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HomeMy WebLinkAbout2010/02/24 - Agenda Packet - Planning Commission THE CITY OF RANCHO CUCAMONGA 'rh PLANNING COMMISSION LtJ AGENDA CUUCAMONGA FEBRUARY 24, 2010 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California • L CALL TO ORDER , I Roll Call Chairman Fletcher Vice Chairman Munoz Oaxaca_ Howdyshell _ Wimberly_ • ( IL.. ANNOUNCEMENTS ' . • I IM. APPROVAL OF MINUTES I February 10, 2010 Regular Meeting Minutes . . . IV.. PUBLIC HEARINGS I 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. GENERAL PLAN AMENDMENT DRC2009-00716 - CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the General Plan land use designation from Neighborhood Commercial (NC) to Low Residential (2 to 4 dwelling units per acre) for approximately 0.58 acre of land, located at 7403 Archibald Avenue -APN: 1077-011-43. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a • 1 of 6 • S t ,y PLANNING COMMISSION AGENDA LS FEBRUARY 24, 2010 RANCHO LuCAMONGA significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. This item will be forwarded to the City Council for final action. Related File: Development District Amendment DRC2009-00717. B. DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717 - CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the Development District map from Neighborhood Commercial (NC) to Low Residential (2-4 dwelling units per acre) for approximately 0.58 acre of land, located at 7403 Archibald Avenue-APN: 1077-011-43. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. Related File: General Plan Amendment DRC2009-00716. This item will be forwarded to • the City Council for final action. C. DEVELOPMENT DESIGN REVIEW DRC2009-00880 - LEWIS DEVELOPMENT CORPORATION -A proposal to remodel the exterior of Buildings A through K (Buildings L through N are not a part) and install new landscaping at an existing shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan (TVCP) located at the northeast corner of Haven Avenue and Base Line Road-APNs: 1076- 481-25 through -35. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities. CONTINUANCE REQUESTED D. TENTATIVE PARCEL MAP SUBTPM 19087 - CITY OF RANCHO CUCAMONGA-A two lot parcel map to create a 1.9- acre parcel from an existing 40 - acre parcel to provide a site for the North End Public Safety Facility (new 15,639 square foot Police Department substation), located at the southwest corner of Milliken Avenue and Grizzly Drive - APN: 0201- 191-27. Related File: Development/Design Review DRC2008-00481. Staff has found the project to be within the scope of the project covered by a prior Mitigated Negative Declaration (State Clearinghouse 2007121114 certified by the San Bernardino County Flood Control District on January 6, 2010)and does not raise or create new environmental impacts not already considered in that environmental document. • 2 of 6 • th PLANNING COMMISSION AGENDA b10 FEBRUARY 24, 2010 RANCHO CUCAMONGA E. DEVELOPMENT DESIGN REVIEW DRC2008-00481 -CITY OF RANCHO CUCAMONGA - Development Design Review of building elevations and detailed Site Plan for the North End Public Safety Facility (new 15,639 square foot Police Department substation) on a 1.9 - acre site located at the southwest corner of Milliken Avenue and Grizzly Drive - APN: 0201- 191-27. Related File: SUBTPM19087. Staff has found the project to be within the scope of the project covered by a prior Mitigated Negative Declaration (State Clearinghouse 2007121114 certified by the San Bernardino County Flood Control District on January 6, 2010)and does not raise or create new environmental impacts not already considered in that environmental document. F. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18744 - FB Holdings, LLC - A request to subdivide 8.85 gross acres of land into 30 single-family lots in the Low Residential District(2 to 4 dwelling units per acre) of the Etiwanda North Specific Plan, located on the north side of the SR-210 Freeway west bound off ramp at Day Creek • Boulevard, and the west side of Stable Falls Avenue- APN: 0225-161-19, 32, 33, and 34. Related File: Variance DRC2009-00029. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED (READVERTISE) G. VARIANCE DRC2009-00029 - FB Holdings, LLC - A request to allow combination retaining and freestanding wall heights up to 24.5 feet to reduce freeway traffic noise related to the proposed development of 30 single-family lots within the Low Residential District (2 to 4 dwelling units per acre), located on the north side of the SR-210 Freeway west bound off ramp at Day Creek Boulevard, and the west side of Stable Falls Avenue - APN: 0225-161-19, 32, 33, and 34. Related File: Tentative Tract Map SUBTT18744. CONTINUANCE REQUESTED (READVERTISE) H. 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 and February 10, 2010. • 3of6 th PLANNING COMMISSION AGENDA Ltir FEBRUARY 24, 2010 RANCHO CUCAMONGA • I. 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 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 and February 10, 2010. • V. OLD BUSINESS J. SELECTION OF ALTERNATE FOR THE TRAILS ADVISORY COMMITTEE (TAC) VI: • 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. • IVII. COMMISSION BUSINESS/COMMENTS . VIII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on February 18, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga: / .._ • 4 of 6 i: e ti PLANNING COMMISSION AGENDA S FEBRUARY 241 2010 RANCHO CUCAMONGA 01 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. 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 • 5of6 • • is* PLANNING COMMISSION AGENDA Ss+ FEBRUARY 24, 2010 RANCHO CUCAMONGA fee of$2,124 for maps and$2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us • • 6 of 6 Vicinity Map • Planning Commission February 24, 2010 D & E F & G SPHERE OF INFLUENC W Q t J W C 'r W H LLSI'E H 1 ik 111111sIN WIL�• T ` y V V > ill Or a_- _ "Sr.�_�z10- 19TH t � _sa C—� . r BASE LINE A& B ' • URCH ■`,� MILLER ■� ��_ FOOTHILL ��_���,'�� ARROW ..l8TH 1 .. Q - U 3 _` 4 W, 4TH Q N Meeting Location: City Hall • 10500 Civic Center Drive • STAFF REPORT 0.11,"" • PLANNING DEPARTMENT RANCHO Date: February 24, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: GENERAL PLAN AMENDMENT DRC2009-00716 -.CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the General Plan land use designation from Neighborhood Commercial (NC) to Low Residential (2 to 4 dwelling units per acre) for approximately 0.58-acre of land, located at 7403 Archibald Avenue - APN: 1077-011-43. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no 'possibility that the activity in question may have a significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. This item will be forwarded to the City Council for final action. Related File: Development District Amendment DRC2009-00717. DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717 - CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the Development • District map from Neighborhood Commercial (NC) to Low Residential (2-4 dwelling units per acre) for approximately 0.58-acre of land, located at 7403 Archibald Avenue - APN: 1077-011-43. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. Related File: General Plan Amendment DRC2009-00716. This item will be forwarded to the City Council for final action. BACKGROUND: At the October 28, 2009, Planning Commission meeting, the Commission voted to direct staff to move forward with initiating the General Plan Amendment and Development District Amendment for the property located on 7403 Archibald Avenue - APN: 1077-011-43. The staff report and minutes from that meeting are attached as Exhibits A and B. PROJECT AND SITE DESCRIPTION: A. Land Use and Zoning: Project Site — Neighborhood Commercial (NC) Proposed — Low Residential (2-4 dwelling units per acre) North — Neighborhood Commercial (NC) South — Low Residential (2-4 dwelling units per acre) East — Low Residential (2-4 dwelling units per acre) West — Office Professional (OP) • Items A & B PLANNING COMMISSION STAFF REPORT GPA DRC2009-00716 AND DDA DRC2009-00717 — CITY OF RANCHO CUCAMONGA February 24, 2010 • Page 2 B. General Plan Designations: Project Site — Neighborhood Commercial (NC) Proposed — Low Residential (2-4 dwelling units per acre) North — Neighborhood Commercial (NC) South — Low Residential (2-4 dwelling units per acre) East — Low Residential (2-4 dwelling units per acre) West — Office C. Site Characteristics: The project site is developed with an existing historical home built in 1908 and since then, has been occupied as a single-family residence. ANALYSIS: A. General: The existing historic landmark house on the project site has been occupied as a residence since 1908. The current residential use is inconsistent with the current General Plan land use and zoning designations. Amending the land use and zoning designations from Neighborhood Commercial to Low Residential would make the designations consistent with the existing single-family use on the project site and would not conflict with the neighboring uses of the project site. Additionally, the amendments will protect the historic structure for rebuild purposes. This amendment would add an additional 0.58 acre to the existing Low-Residential zoned properties directly to the south of the project site. B. Environmental Assessment: The Planning Department staff has determined that the project is • exempt from requirements of California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. FACTS FOR FINDING: 1. The project site is approximately 0.58-acre of land, basically a rectangular configuration, Iodated at 7403 Archibald Avenue, and is presently developed with a Historic Landmark single-family residence. The General Plan land use designation and zone for the project site is Neighborhood Commercial; and 2. The property to the north of the subject site is designated Neighborhood Commercial; the property to the west is designated Office Professional; the property to the east is designated Low Residential; and the property to the south is designated Low Residential; and 3. The project does not conflict with the Land Use Policies of the General Plan because it is compatible with the established use on-site and will provide for development within the district in a manner consistent with the General Plan and with related development. Additionally, it will provide a public benefit by preserving an existing historic landmark; and • A & B -2 PLANNING COMMISSION STAFF REPORT GPA DRC2009-00716 AND DDA DRC2009-00717 —CITY OF RANCHO CUCAMONGA February 24, 2010 • Page 3 4. The project does promote the goals and objectives of the Land Use Element by promoting consistent residential development/land use patterns; and 5. The project would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 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 adoption of the attached resolutions recommending approval by the City Council of General Plan Amendment DRC2009-00716 and Development District Amendment DRC2009-00717. Respectfully submitted, Jame . Troyer, AICP Planning Director • JT:MN\ge Attachments: Exhibit A - Planning Commission Staff Report dated October 28, 2009 Exhibit B - Planning Commission Minutes dated October 28, 2009 Exhibit C - Existing and Proposed General Plan and Zoning Map Exhibit D - Photo Exhibit Draft Resolution of Approval for General Plan Amendment DRC2009-00716 Draft Resolution of Approval for Development District Amendment DRC2009-00717 • A & B -3 • STAFF REPORT • r. PLANNING DEPARTMENT Date: October 28, 2009 RANCHO CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, MCP, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: CONSIDERATION TO INITIATE GENERAL PLAN AMENDMENT DRC2009-00716 - CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the General PLan land use designation from Neighborhood Commercial (NC) to Low Residential (2 to 4 dwelling units per acre) for approximately 0.58 acre of land, located at 7403 Archibald Avenue - APN: 1077-011-43. Related File: Development District Amendment DRC2009-00717. CONSIDERATION TO INITIATE DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717 - CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the Development District map from Neighborhood Commercial (NC) to Low Residential (2-4 dwelling units per acre) for approximately 0.58 acre of land, located at 7403 Archibald Avenue - APN: 1077-011-43. Related File: General Plan Amendment DRC2009-00716. • BACKGROUND: The request is to initiate the General Plan Amendment and a Development District Amendment for a single lot with an existing legal, non-conforming home within the Neighborhood Commercial (NC) zone. This single-family home is also locally designated as a historic landmark. Single-family homes are a non-conforming use in the Neighborhood Commercial zones; therefore, this home cannot be enlarged or significantly altered. Also, Section 17.02.130 of the Development Code indicates that if a non-conforming home were to be destroyed by a natural cause, such as fire or other calamity, the structure cannot be restored if the destruction exceeds 50 percent. This makes it difficult for owners of the house to obtain residential insurance. After being a resident of Rancho Cucamonga since the 1960s, the property owners, Ralph and Maxine Strane, wish to retire out of the area and have been trying to sell the property. They have found that the non-conforming use is impeding the sale of the property. Buyers are apprehensive about purchasing a non-conforming property that they may not be able to rebuild or alter or obtain insurance on. Staff received a letter from Ralph and Maxine Strane on September 3, 2009, requesting that the Planning Commission initiate a General Plan land use designation amendment (Exhibit A). The lot was originally zoned Agricultural under the county jurisdiction and was changed to Neighborhood Commercial when the City incorporated and adopted its first General Plan. The amendment was requested from Ralph and Maxine Strane because of its non-conforming status. Under the existing zoning, a property owner could build commercial development and the result would be inconsistent with the existing character and development of the single-family residential area to the south. A Development District Map amendment is necessary for consistency with the General Plan land use designation. • A & B -4 • EXHIBIT A PLANNING COMMISSION STAFF REPORT DRC2009-00716 AND DRC2009-00717 — CITY OF RANCHO CUCAMONGA October 28, 2009 Page 2 • ANALYSIS: Amending the General Plan land use designation and the Development District Map from Neighborhood Commercial (NC) to Low Residential (2-4 dwelling units per acre) would make the zoning of this lot consistent with the existing single-family development to the south and would help protect the historic landmarked house. Additionally, these changes would permit the resident to enlarge their existing structure and promote future development that may be more consistent with the surrounding neighborhood. Any changes to the landmarked structure will require a landmark alteration permit. RECOMMENDATION: Staff recommends further study of the issue and the initiation of a General Plan Amendment and a Development District Amendment by the Planning Commission. Respectfully submitted, 41 I:dranttei k_ vi . . James R. Troyer, AICP Planning Director JT:MN\ge Attachment: Exhibit A— Letter from Ralph and Maxine Strane, dated September 3, 2009 Exhibit B— Existing General Plan and Zoning Map • • • A & B - 5 • City of Rancho Cucamonga Planning Commission • 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Consideration of General Plan Amendment and zone change for property located at 7403 Archibald Avenue, Rancho Cucamonga, CA 91730 Dear Planning Commission, We are requesting that the City initiate a general plan amendment and zone change for our property located at 7403 Archibald Avenue, Rancho Cucamonga, CA 91730. It is currently a designated historical landmark house, but has inconsistent zoning with the use. It is a single-family residence but is zoned Neighborhood Commercial. Under county jurisdiction, the property was zoned Agriculture, and we believe it was changed to Neighborhood Commercial when the City incorporated in 1977. This has created a hardship for us. We have been trying to sell the property for over a year and the inconsistent zoning constantly drives potential buyers away. Furthermore, banks will not finanbe the house due to its legal, non-conforming use. After being residents of Rancho Cucamonga since the 1960's, we need to retire out of the area due to health reasons. • The amendment and zone change from Neighborhood Commercial to Low Residential would allow the continued use of the historic landmark house, and we or a future owner would be able to rebuild it if it were ever to be destroyed by fire or other natural causes, The surrounding uses just south of us are all zoned residential so it would be consistent with the area. Thank you for your consideration. Sincerely, ,. :'•:I I L C-- - Ralph & Maxine Strane - 909-987-2835 • • EXHIBIT A rcoQg-Oci A & B _6 • --O1fSQd----- - b a J .. ▪ _. .-.-::i- '..:,t.-..•.? '': - ' ..; :".,:::;.: _,1 -,c: Q Y 4 Q ab 14- i- i yi # { tY-` Y"ky+ U WJ Pg e Vim- ` o mss' .0* z ,. k 7 '°''' * Kk ` pi`s-n''4' '-k`` 'S ai 14u 'LP� Y '�k YS�. i{ q k 4 a LY h b ,Xi 1t▪ X▪ ll {y all CLI —.11 £a°Ye,S, Yr 4 A 7, aW ><a 6 s�!(r 4 W -2 rv£ F-a c2 • }f:,, ahi" 4Y Ju1a ` i'triv4 �' �,� t?th ?I 2 r / /Si",.*315,24 tfxti' !4p l� '�r. Y F a'S r.¢Yry 61.. Nx, ,t S! x P6+m v :.{ .ir.xr $';,}?? 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CONSIDERATION TO INITIATE GENERAL PLAN AMENDMENT DRC2009-00716-CITY OF • RANCHO CUCAMONGA-A request by Ralph and Maxine Strane to change the General Plan land use designation from Neighborhood Commercial (NC) to Low Residential (2-4 du/ac)for approximately 0.58 acres of land, located at 7403 Archibald Avenue, APN: 1077-011-43. Related Files: Development District Amendment DRC2009-00717. E. CONSIDERATION TO INITIATE DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717- CITY OF RANCHO CUCAMONGA - A request by Ralph and Maxine Strane to change the Development District map from Neighborhood Commercial (NC)to Low Residential (2-4 du/ac) for approximately 0.58 acres of land, located at 7403 Archibald Avenue. APN: 1077-011-43. Related Files: General Plan Amendment DRC2009-00716. Mayuko Nakajima, Assistant Planner, presented the staff report. Vice Chairman Munoz clarified that the purpose of tonight's item is to bring forward the request to initiate the amendments. Ms. Nakajima confirmed that tonight's action is to only give staff direction in the preparation of the draft amendments. Steven Flower,Assistant City Attorney, clarified that the item tonight is not a public hearing item but that the Chair could take public testimony if he chooses to. Vice Chairman Munoz asked if the applicant would like to say a few words. Ralph Strane, the property owner at 7403 Archibald Avenue stated that their representative is • present and would do so. Frank Del Rio of Century 21 real estate, mentioned that he is the sales agent for the property owners. He noted there has been great interest in the property and an offer provided the proposed amendments are approved. He said the potential buyers would like to keep the property in the same good condition that it is in. • Vice Chairman Munoz opened the floor for public comment. Seeing and hearing none, he closed the public comment period. Commissioner Howdyshell commented that the Commission has really taken a hard look at this request and has worked hard to assist the property owner with the barn and that she agreed that they should help them get the property sold. • Commissioner Wimberly concurred that the Commission should push this forward to get the appropriate zoning approved. Commissioner Stewart commented that this is a win-win situation,that there are protections in place for the historic home and that anyone that wants to modify the home would have to come in for review and approval. She agreed to the initiation of the amendments. Vice Chairman Munoz concurred. He thanked the Strane's for their 40 years in the community and noted that they pioneered historic preservation in Rancho Cucamonga. He gave them hearty thanks for that. • Planning Commission Minutes -4- October 28, 2009 EXHIBIT B A & B - 9 Motion: Moved by Howdyshell, seconded by Wimberly, to engage in further study and to initiate General Plan Amendment DRC2009-00716 and Development District Amendment DRC2009-00717 by minute action. Motion carried by the following vote: AYES: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY • NOES: NONE ABSENT: FLETCHER - carried F. REPORT REGARDING POSSIBLE ADDITIONAL POSITIONS ON THE TRAILS ADV ORY COMMITTEE Larry Henderson, Principal Planner, presented the staff report. He reported that the esolution for approval amends the Administrative Regulations for the Trails Advisory Co • ittee (TAC) in accordance with the Commission's action taken at the August 12, 2009 me: ing. He said the resolution adds the position of the bicycling representative and his alternate He noted that ADA compliant issues are actually•handled by the City's park planner and t ough Senior Advisory Committee. He also noted that adding additional members might make unducting business of the committee more difficult, not easier. Vice Chairman Munoz concurred that Karen McGuire-Emery is ar'excellent planner. Motion: Moved by Wimberly, seconded by Stewart, to adopt the Resolution of Approval 09-43 amending the Administrative Regulations for the Trails Advi=ory Committee to reflect the addition of the bike alternate position. The action carried by the folly ing vote: AYES: HOWDYSHELL, MUNOZ, STEWART, WI !':ERLY NOES: NONE ABSENT: FLETCHER - carried • G. REPORT ON THE SIGN ORDINANC WORKSHOPS James Troyer, Planning Director prefa.=d the report with background information. Adam Collier, Planning Technician resented the staff report. Vice Chairman Munoz expressed his appreciation for staffs efforts towards the workshops and the report. PUBLIC COMMENTS None COMMISSION :USINESS Commissi er Howdyshell announced the grand opening of the Frontier Project on November 7 and the public is invited. She noted it is to educate the public on "green" and sustainability topics. Vice Chairman Munoz concurred that this is a very interesting project and gives folks ideas they can use to conserve resources. • Planning Commission Minutes -5- October 28, 2009 A & B- 10 • Z -la ' . a 1 i I 1 I 1 I I o_ W { —_-0115 Vd------ Ce ❑ o2S cn i 1.........-1. cn " a ti I o �� � r r i V---- X001109 W ❑ Z 0 o I I m H 1 I Q I UIIFt1It t c ' I o O ' k _ r— G •�' °t 4 x i.e. L, •1 ngtri "` ` y 1 '�-teginVLY— Co O W �/ "'` ; ( . ,moo. a� 4. SWWS 3 , 03 LL. 4l $ -. � Z V p p e a a x i spy If^1``` LA- �i :tt j EF- il'-hys� u — W W J Yt d 4 V W . �J�} "/o^ff T, y}- L �:W �� {f, t�S V W e13.... . W I ' Z Z r r ke; m' d o c f.c �r�. s, { : J-10 0 I W W W �, 1.4 • -- .-., a ; ?— 340 J W Z • p p '_ as +#,.r6; � ' ., , ex a .-Ikart ;. / . J Q p N Z Z ,J-1 o�verxOar = N W W s H x+6 t`< --1i' r v g.-"1 Wr�Yo- _ I '`"t C/i 3n i9 "'a PPP' sgyo r t. - 7 O I - LL I. y � t Pi��(i, rcf fvu -w ,.z` a a 'to A titer- Q^tE^ �'.,N°ra• Uv 0O Mo i'nh v&a r & L 4 uv fir _ d �° W — w C 41.? st�»fit r $ H - H W 0 Z Z 4 ��4 S i.�(n 4 i . .. J U u) W w w t o EMI Ft i d I <- k ' N s✓9x J _1 t i i- ri-it, „4a w .-O `,a i d r7 W CS= 3 � i 1 p '4 � 1 a W W ..+7.1.•`47.71 g a '' i w � e 0i w 1„k,a z Z,,, rc Jt \ pr,,]!• '‘:•4.$ i w 1 E a co W 4-..i r 5 i n•p -•.-v-- tsflt sykx, ild l p ti .. I O W a • EXHIBIT C A & B — „ GPA DRC..2009-00716 Se DDA DRC2009-00717 , . . /403 Archibald Avenue egg. :;,..,,,,,,i,,,,-77.,-,--:-. :.-.7r,:‘ -i.,,7;,; ',.,„,,6 i:-Ii...r.F-ii.N.Ti.,1:19-.2,,,;,:.T.p.-:;;;7;:i;:::-....-:..,,,,',.,.;,.,:a.T--,...-;;.--,7,...,.1:4,....ir.:.x.,7-i:-..-.7?-1-.1•;,IL•.,72:-;;;;;;,,,,.-,.-,.. ,.• 1114.5; Ii4,■\V ',.4'.''=;.4'''''':. 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E-r (south of suhiect site) Ex ri no,I, II D . ,, A & B- 12 CPA DRC ( 9-00 716 Sr DDA DRC 20D9-0071 7 - 7403 Archihaid AJ emue +La t 's. T� T r ' ^ T k , Ii ^l" - the/ D 7 "X: CFA DRC2OQO9-OO 7 6' & D>UL4. DRf2OO9-O0717 /463 Ar°chiba'd AFvenue 0 . }M$iy • ifi.,,,' •4 ,..'.,..4-:•.Af, ' i,7',... :,;,..,„it%t;,/,.,.•;;;,....,-.-,, ,.. . " • s .I'•l,,,T,,: , /;.,60,,..,;•, M/ 1 f a -Y•j' 3 ., ^,S, ( I J.A.0• ° y �4 �A, .!..A....•-..;,.'s _�C.• 1 ,j'• 'k.. ,. F mo ti'• / \ 11►M 1 `f �� t T; .‘. f'.1 1 •;.. - r. 4 s a 4.x.3 ii ii • Looking west from subject site . - 1 M,,'qr c�,A`1 b:� r f t` A a� :w � uy 4.. ? lf,. . 'y .,0%;„. -i ;7'74,-- S 4 �� _ • #, , ., Looking southwest from subject site allone5 AL°chihaMM A..vvemme A & B - 14 GPA DRC2O(9-O(17 16 & DDA DRC2 (9-o( 7 f.7 7403 Archifa aid Avenue • • • P I r • „. ... . I y:ilf.vr. Nye ms ' • i y1 1 ,e R 7,.e& ,14, it,t--1141 - •-,•-..: 4'.,..„--, , _, - • ri. : . —...,g yrs- fi a - ._,� r. : - n 7 e” -, r �F _';,1:',, 6.4 }+arM t; F...{ X4.7 t` +� '"Rtx'•.* tiff X s,--_ ¢- Looking north from subject site • .a • •43i.�. 4i fir,. ,,,,,„,b , .1.'s ti . Y f LI ;y r +1i4 Y 'u '','''..1 ,��, P;,rP ,r ,* '! I- '-J ro" r, ri h 01,y* J. v dti "4 T Ili l r 1 4b: +� X11 rx +101 1r F :4 A+bF 1,- �ry : rl ^T r.-,�..9I r ihy ^_ v d 'I Q IFT g r 7f. r It X01 I0'T,I, Pe ' Qe. C ,.0 .1,1,,,, ,,,,,„,,,;,),...,, ,t,7,4,,. �y?!Y_ .�-,,t°F�' a „- 1 i. V.,I}` v f7�4s 1 �`l ''o,4r/y.1 l,4,..!.,,,,,l 11 L,I4 lth I0■4y i.! 1i'' v '`C'7 4f,..§, '1 µ•44,-1 ' 7 $fir �t ''' w�i _tqa iyJ v` s '.•r �, }s� "< f _. s7...J� Irr„i r,{ 1.1, ,� i � 4.,C.-.W.V.' ”' `"q-. ' 3- gy' -:., ' 7 4 4444f,"."4L� y "7J q'et uus q.,.r• Li.. s, , a n ?A 1+r� "Y , env--:r t -.es 'F•�; >,+. >:w `— L n� � J�' r" '�a �. d* � w^ +7n..y; • �L A X •hA , 1,1 . -..�� - '•' .^"F*"c `_`c• $- .-, _ v 0 Looking south from subject site A & B— 1 5 RESOLUTION NO. 10-06 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2009-00716 TO CHANGE THE ZONE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO LOW RESIDENTIAL FOR 0.58-ACRE OF LAND LOCATED AT 7403 ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-011-43. A. Recitals. 1. The City of Rancho Cucamonga filed an application for General Plan Amendment DRC2009-00716 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On February 24, 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. 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 24, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 0.58-acre of land, basically a rectangular configuration, located at 7403 Archibald Avenue, and is presently developed with a single-family residence. Said property is currently designated as Neighborhood Commercial; and b. The property to the north of the subject site is designated Neighborhood Commercial; the property to the west is designated Office Professional; the property to the east is designated Low Residential; and the property to the south is designated Low Residential; and c. This amendment does not conflict with the Land Use Policies of the General Plan because it is compatible with the established use on-site and will provide for development within the district in a manner consistent with the General Plan and with related development. Additionally, it • will provide a public benefit by preserving an existing historic landmark; and d. This amendment does promote the goals and objectives of the Land Use Element by promoting consistent residential development/land use patterns; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. Additionally, the site is developed with an existing historic single-family home consistent • with surrounding land uses in the vicinity. A & B- 16 • PLANNING COMMISSION RESOLUTION NO. 10-06 GPA DRC2009-00716 — CITY OF RANCHO CUCAMONGA February 24, 2010 • Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with the existing land use in the surrounding area and is developed with an existing single-family home; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties, and no new construction is proposed as part of the land use amendment; and c. That the proposed amendment is in conformance with the General Plan. 4. The Planning Department staff has determined that the project is exempt from the requirements of California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines. The project will permit less density, and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) - Review for Exemption. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, • concurs with staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment DRC2009-00716. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH 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 24th day of February, 2010, by the • following vote-to-wit: A & B - 17 PLANNING COMMISSION RESOLUTION NO. 10-06 GPA DRC2009-00716 — CITY OF RANCHO CUCAMONGA February 24, 2010 • Page 3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • A & B- 18 RESOLUTION NO. 10-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717 REQUESTING TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM NEIGHBORHOOD COMMERCIAL TO LOW RESIDENTIAL FOR 0.58-ACRE OF LAND LOCATED AT 7403 ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-011-43. A. Recitals. .1. The City of Rancho Cucamonga filed an application for Development District Amendment DRC2009-00717, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development District Amendment is referred to as "the application." 2. On February 24, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2009-00717 and issued Resolution No. 10-06, recommending to the City Council that the associated General Plan Amendment DRC2009-00716 be approved. 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 24, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 0.58-acre of land, basically a rectangular configuration, located at 7403 Archibald Avenue, and is presently developed with a single-family residence. Said property is currently designated as Neighborhood Commercial; and b. The property to the north of the subject site is designated Neighborhood Commercial; the property to the west is designated Office Professional; the property to the east is designated Low Residential; and the property to the south is designated Low Residential; and c. This amendment does not conflict with the Land Use Policies of the General Plan because it is compatible with the established use on-site and will provide for development within the district in a manner consistent with the General Plan and with related development. Additionally, it will provide a public benefit by preserving an existing historic landmark; and d. This amendment does promote the goals and objectives of the Land Use Element by promoting consistent residential development/land use patterns; and • e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding A & B- 19 • PLANNING COMMISSION RESOLUTION NO. 10-07 DDA DRC2009-00717— CITY OF RANCHO CUCAMONGA February 24, 2010 Page 2 • properties.•Additionally,the site is developed with an existing historic single-family home consistent with the surrounding land uses in the vicinity. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with the existing land use in the surrounding area and is developed with an existing single-family home; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties, and no new construction is proposed as part of the land use amendment; and c. That the proposed amendment is in conformance with the General Plan. 4. The Planning Department staff has determined that the project is exempt from the requirements of California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines. The project will permit less density and the effect will allow no more intense use of the property than is already being used, and since it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment,the proposal is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines • Section 15061(b)(3)- Review for Exemption. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development District Amendment DRC2009-00717. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH 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 24th day of February, 2010, by the following vote-to-wit: A & B -20 PLANNING COMMISSION RESOLUTION NO. 10-07 DDA DRC2009-00717— CITY OF RANCHO CUCAMONGA February 24, 2010 Page 3 • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • A & B -21 STAFF REPORT ��' y • PLANNING DEPARTMENT I J RANCHO CUCAMONGA DATE: February 24, 2010 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Mike Smith, Associate Planner SUBJECT: DEVELOPMENT DESIGN REVIEW DRC2009-00880 - LEWIS DEVELOPMENT CORPORATION - A proposal to remodel the exterior of Buildings A through K (Buildings L through N are not-a-part) and install new landscaping at an existing shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan (TVCP), located at the northeast corner of Haven Avenue and Base Line Road - . APN: 1076-481-25 through -35. