footage,where we can operate without the need to be here past 11:00 at night,To be very blunt, if it wasn't for the Friday and Saturday late night segment of our business, we would have been forced to shutter our business last year,and • this is the only reason we do it. The economy, the restaurants at Victoria Garden's,the tight parking at our end of the center, and a lot of other factors have caused sales growth EXHIBIT B E & F - 28 to be discouraging,and we ended up putting a lot of effort into building out weekend late night segment. • As owner/operators, one of us is always in the building. Ron or 1 are always working on Friday and Saturday,staying until the building is closed and the parking lot is secured. In those 5+years,we have had a great relationship with the Rancho Cucamonga Police Department, and have had little to no issues requiring police intervention, Omaha Jack's has always had a reputation of providing an upbeat,fun environment, playing music that's upbeat and fun to dance to. Were not the place to go if you're interested in listening to rap,heavy metal or aggressive styles of music. Some things have changed in our shopping center,mainly with the opening of a bar/restaurant that seems to cater to a different customer,and this is where T believe the recent issues have risen up from. This other concept is much lower priced,and utilizes guest DJs from X- 103 radio station to drum up business. This philosophy has brought a lot of people from out of the area to the shopping center, purchasing cheep drinks and causing problems. Omaha Jack's is not a cheep place to go and drink,and we will never lower our pricing or standards to compete with another concept. Yes, I will admit,we had a four week period of time in September/October 2009 that after we closed, fights erupted in the parking lot. We have never had an issue inside the building that has warranted us calling the police, but during this four week period of time, people were clashing in the parking lot. Any time you have an environment where alcohol is being served,now and again the police will have to be called,but I truly feel that we have had a successful business that kept police involvement down to a minimum. After this four week period of issues,and prior to us knowing the police were getting frustrated, we instituted some operational changes that have kept the last three months • incident free. These changes were made because Ron and I were concerned about the problems that were taking place in our parking lot. As I mentioned,the last thing we ever wanted was to create a problem for our city,our neighbors or our police partners. When these issues reared their ugly head, we sat down and implemented some operational changes that have changed the environment and resolved our parking lot issues. Here is a list of the changes that we have implemented: • We have increased our security presence by 50%on Friday and Saturday nights from 9:30pm until 2:30am. We have security posted at the front door checking IDs, security posted on our Foothill patio, one at the top of our stairs heading to the dance area, one on the West side of the bar,one at the East side of the bar, and one roaming the parking lot. They are all connected to each other via two way radio. • We have put into place a strict dress code which includes the following rules: o No hats of any kind. o No jersey's, hooded sweat shirts,white t-shirts, tank tops, etc. o No sagging pants. o No gang tattoos o No gang attire • We have changed our"Last Call"procedures: o At 1:30am,the music slows down and"Last Call"is called. o At 1:35am, the lights are turned all the way up in the bar and the restaurant. o At 1:35am,the foothill patio is closed. • E & F - 29 o At 1:40am, the music is shut off,and our customers are informed by the • DJ that it's time to pay tabs and head out. The DJ announces that Denny's is open and right across the parking lot. o At I:40am,the closing owner is stationed by the exit door,thanking people for coming,shaking hands,and encouraging people to head to their cars and go home. o At this time,security is picking up drinks and encouraging our customers to head home. o Our goal is to clear the building by I:50am,and to then have all but one security person outside in the parking lot. o Signs posted at front door stating"Make a Cab Call". These changes have been implemented and over the last three months,police activity has been non existent. After meeting with all of you on January 28th,and because of your input, we have also changed our occupancy policy, and have lowered the number of people allowed into the building by 30%. This policy took place starting on Friday, January 29th, and enabled us to have more control over drink consumption and the overall environment in the building. We have also made it mandatory that all Bartenders and Cocktail servers attend the ABC LEADS class and the new program READS offered by the RC Police Department in effort to help servers recognize potential problems before they occur. At the meeting,the topic of us utilizing a DJ was brought up. To be honest with all of you, we had never made a differentiation between bands, DJs,karaoke or any other form of entertainment. We are totally at fault for bringing on a DJ,never having it enter into our minds that this change needed to be approved. We knew we had an entertainment • permit, and just didn't really see the difference. We have been utilizing the services of a DJ for quite some time now,making that change because we were not very happy with the results,or the type of crowds that bands were bringing in. With a band,there is no volume control,they only know about 45 songs, and they tend to bring in people that are not there to dance and have fun, Bands are also more expensive then DJs, but they aren't nearly as versatile. If a band is a classic rock band,they drive out the customer that isn't into classic rock. With a DJ, we have the ability to play whatever the customer wants to hear, and we also have the ability to lower the volume, slow down the tempo,and change the style of music to change the personality of the crowd. Moving forward,we will be talking to the Planning Commission about including DJs to our entertainment permit. Gentlemen,Ron and I want to do the right things,the right thing for the city, for the police, for our neighbors,and for our business. Ron and I are committed to providing a safe place for our Guests to enjoy a night out, and will do whatever it takes to ensure that a safe environment is attained. Ron and I are self'policing,and make weekly changes to our business plan based on things that happen the previous week. Again, we both thank you for taking the time to meet with us, and hope we're well on our way to healing the relationship that we may have damaged. Please don't hesitate to contact me if there are any other questions. Sincerely Mike McCarthy/Ron VandenBroeke • Omaha Jack's Grillhouse&Brewery E & F - 30 1 _ I 1510W111•■ERR(CRI) 1.CODE SECTIONHS 11379 2.CRIME DEFINITION 3.CASE NUMBER-STATION PC 245(A)(t) POSSESSION OF DRUGS FOR SALES; ADW HANDS (T ,I ERIE FS DEPARTMENT • M .110908714 UNTY OF BAN BERNARDINO,CA • Omer VC 23152 &FEET; DUI WORM CRIME REPORT 4.ASSIGNED MD-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME G.BEAT 7.REPORT 01ST. M0404 07/16/2009 02:11 07/16/2009 02:11 '02:11 RCOO6 8.OCCURRED DAYOF-WEEKMO-DAY.YEAR/TIME 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY THU 07/16/2009 02:10 07/16/2009 02:10 FOOTHILL X ROCHERSER,RANCHO CUCAMONGA CODES FOR BOXES 128 22 ARE: V • VICTIM W • WITNESS RP• REPORTING PARTY DC • DISCOVERED CRIME IP • INVOLVED PARTY ✓ 11.NAME:LAST.FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE V CONFIDENTIAL M15.OCCUPATION 15 RACE/SEX 17.AGE 18.DOB M-D-YR 19.BUSINESS ADDRESS-STREET-CITY-ZIP 20.BUSINESS PHONE W 21.NAME:LAST FIRST,MIDDLE(FIRM NAME IF BUSINESS) 22. 23 RESIDENCE ADORESSSTREETCITY-ZIP 24,RESIDENCE PHONE V CONFIDENTIAL E s 25.OCCUPATION 26.RACE/SEX '27.AGE 28.DOB M.D-YR 29.BUSINESS ADDRESS-STREET-CITY-ZIP 30.BUSINESS PHONE 8 31.SUSPECT NO.1 LAST,FIRST MIDDLE 32.RACEISEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37.EYES 36.DOD M-D-Y 39.ARRESTED 40.INTERVIEWED H/M 24 5'11" 285 BRO BRO 11/05/1984 EYES 0 NO E YES 0 NO S U 4. oc•.ncur-c ennPPSCSTRFET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS B .) 3, . . CDLND5210282 P 43.SUSPECT ND.2 I AST FIRST mIDDLE 44.RACE/SEX 45.AGE 46.HEIGHT 47,WEIGHT 48.HAIR 49.EYES 50.DOB M-O-Y 51.ARRESTED 52.INTERVIEWED E D E , . _ - . .. . H/M 24 5110" 220 BRO BRO 08/07/1984 E YES 0 NO E YES 0 No T S 53.RESIDENCE ADDRESS-STREET-CRY-2P 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS • CDL D3532314 55.CHECK IF MORE NAMES IN CONTINUATION YENO 60.ADOTTIONAL INFORMATION VICTIM OWITNESS ©OFFICER 12 OTHER I 57.PHYSICAL EVIDENCE RECOVERED YE©o NO M.PHOTOGRAPHS TAKEN YES ❑NO 59.LATENT PRINTS LIFTED ❑YES al NO VEHICLE BICOLOR 62.YR. 63.MAi(E 84.MODEL 5.BODY TYPE 66.LICENSE I67.5TATE 88.DAMAGE/ODDITY/ACCESSORIES V RED 2004 FORD SUV 4DR CA 69.ROBBERY WEAPON: ❑FIREARM OTHER DANGEROUS WEAPON LOCATION: HIGHWAY DOTHER BUSINESS 0 SEEN.STATION D CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE 0 RESIDENCE 0 BANK 0 MISC. 70.ASSAULTS WEAPON: 0 RREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE NO INJURY R TI.BURGLARY D NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE 0 RESIDENCE 0 VEHICLE M 0 UNKNOWN 0 ATTEMPT BY FORCE 0 NDN-RESIDENCEIBUILDING) E 72.LARCENY 0 PICKPDCET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT DR MACHINES 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE ❑ BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES 5 TV,STEREO,ETC. S CONSSUMMABLE GOODS S S 8 JEWELRY S FIREARMS S INESTOCK 3 T VALUES CLOTHING.FURS $ HOUSEHOLD GOODS S OTHER MISC. $ A 7 OFFICE EQUIPMENT 5 0 IDENTIFIABLE PROPERTY TAKEN NCIC ENTRY COMPLETED TOTAL 5 S 74.DOMESTIC VIOLENCE INJURIES 0 NONE 0 MINOR 0 MAJOR WEAPONS: D YES D NO 75.PEACE OFFICER ASSAULTED/ARSON 0 YES IF YES,COMPLETE BOXES 1.2.3,4.AND 34 OR 35 DN CR4 FORM, 76.SYNOPSIS The suspects and the victims were at Ohmaha Jacks when they started to argue with each other.evas tryin to get o leave with him as s her husband was nding next to her.�tried to grabb her breast but was pushed awa bye+ unche :r the lace and ✓ head-butted-The other suspects then joined in the fight,hitting anybody they could. �- - punched a the back of the head p knocking him to the ground.�husband,l�l t tried to protect her but was also knocked to the ground. Al that point Kicked and • P stomped.stompedliSthe head. When units arrived the suspects fled in their or with elldriving.Stried to run-down the people in the s parking-lot as he attempted to flee the scene. s `L APS RJWS STMT SCAN TJ.REPORTING OFFICER 78.EMP.II 79.DATE 80.REVIETiv DATE 81,ROUTED TO PITTS A6153 07/16/2009 �if?(/1I B SUBMIT TDFO ❑OTHER f MMEDIATE FOLLOW UP - .REPORTING OFFICER Crl vice nun EXHIBIT C E & F - 31 Gang Casea or IM I. eir of • SHERIFFS DEPARTMENT i' °d;` o f7 "17.1 i Wati i W.L... a' Basra}s1L� COUNTY OF SAN BERNARDINO,CA .••3 7,. . ;Y; ->"'>t1,; .; .p_m . ,?o y 03600 '1'rt.-nc`•-11 V N Sk:40fif �REPORT AREA /I• a •.r��d�n,4��}�4+'-.-#�'..,� c� zs!,: a,.a�a&a:•�srm-;.,:3i.aaFi.;aSy : �-.;. 'rS?; ;�af.C� � `isi : ,t P e,' >< e .'.-; 5�'°a;3'��'i'., ' Location ¢u- 7-3-lm Pro>,.GS'Sa l/44E_ ® VC23152A ❑ VC23152B Date/rime b7'16.2GCF( I 0216 ❑ VC23153A ❑ VC23153B Collision Related ❑ Yes ® No ❑Other mom,_. _..............:- ; -', 7 > ..`r ... 3f� War, ` '�'-•�°- nnmvszrexr« ee •�..;*'� �YF� 8a�s:A' �W;xi�@ :ii.> n !k'6tc!,-. . +n �. -.. .^.x. Last m.-- F•Rt Middle •e Date-of-Birth Hair w Drivers License 41 State Address/City/State I , tract ��: ,a„�'..,,'>t °^ _'^> .�.Y, - t v s^ ...,;�: ,.�'.v ,A.i fe<�i, F3`F ?s+�.•6i'" rei'c✓., >.>-e� _ :x�.�£FS . ' ..._.P:l Year Make Model Color License/State Disposition: ❑ Parked and-Locked(Per Driver) ® Stored all keno Tow Company: 2c• --ra.". �R!eekkeaseedd Two: Name DU ..mrro+e,+�. a c 7 "x'k ten':.SEEV Tre e G 'n%n. .F t r:r :',F, v, ,.r w a ve+ .,„Pi n i'`r^.. -w ��°��". ��Y s, .....ea'�'. corn.. FACE ❑ Normal ❑ Flushed ❑ Pale 3 Sweaty ❑ Other > SPEECH ❑ Normal 6i Slurred ❑Stuttering ❑Incoherent ❑Confused ❑Other BREATH El Odor of Alcoholic Beverage ❑ None ❑ Other EXITING VEHICLE ❑ Lost Balance ❑ Used Vehicle to Maintain Balance a Other INTer mat_ Rtra yx M.r�S�v?x &k:-2 ^ " Mn.kT r. <:t;.0. as' —IT, '1x Y . 7Ew 7. Have you been drinking? a Yes ❑ No I What? Oa$r•L7 I How Mueh7 I I When? ZOO Do you have any physical defects? ❑ Yea a No Have you taken any medicine or drugs? ❑ Yes a No • Do you have any medical problems? CI Yes Yes No Am you sick or minted? Ea Yes a No 'omments: rerteffintre "iE g``" I a Ri3 I3 CSOBRIE grigt ., t.L 1J z SURFACE.LIGHTING.WEATHER 'SAT• SPot• C Lace 'EYES ❑ Normal ❑ watery ❑ Blooddtot TLIiQMBERd%I rti ❑ Glasses ❑ Comet Lenses BLINDNESS ❑Right Eye ❑ Left Eye BALANCE EYES CLOSED Horizontal Gaze Nystagstus ® Yes ❑ No Internal Clock Lack of Smooth Pursuit a Yes ❑ No Estimaae 30 Seconds: Vertical Gaze Nystagnus ❑ Yes a No - AwnLKnrmTURN.1 Footwear: ( Cannot Do Ted ❑ Explain: ' , . Describe Tam ' data ES t1•ce a O a Ve MO Anns Used For Balance ❑ Yes 0 N Starts Too Soon 0 Yes ❑ No me aSS©ea)teztreSat�a a) Sun Walking rib paiae/cams Maus}l el-Toe r. Repol riag Officer Em$ Date .. Date Prop 115 Qualified • 61,442,4— , Eck s bn'l6 W ,i0 ar.�s ` f ❑� Yes ❑ No 16.t92aaa0l A(t$ RM `Z[L'$.._TCOT.-�SCAI'I /���E & F - 32 Page of .e- . : ',; a 31 - %Sif rrlentc". x T ;:e7 NLG STAD� ke:K [tNOEci Draw Llnto ants ' ' ' O 1 L R R O ❑ ❑ sways while balancing ( /� , Q. ❑ ❑ Uses arms to balance (fie /r !V! LS 'v) ❑ ❑ Hopping R ❑ ❑ Puts foot down Q O °. �. de • O Right 0 Left Txr!ar xo-rr, ri'Rln..a> a.rC�' .iz.^,.}f" .SC+IIYY 1ttitkii"2ia�°E'taS-S f'!n-+.J... . . 'dm33[.r. ,.,ik?..L ..'0nt ❑ .Refused ❑ Not Aveilablc Results 06' "r Brand Serial# ,pI o C - t. -. e.. ..,-t45 .... '"`"3.3 u<w.ibc-�.,a.en ...r•-c^. it ;vM. �3isp"."..'S Y! x Y1t1 ^W 'i ae.Saei FTea e l ...uW.., 'f� a. r 'u.. -"`4. k'6??-.7'�.��.�..a+t.r�e......e�'%.z.W.�.ua3fs3r�`-'ewF�.tik3�'"''"'.. �G�g'�"I: �l�`5< .. .< �� �e�-�-..J�':e......cC....._ ❑ BREATH-Results: I Test#1 I Test#2 Name and Title of person taking sample:(•Blood&Urine) a BLOOD- BA Kit# 2Z1345 (•) &-G4 “-J"°-- fi(""°' ep"1 ❑ URINE- Urine Kit# Cs) ❑ REFUSAL-See DMV Refusal Form MIRANDA: Cl Yes ❑ No By: jDatefrime: (Location: hat have you eaten today? When did y you sleep last? I How long? iiihat have you been drinking? How much? Time stared? Time of last drink? Feel effects? ❑ Yes CI No Did you bump your head? Have you been drinking since the accident? What? How much? Does your Vehicle have mechanical problems? Were you driving the vehicle? ❑ Yes ® No Describe: IS Yes ❑ No rewE�ri".Vv-' kn"oTtiYbMp yf -- '4li.`7 .CY..M a 6 yf u.t r!.M' 'R 4aba•'3}k�!I 4,7 'ik«t' tE�r . ,..,�f �f�•`�t>'^im�:: xe�w"`23h.'.�...r5 ,c-es�° fi k'C5..3:S5i1.f.` .wmn x5?.. Fle�Trn'PF.�.:s:�-rr+{�.m ^:.°...:.� �` -�+^...^.3I ❑ Cooperative ® Insulting ❑ Combative ❑ Other �... q' : r- g g uw ^aM. ^L �.�S4•attmiNARRA T Lere vL rfl etin FCr- tgi • • • I i 1 I 1 • 1 Continue On CR-2 4 4197 owned C)393 by std C. y Elsrims u,®-.a tudma®..e aye ; E & F - 33 • • SHERIFF'S DEPARTMENT CASE NO, COUNTY OF SAN BERNARDINO 110908714 • • CALIFORNIA REPORT AREA • • CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION POSS.FOR SALES;ASSAULT WI A DEADLY FELONY; MISDEMEANOR HS 11379; PC 245(a)(1); VC 23152 WEAPON.DRIVING UNDFR THE INFLUENCE VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ASSIGNMENT/ARRIVAL: On July 16, 2009, Deputies were dispatched to the area of Foothill Blvd and Rochester Avenue, Omaha Jack's. Deputies arrived on scene at approximately 0211 hours. All Deputies on scene were driving marked Sheriffs patrol cars and wearing Department approved Sheriff uniforms. SUBJECT CONTACT: As Deputy Clark arrived on scene, he said he noticed subjects in a red Ford SUV attempting to flee from the location. Deputy Clark stated the subjects in the SUV nearly ran down people in the parking lot as they were attempting to flee from him. See supplemental report by Deputy Clark for additional information. DEPUTIES ACTIONS: • As we arrived on scene, we assisted Deputy Clark who already had the red Ford SUV and its occupants at gun point. All subjects were taken out of the vehicle without incident, handcuffed and placed in the rear seat of multiple patrol cars. VICTIM #1 INTERVIEW: Oar I contacteda in front of Omaha Jack's. The following is a summary of her statement. _ said it was the end of the evening and Omaha Jack's was closing. She stated everybody had gone outside onto the patio area.1110111E said as she was outside a subject in a black tank top, later identified as I . .