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities. BACKGROUND: On February 2, 2010, this application was reviewed by the Design Review Committee. The application was scheduled for review and action at the Planning Commission to be conducted on February 24, 2010, with the anticipation that the Committee would accept the proposal and recommend approval. However, they did not accept the proposal as submitted and • requested that the applicant revise the proposal for a follow-up review. To allow the applicant time to revise the application and resubmit the proposal for review by the Committee, staff is requesting a continuance of this public hearing item and will reschedule it for a date to be specified later. The revised application will be re-advertised, the site re-posted, and the surrounding property owners within 660 feet of the subject site re-notified. RECOMMENDATION: Staff recommends that the Planning Commission continue Development Review DRC2009-00880 to a later unspecified date. Respectfully submitted, Jam R. Troyer, AICP Planning Director JRT:MS/ge Attachments: Exhibit A — Design Review Committee Action Comments dated February 2, 2010 • Item C • • DESIGN REVIEW COMMENTS 7:00 p.m. Mike Smith February 2, 2010 DEVELOPMENT DESIGN REVIEW DRC2009-00880 - .LEWIS DEVELOPMENT CORPORATION — A . proposal to remodel the exterior of Buildings A through K (Buildings L and M are not-a-part) and install new landscaping at an existing shopping center in the Neighborhood Commercial (NC) District, Terra • Vista Community Plan (TVCP), located at the northeast corner of Haven Avenue and Base Line Road - APN: 1076-481-25 through 35. Staff has determined that the project is categorically exempt from CEQA review and qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities. Design Parameters: The project site is a parcel of approximately 556,159 square feet (12.77 acres) that is approximately 884 feet (east to west) by approximately 884 feet (north to south). The site is developed with a shopping center comprised of 13 buildings with a combined floor area of about 132,000 square feet (Exhibit A). Of the 13 buildings, 7 of them (Buildings A through G) are contiguous to each other and form a continuous block that is generally located at the northeast corner of the site. The other 5 buildings are single-tenant pad.buildings (J, L, and M) or multi-tenant buildings (H, K, and N), which are located along either the Base Line Road or Haven Avenue street frontage along the south and west sides.of the site. All buildings are owned by the applicant except Buildings L and M, which are owned by the operators of •Coco's Restaurant and Burger King, respectively. The property is surrounded on all sides by single-family residential development. The zoning of the property is Neighborhood Commercial (NC) District, Terra Vista Community Plan. The zoning of the properties to the south is Medium and Low-Medium (LM) Residential District, Terra Vista Community Plan. The zoning of the properties to the . west is Low (L) Residential District. The applicant proposes to significantly renovate the exterior elevations of Buildings A through K. The renovations consist of a new color scheme, adding a new decorative stone veneer at various locations, such as the tower elements and the columns at major entrances, which are currently finished with stucco (Exhibit B); redesigning the parapets and associated cornices so that they are straight instead of curvilinear (Exhibit C); removing the exposed rafter tails (Exhibit D); and adding new trim and fabric • awnings. The basic physical characteristics of each building will remain unchanged; there will be no increase in the height or floor area of the buildings or the addition or removal of colonnades, tower elements, and other significant features. As Buildings L (Coco's Restaurant) and M (Burger King) are under separate ownership, the renovations to those buildings will be limited to the new color scheme only to match the other buildings. Also included in the proposal, is the planting of new water efficient landscaping throughout the site and the installation of new hardscape and plaza areas. Building N (Blockbuster and others) will be demolished to allow for the construction of a new gas station canopy during a second phase of the revisions that the applicant plans for the center, This second phase will be submitted under a separate application and forwarded to the Planning Commission for review and action at a later date. 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 . The applicant is removing from the south elevation of Building B (formerly Long's Drug) and the west elevation of Building F (Ralph's Market) a Mission-inspired, decorative tile/planter features (see Exhibit E) and replacing them with bare stucco. In addition, reconstruction of the existing EXHIBIT A C - 2 • DRC ACTION AGENDA February 2, 2010 • Page 2 "Spanish" parapet design elements to a new horizontal configuration is proposed. In staff's opinion, it does not appear to be necessary or an architectural enhancement to remove such features. Staff suggests keeping these features in-place, or if they cannot remain, installing .similar decorative features as replacements that will further complement the proposed exterior changes. 2. The applicant is removing decorative quatrefoils that are located at the tower elements and some of the primary entrances to each building (Exhibit F). In place of the quatrefoils, the applicant proposes signs. Staff recognizes the need for signs to identify tenants. However, staff suggests incorporating smaller quatrefoils, and/or installing them elsewhere or proposing a new, compatible decorative element instead of removing them altogether. 3. The Landscape Plan proposes the removal of existing mature trees, planter areas, shrubs, turf and seat walls. For example, the applicant is proposing to remove all existing Sycamore Trees along the primary east to west drive aisle off Haven Avenue and the north to south drive aisle off Base Line Road that leads to Ralph's Market and replace with Mexican Fan Palms. Also, the planter area in front of Ralph's Market will be demolished and replaced with pots with shrubs at the columns, and tables with umbrellas will be installed at select locations. The Committee should review the proposed hardscape improvements, tree and plant removals and the proposed plant palette changes and provide comment as needed. 4. 1 The design of the trash enclosures is not consistent with the current City standard which includes roll-up doors, overhead trellis, and separate entrance for people. The Committee may wish to consider upgrading the enclosures most visible to the public, i.e. those in the parking lot area • (Exhibit G). 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. All accessory structures, such as the trash enclosures shall, at a minimum, be painted to match the new color scheme of the shopping center. • 3. An application to amend the existing Uniform Sign Program (USP #64) and fee shall be submitted prior to the issuance of permits for the exterior reconstruction/renovation of the buildings. 4. The proposed removal of any trees shall require the submittal of a Tree Removal Permit application and fee prior to removal of the trees. If the option exists to preserve/protect in-place existing trees, that alternative shall be pursued first. Staff Recommendation: The proposed architectural, landscape, and hardscape demolition and landscape plant palette changes will substantially alter the existing built environment and cumulatively create a dramatically different look and visual impact for the established, Mission-inspired neighborhood center. Staff recommends that the Committee review the proposed exterior changes in light of the Major Issues outlined and provide input and direction. With the Major Issues addressed to the satisfaction of the Committee, staff recommends that the project be approved and forwarded to the Planning Commission for review and action. Design Review Committee Action: • The Committee reviewed the application and deemed it unacceptable for forwarding to the Planning Commission for review and action. The Committee concluded that the architectural revisions to the shopping center were not consistent with the quality of the original design. The proposed revisions, r_n DRC ACTION AGENDA •February 2, 2010 Page 3 including the elimination of the curvilinear parapets; the removal of key architectural details/elements such as the quatrefoils and decorative tile work; and replacement of existing, mature landscaping, diminished and downgraded the character of the shopping center. The revisions and addition of new details/elements proposed by the applicant were supposed to represent a new theme for the center but the Committee did not believe the changes were sufficient in scope to express the new theme at the same level of architectural caliber as the original design. The Committee directed the applicant to add more details/elements (or enhance those already presented), increase the application of materials, and consider other means to further express and execute the new theme while providing the same quality of architecture as the original. The revised plans are to be submitted for review by the Committee prior to review and action by the Planning Commission. Staff indicated that the Planning Commission public hearing scheduled for this item on February 24, 2010, would be continued to a future date. Staff Planner: Mike Smith • Members Present: Munoz, Wimberly, Granger • • • • • C -4 i STAFF REPORT it 4f PLANNING DEPARTMENT DATE: February 24, 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: TENTATIVE PARCEL MAP SUBTPM19087 - CITY OF RANCHO CUCAMONGA - A two lot parcel map to create a 1.9-acre parcel from an existing 40-acre parcel to provide a site for the North End Public Safety Facility (new 15,639 square foot Police Department Substation), located at the southwest corner of Milliken Avenue and Grizzly Drive - APN: 0201-191-27. Related File: Development/Design Review DRC2008-00481. Staff has found the project to be within the scope of the project • covered by a prior Mitigated Negative Declaration (State Clearinghouse 2007121114 certified by the San Bernardino County Flood Control District on January 6, 2010) and does not raise or create new environmental impacts not already considered in that environmental document. DEVELOPMENT DESIGN REVIEW DRC2008-00481 - CITY OF RANCHO CUCAMONGA - Development Design Review of building elevations and detailed Site Plan for the North End Public Safety Facility (new 15,639 square foot Police Department • Substation) on a 1.9-acre site located at the southwest corner of Milliken Avenue and Grizzly Drive - APN: 0201-191-27. Related File: SUBTPM19087. Staff has found the project to be within the scope of the project covered by a prior Mitigated Negative Declaration (State Clearinghouse 2007121114 certified by the San Bernardino County Flood Control District on January 6, 2010) and does not raise or create new environmental impacts not already considered in that environmental document. PROJECT AND SITE DESCRIPTION: A. Project Density: FAR .188 B. Surrounding Land Use and Zoning: Project Site - Vacant — Flood Control North - Vacant— Flood Control South - Vacant— Flood Control East - Los Osos High School — Flood Control West - Vacant— Flood Control C. General Plan Designations: Project Site - Flood Control North - Flood Control South - Flood Control East - Flood Control • West - Flood Control ITEMS D & E PLANNING COMMISSION STAFF REPORT SUBTPM19087 AND DRC2008-00481- CITY OF RANCHO CUCAMONGA • February 24, 2010 Page 2 D. Site Characteristics: The project site is currently vacant open space. The substation site comprises approximately 1.9-acre of a larger 40-acre parcel. The site slopes slightly downward from the northeast to the southwest, with an elevation of 1,680 feet above mean sea level at the site. An existing natural drainage course runs through the main parcel, but does not run through the Substation site. Deer Creek Channel divides the 40-acre parcel from residential development to the west. Surrounding land uses include Los Osos High School to the east across Milliken Avenue, with open space on the remaining three (3) sides of the project site, a fire station to the southwest, and residential development to the west and south beyond the open space. E. Parking Calculations: Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Office 15,639 1/250 63 53 (staff and Dept. vehicles) 22 visitor spaces. Total 75 spaces • ANALYSIS: A. General: The substation design provides space for offices, workstations, meeting rooms, and associated areas such as restrooms, storage areas, and a kitchenette/break room. Fifty-three employee parking spaces would be secured in a gated area, and 22 additional parking spaces would be available for visitors. A storage building of approximately 450 square feet would be constructed inside the gated area. The north end station will offer the same services as the main station next to City Hall, including the preparation of criminal and traffic reports, vehicle releases, fingerprinting, and the ability to obtain copies of reports. The entrance to the substation would be on Grizzly Way. Grading is proposed to create a building pad and parking area. The substation design includes parking lot lighting, fencing, landscaping, and contemporary architecture that is compatible with Los Osos High School, located on the east side of Milliken Avenue. The facility is designed with the best Leadership in Energy and Environmental Design (LEED) practices available including permeable pavement and building roof/covered parking with photo electric panels. A Signage Program is also proposed that is attractive and compatible with the architectural style. B. Design Review Committee: The Committee reviewed and recommended approval on August 18, 2008. • • PLANNING COMMISSION STAFF REPORT • SUBTPM19087 AND DRC2008-00481- CITY OF RANCHO CUCAMONGA February 24, 2010 Page 3 C. Neighborhood Meeting: June 30, 2009, a neighborhood meeting was held at Los Osos High School. Approximately 9 residents were in attendance. The project architect presented the project; and staff was in attendance to answer design and operation questions. (Exhibit A for details). D. Technical and Grading Review Committees: The Committee reviewed and recommended approval on January 19, 2010. E. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the County of San Bernardino adopted a Negative Declaration in January 6, 2010, in connection with the County's approval of Rancho Cucamonga Sheriffs Department Substation and Property Transfer (Exhibit B). Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental ER or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project Was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or • different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the project and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The project is a joint project between the County and the City to provide public safety services to the northern portion of the City and the unincorporated areas along the foothills and the project site, and architectural design is consistent with the County's prior analysis. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The project site and architectural design is consistent with the County's prior analysis. There have not been any significant changes in the surrounding area subsequent to the County's environmental action. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of SUBTPM19087 and DRC2008-00481. FACTS FOR FINDING: TENTATIVE PARCEL MAP SUBTPM19087 1. Facts: The Land Use Designation is Open Space — Flood Control and the policies for this type of land use provide for public safety facilities to be located therein. • Finding: That the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and E -3 PLANNING COMMISSION STAFF REPORT SUBTPM19087 AND DRC2008-00481- CITY OF RANCHO CUCAMONGA • February 24, 2010 Page 4 • 2. Facts: The Tentative Parcel Map design along with the Site Plan, appear to be consistent with applicable City policies. Finding: The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and 3. Facts: The Tentative Parcel Map design along with the Site Plan and Tentative Grading Plan present a well designed facility that is reasonably accommodated at the location. Finding: The site is physically suitable for the type of development proposed; and 4. Facts: The environmental record of all specialized studies including a Water Quality Management Plan and associated permits and mitigations, demonstrate reasonable compatibility with the environment. Finding: The design of the Tentative Parcel Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and 5. Facts: Based on the site location, design characteristics, building size, orientation, perimeter walls, and landscaping, the parcel characteristics demonstrate the site will not • cause serious public health problems. Finding: The Tentative Parcel Map is not likely to cause serious public health problems; and 6. Facts: Based on engineering studies, there are no known easement conflicts. Finding: The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. DEVELOPMENT DESIGN REVIEW DRC2008-00481 1. Facts: General Plan Goal; "2.3.7.1 Our Police Department shall regularly evaluate its programs and make adjustments as needed to respond to the changing needs of our community." This a joint project between the County and the City to provide public safety services to the northern portion of the City and the unincorporated areas along the foothills and the project site and architectural design are consistent with the City's standards. The project will assure that adequate public safety resources will be available to serve the residents. Finding: The proposed project is consistent with the objectives of the General Plan; and 2. Facts: Under the Development Code; "Site Dimensions, Height Limitations, and Setbacks. Development standards such as site dimensions, height limitations, and setbacks shall be determined on a site-by-site basis. Consideration shall be given to surrounding properties and • developments in order to blend and remain consistent with the area. Other factors for pelp PLANNING COMMISSION STAFF REPORT • SUBTPM19087 AND DRC2008-00481- CITY OF RANCHO CUCAMONGA February 24, 2010 Page 5 determination of standards shall be topography, water/drainage, circulation, use of site, and any other environmental factor related to the site." In this case the drawings as submitted meet the criteria described herein. Finding: The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and 3. Facts: The San Bernardino County Flood Control District has declared the site surplus and is not needed for flood control purposes; therefore, the public safety facility is within the requirements and purpose of the Development District. Finding: The proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. Facts: The project presented as a whole including all drawings, Conditions of Approval, and permits will assure the use will be not detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. Finding: The proposed use, 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. 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 approval of the Tentative Parcel Map SUBTPM19087 and Development Design Review DRC2008-00481 by adoption of attached Resolutions and Conditions of Approval. Respectfully submitted, 9getyti,g...) theta, James R. Troyer, AICP Planning Director JRT:LH\ds S DBE "� PLANNING COMMISSION STAFF REPORT SUBTPM19087 AND DRC2008-00481- CITY OF RANCHO CUCAMONGA • February 24, 2010 Page 6 Attachments: Exhibit A - Neighborhood Meeting Agenda, held on June 30, 2009. Exhibit B - Initial Study (Rancho Cucamonga Sherriffs Substation and Property Transfer) dated December 17, 2007 Exhibit C - Site Location Map Exhibit D - Site Plan Exhibit E - Floor Plan Exhibit F - North and West Elevations Exhibit G - South and East Elevations Exhibit H - Renderings Exhibit I - Landscape Plan Exhibit J - Tentative Parcel Map Exhibit K - Grading Plan Exhibit L - Fire Access Plan Draft Resolution 10-08, for Tentative Parcel Map SUBTPM19807 with Standard Conditions of Approval Draft Resolution 10-09, for DRC2008-00481 with Standard Conditions of Approval • • • • PITASSI ARCHITECTS, INC. CITY OF RANCHO CUCAMONGA NORTH END PUBLIC SAFETY FACILITY SUB-STATION NEIGHBORHOOD MEETING REPORT SUMMARY JUNE 30, 2009 AT LOS OSOS HIGH SCHOOL • Notifiration Method • Property owners within a 660' radius taken from the entire property and not just the proposed 1.9 acre parcel were contacted by the City using the U.S. postal service. The meeting was held on June 30, 2009 at Los Osos High School and in attendance representing the project were Linda Daniels (Redevelopment Director), Larry Henderson (Principal Planner), Captain Joe Cusimano (Chief of Police), Pete • Pitassi (Architect), and Curtis Dahle (Architect). Presentation • Pete and Curtis explained the purpose of the project, clarified the location for the new building, and described the site development and building design. • Question Summary • Could a disaster prompt the Facility to become a jail? - No, Facility will not be utilized as a jail. It is not designed to hold detainees, and other facilities exist which would fulfill this need. (Captain Joe Cusimano) • Due to the roof pitch, will the Facility be as tall as a two story building? - No, the finished floor of the facility is 6' below the street grade at Grizzly Way and Milliken Ave. so the 34' height at the ridge of the sloped roof would be lower in relationship to the street grade. The roof pitch is being implemented to maximize the productivity of the photovoltaic panels on the roof. (Pete Pitassi, Curtis Dahle) • Will there be any flood control issues for the Facility? - The developed site has been designed to retain the initial rain water from a storm and allow it to percolate back into the ground. Storm water in excess of this amount • will enter the public storm drain system in Milliken Ave. (Pete Pitassi, Curtis Dahle) • •8439 White Oak Ave.,Suite. 105• Rancho Cucamonga,CA 91730• • •Tel.(909)980-1361 • Fax.(909)944-5814• E-mail pjpaia @pitassiarchitects.com• EXHIBIT - A • o7 • • Will there be any issue with the noise level during the night? - The Facility will have shift changes at night which will produce some noise, but the testing of vehicle sirens and lights can be done once off site to minimize noise level. (Joe Cusimano) • Will there be any lights that are on throughout the night? - Yes, the parking lot is required by City code to provide a minimum of one footcandle illumination at the ground plane. The Development Code also limits light posts to maximum 15' in height. (Pete Pitassi, Curtis Dahle) • Are there any future expansions planned for the Facility? - No, there is currently no expansion or addition planned for the Facility within the approximate 1.9 acres which were allotted by the San Bernardino County Flood Control District. (Linda Daniels) • What was the process of choosing this site and were others looked at? - There were other sites looked at, but economic and geographical factors determined that this would be the best location for the new Facility. (Linda Daniels) • • Will this Facility negatively affect property values? - Of all of the studies that have been looked at, there is no evidence that public • safety facilities such as this will decrease property values. A person in the audience indicated that certain insurance companies will give premium discounts based on proximity to Police stations. (Linda Daniels) • How will this substation improve customer service as currently provided at the main station? - The substation will better serve the North-end community due to its more convenient location, and will help lower the response times for people living in the North- end of the city. (Captain Joe Cusimano) • How many officers will be located at the Facility? - Approximately 35 officers may be relocated from the existing police station, and will be divided into three shifts. (Captain Joe Cusimano) • How long will the construction take? - The construction is scheduled to last about 18 months from start to finish. Prior to that, the process of getting construction drawings prepared, plans approved, and the project bid out will take a year before construction can begin. However, due to the State's fiscal issues, the funds which have been set aside by the City to construct this project could be appropriated by the State. If this happens, construction might not • even begin for another three years. (Linda Daniels, Pete Pitassi) • •8439 White Oak Ave.,Suite. 105• Rancho Cucamonga,CA 91730• •Tel.(909)980-1361 • Fax.(909)944-5814• E-mail pjpaia @pitassiarchitects.com• • Will the public be kept informed of the progress? - There will be a Planning Commission public hearing as part of the development review process once the funding for the project is fully approved. The same list of property owners will be notified by mail of that public hearing. (Linda Daniels) • How did the entire process begin? - It was identified that there is a need for a station that could better serve the North- end of the City. And, in conjunction with the closing of the Chino Hills Sheriffs facility, the opportunity arose to construct a new facility which will be shared by the City and County Sheriffs departments. (Linda Daniels and Captain Joe Cusimano) • Has anyone shown interest in the vacant land that surrounds the Facility? - The entire parcel is still owned by the San Bernardino County Flood Control District and is not currently for sale. It is currently zoned FC (Flood Control) and the • balance of the parcel would most likely be re-zoned to Residential at some point in the future. (Linda Daniels) • What type of trees will be chosen for the West and South edges of property? - Specific trees have not been selected yet, but there are restrictions on what can be planted based on City Fire protection ordinances. (Linda Daniels and Larry Henderson) • Will there be any communications and/or cell phone towers on Facility grounds? - No, there will be no cell phone or communication towers on the Facility. (Captain Joe Cusimano) • •8439 White Oak Ave.,Suite.105 • Rancho Cucamonga,CA 91730• •Tel.(909)980-1361 • Fax.(909)944-5814• E-mail pjpaia @pitassiarchitects.com• , NEIGHBORHOOD MEETING Development Review DRC 2008-00481 SPONSORED BY CITY OF RANCHO CUCAMONGA Dear Neighbor: You are invited to attend a neighborhood meeting to discuss the City of Rancho Cucamonga's intent to develop a Public Safety Facility - Police Substation located in the northern portion of Rancho Cucamonga. The vacant property is approximately 1.9 acres in size and is located on the west side of Milliken Avenue, north of Banyan Street, directly opposite Los Osos High School. The City of Rancho Cucamonga and the Architect will be in attendance to discuss the proposal and answer any questions you may have. I I IEI I See you there! • a SAY Ilin will S E-• SAVE THE DATE: Tuesday, June 30, 2009 twin• ♦.nm►,i .,• L .PROJECT mint 'LOCATION WWI mu et TIME: 7:00 pm iv mum: �" J . Ern e ♦; LOCATION: Lecture Hall Pen nunr • ® Loa Osos'Hiph School pnlilt' Los Osos High School Yen sun I 6001 Milliken Avenue Wan un _ Rancho Cucamonga, CA 91737 fru 7 fly nit;lllll III 4_d,_,"u' ° ...,tic DIRECTIONS: Los Osos High School is located - Al, ~O 'i';. '^' rH 'ti - NIII� 'X ,��j �'� on Milliken Avenue, north of °=i 11tl k >' '✓Lwu r. Banyan Street Nunns 'QI y', QUESTIONS: You may contact Peter Pitassi at Pitassi Architects, Inc. if you have i I Gym' I I I Svc• ming Pool any questions regarding this `E • meeting at (909) 980-1361 L LECTURE HALL y\® I ❑I\ Im®�®M rn ®® mil■rr LibrBIV ® -, now G . CO I AdmiORb d,ian _> A Building . 181 Los Osos H.S. • `\ 1h�er • • CITY OF RANCHO CUCAMONGA NORTH END PUBLIC SAFETY FACILITY SUB-STATION NEIGHBORHOOD MEETING June 30, 2009 SIGN IN SHFFT NAME ADDRFSS PHONF NO. 4' YUDO�S ll,Zb C ECerfee ?DP- M4-1 99ZZ LOKI f i oP (..;I .floc. %1 V17-Z7519 1595 /SrLL 4 E1//E- F RNE-6( s 9SV C'tntre knActimyri N 92. G"-" 41/kE 4-3)(A-A)A /4e-Jir�,O,t/�T,ey 110 ?Fr S Ito It a2-, 9o7- 989-/Gccf 7Q,n�- here4a /if7pAl //0f9 JA,10Ae- % 9-9 /G4 y • °77 44 `//%4 t o4i4 i C{ ri - lb' 7-k1s S' PtLAti Q'aT SS&c cc Aa n-n--i 92 9 0137 941-1 - 5095- Ruk>it (gp.P C f (von— m-r-ki cry 4 art (t-PQ crew, ■t_oo2a lot`! t Cstm:? - )fey. 1T•k, 'ic'f) nct-3(re / 1na v. ItVYutn- l l b 46 Cea r Go& )rz (90 0i J 9 `fir- 7�27 • pt E-11 • • SAN BERNARDINO COUNTY INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM This form and the descriptive information in the application package constitute the contents of Initial Study pursuant to County Guidelines under Ordinance 3040 and Section 15063 of the State CEQA Guidelines. I. Project Label: Assessor Parcel No.: 0201-191-27 (Portion of) Project No.: AP20070003 Sponsor County of San Bernardino Proposal: Rancho Cucamonga Sheriffs Department Substation and Property Transfer City of Rancho Cucamonga General Plan: Open Space land use : Zoning: Flood Control/Utility Corridor USGS Quad: Cucamonga Peak T,R,Section: Portion NE corner T1N-R7W, SBB&M, Section 25 Thomas Bros: Page 573, grid D-3 Location: Approximately 1.91 acres on the west side of Milliken Avenue, at the southwest corner of Milliken Avenue and the extension of Grizzly Way, and approximately 1,050 feet north of Banyan Avenue. • PROJECT DESCRIPTION: 1. Project title: Rancho Cucamonga Sheriffs Department Substation and Property Transfer • 2. Lead agency name and address: San Bernardino County Land Use Services Department, 385 N. Arrowhead Avenue, San Bernardino, CA 92415-0182 3. Contact person and phone number: Carrie Hyke, Principal Planner, Tel. (909) 387-4147, Fax 909.387.3223, e-mail: chyke @lusd.sbcounty.gov 4. Project location: The Rancho Cucamonga Sheriffs Department Substation is proposed to be located in the northerly portion of the City of Rancho Cucamonga, in northwestern San Bernardino County. The Substation would be located on approximately 1.91 acres on the west side of Milliken Avenue, at the southwest corner of Milliken Avenue and the extension of Grizzly Way, and approximately 1,050 feet north of Banyan Avenue. 5. Project sponsor's name and address: City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. 6. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.): The City of Rancho Cucamonga contracts its police services through the County of San Bernardino Sheriffs Department. The Rancho Cucamonga Sheriffs Department Substation ("Substation") would serve the northerly portion of Rancho Cucamonga and the Mt. Baldy, San Antonio Heights and Lytle Creek unincorporated areas. The Substation will be located west of Los Osos High School, on approximately 1.91 acres that is a portion of a 40-acre parcel of land owned by the San Bernardino County Flood Control District. (Refer to Exhibit 1: Regional Location Map and Exhibit 2: Vicinity Map.) It is anticipated that the personnel based at the Substation would include 17 sworn personnel to serve the City, 8 sworn personnel • to serve the County unincorporated areas, 18 non-sworn (civilian) personnel of which 12 would serve City areas, 6 would serve County areas, and 7 general staff, for a total of 50 personnel. EXHIBIT - B p 'l� ■ Rancho Cucamonga Sheriffs Substation and Property Transfer Page 2 of 29 December 17, 2007 • The Substation would provide approximately 12,000 square feet of space for offices, workstations, meeting rooms, and associated areas such as restrooms, storage areas, and kitchenette/breakroom. Employee parking (50 spaces) would be secured in a gated area, and 12 additional spaces would be available to visitors. A storage building of approximately 850 square feet would, be constructed inside the gated area. (Refer to Exhibit 3: Conceptual Site Plan.) Public office hours will be 7:00 am to 6:00 pm, but will expand as the need arises. The North End Station will offer the same services as the main station next to City Hall, including the preparation of criminal and traffic reports, vehicle releases, fingerprinting and the ability to obtain copies of reports. The entrance to the Substation would be on Grizzly Way, which would be extended to the west from across Milliken Avenue. Minor grading will be needed to create a building pad and parking area. The Substation would include parking lot lighting, fencing, landscaping, and contemporary architecture. The property transfer of approximately 1.91 acres would initially convey San Bernardino County Flood Control District land to the County of San Bernardino. The County of San Bernardino would then convey the ownership of the subject land to the City of Rancho Cucamonga. A record of survey would be filed with the County Recorder to document the property corners and configuration. ENVIRONMENTAL/EXISTING SITE CONDITIONS: The project site is currently vacant open space. The Substation site comprises approximately 1.91 acres of a larger 40-acre parcel. The site slopes slightly downward from the northeast to the southwest,with an elevation of 1,680 feet above mean sea level at the site. An existing natural drainage course runs through the main parcel, but does not run through the Substation • site. Deer Creek Channel divides the 40-acre main parcel from residential development to the west. Surrounding land uses include Los Osos High School to the east across Milliken Avenue, with open space on the remaining three (3) sides of the project site, a fire station to the southwest, and residential development to west and south beyond the open space. EXISTING LAND USE North Vacant open space South Vacant open space. Single-family residences located south of Banyan Avenue. East Milliken Avenue and Los Osos High School. West Fire Station and helipad, Deer Creek Channel. Single-family residences located west of the channel. Other public agencies whose approval MAY be required (e.g., permits, financing approval, or participation agreement): Regional Water Quality Control Board: National Pollution Discharge Elimination System permits. City of Rancho Cucamonga: The Rancho Cucamonga Municipal Code requires in part but not is necessarily limited to the processing and approval of a Development/Design Review application, for any new construction on vacant property. The application and process is intended to reasonably ensure that • new developments, including residential, institutional, commercial and industrial developments, do not have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the city in general. Review and analysis by the design review committee will consider design elements, Rancho Cucamonga Sheriffs Substation and Property Transfer Page 3 of 29 • December 17, 2007 such as, but not limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs; and open space. This committee will determine if the project adequately meets city design guidelines and standards, and will transmit an appropriate recommendation to the planning commission. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality El Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology /Water Quality ❑ Land Use/ Planning - Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation n Transportation /Traffic ❑- Utilities /Service Systems ❑ Mandatory Findings of Significance • • • • g-rtl • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 4'of 29 December 17, 2007 • DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. NI I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. • I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to • that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Carrie Hyke, Principal Planner County of San Bernardino Land Use Services Department Advance Planning Division 04444:6�w December 17, 2007 Signature Date • • eb)E /5 • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 5 of 29 • December 17, 2007 EVALUATION FORMAT: This initial study is prepared in compliance with the California Environmental Quality Act (CEQA) Guidelines. This format of the study is presented as follows. The project is evaluated based upon its effect on seventeen (17) major categories of environmental factors. Each factor is reviewed by responding to a series of questions regarding the impact of the project on each element of the overall factor. The Initial Study Checklist provides a formatted analysis that provides a determination of the effect of the project on the factor and its elements. The effect of the project is categorized into one of the following four categories of possible determinations: Potentially Less than Less than No Significant Significant Significant Impact Impact with Mitigation Substantiation is then provided to justify each determination. One of the four following conclusions is then provided as a summary of the analysis for each of the major environmental factors. 1. No Impact: No impacts are identified or anticipated and no mitigation measures are required. 