__ . as attempting to ge to leave with him from the •bar._ ! said she was refusinZ' advances and to him to leave her alone. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE C.PITTS A6153 07/17/09 C3084 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD• YES ❑ NO ❑ Detective ❑ CII ❑ Other • ❑ Diet.Atty. ❑ Petrol 15.15184-001 Rev. $183 E & F - 34 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110908714 • CALIFORNIA REPORT AREA • CA 03600 Page 2• CODE SECTION CRIME CLASSIFICATION POSS. FOR SALES;ASSAULT WI A DEADLY HS 11379; PC 245(a)(1);VC 23152 WEAPON. DRIVING UNDER THE INFLUENCE , FELONY; MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VICTIM #1 INTERVIEW (Continued): • . said after refusing 1 advances, �eached up under her right ar in an attempt t touch her and posse bTy grab her breast. eSh said at that point the bouncer, pushed him away from her to protect her from being sexually battered b'. aidmed around and began to yell at Asurned his ention to make sure buddies did not hit him,at in the face with a closed fist, knoc Ing er o the ground. said she immediately got up and ran inside the business fearing she might be hit again by . Ipagsaid when she got inside the business she turned around and looked out to see what was going on. She said she saw there was a large brawl going on in the patio area. watched a was swinging and hitting everybody. She said she watched him hit e owner of the busines in the back of the head, knocking him to the ground. tated subject who was wearing a large sports jersey, later identified anal kicked s he was on I e ground. She said it appeared he was kicking him in the upper body and head area aI Twas trying to protect his head with his arms. OMdid not have any additional information regarding the incident and my interview with her was concluded. . VICTIM #1 INJURIES: ®had red marks to her nose and face where she had been punched b She also had blood on her nose li , face and chest from the impact o fist o er nose, causing her nose to bleed iad swelling to her lips as well as small cut on the inside of her upper lip. iefused medical aid on scene and stated she would take herself to a hospital if she felt she needed to go later on. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE C. PITTS A6153 07/17109 C3084 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD 4IPS ❑ NO ❑ Detective ❑ CII ❑ Other • J /545164401 Rev. 1/83 ❑ Dist.Ally. ❑ Patrol ., • E & F - 35 I SHERIFF'S DEPARTMENT 110908714 COUNTY OF SAN BERNARDINO CASE NO CALIFORNIA REPORT AREA • CA 03600 Page 3 CODE SECTION CRIME CLASSIFICATION POSS.FOR SALES;ASSAULT W/A DEADLY FELONY; MISDEMEANOR HS 11379; PC 245(a)(1); VC 23152 . WEAPON;DRIVING UNDER THE INFLUENCE VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VICTIM #2 INTERVIEW: I contacted rant of Omaha Jacks restaurant. The following is a summary of his statement to me. told me the subject in the black tank top, later identified as—, was verbally arguing I other customers as came outside and attempted to get him to leave. EMI said i WS and his frien s were yelling at everyone, calling them names, and saying The—Were members of the Sureno's or southern family and gang members out of Fontana. stated they were yelling at people and challenging them to fight. _said at one point started to get into a fight with another customer. He Intery ed and pushed away to prevent the fight. Smed his attenti and was trying o convince her to leave with him. En said he pushe • away frombecausas reaching for her and he thought was possibly going to hu er. gturned his attention t friends, later identified as od a said as he did this, he sa punching, in the face. He said he saw this happen with his peripheral vision s id he turned to confront . fl who grabbed him and head-butted him in the face, causing him to fall to the ground. Said he was kind of knocked out of the fight at that point and ended up on the,ground. He said he got up and assisted other people trying to force the subjects to leave, however did not have any further physical contact with anybody. did not have any additional information regarding the incident and my interview with him was concluded. • REPORTING OFFICER DAT17IOB REVIEWED BY TYPED BY ROUTED BY I DATE C. PITTS A6153 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SDIPD 7 YES ❑ NO ❑ Detective ❑ CII ❑ Other • • I ^ • trr151(14-001 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • E & F - 36 SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110908714 CALIFORNIA CASE NO REPORT AREA CA 03600 Page 4 . CODE SECTION CRIME CLASSIFICATION POSS.FOR SALES;ASSAULT W/A DEADLY H5 11379; PC 245(9)(1);VC 23152 WEAPON: DRIVING UNDFR THE INFI VEN.C.E FELONY; MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE t VICTIM #2 INJURIES: _ had cuts to the inside of his lip and mouth and a bloody nose. He also had a tooth that he said was loose and possibly going to fall out. WNW refused medical aid on scene and stated he would seek his own medical aid and dental assistance at a later date. VICTIM #3 INTERVIEW: I interviewed _ ont of Omaha Jack's. The following is a summary of his statement to me. said he saw a subject in a black tank top, later identified aa, punch his 1 ife in the face. He said he stepped up in an attempt to rotect hi wife, however she had already been struck. ASIMINIMIE approached head-butted knocking him to the ground. He said as he approache witnessed unch the owner of Omaha Jack' cRing him face down on the ground turned to him and began to struggle with im a 111111111.in a head lock. He said he lost his grip and ended up getting knocke to the groun . ii said at that poinew approached him and began to stomp on his head and • ace. said he had a huge lump on the right side of his forehead that was caused by the impact to the nd. He said the red marks on the left side of his forehead, face and eye were . caused wherawas stomping and kicking him while he was on the ground. stated he curled up into a ball to protect himself until the kicking ceased. Slit did not have any additional information regarding the incident and my interview with him was concluded. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE C. PITTS A6153 07117109 C3064 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SDIPD *ES ❑ NO I ❑ Doteniva ❑ CII ❑ Ohror • .,:15184-401 Rev. 1/83 ❑ Dist Airy. ❑ Petrol ` E & F - 37 CASE NO. SHERIFFS DEPARTMENT 110908714 COUNTY OF SAN BERNARDINO CALIFORNIA REPORT AREA • CA 03600 Page 5 CODE SECTION CRIME CLASSIFICATION POSS.FOR SALES;ASSAULT W/A DEADLY FELONY;MISDEMEANOR HS 11379;PC 245(a)(1);VC 23152 WEAPON;DRIVING UNDER THE INFLUENCE VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VICTIM #3 INJURIES: ad a large bump, approximately 1" to 1 Y:" in diameter and approximately 'h" deep on the upper right portion of his forehead at his hair line. He also had a bloody bruise underneath his left eye with bruises and scratches above his left eye and the left upper portion of his forehead. ARREST: I inforrnedlISIMMana they were under arrest for PC 245(a)(1); Assault with a Deadly Weapon, for kicking people while they were on the ground. All 3 subjects were handcuffed from our initial contact with them. I removed all 3 subjects one at a time from the vehicle. I checked that their handcuffs were properly adjusted by placing my index finger between the strap of the handcuff and their wrist to ensure there was proper space to prevent blood flow lost to their hands. I then made sure all the handcuffs were double-locked,to prevent them from locking tighter around the suspects' wrists. • ( DISPOSITION OF VEHICLE: The vehicle was towed and stored. For additional information, see the CHP.180 and report by Deputy Clark. VEHICLE INVENTORY: As we were inventorying the vehicle, I discovered a black backpack behind the right front seat in the rear passenger area. It was located in the center right portion of the floorboard. Inside the backpack I located a bottle of vitamin pills. When I opened up the bottle, I discovered 15 small green tablets. The green tablets field tested positive for Ecstasy. Also in the backpack was a 24 Hour Fitness identification card in a plastic cover with a photocopy off' driver's license in it. There were also copies of court papers with name on it and various other papers that proved ownership of the bag to belong to REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE C.PITTS A6153 07/17/09 I C3084 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑SD/PD 'J YES ❑ NO ❑ Detective ❑ CII ❑ Other • r-r-1518a.401 Rev. 1/83 ❑ DItL Atty. ❑ Petrol 1 E & F - 38 le . SHERIFFS DEPARTMENT COUNTY OF SAN BERNARDINO CASE NO. 110908714 CALIFORNIA REPORT AREA CA 03600 Page 6 , CODE SECTION CRIME CLASSIFICATION POSS.FOR SALES; ASSAULT Wl A DEADLY HS 11379; PC 245(a01); VC 23152 WEAPON:DRIVING UNDER THE INFLUENCE I FELONY;MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE VEHICLE INVENTORY (Continued): During a search be pockets, I located $775.00 in $20, $10 and $5 increments. Based on my training and experience, these increments are consistent with sales of narcotics. ARREST / ADDITIONAL CHARGES: I info he was under arrest for HS 11379; Possession of Narcotics for Sales. I read his Miranda Rights per my Department issued Miranda warning card. He refused to answer uestion #1 or question #2 of the Miranda warning. No further questions were asked of with the exception of the necessary booking questions. MIRANDA I SUSPECT INTERVIEW: . reams Miranda Rights per my Department issued Miranda waming card. He refused to .answer question #1 or question #2 of the Miranda warning. No further questions were asked of • Smith the exception of the necessary booking questions. MIRANDA / SUSPECT INTERVIEW: ISSN I reas Miranda Rights per my Department issued Miranda warning card. He answered, "Yes' o question #1, indicating he understood his Rights and, "Yes" to question #2, indicating he was willing to speak with me. The following is a summary of his statement to me. ted they were inside the bar having a good time. When it came time for them to leave, y were walking out of the bar and for no reason at all, a bunch of people came running outside the bar and started yelling at them.11111111aid the people were calling them "Spicks and beaners" and telling them to leave. . REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE . C. PITTS A6153 07)17109 C3D64 • FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SDIPD •Es ❑ NO ❑ Detective ❑ CII ❑ Other 15164-001 Rev. 1B3 ❑ DisL Atty. ❑ Patrol E & F - 39 ■ CASE NO. I SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110908714 CALIFORNIA REPORT AREA • • CA 03600 Page 7 • CODE SECTION CRIME CLASSIFICATION P058.FOR SALES;ASSAULT W/A DEADLY f FELONY;MISDEMEANOR HS 11379; PC 245(a)(1);VC 23152 I WEAPON- DRIVING UNDER THE INFI UFNCE VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE MIRANDA/ SUSPECT INTERVIEW.(Continued): said they turned to confront the subjects as to why they were calling them names. stated at this point one of the subjects attacked them for no reason at aasaid they were fighting with the subjects in an attempt to defend themselves. llinstated they had to run to their vehicle for fear of their safety. He said they got into the car so ey could leave, stated the subject that was driving, got into the driver's seat of the vehicle and began to drive even though he knew he didn't have a driver's license and was drunk, just so they could get away from the restaurant safety stated they never exchanged any kind of words or profanity at any of the people at the restaurant, t ey are merely innocent victims. lid not have any additional information regarding the incident and my interview with him was concluded. TRANSPORTATION: • . I All subjects were transported to West Valley Detention Center by myself and Deputy Clark. All subjects were booked into West Valley Detention Center for various charges. . It should be noted thaN111111111ecame aggressive and violent with the jail staff at West Valley Detention Center. Due to his intoxication and combativeness he was placed on delayed booking. EVIDENCE: The suspected Ecstasy pills along with the miscellaneous paperwork located in the backpack with sollillname on it was placed into evidence at the Rancho Cucamonga Sheriff's Station. Photographs were taken of the scene by Deputy Marshall. The photographs were downloaded onto the DIMS system and placed into evidence at the Rancho Cucamonga Sheriffs Station. • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE C. PITTS A6153 07/17/09 C3064 FURTHER ACTION: REMARKS COPIES TO ❑ Other ❑ SD/PD • °YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15115104401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol E & F - 40 CASE NO. SHERIFF'S DEPARTMENT CA • COUNTY OF SAN BERNARDINO 110908 SEND. 14 CALIFORNIA REPORT AREA CA 03600 Page 8 CODE SECTION CRIME CLASSIFICATION POSS.FOR SALES;ASSAULT WI A DEADLY HS 11379; PC 245(a)(1);VC 23152 WFAPON: DRIVING UNDER THE INFLUENCE FELONY; MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ADDITIONAL INFORMATION / OFFICER: For photographs of the scene and additional information, see attached supplemental report.by Deputy Marshall. DISPOSITION: Case cleared by arrest. Forward to the District Attorneys Office for review and filing of charges. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROWED BY DATE C. PITTS A8153 07/17/09 C3D84 FURTHER ACTION: TO ❑ � REMARKS COPIES T - ❑ SO/PD •ES ❑ NO ❑ Detective ❑ CII ❑ Other 155-15184-401 Rev. 1/83 ❑ DIsL Any, ❑ Patrol E & F - 41 • CASE NO. SHERIFF'S DEPARTMENT 110908714 COUNTY OF SAN BERNARDINO CALIFORNIA REPORT AREA • CA 03600 Page 1 R0006 CODE SECTION CRIME CLASSIFICATION H8.5 11378 I NARCOTICS FOR SALES I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) STATE OF CALIFORNIA I PHONE ' ADDRESS RESIDENCE 1 ASSIGNMENT: On 07-16-09, I was assigned to work marked uniform patrol in the City of Rancho Cucamonga. At approximately 0211 hours, I assisted Dep. Pitts with this investigation. I INTERVIEW OF THE VICTIM: .-—•-- Upon arrival, I contacted Victiu • ie was punched by Suspect and related the following. On 07-15-09 at approximately 2100 hours, ' as workin inside of the Omaha Jacks Bar. At about that time, Suspec and friends entered. -emained in the bar drinking until approximately 0150 hours. about that time, all of the pa rons began walking outside. mtinued working and cleaning inside of the bar. At approximately 0205 hours, N a female run inside the bar and yell that she was just hit. outside the East doors into the parking lot area. aw the other 'staff members asking several male subjects to leave the property and stop fighting. \ • also yelled at the subjects to leave and that the bar is closed. As (the subjects, he felt someone punch him on the left rear portion of his head. to the ground as a result of the punch. ed up and saw standing over him yelling obscenities. As ' __.._. . stood up,—retreated to the pa ing lot area and got into the rear passenger seat of a red vehicle. _..__.