2. Less Than Significant Impact: No significant adverse impacts are identified or anticipated and no mitigation measures are required. • 3. Less Than Significant with Mitigation: Possible significant adverse impacts have been identified or anticipated and the following mitigation measures are required as a condition of project approval to reduce these impacts to a level below significant. The required mitigation measures are: (List mitigation measures) 4. Potentially Significant Impact: Significant adverse impacts have been identified or anticipated. An Environmental Impact Report (EIR) is required to evaluate these impacts, which are (List the impacts requiring analysis within the ER). At the end of the analysis, the required mitigation measures are restated and categorized as being either self-monitoring or requiring a Mitigation Monitoring and Reporting Program. • • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 6 of 29 December 17, 2007 • • Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact I. AESTHETICS— Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ❑ ❑ ❑ c) Substantially degrade the existing visual character or _ quality of the site and its surroundings? ❑ _ ❑ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ❑ ❑ ® ❑ SUBSTANTIATION (Check ❑ if project is located within the viewshed of any Scenic Route listed in the General Plan): I a) The proposed project is not located within a designated Scenic Corridor and will not have a substantial adverse effect on a scenic vista, as there are none identified within the vicinity of the project site that would be affected by the proposed development of the site. • I b) The proposed project will not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway, because the site is not adjacent to a state scenic highway and there are no trees, rock outcroppings, or historic buildings on the project site. I c) The proposed project will not substantially degrade the existing visual character or quality of the site and its surroundings, because the project is consistent with the visual character of surrounding contemporary development in the vicinity. The project will incorporate landscaping and provide screening walls for exterior mechanical equipment, loading and storage areas. I d) The proposed project will not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area, because lighting proposed on site will be hooded and downshielded to protect surrounding properties from any resultant glare. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 7 of 29 • December 17, 2007 Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation lncorp. Impact II. AGRICULTURAL RESOURCES—In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the Califomia Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ❑ ❑ ❑ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ c) Involve other changes in the existing environment which, due to their location or nature, could result in • conversion of Farmland, to non-agricultural use? ❑ ❑ ❑ SUBSTANTIATION (Check ❑ if project is located in the Important Farmlands Overlay): II a) The subject property is not identified or designated as Prime Farmland, Unique Farmland, or Farmland of Statewide. Importance on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. There are no agricultural uses on the site currently. II b) The subject property is designated and the proposed use does not conflict with any agricultural land use or Williamson Act land conservation contract. There are no known Williamson Act contract(s) on the property. II c) The proposed use does not involve other changes in the existing environment that, due to their location or nature, could result in conversion of Prime Farmland to a non-agricultural use. The project site and surrounding area are not considered an agricultural resource, nor are they zoned for any farmland use. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. • • OfEli Rancho Cucamonga Sheriffs Substation and Property Transfer Page 8 of 29 December 17, 2007 • Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact III. AIR QUALITY— Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ® n b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ❑ ® ❑ n c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ❑ ❑ ® ❑ d) Expose sensitive receptors to substantial pollutant • concentrations? ❑ ❑ ® ❑ e) Create objectionable odors affecting a substantial number of people? ❑ ❑ ® ❑ SUBSTANTIATION (Discuss conformity with the South Coast Air Quality Management Plan, if applicable): III a) The project will not conflict with or obstruct implementation of the South Coast Air Quality Management Plan, because the proposed uses do not exceed the thresholds established for air quality concerns within the CEQA Air Quality Handbook developed by the South Coast Air Quality Management District. The proposed 12,000 sq. ft. of office area does not exceed the 96,221-sq. ft. threshold established by the handbook for a small office complex. The traffic increase is not significant based on the handbook criteria and will not contribute in any substantial way to the degradation of local regional air quality. The site will be paved and landscaped, which will mean that little or no wind-blown dust or particulate matter will leave the finished site. III b) The project will not violate any air quality standard or contribute substantially to an existing or projected air quality violation, because the proposed use does not exceed established thresholds of concern as established by the District. A dust control plan will be required as a mitigation measure to regulate construction activities that could create wind blown dust to further reduce impacts. III c) The project will not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors), because the proposed uses do not exceed established thresholds of concern. III d) The project will not expose sensitive receptors to substantial pollutant concentrations, because there • are no identified concentrations of substantial pollutants used or stored on site. • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 9 of 29 • December 17, 2007 III e) The project will not create odors affecting a substantial number of people because there are no identified potential uses that will result in the production of objectionable odors. During construction, some construction related odors may be produced, but are not anticipated to be objectionable and are not anticipated to be noticeable beyond the project boundary. Possible significant adverse impacts have been identified or anticipated and the following mitigation measures are required as conditions of project approval to reduce these impacts to a level below significant. MM# Mitigation Measures III-1 Dust Control Plan. A Dust Control Plan (DCP) shall be prepared consistent with SCAQMD guidelines and submitted to the SCAQMD. All construction contracts and/or subcontracts shall include a requirement that the contractors adhere to the requirements of the DCP. The DCP shall include activities to reduce on-site and off-site dust production. • Throughout grading and construction activities, exposed soil shall be kept moist through a minimum of twice daily watering to reduce fugitive dust. • Street sweeping shall be conducted when visible soil accumulations occur along site access • roadways to remove did dropped by construction vehicles or dried mud carried off by trucks moving dirt or bringing construction materials. • Site access driveways and adjacent streets will be washed, if there are visible signs of any dirt track-out at the conclusion of any workday. • • All trucks hauling did away from the site shall be covered to prevent the generation of fugitive dust: • During high wind conditions (Le., sustained wind speeds exceeding 25 mph), areas with disturbed soil will be watered hourly and activities on unpaved surfaces shall be terminated until wind speeds no longer exceed 25 mph. • Storage piles that are to be left in place for more than three working days shall either be: 1) Sprayed with a non-toxic soil binder, or 2) Covered with plastic, or 3) Revegetated until placed in use. • Tires of vehicles will be washed before leaving the site and entering a paved road. • Dirt on paved surfaces shall be removed daily to minimize generation of fugitive dust. III-2 Air Quality Design. Whenever feasible, the facility shall include the following design considerations: • Provide for the use of alternative energy resources (e.g. passive lighting, heating, ventilation and air conditioning) and conservation efforts in wastewater treatment. • Provide on-site employee services (e.g. cafeterias, postal machines, automated teller, etc.) • Provide on-site right-of-way for sidewalks and bicycle paths to promote employee walking or bicycling to and from work. • Provide bicycle racks, storage facilities, showers and lockers to support bicycle or pedestrian travel modes. • Provide on-site or off-site bus turnouts, passenger benches or shelters to promote mass transit use. • Potentially Less than Less than No Significant Significant with Significant Impact PEa() Rancho Cucamonga Sheriffs Substation and Property Transfer Page 10 of 29 December 17, 2007 • Impact Mitigation Incorp. Impact IV. BIOLOGICAL RESOURCES— Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ❑ ® ❑ ❑ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ❑ ® ❑ ❑ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ❑ ❑ I d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with • established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ❑ ® ❑ ❑ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ❑ ❑ n f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ ❑ SUBSTANTIATION (Check if project is located in the Biological Resources Overlay or contains habitat for any species listed in the California Natural Diversity Database Z): IV a, b) In July 2007, biologists from Michael Brandman Associates performed a jurisdictional assessment, focused sensitive plant survey, and focused surveys for California gnatcatcher (CAGN) and San Bernardino kangaroo rat (SBKR) on four (4) acres, of which approximately 1.91 acres are expected to be occupied by the Substation. The predominant plant communities on site were determined to be pioneer and intermediate stages of Riversidean alluvial fan sage scrub (RAFSS), Riversidean sage scrub (RSS) and lastly, non-native grassland mixed with RSS. The RAFSS is considered sensitive by the California Department of Fish and Game (CDFG), but RSS is not. The Substation location would be primarily in the area where the RSS/non- native grassland was found, and in portions of both stages of RAFSS. Three (3) individuals of Plummer's . mariposa lily, a sensitive plant species, were found in the survey area, but none were found within the area to be disturbed for the Substation. • • ® `a' • • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 11 of 29 • December 17, 2007 The jurisdictional assessment noted there was no evidence of streambeds within the RAFSS habitat in the survey area. While Deer Creek Channel is located nearby to the west, upland vegetation is present between the channel and the project site, indicating the site is not a part of the Deer Creek streambed. The site appears to be isolated from the channel in terms of drainage and currently drains into a swale located on the west side of Milliken Avenue. The swale would be replaced by a storm drain. The jurisdictional assessment concluded that there were no features associated with a streambed on the project site, and it does not fall under the jurisdiction of the U.S. Army Corps of Engineers or Regional Water Quality Control Board. Also, the RAFSS on site is not riparian vegetation and thus is not under the jurisdiction of CDFG under Section 1602 of the Fish and Game Code. The subject property is protected on the upstream side (north) by the Deer Creek levee system, which receives surface water flow. No permanent structures or streambed characteristics convey surface waters on the project site, and there is no discernible bed/bank configuration, and thus it is not subject to streambed alteration permitting. Project site surface flow goes toward Milliken Avenue. The Deer Creek system is maintained by the San Bernardino County Flood Control District. Because the RAFSS is a sensitive species, mitigation for its loss will be required by CDFG. Generally this is achieved through conservation easements on either onsite or offsite qualifying land. For this project, approximately 1.91 acres of the four (4) acres surveyed may be offered as mitigation by conservation easement. The SBKR is federally listed as an endangered species. Trapping for SBKR was performed on five (5) • consecutive nights following U.S. Fish and Wildlife Service protocol. No SBKR were trapped but the site is federally designated as critical habitat. A loss of critical habitat would be considered significant. Again, approximately 1.91 acres of the four (4) acres surveyed may be offered as mitigation by conservation easement. No CAGN were observed during protocol focused surveys. However, the site provides suitable habitat as the CAGN utilize sage scrub. To offset this impact, approximately 1.91 acres of the four (4) acres surveyed may be offered as mitigation by conservation easement. • IV c) This project will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means, because the project is not within an identified protected wetland. IV d) This project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, because there are no such corridors or nursery sites within or near the project site. IV e) This project will not conflict with any local policies or ordinances protecting biological resources, as the project will implement mitigation consistent with the protection of biological resources. IV f) This project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan, because no such plan has been adopted in the area of the project site. • • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 12 of 29 December 17, 2007 • Possible significant adverse impacts to biological resources have been identified or anticipated and the following mitigation measure is required to reduce these impacts to a level below significant. MM# Mitigation Measure IV-1 Prior to grading or land disturbance a minimum of 1.91 acres that supports Riversidean alluvial fan sage scrub (RAFSS) shall be designated as conservation land. This mitigation land shall have habitat values equal to or greater than the area proposed for development of the Substation. This land may be located in an area that is not contiguous to the project site. Potentially Less than Less than No Significant Significant with Significant Impact impact Mitigation Incorp. Impact V. CULTURAL RESOURCES— Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? ❑ ❑ ❑ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? ❑ ❑ ❑ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ❑ ❑ ❑ • d) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ SUBSTANTIATION (Check if the project is located in the Cultural ❑ or Paleontologic ❑ Resources overlays or cite results of cultural resource review): V a) This project will not cause a substantial adverse change in the significance of a historical resource, because there are no such resources identified on the site. To further reduce the potential for impacts, a condition shall be included in the construction contract that requires the construction project manager to contact the County Museum for determination of appropriate mitigation measures, if any finds are made during project construction. V b) This project will not cause a substantial adverse change to an archaeological resource, because there are no such resources identified on the site. To further reduce the potential for impacts, a condition shall be included in the construction contract that requires the construction project manager to contact the County Museum for determination of appropriate mitigation measures, if any finds are made during project construction. V c) This project will not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature, because no such resources have been identified on the site. To further reduce the potential for impacts, a condition shall be included in the construction contract that requires the construction project manager to contact the County Museum for determination of appropriate mitigation measures, if any finds are made during project construction. V d) This project will not disturb any human remains, including those interred outside of formal • cemeteries, because no such burials grounds are identified on this project site. If any human remains are discovered during construction of this project, the developer is required to contact the • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 13 of 29 • December 17, 2007 County Coroner, and County Museum for determination of appropriate mitigation measures and a Native American representative, if the remains are determined to be of Native American origin. Possible significant adverse impacts have been identified or anticipated and the following mitigation measures are required as conditions of project approval to reduce these impacts to a level below significant. MM# Mitigation Measure V-1 Archaeological, Paleontological and Historical Resources. If archaeological, paleontological and/or historical resources are uncovered during ground disturbing activities, all work in that area shall cease. A qualified expert (e.g. archaeologist or paleontologist), as determined by the County Museum shall be hired to record the find and recommend any further mitigation. If human remains are uncovered during ground disturbing activities, the San Bernardino County Coroner shall be contacted within 24 hours of the find and all work shall halt until clearance is received. If the remains are determined to be of Native American origin, the local Native American representative shall be notified. Potentially Less than Less than No Significant Significant with Significant Impact • Impact Mitigation Incorp. Impact VI. GEOLOGY AND SOILS—Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning • Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ❑ [ ® ❑ ii) Strong seismic ground-shaking? ❑ ] ® U iii) Seismic-related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? n ] c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ ❑ ❑ • d) Be located on expansive soil, as defined in Table 18 1-B of the Uniform Building Code (1994), creating — substantial risks to life or property? _ 111 ❑ Rancho Cucamonga Sheriffs Substation and Property Transfer Page 14 of 29 December 17, 2007 • e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ ❑ SUBSTANTIATION (Check ❑ if project is located in the Geologic Hazards Overlay District): VI a,c) The project will not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving; i) rupture of a known earthquake fault, ii) strong seismic ground shaking, iii) seismic-related ground failure, including liquefaction, or iv) landslides. Several faults in the region could exhibit significant ground shaking at the site. These conditions exist throughout the region. The closest fault is the Etiwanda Avenue fault, a splay of the Cucamonga fault, that is expected to be nearby but has not been mapped specifically on site. The project site is not located within a designated State of California Earthquake Fault Zone. The project will be reviewed and approved by City Building and Safety with appropriate seismic and geotechnical standards and in compliance with the Uniform Building Code. City standard geotechnical requirements will be included in project implementation. VI b) The project will not result in substantial soil erosion or the loss of topsoil, because the site will be paved and landscaped. Erosion control plans for the construction phase will be required to be submitted, approved and implemented. VI d) The project site is not located in an area that has been identified as having the potential for • expansive soils. The soils are gravelly stony soils of the psamments and fluvents series. VI e) The project has soils capable of supporting septic tanks or will be served by sewers from the City. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact VII. HAZARDS AND HAZARDOUS MATERIALS— Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ❑ ❑ ❑ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ❑ ❑ ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within • one-quarter mile of an existing or proposed school? ❑ ❑ ® n d) Be located on a site which is included on a list of P elLGS • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 15 of 29 • December 17, 2007 • hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? ❑ ❑ ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ❑ ❑ ❑ • SUBSTANTIATION VII a) The project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, because there will be no use or storage of large quantities of such materials. VII b) The project will not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, because none are anticipated to be used in more than ordinary household quantities. The contractor's workplan shall include clean-up procedures for accidents that may occur during construction. VII c) The project is located across the street from Los Osos High School, but does not pose a risk because the project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste as it does not propose the use of hazardous materials other than in limited quanties such as an ordinary household would utilize for landscaping and pest control. The contractor's workplan will include clean-up measures and an accident response plan. VII d) The project site is not included on a list of hazardous materials sites. VII e) The project site is not within the vicinity or approach/departure flight path of a public airport. VII f) The project site is not within the vicinity or approach/departure flight path of a private airstrip. • VII g) The project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, because the project has adequate access from two or more directions. P16r% Rancho Cucamonga Sheriffs Substation and Property Transfer Page 16 of 29 December 17, 2007 • • VII h) The project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, because there are no wildlands adjacent to this site. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact VIII. HYDROLOGY AND WATER QUALITY— Would the project: a) Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ❑ ❑ ❑ c) Substantially alter the existing drainage pattern of the • • site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? ❑ ❑ ❑ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? ❑ ❑ ® ❑ e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ❑ n ® ❑ f) Otherwise substantially degrade water quality? ❑ • ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ ❑ h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? ❑ ❑ n i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ❑ n ❑ • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 17 of 29 • December 17, 2007 j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ SUBSTANTIATION VIII a) The project will not violate any water quality standards or waste discharge requirements, because the project will be served by established water and wastewater purveyors that are subject to independent regulation by local and state agencies that ensure compliance with both water quality and waste discharge requirements. The requirements of the Municipal National Pollution Discharge Elimination System Permit (NPDES Municipal Permit) will be followed before and during construction. A Stormwater Pollution Prevention Plan (SWPPP) shall be implemented during operations. VIII b) The project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level, because the project is served by an existing water purveyor that has indicated that there is currently sufficient capacity in the existing water system to serve the anticipated needs of this project. VIII c) The project will not substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site, because the project does not propose any substantial alteration to a drainage • pattern, stream or river and the project is required to submit and implement an erosion control plan. The subject property is protected on the upstream side (north) by the Deer Creek levee system, which receives surface water flow. No permanent structures or streambed characteristics convey surface waters on the project site, and there is no discernible bed/bank configuration, and thus it is not subject to streambed alteration permitting. Project site surface flow goes toward Milliken Avenue. The Deer Creek system is maintained by the San Bernardino County Flood Control District. VIII d) The project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site, because the project does not propose any substantial alteration to a drainage pattern, stream or river. The Milliken Avenue storm drain is adequately sized to handle runoff from the site. All necessary drainage improvements both on and off site will be included in the construction of the project. VIII e) The project will not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, because all necessary drainage improvements both on- and off-site will be implemented during construction of the project. There will be adequate capacity in the local and regional drainage systems so that downstream properties are not negatively impacted by any increases or changes in volume, velocity or direction of stormwater flows originating from or altered by the project. The completed project should have no negative impact on water quality. However, there could be potential negative water quality impacts during the construction phase of the project. These impacts could occur if best management practices (BMPs) for the construction activities were either inadequate, • were poorly implemented, or failed for other reasons. These potential impacts could occur in dry or wet weather. Typical concerns are excess sediment released from the site, or other concrete-related materials, petroleum products, etc.). Rancho Cucamonga Sheriffs Substation and Property Transfer Page 18 of 29 December 17, 2007 • A Notice of Construction letter will be submitted to the Santa Ana Regional Water Quality Control Board to comply with the State's General Construction Storm Water Permit. The project will be conducted in compliance with this permit. An erosion/sediment control plan and a Storm Water Pollution Prevention Plan will be prepared and implemented. VIII f) The project will not otherwise substantially degrade water quality, because appropriate measures relating to water quality protection, including erosion control measures have been required. VIII g) The project will not place unprotected housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, because the project contains no housing. VIII h) The project will not place within a 100-year flood hazard area structures that would impede or redirect flood flows because the site is not located within a 100-year flood hazard area. For any area identified as being potentially affected by a 100-year storm, the structures will be subject to a flood hazard review and will be required to be elevated a minimum of one foot above the base flood elevation. VIII i) The project will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam, because the project site is not within any identified path of a potential inundation flow that might result in the event of a dam or levee failure or that might occur from a river, stream, lake or sheet flow situation. VIII j) The project will not be impacted by inundation by seiche, tsunami, or mudflow, because the project • is not adjacent to any body of water that has the potential of seiche or tsunami nor is the project site in the path of any potential mudflow. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact IX. LAND USE AND PLANNING— Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ❑ ❑ ❑ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ ❑ SUBSTANTIATION IX a) The project will not physically divide an established community, because the project is a logical and • orderly extension of the planned land uses and development that are established within the surrounding area. • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 19 of 29 • December 17, 2007 IX b) The project will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect, because the project is consistent with all applicable land use policies and regulations of the Development Code and General Plan. The project complies with all hazard protection, resource preservation and land use regulations. IX c) This project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan, because no such plan has been adopted in the area of the project site. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact X. MINERAL RESOURCES— Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? n ❑ ❑ SUBSTANTIATION (Check ® if project is located within the Mineral Resource Zone Overlay): X a) The project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state because, although the site is in Mineral Resource Zone Overlay MRZ-2, which indicates significant mineral resources are likely to be present, the small size of the project does not impede mineral extraction in the vicinity. X b) The project will not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan, because the site and survey area represents only four(4) acres, which is not a viable size for mining operations. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant impact • Impact Mitigation Incorp. Impact XI. NOISE— Would the project result in: a) Exposure of persons to or generation of noise levels in 0 SE+3 Rancho Cucamonga Sheriffs Substation and Property Transfer Page 20 of 29 December 17, 2007 • excess of standards established in the local general plan or noise ordinance, or applicable standards of other _ agencies? n b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? ❑ ] ❑ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ n ❑ d) A substantial temporary or periodic increase in . ambient noise levels in the project vicinity above levels _ existing without the project? n ❑ ® _ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two • miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ❑ [1 f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ❑ [ ❑ • SUBSTANTIATION (Check if the project is located in the Noise Hazard Overlay District ❑ or is subject to severe noise levels according to the General Plan Noise Element ❑): XI a, d) Noise levels associated with construction activities would be higher than the existing ambient noise levels in the project area, but are short-term. The project will not expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies, because no noise exceeding the Development Code standards is anticipated to be generated by the project, except for vehicle sirens on intermittent basis and for short periods of time, during vehicle testing, maintenance and emergency calls. In order to lessen the impacts of noise generated by construction equipment to a threshold level of less than significant impact, the mitigation measure listed as XI-1shall be incorporated. XI b) The project will not create exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels, because no vibration exceeding the Development Code standards is anticipated to be generated by the project. XI c) The project will not generate a substantial permanent increase in ambient noise levels in the project vicinity above levels existing or allowed without the project although intermittently, and for short periods of time, sirens may be heard from the emergency vehicles leaving the site. XI d) The project will not generate a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing or allowed without the project, because the project has • been conditioned to comply with the noise standards of the Development Code. Rancho Cucamonga Sheriff's Substation and Property Transfer Page 21 of 29 • December 17, 2007 XI e) The project is not located within an airport land use plan area or within 2 miles of a public/public use airport. XI f) The project is not within the vicinity of a private airstrip. Possible significant adverse impacts have been identified or anticipated and the following mitigation measures are required as conditions of project approval to reduce these impacts to a level below significant. MM# Mitigation Measure XI-1 The City shall notify the Chaffey Joint Unified School District prior to commencing with construction activities in the vicinity. During construction of the project, construction equipment will be properly maintained at an offsite location and include proper tuning and timing of engines to minimize noise emissions. All construction equipment shall be fitted with properly operating mufflers, air intake silencers, and engine shrouds as called for in the manufacturer's specifications for each piece of equipment. Construction shall be limited to between the hours of 7:00 AM and 7:00 PM on weekdays, including Saturdays. No construction shall occur at any time on Sundays or federal holidays. These days and hours of construction activities shall also apply to the delivery of materials and equipment to the construction site. All stationary noise sources associated with construction of the proposed project (i.e., generators and compressors) shall be located as far from residential receptors as is feasible and reasonable. • • Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact XII. POPULATION AND HOUSING—Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and - businesses) or indirectly (for example, through extension of roads or other infrastructure)? ❑ ❑ ❑ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ • c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ SUBSTANTIATION XII a) The project will not induce substantial population growth in an area either directly or indirectly. The project will generate several new jobs and employment opportunities. This may generate a need for housing for new employees. However, considering the unemployment rate for the area and the type of jobs generated by the project, it is probable that the new jobs would be absorbed by the • employment needs of the existing residents in the area. XII b) The proposed use will not displace substantial numbers of existing housing units, necessitating the construction of replacement housing because no housing units are proposed to be demolished as a Rancho Cucamonga Sheriffs Substation and Property Transfer Page 22 of 29 December 17, 2007 • result of this proposal. XII c) The proposed use will not displace substantial numbers of people necessitating the construction of replacement housing elsewhere because the project will not displace any existing housing or existing residents. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact XIII. PUBLIC SERVICES— a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable • service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ ® • Police protection? ❑ ❑ �I Schools? ❑ ❑ I I Parks? ❑ ❑ ❑ Other public facilities? ❑ _ I-I SUBSTANTIATION XIII a) The project provides a beneficial impact to law enforcement services. No significant adverse physical impacts associated with the provision of government services or facilities are anticipated as a result of the proposed project. The proposed project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services, including fire and police protection, schools, parks or other public facilities. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact • Impact Mitigation Incorp. Impact XIV. RECREATION— a) Would the project increase the use of existing 41/5-;3 • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 23 of 29 • December 17, 2007 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ❑ ❑ ❑ b) Does the project include recreational facilities or . require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ❑ ❑ ❑ SUBSTANTIATION XIV a) This project will not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated because the project will not generate any new residential units and/or the impacts generated by the employees of this project will be minimal. XIV b) This project does not include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment because the type of project proposed will not result in an increased demand for recreational facilities. The proposed project is not population enhancing; as such, it will have no impact on the current use of existing neighborhood and regional park or other recreational facilities. • Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact impact Mitigation Incorp. Impact XV. TRANSPORTATION/TRAFFIC— Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ❑ (i ® ❑ • b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ❑ n ® ❑ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? ❑ ❑ ❑ d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or • incompatible uses (e.g., farm equipment)? ❑ ❑ ❑ e) Result in inadequate emergency access? ❑ ❑ ❑ • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 24 of 29 December 17, 2007 • f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus tumouts, bicycle racks)? ❑ ❑ ❑ SUBSTANTIATION XV a) The project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system because the increase in the number of vehicle trips, the volume to capacity ratio on roads, and the congestion level at intersections remains below the planned thresholds for those facilities. XV b) The project will not exceed, either individually or cumulatively, a level of service [LOS] standard established by the county congestion management agency for designated roads or highways, because only 50 employees are expected, with minimal visitors. XV c) The project will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks because there are no airports in the vicinity of the project and there is no anticipated notable impact on air traffic volumes by passengers or freight generated by the proposed uses. XV d) The project will not substantially increase hazards due to a design feature or incompatible uses • because the project site is adjacent to an established road that is accessed at points with good site distance and properly controlled intersections. There are no incompatible uses proposed by the project that will impact surrounding land uses. XV e) The project will not result in inadequate emergency access, because the site can be accessed from a minimum of two directions. XV f) The project will not result in inadequate parking capacity, because the project provides space for 50 employees and up to 12 visitors. XV g) The project will not conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks), because the small size of this facility does not require such. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. • • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 25 of 29 • December 17, 2007 Potentially Less than Less than No Significant Significant with Significant Impact • Impact Mitigation Incorp. Impact XVI. UTILITIES AND SERVICE SYSTEMS— Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ❑ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ ® ❑ d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ ❑ . ❑ • e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ❑ f) Be served by a landfill with sufficient permitted • capacity to accommodate the project's solid waste disposal needs? If ❑ ❑ g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ❑ SUBSTANTIATION XVI a) The proposed project does not exceed wastewater treatment requirements of the Regional Water Quality Control Board, Santa Ana Region, and soils can support septic or sewer systems. XVI b) The proposed project will not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, as there is sufficient capacity in the existing system for the proposed use. XVI c) The proposed project will not require or result in the construction of new storm water drainage facilities or expansion of existing facilities that cause significant environmental effects, as there is • sufficient capacity in the Milliken Avenue storm water system to absorb any additional stormwater drainage caused by the project, or required facilities will be constructed as a part of this project. Any drainage facility construction that is required is included in this environmental review and this review has required appropriate mitigation measures, as necessary. • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 26 of 29 December 17, 2007 • XVI d) The proposed project will have sufficient water supplies available to serve the project from existing entitlements and resources as the local water purveyor has given assurance that it has adequate water service capacity to serve the projected demand for the project, in addition to the provider's existing commitments. XVI e) The proposed project has a determination from the wastewater treatment provider serving the project that it has adequate capacity to serve the projected demand for the project, in addition to the provider's existing commitments. XVI f) The proposed project is served by the Mid-Valley Sanitary Landfill which has sufficient permitted capacity to accommodate the project's solid waste disposal needs. XVI g) The proposed project is required to comply with federal, state, and local statutes and regulations related to solid waste. Therefore, no significant adverse impacts are identified or anticipated and no mitigation measures are required. Potentially Less than Less than No Significant Significant with Significant Impact Impact Mitigation Incorp. Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE— • a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? ❑ ® ❑ ❑ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? ❑ ❑ ® ❑ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ® ❑ SUBSTANTIATION XVII a) The project may have the potential to significantly degrade the overall quality of the region's • environment by reducing the RAFSS habitat, and correspondingly, habitat for CAGN and SBKR, by approximately 1.91 acres. Mitigation has been incorporated to offset that loss with a conservation easement over similar or better RAFSS habitat. There are no identified historic or prehistoric • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 27 of 29 • December 17, 2007 resources identified on this site. If any archaeological or paleontological resources are identified during construction of the project, the project is conditioned to stop and identify appropriate authorities, which properly record and/or remove for classification any such finds. XVII b) The project does not have impacts that are individually limited, but cumulatively considerable. Other projects in the area to which this project would add cumulative impacts have either existing or planned infrastructure that is sufficient for all planned uses. These sites either are occupied or are capable of absorbing such uses without generating any cumulatively significant impacts. Mitigation for air quality has been added to ensure cumulative regional impacts are less than significant. XVII c) The project has the potential to have environmental effects, which will cause adverse effects on humans directly. The analyses presented above indicate effects on the environment in the following areas: air quality, water quality, and noise. Mitigation measures have been identified to deal with these issues. Implementation of these measures can reduce the potential environmental impacts to a less than significant level. These potential impacts have been thoroughly evaluated and have been deemed to be neither individually significant nor cumulatively considerable in terms of any adverse affects upon the region, the local community or its inhabitants. At a minimum, the project will be required to meet the mitigation measures included herein for the project to be implemented. XVIII. MITIGATION MEASURES • (Any mitigation measures, which are not 'self-monitoring' shall have a Mitigation Monitoring and Reporting Program prepared and adopted at time of project approval.) SELF MONITORING MITIGATION MEASURES: (Condition compliance will be verified during project implementation by existing procedures.) III-1 Dust Control Plan. A Dust Control Plan (DCP) shall be prepared consistent with SCAQMD guidelines and submitted to the SCAQMD. All construction contracts and/or subcontracts shall include a requirement that the contractors adhere to the requirements of the DCP. The DCP shall include activities to reduce on-site and off-site dust production. • Throughout grading and construction activities, exposed soil shall be kept moist through a minimum of twice daily watering to reduce fugitive dust. • Street sweeping shall be conducted at least daily and when visible soil accumulations occur along site access roadways to remove material dropped by construction vehicles. • Site access driveways and adjacent streets will be washed if there are visible signs of any dirt track-out at the conclusion of any workday. • All trucks hauling dirt away from the site shall be covered to prevent the generation of fugitive dust. • During high wind conditions (i.e., sustained wind speeds exceeding 25 mph), areas with disturbed soil will be watered hourly and activities on unpaved surfaces shall be terminated until wind speeds no longer exceed 25 mph. • Storage piles that are to be left in place for more than three working days shall either be: 1) Sprayed with a non-toxic soil binder, or 2) Covered with plastic or 3) Revegetated until placed in use. • • Tires of vehicles will be washed before leaving the site and entering a paved road. • Dirt on paved surfaces shall be removed daily to minimize generation of fugitive dust. III-2 Air Quality Design. Whenever feasible, the facility shall include the following design considerations: Rancho Cucamonga Sheriffs Substation and Property Transfer Page 28 of 29 December 17,2007 • • • Provide for the use of alternative energy resources (e.g. passive lighting, heating, ventilation and air conditioning) and conservation efforts in wastewater treatment. • Provide on-site employee services (e.g. cafeterias, postal machines, automated teller, etc.) • Provide on-site right-of-way for sidewalks and bicycle paths to promote employee walking or bicycling to and from work. • Provide bicycle racks, storage facilities, showers and lockers to support bicycle or pedestrian travel modes. • Provide on-site or off-site bus turnouts, passenger benches or shelters to promote mass transit use. IV-1 Prior to grading or land disturbance a minimum of 1.91 acres that supports Riversidean alluvial fan sage scrub (RAFSS) shall be designated as conservation land. This mitigation land shall have habitat values equal to or greater than the area proposed for development of the Substation. V-1 Archaeological, Paleontological and Historical Resources. If archaeological, paleontological and/or historical resources are uncovered during ground disturbing activities, all work in that area shall cease. A qualified expert (e.g. archaeologist or paleontologist), as determined by the County Museum shall be hired to record the find and recommend any further mitigation. If human remains are uncovered during ground disturbing activities, the San Bernardino County Coroner shall be contacted within 24 hours of the find and all work shall halt until clearance is received. If the remains are determined to be of Native American origin, the local Native American representative shall be notified. XI-1 The City shall notify the Chaffey Joint Unified School District prior to commencing with construction • activities in the vicinity. During construction of the project, construction equipment will be properly maintained at an offsite location and include proper tuning and timing of engines to minimize noise emissions. All construction equipment shall be fitted with properly operating mufflers, air intake silencers, and engine shrouds as called for in the manufacturer's specifications for each piece of equipment. Construction shall be limited to between the hours of 7:00 AM and 7:00 PM on weekdays, including Saturdays. No construction shall occur at any time on Sundays or federal holidays. These days and hours of construction activities shall also apply to the delivery of materials and equipment to the construction site. All stationary noise sources associated with construction of the proposed project (i.e., generators and compressors) shall be located as far from residential receptors as is feasible and reasonable. • Rancho Cucamonga Sheriffs Substation and Property Transfer Page 29 of 29 • December 17, 2007 REFERENCES (List author or agency, date, title) CEQA Guidelines County Museum Archaeological Information Center County of San Bernardino Hazard Overlay Maps FH2O B & C Identified Hazardous Materials Waste Sites List, April 1998 Environmental Impact Report, San Bernardino County General Plan, 2007 Federal Emergency Management Agency Flood Insurance Rate Map and Flood Boundary Map Michael Brandman Associates Results of San Bernardino Kangaroo Rat and California Gnatcatcher Focused Surveys for a 4-Acre Property, Rancho Cucamonga, California, July 2, 2007 Results of Vegetation Mapping, a Jurisdictional Assessment and Focused Sensitive Plant Surveys for the Deer Creek Project Site, City of Rancho Cucamonga, Califomia, July 2, 2007 • Pitassi Architects, Conceptual Site Plan, November 16, 2006 City of Rancho Cucamonga General Plan, 2001 Development Code, Title 17 of the Rancho Cucamonga Municipal Code, December 2006 South Coast Air Quality Management District, CEQA Air Quality Handbook, September 1993 LIST OF EXHIBITS Exhibit 1: Regional Location Map • Exhibit 2: Vicinity Map Exhibit 3: Conceptual Site Plan • S ti u{ y:f_.s'•f ,.' 1:: ..�....t.{ s- k, - } 1tw J...rat+'-.'S.. .,;..4.r'sx> r . x i s , sir :riA i " a fit- z ' rs � sY d: rFi"- ''.I _ r r▪ I a?.; 13„ �• t 3 ,a�i� ' i ;* &4 :u _tt s C,.j�._r 3J ;g I3 Psi 3 H e .G fir.�� ,, 5 ri t4s �iµ.:G..azl 9 s7 �,i n""Fr'� • ;j•, '.r+ {riso▪'4-4.,11;41?!..:-ja' 1'� eie y qla' r "w ...3• '`qx� , 5 of 1,. . r , + r "t r� jrrr ;tJ -y}.j....'kv � - A T•.,.++,� 3 i �`+ "�1 " k:. ; { y i t e-o !i .fit ,1f 3 a s r i 'ayri�dav� R t rylrtrtfi JT, , :cr�tilrF ,.7- .ia'� ; a �, "tom +ggg '0(, ▪ r i t f *;t7.cR �' t >, h > -. 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VIII ;t RRU Feet Local Vicinity USGS Map 11 Michael Brandon Associates 00520093.06/2007 I S_loral_usgs.mxd SB COUNTY FLOOD CONTROL DISTRICT JURISDICTIONAL ASSESSMENT AND FOCUSED PLANT SURVEY 0 -U3 Notice of Determination • To: ® Office of Planning and Research From: San Bernardino County Planning Department 1400 Tenth Street,Room 121 385 North Arrowhead Avenue,First Floor Sacramento, CA 95814 San Bernardino,CA 92415-0182 ® Clerk of the Board of Supervisors Documentary Handling Fee($50.00) County of San Bernardino 3 4()Lisa.ULY S&... . 385 North Arrowhead Avenue,Second Floor Receipt Number San Bernardino,CA 92415-0130 SUBJECT Fining of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code. Project Description Project Sponsor Project No.:AP20070003; APN:201-191-27(Portion) City of Rancho Cucamonga Sponsor.City of Rancho Cucamonga Redevelopment Agency Redevelopment Agency • Proposal:Rancho Cucamonga Sherifrs Department Substation Address:10500 Civic Center Drive, and Property Transfer PO Box 807 Location:Two(2)acres on the west side of►,gDken Avenue,at the Rancho Cucamonga, CA. 91730 southwest corner of Milliken Avenue end the extension of Grizzly 9 Way,and apprmdmately 1,050 teat north of Banyan Avenue. Phone:1-877-5-Rancho v Appllcant/Representative State Clearing House Number 2007121114 SAA -1 Name Address Carrie Hyke, Principal Planner • Lead Agency Contact Person r (909)387-4147 Area Code/Telephone Wernher Phone m v This is to advise that the County of San Bernardino has approved the above described 1 aamAPorry o a..pueiu.,VM. ' environmental review on January 6,2010 with an effective date of January 6,2010, Deis bare and has made the following determinations regarding the above project 0 1. The project(0 will[83 will not]have a significant effect on the environment. (f) 2. 0 An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. .� A Negative Declaration was prepared for this project pursuant to the provisions of CEOA. 3. Mitigation measures JO were 0 were not]made a condition of the approval of the project. 4. A statement of Overriding Considerations[0 was ®was not]adopted for this project. C 5. Findings(0 were 0 were not]made pursuant to the provisions of CEQA. This is to certily that the Initial Study with comments and responses and record of project approval Is available to the General Public at:Advance Planning Division, 385 N.Arrowhead Ave.,San Bernardino,CA 92415. £2tt(6Jt Januarys.2010 Principal Planner Signature(Public ncy) Dale TNIs Date received for filing at OPR: CLERK OF THE BOARD JAN 122010 • COUNTY OF SAN RFRNARDINC 0 tatti•of•Califorilif--The.Resources Agency. DEPAriliViENT OFFISHANaGAME litECEPtif 39r.. ,, r e,,, .2titt.ENVIRONMENTAL FILING FEE CASH RECEIPT , STATEC;LEARING HDUSEP-fr -rit•-•-•.) Tt. INSTRUCTIONS ON REVERSE:TYPE OR PRINT CLEARLY 1. -1,.)"(j.7 / -,') /i 1‘ i _ . _ . . . .. - . AGEN.V...; - -- --; -- sn, 4 .• ;pATE. / -; -1 .....„ , , .,.t rlaYl. ,6.7'-'t.;-1 tit:r 7t,./ frIC\ (1/1../.1-1C . j,..),r. s.71' • ; j, -,t‘....„. ---_-........,1....■i .,, i .'„;•:4.1U ' • .0.. ;I FFINIVe-i. . . ,..1 ' ... 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'i.-r•,-,• _:.• •• •- .„„-esi:X --••••'-7-• -' - '''' ' uin EXHIBIT - C pei,E-- LIG, • RESOLUTION NO. 10-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19087 - CITY OF RANCHO CUCAMONGA, A TWO-LOT PARCEL MAP ON 1.9-ACRE OF LAND IN THE OPEN SPACE DISTRICT DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND GRIZZLY DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0201-191-27 A. Recitals. 1. The City of Rancho Cucamonga filed an application for the approval of Tentative Parcel Map 19087, 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 24th 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. 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 24, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at southwest corner of Milliken Avenue and Grizzly Drive with a street frontage of 345 feet and lot depth of 226 feet and is presently vacant; and b. The property to the north of the subject site is vacant, the property to the south consists of vacant, the property to the east is Los Osos High School, and the property to the west is vacant; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and • b. The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and p4-sc PLANNING COMMISSION RESOLUTION NO. 10-08 SUBTPM19087 - CITY OF RANCHO CUCAMONGA February 24, 2010 Page 2 • d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Parcel Map is not likely to cause serious public health problems; and f. The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the County of San Bernardino adopted a Negative Declaration on January 6, 2010, in connection with the County's approval of Rancho Cucamonga Sheriffs Department Substation and Property Transfer(Exhibit B). Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment;(ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that • indicates new or more severe environmental impacts; or(iii) new important information shows the project will have new or more severe impacts than previously considered;or(iv)additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the SUBTPM19087 that substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The project is a joint project between the County and the City to provide public safety services to the northern portion of the City and the unincorporated areas along the foothills and the project site, and architectural design is consistent with the County's prior analysis. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The project site and architectural design is consistent with the County's prior analysis. There have not been any significant changes in the surrounding area subsequent to the County's environmental action. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required in connection with the City's consideration of the Tentative Parcel Map and Development Design Review SUBTPM19087 and DRC2008-00481. 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. P �-s� PLANNING COMMISSION RESOLUTION NO. 10-08 SUBTPM19087 - CITY OF RANCHO CUCAMONGA February 24, 2010 • Page 3 Planning Department 1) Compliance with all Mitigation measures contained in the Mitigated Negative Declaration approved by the County of San Bernardino on January 6, 2010. 2) Standard Conditions attached hereto. Engineering Department 1) Development will be required to install improvements along the full frontage on Milliken Avenue including, but not limited to, sidewalk, street trees, street light and right turn lane for project driveway. All public improvements shall be in accordance with the City's "Major Divided Arterial" Street Design Policy. a) Protect existing curb and gutter, pavement, 9500 Lumen HPSV street lights, or remove, relocate, repair, or replace as required. b) If it is determined that a proprietary opening in the existing median is needed at the proposed southerly driveway, revise the street and LMD Plans accordingly. Such an opening would be for • emergency uses, for left turns going north on Milliken avenue. Opening shall be signed for"Police Uses Only No Turns." c) To the extent 8-foot planting areas are available between the curb adjacent sidewalk and the WQMP bio-swale, street and background trees should be provided per the Standard Conditions. d) Provide a bike lane along the Milliken Avenue frontage. e) Protect traffic striping and signage and R-26s along Milliken Avenue or install as required. 2) Development will be required to install full width improvements for Grizzly Drive frontage. Include pavement,curb and gutter,property line adjustment sidewalk (project side only), 5800 Lumen HPSV street lights, street trees and project drive approach. 3) Since this is a High Fire Hazard area, street tree species will require the concurrence of the Fire Safety Department. Spacing shall allow for at least 20 feet between mature crowns. 4) Modify the traffic signal at Milliken Avenue and Grizzly Drive including emergency pre-emption. • 5) Provide a southbound bus bay/right turn lane on Milliken Avenue south of Grizzly drive per Standard Drawing No. 119. 6) Additional street right-of-way shall be dedicated along the right turn PLANNING COMMISSION RESOLUTION NO. 10-08 SUBTPM19087 - CITY OF RANCHO CUCAMONGA February 24, 2010 Page 4 • • lane, to provide a minimum of 7 feet measured from the face of curb. Easements for public sidewalks located outside the public right-of-way and corner property line cutoff shall be dedicated per City standards. 7) No impact fees will be required for this facility. 8) Provide agreement or other documentation with County Flood Control District,which authorizes the sale of this property for City Public Safety Facility use prior to building permit issuance or final map approval, whichever occurs first. 9) Standard Conditions are attached hereto. Rancho Cucamonga Fire Protection District-Fire Construction Services 1) Standard Conditions are attached hereto. Building and Safety Department 1) Standard Conditions are attached hereto. 6. The Secretary to.this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH 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 24th day of February 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • Di5-51 esti\ COMMUNITY DEVELOPMENT • . DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTPM19087 SUBJECT: NORTH PUBLIC SAFETY FACILITY APPLICANT: CITY OF RANCHO CUCAMONGA LOCATION: SOUTHWEST CORNER OF GRIZZLY DRIVE AND MILLIKEN AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: e. General Requirements Completion Date 1. Approval of Tentative Parcel No. SUBTPM19087 is granted subject to the approval of DRC2008-00481. B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/_/_ Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. C. Site Development 1. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 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: / /_ SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBBdTPM19087 StdCond 2-24.doc Project No. SUBTPM19087 Completion Date 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., SUBTPM19087) clearly identified on the outside of all plans. 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., SUBTPM19087). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition,the applicant _f /_ shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School • Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. • 3, Street addresses shall be provided by the Building and Safety Official after 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). F. 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 attics in line with common walls. / /_ 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/ /_ 5. Upon tenant improvement plan check submittal, additional requirements may be needed. / /_ • 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\SSUBTTPMM1_9087 StdCond 2-24.doc • Project No.SUBTPM19087 Completion Date G. 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 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. Corner property line cutoffs shall be dedicated per City Standards. / /_ 3. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the /_/_ final map. 4. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the / /_ City. 5. Additional street right-of-way shall be dedicated along right turn lanes,to provide a minimum of 7 _/ /_ feet measured from the face of curbs. I. 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. • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTPM19087 StdCond 2-24.doc 1� gag_ Project No.SUBTPM19087 Completion Date 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. 3. Construct the following perimeter street improvements including, but not limited to: _/_/_ Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Milliken Avenue X X X X X (e) Grizzly Drive X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e)access ramps. 4. Improvement Plans and Construction: 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / I_ accordance with the Citys street tree program., • • 4 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTPM19087 StdCond 2-24.doc D ` E-603 Project No.SUBTPM19087 Completion Date 6. Install street trees per City street tree design guidelines and standards as follows. The completed !_/_ • legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the.notes and legend on sheet (typically • sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Milliken Avenue Cinnamomum Camphor Tree 8' 30'O.C. 15 Gal North of Foothill camphora Formal Groups Foreground of 3 to 4 P.A. 8' or Greater Background P.A. Podocarpus Fern Pine 8' 35 O.C. 15 Gal 8' or Greater Gracilior informal Grouping Grizzly Drive Select appropriate tree from approved Street Tree List for Rancho Cucamonga ,Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil • amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. 7. • Intersection line of sight designs shall be reviewed by the City Engineer for conformance with _/_/_ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. J. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting / /_ Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. K. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the / /_ property from adjacent areas. 2. A permit from the San Bernardino County Flood Control District is required for work within its _/ /_ right-of-way. • • 5 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTPM19087 StdCond 2-24.doc 4,6-64 • Project No.SUBTPM19087 Completion Date L. Improvement Completion • 1. If the required public improvements are not completed prior to approval of the final parcel map, / /_ an improvement security accompanied by an agreement executed by the Developer and the City will be required for: Parcel 1. M. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, _/_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / /_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is 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. N. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all / /_• new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall _/_/_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • • 6 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rptt\\SUBTPM19087 StdCond 2-24.doc 4.30 4.. Rancho Cucamonga Fire ire Protection 41. r.17;:-.::1,0 4 c9'v • D i s t r c t FIRE ;;' • Fire Construction Services STANDARD CONDITIONS July 9, 2008 Pitassi Architects, Inc. RC Police Substation Milliken & Grizzly Dr. VHFHSZ SUBTT19087 & DRC2008-00481 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-cucamonga.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 minimum fire flow for this project, when automatic fire sprinklers are installed is 1,750 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, 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. r 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. 1. Location of Access: All portions of the structures 1s' 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). D -la7 2 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 available at the Fire Safety Office • for $20.00. 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. 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. p 'B-at 3 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-7 Hazardous Fire Area This project is located within "Very High Fire Hazard Severity Zone" (VHFHSZ), City of Rancho These locations have been determined to be within the "Hazardous Fire Area" as defined by the Fire District. This area designation is based on maps produced by the California Department of Forestry. 1. Fire Protection Plans: The applicant shall prepare the architectural plans for the construction of the buildings in accordance with the County of San Bemardino's Development Code's Fire Safety Overlay District regulations, the 2007 California Building Code Chapter 7A, RCFPD Ordinance FD46, and the recommendations of the Fire Protection Plans. This codes provides standards regulating and requiring: a. Fire resistive roof assemblies b. Fire Protection Plans (FPP). c. Fire access roadways d. Fire resistive construction and protection of openings. • e. Fire sprinkler systems. f. Fire protection water supply. g. Vegetation reduction and management. h. Fire department response. 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. • Compressed Gases • Public Assembly • Explosive or Blasting Agents • 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 tfr 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 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. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the#on-site (private) fire underground and water plans is 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 D��7U site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the • requirements of the RCFPD Fire Lane Standard. 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. 6. Fire Protection Plans: The fire protection plans must be prepared by a qualified professional, submitted for review and approved by the RCFPD before building permit issuance. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION— Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, • in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the, issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, 1 71 specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard._ 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District 'Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 '/" 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. • E7a 7 • RESOLUTION NO. 10-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DESIGN REVIEW DRC2008-00481, LOCATED AT SOUTHWEST CORNER OF MILLIKEN AVENUE AND GRIZZLY DRIVE IN THE FLOOD CONTROL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0201-191-27. A. Recitals. 1. The City of Rancho Cucamonga filed an application for the approval of Development Review DRC2008-00481, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 24th 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. 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 hearing on February 24, 2010, including written and oral staff reports together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at southwest corner of Milliken Avenue and Grizzly Drive with a street frontage of 345 feet and lot depth of 226 feet and is presently vacant; and b. The property to the north of the subject site is vacant, the property to the south is vacant, the property to the east is Los Osos High School, and the property to the west is vacant; and 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 project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and • the purposes of the district in which the site is located; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code; and D 73 • PLANNING COMMISSION RESOLUTION NO. 10-09 DRC2008-00481 — CITY OF RANCHO CUCAMONGA February 24, 2010 Page 2 • d. The proposed use, 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. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the County of San Bernardino adopted a Negative Declaration on January 6, 2010, in connection with the County's approval of Rancho Cucamonga Sheriffs Department Substation and Property Transfer(Exhibit A). Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment;(ii)substantial changes have occurred in the circumstances underwhich the project was previously reviewed that indicates new or more severe environmental impacts; or(iii) new important information shows the project will have new or more severe impacts than previously considered;or(iv)additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to • substantially reduce impacts. b. The Planning Commission finds, in connection with the DRC2008-00481 that substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previous Negative Declaration. The project is a joint project between the County and the City to provide public safety services to the northern portion of the City and the unincorporated areas along the foothills and the project site and architectural design are consistent with the County's prior analysis. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The project site and architectural design are consistent with the County's prior analysis. There have not been any significant changes in the surrounding area subsequent to the County's environmental action. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required in connection with the City's consideration of the Tentative Parcel Map SUBTPM19087 and Development Design Review DRC2008-00481. 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) Compliance with all mitigation measures contained in the Mitigated Negative Declaration approved by the County of San Bernardino on January 6, 2010. p �7y PLANNING COMMISSION RESOLUTION NO. 10-09 DRC2008-00481 — CITY OF RANCHO CUCAMONGA February 24, 2010 • Page 3 2) Standard Conditions attached hereto. Engineering Department 1) Development will be required to install improvements along the full frontage on Milliken Avenue including, but not limited to, sidewalk, street trees, street light and right turn lane for project driveway. All public improvements shall be in accordance with the City's "Major Divided Arterial" Street Design Policy. a) Protect existing curb and gutter, pavement, 9500 Lumen HPSV street lights, or remove, relocate, repair, or replace as required. b) If it is determined that a proprietary opening in the existing median is needed at the proposed southerly driveway, revise the street and LMD Plans accordingly. Such an opening would be for emergency uses, for left turns going north on Milliken avenue. Opening shall be signed for "Police Uses Only No Turns." c) To the extent 8-foot planting areas are available between the curb adjacent sidewalk and the WQMP bio-swale, street and background trees should be provided per the Standard • Conditions. d) Provide a bike lane along the Milliken Avenue frontage. e) Protect traffic striping and signage and R-26s along Milliken Avenue or install as required. 2) Development will be required to install full width improvements for Grizzly Drive frontage. Include pavement, curb and gutter, property line adjustment sidewalk (project side only), 5800 Lumen HPSV street lights, street trees and project drive approach. • 3) Since this is a High Fire Hazard area, street tree species will require the concurrence of the Fire Safety Department. Spacing shall allow for at least 20 feet between mature crowns. 4) Modify the traffic signal at Milliken Avenue and Grizzly Drive including emergency pre-emption. 5) Provide a southbound bus bay/right turn lane on Milliken Avenue south of Grizzly drive per Standard Drawing No. 119. 6) Additional street right-of-way shall be dedicated along the right turn lane, to provide a minimum of 7 feet measured from the face of curb. Easements for public sidewalks located outside the public right-of-way • and corner property line cutoff shall be dedicated per City Standards. 7) No impact fees will be required for this facility. f,E--7 5- PLANNING COMMISSION RESOLUTION NO. 10-09 DRC2008-00481 —CITY OF RANCHO CUCAMONGA February 24, 2010 Page 4 • 8) Provide agreement or other documentation with County Flood Control District,which authorizes the sale of this property for City Public Safety Facility use prior to building permit issuance or final map approval, whichever occurs first. 9) Standard Conditions are attached hereto. Rancho Cucamonga Fire Protection District- Fire Construction Services 1) Standard Conditions are attached hereto. - Building and Safety Department 1) Standard Conditions are attached hereto. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF FEBRAURY 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 24th day of February 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • GILL-7(0 ,2 COMMUNITY DEVELOPMENT N=. ,� ` DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2008-00481 SUBJECT: NORTH PUBLIC SAFETY FACILITY APPLICANT: CITY OF RANCHO CUCAMONGA LOCATION: SOUTHWEST CORNER MILLIKEN AVENUE AND GRIZZLY DRIVE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: •. General Requirements Completion Date 1. Copies of the signed Planning Commission Resolution of Approval No. 10-09, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use Permit,Variance, or Development/Design Review approval shall expire if building _/_/_ permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include /_/_ site plans, architectural elevations,exterior materials and colors, landscaping, sign program,and grading on file in the Planning Department,the conditions contained herein,and the Development Code regulations. 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. SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\DRC00481 StdCond 2-24.doc Project No.DRC2008-00481 Completion Date 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, • building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 5. A detailed on-site lighting plan, including a photometric diagram,shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 7. All parkways, open areas, and landscaping shall be permanently maintained by the property / /_ owner. 8. The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and Engineering Services Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 9. Six-foot decorative block walls shall be constructed along the project perimeter. /_/_ 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. 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. 5. The lighting fixture design shall compliment the architectural program. It shall include the plaza / /_ area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. E. Building Design 1. All roof appurtenances 9(except solar panels), 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 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\D C2008-0 481 StdCond 2-24.doc • B - 7K Project No. DRC2008-00481 Completion Date 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. 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. Trip Reduction 1. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other _/_/_ non-residential development. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in /_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits. 2. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in _/_/_ • the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. • APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) I. General Requirements • 1. Submit five complete sets of plans including the following: / /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached)including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2008-00481) clearly identified on the • outside of all plans. • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2008-00481 StdCond 2-24.doc 0 J 7T Project No. DRC2008-00481 Completion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. • 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/ /_ the City 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. J. 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., DRC2008-00481). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition,the applicant _/_/_ shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after 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). • K. 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. _/_/_ L. 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. • • 4 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\DRC2008-004 StdCond 2-24.doc bE- Project No.DRC2008-00481 • Completion Date 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 ENGINEERING SERVICES DEPARTMENT, (909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. 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. Corner property line cutoffs shall be dedicated per City Standards. _/ /_ 3. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the _/_/ • _ City. 4. Additional street right-of-way shall be dedicated along right turn lanes,to provide a minimum of 7 _/_/_ feet measured from the face of curbs. N. Street Improvements 1. All public improvements (interior streets, drainage facilities,community trails,paseos,landscaped _/_/_ areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. . 2. Pursuant to 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. • • 5 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\DRC2008/-00481 StdCond 2-24.doc Dog-V/Q Project No.DRC2008-00481 Completion Date 3. Construct the following perimeter street improvements including, but not limited to: . • / /_ Curb 8 AC. Side- Drive Street Street Comm Median Bike • Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Milliken Avenue X X X X X (e) Grizzly Drive X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e)Access ramps. 4. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights,and intersection safety lights _/_/_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a _/ /_ construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking,traffic signing, street name signing, traffic signal conduit, and / /_ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction /_/_ project along major or secondary streets and at intersections for future traffic signals and • interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No.6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City / /_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction. Street or lane closure permits are required. A cash e • deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / /_ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan / 1_ check. 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / /_ accordance with the City's street tree program. • 6 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf RptDRi 2>08-00481 StdCond 2-24.doc • Project No.DRC2008-00481 • Completion Date 6. Install street trees per City street tree design guidelines and standards as follows. The completed _/ /_ • legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet (typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Milliken Avenue Cinnamomum Camphor Tree • 8' 30'o.c. 15 Gal North of Foothill camphora Formal Groups Foreground P.A. of 3 to 4 8' or Greater Background P.A. Podocarpus Fern Pine 8' 35 O.C. 15 Gal 8' or Grater gracilior Informal Grouping Grizzly Drive Select appropriate tree from approved Street Tree List for Rancho Cucamonga Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil .amendments, as determined by the City inspector. • 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. 7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with _/ /_ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 0. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting / /_ Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. P. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the /_/_ property from adjacent areas. 2. A permit from the San Bernardino County Flood Control District is required for work within its right- _/_/_ of-way. • 7 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\DRC2008-00481 StdCond 2-24.doc Project No. DRC2008-00481 Completion Date • Q. Utilities • 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, / /_ electric power, telephone, and cable TV(all underground)in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. _/_/_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District, and the . Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is 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. R. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all /_/_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall /_/_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50%of all wastes generated during construction and demolition are diverted from landfills, • and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • 8 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2008-00481 StdCond 2-24.doc Dgq `�tQ Rancho Cucamonga Fire Protection 01/4 C . F District • Fire Construction Services STANDARD CONDITIONS July 9, 2008 Pitassi Architects, Inc. RC Police Substation Milliken & Grizzly Dr. VHFHSZ SUBTT19087 &DRC2008-00481 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 htto://www.ci.rancho-cucamonoa.ca.us/firelndex.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 dowh 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 minimum fire flow for this project, when automatic fire sprinklers are installed is 1,750 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, 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. 1. Location of Access: All portions of the structures et 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). D LE— g(o 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 available at the Fire Safety Office for $20.00. • 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. 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. 10 it)647 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-7 Hazardous Fire Area This project is located within "Very High Fire Hazard Severity Zone" (VHFHSZ), City of Rancho These locations have been determined to be within the "Hazardous Fire Area" as defined by the Fire District. This area designation is based on maps produced by the California Department of Forestry. 1. Fire Protection Plans: The applicant shall prepare the architectural plans for the construction of the buildings in accordance with the County of San Bernardino's Development Code's Fire Safety Overlay District regulations, the 2007 California Building Code Chapter 7A, RCFPD Ordinance FD46, and the recommendations of the Fire Protection Plans. This codes provides standards regulating and requiring: a. Fire resistive roof assemblies • b. Fire Protection Plans (FPP). c. Fire access roadways d. Fire resistive construction and protection of openings. • e. Fire sprinkler systems. f. Fire protection water supply. g. Vegetation reduction and management. h. Fire department response. 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. • Compressed Gases • Public Assembly • Explosive or Blasting Agents • 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 r 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 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. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply With Fire District Standards. Approval of the on-site (private) fire underground and water plans is 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. MI private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of • the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. 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: MI easements and agreements must be recorded with the County of San Bernardino. 6. Fire Protection Plans: The fire protection plans must be prepared by a qualified professional, submitted for review and approved by the RCFPD before building permit issuance. 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: MI fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, • in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to • Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, te specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commerciaUindustrial and • multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire • Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 ''/z" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard 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. Dt • • PLANNING COMMISSION RESOLUTION NO. 10-08 SUBTPM19087 - CITY OF RANCHO CUCAMONGA February 24, 2010 Page 3 Planning Department 1) Compliance with all Mitigation measures contained in the Mitigated Negative Declaration approved by the County of San Bernardino on January 6, 2010. 2) Standard Conditions attached hereto. Engineering Department 1) Development will be required to install improvements along the full frontage on Milliken Avenue including, but not limited to, sidewalk, street trees, street light and right turn lane for project driveway. All public improvements shall be in accordance with the City's "Major Divided Arterial" Street Design Policy. • a) Protect existing curb and gutter, pavement, 9500 Lumen HPSV street lights, or remove, relocate, repair, or replace as required. b) If it is determined that a proprietary opening in the existing median is needed at the proposed southerly driveway, revise the street and LMD Plans accordingly. Such an opening would be for emergency uses, for left turns going north on Milliken avenue. Opening shall be signed for "Police Uses Only No Turns." c) To the extent 8-foot planting areas are available between the curb adjacent sidewalk and the WQMP bio-swale, street and background trees should be provided per the Standard Conditions. d) Provide a bike lane along the Milliken Avenue frontage. e) Protect traffic striping and signage and R-26s along Milliken Avenue or install as required. 2 Deve opme will .- required to install full width improvements for Grizzly Drive frontage. lude pavement,curb and gutter, property line adjustment adjacent side alk (project side only), 5800 Lumen HPSV street lights, street trees d project drive approach. 3) Since is is a - Hazard area, street tree species will require the concurrence of the Fire Safety Department. Spacing shall allow for at least 20 feet between mature crowns. 4) Modify the traffic signal at Milliken Avenue and Grizzly Drive including emergency pre-emption. 5) Provide a southbound bus bay/right turn lane on Milliken Avenue south of Grizzly drive per Standard Drawing No. 119. 6) Additional street right-of-way shall be dedicated along the right turn J7fC - 58 • • STAFF REPORT S • PLANNING DEPARTMENT L� RANCHO Date: February 24, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director Subject: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18744 - FB Holdings, LLC -A request to subdivide 8.85 gross acres of land into 30 single-family lots in the Low Residential District (2 to 4 dwelling units per acre) of the Etiwanda North Specific Plan, located on the north side of the SR-210 Freeway west bound offramp at Day Creek Boulevard, and the west side of Stable Falls Avenue - APN: 0225-161-19, 32, 33, and 34. Related File: Variance DRC2009-00029. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED (READVERTISE) VARIANCE DRC2009-00029 - FB Holdings, LLC - A request to allow combination retaining and freestanding wall heights up to 24.5 feet to reduce freeway traffic noise related to the proposed development of 30 single-family lots within the Low Residential District (2 to 4 dwelling units per acre), located on the north side of the SR-210 Freeway west bound off ramp at Day Creek Boulevard, and the west side of Stable Falls Avenue - APN: 0225-161-19, 32, 33, and 34. Related File: Tentative Tract Map SUBTT18744. • , CONTINUANCE REQUESTED (READVERTISE) RECOMMENDATION: Staff recommends the Planning Commission continue the items to the March 10, 2010 meeting date to allow time for the updated Variance description to be properly advertised. Respectfully submitted, g 4AT) Jame . Troyer, AICP Planni g Director JRT/LS • Items F & G A• STAFF REPORT Ibis* • • PLANNING DEPARTMENT DATE: February 24, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Larry Henderson, AICP, Principal Planner 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. continued from February 10, 2010, and 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 and 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. Continued from February 10, 2010, and January 13, 2010. BACKGROUND: A. Project History: • December 12, 2000, CUP 00-44 approved Felipe's Restaurant with a bar. • July 25, 2007, Conditional Use Permit DRC2007-00283 and Entertainment Permit DRC2007-00284 approved a change in business hours and nightly entertainment at the Restaurant. • July 9, 2008, September 10, 2008, and December 12, 2008, the Permits were further reviewed by the Planning Commission because of a number of police calls and complaints from the adjacent businesses. Commission action was to modify several conditions and directed the applications to be reviewed in 6 months. • September 9, 2009, under a 6-month progress report, the Commission determined that progress had been made and that further review would only be required if circumstances warranted. • 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. • Items H & I PLANNING COMMISSION STAFF REPORT • DRC2007-00283R AND DRC2007-00284R - EL LOCO CANTINA & GRILL February 24, 2010 Page 2 • • January 10, 2010, the meeting was continued at staff's request, to February 10, 2010. • February 10, 2010, the Planning Commission meeting was continued to February 24, 2010, at the owner's request. B. Police Incidents Sampling of incidents and copies of police reports are attached (Exhibit B) for the subject location as follows: Dr# 110913450 11/06/09 20 year old drunk in public Dr# 110914132 11/21/09 20 and 19 year old drunk in public a Dr# 110911079 09/10/09 Fight 4 Dr# 110914361 11/14/09 Fight Dr# 111000307 01/09/10 Man with gun in parking lot Dr# 110914132 11/26/09 Alleged rape Dr# 110914804 10/28/09 - 11/30/09 Violations of Entertainment Permit In summary, the following types and number of public safety incidents have been documented: Number Date Type • 5 4/16/08, 6/8/09, 9/10/09, 11/14/09, 11/26/09 Assaults/Battery/ Disturbances/Fights 4 11/6/09, 11/7/09, 11/21/09, 11/21/09 Drunk in Public 9 6/12/09, 8/6/09, 8/7/09, 8/13/09, 8/14/09, 11/6/09, DUI 11/7/09, 11/21/09, 11/29/09 4 5/26/08 — 9/10/09. Fire Calls 28 1/1/07 — 11/30/09 Miscellaneous Calls 50 Total Number of Calls C. Joint Inspection Results on December 15, 2009: The Building and Safety Department of the City of Rancho Cucamonga issued a correction notice several items, including ADA compliance, electrical, and an un-permitted awning. (Exhibit C). In addition, the Sheriff's Deputies discovered, based on information given by the manager and subsequent discussions with the Security Company, that the security had been cancelled by the owner September 15, 2009, 6 days after the Planning Commission review on September 9, 2009, in direct violation of Condition 11 of Resolution No. 08-69 for the Conditional Use Permit (Exhibit D) and Condition 4 of Resolution No. 07-44 for the Entertainment Permit (Exhibit D). A security contract was not in place until December 17, 2009, 2 days after the joint inspection. • *Z _a PLANNING COMMISSION STAFF REPORT DRC2007-00283R AND DRC2007-00284R - EL LOCO CANTINA & GRILL • February 24, 2010 Page 3 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, 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. 11111 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 matter 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 - -3. r' PLANNING COMMISSION STAFF REPORT DRC2007-00283R ANDDRC2007-00284R - EL LOCO CANTINA & GRILL February 24, 2010 Page 4 • • 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. • 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 • • PLANNING COMMISSION STAFF REPORT • DRC2007-00283R AND DRC2007-00284R - EL LOCO CANTINA & GRILL February 24, 2010 • Page 5 ANALYSIS: A. General: The information provided by the Sheriffs Department, including the report documenting the time period of 10/29/09-11/30/09 (Exhibit B) Case No. 1110914804, 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 building was originally built and had been used as a restaurant. • FACTS FOR FINDING: Conditional Use Permit 1. The cancellation of uniformed security was a violation of the Conditional Use Permit • Conditions of Approval 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. The video evidence indicates the area used for dancing exceeds the maximum 150 square • foot limitation. Entertainment Permit The evidence proves that; 1. The cancellation of uniformed security was a violation of the Entertainment Permit Conditions of Approval 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. The overall record of documentation demonstrates that the applicant is unfit to be trusted with the privileges granted by such a permit. 4. The video evidence indicates the area used for dancing exceeds the maximum 150 square foot limitation. • $ ,T-S PLANNING COMMISSION STAFF REPORT DRC2007-00283R AND DRC2007-00284R - EL LOCO CANTINA & GRILL February 24, 2010 Page 6 • 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 revocation of both the Conditional Use and Entertainment Permits by adoption of the attached Resolutions. Respectfully submitted, R. • Jame . Troyer, AICP Plan g Director JRT:LH/ge Attachments: Exhibit A - Planning Commission Minutes dated July, 9, 2008, September 10, 2008, December 10, 2008, September 9, 2009, and January 13, 2010 Exhibit B - Police Incident Report Exhibit C - Private Security Cancellation Invoice dated September 14, 2009 Exhibit D - Correction Notice dated December 15, 2009 Draft Resolution for Revocation of Conditional Use Permit DRC2007-00283R • Draft Resolution for Revocation of Entertainment PermitDRC2007-00284R • far (40 Mike Eddy, Assistant Pastor for Calvary Chapel reported that the walls are fixed a` d not of the movable variety. He expressed many thanks to Mike Smith for his help during the ro'iew process. • Larry McNiel, 7482 Alta Cuesta Drive, remarked that he was a member of tr Design Review Committee in 2002 when the church first underwent the Development Review : ocess. He said that the DRC at that time made sure that it was a nice building, that there was s icient parking etc. He said he now attends the church and that the church is active in provi• g services to life/safety personnel in times of tragedy or disaster. He remarked that the churc• ow has need of 3 services and that this school facility will be for the many children in their c•' .regation. • Chairman Stewart closed the public hearing. Commissioner Munoz remarked that the staff report an• esolution address all the concerns related to parking, a safe spot for the drop off and pick up • 'hildren. He moved approval. Commissioner Howdyshell said she is pleased , at staff gave the project a good look. She said the community needs these services that will b- srovided by this development and that she likes the layout shown on the floorplan. f Commissioner Wimberly agreed tht it is a usable layout and that it does serve the community. He said it appears the concerns ha ,-'seen resolved. • Chairman Stewart reporter, at she too was on the DRC in 2002 and that they took the time and effort to review their m-;- 'er plan and that future growth was planned into it including the parking. She said this is an ,• ample of good planning. Motion: M..ed by Munoz, seconded by Wimberly, to adopt the Resolution of Approval for Non-Con ction Conditional Use Permit DRC2006-01051 as presented by staff. Motion carried by • the foll•/"ing vote: • AY HOWDYSHELL, MUNOZ S _ .A + ^ -;..»Y:IMBEhILaf . ,ur S: N• i, �. - " ETCHER carried k k k k k B. CONDITIONAL USE PERMIT DRC2007-00283- EL LOCO CANTINA(FORMERLY FELIPE'S II( MEXICAN RESTAURANT) -A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modifications of the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 - CONTINUANCE REQUESTED C. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 - CONTINUANCE REQUESTED Chairman Stewart read the item descriptions into the record and then announced the legal counsel • representing the ownership of the business have requested a continuance to August 13,2008. She asked for a motion for the request. Planning Commission Minutes -2- July 9, 2008 EXHIBIT A fir_ V Motion: Moved by Howdyshell, seconded by Munoz, to grant the request to continue the item to the August 13, 2008 meeting. Motion carried by the following vote: AYES: HOWDYSHELL, MUNOZ, STEWART, WIMBERLY • NOES: NONE ABSENT: FLETCHER - carried . . . . . PUBLIC COMMENTS v_. --.•...... ..-°- .,—,..._ „. Cyrus Hojjaty, 10650 Church Street, commented on the need for the City to consider sustainabl- . development and to conserve resources and that the City should be more diverse in design . d foster walk-ability because of the heavy consumption and cost of fossil fuels. He said he .:s an interest in City Planning and new urbanism development. . . . . . COMMISSION BUSINESS/COMMENT Commissioner Munoz commented that the new updated General Plan w' address the issues of sustainability and that Mr. Hojjaty is invited to participate in the proces He said he agrees with recognizing the need for considering sustainability. Chairman Stewart echoed the comment and presented the spe er with a flyer announcing an invitation to become a Visioneer for the General Plan Update. Chairman Stewart reported that selections for the Trails C•,. mittee would be made at the next meeting on July 23, 2008. • D. DESIGN REVIEW COMMITTEE APPOINTMENT Chairman Stewart noted that Vice Chairman Fletche 'has expressed the desire to no longer be an alternate for the committee. She added that she :uld like to remain on the committee. Commissioner Munoz agreed that serving �n the DRC requires some experience. He recommended Commissioner Wimberly as tht*alternate. Commissioner Howdyshell supported the� ggestion and said that the transition is vital. The Commissioners agreed that Chairman Stewart and Commissioner Munoz would remain on the DRC and Commissioner Wimberly ffwwip€Id serve as Alternate. E. SELECTION OF PLANNINQ4COMMISSION OFFICERS Chairman Stewart commentedCt she must step down. She noted that Vice Chairman Fletcher said he would like to serve as Chairman. She suggested Commissioner Munoz serve as Vice Chairman. • Commissioner Wim•-rly voiced his agreement and Commissioners Howdyshell and Munoz concurred. The Commissi• agreed that the new Chairman would be Rich Fletcher and Vice Chairman would be Lou Mun. '. • Planning Commission Minutes -3- July 9, 2008 Hcliz– 4 • CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES • Regular Meeting September 10, 2008 Chairman Fletcher called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chambers at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz, Pam Stewart; Ray Wimberly ABSENT: None STAFF PRESENT: Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer; Mayuko Nakajima, Corkran Nicholson, Assistant Planning Director; Lois Schrader, Planning Commission Secretary; Denise Sink, Office Specialist II; Daniel Correa, Assistant Planner ANNOUNCEMENTS • No announcements were made at this time. • • APPROVAL OF MINUTES Motion: Moved by Munoz, seconded by Howdyshell, carried 5-0, to approve the Special Meeting Minutes of the Joint Planning Commission and City Council meeting of May 7,2008. Commissioner Munoz commented that the tapes for that meeting proved to be almost unintelligible and he has asked staff to follow up with his request for the City to investigate improving the recording system for the purposes of meeting legal requirements. Motion: Moved by Wimberly, seconded by Munoz, carried 5-0, to approve the minutes of August 27, 2008. # # # # # PUBLIC HEARINGS A. CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA(FORMERLY FELIPE'S MEXICAN RESTAURANT) -A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modifications of the approved Conditional Use Permit. The subject restaurant is located in the Masi Plaza commercial center • at 11815 Foothill Boulevard; APN: 0229 p.m.-011-38. Continued from July 9 p.m., August 13, and August 27, 2008. B. ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner • which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation of the approved Entertainment Permit. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard;APN:0229 p.m.