-_. . )od up and felt pain to his head and right hand. As the subjects was yelling at went back to the red vehicle in the parking lot, Deputies arrived on scene. As I contacted and interviewee'' the occupants of the red vehicle were taken out. As Sanchez exited the rear passenger door, ' - and stated "That's the guy who hit me". I were approximately 30' away and Sanchez was illuminated by lights (parking lot/Sheriffs spot lights). aw a clear view o', both front and rear. _ . res prosecution agains--and has no idea why he hit him. ' has never see before and did not have any problems with him all night. '. _. singed a citizens arrest orm and had no further information. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE K.MARSHALL#97123 07-16-09 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ' YES ❑ ND ❑ Detective ❑ cy ❑ Other • ( 15 15184-701 Rev. 1107 ❑ Oisl.Atty. ❑ Patrol E & F - 42 • • I CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110908714 • CALIFORNIA REPORT AREA • CA 03600 Page 2 RC006 CODE SECTION CRIME CLASSIFICATION H8S 11378 NARCOTICS FOR SALES I FELONY VICTIMS NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) STATE OF CALIFORNIA • ADDRESS - RESIDENCE PHONE VICTIM INJURY: While talking with Victim ' omplained of ain to the back of his head and right hand. I could see redness to the left rear portion o head. I could see a small amount of blood just in front of his left ear. I could see a cut to the right index finger. The cut of was oozing blood at a slow rate. ad any medical attention. I took photographs of the areas mentioned above. EVIDENCE: I booked the photographs into the DIMS computer at the station for evidence (see attached thumbnails). S DISPOSITION: Attach this supplemental to Dep. Pitts original. • tt • T . REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE K.MARSHALL#87123 07-16-09 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD a0s ❑ NO ❑ Detective ❑ al ❑ Other 184.-0et Rev. tl97 ❑ Dist.Airy. ❑ Patrol E & F - 43 • I • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110908714 CALIFORNIA REPORT AREA • CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION PC 245 ADW FELONY VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE SUPPLEMENTAL REPORT Assignment / Arrival: On 07/16/2009 between the hours of 1 800 — 0400 I was assigned to traffic enforcement in the city of Rancho Cucamonga as 11X2. At approximately 0210 hours, Deputies were dispatched to Omaha Jacks a brewery and club located on the southwest corner of Foothill Boulevard and Rochester Avenue. The reporting party stated there was a fight and he had been hit in the face. At the time of the broadcast I was in the parking lot of 24 Hour Fitness which adjoins Omaha Jacks. Observations: At the time of the broadcast I observed multiple subjects surrounding a red Ford Explorer. I pulled in • behind the Explorer, exited my vehicle and immediately began to give orders to the driver and occupants of the vehicle to shut the vehicle off. The driver, later identified as -' looked • back towards me and during the commotion multiple subjects entered the passenger door to the _ vehicle. accelerated rapidly. At the time there were multiple subjects surrounding the driver side and passenger side of the vehicle. Those subjects had to move quickly in order to avoid being hit by J. actions were extremely reckless and endangered the lives of those people around his vehicle accelerated rapidly causing the tires of the vehicle to screech. He headed north through the parking lot, made a right hand turn he ' east and then south. I immediately returned back to my vehicle and was able to bloc from exiting the parking lot. At this time with assisting Deputies a felony traffic stop was conducted. Driver Contact I made contact with after he was detained originally told me his name was . - . .__ _. with a date of birth of It was later determined through CAL-ID at the jail his true identity was with a date of birth of 03/14/1986 who was on active parole status. fated to me at the scene he was not in possession of any type of driver's license nor has e ever possessed a driver's license. He said he has only been in California for a short period of time and had never been arrested. This all was determined to be false at a later time. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE CLARK 86735 7/17/09 B727D FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 1 15.15154401 Rev. 1B3 ❑ Ds.A y. ❑ Pallet E & F - 44 • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110908714 CALIFORNIA REPORT AREA CA 03600 • Page 2 CODE SECTION CRIME CLASSIFICATION PC 245 I ADW I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Objective Indicators: • As I spoke t u is face was a ely sweaty, his speech was slightly slurred and his coordination was poor. I aske if he had consumed any alcohol throughout the night and he said he had consumed one mixed drink but he was the designated driver of the vehicle. I checked his eyes for Horizontal Gaze Nystagmus and I found it to be present. Field Sobriety Tests: No field sobriety tests were conducted. P.A.S. 'A sal and Results: agreed to submit to a preliminary alcohol screen test to further determine his sobriety. He understood that this would not affect his obligation to submit to a blood or breath test required by California State law. Using my Alco Sensor IV Intoximeter, serial # 03445, ULLOA'S P.A.S. results indicated a BrAC of .061% refused to take a second sample. nest: ased on the totality of my observations and investigations placed under arrest for PC 245(A)(1), Assault with a Deadly Weapon (Vehicle) and CVC 23152(a), Driving Under the Influence.-'as handcuffed to the rear, the handcuffs were double locked and he was secured in the rear locked portion of my patrol vehicle. ' was later transported to the West Valley Detention Center. Chemi miffed to a blood chemical test at the West Valley Detention Center. At 0321 hours, Gia Rivera of Law Enforcement Medical Services withdrew the blood sample in the blood-alcohol room. I later booked the blood into evidence at the Rancho Cucamonga Police Station. Booking: Durin king process at the West Valley Detention Center a CAL-ID thumb print was obtained b which at this time determined his true identity. He was booked into the West Valley Detention Center on the above listed charges, including a PC 3056 parole hold and PC 148.9, obstructing or lying to a Peace Officer. REPORTING OFFICER DATE REVIEWED BY TYPED BY I ROUTED BY DATE CLARK 86735 7/17/09 57270 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS other ❑ SD/PD Y15184-0 ES ❑ NO 0 Detective LI co • ❑ other 0 01 Rev. 1/133 Dist.Atty. Patrol I E & F - 45 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110908714 CALIFORNIA REPORT AREA CA 03600 Page 3 • CODE SECTION CRIME CLASSIFICATION PC 245 - ADW FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Disposition: Case cleared by arrest. Attach to original report by Deputy C. Pitts. • (_ 1 • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE CLARK 86735 7/17109 87270 FURTHER ACTION: COPIES TO: REMARKS ❑ Olher ❑ SD/PD 1 o YES ❑ NO ❑ DerodNo ❑ CII ❑ Other j"—15104-401 Rev. 1/63 ❑ Dist.Airy. ❑ Patrol • E & F - 46 4/ 1bmao-n...eau(cn,) I.CODE SECTION PC 245(AIf1) 2.CRIME DEFINITION 3.CASE NUMBER•STATION ' F CV C 231531A1 ASSUALT WITH A DEADLY WEAPON; DUI W/ RIFFSBATElT M 110910319 urn OF F SAN BERNARDINO,CA Cam CV C 23153(3) INJURES;-.08°/BAC NIFORM CRIME REPORT 4.ASSIGNED MD-DAY-YEAR TIME 5.ARRIVED MD-DAY-YEAP. TIME . L.BEAT 17.REPORT DIST. 10°°00 06/23/2009 - 01:54 06/23/2009 D1:54 04 I 006 1 B.OCCURRED DAV.OF.WEfW N MODAY.YEVTIME B.REPORTED MO-DAY-YEAR TIME '1D.LOCATION OF OCCURRENCE Ccrrq C SUN 08/23/2009 01:54 06/23/2009 01:54 ROCHESTER AVE/FOOTHILL BLVD,RANCHO I CODES FOR BOXES 12622 ARE: V . VICTIM W .WITNESS RP. REPORTING PARTY DC . DISCOVERED CRIME IP - INVOLVED PARTY ✓ 11.NAME LAST.FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CrrY.ZIP 14.RESIDENCE PHONE - I C TI Y15.OCCUPATION 116.RACE/SEX 17.AGE 11B.DOB M-O-YR 15.BUSINESS ADDRESS-STREET-CRY-ZIP B.BUSINESS PHONE W 21.NAME:LAST FIRST,MIDDLE(FIRM NAME IF BUSINESS) 22: 23.RESIDENCE ADORESSSTREET-CITY-ZIP 24.RESIDENCE PHONE T N E B 25.OCCUPATION 26.RACE/SEX I27.AGE 128.DOB M-D-YR I29.BUSINESS ADDRESS-STREET-CITY-ZIP 3D.BUSINESS PHONE B 31.SUSPECT A.n 1 ...--r nowt MIDDLE 32.RACE/Sa( 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37.6105 38.DOB M-D-Y 39.ARRESTED 40.INTERVIEWED • - H/M 29 609" 180 BRO BR0 1 ©YES D NO O YES 0 NO S U 41.RESIDENCE' - 42 CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S ._ .. . ,.G, G,1,/-6 , 4.r1 04..,.... EM-D-Y 43.SUSPECT Mn 0 I ART F, RT ulnni 5 44,RACE/SEX 45.AGE 46.HEIGHT 47.WEIGHT 46.HAIR `9.EYES 60.008 M-D-Y 51.ARRESTED 52.INTERVIEWED "" .. .. -" ' H/M 27 5'06" 180 BLK BRO . 2 YES D NO ©YES ❑No T 6 53.RESIDENCE ADDPFCCnoceT.nm+,e 154,CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTER- ARKS/CHARACT !CRCS 55.CHECK IF MORE NAMES IN CONTINUATION LIVES LW NO 56.ADDITIONAL INFORMATION DVICTIM OWITNESS �3JOFFICEI BI OTHER 167:PHYBICAL EVIDENCE RECOVERED DYES 11 NO 58 PHOTOGRAPHS TAKEN IX)YES LINO SD.LATENT PRINTS LIFTED DYES ill NO N VEHICLE 61.COLOR 62.YR. el MAKE 84.MODEL 185.BODY TYPE Jeff.LICENSE I57.STATE 68.DAMAOEIODOT'(ACCESSORIES V SILVER 2009 CHEV IMPA I CA 11. s .ROBBERY WEAPON: 0 FIREARM D OTHER DANGEROUS WEAPON LOCATION:D HIGHWAY DOTHER BUSINESS . 0 SERV.STATION 0 CUTTING INSTRUMENT 0 STRONG ARM D CONVENIENCE STORE 0 RESIDENCE D BANK D MISC. ._ 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET D SIMPLEAIO INJURY R 71.BURGLARY 0 NIGHT D DAY t FORCIBLE ENTRY D ENTRY-NO FORCE I D RESIDENCE D VEHICLE M D UM(AIOwv t D ATTEMPT BY FORCE D NON-RESIDENCEIBUILDING) E 7Z LARCENY 0 PIL,APUCET D SHOPUFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHIN • D PURSE-SNATCH ❑FROM MOTOR VEHICLE D &CYCLES 0 FROM COIN-OPERATED MACHINES Ii ALL OTHERS - 71 PROPERTY STOLEN -' STOLEN STOLEN TYPES CURRENCY,NOTES S TV.STEREO.ETC. S CONSUMMABLE GOODS S S . '6 JEWELRY S FIREARMS S LIVESTOCK S T VALUES CLOTHING,FURS S HOUSEHOLD GOODS S OTHER MIST, S A . T OFFICE EQUIPMENT $ 0 IDENTIFIABLE PROPERTY TAKEN 0 HOC ENTRY COMPLETED • TOTAL S S 74.DOMESTIC VIOLENCE INJURIES D NONE D MINOR D MAJOR WEAPONS: 0 YES D NO 75.PEACE OFFICER ASSAULTED/ARSON D YES IF YES,COMPLETE BOXES 1,2,3,4,AND 34 OR 35 ON CR.4 FORM. 76.SYNOPSIS Deputies responded to a fight in the parking lot of Omaha Jacks, 11837 Foothill Blvd. I arrived on scene and observed approximately 50 subjects s fighting in all areas of the parking lot. an aggressor in a fight refused to obey my direct orders and was tased in order to gain compliance. ✓ Albert driving a silver impala accelerated through the parking lot and intently veered directly aewhom he had been fighting with.: o collided with the front driver's side of the vehicle,rolled over the hood and was launched into the air.Slaced the vehicle in reverse,steered P aroundIlland fled the area. A traffic stop was conducted am ,las detained,-Jisplayed objective symptoms of being intoxicated;he S refused all FSTs asked of him. s a - tI Woo ARSRMS1osTArri cAN_ 77.REPORTING OFFICER 78.EMP.1 79.DATE 80.REVIEWS Y DATE 81.ROUTED TO N. CLARK 86735 08/23/2009 I / or l BMTrowA NI ❑OTHER IMMEDIATE Foump, P I REPORTING OFFICER - • IS 115 QUALIFIED o YES ❑NO • E & F - 47 CASE NO. • SHERIFFS DEPARTMENT COUNTY OF SAN BERNARDINO 110910319 CALIFORNIA REPORT AREA I • CA 63600 Page 1 CODE SECTION RING ` CLASSIFICATION j PC 245; VC 23152(a),23153(b) I ADW, DUI CAUSING INJURY,+.08%BAC I FELONY VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) , ADDRESS RESIDENCE PHONE Assignment/ Arrival: On 08/23/2009, between the hours of 1800 and 0400, I was assigned to traffic enforcement in The City of Rancho Cucamonga as 11X2. On 08/23/2009 at approximately 0154 hours, Deputies were dispatched to the parking lot of Denny's located at Foothill Boulevard and Rochester Avenue in the city of Rancho Cucamonga in reference to a fight in the parking lot. I was on scene in the southwest corner of the parking lot as the call was aired. • Observations: I immediately traveled eastbound through the parking lot and made a left turn heading northbound towards Omaha Jacks, which is a bar adjacent to Denny's. I observed multiple clusters of suspects fighting throughout the parking lot. Directly in front of my patrol unit, I observed a Hispanic male adult, later identified as -, who was protecting himself, was walking backwards with his hands crossed over his head in an attempt to block punc es an blows. There were four subjects who had surrounded and they were punching him and kicking him in • _'the face and chest area. continued to walk backwards and tripped, falling onto the )round, at which time he was opp a and all four subjects were on top of him continuously punching and kicking- I immediately exited my vehicle and ran towards where the fight was occurring. I removed my taser from its holster and immediately gave orders to the suspects to stop fighting. I deployed m taser striking one suspect in the right side of his chest and the second dart was discovered it . After the taser was deployed the four suspects immediately jumped up and ran. !L stayed lying down on the ground covering his head. I was approached by another suspect, identified as S - came running towards me from my right hand side. He had both of his hands up and had obvious abrasions to the right side of his face. He was sweating and appeared to be extremely agitated. He was yelling and screaming at me about tasing the individuals in the crowd and said it.was his cousin I was tasing and said he was being beaten up. I repeatedly told to back'up away from me at which time a second fight had begun directly to our right hand side. REPORTING OFFICER ' DATE REVIEWED BY TYPED BY ROUTED BY DATE N.CLARK 86735 8/24109 87270 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD I n YES ❑ NO ❑ Detactne ❑ CH ❑ Other • :15184-001 Rev. 1183 ❑ Dial.AIIy. ❑ Petrel E & F - 48 • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110910319 CALIFORNIA REPORT AREA Ck CASE NO. ■ C3600 ?ale 2 i M CODE SECTION CRIME CLASSIFICATION PC 245;VC 23152(a),23153(b) I ADW,DUI CAUSING INJURY, +.08%BAC FELONY �r VICTIMS NAME•LAST NAME FIRST NAME. MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Observations cont. : As continued to yell and scream at me he pointed towards another person directly to our east and said he was the one who had beat up his cousin. Mat began running towards that person in an aggressive manor to continue to fight with him. I reloaded my taser and deployed a second cartridge striking in which he fell to the ground. I ran behind— handcuffed him and detamehim. After handcuffin I observed a vehicle, identified as a silver Chevy Impala, traveling southbound throug the parking lot. My attention was brought to the vehicle as I heard the tires to the vehicle screeching extremely loud, I looked and saw the vehicle traveling southbound at a high rate of speed and accelerate as it entered an extremely large crowd of people. I heard a loud thump and watched as was struck by the vehicle. hit the driver side of the vehicle which launched him up into the air and ejected him approximate y —5 feet. The vehicle stopped for a brief second, backed up a little bit, maneuvered around and fled from the parking lot. Immediately aired the information to assisting Deputies. Deputy Beitler, who was assigned as 1 P32, located the vehicle as it was traveling eastbound on Foothill Boulevard from Rochester. Deputy Beitler activated his overhead emergency lights and conducted a traffic stop. A felony traffic stop was conducted on the vehicle and it was determined that ALBERT was the driver of the vehicle. Victim Contact- Refer to supplemental report by Deputy J. Jackson. • Witness Contact: Refer to supplemental report by Deputy Rice. Sus ect Contact I spoke to in the emergency room of San Antonio Community Hospital. I read his Miranda rights from my department issued Miranda warning card. affilling said he understood his rights and was willing to speak to me about what occurred. alliaMtold me he had been at Omaha Jacks Bar with multiple sus ects. As he was exiting the parking lot a fight broke out in which his cousin was being assaulted. said he remembers being hit multiple times and running towards me but he had no further recollection of what had occurred. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE N.CLARK B6735 8/24/09 B7270 FURTHER-ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD c5 ❑ NO ❑ DoteotNe ❑ Co ❑ Other ' 184-401 R. . 1/83 ❑ Mt.Ally. ❑ Patrol E & F - 49 CASE NO. i . , . . . . SHERIFF'S DEPARTMENT tio9iat�9 COUNTY OF SAN BERNARDINO CALIFORNIA REPORT AREA • CA 03600 Page 3 CODE SECTION CRIME CLASSIFICATION � PC 245;VC 23152(a),23153(b) ADW, DUI CAUSING INJURY,+.08%SAC FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Sus act Con I aske by he was running towards me in an aggressive manor. He said he didn't recall. apologized multiple times for what had occurred and Laid he knew he deserved being tazed. Suspect#2 Interview I arrived at the traffic stop where Deputy Beitler had and other occupants of the vehicle detained. As I arrived scene, I positively identifie the silver Impala driven bas the vehicle that hit�A. I made contact with_who was sitting in the rear portion of Deputy Beitler's patrol vehicle. As I opened up the door to the vehicle, I immediately noticed the odor of an alcoholic beverage emitting from the rear portion of Deputy Beitler's patrol vehicle. I real his Miranda rights from my department issued Miranda card. said, "Yes" to ques Ion #1 indicating he understood his rights and "No" to question #2 indicating a did not wish to speak to me about what had occurred. ` In'uries: • received minor injuries from the taser dads. A portion of the taser dart had broken off 1 'n the lower portion of his right side.allk was taken to San Antonio Community Hospital -where the dart was attempted to be removed. ad a complaint of pain to his chest from being involved in the fight. He was also taken to sae n Antonio Community Hospital for a jail check. Refer to supplemental report by Deputy J. Jackson for injuries suffered by Evidence: The silver Chevy Impala had obvious hand impressions on the hood and scuff marks on the right side in the direction of the driver side window consistent with a person being hit and ejected across the front portion of the vehicle. There was a blood splatter trail along the entire driver side of the vehicle. Photographs of the hand and body impression as well as the blood splatter were taken and placed into evidence at the Rancho Cucamonga Police Department. , REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE N.CLARK B6735 - 8/24/09 67270 FURTHER ACTION: REMARKS COPIES TO: ❑ Other 0 SWPD ❑YES ❑ NO ❑ Deiedive 0 CII ID Other • .'15184-0 f7 01 Rev. 1/63 0 Dist.Atty. Petrol . I_ E & F - 50 SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO CASE ND. 110910319• CALIFORNIA REPORT AREA , CA 03600 • Page 4 II CODE SECTION . CRIME CLASSIFICATION PC 245;VC 23152(a),23153(b) I ADW, OUI CAUSING INJURY, +.08%BAC FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE - PHONE Field Sobriety Tests: Based on statements of refusing to speak to me and his detention, field sobriety tests were not conducted: Chemical Test: submitted to a`blood chemical test in the emergency room of San Antonio Community ospital. Tammy Weinberg of Law Enforcement Medical Services withdrew the blood sample at 0327 hours. I observed the blood withdrawal, took possession of the blood and later booked the blood into sheriffs evidence at the Rancho Cucamonga Police Station. There was an approximate one hour time delay in the blood withdrawal due to time constraints from Fire personnel and LEMS having to respond to the hospital. Booki ras booked in at the West Valley Detention Center for PC 148(a)(1). lavas issued and signed citation vith a promise to appear in court at a later date. I i was booked in at the West Valley Detention Center for PC 245(a)(1), Assault With A Deadly Weapon, CVC 23153(a), DUI Causing Injury, CVC 23153(b), DUI Causing Injury +.08% BAC and in • addition a parole hold was sent for his parole status. Disposition: Case cleared by arrest. Forward this report to the Rancho Cucamonga District Attorneys Office for review and filing. • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE N. CLARK 66735 l 8124109 B7270 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD IllfrES ❑ NO ❑ Detective _❑ CII ❑ Other "^` ' ❑ DIM.Atty. ❑ Petrol 115-15184401 Rev. 183 1 E & F - 51 • SHERIFF'S DEPARTMENT CASE NO. COUNTY OF SAN BERNARDINO 1109010319 CALIFORNIA IREPORTAREA 1 • CA 03600 Page l 1 • i ' CODE SECTION CRIME CLASSIFICATION PC 245(A)(1);VC 23152(a),23153(8) I ADW,DUI WITH INJURIES;+.OB%BAC I LA FELONY . VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) , ADDRESS RESIDENCE PHONE ASSIGNMENT/ ARRIVAL: On 08/22/2009 I was assigned to work uniform patrol in the city of Rancho Cucamonga. I was driving a marked Sheriff's patrol unit and my designated call sign was 11 P14. On 08/23/2009 at approximately 0156 hours, I signed myself to assist Deputies with a fight in the Denny's parking lot located at Foothill Boulevard and Rochester. The reporting party reported there were approximately 10 — 15 subjects fighting in the parking. While enroute to the location, Deputy Clark requested an emergency assistance and indicated he had tazed three subjects who had been fighting. Shortly after Deputy Clark advised over the radio that someone had just been struck by a vehicle at the location and the suspect vehicle did not stop and was now traveling northbound on Rochester Avenue., ADDITIONAL INFORMATION DEPUTY J. JACKSON: I arrived on scene at approximately 0200 hours. I entered the business complex off of Rochester • Avenue, entering through the southeast corner of the complex. While pulling into the complex, 1 Deputy Clark indicated the victim who was hit by the vehicle possibly got into a silver vehicle and was now pulling out of the complex. I noticed approximately 2— 3 vehicles pulling out of the complex that were light or silver in color. I initiated a traffic stop on one of the vehicle bearing CA # __ Rochester Avenue just south of Foothill Boulevard. As I approached the vehicle I noticed, what appeared to be, blood on the side of the vehicle. I made contact with the driver who identified herself as I looked over in the passenger seat and observed a Hispanic male who appeared to be in pain. I asked the subject what happened and the driver, said her husband had just been hit by a car. The male identified himself as . ___ .__. . .vith a date of birth of advised Dispatch I had the vehicle stopped with the victim who had just been hit and requested the Fire Department to be sent to the scene of my traffic stop. Fire arrived shortly after and ras complaining of back pain. I observed blood and abrasions on his hands and he indicated he was having shortness of breath. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY l DATE J.JACKSON C8622 8/24/09 57270 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD "YES ❑ NO ❑ Detective ❑ CII ❑ Other • t&75184401 Rev. 1/83 ❑ Dist.Atty. ❑ Petrol E & F - 52 CASE NO. lio . • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 1109010319 CALIFORNIA . REPORT AREA CA 03600 Page 2 1 - CODE SECTION CRIME • CLASSIFICATION F 'PC 245(A)(1); VC 23152(a),23153(b) I ADW,DUI WITH INJURIES: +.08%BAC I FELONY I VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) , ADDRESS RESIDENCE • PHONE WITNESS CONTACT: . I spoke tat while her husband was being attended to by the Fire Department. The following is a summary of her statement. Sstated her and her husband were having drinks at Omaha Jacks. She said they were with several unidentified friends.. said they left the location and as they walked out to the parking lot she observed several Hispanic males fighting with other males and females.- said her husband was punched several times by an unknown Hispanic male adult who she described as being in his 30's,.bald head, stocky build, wearing a white muscle T-shirt and he had various tattoos said the Hispanic male had a last name tattooed on his back. MEM said this subject was punching her husband repeatedly. A second subject arrived on scene and also began punching her husband with a closed fist in the head area and kicked him numerous times. • • said she was afraid for her life and was screaming•for her husband to run and get into the ehicle. When she looked up she saw the silver vehicle accelerate towards her husband and veered . into him, striking him with the vehicle.111111.1011 said her husband "flew into the air" and struck the ground. said she helped him up', got him into the vehicle and was going to take him to the hospital before I pulled her over. . I asked if.she knew who the subjects were that were fighting and she said no. I asked her if she knew whatihe fight was about and she said no. I asked her if there was anything else she wanted to add to her statement or anything else about the incident she wanted to talk to me about and she said no. No further questions were asked oallS. i ADDITIONAL INFORAMTION: ss transported to Arrowhead Regional Medical Center for treatment. I responded to the hospital to obtain a statement from him and check on his injuries. REPORTING OFFICER DATE I REVIEWED BY .TYPED BY ROUTED BY DATE .1.JACKSON 08622 8/24/09 57270 'FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD fikES ❑ NO ❑ Detective ❑ CII ❑ Other C15-151B4-401 Rev. 1/83 ❑ 015E Aty. ❑ Petrol E & F - 53 • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 1109010319 - CALIFORNIA REPORT AREA • CA 03600 Page 3 CODE SECTION CRIME CLASSIFICATION I PC 245(A)(1); VC 23152(a).23153(b) I ADW, DUI WITH INJURIES; +.08%BAC I LA FELONY i VICTIM:S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • VICTIM STATEMENT: alliallilt I made tact witi_1 in the emergency room of Arrowhead Regional Medical Center. was lying on his back. There were various machines attached to his body and he had a neck brace on. .dvised me he was very sore and he could not remember exactly what had happened. a following is a summary of what could remember about the incident 111111111111aid he and his wife were at Omaha Jacks. said when they walked out to the parking lot he saw several subjects fi hting. said he did not know who the subjects were and why they were fightin aid all of a sudden he was now being punched and kicked by two Hispanicq rfiales. said the next thing he knew he was hit by a vehicle. MEW said he could not make out who the driver was of the icle and only remembers the vehicle coming towards him at a high rate of speed. I aske I if he would be able to identify any of the subjects who were fighting and he said no, he did not know anyone's name. I asked—if there was anything else he wanted to add to his statement and he said no. No • further'rquestions were asked o — &I PHOTOGRAPHS: • 1 I took digital photographs of the victim at the hospital. See attached copies for additional information. DISPOSITION: Please forward this supplemental report to the original report by Deputy Clark. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY • DATE J.JACKSON C8622 824109 B7270 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑SD/PD -P YES ❑ NO ❑ Detective ❑ CII 0 Other • - ' ❑ Dist Atty. 0 Petrol 15.15184-401 Rev. 1B3 E & F - 54 • CASE NO. • SHERIFF'S DEPARTMENT • • COUNTY OF SAN BERNARDINO 11 091 031 9 CALIFORNIA REPORT AREA • CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION PC 245(a)(1) ADW I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE I PHONE SUPPLEMENTAL REPORT ASSIGNMENT/ARRIVAL: On Sunday, 08/23/09, I was assigned to uniform patrol as 11 R31 in the city of Rancho Cucamonga. At about 0156 hours, I was dispatched to the area of.Foothill Boulevard and Rochester Avenue reference a fight occurring in the parking lot. I arrivea on scene at about 0158 hours and conducted several interviews with involved parties. INVOLVED PARTY #1 INTERVIEW: I contacted in the parking lot of the Omaha Jacks Restaurant. The following is a summary of my interview with her. I was celebrating her birthday at the establishment and having several drinks and food wit rlen s. Several unknown subjects in the bar began arguing with her group and MUM decided it was time to leave. nd her party went to the parking lot where her boyfriend, _. ._, was waiting in a ve icle. While was in the parking lot the subjects approached her and __. . the subjects cla— imed they were from Mara Via and this was their town and thee anlallIshould leave. The subjects began hitting nd pushed her to the ground. An unknown female and an unknown male punched several times while she was on the ground. sustained minor injuries and dec fined medical at pjio' n and did not desire prosecution against the unknown suspects for PC 242, battery. was inside the 2004 Chevy Impala that struck the victim in the parking lot but she claimed she did not see anything. said ./as the driver of the Chevy Impala at the time it struck the victim. This concluded my interview with her. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE D. RICE B6731 8/25/09 87270 FURTHER ACTION: COPIES TO: ❑ Other SD/PD REMARKS ❑ °S ❑ NO ❑ Delwin ❑ CII ❑ Other` ❑ 'l_:W Ms).Any. ❑ Petrol 5tB401 Rev. 1/e3 :C 4 E & F - 55 • • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110910319 CALIFORNIA REPORT AREA • CA 03500 Page 2 CODE SECTION CRIME CLASSIFICATION PC 245(8)(1) I ADW I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) • ADDRESS RESIDENCE PHONE INVOLVED PARTY #2 INTERVIEW: I contactedallan the parking lot of Omaha Jacks. The following is a summary of my interview with him. WO told me he was jumped in the parking lot by at least 5 — 6 Hispanic males all with shaved heads. as pushed to the ground and punched several times in the face and body. MIN fought bac and struck the subjects to defend himself. also declined prosecution and received medial trestia. .t from Rancho Cucamonga Fire for injuries sustained in the fight. During the Inte ' told me he would not appear in court and testify aaainst anyone involved in the fight. was riding in the.2004 Chevy Impala driven by when the victim was struck by the car inside the parking lot. old me he did not se hit the victim because he was lying down in the backseat of the vehicle. This concluded my interview with I INVOLVED PARTY#3 INTERVIEW: • I ---- I contacted Sill in the parking lot of the Omaha Jacks parking lot. The following is a summary of my interview with her. bad consumed several alcoholic drinks inside the business and was celebrating irthday. As the group left and were in the parking lot several subjects approached em and started fighting with them. was not involved in the fi ht but was inside the 2004 Chevy Im al and was trying•to leave the area when Police arrived. J told me was driving and as they sped out of the parking I accidentally ran over t e victim. told me she was scared and I was able to sme a strong odor of an alcoholic beverage on her breath and person as well as all the involved parties in the parking lot. This concluded my interview with her. - . REPORTING OFFICER DATE REVIEWED BY TYPED BY. ROUTED BY I DATE D.RICE 86731 6/25/09 87270 FURTHER ACTION: '. COPIES TO: REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ co ❑ Other • "1'15704 01 Rev. 1/83 ❑ DIet.Atty. ❑ Pad i-.y. E & F - 56 SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110910319 CAUFORNIA REPORT AREA CA 03800 Page 3 CASE NO. j - CODE SECTION CRIME CLASSIFICATION j PC 245(e)(1) ADW I FELONY V VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INVOLVED PARTY #4 INTERVIEW: _...._.., • _ _ . .