-011-38 Continued from July 9 p.m., August 13, and August 27, 2008 Daniel Correa, Assistant Planner, presented the staff report. He noted that there are exterior speakers located on the patio of the establishment that were not included in the original review or approvals. He noted that staff is recommending future conditions be applied to the existing approvals that include a prohibiting of charging a cover charge and that the business will provide uniformed security. He added that staff recommends the business operation be brought back to the Commission in 90 days for another review. Commissioner Stewart asked how much the current dance floor/entertainment area exceeds the 150 square foot maximum provided for in the conditions of approval. Mr. Correa stated their current area exceeds the maximum. He said it is approximately 165 square feet and meets the spirit of the Code. Commissioner Wimberly asked if they moved the location of the dance/entertainment area. Mr. Correa replied that it has shifted somewhat from the approved floorplan,but that it is close to the specified area and the location is acceptable to staff. Chairman Fletcher commented that the original Conditional Use Permit was for a restaurant. He • asked if staff has visited and inspected the restaurant. He asked if staff believes it is operating as a restaurant. Mr. Correa said he conducted all the inspections and in his opinion, it functions more like a bar and it does not represent a "family" restaurant. Chairman Fletcher opened the public hearing. Bruce Evans, from the Law Offices of Solomon, Saltsman&Jamieson,426 Culver Boulevard, Playa Del Rey, stated he represents the owners, Felipe de la Piedra and Jose Sambolin. He remarked he mostly agrees with the staff report but that there is a fine point of disagreement. He noted that staff's condition prohibits them from checking identification at the door after 9 p.m. and that this is a reckless decision. He said that if they are caught three times for violations of their ABC liquor license, they could lose their license. He suggested no minors be admitted after 9 p.m.to limit their liability. He said that the issue of the speakers on the patio was never brought up. He asked for compromise because many other businesses have outside speakers, such as Starbucks. He said they were removed today and that all they want is ambient noise for the people on the patio. He asked if staff could work with his clients and that he did not see a need for a future public hearing. Commissioner Wimberly expressed concern about checking identification in a restaurant and that if it is a restaurant, and they are having dinner, then I.D.'s should not have to be checked unless the patron has asked for alcohol to be served. Mr. Evans noted an exceptional case where parents bring children in after 9 p.m. during the entertainment. He reported that this is why they would prefer that no unaccompanied minors be • Planning Commission Minutes -2- September 10, 2008 � Z- ID allowed after 9 p.m. He said kids produce fake I.D's. He said they should be admitted if they are with their parents or an adult. • Commissioner Howdyshell asked when dinner is served. Mr. Evans said it is served the entire time the business is open. Chairman Fletcher commented that he is not aware of a restaurant that would restrict minors at any hour unless the main purpose of the business is to serve alcohol and run a bar. He said there are other restaurants open after 9 p.m. that do not check identification. Mr. Evans reiterated the liability with the ABC and stated the Yard House checks I.D. and excludes minors on weekends and they do not have entertainment. He said their concern is on the nights with entertainment, kids sneak in, they try to get alcohol and then there are problems. He said they are clearly required to be a restaurant, they cannot sell more alcohol than 50% of their food sales and they can not charge a cover charge and never have. • Chairman Fletcher commented that he is not specifically familiar with what the Yard House is doing; the expectation is they are a daytime restaurant but with respect to this business he had not heard anything about a lot of alcohol being served here, that he did not understand the concern of letting minors in there if it was being operated as a family restaurant. Mr. Evans said that with entertainment after 9 p.m. and if the City feels this is important, they will work it out but that he did not support unaccompanied minors as it is a potential for problems and if they are not allowed to card them outside, they will card them inside. Chairman Fletcher commented that he would rather see the identification checked inside the building rather than outside. • Mr. Evans said it is far easier to control all those coming into the restaurant as they enter. Chairman Fletcher noted they have a hostess station and that perhaps it could be done there. Felipe de la Piedra reported he has been part of the new corporation (Loco Cantina) for the past year. He stood on his past years of participating with the City and the Chamber of Commerce and said that they serve food during all hours the business is open including lunch, dinner, football specials and Sunday brunch and they are trying to make it a nice establishment. Commissioner Stewart said there is a list of violations starting in May through August. She asked why the violations have taken so long to correct. Mr. de la Piedra said it just took longer than normal and new tables and chairs had to be ordered. Mr. Evans said that if he had something from the City in writing of what they were supposed to do early on then they could have been finished several months ago. He said he has a letter from the City dated August 16 that addressed the entertainment area and uniformed security. He said the letter stated if those two issues were addressed then they would be in compliance. He said new issues came up and they were noticed for the public hearing. He said he noted the issues explained by Mr. Troyer in their meeting in March. He added that his clients would rather work with staff. Chairman Fletcher asked about the ownership of the business. • • Planning Commission Minutes -3- September 10, 2008 j**s- I i Mr. Piedra said that he is part of a corporation headed up by Jose Sambolin. He said he operates the restaurant and he does catering and lunch and dinner from the restaurant. He said Mr. Sambolin is the owner and he (Felipe) is an officer of the corporation. • Commissioner Howdyshell remarked that she was on the Commission when Mr.de la Piedra came before the Commission with a request for entertainment and late hours and that the Commission favored it; that part of their decision was based on his good reputation. She commented that the Commission felt he understood that it is a privilege to have a business in Rancho Cucamonga. She said both application requests were approved in 2007 and all of these events have occurred after that. She said she would like to see the items of concern addressed and resolved. Mr. Evans said they have been addressed. He said staff seems to be satisfied with the corrections made. Chairman Fletcher noted that the Commission advises staff and that if the Commission feels staff is going in the wrong direction the Commission can also correct their decision. Commissioner Howdyshell asked staff to give examples of other restaurants that are family oriented, that also offer entertainment and also serve alcohol. She remarked that many young people eat out late but are not "carded". Mr. Evans said if it is more important to the Commission to preserve the right for minors to enter they will not preclude that, but if they are not carded at the door then they can be carded inside the building. Jose Sambolin, El Loco Cantina (owner) said that they added the entertainment for the 20-30's crowd and likened the structure of the operation to that of Wild Wings and TGI Fridays. He said Peppers and the Yard House would check I.D's at night. He said the ABC is most aggressive with • issues involving 17-20 year olds and control at the door is easier but with young servers, there is a potential for problems. Chairman Fletcher asked if it is a potential problem because of operating a restaurant or more from selling alcohol. He asked Mr. Sambolin if he owns other businesses. Mr. Sambolin stated it goes hand in hand. He said he owned Margarita Beach in Rancho Cucamonga and currently owns the one in San Bernardino. He said he is a resident here and he met Felipe who was not as successful as he would like in his business and so they joined forces because he (Jose Sambolin) has experience with a late night business and alcohol. He said they learned much from Margarita Beach in that they got rid of the dancing girls and provocative promotions. He said Mr. Troyer expressed concern that he was operating outside of the character of the business but that the requested corrections were not specifically made concrete, they were told staff would either agendize it or consider a review in a year and the issues were left open and then a few months later he got the notice of the hearing. He said there were overall character issues that they did not necessarily agree with. He said there was confusion regarding the entertainment area and he did not understand the speakers could not be outside of that area. Chairman Fletcher commented that the Conditional Use Permit was for a family restaurant and Mr. Sambolin is describing a bar that serves food. He said he does not want staff to repeatedly have to respond to complaints and that he would be more comfortable if they asked for a CUP to operate a bar. He added that this business is not what Mr. de la Piedra represented and instead they are playing around with staff and the Planning Commission; it is something that is not in the purview of the CUP. • Planning Commission Minutes -4- September 10, 2008 f10a2 • Mr. Sambolin disagreed. He said he sees the business as a success,that there is a lot of late night activity and that they are pushing food and it is working well. He said at the late hours,alcohol sales are a great revenue tool. He said in his opinion it is not a bar. • Mr. Evans took issue with the comment that they have not been down this road before; it is a different business with different hours and a different CUP. He added that staff did a good job and that they do not intend to be nit-picky. Chairman Fletcher said he believed the entertainment would be karaoke, guitar or mariachis for the purpose of entertaining diners which was what was presented to us and that the dance floor is hardly large enough for dancing. Mr. Evans said they are open until 2 a.m.with entertainment and that people do not tend to eat that late. He indicated the character changed with what the Commission approved but know they have to remain a restaurant. He said there is no legal basis to revoke the permits. He said that other than the two conditions,they are in compliance;they have done everything staff has asked them to do even the specific size and shape of the tables and the removal of the patio speakers (today). Chairman Fletcher said this is relevant when the primary purpose was to have a family restaurant; he said it used to be a great family restaurant and now it is a bar with stand up tables and it was misrepresented to the Commission. He noted that the first thing you see when you walk in is the bar. He said the application should have been for a bar and that the problem is with the way they went about it. He said the approval of the late night hours was to help Felipe compete with the other restaurants in town and that this is not how the business and the use was characterized when the entertainment permit and the extended hours requests were presented to the Commission. Mr. de la Piedra reported there are booths in back of the restaurant as well as the patio in the front where it is nice for families. He said at Chili's and Applebee's the first thing you see when you go in • is a bar. James Troyer, Planning Director commented that he and Mr. Correa met with Mr. de la Piedra and Mr. Sambolin in March. He said they made general statements but that he (Mr. Troyer) was clear about the DJ station and the large JBL speakers and that they were not in compliance with their approvals. He said he asked for the removal of the speakers and lights. He said they do not necessarily that agree that it is operating as a restaurant and they are generally in compliance, but to be a bonfide restaurant is more difficult to prove. He added the kitchen is open with a full menu but upon his inspection, he did not see many diners, but people were at the bar. He said that staff is not saying they are in full compliance with their CUP and Entertainment Permit and they did not prohibit dancing or a DJ but that they need to look at it to see if it is operating as a bonafide restaurant and that is why they want the 90 day review. He said they were clear that the installation of the large speakers and loud music during the day is not conducive to a legitimate dining experience. Chairman Fletcher closed the public hearing. Commissioner Howdyshell observed that the character of the business has changed since the inception of the new partnership. She stated that she supports another review of the business operation in 90 days and to monitor it. She added that the business climate is difficult now and it is harder for small business owners, however,she wants to see the applicant adhere to City policy and be in compliance with their approvals. She said Felipe has a reputation in the community and many people went to his restaurant because of who he is but that it is a privilege to have a business in Rancho. She commented that these problems may likely be due to the new business partnership. • • Planning Commission Minutes -5- September 10, 2008 Commissioner Wimberly concurred and added that the interpretation of the CUP and Entertainment Permit approvals of last July changed when the ownership changed, He noted that complete compliance, even with the time factor, is still an issue and that he still has concerns. • Vice Chairman Munoz commented that he agrees with most of what his fellow Commissioners had to say but that he would reiterate that the CUP permitting process is not automatic, it allows local agencies to review the potential negative effects of the business on neighboring land uses. He noted that the business was not brought under review because of furniture not matching but because of the noted police reports in the staff report. He mentioned reports of a stabbing, attempted murder/assault with a deadly weapon, and the arrest of an individual intoxicated in public. He remarked that the business changed since it was Felipe's, it also affects how our community is perceived throughout the Inland Empire and it is their business and their responsibility as owners to manage it. He noted that it seems they have corrected the items noted but that he supports staff's recommendation to see if they are complying with the spirit of the CUP. He supported a 90 day review. He pointed out that the business must adhere to the conditions of approval or risk revocation of the permits (which is part of the Commission's legal purview. Chairman Fletcher reported that he visited the business. He noted that family restaurants do not usually have bouncers. He reported that he observed an expanded dance floor, and even though the condition for the size of the floor was specific he believes this was a deliberate expansion . beyond what was approved. He said he personally heard the business referred to as a night club or sports bar which they are not conditioned for at this location. He asked staff if a permit for a bar could be issued for the business in this area. Mr.Troyer replied that they would have to go through the Conditional Use Permit process to change from a restaurant to a bar. Chairman Fletcher reiterated that the original approval said that no changes could be made in the • interior of the restaurant without prior approval. He read from the original CUP that if adverse affects occur from the business operation, the CUP shall be brought before the City Planner for review and possible revocation; nightclub style entertainment is not authorized with this approval. He added that adding entertainment was to give them a little competitive edge and that the Commission even extended the hours from what was initially requested. He commented that the Commission extended their hours to 2 a.m.with the idea of helping out a family style restaurant. He noted that at the time,the Assistant City Attorney, Kevin Ennis, said the business should operate as a restaurant and not a nightclub. He commented that at the time of the earlier approvals, the center prohibited sports bars. He said he noted four television sets and he did not know if that characterized a sports bar or not. He added that when a restaurant operates as a bar it is irritating to go through all this staff and Commission review when it is apparent what the business is. He said staff should look into what problems might be caused if it became a bar. He remarked that the bar tables should be taken out, that it have a "sit down" atmosphere with menus and utensils on the tables and should be a place for families for dinner, and if they want something else they should bring in an application for it. Commissioner Stewart remarked that the issues are clear. She reiterated that staff has asked for the Commission to make a determination. She said she favors a 90 day review and that she wants . that to be in concert with a public hearing before the Planning Commission. She said she would like staff to have a discussion with the ABC followed by a staff report about their regulations where minors are or are not allowed in this type of establishment and she asked for clarification of their rules. Motion: Moved by Stewart, seconded by Howdyshell, to accept staff's recommendation for a • 90 day review of the business and to schedule a public hearing before the Commission in 90 days. Motion carried by the following vote: Planning Commission Minutes -6- September 10, 2008 14414 AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried • . . . . . PUBLIC COMMENTS '—°'^ Ed Dietl of the Historical Preservation Association asked that the old Richfield g., station on Foothill Boulevard (Cucamonga Garage) be considered for historical status; a ch- ge from a Point of Interest to a historic landmark for the City of Rancho Cucamonga and the .ite of California and the National Register. He presented materials related to the old statio `o the Commission. He commented on its architectural significance, location (Route 66), age,ocal culture and history. He said the owner of the property(Lamar Advertising) does not object a the designation. He asked for the Commission's consideration for designation per the Municipa Lode and presented the secretary a form application for historical landmarks. Chairman Fletcher commented that the information woul.. :e given to the staff members that are working on updating the Historic Preservation ordinal e. He asked staff to clarify the rules regarding designation requests by non-owners. Mr. Dietl reported that the State does not require t - owner to request it and that he need only ask and get permission from the property owner, wh' h he did. He said the owner did not object. Chairman Fletcher said staff would come bat with a report. Steven Flower, Assistant City Attorney, -id that the Historic Preservation Ordinance is being reviewed and that this process would b:."old ed into that update. • Commissioner Howdyshell asked if should come to the Historic Preservation Commission. James Troyer, Planning Direct°, .said that it would be brought back to the Historic Preservation Commission at the next meet... Luana Hernandez comme: ed that she is part of a group of historical homeowners. She said the group would like to ass':.' the City with any issues of historic homes and they should help each other. Chairman Fletch- "thanked her and noted that the Commission does appreciate the help of the public in matte. of historic preservation. . . . . Cr MISSION BUSINESS i one . . . • Planning Commission Minutes -7- September 10, 2008 ` Vice Chairman Munoz suggested tha e public hearing would remain open and the item be continued to the January 14, 200.• meeting for the purpose of bringing°back an appropriate resolution for action. 17- • Motion: Moved by ■ 'noz, seconded by Wimberly, torcontinue the public hearing for DRC2008-00616 to_ d. January 14, 2009 meeting. Mot'oPfrcarried by the following vote: AYES: FLETq-"` R, HOWDYSHELL, MUNOZ, WART, WIMBERLY NOES: N / ABSENT: NE - carried C. A 90 -DAY REVIEW OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE asitce PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 D. A 90-DAY REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 Daniel Correa, Assistant Planner, presented the staff report. He noted staff's request for five added • conditions shown on page C & D -3 of the agenda packet. Bruce Evans, legal counsel for the applicants, stated they are opposed to conditions 4 and 5 because #4, in their opinion, is a prudent business practice (preventing the admission of unaccompanied minors after 9pm and when there is live entertainment) and #5 requiring a 50/50 ratio of food/alcohol sales. He presented a graphic depicting data and stated that Loco Cantina does not have a police-call problem, and of 20 restaurants, none had less than Loco Cantina and some had significantly more. He said he offered a compromise condition to staff that stipulates minors could gain entrance if accompanied by an adult/parent. He said the information presented is not law but only a guide from the ABC and that the staff report is incorrect. He said there is nothing in the law (is only a guide)that requires a type 47 business to require the admission of minors. He said the 50/50 condition is inappropriate in that it crosses the line of land use regulation and alcohol regulation. He said a restaurant is not even required to serve food at all times but they do (as noted in their CUP conditions). He said the kitchen is open at all times and serves food at all times. He said the business is open for lunch and has an extensive menu. He said no calls for service have been noted since June. He said this business generates 1 million dollars in taxable sales per year and provides 22 jobs, they are not a nuisance and that they are in total compliance with their CUP and Entertainment Permit. Commissioner Howdyshell asked how many restaurants in town do not allow minors after 9:00 pm. She expressed concern that they are excluding minors from their business. Mr. Evans said he did not know but said that Buffalo Wild Wings and the Yard House do on the weekends and during later hours other nights. He said there may be others. He said Rancho is the • first city he has dealt with that has an issue with this practice. Planning Commission Minutes -5- December 10, 2008 Chairman Fletcher opened the public hearing. Steven Flower, Assistant City Attorney, commented that there are two main issues;the 50/50 food to • alcohol sales and the exclusion of minors. He remarked that he too has had conversations with the ABC. He said it is correct that ABC does not require allowing minors but they support the City's discretion to impose such conditions. He noted that the 50/50 condition is consistent with the ABC and does not conflict with State law. James Troyer, Planning Director, commented there is no real means to enforce the 50/50 condition as the City would not audit their receipts. Chairman Fletcher asked if these conditions are applied to any other restaurants in town. Mr. Troyer said that he is not aware of any. Chairman Fletcher asked if they saw problems arise, could the CUP be brought back and have conditions added. Mr. Troyer said yes, it can be brought back at any time. • Commissioner Wimberly commented that considering the history of the business he recommends a 90 day review. Commissioner Howdyshell also noted the history of the restaurant and that she wants to see the restaurant flourish but she struggles with the exclusion of kids looking for a place to go after a • football game. She said she has a concern about young people under the age of 21 being admitted, that it could change the flavor of the establishment. • Commissioner Stewart asked for clarification regarding the admission of minors and what specifically is the applicant looking for. Mr. Evans said currently they are not allowed to check identification at the door or on the premises. He said the condition is poorly written. He said they do not want to exclude minors. He said they do not want them when there is live entertainment and after 9pm during those times because of the liquor liability. He said they would like flexibility with this. He said if a minor consumes alcohol and leaves, the business is liable. He said police calls late in the evening often involve minors. He said if they are accompanied by a parent,they can come in. He said he believes the law gives them this flexibility and that this may not be the best place for them after 9pm if there is live entertainment and they are without a parent. He said there are all kinds of conditions that ensure the business operates as a bona fide restaurant. He said Condition #2 is poorly written. Mr.Troyer asked the applicant why he believes#2 is poorly written. He asked if a person is an adult and he goes to a restaurant, and he is not ordering alcohol, should they be carded. Mr. Evans said he interprets the condition to mean that you can never check the identification of a minor. He asked when then would you check their I.D. Mr. Troyer said it means they can check identification when they order alcohol, that at most restaurants with a Type 47 license, no one is carded until they order alcohol. Mr. Evans said they will check I.D.'s at the door or inside and it is because of this practice that they have no citations with the ABC and the condition is meddlesome. He said this condition has nothing • to do with ensuring Loco Cantina remains a bona fide restaurant. He said no other CUP in town has this. He noted he disagrees with the City attorney. Planning Commission Minutes -6- December 10, 2008 Commissioner Stewart confirmed that Conditions 4 and 5 are the concern. Mr. Evans stated that is correct and that the other conditions already in place go above and beyond • what is typical. He reiterated that he believes 4 and 5 are in conflict with State law and unduly burdensome to the business. Chairman Fletcher commented that the Commission wishes to prevent the occurrence of a public nuisance. He pointed out that Mr. Evans' clients (the applicants) previously came to the Commission under false pretenses and asked for extended hours and entertainment and approval for a dance floor and then sold the business and started operating as something totally different. He said staff wants to see this remain a restaurant but it appears the owners want to migrate towards being a bar and that there is no doubt in his mind that this is what is occurring. He said he went to the grand opening and although in compliance,the operation is operating on the borderline as a bar. He said opting to keep the kids out in the night time is with the idea of operating a bar. He emphasized that this is not what the CUP intends. He said when you enter the establishment the bar is the main focus and the bar structure is most prominent. He said it sounds to him as if the owners want to operate as a bar. Mr. Evans responded and said there it is not bar, that the Loco Cantina is doing what that were substantially doing before the CUP was brought up for modification and if that were the case, they would not open at 11am. or Sundays for breakfast. Chairman Fletcher said with other establishments there is some separation between the eating place and the lounge but that is not the case here. He said if you want to operate a restaurant during the day and a bar at night, and that will cause a problem for the City. He said he has seen others do it and it is a problem. He said it is not true to say that opening at 11am means they are not operating a bar. He said this is the easy way to operate as a bar; open a restaurant first and then move in this direction. • Mr. Evans said the business is a legal operation and in compliance with State law, the CUP and the EP. He said he disputes the prior violations and stated the business does not have a law enforcement problem and is not a nuisance. He said it is a restaurant and has more conditions and entertainment exactly as shown in the Entertainment Permit. He said they made a mistake with the space allotted for entertainment and the tables and they promptly removed the outside speakers. He said he disagrees with the two proposed conditions. He said all the conditions in place will ensure your operating policies continue. He said to scrutinize this business alone in these economic times is not fair and selective. Chairman Fletcher called for a recess at 8:39 pm to release the high school students and reconvened the meeting at 8:43 pm. All Commissioners were present. Mr. Evans noted that Peppers, McAlan's, Yardhouse,Twins, and Omaha Jack's also ask for I.D.'s to prevent the entrance of minors. Felipe de la Piedra stated he is one of the owners. He said they are open 7 days a week and he is present almost every day. He said they have two kitchens, they promote their food and menu and they just had a grand opening. He said the competition is very tough. He said staff made a number of visits to check the restaurant. Commissioner Stewart remarked that this is a 90-day review and there were some issues with their business operation. She said staff visited them and the business has made an effort to be compliant. She said she does not disagree with the idea of modifying the condition regarding minors admittance as suggested by the attorney. She said it would not be unreasonable to allow minors • with their parents. She said she is OK with condition#5 but suggested they strike the last sentence. Planning Commission Minutes -7- December 10, 2008 She said she is not opposed to a 6 month review period and suggested the applicant work with staff for a revised condition. She said because it is a CUP, it can be brought back at any time for review. She said the business understands and they are willing to be compliant. She said this is a tough • economy, and we do not want to have a problem business, but it needs to be considered. Vice Chairman Munoz agreed with Commissioner Stewart. He commended the work of the owners and staff and it looks like fixing the problem has been successful. He said he has some trouble with condition #5 as it is not enforceable. He said the big issue was the 23 police calls previously cited, that is what brought them here in the first place, but it appears that is resolved. He commented that other businesses impose conditions such as condition #4 in order to separate potential issues with minors and adults imbibing alcohol. He said he feels minors should have opportunities but also need limits and this is hard to separate. He said he agrees with Commissioner Stewart, that the owners should work with staff on this condition, that when there is entertainment, minors should be requested to show identification but that this in no way is a sign that the Commission is relaxing on • this operation being run the way it should be. He said they need to be responsible with entertainment and that they do not want the problems that they had earlier in the year. He said if the last sentence of condition #5 is removed, it becomes benign. He said overall this is good work and good progress and he is encouraged that they continue in this. He said minors and alcohol at midnight is a recipe for disaster as it becomes a game for them. He suggested they strike the last sentence of condition #5 and bring back the business operation for another review in 6 months. Commissioner Howdyshell concurred. She noted it has been a long process,the business is trying to get back on track and it is hard to see restaurants struggle. She added that condition #4 needs clarification and she is OK with modifying #5 on the last sentence. She said they need to support the restaurants. She added that she is in favor of a 6-month review period. • Commissioner Wimberly concurred that#4 needs to be more specific about the control of minors. • He supported striking the last sentence of #5. Chairman Fletcher said that he is just setting the tone. He said he wants to see their success but he does not want them to gravitate towards being a bar and that it is now a borderline bar operation. He said he employed the "wife test" and brought her to the grand opening and she too indicated it felt more like a bar than a restaurant. He said he would like to see it become famous for their food and he does not want the entertainment at night to be the major focus. He said the key factor will be the calls for service. He said at their previous hearing,there was testimony of public vomiting in the parking lot and a stabbing and that is a major concern for a business just getting started. He noted there is a karate business next door that caters to youth and that he does not want to see conflict with the neighboring businesses. He said if conditions #4 and #5 are amended, it could be a problem for condition #2, but perhaps they could check I.D. inside the building. He reiterated that this is supposed to be a restaurant and not a nightclub but that the business needs some flexibility. He said it appears the majority of the Commission would agree to modifying the conditions. Mr. Troyer noted that it appears the Commission is directing another review in 6 months and to modify the conditions. He suggested the item be continued to the first meeting in January so the wording of the conditions could be worked out and bring back a resolution to that effect. Vice Chairman Munoz said if they wait until January, that it would not consider the holidays and their entertainment offered during that time. Chairman Fletcher reopened the hearing. Mr. Evans said it would be costly for them to come back. • Planning Commission Minutes -8- December 10, 2008 Mr. Flower noted the business is not being shut down and they are currently in operation. He referred to the conditions noted in the resolution of approval (Agenda packet pages C & D 78) and restated that they could change the wording of#10 to indicate no cover charge; #11 is satisfactory • as is; #12 would be changed to read, "The business during business hours must allow entry and provide restaurant services to all persons, including persons under the age of 21 years, however, the business may deny entry to persons under 21 years of age after 9:00 p.m. when live entertainment is offered, and only if the minor is not accompanied by a parent or legal guardian. There shall be no identification checks of patrons at the entrance or upon entering the establishment except during such times when minors may be excluded from the business in accordance with this condition" ; and on #13 the last sentence would be struck. (note for the record: Mr. Flower referred to the same conditions noted in the earlier discussion, however, the Commissioners read the conditions as noted in the staff report, and Mr. Flower read the same conditions from the resolution, thus the difference in the numbers of the conditions referred to during the discussion.) Chairman Fletcher asked if the existing conditions for the restaurant restrict serving alcohol outside at certain times. Mr. Troyer said no. He said they cannot restrict the outside service of alcohol in their approved outside eating area. He said they did require that the outside speakers be removed. Mr. Flower asked if there is outside access to the dining patio. • Mr. Troyer said there is a small gate. Chairman Fletcher commented that the owner will have to police that. He said he wants to see them successful with the best food and he does not want to see night time problems or see the business "morph" in the_tuture. He asked the applicants if that is clearly understood. The applicants indicated from their seats that they clearly received that message and were in • agreement. Motion: Moved by Munoz, seconded by Howdyshell, to adopt the Resolution of Approval 08-69 for DRC2007-00283 with the modified condition #s 10, 12, and 13. The Commission directed that the business operation be reviewed again in 6 months. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: NONE ABSENT: NONE - carried _ . . . . PUBLIC COMMENTS D. B. Christenson commented that this business operation di. a"bait and switch'in that they sold a restaurant and then became a nightclub. He applau d-staff for their followup on the issue. ADJOURNMENT Motion: Moved by Munoz', seconded by Wimberly, carried 5-0, to adjourn. The Planning Commission adjourned-at 9:15 p.m. Planning Commission Minutes -9- December 10, 2008 ' Cho Sungkun, owner of Okawa Sushi and Grill commented that se are tough business times and the customers want entertainment and he would like to mak em happy. • Chairman Fletcher opened the public hearing. Dan Derrick, stated he is a regular customer at q awa Sushi and Grill and stated that he supports the application and that he knows the owner 4ie truthful. John Wood, also a customer, stated he friend of the owner and that business is slow. He said the owner runs a respectful business and serves good food. Chairman Fletcher closed the pulalirhearing. Commissioner Howdyshell cppfnmented that businesses deserve an opportunity to expand and customers enjoy entertain rent. She said it was a good report by staff. Vice Chairman Munoz emarked that these are tough economic times, He said he is willing to support the request - d he concurred that the food is good there. He remarked that they will keep an eye on the spa - and the entertainment use. Chairman Flet er concurred it is a tough economy and there is lots of competition for business out there. He s this is a good location, there are no adjoining residential uses and that he has no problem wi 'the request. Motion: _' Moved by Howdyshell, seconded by Munoz 3-0-2 (Stewart, Wimberly absent), to adopt the R olution amending Conditional Use Permit DRC2009-00274 and approving Entertainment . Per- it DRC2009-00275 as presented by staff. Motion carried by the following vote: A S: FLETCHER, HOWDYSHELL, MUNOZ • . OES: NONE r- .�--,--""�-'a'"""'^",.,^ BSENT`''STEWART, WIMBERLY - carried . . . . . DIRECTOR'S REPORTS F. A 6-MONTH PROGRESS REPORT OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283-EL LOCO CANTINA(FORMERLY FELIPE'S), ibiKlocated in the Masi Plaza at 11815 Foothill Boulevard in the Industrial Park District(Subarea 7) -APN: 0229-011-38. Related Files: Conditional Use Permit 00-44 and Entertainment Permit DRC2007-00284. G. A 6-MONTH PROGRESS REPORT OF THE BUSINESS OPERATION RELATED TO ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA(FORMERLY FELIPE'S), located in the Masi Plaza at 11815 Foothill Boulevard in the Industrial Park District(Subarea 7) -APN: 0229-011-38. Related Files: Conditional Use Permit 00-44 and Conditional Use Permit DRC2007-00283. Daniel Correa, Assistant Planner, presented the staff report. Vice Chairman Munoz recommended the Commission receive and file the report. He said he is pleased with the progress achieved with the business. He said to keep up the good work. Chairman Fletcher stated he appreciates the owners' efforts to comply. • Planning Commission Minutes -4- September 9, 2009 The secretary received and filed the report. B 'COO MMENT C • None « « « « « COMMISSION BUSINESS Chairman Fletcher commented that fees for a Minor Developm- Review sometimes are nearly half the cost of as the proposed development. He indicated this� excessive and that the fees for minor development should be reviewed and/or streamlined and1hat if it is simple, it should be streamlined. James Troyer, Planning Director, stated the fees re being reviewed and staff is in the process of streamlining. He said more is being reviewed at the counter. He said they are looking at the amount of work involved in relation to theirs being charged. � � . « « , ( ise ADJOURNMENT Motion: Moved by Munoz, seconded by Howdyshell, carried 3-0-2 (Stewart, Wimberly absent)to adjourn. The Planning Commission adjourned at 8:35 p.m. Respectfully submitted; • James R. Toyer, AICP Secretary/' Approved: October 14, 2009 • • • Planning Commission Minutes -5- September 9, 2009 • * * * * * PUBLIC HEARINGS • B. 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. Xcr 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. CONTINUANCE REQUESTED C. 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. CONTINUANCE REQUESTED • . Chairman Fletcher noted that staff has requested a continuance on Items B and C to the regular meeting of February 10, 2010. He opened the public hearing for public comment. Seeing and hearing no comment, he asked for a motion concerning the continuance request for the public hearing. Motion: Moved by Munoz, seconded by Wimberly, to continue the public hearing for Review of • Conditional Use Permit DRC2007-00283R and Entertainment Permit DRC2007-00284R as requested to the February 10, 2010 meeting. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: NONE ABSENT: NONE - carried D. REVIEW OF NON-CONSTRUCTION CONDITIONAL USE PERMIT - D. -..-1U4-00326R - OMAHA JACKS-A public hearing to examine the business operatin c= S . Chairman Fletcher opened the public hearing. . Richard Avan, representing Etiwanda Gardens, said he is available for • •� "."I s. • Chairman Fletcher asked if there are plans to sell the pro `ollowing the processing of the subdivision map. Mr. Avan said they are not planning to sell. Hasa originally they thought they would expand the Etiwanda Gardens facility, but now they are:thinking they will find another development use for the property after the economy recovers,, Vice Chairman Munoz noted.thaat the application is pretty routine and did not have any issues. Chairman Fletcher agreed s- Motion: Moved by Munoz, seconded by Howdyshell, to adopt the Resolution of Approval for Tentative4P_a cel Map 19225 as presented. Motion carried by the following vote: AYEE$ d FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY S: NONE ABSENT: NONE - carried 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 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. Larry Henderson, Principal Planner, reported that per a letter, the applicant is requesting a continuance to the February 24, 2010 meeting. Chairman Fletcher noted the hearing has remained open from the January 13, 2010, meeting and he asked if anyone wished to comment on the item. Hearing no response he called for a motion. Motion: Moved by Munoz, seconded by Wimberly, to continue Items C and D to the February 24, 2010 meeting as requested by the applicant. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE .......rt z ABSENT: NONE carried • • Planning Commission Minutes -3- February 10, 2010 a-T-.>I qqL�9B }t a 1 �(x i CASE NUMBER 110913450 'SAT,RIFF'S DEPARTMENT Q�ae d a „ype �''^�'q' 4, ASSOCIATED CASE NONE COUNT.> OF SAN BERNARDINO,CA t- (k!;° oils {?@:1),(1)a1 ` f)::} f ' 03600 Ll�c aT+.iee:si', ra`s lannam,a;.x ' kr�. BEAT 04 , I REPORT AREA RC014 ti vat.kl,t 0 et ;"^ ^� '�".5..tRNISL*r ,? a. '^ o?s+are . ,n ?) , on Ro hpsTer Ave Chumh Stn._ ®VC23152A ®VC23152B --- Rog _.._.eL.Rencho Cucamonga_---.----- me 11.062009 10038HR5 ❑VC23153A ❑VC231536 Collision Related ❑ Yes ®No _—_-- ®Other PC 647(F) Y .Last Name. First Middle 1 Age I Date-of-Birth 1 Sex i Hair 1 Eye E Hg1 1 Wgt 1 2L_._1' M BLK i BRN 509 1 150_ ma's License k State I Address/City/State/Zip CA Year ; Make i Model Color 1 License/State 1 Disposition: ❑ Parked and Locked(Per Driver) ❑Stored 2006 ACURA XS BLACK l i Tow Company: i j. 1 - j Released To: Name DLit N0546903 ...: RAVLOTO01T8nS . - FACE ❑Normal ®Flushed ❑Pale ®Sweaty ❑Other SPEECH ❑Normal ®Slurred ❑Stuttering ❑Incoherent ®Confused ❑Other . BREATH ®Odor of Alcoholic Beverage ❑None ❑Other EXITING VEHICLE ❑ Lost Balance ❑Used Vehicle to Maintain Balance ®Other Not observed Have you been drinking? ® Yes ❑No I What? Beer I How Much? 2 I When? 2730 HRS•2330 HRS Do you have any physical defects? ❑Yes No I Have you taken any medicine or drugs? ❑ Yes ®No you have any medical problems? ❑Yes ®No I Are you sick or injured? ❑Yes ®No ,mments: told me he wears contact lenses and glasses but did not have them with him. • �SUR� � SURFACE,LIGHTING,WEATHER Flat Canasta Sidewalk I Street and Spotlight/Clear ❑Normal ®Watery ®Bloodshot OrN Orli ❑Glasses ❑Contact Lenses 33._,„ BALANCE EYES CLOSED • BLINDNESS ❑Right Eye ❑ Left Eye Internal Clock Horizontal Gaze Nystagmus ®Yes ❑No Estimate 30 Seconds: 15 Lack of Smooth Pursuit ®Yes ❑No Vertical Gaze Nystagmus ❑Yes ®No I *. u soli ;r9A,`om))11:1A Footwear: Athletic Cannot Do Test ❑ Explain: Describe Turn: Stumble ima UNA WM UM oath[a 113a r 3* ST aC Arms Used For Balance ®Yes ❑No Starts Too Soon El Yes ❑No elle CM Sole alb Sp gab off,alb alb MID anCra CO:::1 -aS knORLir swnwelimra CO It�n"'® Mom Hrl-Tee ___Toning Moat Emp// Date . iewed by: Date Prop 115 Qualified I, Petenen P0590 t`\1'� El®Yes No • •3ao1 y • EXHIBIT B for • yz" s Page of • • ':ONE'.LEG STAND 1 miOFIR'.N!(i'AlIDBE.: i Draw Lines to spots touched R i'D \I` 1 i 62 ® ❑ Sway:; while balancing © 0 I,� uses arms ti.htdaner ( p L © ® Hopping / _ I -4--::� -- • ❑ ® Puy.foot down � \ 30 ti ^ E Forgotr Instructions 4--a1—GT li Co -ri°-J6 / s7-f.. r 'RELIMINARY:ff1A pH TEST ❑Iterbsed . ❑ Not Available Results: • Brand/Serial ft .1931.188 , Alco-Sensor N 1 439960 ❑BREATH-Results:- ^ Tes1 41 • ! Test 42 Name and Title of trersnn taking;ample-r Blood&Brine. ... - E BLOOD- BA Kit II 221818 @0129HRS (i C.KniaM_Blood lech - ... . ... . .. ....�._ ❑ URINE-Urine Kit N ❑REFUSAL-Sec DMV Refusal Form • alN �c� I�u1lIwahaw.:. . MIRANDA: ❑ Yes E No By: N/A Date/Time i Location: What have eaten today? NIA N/A you Y K I When did you sleep last? How long? "Fish Tacos"@ 1900 FIRS I "Last Night" I About 12 hours. /hat have you been drinking? I How much? t Time started? Time of last drink? Feel effects: er'Michelob Uhra" 12 1 2230 HRS 1 2330 EMS I ❑Yes E No Did you bump your head? 1 1'� p. I Have you been drinking sine:the occident? I What? ' How much? "No" I N/A _ NIA I NIA •: Does your Vehicle have mechanical problems? . ...,.. ... . Were you driving the-vehicle? ---' ❑Yes E No Describe: , , [g] Yes 0 N • . ;...• E Cooperative ❑Alnsultin - ' g ❑Combative ❑Other -`'.. "' SEE ATTACHED NARRATIVE. • • • • . Continue On CR-2 • 01/2002 Copyright 01993 by San Bernardino County Sheriff's Department-All Rights Reserved DMP • SHERIFF'S DEPARTMENT CASE NUMBER County of San Bernardino 110913450 California REPORTING AREA CA 03600 RC014 CODs SECTION CRIME CLASSIFICATION VC 23152(a)I VC 23152 (b) DUI/DUI +.0B% BAC MISDEMEANOR VICTIM'S NAME- LAST NAME,FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS -----"""----- PEOPLE OF THE STATE OF CALIFORNIA ADDRESS — — -- PHONE NUMBER Assignment: On Friday 11/05/2009, I was assigned to patrol I traffic enforcement in the incorporated city area of Rancho Cucamonga. At 0038 hours, Deputy N. Clark contacted me over the radio reference needing assistance with a sobriety investigation. Officer Statements: When I arrived on•scene at 0041 hours Deputy R. Wright and Deputy N. Clark told me they were in the public parking lot on the southeast corner of Foothill Blvd and Masi Drive at 0036 hours, when they saw two Hispanic male subjects (later identified as--ands) beating on the windows of a small gray pick-up truck. Deputy R. Wright and Deputy N. Clark were about 60 to 65 feet away and had a clear unobstructed view of the incident. It appeared the subjects ere trying to get into the vehicle. After numerous attempts to break the windows another male iliect (later identified asillIS corralled - and into a black Acura Deputy R. Wright and Deputy N. Clark watched get into the drivers seat of the vehicle and drive through-the parking lot. As the vehicle passed Deputy R. Wright.and Deputy N. Clark they saw driving the vehicle. They pulled out directly behind the black Acura and followed it through • the parking lot. The Acura pulled out onto Rochester Ave and turned northbound. As the vehicle made its way northbound Deputy R. Wright and Deputy N. Clark saw the vehicle swerve repeatedly over the white broken lane line. • • CVC 21658 (a) — A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety. At no time did the vehicle complete a lane change. There were no obstructions, hazards, or vehicles impeding the vehicles movement in the initial lane. • IEPORTING OFFICER EMPLOYEE a DATE REVIEWED BY TYPED BY ROUTED BY DATE )eputy C. Petersen P0590 11.06.2009 _ CPIII 4ER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: ha ❑NO ❑ Detectives ❑ CII WI t Revised 1183(CR2) ❑ District Attorney ❑ Patrol ►�$I —a 7 SHERIFF'S DEPARTMENT CASE NUMBER County of San Bernardino 110913450 California REPORTING AREA CA 03600 • R0014 CODE SECTION CRIME VC 23152 (a) /VC 23152 6 CLASSIFICATION I DUI /DUI 4..08% BAC MISDEMEANOR VICTIM'S NAME-.LAST NAME,FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS -- -- PEOPLE OF THE STATE OF CALIFORNIA ADDRESS PHONE NUMBER Officer Statements (Continued): Deputy R. Wright initiated a traffic stop by using his solid red fight. The vehicle yielded on Rochester Ave just north of Church Street. They noticed unusual swaying of the vehicle after it was stopped. They could not see into the vehicle due to the dark tinted windows. Deputy R. Wright made contact with the driver at the driver's window. Deputy R. Wright found the driver in the left rear passenger seat. He could smell a strong odor of an alcoholic beverage coming from the driver's breath and person. The driver also displayed obvious signs alcohol intoxication. . _ Driver Contact/111.11.11MS I made contact with at the location of the stop, he was identified by his California Driver's License . He was seated on the curb near his vehicle. I could smell the strong odor of an alcoholic beverage coming from his person. - had bloodshot and watery eyes. His speech was unusually slow, slurred and his coordination poor. stated he had been drinking earlier in the evening. He had just left Loco Cantina and was in route home. Initially, • denied driving his vehicle. When informed that Deputy R. Wright and Deputy N. Clark watched the passengers from his vehicle beat on another vehicles windows and saw drive to the location of the stop, he admitted to driving his vehicle. WSW told me he lied because he was scared. Medical Problems & Medications: -stated he had no medical problems and was not taking any prescription or over-the- counter medication. Field Sobriety Exercises: - walked an area of sidewalk near the front of my patrol vehicle, as directed. I asked a a series of preliminary interview questions. The questions and his answers are listed on • the evaluation form. I explained and demonstrated a series of standard field sobriety exercises. stated he understood all explanations and demonstrations. -displayed attention an coordination impairment. He forgot most of the directions within seconds of the explanation. I documented the results of these exercises on the DUI Evaluation Form. For more information see attached DUI Evaluation Form. • • I EPORTING OFFICER EMPLOYEE It DATE REVIEWED BY TYPED BY ROUTED BY DATE Ieputy C. Petersen P0590 11.06.2009 CPIII : 1ER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: YES ❑ND ❑ Detectives ❑ CII • -151B4-401 Revised 1183(CR2) ❑ District Attorney - ❑ Patrol • SHERIFF'S DEPARTMENT CASE NUMBER County of San Bernardino 110913450 California • REPORTING AREA CA 03600 RC014 CODE SECTION CRIME VC 23152 (a)!VC 23152 (b) DUI!DUI +,OB% BAC • CLASSIFICATION VICTIM'S NAME -LAST NAME,FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS ----- MISDEMEANOR PEOPLE OF THE STATE OF CALIFORNIA ADDRESS PHONE NUMBER P.A.S. Advise! and Results: agreed to submit to a preliminary alcohol screen to further determine his sobriety. He understood this would not affect his obligation to submit to a blood or breath test required by California State law. .,A_S. results indicated a BrAC of .193% and .188%. Arrest: • Based on the totality of my observations and investigation, it is my opiniowas under the influence of an alcoholic beverage and unable to operate a motor vehicle with the same caution as a sober individual. ! was placed under, arrest by handcuffing him to the rear, double locking the handcuffs, and securing him in the rear locked portion of my patrol vehicle. I later transported to the West Valley Detention Center for booking. nisposition of Vehicle: vehicle was released to sairamak as identified by his statements, as requested by Chemical Test Admonition: I advised under California State law (CVC 23612 (D)) he was required to submit to a blood or breath test. Refusal to submit to, or failure to complete the required chemical test would 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. • Chemical Test: • - submitted to a blood chemical test at West Valley Detention Center. C. Knight from Law 'Enforcement Medical Services responded to the Blood Alcohol Room at the West Valley Detention Center to withdraw a blood sample. I witnessed the collection of the blood sample from, took possession of the blood sample, and I booked the blood sample into sheriff's evidence at the Rancho Cucamonga Police Station. EPORTING OFFICER EMPLOYEE# DATE REVIEWED BY :eputy C. Petersen I P0590 TYPED BY ROUTED BY DATE 11.06.2009 _ CPill ER ACTION: COPIES TO: ❑ SD/PD ❑ Other REMARKS: Yo❑NO ❑ Detectives ❑ CII • .15184-001 Revised 1/83(CR2) ❑ DISVICt Attorney ❑ Patrol SHERIFF'S DEPARTMENT CASE NUMBER • County of San Bernardino 110913450 California REPORTING AREA • • CA 03600 RC014 CODE SECTION CRIME VC 23152(a)I VC 23152(b) DUI I DU! 4-.09% CLASSIFICATION b8/ BAC MISDEMEANOR VICTIM'S NAME-LAST NAME,FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS PEOPLE OF THE STATE OF CALIFORNIA ADDRESS PHONE NUMBER Booking: was booked in at the West Valley Detention Center for CVC 23152(a) Driving Under the • Influence and CVC 23152(b) Driving Under the influence with a BAC over .08% or more. HIDALGO was issued citation #3038177. • Additional Information: • andwere passengers in the vehicte at the time of the stop. • They were placed under arrest by Deputy R. Wright and Deputy N. Clark for Public Intoxication. See their supplemental report for more information. Disposition: Case cleared by arrest. Forward this report to the San Bernardino County District Attorneys Office for -eview and filing. • •i • • • • _PORTING OFFICER EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE eputy C. Petersen P0590 11.06.2009 - CPIII !ER ACTION: COPIES TO: -❑SD/PD ❑ Other REMARKS: • YES ❑NO ❑ Detectives ❑ CII •i 15184-001 Revised 1183(CR2) ❑ District Attorney ❑ Patrol d3o • • • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA CA 03600 Page 1 RC s CO[POTION CRIME CLASSIFICATION VC 23152 (a), (b) +.08 %BAC Misdemeanor VICTIM'S NAME.LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) People of the State of California ADDRESS RESIDENCE PHONE SUPPLEMENTAL REPORT • ASSIGNMENT/ARRIVAL: On 11/06/09 between the hours of 1800 and 0400 hours, I was assigned to an ABC program along with my partner Deputy Wright. We were specifically working the area of Foothill Boulevard and Rochester Avenue in the city of Rancho Cucamonga. OBSERVATIONS: At approximately 0030 hours, Deputy Wright and I were sitting in the southwest portion of the parking lot of Loco Cantina and Grill. We observed three Hispanic males exit the business and begin to walk north through the parking lot. Our attention was brought to Else individuals as they began00000000 to yell and scream as they walked towards r vehicle. We continued to watch the subject's specifically one who was wearing a red baseball cap. A subject later identified asalli.1111.111 was extremely loud and appeared belligerent. The subjects arrived at a black Acura. While waiting to enter the vehicl began punching the driver's side window of a truck parked next to them. continued to yell and screaming the direction of the vehicle repeatedly punching the window, obviously attempting to shatter it. After multiple strikes to the window, a second subject, later identified asilliflinal, approached . and attempted to calm him down. -placed his arms arounda pulled him away from the truck and towards his vehicle. OS entered the passenger's side and sat in the rear seat of the Acura. A third subject later identified a , was standing between the Acura and the truck. -J began walking to the open door of the Acura, but prior to entering the vehicle used his right elbow and also struck the driver's side window of the truck. :SPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE stark B6735 12108/2007 'HER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD S ❑ NO ❑ Detective ❑ CII ❑ Other 5-15154-401 Rev. 1/83 ❑ Dist.My, 01 Patrol CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 11 0913450 CALIFORNIA REPORT AREA CA 03600 Page 2 • RC4 CODE SECTION CRIME VC 23^.52 .a). (b) CLASSIFICATION DUI 4.86 % BAC MtSD VICTIM'S NAME-LAST NAME FIRS i NAME MIDDLE NAME People of the Sate of (FIRM NAME IF BUSINESS) California ADDRESS RESIDENCE PHONE - then stepped into the Acura seated in the passenger's seat. walked around the vehicle and entered the driver's side and sat in the driver's seat. With all three subjects in the vehicle it reversed and exited the parking lot from the east side leading onto Rochester AVE. TRAFFIC STOP: Deputy Wright and I followed the vehicle out of the parking lot and onto northbound Rochester Avenue. I continuously observed the vehicle as it turned north on Rochester Avenue, and continued north passing Foothill Boulevard. In the area of Chervil ST, the vehicle began to drift from the eastern portion to the western portion of its lane. The vehicle traveling in the # 1 lane, crossed over the broken white lane lines multiple times. Deputy Wright, who was driving our vehicle, activated the emergency light and siren • and conducted a traffic stop. The vehicle yielded on Rochester Avenue just north of Church Street. Both Deputy Wright and I exited our vehicle. I approached the passenger's side while Deputy Wright approached on the driver's side. I immediately observed.the driverel move from the driver's seat and was now partially seated in the rear portion of the vehicle. ' was seated in the rear of the vehicle, with his legs partially over the center console. am immediately stated he was not driving the vehicle. I looked at S, who was sifting in the rear passenger seat, and at who was sitting in the front passenger seat wearing a seatbelt. Both Subjects were located in the positions we observed them enter the vehicle. The driver, ), had jumped from the driver's seat and moved to the • rear portion of the vehicle. • REPORTING OFFICER DATE REVIEWED BY TYPED BY Clark 86735 11/06/2009 I I ROUTED BY DATE '1ER ACTION: • COPIES TO: ❑ Other ❑ SD/PD REMARKS ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other ❑ Dist.Atty. 15-15184.401 Rev. 1/83 ❑ Patrol CASE N0. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 • CALIFORNIA REPORT AREA • CA 03600 Page 3 RC4 CODE SECTION CRIME CLASSIFICATION VC 23152 (a), 03) DUI+.06 %BAC MISD VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) People of the State of California ADDRESS RESIDENCE PHONE Deputy Wright made contact with. I made contact withand MS. As I spoke witathrough the passenger's side, I immediately noticed the odor of an alcoholic beverage coming from the driver's compartment of the vehicle. At this time, I hadVang anclINIS both exit the vehicle and sit on the curb. Deputy Petersen was then contacted in reference to the evaluation of a possible DUI driver. OBSERVATIONS: I spoke to bothIMINIS ands while they sat on the curb. a • year old, told me he and• his friends had beeri•at El Loco Cantina for the last couple ours. lad consumed multiple alcoholic beverages while at the cantina. i didn't specifically have a reason for punching the window of the vehicle and would not give me a reason why he was attempting to break it. . e4 was not specific and was reluctant to answer any questions asked of him. As I spoke to both individuals I observed objective indicators including blood shot watery eyes, an unsteady gait and an aggravated demeanor. Based on initial observations, objective indicators, overall actions and demeanor, I felt both anfasfa an were unable to care for themselves in there current levels of intoxication. Both subjects were placed under arrest for PC 647(f) public intoxication; they were handcuffed and transported to West Valley Detention Center for processing. DISPOSITION: Attach to original report by Deputy Petersen. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE dark B6735 11/06/2009 ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS .. ❑ NO ❑ Detective ❑ CII • ❑ Other '.515184-401 Rev. 1/B3 ❑ Din..Atty. ❑ Patrol KgZ.-33 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA • CA 03600 Page 1 CODE SECTION CRIME VC 23152(a),23152 6 o CLASSIFICATION ( l DUI, +.0E/ BAC MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE SUPPLEMENTAL REPORT ASSIGNMENT/ARRIVAL: On 11/06/09, Deputy Clark and I were assigned to work an Alcoholic Beverage Control program located in the city of Rancho Cucamonga. We were in an unmarked patrol unit equipped with a red light and a siren. At approximately 0030 hours, we were parked in the parking lot of the El Loco Cantina and Grill located on Foothill Boulevard in the city of Rancho Cucamonga. OBSERVATIONS: '\t approximately 0030 hours, Deputy Clark and I observed three subjects exiting the El • Loco Cantina and Grill and walking north through the parking lot. We observed the three subjects walk between a black Acura and a silver compact pick-up truck. I observed one subject wearing a red hat, later identified as1111111aiiim, punch the driver's side window of the silver pick-up truck with his right fist. After punched the driver's side window of the truck, .a subject, later identified as MON , walked over and put his arm arounde shoulders then walked to the front of the black Acura with him. then walked tract to the truck and punched the driver's side window several more times with his right fist. walked to the driver's side door of the Acura, opened the driver side door and got inside the driver's seat. A third subject, later identified as Garcia Medina, walked tom to tell him to get inside the vehicle. As the two were talking between the vehicles, - used his right elbow and struck the driver's side window of the pick-up truck. Both subjects got into the passenger's side of the Acura. - got into the back seat anda, got into the passenger front seat. IEPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY LWRIGHT-#W2800 11/06/09 GM-B7568 DATE -"HER ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS • J YES ❑ NO ❑ Detective ❑ CII ❑ Other 5-15184-401 Rev. 1/B3 ❑ Dist.Atty. ❑ Patrol CASE NO. • • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA CA 03600 Page 2 "'SECTION CRIME CLASSIFICATION VC 23152(a), 23152(b) DUI, +.08% BAC _ MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE — PHONE OBSERVATIONS (CONTINUED): was driving the black Acura arid riot wearing his seatbelt when exited the parking lot. Deputy Clark and I decided to follow the vehicle because we did not know if they were trying to break into the silver truck or if they had been trying to steal it. We followed them to see if they were going to another parking lot/location to attempt the same thing with another vehicle. As we followed the vehicle north on Rochester Avenue, we observed the vehicle swerving while driving in the number one lane. It crossed into the number two lane then back into the number one lane several times. At this time, Deputy Clark and I thought it was unsafe to let the vehicle continue to travel in this manner and we --onducted a traffic stop. ItAFFIC STOP: At approximately 0038 hours, while driving northbound on Rochester Avenue behind the Acura, I activated the red fights and siren on our unmarked patrol unit. The vehicle yielded to the right. As I exited my unit and approached the vehicle through the driver's side, I noticed there was no one in the driver's seat. There was a person in the passenger front seat and two subjects in the backseat. I was now sitting in the backseat directly behind the driver's seat. I advised I observed him get into the driver's seat of the vehicle and exit the parking lot driving'the vehicle. I told him I never lost view of the vehicle or the driver as I followed him out of the parking lot and northbound on Rochester Avenue. I told someone drove the vehicle there and since there was no one in the driver's seat I would;have to arrest all three of them for driving under the influence. REPORTING OFFICER DATE I REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT#W2800 11/06/09 L GM-67568 F'"THER ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS U• ❑ NO ❑ Detective ' ❑ cll ❑ Other 15-15184-401 Rev. 1/63 ❑ Dist.Atty. ID Patrol CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPDRT AREA • CA 03600 Page 3 CODE SECTION CRIME CLASSIFICATION VC 23152(a), 23152(b) DUI.+.08"/ BAC MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE TRAFFIC STOP (CONTINUED): then told me he was the one driving the vehicle and said he was sorry and did not mean to be disrespectful. I asked_ to exit the vehicle at which time he did comply. As he exited the vehicle I could smell a strong odor of an alcoholic beverage emitting from his person and his breath. At this time Deputy Clark and I decided to call our DUI evaluation unit to investigate. DUI EVALUATION: •-)eputy Petersen (11X5), arrived on-scene at approximately 0041 hours to evaluate • sawas. We advised Deputy Petersen the circumstances of the traffic stop. He then advised • he would be evaluating him for driving under the influence of an alcoholic beverage. We also told Deputy Petersen about the two passengers who were punching and attempting to break the window of the silver pick-up truck parked next to their vehicle in the El Loco Cantina parking lot. After Deputy Petersen conducted a DUI evaluation one he placed him under • arrest for Driving Under the Influence of an Alcoholic Beverage. Weplacedal an ancalgir under arrest for PC 647 (f) Public Intoxication. He put all three subjects in the back of his marked patrol unit and left the scene to transport the subjects to the West Valley Detention Center for booking. This concluded our traffic stop. 1 REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE GM-87568 R.WRIGHT#W2BOD 11/06109 fl 'THER ACTION: REMARKS • COPIES TO: El Other ❑ SDIPD ti YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-1.518E-401 Rev. 1/63 ❑ Dist.Atty. ❑ Petrol µ/ R4) -3t, 15-10603-Rev.6/92(CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER-STATION F PC 647F PUBLIC INTOXICATION 'OURNTY OF SAN BERNARDINO RDINO,CA U Other 110914132 NIFORM CRIME REPORT 4.ASSIGNED MO-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT 7.REPORT DIST. 3800°° 11/21/2009 23:43 11/21/2009 23:43 04 74 1111 URREU DAY-OF-WEEK/MO-DAY-YEAR/TIME EEWMO-DAV-YEARRIME 9.REPORTED MD-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE J CITY SAT 11/21/2009 23:43 11/21/2009 23:43 11815 FOOTHILL BLVD, RANCHO CUCAMONGA CODES FOR BOXES 12822 ARE: V = VICTIM W = WITNESS RP = REPORTING PARTY DC = DISCOVERED CRIME IF = INVOLVED PARTY ✓ 11.NAME:LAST,FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CITY-ZIP - 14.RESIDENCE PHONE C STATE OF CALIFORNIA, v T M15 OCCUPATION JIG.RACE/SEX 17.AGE 18.DOB M-D-YR 19,BUSINESS ADDRESS-STREET-CITY-ZIP 20.BUSINESS PHONE I 21.NAME:LAST FIRST,MIDDLE(FIRM NAME IF BUSINESS) 22. 23.RESIDENCE ADDRESS STREET-CIT\'dIP ETTT T N E _ 25.OCCUPATION 26 kACElSR'. 27 AGE 9 _ 2fi DOB M-D-YR 29.BUSINESS AUURESS STREET LIT1'�ZIP 30 BUSINESS PHONE S I 31.SUSPECT NO.1 LAS1,FIRST MIDDLE 32.RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37,EYES 38.DOB M-U-Y 139.ARRESTED 40.INTERVIEWED 1111.1.1.1111111111111 • H/M 20 5'11" 200 BLK BRO amp YES ❑ NO ❑YES O NO S . U 41.RESIDENCE ADDRESS-STREET-CITYZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S assisissmagnipPliagy E 43.SUSPECT NO.2 LAST,FIRST MIDDLE 44,RACE/SEX 45.AGE 46,HEIGHT 47.WEIGHT 48.HAIR 49.EYES 50.DOB M-D-Y 51.ARRESTED 52.INTERVIEWED ° H/M 22 6'00" 165 . RED BRO a 0 YES ❑No ❑YES C3 NO T S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 154.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS t SS OHEGK3fiAA8HE1NEdiE6At31EdVl7NUTAi170 fJH' lESj;:LSNDM•ei d°i'£5-CSTf Pyate;',.aSgdgT)bITjONA141NFOBh1A'DDN #21V.IG77M'MraiviT#7ESSZwgaiDFF]GER Cb3HER 9157'WMYSIOA JJOENDERBO(9k/ERBti+ L"h4ES,"[�`llAINOr IF', 4 4PH0'ILSGRAM:tstAKEtJee❑ikestegilfeer^' ° ztteatekIthP'.RINTSIete_D .'lam _axlWD SHTCLE.- Bt OL"GR4t1 I+SE.. 1 , t6S"K (E� 4T4"MpEL 85FBODY EM 6BlHCENS .(,6Z45TTATf7iii5t 6BDA1eAHE/DDDD:YlACC-E ,:sic.,!"''" ,X .w kT ? �sA- Z »c .. a'� 5` '6T K i s -4 sr r e..4 S`u f ? f � `T; .:1ttg z p� rt 1 R 1 1u :7,eBs, i e N.b. +e. ,F, t� "<B ru4'`°- m ? -»w +1 �' F�§��.��'v� ��8�m, a.F� �� 7�,.Yi4'�'^....� e_ ,�� I>,� �ro�N �BBERY WEAPON: ID FIREARM ❑OTHER DANGEROUS WEAPON LOCATION:D HIGHWAY ❑OTHER BUSINESS ❑SERV.STATION O CUTTING INSTRUMENT ❑STRONG ARM ❑CONVENIENCE STORE ❑RESIDENCE ❑BANK ❑MISC. C 70,ASSAULTS WEAPON: ❑FIREARM ❑ KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET ❑SIMPLE/NO INJURY R 71.BURGLARY ❑NIGHT ❑DAY ❑ FORCIBLE ENTRY ❑ ENTRY-NO FORCE ❑RESIDENCE ❑VEHICLE M ❑UNKNOWN ❑ATTEMPT BY FORCE , ❑NON-RESIDENCE(BUILDING) E 72.LARCENY ❑ PICKPOCET ❑ SHOPLIFT ❑ MOTOR VEHICLE PARTS ❑ FROM BLDG:NOT SHOPLIFT OR MACHINES ❑PURSE-SNATCH ❑ FROM MOTOR VEHICLE ❑ BICYCLES ❑FROM COIN-OPERATED MACHINES ❑ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES $ TV,STEREO,ETC. $ CONSUMMABLE GOODS $ S 8 JEWELRY $ FIREARMS $ LIVESTOCK $ T VALUES CLOTHING,FURS $ HOUSEHOLD GOODS $ OTHER MISC. $ A T OFFICE EQUIPMENT $ ❑ IDENTIFIABLE PROPERTY TAKEN NCIC ENTRY COMPLETED TOTAL $ • S 74.DOMESTIC VIOLENCE INJURIES .❑NONE ❑ MINOR ❑MAJOR WEAPONS: ❑YES ❑ 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 All suspects displayed signs and symptoms of being under the influence of an alcoholic beverage.The suspects were very intoxicated to extremely s intoxicated and were unable to take care of themselves. I felt they all were either a danger to themselves or others due to their state.All suspects ✓ arrested for public intoxication. I _. ._ _._._..._ �..... F _I.REPORTING OFFICER 78.EMP.4 79.DATE 80.REVIEWED BY DATE 81,ROUTED TO SCALLISTER C7826 11/21/2009 ❑SUBMIT TOD/A ❑OTHER ❑IMMEDIATE FOLLOW UP ORTING OFFICER OYES ❑NO IS 115 QUALIFIED _ K +r an ARS RMS't-STAT,,SCAN SHERIFF'S DEPARTMENT CASE NO. • COUNTY OF SAN BERNARDINO, CALIFORNIA 110914132 CA 360000 PAGE 1 OF 1 SUSPECT CONTINUATION REPORT • 11.SUSPECT NO.1 LAST,FIRST r 12.RACE/SEX 13.AGE 4.HEIGHT 5.WEIGHT 'G.I IAIR 7.EYES 16.DOB M-D-Y S.ARn_a i cD 110.INTERVIEWED H/M 19 6'00" 300 BLK BRO F YES DID DYES p NO 11.RESIDENCE ADDRESS-STREET-CRY-ZIP 12.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S 91766 U 13.SUSP 4.RACE/SEX 15.AGE 16.HEIGHT 17.WEIGHT 18.HAIR 19.EYES 2U.DOB M-D-Y 21.ARRESTED 22.INTERVIEWED - S P E DYES ONO DES ENO C - T 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS . S 25.SUSPECT NO.1 LAS1.FIRST MIDDLE 26.RACE/SEX 27.AGE 28.HEIGHT 29.WEIGHT 30.HAIR 31.EYES 32.DOB M-D-Y 33.ARRESTED 34.INTERVIEWED DES DO DES ENO 35.RESIDENCE ADDRESS-STREET-CRY-ZIP 36.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S U 37.SUSPECT NO.2 LAST,FIRST MIDDLE 38.RACE/SEX 39.AGE 40.HEIGHT 41.WEIGHT 42.HAIR 43.EYES 44.DOB M-D-Y 45.ARRESTED 46.INTERVIEWED S P DYES DO DYES ENO E C _ T 47.RESIDENCE ADDRESS-STREET-CITY-ZIP 48.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S 49.SUSPECT NO.1 LAST.FIRST MIDDLE 50.RACE/SEX 51.AGE 52.HEIGHT 53.WEIGHT 54.HAIR 55.EYES 56.DOB M-D-Y 57.ARRESTED 58.INTERVIEWED EYESDIO AYES END 59.RESIDENCE ADDRESS-STREET-CITY-ZIP 6U.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS '.SUSPECT NO.2 LAST,FIRST MIDDLE 62.RACE/SEX 63.AGE 64.HEIGHT 65.WEIGHT 66.HAIR 67.EYES 68.DOB M-D-Y 69.ARRESTED 70.INTERVIEWED S DESDO OYES ENO • P E 71.RESIDENCE ADDRESS-STREET-CRY-ZIP 72.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS C T 5 _ 73.SUSPECT NO.1 LAST,FIRST MIDDLE 74.RACE/SEX 75.AGE 76.HEIGHT 77.WEIGHT 78.HAIR 79.EYES BD.DOB M-D-Y 81.ARRESTED 82.INTERVIEWED DYES D90 AYES END ' 83.RESIDENCE ADDRESS-STREET-CITY-ZIP 84.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S 85.SUSPECT NO.2 LAST,FIRST MIDDLE 86.RACE/SEX 87.AGE B8.HEIGHT 89.WEIGHT 90.HAIR 91.EYES 92.DOB M-D-Y 93.ARRESTED 94.INTERVIEWED S P DES DIO DES DO E C 95.RESIDENCE ADDRESS-STREET-CITY-ZIP 96.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS T S 97.SUSPECT NO.1 LAST,FIRST MIDDLE 98.RACE/SEX 99.AGE 100.HEIGHT 101.WEIGHT 102.HAIR 103,EYES 104.DOB M-D-Y 105.ARRESTED 106.INTERVIEWED DES DJO DES ENO 107.RESIDENCE ADDRESS-STREET-CITY-ZIP 108.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S 1D9,SUSPECT NO.2 LAST,FIRST MIDDLE 110.RACE/SEX 111.AGE 112.HEIGH 113.WEIGHT 114.HAIR 115.EYES 116.DOB M-D-Y 117.ARRESTED 118.INTERVIEWED U DES DO OYES ENO S P E 119.RESIDENCE ADDRESS-STREET-CITY-ZIP 120.CLOTHING AND OTHER IDENTIFY! G MARKS/CHARACTERISTICS C T 121.SUSPECT NO.2 LAST,FIRST MIDDLE 122.RACE/SEX 123.AGE 124.HEIGH.125.WEIGHT 126.HAIR 127.EYES 128.DOB M-D-Y 129,ARRESTED 130.INTERVIEWED S DES Do DES ENO ,_ 131.RESIDENCE ADDRESS-STREET-CITY-ZIP 132.