____L. .. _ ;,irlfriend and was waiting inside the Chevy Impala when her boyfriend arrived and tried to leave the scene as Police were arriving. did not see the fight and only saw a large group of people struggling in the parking lot. was unable to identify an of the people but was seated in the front passen er seat when the vehicle struck the victim. told me she t. did not think her boyfriend , tried to hit the victim and that it was all an accident. During.the figh noticed 6 or 7 subjects were on top of her boyfriend in the parking lot and said "we just wanted to ge away". This concluded my interview with INVOLVED PARTY #5 INTERVIEW: I ' •Cofltacter in the parking lot of Omaha Jacks following this incident. l was left at the scene by his party because he was overwhelmed during the fight. as seated in his vehi a when he observed his girlfriend, r fighting wi several subjects. his ran to her aid only to be overwhelmed d beaten to the ground.several hit several times by at leasV5 to 6 subjects. told me he did not desire prosecution against the subjects and did not want to have to appear in court for any reason. as tased by Deputy Clark during the fi ht and lay prone on the ground during the veh a versus pedestrian collision that occurred. sustained minor in urie nd was treated at the scene by Rancho Cucamonga Fire. This concluded my interview wit DISPOSITION: Forward this supplemental report to the original report by Deputy Clark. Forward entire report to the District Attorney's Office for review and prosecution. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE D. RICE B6731 6/25/09 B7270 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD its '❑ NO ❑ Detective ❑ CH ❑ Other pa- 5184-401 Roy. 1/83 ❑ Dist.Atty. ❑ Patrol E & F - 57 1510003Yw.cm ICANI 1.COOS SECTION 2.CRIME DERMTON 3.CASE NUMBER-STATION F PC 245 ASSAULT WITH A DEADLY WEAPON W SHERIFFS DEPARTMENT M 110912343 COUNTY OF SAN BERNARDINO,CA Other UNIFORM CRIME REPORT 4.ASSIGNED M.DAY.YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 5.BEAT 7.REPORT DIET. =MGM 10111x2009 01:55 � 10/11/2009 01:55 I 11 . 8.OCCURRED DAY.OF.WEEWMO.DAY.YEAWTIME 9.REPORTED MO-GAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY SUN 0/11/2009 01:55 10/11/2009 01:55 FOOTHILL BLVD./ROCHESTER AVE., RANCHO CODES FOR BOXES 12622 ARE: V• VICTIM W . WITNESS RP• REPORTING PARTY DC• DISCOVERED CRIME IP • INVOLVED PARTY ✓ 11.HAW:LAST,FIRST MIDDLE(FIRM NAME IF ABUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE C V . • T ' U 15.OCCUPATION 16.RACE/SEX 17.AGE 18.DOB M-O-YR 19.BUSINESS ADDRESSES REET.CRY-ZIP 20.BUSINESS PHONE H/M W 21.MAME:LAST FIRST.MIDDLE(FIRM NAME IF BUSINESS) 22. 23.RESIDENCE ADDRESS-STREET-CRY-ZIP 24.RESIDENCE PHONE T . • V . N 6 25.OCCUPATION 28.RACE/SEX 27.AGE 28.DOS MO-YR 25.BUSINESS ADDRESS-STREET.CTTY-ZIP 30.BUSINESS PHONE . S I W/M II RIIRPcnT Nn I I ACT CIPCT MIDDLE 31 RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37.EYES 38.DOBM-O-Y 39.ARRESTED 40.INTERVIEWED - - H x M 25 507' 190 BLK BRO 04/19/1984 EYES 0 NO E YES 0 NO S • U 41.RESIDENr.••--- 42,CLOTHING AND OTHER IDENTIFYING WRN.SICHARACTERISTIGS s _, . . CDLSD3271457 E• 43.SUSPECT NO.2 LAST,FIRST MIDDLE 44.RACE/SEX 45.AGE 46.HEIGHT 47.WEIGHT 48.HAIR 49.EYES 50.DOS M•D-V 51.ARRESTED 52.INTERVIEWED T . H/M 24 6'01" 220 BLK BRO 12/03/1984 E YES 0 ND E YES 0 No S 53.RESIDENCE ADDRESSSTREET-CITY•ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS COLOR/07644 . 55.CHECK IP MORE NAMES IN CONTINUATION ®YES ONO 56.ADDITIONAL INFORMATION EVICTIM EWITNESS EOFFICER lit OTHER I 67.PHYSICAL EVIDENCE RECOVERED DYES ENO 58.PHOTOGRAPHS TAKEN EYES 0 NO 59.LATENT PRINTS LIFTED Oros ENO N VEHICLE 61 COLOR 52.YR. 53.MAKE 54.MODEL .BODY TYPE 5.LICENSE 67STATE 68.DAMAGE/OODITY/ACCESSORIES 0 E Ll V BLUE '2005 I FORD MUSTANG r CP CA I WITH WHITE STRIPES 59.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION:0 HIGHWAY DOTHER BUSINESS 0 SERV.STATION 0 CURING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE 0 RESIDENCE 0 BANK 0 MISC. 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT E OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY R 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE 0 RESIDENCE 0 VEHICLE- M 0 UNKNOWN 0 ATTEMPT BY FORCE 0 NON-RESIDENCE(BUILDING) E 72.LARCENY 0 PICKPOCET '0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS 73 PROPERTY STOLEN STOLEN STOLEN • TYPES CURRENCY,NOTES 5 TV.STEREO.ETC. S CONSUMMABLE GOODS S S 8 JEWELRY S FIREARMS S LNESTOCK S T VALUES CLOTHING.FURS S HOUSEHOLD GOODS S OTHER MISC. S A T OFFICE EQUIPMENT 5 ' 0 IDENTIFIABLE PROPERTY TAKENO NCIC ENTRY COMPLETED TOTAL S B 74.DOMESTIC VIOLENCE INJURIES 0 NONE 0 MINOR 0 MAJOR WEAPONS: 0 YES 0 NO 75:PEACE OFFICER ASSAULTED/ARSON 0 YES IF YES.COMPLETE BOXES 1.2.3.4.AND 34 OR 35 ON CR-4 FORM. 78.SYNOPSIS On the above date and time,Deputies were dispatched to a possible traffic accident in the area of Foothill Boulevard and Rochester Avenue.Deputies • s arrived and began an area check for the.incidenf.While searching the area deputies located a large fight in the southwest parking lot.There were ✓ several subjects fighting and deputies began to disperse the crowd,when a female was yelling for help.Deputies observed a male and female lying on o the ground and began to walk towards them.A blue mustang turned the corner striking a subject who was on the ground and several subjects began p telling the driver to stop.Deputies ran to the driver and advised him to stop and the subject accelerated the vehicle striking two subjects and almost s striking the deputy.The vehicle accelerated and fled the area.The vehicle was located and the subject was found to be intoxicated.The driver was s arrested and booked at W.V.D.0 for the booking process. • 77.REPORTING OFFICER 70.EMI.4 T9.DATE 80.R DATE 81.RO D TO M. MASON 08781 I 10/lll2009 II N"1 II MEDITE DIA 0 OTHER �D�/( U IMMEDIATE Fpupw UP • 82.REPORTING UAU OFFICER No ) ®YES 0 IS 1IS OFIFD ARs K Tem_sc.Abr 'ang Case Yes '+ .' . E &-F '= '61 • Page of r ' CASE NUMBER 110912360 SHERIFF'S DEPARTMENT DUI EVALUATION / ASSOCIATED CASE • ARREST REPORT COUNTY OF SAN BERNARDINO,CA BEAT 6 I REPORT AREA 0006 03600 OCCURRENCE VIOLATIONS • ❑VC2JI52A 0 vc23152d _oF431011 FOOTHILL BLVD/ROCHESTER AVE ®VC23153A ® VC23153B Date/Time 10-11-2009 / 0225 ❑Other Collision Related ❑Yes 0 N • SUSPECT'S IDENTITY fiddle Age 1 Date-of-Binh Sex Hair Eye HE' Wgt . I 25 _NI I BLK I OHO I 5'6 1 00 Driver's License it State Address/City/Smte/Zio CA ( - VEHICLE - Year Make Model Color LUcense.Smte Disposition: ❑Parked and Locked(Per Driver) ®Stored . 2002 FORD MUSTANG BLUE . Tow Company: STEVES • Released To: Name DUI OBSERVATION OF DRIVER FACE 0 Normal 7 Flushed ❑ Pale ®Sweaty ❑Other ... SPEECH ❑Normal 10 Slurred 121 Stuttering ❑Incoherent ®Confused 0 Other BREATH !Odor of Alcoholic Beverage 0 None ❑Other EXITING VEHICLE •❑ Lost Balance' ❑Used Vehicle to Maintain Balance ®Other OUTSIDE VEHICLE PRELIMINARY INTERVIEW Have you been drinking? ❑Yes ❑No What? 1 Now Much? When? • Do you have any physical defcu? Ye. ']No ve you taken any medicine or drugs? 0 Yes ❑No Do you have any medical problems? ❑ Yes ❑No Are you sick or iniured? ❑Yes ❑No • Comments: • STANDARDIZED FIELD SOBRIETY TESTS . SURFACE,LIGHTING,WEATHER FLAT—SPOT-CLEAR EYES I RHOMBERG I rti In( Normal ®Watery ® Bloodshot ❑Glasses ❑Contact Lenses BALANCE EYES CLOSED 3 .... .... BLINDNESS ❑Right Eye ❑ Loft Eye Internal Clock Horizontal Gaze Nynagmus ®Yes ❑No Estimate 30 Seconds: Lack of Smooth Pursuit ®Yes ❑No Vertical Gazc Nystagmus ❑Yes ®No WALK AND TURN I Footwear. Cannot Do Test ❑ Explain: • Describe Turn: a CM es Ca ea Own Om 'w . t Anns Used For Balance ❑Ycs ❑No Starts Too Soon ❑Yes ❑No .aiaSS%.Ear e4Dseat a Sues Off line Stow!earth,: C1 liaises Anna Mince Kett-Tor • Reporng Olket Empty - Dale , Reviewed by: ' Date Prop 1 15 Qualified • CLARK I i B5735 j 1011.2009 I 1 ; ®Yes ❑No • ^" 15-19253-401 . ARS_RaidIrEt_TCOL_SCAN E & F — 62 . i t Page of STANDARIZEDFIELD SOBRIETY TEST 1. DONE LEG STAND ' FINGER TO NOSE I Draw Lines to spots touched L R ❑ ❑ Sways while balancing . 0 , / 0 it 1 \4 V (1„-`1J ❑ ❑ Uses arms to balance R ❑ ❑ Hopping c ❑ ❑ Puts foot down . O R:pbt ❑l en • PRELIMINARY BREATH TEST • IS Refused I ❑Not Available I Results: I,Brand/Serial N . - CHEMICAL.TESTS ®BREATH-Results: 1 Test NI .24% I Test#2 Name and Title of person taking sample ('Blood&Urine) ❑ BLOOD-BA Kit N 223487 (•) P VENEGAS, CPT _ ❑ URINE-Urine Kit N (') ®REFUSAL-See DMV Refusal Form INTOXICATION INTERVIEW MIRANDA: ❑Yes la No By: 1 ime : Location: What have you eaten today? I When did you sleep last? j How long? •Whal have you ban dunking? I How much? --- —I Time stoned?- - I Time of last drink? TFttI effect . ❑Yes ❑No Did you bump your head?- I Have you been drinkin ince the accident?- I What? I How much? — _ — Does your Vehicle have mechanical problems? Were you driving the vehicle? ❑Yes ❑No Describe: I ❑Yes ❑No ATTITUDE ❑Cooperative ® Insulting ❑Combative ❑Other NARRATIVE • • Continue On CR-2 01/2002 Copyright 0 1993 by San Bernardino County Sheriff e Department-All Rights Reserved DMP E & F - 63 • CASE NO. SHERIFF'S DEPARTMENT • • COUNTY OF SAN BERNARDINO 4109123443 • CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION �( PC 245 I ASSAULT WITH A DEADLY WEAPON I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ASSIGNMENT/ARRIVAL: On 10/11/09, I was assigned to routine patrol in the City of Rancho Cucamonga. I was dressed in a standard Class A uniform and driving a Sheriffs marked patrol unit. At approximately 0155 hours, I was dispatched to the area of Foothill Boulevard and Rochester Avenue in the City of Rancho Cucamonga, in reference to an unknown traffic accident with injuries. While en route, a reporting party called in and stated subjects hit the reporting party's boyfriend with a bottle and he is not breathing. After searching the immediate area of Rochester and Foothill and seeing the supplemental added in• by'the reporting party, I went to the southwest corner where there are several local bars and began to drive in the parking lot. Upon driving in the parking lot, I witnessed a large crowd gathering and I began to make my way towards the location. As I made my way to the location, I could hear several subjects screaming and saw a small group of subjects with 1 guy on the ground. Several subjects were kneeling around him with 3 cars trying to leave the area. I immediately activated my overhead • red lights, exited my unit and began to walk towards the subjects. As I began to walk towards the subjects, I saw 1 subject lying on the ground and several people trying to render help to them. Upon . walking closer to the subjects, I heard a loud car coming from somewhere in the parking lot area rounding the corner coming directly at the group of people that were trying to render medical aid to the subject that was on the ground. The blue car later found to be a Mustang accelerated around the corner, stopping directly in front of the subjects that were on the ground and the subjects began to . yell to the driver to stop. The driver had no regard and accelerated his engine striking a female, pinning her underneath the bumper of the vehicle and accelerating again causing 2 more subjects to fall to the ground. After the driver struck the subjects who were on the ground, I immediately began to run towards the driver and the vehicle. DRIVER CONTACT: After the subject hit the people who were rendering help and the subject that was trying to get him to• stop causing him to fall to the ground, I began to run towards the driver yelling at him "Sheriff's Department, stop", along with several other subjects. The driver looked over at me, smiled and accelerated his car again in an attempt to get away from me. I•continued to run towards the vehicle and as the driver accelerated away I again yelled "Sheriff's Department stop." • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MASON C8781 10(13/09 _ 07391 • FURTHER ACTION: COPIES TO: REMARKS ❑ Other U SD/PO 0 YES 0 NO U Detective U CII U Other • 15-15184-40t Rev. 1/83 U D¢t.Atty. ❑'Patrol E & F - 64 • • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO . 1 CASE ASE NONO 43 • CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION . CRIME CLASSIFICATION PC 245 I ASSAULT WITH A DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE The driver accelerated leaving tire marks and dragging 2 subjects approximately 25 yards down the parking lot area, I continued to run after the vehicle, again giving him several commands to stop. The driver turned the corner, turned off his headlights and fled the parking lot area. Upon the exit of the parking lot area he turned southbound onto Rochester. I immediately ran to my patrol unit and attempted to give chase by driving out exiting onto Rochester where approximately 50 yards in front of me I observed the vehicle, blacked out, driving southbound on Rochester. I activated my overhead red light and siren and the vehicle continued to travel southbound on Rochester turning westbound onto Arrow Route from Rochester and yielding. TRAFFIC STOP/FELONY STOP: After activating my overhead red light and siren, the vehicle finally yielded on Arrow, west of Rochester. Based on the totality of the crime, I exited my unit and continued a felony stop making contact with a driver and the front passenger, pulling them out of the vehicle and detaining both • subjects. There were no other subjects found inside the vehicle. The driver was later found to be and the passenger was . After both occupants of the vehicle were detained, Deputies went back to the incident location. .1 AREA CHECK: After conducting the traffic stop and detaining the drivers, Deputies went back to the incident location located on the southwest corner of Foothill and Rochester where they found several subjects lying on the ground. Medical aid was on scene and began to treat the victims. VICTIM CONTACT: Victim #11111.a was being treated by AMR and was interviewed by 11P15 Deputy Scott. For additional information refer to his supplemental report. Victim #2 — -- - — was sitting on the curb and was interviewed. The following is a summary of his statement. stated he was out in the parking lot and a friend began to argue. A small altercation occurred and re was a male on the ground. stated he went over to render help to the male and a blue Mustang turned the corner and h) Is rend. REPORTING OFFICER DATE REVIEWED BY TYPED EY ROUTED BY DATE M.MASON 08781 10/13/09 C7391 FURTHER ACTION: COPIES TO: ❑ t ❑ SD/PD REMARKS ifYES ❑NO ❑ Detective ❑ CII ❑ Other 5-15184401 Rev. 1/83 ❑ Dist.Atty. ❑ Petrol E & F - 65 • CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 110912343 • REPORT AREA CALIFORNIA CA 03600 Page 3 CODE SECTION RIME CLASSIFICATION PC 245 I ASSAULT WITH A DEADLY WEAPON I FELONY VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS • RESIDENCE PHONE He stated he began to yell stop and the vehicle revved his engine, peeled out and hit him in his right side dragging him about 30 feet. He stated while he was being dragged he grabbed onto the window telling him to stop several times and several other subjects began yelling stop, including the Police. • He stated he had some road rash to the right side of his body and refused any and all medical attention at the scene. This concluded my interview with victim # .. • WITNESS #1: • v stated he was in the south parking lot and people he knew were fighting. He stated a black Samoan with long hair pushed dowh his friend and he was lying down on the ground where they were rendering help. He stated he saw his friend` get run down by a blue Mustang with 2 males in the car.• He stated the vehicle peeled out and he ran over to attempt to help and was hit on the left wrist • area by the vehicle. He stated the Cops were there, were yelling stop and the vehicle did not listen and peeled out fleeing the area. He stated after the vehicle fled, the Police gave chase and had no further comment regarding the incident. • I WITNESS #2: stated she was at the above location, her friend was on the ground and a blue car came around the corner striking several people causing them to fall.to the ground and fled the area. She stated she was there for her birthday party and the people on the ground were her friends. She said several people tried to intervene including the Police. This concluded my interview with WITNESS #3: _was at the above location and stated there was guy lying in the street involved in a fight and a blue Mustang came towards the subject who was on the ground. She said the•vehicle stopped and several subjects were telling him to stop and wait. She stated the Mustang accelerated and hit 3 subjects. She stated she heard Deputies yelling at the driver to stop but the vehicle didn't stop and continued to flee. She stated she did not know why the 2 guys in the car didn't-stop. This concluded my interview with the witness. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MASON. C8781 1 10/13/09 I C7391 FURTHER ACTION: REMARKS • COPIES TO: 0 on 0 SD/PD • • .0 YES 0 NO 0 Derve 0 CII 0 Other • mct 'I. 15.75184-0(71 Rev. 1R3 0 Dist.Arty. 0 Petrol E & F - 66 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912343 CALIFORNIA REPORT AREA CA 03600 Page 4 CODE SECTION CRIMES CLASSIFICATION PC 245 I ASSAULT WITH A DEADLY WEAPON I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INJURIES: Victim #1 was transported to Arrowhead Regional Medical Center for complaint of pain and numbness and tingling to his lower extremities. At the time of this report at 0500 on 10/11/09, there was no update on the victim's condition at Arrowhead Regional Medical Center. Victim #2 had road rash to his right side and refused any and all medical attention. Witness #1/victii obtained minor lacerations to his left elbow and had swelling to the left elbow area. PHOTOGRAPHS: • Photographs were taken of the injuries and were placed into DIMS at the Rancho Cucamonga Police Station. 1 • ADDITIONAL INFORMATION OFFICER: • • After conducting a traffic stop on the suspect vehicle, the driver had a strong odor of an alcoholic beverage coming from his person, slurred speech, red bloodshot watery eyes and an unsteady gait. 11X2 Deputy Clark arrived on scene and he conducted a.DUI investigation. For additional refer to his attached supplemental report. Passenger #2 had slurred speech, red bloodshot watery eyes, an unsteady gait and was found to be intoxicated, unable to care for himself. He was also found to be in violation of PC 647(f) and was arrested and booked. BOOKED: Both subjects were trans ort d to West Valley Detention Center where they were booked on the charges of PC 245 fort and PC 647(f) forte After the subjects were transported to West Valley Detention Center they were booked and Deputies had no further contact. REPORTING OFFICER DATE I REVIEWED BY TYPED BY ROUTED BY DATE M.MASON C8781 10/13/09 C7391 FURTHER ACTION: REMARKS COPIES TO: U Other D SD/PD ifYES 0 NO 0 Detective 0 CII 0 Other 5-15186<01 Rev. 1/B3 ❑ Dist A . 0 Patrol I - E & F - 67 • CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 110912343 CALIFORNIA REPORT AREA • CA 03600 Page 5 CODE SECTION CRIME CLASSIFICATION PC 295 - I ASSAULT WITH A DEADLY WEAPON I FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) • ADDRESS RESIDENCE I PHONE CHEMICAL BLOOD DRAW: A chemical blood draw was performed or1_ For additional refer to 11X2, Deputy Clark's supplemental report. DISPOSITION: Case cleared by arrest. Forward this report to District Attorney for review and filing of the above charges. • • • .I • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MASON C87111 10/13/09 C7391 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑SD/PD ❑ YES ❑ NO ❑ Detective ❑ co ❑Other • .i-15184-401 Rev. tB3 ❑ Dist.Atty. ❑ Petrol E & F - 68 • • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110912343 CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION • PC 245 ASSAULT WITH A DEADLY WEAPON FELONY VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE SUPPLEMENTAL ASSIGNMENT/ARRIVAL: • On 10/11/09, I was dispatched to the area of Rochester and Foothill Boulevard, the Omaha Jack's Steakhouse parking lot, for an in progress PC 245. I arrived on scene and was assigned to interview 1 of the victim's involved in the incident. I made contact with victim in the parking lot of the above incident location. Mw as strapped to a backboard and being attended to by Rancho Cucamonga Fire Department and AMR paramedics. He was identified by a valid Ca ifornia driver's license and provided the following information. The following is a summary of interview. INTERVIEW VICTIM: • I interviewed _.. in the back of an AMR ambulance at the scene. a said he and his friends were leaving the-Omaha Jack's Steakhouse bar. He said there was some type of commotion going on and he told his friends hey lets go and get out of here before we get involved in this. As he was walking out into the parking lot leaving the bar, he said somebody hit him from behind. He fell to the ground, stood up and heard the squealing of tires. He turned, looked and saw a blue Ford, Mustang with white stripes on the hood. He saw that there was a white male driver. As he saw this he was struck on his left side and knocked to the ground by the vehicle. He said he stood up and watched as the vehicle fled the scene southbound through the parking lot. He said he did not know the driver of the vehicle. He said he would be able to identify the vehicle if he saw the vehicle again but was unsure if he would be able to identify the driver of the vehicle. He said he does not know why the vehicle hit him or why there was a fight that ensued prior toile desired prosecution for this incident, he had no additional information and no additional questions were asked Sill ADDITIONAL INFORMATION: Attach this supplemental report to Deputy M. Mason's original PC 245, assault with a deadly weapon report. REPORTINO OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE • M.MASON 08781 10/13/09 C7391 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑SD/PD • Ilk YES ❑ NO ❑ Detective ❑ CII ❑ Other 4S-15184.401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol E & F - 69 • • CASE NO • SHERIFF'S DEPARTMENT 110912343 • COUNTY OF SAN BERNARDINO CALIFORNIA REPORT AREA CA 03600 Page 1 RC RI VC 23153(a),23153(b) I DUI,+.OB°/.BAC I FELONY T n" VICTIM'S NAME.-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) People of the State Of California ADDRESS RESIDENCE PHONE Assignment/Arrival: • On 10-10-2009, between the hours of 1800 and 0400, I was assigned to traffic enforcement in The City of Rancho Cucamonga as 11 X2. On 10-11-2009 at 0155 hours, Deputies were dispatched to the area of Foothill BLVD and Rochester • AVE in reference to a vehicle vs. pedestrian collision. Deputy Mason, who was assigned as 11R11, was in the area at the time of call. Deputy Mason observed a blue Ford Mustang which had been involved in the incident fleeing the area. Deputy Mason eventually caught up the vehicle and initiated the traffic stop. A felon stop was conducted on the vehicle in the area of Rochester AVE /Arrow RTE. The Driver was handcuffed and detained in the rear of a sheriffs patrol vehicle. For additional information refer to original report by Deputy Mason. • Driver Contact I • I made contact with is he sat in the rear portion of a patrol vehicle. I opened the door to the vehicle, and was overwhelmed by the odor of alcohol from the rear compartment of the vehicle. I had exit the vehicle and preformed Horizontal Gaze Nystagmus. I asked he was willing to submit to additional field sobriety tests, he refused. I read E his Miranda rights, he answered "Yes" to question one indicating he understood his rights, 'efused to answer question two, indicating to me he did not wish to speak to me about the incident. injuries: • Refer to original report by Deputy Mason. Objective Indicators: During my contact with , I observed his face to be sweaty, his speech was unusually slow and his coordination was poor. There was a strong odor of an alcoholic beverage coming from his breath and person. . .yes were watery and red. I checked them for Horizontal Gaze Nystagmus and found it to be present • roblems & Medications: refused to answer an nuestinns REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Clark 86735 10-11-2009 Nit FURTHER ACTION) COPIES TO: Other SD/PD REMARKS ❑ D • ❑ YES ❑ NO ❑ Detective ❑ cii ❑ Other • ...-15184.401 Rev. 1/87 ❑ Dist M . ❑ Patrol • E & F - 70 ii SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO CASE NO.110912343 CALIFORNIA REPORT AREA CA 03600 Page 2 RC • f • VC 23153 fin, 23153(b) . I DUI,«AB To BAC I FELONY j^' I • VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) People of the State Of . • Callfornla ADDRESS RESIDENCE PHONE Field Sobr'et Tests: • • - efused to submit to the field sobriety tests asked of him. P.A.S. Advise! and Results: efused to 1111111Dmit to a PAS. Arrest/Transportation: Based on the totality of my observations and investigation, It is my opinion tha'was under the influence of an alcoholic bev rage and unable to operate a motor vehicle with the same caution as a saber individual was placed under arrest for CVC 23153(a) and CVC 23153(b), he was handcuffed to the rear, the handcuffs were double locked, and he was secured in the rear locked portion of my patrol vehicle. I late"r transported—to the West Valley Detention Center for booking. 0 Disposition of Vehicle: The vehicle was stored at Steve's Towing. The vehicle keys were sent with the vehicle. A teletype I was sent to sheriffs records. For more information see attached CHP-180 form. Chemical Test Admonition: I advised ESTRADA that under California State law he was required to submit to a blood or breath test. Refusal to submit to or failure to complete the required chemical test could result in a fine and mandatory imprisonment If convicted of a violation of CVC 23152 or CVC 23153, and suspension or revocation of driving privileges for a period of one to three years. Ical Test: requested to submit to a breath test at West Valley Detention Center. He was observed for fifteen minutes prior to the start of the test. His test result was BrAC of .24%, he was unable to complete a second test as required At 0303 hours, Tammy Weinberg of Law Enforcement Medical,Services withdrew the blood sample in the blood-alcohol room. I observed the blood withdrawal, took possession of the blood and later booked the blood into sheriffs evidence at the Rancho Cucamonga Police Station. REPORTING OFFICER DATE REVIEWED BY TYPED BY I ROUTED BY I DATE Clark 66735 - 1 10.11-2008 NTC FURTHER ACTION: COPIES TO: ❑ Omer D SD/PD REMARKS • ❑ YES ❑ NO ❑ Detective ❑ CH ❑ Other &15184-401 Ray. 1/83 ❑ DISI.Any. ❑ Pawl E & F - 71 SHERIFF'S DEPARTMENT 110912343 • COUNTY OF SAN BERNARDINO CASE NO. CALIFORNIA REPORT AREA CA 03600 Page 3 RC •VC 23153 E•LAST 23153 NAME(b) DUI, +.08 %BAC • I FELONY�T^• VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) People of the State Of California ADDRESS RESIDENCE I PHONE Additi aIInf ' In add ion to the driver of the vehicle here was a second occupant, identified as 111111111111. At the time of the traffic stop lisplayed multiple symptoms of intoxication . including,.bloodshot /watery eyes, strong odor of alcohol, being unsteady on his feet and the inability to follow simple direction's given to him. Biased on these objective symptoms I determiner was unable to care for himself, he was placed under arrest, handcuffed and later transported to the West Valley Detention Center for booking.faillr was issued and signed,citation #3038461 for P.C. 647(f) Public Intoxication with a promise to appear in court at a later date Booking: was booked in at the West Valley Detention Center for CVC 23153(a) Driving Under the Influence\and CVC 23153(b) Driving Under the Influence with a BAC over .08% causing injury or more. was issued and signed citation or P.C. 647(f) Public Intoxication with a promise to appear in court at a later date • Disposition: • Case cleared by arrest. Forward this report to the Rancho Cucamonga District Attorneys Office for review and filing. • • REPORTING OFFICER I DATE REVIEWED BY TYPED BY I ROUTED BY I DATE Clark B6735 10-11-2009 NTC FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NC) ❑ Detective ❑ CII ❑ Other • • J5.15184-401 Rev. 1/87 ❑ DIet.Atty. ❑ Patrol E & F - 72 • • I R5-106 -Rev.0/92(CR1) • 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER-STATION FEE F PO P45 ASSAULT WITH A DEADLY WEAPON SHERIFFS DEPARTMENT A M 111000176 NR CRIME SAN BEPORT NO,GA LJ Other - RM CRIME REPORT 4.ASSIGNED MO-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT 7.REPORT DIST. 360000 01/06/2010 00:33 01/06/2010 00:35 04 RC074 8.OCCURRED DAY-OF-WEEK/MO-DAY-YEAR/TIME 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY WED 01/06/2010 00:20 01/06/2010 00:33 11837 FOOTHILL, RANCHO CUCAMONGA WED 01/06/2010 00:30 CODES FOR BOXES 12&22 ARE: V = VICTIM W = WITNESS RP = REPORTING PARTY DC = DISCOVERED CRIME IP = INVOLVED PARTY ✓ 11.NAME:LAST.FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CITY-ZIP '14.RESIDENCE PHONE V T M15,OCCUPATION 16.RACE/SEX 17.AGE 18.DOB M-D-YR 19.BUSINESS ADDRESS-STREET-CITY-ZIP • 20.BUSINESS PHONE W 21.NAME:LAST FIRST.MIDDLE(FIRM NAME IF BUSINESS) 22. 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE TN V _ E $ 25.OCCUPATION 26.RACE/SEX 27.AGE 28.DOB M.D-YR 29.BUSINESS ADDRESS-STREET-CITY-ZIP 30.BUSINESS PHONE 5 31.SUSPECT NO.1 LAST.FIRST MIDDLE 32.RACHSEX 33.AGE 134,HEIGHT 35.WEIGHT 36.HAIR 37.EYES 38.DOB M-D-Y 39.ARRESTED 40.INTERVIEWED IIIIIMIIIIIIII=F 37. 0 NO 0 YES 0 NO 5 - I I 1 U 41.RESIDENCE ADDRESS-STREET-CRY-ZIP • 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S P 43.SUSPECT NO.2 LAST, . 44.RACE/SEX 45.AGE 46.HEIGHT 47.WEIGHT 48.HAIR 49.EYES 50.DOB M-D-Y 51.ARRESTED 52.INTERVIEWED E C 0 YES 0 NO 0 YES 0 NO T 5 53.RESIDENCE ADDRESS-STREET-CRY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 52 85-blita JF MOREMIAME SINCON7dNUATIDNha`"1DYP5 hin NO'S 't 4 a:tAi 5ortcDrnont IzJNFORMAT10NRt6tYIVICTJM MDYJIT. ESS t ❑DP.FICERI.EO'OLRER''`', 1. 670PI1 4SICAt4E.VIDENNCEIRECOVEREDIIYESIP'43tI NO..x 1I(f` zY':'8'PHOTOGRAPHS.TAKEN `LIr-YES 8AblND1 n+''"JF 84 IATEN'RPRINTS L'IFdED1.CW1'ES 1t 1334gE N1 VEHICLE.681 COLOR N 6 WR. 63XMAKE'j_t 84MM00EL 654BOD1ST E 66LICE1_4SE + ST STATE 68F➢AMAGefODDrr'1XCCESSORIES -y 1..R.r*IiyUFrL`j44 t y, a.. i xa 'I- g a Y k .. , "j't'w., 1 ': r'i tat -tSiMtt "-'v -iL�fq.1 _ F" 3: se....R _ Data- aws;9 Nd iv-.--. a..'.1rv4 r.. " dbi:;ast.. ..;?.-,i a...- M isa 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION:❑HIGHWAY COTHER BUSINESS 0 SERV.STATION 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE ❑RESIDENCE ❑BANK , 0'MISC. C 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON ❑HANDS/FEET 0 SIMPLE/NO INJURY RI 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE 0 RESIDENCE - 0 VEHICLE ' M ❑ UNKNOWN 0 ATTEMPT BY FORCE ❑ NON-RESIDENCE(BUILDING) E 72.LARCENY 0 PICKPOCET - . ❑ SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH ❑ FROM MOTOR VEHICLE 0 BICYCLES ❑ FROM COIN-OPERATED MACHINES 0 ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES $ TV.STEREO,ETC. $ CONSUMMABLE GOODS $ . S & JEWELRY $ FIREARMS $ LIVESTOCK $ T VALUES CLOTHING.FURS $ ' HOUSEHOLD GOODS $ OTHER MISC. . $ A T OFFICE EQUIPMENT S ❑ IDENTIFIABLE PROPERTY TAKEN El NCIC ENTRY COMPLETED TOTAL $ S 74.DOMESTIC VIOLENCE INJURIES ❑NONE 0 MINOR ❑MAJOR WEAPONS: 0 YES 0 NO 75.PEACE OFFICER ASSAULTED/ARSON ❑YES IF YES.COMPLETE BOXES 1.2,3.4,AND 34 OR 35 ON CR.4 FORM. ' 76.SYNOPSIS On the above date and between the times listed the subject identified by his CDL a--punched a staff member in the face with a s closed fist and then threw a large clear empty bottle through a pane of glass and injuring another staff members face the scene on foot ✓ but was quikly aprehended by deputies. N O P ' S S PORTING OFFICER 78.EMP.# 79.DATE 80.REVIEWED BY DATE 81.ROUTED TO MARTIN A9068 01/06/2010 - , k f i �) ❑IMBED TE FO ❑OTHER I t ❑IMMEDIATE FOLLOW UP 82.REPORTING OFFICER 1 - 1 1 i IS 115 QUALIFIED ❑YES 0 N 1'.' Th2 re Y E & F 73 ARS_F,higv_STAT'l'SCAN_ CASE NO. • • SHERIFF'S DEPARTMENT 111000176 COUNTY OF SAN BERNARDINO REPORT AREA CALIFORNIA Page 1 074 • n A CODE SECTION CRIME CLASSIFICATION PC245 Assault With Deadly Weapon Felony VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME IFIRM NAME IF BUSINESS) =IR&TNAME l4IDDLC--14AME Win1/44 AME1,c-auSINESS4 ADDRESS RESIDENCE PHONE Additional Charges; • PC 242,PC594 • Assignment I Arrival: • On 062809, I was assigned to patrol the city of Rancho Cucamonga as 11P14. I was assigned to respond to 11837 Foothill reference a fight in progress I arrived on scene and made contact with the victim. • Initial Officer Observations., As I arrived on scene I observed several people moving out of the doorway of the establishment. I • made contact with the first victim at the doorway, and was told the subject had ran away from the club. Victim Contact- I spoke with Sy my patrol vehicle .The following is a summary of what he told me. sold me he was observing his partner speaking to the subject just outside of the entrance doors of the club. He then saw the subject strike the other staff member in the face with a closed fist and step back then told me he saw the subject throw a bottle towards the other staff member but it missed and came through the glass pane of the door and pieces of it hit him in the face causing small lacerations to his chin area. .,. stated he did not need medical attention for his injuries. • Victim Contat • See attached supplementa • REPORTING OFFICER DATE REVIEWED BY ' TYPED BY ROUTED BY DATE N. Martin 010610 MM • °URTHER ACTION: REMARKS COPIES TO: ❑ SD/PD YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 I: Dist.Atty. ❑ Patrol E & F - 74 CASE NO. SHERIFF'S DEPARTMENT 111000176 COUNTY OF SAN BERNARDINO REPORT AREA CALIFORNIA Page 2 CL 074 r w mcm CO SECTION - CRIME CLASSIFICATION PC245 Assault With Deadly Weapon Felony . VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) FARSZ-NAME a--E--NAME rF1R4.4«NAME—IE-BUSINESS) hDDRESS RESIDENCE PHONE Victim Contact INS111111t I spoke with the door of his business. He told me he did not see the alterca ion between the subject and his staff members but did see the damage to his glass doo stimated the damage to be in excess of $700. Photos; Several photos were taken of the victim's injuries and the damage to the glass pane from the door. See attached Suspect Contact; fbe attached supplemental Briggs • Subject Interview. I spoke with while he was seated in the rear of my patrol vehicle. I advised his Miranda Rights verbatim from my county issued Miranda carcanswered "yes" to question one and "yes" to question two. The following is a summary of wha_old me. aid that he,had smuggled a bottle of liqueur into the club because he didn't have a lot of money. He said after a short time the staff confronted him about the bottle and took it from him while asking him to leave.OSstated the waited a few minutes then retrieved another smaller bottle and attempted to re enter the club.Said the staff member at the door was disrespecting him using profanity and telling him to "get the fuck out of here'al told me he then struck the staff member in the face with his fist and stepped back to throw the bottle at himagg said he missed the staff member and he saw the bottle shatter the lass in the door. He then ran away from the bar but was contacted by deputies shortly after. s •d he was very sorry for his actions and would gladly pay for the damage top the door. I aske if he intended to hit the staff members with the bottle and he replied "yes". I aske ere was anything else he wanted top say and he said no. I ended my interview wia this time. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE .rtin 010610 - MM ER ACTION: REMARKS COPIES TO: ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • E & F - 75 CASE NO. SHERIFF'S DEPARTMENT 111000176 COUNTY OF SAN BERNARDINO REPORT AREA CALIFORNIA Page 3 074 • /•A CODE SECTION CRIME - CLASSIFICATION PC245 Assault With Deadly Weapon Felony VICTIM'S NAME-LAST NAME FIRST NAMF MIDDLE NAME fFIRM NAME IF BUSINESS) FIRST NAVE f1 N A ME r^-4�1RM4IAMC—W-& SINESS4 (ADDRESS RESIDENCE . PHONE Transport/Booking; ✓vas transported to the West Valley Detention Center and booked without further incident. Disposition; Case cleared by arrest. Forward to DA for filing and prosecution. • • -A REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. Martin 010610 MM • ❑ SD/PD FURTHER ACTION: REMARKS COPIES TO: 7 YES ❑ NO ❑ Detective ❑ CO ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • E & F - 76 CASE NUMBER SHERIFF'S DEPARTMENT ' • 111000176 County of San Bernardino California REPORTING AREA • CA 03600 RC074 CODE SECTION CRIME CLASSIFICATION PC 245(a)(1) ADW Felony VICTIM'S NAME-LAST NAME,FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS . CONFIDENTIAL I ADDRESS PHONE NUMBER I 1 SUPPLEMENTAL ASSIGNMENT/ ARRIVAL: On 010510 at 2100 hours, I was assigned to work uniform patrol in Rancho Cucamonga. On 010610 at 0034 hours, I responded to Omaha Jacks reference a fight at the location. On 010610 at 0038 hours, I arrived at Omaha Jacks. Upon arrival, I contactafront of the location.®was found to be a victim of the fight. . INFORMATION: •puty Smith (11 P34) advised that he had a subject, matching the suspect description, detained on Rochester south of the location. I asked ea if he would be able to identify the suspect, and he told me that he would. IN-FIELD SHOW UP: On 010610 at 0048 hours, I transportedS where Deputy Smith had the subject detained. Prior to conducting the in-field, I rea e in-field show up admonishment from my department issued in-field show u card o me t at he understood the admonishment and did not have any questions tas in e ackseat of my marked patrol unit. I arrived on scene at 0049 hours. . Deputy Smith had the subject standing outside near the right rear bumper of his marked patrol unit. I stopped about 10 feet from where the subject was standing. I illuminated the subject with my spotlight and take-down light looked at the subject and immediately.stated that he was 100 percent positive that the subject was the one who assaulted him and threw the bottle threw the front door of Omaha Jacks. REPORTING OFFICER EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE P. Briggs B3499 010610 PRB HER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: i ❑NO ❑ Detectives ❑ CII 15-15184-401 Revised 1/83(CR2) ❑ District Attorney ❑ Patrol E & F - 77 CASE NUMBER SHERIFF'S DEPARTMENT 111000176 County of San Bernardino California REPORTING AREA CA 03600 RC074 • CODE SECTION CRIME CLASSIFICATION PC 245(a)(1) ADW Felony VICTIM'S NAME-LAST NAME,FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS CONFIDENTIAL ADDRESS . PHONE NUMBER VICTIM INTERVIEW On 010610 at about 0051 hours, I interviewain the parking lot of Omaha Jacks. The following is a summary of wha_ told me. ais head of security for Omaha Jacks. On 010610 at about 0030 hour—vas working inside Omaha Jacks. A security officer came up to la and handed him a bottle of liquor that was confiscated from the suspec escorted the suspect outside. The suspect admitted t� the he (suspect) brought the ottle inside the location. The suspect tolcthat he wane his bottle bacSold the suspect that he wasn't going to return the bottle and that he (suspect) had to leave the location. The suspect refused to leavitold the suspect that if he didn't leave, heawas going to call the police and have him arrested. The suspect left the location and returned about five minutes later, carrying a large bottle of liquor. The suspect entered the business • through the front doors was standing in the entryway of the front door to the business. Jacinto told the suspect that he had to leave. The suspect said he would leave when his bottle was returned to him._ told the suspect to leaveahen turned around to talk with someone. Aftel_turned his back to the suspect, the suspect the left ear. The suspect exited the business through the front door. The suspect threw the bottle he was carrying threw the glass of the front door to the business in the direction c1 Part of the bottle struck an employee in the chin. The suspect ran southeast through the parking Iota...desires prosecution.d not relate anything further. • VICTIM INJURIES: C sustained slight redness to his left ear. DISPOSITION: Attach to Deputy Martin's original report. • • REPORTING OFFICER EMPLOYEE tt DATE REVIEWED BY TYPED BY ROUTED BY DATE P. Briggs 83499 010610 PRB FURTHER ACTION: .COPIES TO: ❑SD/PD ❑ Other REMARKS: ❑YES ❑NO ❑ Detectives ❑ CII • 15-15184.401 Revised 1/83(CR2) ❑ District Attorney ❑ Patrol E & F - 78 Axe OI ' SHERIFF'S DEPARTMENT t l�"t "" £ 9;t`r � �m�'a „ CASE NUMBER %I k 0 00 Ca lg �� �1 '�as COUNTY.OF SAN BERNARDINO,CA r � � £'raan'£t`etarrRtm nlR ASSOCIATED CASE 03000. a.:44,,, a ti4 BEAT 3 'REPORT AR EARCO-r4 1E4 n W Sy tir al\ \ 1e^ t n aKJlw '. t rWzsiTTorMIGNSSI 1x • 1-0ration 1-4)LLI 11CM 4V= / L1 Ste- la—Cr /C23152\ VC23152B Dateld'iene O 1 1510/2-17)1k o-c) ® VC23153A ® VC23153B Collision Related ® Yes ❑ No C PE—P, rAAAc.fHOLD ❑Other ti115?>t u';v,'<tLSI °''k7°5gr£F+9- x� s sz<ti2 .e ..z y<e 4tV:Y'sy4'm�'"«+�grn"". . ..: r ET"czx s Xi16R�F, .s` ,>«:.M.,,. . ....,.�>;,�..:xaws-„..'...,...nR�i, . . .--...�`>3S�if4�.�DL��Z',�':T�._,.-.,-x.,�wx.r.,...u..a.,. ,...�,.. ...,s..,.r. . �. v Last Name. Pint Middle Age D teof- firth Sex Hair H t Wgt tats Address/City/Stale I .Lrp`—��s Cf� r t ,u 3.'xsto["�E•_"{y,a av g,. F .sL'Y C I.� r£ °s' .t:_fir”-'^x"fi,"r'3st'..�'3¢23..3 S.r z-.x t'9. .a,-i_ ;: �' 5.:�.c�.^.:3E.^.`.-...::F�Ctu naalVaNi'<9'i4'�w NtFW�..er�3.� i`�: � VL>D{ �S�N£ r'!N'.Y��I..maG�reawr`v.»rtxwo.'.o�«nn Mx�.-yEYP.��..... . Year Make Model Color License/State Disposition: ❑ Parked and Locked(Pa Driver) `a Stored all Tow Company: A_N\A CA ;CS`/' � NMI Released To: Name DIA .:a: ,x. x - I Tf t r"Y x...,Y 3 +Y7 1 :•+ ° '� +S*;% � 1 s x >z x .m<-<.,>��`>,.,�,.. �s�sOB&ER�ATIflPII"OP`rDRINEREY..i��._ :. ......�f ...� ,: ._r,,.�;.'",<_. FACE ❑ Normal V Flushed ❑ Pale ❑ Sweaty ❑ Other SPEECH ❑Normal t Slurred ❑ Stuttering ❑Incoherent ❑Confused ❑Other BREATH 2 Odor of Alcoholic Beverage ❑ None ❑ Other EXITING VEHICLE ❑ Lost Balance ❑ Used Vehicle to Maintain Balance ❑Other 3:-i 3 - l N'h a33 Y7Te K ! ,. . , .1 _-., .. .. ..,.., t ,. Su ...c a5&SYL- 3" �'3 Y.: £ ,c' a 3a ;,,,E ._, r as ; '< f zPREI.TBYARY.IlY LsERSrIEA! _ _._ £=.r, s r <,.,., .,,. / Have you been drinking? ® Yes ❑ No I What? 3--r- Z I How Much?2,6 p..0—L) I When? [(p(33•-1 iCa Do you have any physical defects? ❑ Yes ® No Have you taken any medicine or ddrugs? ❑ Yes iii No Do you have any medical problems? ❑ Yes in No Are you sick or injured? ❑ Yes la No • Comments: .r: /...t.M -�ii4F`C,m) Z k'lt fb g2 �T _ .,. x.,".".-�:<� s«„����� ....»,.r..�g�ax n,... $TA1�ID!lRDIZED lratD:$OBRIE7'Y:zTEST3 ° a'�,/�:.<_ a�',��`�'s m` . SURFACE,LIGHTING,WEATHER G_6I,(CS{c-r /5 r —� es,FUISNL/<-AMT/Cl��.D�� <Hu r EYES) 0 Normal ® Watery ■ Bloodshot AHOMEtik64 rti rm ❑ Glasses ❑ Contact Lasses ap,k BLINDNESS ❑Right Eye ❑ Left Eye BALANCE EYES CLOSED �4 Horizontal Gam Nystagmus ■ Yes ❑ No Intemal Clock A Lack of Smooth Pursuit t Yes ❑ No Estimate 30 Seconds: 0\Vertical Gaze Nystagmus ❑ Yes a No fLM 1--L- WALK.AND TURN Footwear.( —y._rj Catmot Do Test ❑ Explain: Describe Turn: J 5Qu/.1 Oa p AL-t e or FeC kiiir�PbL P CS� d sa es a Amu Used For Balance Ii Yes ❑ No ItStarts Too Soon ❑ Yes II Nit ,,_�}}�,,���� me 0 SD we a0 ab a 7 s S`--�� • Raises Ann, Mk .wHeel-Tee • Reporting Offices Prop# Date Revi by�: Dale 15 Qualified /yep. Cei�G C37!? nVi5A0 C_�� �.-27 1/0 � Ye� ' ❑' No 15.192534AI E & F - 86 RS_RMSQ _ICGacAN , ' Page' of • NOSEESSISEEP=MOW6tAitti5AttitttnitiktitiitiiititEttgititEMMERSNEMORM ONE LEG,:STAND FINGER R ro;,NOSE''; Draw Lines to spots touched ❑ ❑ Sways while balancing �j e ❑ ❑ Uses anus to balance I .«• v,' ` j ,i ❑ ❑ Hopping L 9 W ❑ ❑ Puts foot d 0 ,r1 �NI A Y L=' 'c QL`•���K O Right El Left WEERESOMENEMEMIiiiSlinIxTikEttifittirAtitilikkAttiOitStgettireglitiESSERiagarta ❑ Refused ❑ Not Available Results: Brand �' 42q ° W • V--- -�5 A(�O f lSCa---M-- 0-5 ,3-7 .err'.�vtt�•ei-x.v....ta nr. f a, Y[R•Y giv..N..,,.-..r N2 ; .f3fJ..,:..31/L1C....a.TS .e EI d i. ❑ BREATH-Results:1 Test#1 I Test#2 Name and Title of person taking sample:("Blood&Urine) . Ea BLOOD- BA Kit# 77• i-t4-{tq (�O n4S\-“Q (•) T. WL 04O) -KG LY ht,*t-4C ❑ URINE- Urine Kit# (') ❑ REFUSAL-Sec DMV Refusal Fonn ' r ,e °, -:.`��r2 x,.... '.-^erR'..n r:.> u'' &f:tt(� -Jt�iL �&... r .�N«�..:., zl;,,�£:...»k«:Ye s� �SGf . � /`j,—'' _ K...� �. „�,m.IlYTQ$IGA'IIQ11 =I1V'TEJ2VITW�,,, ..�.. � aM.�s>w� � MIRANDA: ❑ Yes ® No By: ]Date/l ime�l l5r o 45 (Location:on:r�lu ll�r (x y�- W hat have you eaten today? When did you slec last? How Ion C.-LA IA Celc (DeL(L L Pt T N �sHT 2- 05 What have you been drinking? How m}�h? Time started? Time of fllast drink? Feel effects? �j c----E-Se--- oZ`(r3-Gri) (D00 t ❑ Yes l� No Did you bump your head? Have you been drinking since the accident? What?_, How much? Does your VehicOle have mechanical problems? G Were you driving the vehicle? ❑ Yes l No Describe: ® Yes ❑ No on i .+ _. .-e ;x tr 3" }'Er vs ra x`...y ty n ... .� aTrY a F. ' T�y� .,u<.a. tfx a.r:,. 7 .,:.o +.w .::s.., "'".3i. W15� to f i',.^•?ji•krEi u.. rnGi^nu�. a�.� Chu L...ma&ZY I�,J S L wie��nO�F�A��'V✓/Y4vNL£YitY?...w wa�fL�W.T.Sf..i"G. ❑ Cooperative ❑ Insulting ❑ Combative ® Other LcM; . O . EN a '.i. ONARRA TIVF`„.. F y::.a£ nx ff p � er5 s:$4 REF 2 • ■v c--1z--2-- • . Continue On CR-2 4/93.• corm&0 1993 by Sim flawd'oo Gan Slat.4pammf. All aiem Rana my E-& F - 87 CASE NO. • SHERIFF'S DEPARTMENT 111000618 COUNTY OF SAN BERNARDINO CALIFORNIA REPORT AREA CA 03600 Page 1 • CODE SECTION CRIME CLASSIFICATION VC 23153(A)/VC 23153(5) DUI/DUI(+0.08%BRAC) FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE - PHONE ASSIGNMENT/ARRIVAL: On 01/15/10, I was assigned to uniformed patrol in the City of Rancho Cucamonga from 2100hrs to 0700hrs. My call sign was 11X1 . At approximately 2139hrs, I responded to assist Deputy Marshall with a DUI investigation. TRAFFIC COLLISION REPORT: For further information refer to traffic collision report completed by Deputy K. Marshall. INITIAL'OBSERVATIONS: When I arrived at the scene, I spoke with Deputy Marshall. He identified to me a white male subject standing on the northwest corner of the intersection as the driver of hat had been involved in a collision. The subject was later identified asinellaillaMill. • SOS I approached Thayer and informed him my purpose was to conduct a DUI evaluation to determine if he was under the influence of alcohol and impaired for the purposes of driving. me he was coming from Omaha Jack's where he had consumed multiple alcoholic beverages during the night. While speaking withal=noticed the following objective indicators of alcohol intoxication; Odor of an alcoholic beverage, bloodshot watery eyes, slurred speech, and unsteady gait. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE S. CLINE C3719 01/27/10 c7391 FURTHER ACTION: REMARKS COPIES TO: 0 other 0 SD/PD D YES ❑ NO ❑ Detective ❑ CII 0 Other 15.15184-401 Rev. 1/83 ❑ Dist.A11y. ❑ Patrol • • E & F - 88 CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO • 111000618 CALIFORNIA REPORT AREA . CA 03600 Page 2 CODE SECTION .. CRIME CLASSIFICATION VC 23153(A)/VC 23153(B) DUI/DUI(+O.OB%BRAC) FELONY VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE STANDARDIZED FIELD SOBRIETY EXERCISES: . Before beginning FST'S, I tolL- would explain each exercise, demonstrate the exercise, and then ask him to perform the exercise. Throughout the Field Sobriety Exercises, le exhibited • impairment. ROMBERG: 10 seconds estimated as 30 seconds (Impaired perception of time), side-to-side sway, front-to-back sway and circular sway (almost fell during exercise.) Walk and Turn: Missed heel-toe (every step), used arms for balance throughout exercise, stepped off • line, improper turn (spun on balls of feet/stumbled) and incorrect number of steps. One Leg Stand: Unable to perform exercise due to level of impairment. Finger-To-Nose: Missed tip-to-tip (Every time). HGN: Present indicating presence of a CNS depressant. a In my opinion was under the influence of alcohol and his mental or physical abilities were so impaired that he was no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY 'DATE S. CLINE C3719 01/27/10 C7391 FURTHER ACTION: REMARKS COPIES TO: U Other U SD/PD U YES U NO U Detective U CII U Other •15184-0Ot Roy. 1/93 U Dist.Arty. U Patrol E & F - 89 CASE N0. • - SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000618 CALIFORNIA REPORT AREA CA 03600 Page 3 • CODE SECTION CRIME CLASSIFICATION VC 23153(A)/VC 23153(B) DUI/DUI(+O.OB%BRAC) FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE PAS RESULTS: Prior to offering a PAS test, I explained was voluntary and he had the right to refuse. The PAS results indicated a BrAC of 0.249% and 0.230%. ARREST/BOOKING: • I inform was arresting him for violating sections 23153(a) and 23153(b) of the California Vehicle Code, Driving under the Influence of Alcohol/Collision with Injuries. I handcuffed him, double- locked the cuffs and placed him in the rear seat of my patrol car without incident. I transported Nest Valley.Detention Center for booking. EVIDENCE: • • Pursuant to CVC 23612, I explained IS could choose blood or breath evidence told me he refused to comply with either test. Reading from page 2 of the DMV form DS-367, Age 21 And Older Officer's Statement, Chemical Test Refusal, in response to will you take a breath test le replied "No." When I asked if he would provide a blood sample he said "No." Sinceebntinued to refuse to comply with a chemical test a blood draw was conducted without his consent and against his will, although he did not physically resist. DISPOSITION: Case cleared by arrest/booking. Forward to District Attorney's Office for review and filing. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE S. CLINE C3719 01/27/10 cS t- C7391 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Othor 15-15184-401 Rev. 1/03 ❑ Dist Any. ❑ Patrol • E & F - 90 STATE OF CALIFORNIA - Y, TRAFFIC COLLISION REPORT CHP 555 PAGE 1 fRev.7-03)DPI 051 • Page 1 of 4 SPECIAL CONDITIONS NUMBER Mt t RUN CITY JUDICIAL DISTRICT LOCAL REPORT NUMBER NAMED 118NAMED iFloM' RANCHO CUCAMONGA WVSUP 111000618 all NVMBER Hn 5 FILM COUNTY REPORTING DISTRICT BEAT K um MISTCJEANM SAN BERNARDINO RCOT3 3 O ❑ COLLISION OCCURRED ON MO. DAY YEAR TIME 124001 NLICS OFFICER LO. O MILUKEN AYE. 01.15-ID 2131 3500 87123 H- MILEPOST INFORIMTION DAY OF WEEK TOW AWAY PHOTOGRAPHS BY' .0 NONE (aJ Z �y ❑FEET ❑MILES OF SUNDAY ®YES ❑NO 07123 OJ ❑AT INTERSECTION WITH STATE HWY REL N OR:66 NFEEf ❑MILES NORTH OF NORTH CURD LINE OF A'• 57. ❑YES N NO ��� • PARTY RI ' ICENSE NUMBER GLASS nIn n^.GETy EQUIP 2EH YEAR B[R LTAATE Ili i 2806 rI DRIVER ISSIMISI Ae A I .. —.OWNER'S NAME IA SAME AS DRIVER • PEOES- STR S _. TRWI Y ❑ OWNER'S NAME N SAME AS DRIVER PARKED VEHICLE ❑ DISPOSITION OF vEHICI E ON ORDERS OF: N OFFICER 0 DRIVER 0 OTHER COS eo al NNM E HE WEED PRIOR MECHANICAL DEFECTS: NONE APPARENT REFER TO NARRATIVE DINER BU$IN VEHICLE IDENTIFICATION NUMBS ❑ VEHICLE.TYPE DESCRIBE VEHICLE DAMAGE Si llX M DAMAGED AREA INSURANCE CARRIER PD. POLICY NUMBER ❑UNK ❑NONE ❑ MINOR - 07 0 MOD❑MAJOR❑ROLL-OVER DIR SKS OF TRAVEL MILUKEHA OR HIGHWAY .S EEDIIMIT ,, DorC�IPSt_AGDI_ PARTY DR ICEN5E NUMBER STATE CLASS 0 HAG leilY FOUIP oa YEAR COLOR _--- LICE NUMBER -CTAATE MN 2 III NAME FILE,LAS 1)� DRIVER N OWNERS NAME CO SAME AS DRIVER PeDei STREET ADDRESS CA TRWI �IR. Ry SAAL AS DRIVER ❑ OWNER'S NAME �EHICLE C_Yf P ENIL P ❑ DISPOSITION OF VEHICLE ON ORDERS OF: ❑OFFICER N DRIVER ❑OTHER WET. SEX HAIR EYES HEIGHT 'lln BIRTHDAY RACE T � vv, H 'mat I❑ wiNg PRIOR MECHANICAL DEFECTS'. Ee NONE APPARENT ❑REFER 10 NARRATIVE F IILSINE VEHICLE IDENTIFICATION NUMBER: OTTHER yJ' VEHICLE TYPE DESCRIBE VEHICLE MsAGE SNDf IN DAMAGED AREA INSURAN E ARRIER POLICY NUMBER ❑UNK ❑NONE ❑ MINOR • Ot 0 MOD❑MAJOR❑ROLL-OVER 7 DIR OF TRAVEL ON SI REET OR HIGHWAY SPEED LIMIT CA DOT SIB MILLIKEN AVE. 45 CAL-1_TCPIPSC_I.RAU_ PARTY DRIVER'S LICENSE NUMDUR STATE CLASS AIR G I SAFETY EQUIP VEH YEAR MAKE/MODEL/COLOR LICENSE /MEER SI ATE 3 _ NAME(FIRST,MIDDLE.LAS 0 DRIVER OWNER'S NAME •❑SAME AS DRIV 0„„s. STREET ADDRESS TRH OWNER'S NAME ❑SAME AS*RIVER 0 VEPARKED HICLE CRY/STATEJLP ❑ DISPOSITION OF VEHICLE ON ORDERS OF: 'I OFFICER U DRIVER ❑OTHER ANY. SEX HAIR EYES REICH WEIGHT HIRT/IDAY RACE CURT 1.,. um, Yam t t ❑ PRIOR MECHANICAL DEFECTS: ❑N• U E APPARENT REFER TO NARRATIVE HOME PHONE BU SB.ESS PHONE _ VEHICLE.IDENTIFICATION NUMBER: OTHER ( ) ( ) ID VEHICLE TYPE DESCWBR NICLE DAMAGE SHADE IN DAMAGED AREA I INSURANCE CARRIE I POLICY NUMBER ❑UNK NONE ❑ MINOR \ ❑MOD A MAJOR❑ROLL-OVER DIR OFT RAVE ON S I REST UR HIGIAVAY SPEED LIMIT CA_ODT_ CA-T_RCP/PSL__M' _ PREPARER'S NAME DISPAI CH NOTIFIED REVIEWER'S NAME DATE REVIEWED K.MARSHALL 507123 N YES ❑NO ❑N/A • E & F - 91 f . STATE OF CALIFORNIA TRAFFIC COLLISION CODING Pagex o(1. CHP 555 PAGE 2(Rev.7-03)OPI 061 < DATEOFCOLLISION IMO. DAY YEAR) TIME(2400) NCICA OFFICER ID, NUMBER 01.15-10 «- 2131 3000 57123 1 11100061/ OWNER'S NAME OWNER'S ADDRESS NOTIFIED PROPERTY DYES ❑NO DAMAGE DESCRIPTION OF DAMAGE SEATING POSITION - SAFETY EQUIPMENT INATTENTION CODES OCCVPAN($ I -AIR BAG DEPLOYED A-CELLPHONE HANDHELD ' A-NONE 11J VEHICLE N.AIR BAG NOT DEPLOYED MJC BICYCLE-HELMET B.CELLPHONE A S-UNKNOWN N-OTHER • DRIVER PASSENGER INNDSFREE C-LAP BELT USED P-NOTREOUIRED V-NO X-NO C-ELECTRONIC • 0-LAP BELT NOT USED W-YES Y-YES EQUIPMENT 1 2 3 1-DRIVER E-SHOULDER HARNESS USED 0-RADIO/CD 4 5 S. •2 TOG-PASSENGERS F-SHOULDER HARNESS NOT USED CHILD RESTRAINT EJECTED FROM VEHICI F E-SMOKING 7-STATION WAGON REAR G-LAPISHOULDER HARNESS USED 0-IN VEHICLE USED 0-NOT EJECTED F-EATING 1-REAR OCC TRK OR VAN H-LAP/St tOULDF.R HARNESS NOT USED R-IN VEHICLE NOT USED 1-FULLY EJECTED G-CHILDREN 7 9-POSITION UNKNOWN J-PASSIVE RESTRAINT USED $-IN VEHICLE USE UNKNOWN 2-PARTIALLY EJECTED H-ANIMALS ' O-OTHER K-PASSIVE RESTRAINT NOT USED T-IN VEHICLE IMPROPER USE 3-UNKNOWN I-PERSONAL HYGIENE U-NONE IN VEHICLE J-READING ' K-OTHER ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK(')SHOULD BE EXPLAINED IN THE NARRATIVE. MOVEMENT PRECEDING PRIMARY COLLISION FACTOR THAI FEC::0•0 ROL DEVICES 1 2 3 SPECIAL INFORMATION 1 2 3 COLLIBION LIST NUMBER(B)OF PARTY AT FAULT __ _— AK moo,VV./.R➢ FJILY DR. I ACINT1IDS NOT FUNCTIONING' _ A CELL MATERIAL 3 A STOPPED I P.TsesI • WIN B CDI.TROLS NUT FUNCTIONING' B CELL PHONE HANDHELD N USE I B PROCEEDING STRAIGHT B OTHERIWROPER DRIVING': C CDMRCLSC2I:CWEn C CELL PHONE IMNDSFREE IN USE C RAN OFF ROAD 0 NO CONNICLS PRESENT/FACTOR' I 3 D CELL PHONE 101 INUSE D MAKING RIGHT I LAIN L OTHER THAN DRIVER' TYPE OF COLLISION E SCHOOL BLS RELATED E MV{NG LEFTIURN A HEAD.ON F/b.FT MOTORTRUCK COMBO F MAKING U TARN D UNNNQYN IIIIIII, G BACKING II SILK SWIPE G TX FT YRNLER COMBO I C WAX END H H SLOYNG/STOPPING WEATHER(MARK I TO 2 ITEMS) 0 BNOAOSWAI 4 I - I PASSINGOTHER VEHICLE. I I A CLEAR E BIT OOP ET 4 J CHANGIAC LANES B mown, I F OLTR II INIO MI K K PARKING MANJMER C MOISIG _I . 0 VF: C:CI'LOLS1 Kinn IIIIIIIIII-MO L L ENTERING TRAFFIC _ D STOWING —I-1 11 OTHER': IIIII. M M OTHER IMSAPE TLRNNG E FOG/VISIBILITY FL �IIIII. N N RING INTO OPPOSING LANE — F OTHER': MUI OR V:I:.::LC INVOLVED WITH 0 0 PARKED G KIND A NONCOLUSION � P MERGING LIGHTING I B PEnL.TLn.N 0 TRAVELING WRONG WAY A OA1{IWR I I CuIUIl' ^:N er IIJCIE 1 2 e OTHER ASSOCIATED FACTORS) R OTHER': U DUSK-DAWN 0.ML. .: —co:nn.THNOAur+r �(MARK I TO 2 ITEMS) 1� — E C 0hJ .STREET LIGHTS If E••■�iu..• nWM:TIE ■ A,C CRWARD OTW DYES D SARK ARK.SIREEI LIGHTS HO I B vC V 21,511,1 4tATII OTTD tires E ROADWAY EYI CIGARS NET i C IN+I:1. No FUNCTIONING' H..NInI.I SOBRIETY-DRDG ROADWAY SURFACE l C"cM°II'"°°•D°' awn Or� 1 2 3 (MARK 1 TO 2ITEMS) 2 ADRY I B WET 0 5 I A IND'NOT BEEN DRINKING• C SNOWY-ICY I .1:1:1!1 P /OLIN: : E VISION DBSCUREMENT: B HSO•NOT UNDER DER INFLUENCE'I FINATTENTIDH: CHBO-NOT UNDER INFLUENCE' ROADWAY CONDITION(S) G STOP L GO IRMTFIC 0 HOD-IMPAIRMENT UNKNONW (MARK 1 TO 2 ITEMS) ' rimy".I41ANS ACTIONS H EHTERNO/LEAVNGRAP EIMDERDRUGINFLUENCE- AHOLES.DEEPRUT- I I I AtOP -',+N:INVOLVED �IIII. I PREVIOUS COLLISION F BAPMRLENT-PHYSICAL' B LOOSE MATERIAL ON ROADWAY' 1I II EIKU::': : ' CHU:ZNALX- J UNFAMLIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' 11 A T P TCOLON K DEFECTIVE VEHICLEEQUP: CITED H NOT APPLICABLE B CONSTRUCTION-REPAIR ZONE �I C cmcnc,..„w:NOSswALK-NOT ❑w I SLEEPY/FATIGUED' - E REDU Iw O ROADWAY WIDTH 1 .I it •0 11::01 FFLOODED' IIatss I.-JOT n:CNOSSWAIA IIIII. L UNINVOLVED VEHICLE G OTHER': I R E IN r,•D It/GI WEE Pnpt0DGR _■ N OTHER': I H NO UNUSUAL CONDMONS _ I NIU'n.. I I _ N NONE APPARENT El-11:10 SCHOOLsus 0 RUNAWAY VEHICLE SKETCH -- ---- MISCELLANEOUS 40 A.0.1.: 16' EAST OP TEST OIYBLIAT OP MILLIKEN AYE ( \— NDICATE NORTH RTR.LLY,r) N6• NORTH OI TIE CM O.NJILIIE W I°57. NI I 1 II .. ' (. I . LIBA Si. • I E & F - 92 • STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL . CHP 556(Rev 7-90)OPI 042 . DATE DF INCIDENT/OCCURRENCE TIME12400) . NCIC NUMBER OFFICER I.D.NUMBER NUMBER 2131 3600 87123 111000618 NE IC ONE TYPE SUPPLEMENTAL("X'APPLICABLE) •15-1O Narrative Q Collision report .Q BA update I I Fatal 0 Hit and run update U Supplemental n Other: • O Hazardous Materials 0 School Bus ❑Other: . CITY/COUNTY/JUDICIAL DISTRICT REPORTING DISTRICT/BEAT CITATION NUMBER RANCHO CUCAMONGA/SAN BERT '.• ::71NO/WVSUP RC073/3 -NONE • LOCATION/SUBJECT STATE/HIGHWAY RELATED 9600 BLK MILLIKEN AVE. .-, !Yes U No NOTIFICATION: • On 01-15-10 at approximately 2133 hours, I was dispatched to this collision report on Milliken Ave. at 4th St. All times • speeds and measurements arc apps axirnate. Measurements were made using a rolatape. SUMMARY: D-1 was traveling Southbound on Milliken Ave., approaching 4th St. in the#2 lane. D-1 was traveling at approximately 50mph. D-2 was stopped on Southbound Milliken Ave. at 4m St. D-2 was facing a solid red light for Southbound traffic. D-1 did not stop for the red light and roar ended D-2. STATEMENTS: D.- —I contacted D-1 sta g on the West sidewalk area of Milliken Ave., across from his vehicle. I asked D-1 if hews Involved in the collision and it one of the vehicle belonged to him. D-1 pointed to the Nissan Armada and stated that is his vehicle and he was driving. D-1 stated he hit the other vehicle and does not know why they were stopped. I asked D-14 he saw the light controlling Southbound Milliken Ave. to see if it was green or red. D-1 stated he does not remember what color it was. 0-2,0a— I contacted 0-2 ever the telephone, due to the fact she was transported prior to my arrival. D-2 related the following. D-2 was stopped in the 42 lane of Southbound Milliken Ave. at 4th St. The light was red for Southbound traffic. -2 saw D-1 coming up fast behind her in the#2 lane. D-2 watched from her rearview mirror as D-1 struck her vehicle. -2 felt pain in her back after U e_: u..ttt:.ion and was transported to the Kaiser hospital. W-1( I a:rdacteIi V/-i C.11 the sidewalk area next to the collision. W-1 related the following. W-1 was stoppe on the Westbound turn 'lane of 6`h St. to Southbound Milliken Ave. D-1 pulled into the turn lane and did not stop at the limit line for the red light. 0-1 supped his vehicles with the rear tires past the limit lines and was blocking one of the Northbound lanes of!:Milliken Ay ;. 1"h,_: light turned green and D-1 made his turn onto Southbound Milliken Ave. D-1 accelerated to approximately 501npi and swerved between the#2 and #3 lanes. W-1 saw that the Southbound light at 4th St. was red and D-1 v,ms not applying his brakes. W-1 watched as D-1 struck D-2 in the#2 lane. CAUSE: D-1 caused this collicion by being in violation of V.C. 23153(2)— D.U.I. with injury. D-1 also violated V.C. 21453(a)— Red Light. INTOXICATION: See original report by lTcputy i". n-. - further details. RECOMMENDATIfN : Send this case to the V/c ct VcL: f'i'll icl Attorney for reviewffiling. • • • PARER'S NAME AND I.D.NUMBER I DATE REVIEWER'S NAME DATE .MARSHALL#B7123 1 01-15-10 Use previous editions until depleted • -- - E & F 93 i _ . - 44=t1 '1,T.2V71 °V 4:Z:Villnaltilf.'ita 'leleftr'MY i i'd":1*i ,:e•L--,Att 4 4 .4...*.. listi„L 20,,,,,,,,ft;-4..te! °;'.-±°,°,4;;;°11 .4t4-5°ir■ri.4.e.14 s‘4, ° i 'ffwak+Iiiicz, . ki 1-,e,e „ i 1 i , le i , 1 1 1 i 2 ; t a i 2 i 1 I 1 2 i i • 1 10 i 94 E & F F - • it: e N r - lip CITY OF RANCHO CUCAMONGA Li, j 10500 CIVIC CENTER DRIVE BUILDING AND SAFETY DIVISION I I Peimitiee: Oh14k- t-ec.4 s. Address I ig3-7 .Factk.,it. evgat‘tilliTime /`IQ I. 1 CORRECTION NOTICE PERMIT NO. 1 a.) 2 q -tAour r es fen45.A...- 4) faxit $ 4-AS OVI.e vkAnA -orrecriv4 . .13, MI 4 w‘eirci ,e..kiis I4Ati-s+ i chi °r-1 'cit.",rtaa. 0(It•er A:4-1&14- 1 i , • Ve■LA cf lo-a_ AI A aft-PS.41-e . 1,) F -t eloor ro os4 kr- III A+re-it AL Eirlave.- All oks7truid-144„-k 1 i 0-(1 4iiPe"+"'';)-1- c o yds. 1 I a) so d a-c.f A),S oil,vvC,I4 if I 0.AA 4, 4r A&.A.) , • - -FAD(a t-avva4A-i-oc-41 61^•C We r1-4^#, '1 C--0-1NS•41 OYU'. in(CALC•ef eraCarl 6y i il' ?CC 7 •-4/1/HS .514 PI a L., Am , i Inspectors ' 7®YE"lim .: v::4-. 1,4•1; -6,ii; ',ii's -,d 6.11 fOrR eit4piction,1-,1 • .4:c P o-..6.:351.pin .... Pi.ea?°.Make. , (909)th-2710:Ext ) ' :''';.:: 1.(-6t.::-...'-".;.: ::::' :;.. .'_-• -.:' -. .-',"-i ,,, '.'.. . • EXHIBIT D E & F - 95 • RESOLUTION NO. SA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT DRC2004-00327, A REQUEST FOR ENTERTAINMENT INCLUDING LIVE MUSIC AT A FULL-SERVICE RESTAURANT WITH BAR AND MICROBREWERY, WITHIN A 8,794 SQUARE FOOT (FORMER) RESTAURANT (WITH PREVIOUS BAR AND ENTERTAINMENT) IN THE • INDUSTRIAL PARK DISTRICT • (SUBAREA 7), LOCATED IN THE MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-011-39. A. Recitals. 1. On December 9, 2009, the Planning Commission initiated a review of the existing Conditional Use Permit. Hereinafter, in this Resolution, the subject Conditional Use Permit is referred to as "the application." 2. On the 13th day of January 2010 and continued to the 10th day of February 2010, 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. The 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 the Planning Commission during the above-referenced public hearing on February 10, 2010, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The operations associated with this application has resulted in significant Public Safety Responses; and b. The owners and operators of this business have not complied with the Conditions of Approval; and c. The Public Safety Records demonstrate the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public; and d. The overall record of documentation demonstrates that the applicant is unfit to be trusted with the privileges granted by such a permit. • 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, the Commission hereby finds and concludes as follows: • E & F - 96 PLANNING COMMISSION RESOLUTION NO. 0*-** DRC2004-00327 —OMAHA JACKS February 10, 2010 Page 2 • a. The existing business operation is not in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The existing business operation, has demonstrated, that it is detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and; c. The Public Safety Records demonstrate the business is being operated in a manner contrary to the peace, health, safety and general welfare of the public. 4. When the item was previously approved, the project was found to be categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. This exemption covers minor alterations of the existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's original environmental determination. The building was originally built and had been used as a restaurant. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby revokes the application and directs all entertainment and bar uses must terminate within 30 days of the Planning Commission action. 6. The Secretary shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 10TH DAY OF FEBRUARY 2010 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James Troyer, Secretary to the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting held on the 10th day of February 2010. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • E & F - 97 Planning Commission Meeting of//O/7O RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. 1. G AME ' ADORES CITY ITEM 2. . Gc^et z 3. > . I � 7cfI? ricctt„c/KAo 4. .art 1\83'1 c CFVy-4 ∎. 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.