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS • REPORTING DEPUTY AND EMPLOYEE NO. DATE REVIEWED BY DATE ROUTED BY DATE M MCALLISTER/C7826 11/21/2009 Its Z -3g CASE NO, SHER 'S T COUNTY OF IFF SAN BERNARDIDEPARTMENNO 110914132 CALIFORNIA REPORT AREA CA 03600 Page 1 SECTION CRIME CLASSIFICATION 647P PUBLIC INTOXICATION MISDEMEANOR VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE ASSIGNMENT/ARRIVAL: On 11/21/09, at approximately 2343 hours, I dispatched myself to 11815 Foothill Boulevard in the City of Rancho Cucamonga. This call was in reference to a previous call in which another Deputy on scene arrested a driver of a vehicle my 3 suspects were sitting in for driving under the influence. I arrived on scene at approximately 2343 hours and conducted my investigation for public intoxication. ADDITIONAL INFORMATION: Prior to my call, other Deputies and I received a 911 call from a reporting party in which he stated a 1993 Honda, Accord, gold in color was pulling into the Shell gas station and they are drinking bottles of beer. Other Deputies and I arrived on scene and conducted a traffic stop in reference to a possible DUI driver in which another Deputy ended up arresting the driver of the vehicle. • Due to the driver being arrested, I then contacted the 3 suspects to make a determination of their intoxication level. ItSPECT #1 CONTACT: -- alaaalinf eas seated in the back right passenger seat of the vehicle. Immediately when I spoke to Leal he very strong odor of an alcoholic beverage coming from his breath and person. His eyes were glossy and bloodshot. When asking r his identification he spoke and his words were slurred contac and slightly incoherent. At that time contacted the other subjects in the car,SS and a. It was obvious that those subjects were intoxicated as well. I then asked alto exit the vehicle so I could speak to him about the incident which is occurring. Leal open the door and when he stepped out he slightly lost his balance and grabbed onto the door. I then asked Leal if he had anything illegal on his person and if it was okay for me to conduct a pat down frisk for any weapons. advised me that it was okay. While conducting my pat down frisk of Leal I noticed a very strong odor of an alcoholic beverage coming from his breath and person once again. I also asked Leal where he was drinking tonight. !stated at a friend's but could not describe where his friend's place was. I then told Leal to sit on the curb so I can contact the other suspects in the car. Illealked towards the curb and stumbled as he sat down on the curb. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MCALLISTER C7826 12/02/09 C7391 Pi1RTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.Atty. El Patrol —361 CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 110914132 CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION- CRIME CLASSIFICATION • PC 647F PUBLIC INTOXICATION MISDEMEANOR VICTIM'S NAME -LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Due to the driver of the vehicle being arrested for driving under the influence and also the intoxication level of Leal, I decided he was a danger to himself and unable to take care of himself. Leal was detained at that time for public intoxication. I had Leal sit on the curb while I continued my investigation. SUSPECT #2 CONTACT: I spoke to SIM originally when he was seated in the back passenger side of the vehicle. Naranjo displayed signs and symptoms of being extremely intoxicated. S had white pussy spit forming on the outside of his lips and could not lift his head due to his intoxication level. At that time I asked S to step out of the vehicle so I could speak to him about what is going on. Ir could not open the door so I opened the door for him and asked him to step out. _ almost tripped and fella I had to hold him up so he would not trip. He also had to balance himself by placing his hand on the vehicle. I then toldapto step up off the roadway so we could place him out of danger. At that timealS.with my assistance holding onto his shoulders, stepped up on the curb and I conducted a pat down frisk of Me due to his baggy pants and jacket. Naranjo almost fell 3 to 4 times while conducting the pat down frisk and at that time I felt it was unsafe • for him to stand up. I had him sit on the curb to better stabilize him. During my contact with Naranjo it seemed he kept getting further and further intoxicated during the interview and process of my investigation. It was obvious that_was in no way, shape, or form able to take care of himself and at that time I detained him by sitting him on the curb pending my further investigation into his public intoxication. SUSPECT #3 CONTACT: was seated in the front right passenger side seat and when I contacted him it was obvious he was under the influence of alcohol. VIM had an odor of an alcoholic beverage coming from his breath and person. He had glossy red eyes and was slurring his speech. I then hadexit the vehicle and he also stumbled while opening the vehicle and placing his foot on the ground. Sotelo had to catch himself by putting his hand on the door to stabilize his body. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M. MCALLISTER C7826 12/02/09 C7391 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/53 ❑ Dist.Ally. ❑ Patrol • Kiz—uU CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914132 CALIFORNIA REPORT AREA CA 03600 Page 3 .ECTION CRIME CLASSIFICATION 7F PUBLIC INTOXICATION MISDEMEANOR VICTIM'S NAME-LAS] NAME FIRS] NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE In speaking to allt further, he was slurring his words and at that time I determined due to the driver being arrested for DUI and also him being under the age of 21, he was going to be detained for public intoxication as well. Al that time I placed him in the back of a patrol unit pending further investigation. ADDITIONAL INFORMATION: While conducting our investigation into the public intoxication and also the DUI of the subject driving the vehicle, a cousin of 1 of the suspects came to our location. In speaking to her she asked if it was okay for her to drive the vehicle away se we would not tow it. We told her she was unable to drive the vehicle away. In speaking to her further, we asked if she knew the 4 subjects that were being detained. She stated yes and she also stated they had just come from the inside of a local cantina and were seen inside of the bar consuming alcoholic beverages. **was the,only person of legal age to be inside the local cantina bar consuming alcohol. SOW and Sotelo are not 21 years of age and were not permitted inside the bar, although they got inside somehow. It was also determined that the female cousin who came to the location was 17 and she was also inside of the bar as well. • Pt.T INFORMATION: Due to the information provided by a third party to the suspects that there was underage drinking inside of the local cantina, because the driver of the vehicle was intoxicated and that the suspects underage were so intoxicated with no place to walk safely to, they were a danger to themselves or possibly others. At that time all 3 suspects were arrested for PC 647(f), public intoxication. ARREST: • All suspects were placed into handcuffs and placed in the back seat of my patrol vehicle. They were advised they were being arrested for PC 647(f), public intoxication. ADDITIONAL DEPUTY INFORMATION: During the entire contact with Sap he increasingly became more intoxicated. When we arrived at • the West Valley Detention Center, I attempted to asks simple questions including his name, DOB and his address to fill out his citation. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MCALLISTER C7826 12/02/09 l C7391 CURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD • ❑ NO ❑ Detective ❑ CII ❑ Other 154-401 Rev. 1/83 ❑ Dist.Atty. ❑ Petrol 14 4I —LI I CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914132 • CALIFORNIA • REPORT AREA CA 03600 Page 4 • CODE SECTION CRIME CLASSIFICATION PC 647E PUBLIC INTOXICATION MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE GNY011jrwas so incoherent that he could not answer any questions and due to his intoxication level did not answer any questions because he did not know what was going on. I asked 4110100 if he consumed any other narcotics or illegal drugs we should know about just in case. He could not answer the questions. At that time all 3 suspects were escorted into the booking center. MINI Salmost collapsed and fainted and was extremely incoherent inside of the booking center. The West Valley Detention Center Nurse came out and attempted to speak to Mime in which he was still incoherent. She took his blood pressure and his heart rate was approximately 186 beats per minute. At that time the Nurse immediately called for an ambulance to take'Naranjo to the emergency room due to his intoxication level. In seeing MIs condition, I felt it was necessary to take a blood sample of 0111111001111 in case he passes away for some unknown reason due to his intoxication level. The blood taken was placed inside of the Rancho Cucamonga Sheriff's evidence locker pending further analysis. MIPS was also cite released at the scene and taken away AMR to the hospital. BOOKING: Due to wand Ma intoxication level, both suspects were placed in the sobering cell pending their intoxication levels are lowered to be further booked. DISPOSITION: Case to date. Forward to District Attorney's office for review and filing. • • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE M.MCALLISTER C7826 12/02/09 C7391 °URTHER ACTION: • REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ' ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/63 ❑ Dist.Atty. ❑ Patrol • • . OA 16.10603-401 II. .2107 ICR11 1. CODE SECTION 2. CRIME DEFINITION 3. CASE NO. CRIME CODE QF RUNTY DEPARTMENT SANBE 4A QM 0-44'r.' ../' //„/'//O7/ UNI COUNTY CRIME BFARWRGWO.CA �Onw _ //•//G / (f' UNO'-0MA CRIME REPORT 4.ASSIGNMENT MD.DAY•YEAR TIME 5. ARRIVED MD.DAx-YEAR TIME 5,BEAT ] RE T DIST. D3B00 09/0 / -Z3i) u�Po7/ 23x3 yr-� 75� 8. OCCURRED DAY-0/WEEKIMO.DAY YR.RIME 9.REPORTED MD:DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CRY i//U2' l D9/Doy 23/0 Ciaoy/222 _ //a/<A��•�/// -1/ °a- CODES FOR BOXES 12&22 ARE: V • VICTIM W•WITNESS RP . REPORTING PARTY DC • DISCOVERED CRIME IP 9 INVOLVED PARTY V 11. NAME:LAST,FIRST MIDDLE(FIRM IF A BUSINESS' 12. 13, RESIDENCE ADDRESS-STREET'CITY'ZIP 14. RESIDENCE PHONE I G 4 T - IN 15 OCCUPATIO E%I1]. AGE 18. DOB MOLAR 19. BUSINESS ADORE56STREEI�CRMLP 20. BUSINESS PHONE • W 21. NAME:LAST.FIRST MIDDLE IRRM IF A BUSINESSI 22. 23.RESIDENCE ADDRESS STREETDITY.ZIP 34. RESIDENCE PHONE I T I 1 T 5 ATIDN I2 :RACE/SEX 27. AGE 126. 000 MhYR 29. BUSINESS ADORESS•STREEI.CITY-LP 30.BUSINESS PHONE S I I • 31. SUSPECT NO. I LAST.FIRST MIDDLE 32. RACE/SEX 33. AGE 34.NT 36. WT 36. HAIR 37.EYES 30. DOB 39. ARRESTED 40.IIR'NE:W Q YES ONO AYES 0 N S .. $ 41. RESIDENCE AOORESS.STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS P E 43. SUSPECT NO.2 LAST,FIRST MIDDLE 44. RACE/SEX •5.AGE 46.HT 42. WT 48. HAIR 49. EYES 50.DOB 61.ARRESTED 62.NTERVIEW C T AYES ONO DYES ONO S . IS. RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 55. CHECK IF MORE NAMES IN CONTINUATION ED YES 0 N 66. ADDITIONAL INFORMATION C3 VICTIM QWITNE55 QOFFICEP OTHER 6]. PHYSICAL EVIDENCE RECOVERED DYES ND 58.PHOTOGRAPHS TAKEN "DYES ONO 6B.LATENT PNMb LIFTED OYES .BRIO 0. VEHICLE 61. COLOR 62.YR, 63-MAKE 64. MODEL B5.OODY TYPE 68. LICENSE. 07.STATE iGE.paATAGFA00EEYJACCESSORIE °V Q 5,4/4 69. ROBBERY WEAPON: 0 FIREARM O OTHER DANGEROUS WEAPON LOCATION:0 HIGHWAY D OTHER BUSINESS 0 SERV.STATION Q CUTTING INSTRUMENT OSTRONG ARM D CONVENIENCE STORE 0RESIDENCE DRANK QMISC, ,C 20. ASSAULTS WEAPON: 0 FIREARM O KNIFE/CUTTING INSTRUMENT' 0 OTHER DANGEROUS WEAPON ' D HANDS/FEET 0 SIMPLE/NO INJURY I 71. BURGLARY °MOTT Q DAY 0 FORCIBLE ENTRY O ENTRY-NO FORCE ' O RESIDENCE °VEHICLE M 0 UNKNOWN D ATTEMPT BY FORCE _ 0 NONRESIDENCE'BUILDING) 72. LARCENY °PICKPOCKET D SHOPLIFT 0 MOTOR VEHICLE PARTS O FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM CO1NOPERATED MACHINES 0 ALL OTHERS 73. PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY.NOTES t TV,STEREO,ETC. I CONSUMABLE GOODS I _ • 5 & JEWELRY I FIREARMS I LIVESTOCK 1 T VALUES CLOTHING I HOUSEHOLD GOODS I OTNB3 MISC. 1 A OFFICE EQUIPMENT i ET IDENTIFIABLE PROPERTY TAKEN T Q NCIC ENTRY COMPLETED TOTAL I S 74. DOMESTIC VIOLENCE INJURIES: °NONE °MINOR °MAJOR WEAPONS: AYES ONO 75. PEACE OFFICER ASSAULTED/ARSON 0 YES. IF YES,COMPLETE BOXES 1,2.3:4.AND 34 OR 36 ON CR-A FORM 76. SYNOP SIS i ___4c C Yar__ ra/ er G.uS/ c •c o . � , nA.N � V > /p1 ,✓A�J fix/ ,40(../g- iv Alai.',vCFE7,74 / 44E 5-g Co P%'- rA,-r s- To4s-12#) 57-0• .C. 3Y 55 77 c3 �<'N- fie//5 `Sfi/ '7 // tix ra 96 a//a iG � [/- -77-Air(2/J9 T • P ( f-( rr1 A�✓O�/cennnG ,. 6.6,6,- o /n''•Sv✓ /���64)-24,rvj i-vn % 5ecd2/7-72-71- T (g , )vj -rty,-7ri z.a±52 ' szv z_7-24:-5_ rA ,ACs 4; 456cl r2 ry w/4s s ,91r�pr/,-r Tv C5ct zr(%/<,)4 no % pr. tni s'W6 Cr-,c') 5,'c (2,/,) . 94444,7-4 //y A/Qn c7 rati 'S(--1- /4'-1c1 p14.7 7:Wz- v)/777 [.lU,vo., g/11) )4/.0 Jig" .y , Z i /z.2 "2,4, , 74./ /OU490 / p✓Iraticein0 E.2",,,,7 T. REPORTING OFFICER 70. DAP.I 79. DATE B0.REVIEWED BY DATE B',ROUTED TO --// n^////��I /a p Q BUBMR TO 0/A TJBFiIC C /9er t,y.i_�/ r>e9� OO/Q� `Q //'- /p0I DIMMfOMTE FOLLOW VP �����r ' 82. REPORTING OFFICER T �TC.� 63. GANG REIATED AYES I,nINO' IS I I I OUAUREO urcS QNII ,- I S i p 0 Y qa • CASE NO. • • SHERIFFS DEPARTMENT COUNTY OF SAN BERNARDINO 110911079 • CALIFORNIA • REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION • INC - INCIDENT OTHER VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS ADDRESS RESIDENCE PHONE ASSIGNMENT ! ARRIVAL: On September 10, 2009, I was assigned to work uniformed patrol in the City of Rancho Cucamorlga- I was wearing a Class "A" Deputy Sheriff uniform and wearing a marked Sheriff's patrol unit. On September 10, 2009 at approximately 2317 hours, I was assigned.to a possible battery report at the Loco Cantina located at 11815 Foothill Blvd. When I arrived on scene, other Deputies were already on scene. I made contact with Deputy R. Delgado who directed me to the reporting party, He also pointed out the locations of the two involved parties, an ADDITIONAL INFORMATION /OFFICER: • Prior to my arrival on scene, Rancho Cucamonga Fire Department and paramedics were on scene and had treateda. I was told that had declined any further treatment • 1 and any other medical aid. REPORTING PARTY INTERVIEW: GALLARDO, JOSE • While I was speaking withal.. I observed there to be dried blood on his lips. I asked he had any injuries and he said he had a cut inside his mouth on the interior left cheek. e also said his left eye and forehead had been hurt. I asked XISINNIN1 if he had been treated by .paramedics on scene and he told me yes. I askedrif he required any additional medical aid and he said he did not. He said he would seek medical aid on his own after he spoke to me. Said he arrived to the Loco Cantina and attempted to gain entry. He said he was stopped at the door by a security guard,MSIIIIIIIMIF, and told he was not allowed him. i said 4aIllat told him he was not wearing proper clothing and did not meet the dress code standards so he wouldn't be able to enter the business that t-shirts that were not tucked in were not allowed at the club. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. OUTLAW 00519 • 09/25109 C3084 FURTHER ACTION: COPIES TO: ❑ O 0 SD/PD REMARKS Other 0 YES 0 NO 0 Detective 0 CII 0 Other • 15-15184-401 Rev. 1/89 ❑ Dist.Atty. ❑ Patrol • t4 44, I-Liq SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO CASE NO. 110911079 CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION CRIME CLASSIFICATION INC INCIDENT I OTHER VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS; ADDRESS RESIDENCE PHONE REPORTING PARTY INTERVIEW (Continued): said his shirt was untucked but after speaking wither he tucked his shirt in arid asked if he could enter the club now. asaialle tdld him that he would have to go home and change shirts. said he felt he was being discriminated against because he saw other people inside of the club wearing flip flop shoes and t-shirts. While speaking tollSl noticed she was wearing a white t-shirt that was very large and baggy. The t-shirt was tucked in while I was speaking to him. I noticed that the shirt had to M&M characters on it. The shirt could be described as "gang attire" (bandana on head, gold jewelry and one of the characters on the shirt had a marijuana leaf on its arm). I asked) if the shirt he was currently wearing was the same shirt he was wearing when he attempted to get into the club and he told me yes. said after he was denied entry into the'club, he tokMillip that he wanted to get into the club an I refused him entry. 11101111111115 said he was told once again that he did not meet the dress c uTb standards. - said he was upset and felt this was unfair. SAS told me he stood outside the club and was told to leave b �S. r continued to stand at the location and was told b- w S that he could aif outside as long as he wants but wasn't corning into the club. -said he would call the police if there were issues andle told him he didn't need to calf the police because they could handle the problem themselves. I askecall1.111111why he did not leave the location after he was not being let into the club. He said he just wanted to go into the club and have a good time. ' said he wanted to go inside the club, have some water and relax. I askew if he had consumed any alcoholic 'beverages prior to arriving to the location and he told me no.-said he does not drink and when he clothes to a club he drinks water, hangs out and has a good time. I asked ail if he had been to the club before and he told me yes. • REPORTING OFFICER I DATE REVIEWED BY TYPED BY ROUTED BY DATE A OUTLAW 00519 09125/09 C3084 FURTHER ACTION: COPIES TO: ❑ Call REMARKS er ❑ SD/PD AYES ❑ NO ❑ Detective ❑ CII ❑ Other :5-15184-401 Rev. 1(83 0 Dist Atty. ❑ Patrol • SHERIFF'S DEPARTMENT CASE NO. COUNTY OF SAN BERNARDINO 110911079 • CALIFORNIA REPORT AREA CA 03600 Page 3 CODE SECTION CRIME CLASSIFICATION - INC INCIDENT OTHER VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) . ADDRESS RESIDENCE PHONE REPORTING PARTY INTERVIEW (Continued!: stated as he stood in front of the club he was told by another security guard, , that he could not stand at the location because he was blocking the front of the business and was creating a hazard. said he was told that it was a fire hazard for him to stand in the location he was at, at which time they told him to leave.0aid one of the security guards began to push him and the other security guard tried to grab him.aaid he did not try to defend himself, but started to back away from the location. He said as he was walking away • from the location the security guards attacked him.- said one of the security guards hit him, however he was unsure which one had hit him. He said they were wrestling with him and during the altercation he was injured. - said the left side of his face and eye hurt and somehow he cut the inside of his cheek. said he believed when he was struck by one of.the security guards that he was cut by his tooth. He also said he was told by paramedics that the cut would probably require stitches. I asked which security guard had hit him and he said he was not sure. I asked him if • 1 anyone else had seen either of the security guards hit him and he told me no. MS said his brother and a friend had arrived to the location but they were not standing near the area where the confrontation occurred. I asker'if at any time he fought back or hit either of the security guards and he told me no. I asked him how many times they asked him to leave and he said they told him he could stand outside as long as he wanted but weren't going to let him in. I asked--rf at any time he raised his voice or used profanities when speaking to the security guards and he told me no. He said he was very calm throughout the entire ordeal. He said after he had been involved in the confrontation the manager of the business came out and spoke with him in the parking lot. said he told the manager that he was calling the police and the manager tried to talk him a out of calling the police. -was unable to provide me with any additional information regarding the incident and my interview with him was concluded. REPORTING OFFICER DATE REVIEWED BY I TYPED BY ROUTED BY DATE A.OUTLAW 00519 09/25109 03084 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD(PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/53 ❑ Dist.Atly. ❑ Patrol • • SHERIFF'S DEPARTMENT 11111 COUNTY OF SAN BERNARDINO CASE NO. 110911079 CALIFORNIA REPORT AREA CA 03600 Page 4 CODE SECTION CRIME CLASSIFICATION INC I INCIDENT I OTHER VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INVOLVED PARTY #1 INTERVIEW: BUTTNICK, LUKE MO is a security guard at Loco Cantina. He said while he was working tonigtallS was • working the front door of the business.SI said the club has a strict dress code and the security guard that is working the door is supposed to enforce the dress code and monitor subjects entering the club.lsaid he noticed that was involved in an argument with a subject that was attempting to enter the club. said he recognized the subject a .11111111said L. has been to the club several times and has been spoken to about his inappropriate clothing a ore. • esaid when he saMOINIIPIIIIParguing wit he walked over to the location in an attempt to assistftated he spoke with and told him that he was not appropriately dressed to come into the club. He said was told to change his shirt and would be • allowed into the club. _said on a previous occasions-was wearing a baggy shirt and wasn't allowed to come into the club.)tucked the shirt in and was later seen inside . • the club with the shirt untucked. MEE said he told-"With all due respect your not appropriate dressed to enter the club." He said he also tolca to please go home and change his shirt and they would be more than happy to let him into the club said at that time told him and the other •security guard that they were disrespecting him. Shortly afte reached over with his right hand and placed his right hand on s shoulder. m said he told o remove his hand and not to touch him. ecame very agitated and raised his voice and began • arguing with both of the security guards. j said he told that he would have to leave the location andlISIII refused. • statertarted to make a scene and was blocking the doorway area. j and were attempting to escort-from the front of the business: He said their goal was to get him to the parking lot and tell him to leave. He said as they spoke tr they gave him several chances to leave the location however he refused to do so. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROWED BY DATE A. OUTLAW 00519 09125109 C3084 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS er ❑SD/PD 40 rYES ❑ NO ❑ Detective ❑ CII ❑ Other 15184-401 Rev. 1/83 ❑ Dist Ally. ❑ Patrol ► it)I-19 [ ' . SHERIFF'S DEPARTMENT CASE NO. COUNTY OF SAN BERNARDINO 110911079 • CALIFORNIA REPORT AREA CA 03600 Page 5 CODE SECTION CRIME CLASSIFICATION INC I INCIDENT I OTHER VICTIM'S NAME-LAST NAME FIP.S1 NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INVOLVED PARTY #1 INTERVIEW (Continued): gag said he stood in front ofd!) and with his hands was motioning for him to move towards the parking lot area.) flung his hand and arm towardsls face. at said he believed was trying to assault him.wok grabbeda0 with both hands and wrestled him to the ground to keep him from hitting him. NM sail fell to the ground and his face hit the planter area located in front of the business.air told ma) continued to fight and resist..., and told a to quit resistingintE stated he feared if he released thaw would continue to fight and hit him said he continued to control and tried to cairn him. remained on the ground ands anallillt assisted to his feet. He said they started to wall towards the parking lot area and eulled away from them and struggled. sal placed_ into a head lock and told him to calm down. • E said as— was trying to control the manager came out to try to calm down. release an began screaming, "Fuck this you guys beat me I'm calling the cops." said said, "I'm going to prolong this as long as possible." _ said he angina. were told to go back to the front of the business and resume their duties by the manager. IIMINIsaid he believed he was going to be assaulted byllaIMM). He said he did everything in . . his power to gel to leave peacefully. He said he requestedainneave the, location approximately four times. -E said refused to leave the premises. IMIS said refuses to obey the club rules. I asked if he sustained any injuries during the incident and he said he did not. ME was unable to provide me with any additional information regarding the incident and my interview with him was concluded. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY 1 DATE A. OUTLAW 00519 09/25109 C3084 FURTHER ACTION: COPIES TO' REMARKS ❑ Other ❑ SD/PD .0 YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184401 Rev. 1/87 0 Dist.Any. ❑ Patrol • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO CASE NO. 110911079 CALIFORNIA REPORT AREA CA 03600 Page 6 CODE SECTION CRIME CLASSIFICATION INC INCIDENT OTHER VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INVOLVED PARTY#2 INTERVIEW: FUENTES, ANDREW SA is a security guard working at Loco Cantina. He said he was assigned to work the front door and part of his duties were to monitor subjects entering the club and enforcing the dress code. -- said while working the front door he recognized a subject that was attempting to gain entry. He said the subject e, had been to the business at least three times before and always wears long baggy shirts which are not within the dress code policy of the Loco Cantina. said on previous occasions he has spoke wit and told him he was not appropriate dresses. He said the last time he cu some slack and told him to tuck his shirt in and would be allowed into the business an 0 complied- . said shortly afte entered into the business, he untucked his shirt and had to be told to tuck his shirt • in again at which time he refused. a said when he talked with tonight—it the front door he told him the shirt he was wearing was not appropriate and he would not be allowed into the business. —S said he told to go home and change shirts and would be welcome into the business. MEW aid began arguing with him and told him he was going to go into the business no matter what. said as he stood at the dooucked his shirt in and said, "I'm going in and your not going to stop me." said a explained tai that he would let him into the club if he changed shirts...a said he explained IO that the last time he tucked his shirt in and let him in that once inside the business he untucked it. said told him he was going to call the cops for not letting him in. explained to that he needed to respect the business' dress code and if he was unwilling to do that he • would not be let in became more and more argumentative with. tood in front of the business, crossed his arms and said he was not leaving.- told that he could stand outside the business as long as he wanted but was not going to get into the business until he changed his shirt. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. OUTLAW 00519 09125109 C3054 • FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SDIPD YES ❑ NO ❑ Detective 0 cm ❑ Other 5-15184-401 Rev. 1/83 ❑ Dist.AtIY. ❑ Patrol 3/44 T41 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110911079 • CALIFORNIA REPORT AREA CA 03600 Page 7 CODE SECTION CRIME CLASSIFICATION INC INCIDENT OTHER VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE I PHONE INVOLVED PARTY#2 INTERVIEW (Continued): was assisted by another security guard. , and they explained to that he could not stand at the location he was currently standing because he was blocking entry and exit into the business and was creating a hazard.S said he an told-if he was not going to comply with the dress code he was going to have to leave. a refused to leave and said they would have to move him if they wanted him to move. said he anta=aske to please move from the location again and he refused to do so. He said whit was speaking wItte placed his hand ort_s shoulder. toltnot to touch him and to remove his hand from his shoulder._continue to explain to that he would be let in if he changed his shirt. - refused to change and refused to move from the location. se held his hands to his side and was motioning for to move towards the parking lot area. flung his hand and arm towardsiss face.aid grabbed and held him to keep • from being hit. was being held by and continued to struggle and fight. too to the grounE in an attempt to keep him from fightingn aid he assisted was attempting to kick and flail. saicsalwas able to get off o an laid near the planter in front of the business. aid he and_ assisted to his feet and began to escort him to the parking o an egan fighting again. aid he was afraid that he or_were going to be hit ban.= so he p into a head lock in an attempt to gain control of him. Throughout the ordeal he told several times to stop resisting as did too. ignored their commands. Continued to hold in a head lock and told him to cairn down. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY I DATE • A. OUTLAW 00519 09/25/09 C3084 FURTHER ACTION: REMARKS COPIES TO: ❑ Olher ❑ SD/PD ❑ YES ❑ NO ❑ Deleetive ❑ CII ❑ Other • 15-1578<-0D1 Rev. 1/63 ❑ Dist.Atty. ❑ Patrol R t r -so • • • CASE NO. • SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 110911079 CALIFORNIA REPORT AREA CA 03600 Page 8 CODE SECTION I CRIME I CLASSIFICATION INC :HC:CE:T OTHER VICTIMS NAME.L A.S] NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INVOLVED PARTY #2 INTERVIEW (Continued): i said the manager came out of the business. releaser) and was told by the manager to return back to the business. - said prior to releasing he was told by the manager to be careful because— was reaching for his pocket. said he was careful when he released because he was not sure if he was reaching for a weapon. It was later determined that was reaching for his cell phone.—J said he was beaten and was going to call the police. • I askedMilla if he had any idea hov) sustained his injuries. He believed received the injuries when he was taken to the ground when he attempted to hit Mt. He said he believed his face may have hit the planter area located in front of the business. I asked-if at any time he hill with a closed fist or if he saw—hit him with a closed fist and he told me no. I askew if he had any injuries and he told me no. I asked ',him if3 hit him and he sal - )'kicked him and pushed him. — was unable to provide me with any additional information regarding the incident and my interview with him was concluded. PHOTOGRAPHS: I was assisted by Deputy Delgado who took several photographs oSD's injuries. . DISPOSITION: • Report taken for documentation only. REPORTING OFFICER DATE REVIEWED BY I TYPED BY ROUTED BY DATE A. OUTLAW 00519 09/25109 C3084 FURTHER ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS OYES • ❑NO ❑ Defective ❑ CII ❑ Other 15164-401 Rev. 1183 0 01st.Any. ❑ Patrol taV ft • • SHERIFF'S DEPARTMENT- COUNTY OF SAN BERNARDINO.CALIFORNIA 1. CASE NUMBER-STATION COMPLAINT-DISPOSITION REPORT - PROPERTY RELEASE //09/7o79 • • I2. CODE 3. CRIME ETG���- 4.CLASSIFICATION V 5, VICTIM NAME/OTHER LAST.FIRST MIDDLE IFIRM NAME IF BUSINESS' I G. 44011555:STREET.CITY,ZIP 0 RESIDENCE CI BUSINESS ].PHONE NUMBER C.-SUSPECT NAME-1: LA I, 4, F 9 RACE/SEX 10. AGE 11. HEIGHT 12 WEIGHT 13. HAIR 14. EYES 15. DOB S D IG. RESIDENCE ADDRESS:STREET.CITY.ZIP 17. CLOTHING A OI HEFT IDENTIFYING MARKS/CIIARACTEHISIICS S P E I B SUSPECT NAME2: LAST,F051.MIDDLE 19 RACE/SFX 20. AGE 21. HEIGHT 22.WEIGHT 23. HAIR 24. EYES 25. 000 C T S 26. RESIDENCE ADDRESS:S I IIEEI,CITY.ZIP 77. CLOTHING 8 OTHER IDENTIFYING MARKS/CHARACI ERISTICS 28 400'1 NAMES CI YES 20 ROBBERY WEAPON: I 1 FIREARM 1 OTHER DANGEROUS WEAPON LOCA ZION' 3 HIGHWAY 10THEFI RLIGINCSS P SERVICE 51A lION I,CUTTING INSTHLMFN I 3 STRONG ARM CCONVENIENC I.::I(IRE 3 RESIDENCL 3 FUME: CT MITE 30. ASSAULTS WEAPON: 17 FIREARM 0 KNIFE/CUTTING INSTRIJMENNT 3 OTHER DANGEROUS WEAPON C E7 HANDS/FEET hT (1 SIMPLE/NO INJURY R 31. BURG\ARY ONIGHT [WAY Cl FORCIBLE ENTRY 0 ENTRY-NO FORCE O RESIDENCE I [)UNKNOWN ET ATTEMPT BY FORCE 0 NONRESIDENCE IBUILDINGI M E 32, LARCENY CZ PICKPOCKET O SHOPLIFT [MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES S 0 PUR56SNATCH 0 FROM MOTOR VEHICLE 3 BICYCLES CIFROM COIN-OPERATED MACHINES CI ALL OTHERS T 33. PROPERTY RECOVERED RECOVERED RECOVERED A TYPES CURRENCY.NOTES I TV,STEREO,ETC I T CONSUMABLE GOODS.. $ S AND JEWELRY B FIREARMS 6 LIVESTOCK $ VALUE CLOTHING,FURS 6 HOUSEHOLD GOODS F OTHER MISC OFFICE EQUIPMENT CI NCIC ENTRY COMPLETED TOTAL PROPERTY RECOVERED 6 34. ARSON PROPERTY VALUE PROPERTY VALUE PROPERTY VALUE A TYPES SINGLE RESIDENCE 6 INDUSTRIAL/MANUF. 6 OTHER STRUCTURES .. S R AND OTHER RESIDENCE 4 OTHER COMMERCIAL S MOTOR VEHICLE 6 • S T VALUE STORAGE S PUBLIC BUILDINGS I OTHER MOBILE $ O INHABITED BUILDING 0 UNINHABITED/ABANDONED BUILDING TOTAL OTHER LOST $ I.0 35,PEACE OFFICER 0 ASSAULTED [)KILLED BY FELONIOUS ACT Cl KILLED BY ACCIDENTINEOUGENCE INJURIES: CI YES CJ NO WEAPONS: CJ RREARM CI KMFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON O HANDS AND FEET ASSIGNMENT: 02-MAN VEHICLE 0 I-MAN VEHICLE C DETISPEC Cl OTHER VEHICLE A (3 ALONE 0 ASSISTED S TYPE OF ACTIVITY: [DISTURBANCE Cl BURGLARY O ROBBERY 0 OTHER ARRESTS [7 HANDLING PRISONERS L [J CIVIL DISORDERS T 0 SUSPICIOUS PERSONS/CIRCST. 0AMBUSH 0MENTALLY DISTURBED [TRAFFIC STOPS Q ALL OTHERS 38.COMPLAINTINFORMATION AND 37. DATE 38. DEPUTY DISTRICT ATTORNEY 39. CHARGES FILED O CASE REVIEWED AND COMPLAINT PILED 0 COMPLAINT REJECTED- SEE REJECTION SUP 40.VICIaISA'ITNESSES RECONTACTED 41, DATE O VICTIM'S) O CASE REVIEWED AND FOUND TO BE COMPLETE.LETTER BENT C C WITNESSIESI 0 NO NEW LEADS,INFORMATION,OR SUSPECTS IDENTIFIED 0 3 NEIGHBORHOOD/AREA CHECKED O VICTIM ADVISED THAT PROSECUTION ND LONGER DESIRED P42. COMMENTS Age-e-T 'war-J��A ^�/r I Gf ����ri9TOl�/ ��llp 5-6:3 1 N T COMMENTS P R . O P CERTIFICATION: I.THE UNDERSIGNED,DO HEREBY CERTIFY THAT I AM THE SIGNATURE DATE LEGAL OWNER AND ENTITLED TO TAKE POSSESSION OF SAID PROPERTY. R E DRIVER'S UCENSE NUMBER MISCELLANEOUS L D 43. DISPOSITION: O ADDITIONAL LEADS (CASE UNFOUNDED Cl CASE CLEARED BY EXCEPTIONAL MEANS 0 PROPERTY RELEASED • I [)CASE CLEARED BY ARREST 4 44. REPORTING OFFICER 46. EMPLOYEE NO. 46. DATE 47.REVIEWED BY DATE I 'I /}-r4.5Ci7-4A/n7 Ov/jx C7/0 0, Ste- qhg/09 4) 16.13887401 R Q.v.9194 10141 J 1 J'- - DISTRIBUTION: Original- Records Copy- SFelion Files 15-10603-Rev.6102 LORI) 11.CODE SECTION 2.CRIME DEFINITION I3.CASE NUMBER-STATION SHERIFFS DEPARTMENT BATTERY 091436 - COUNTY OF SAN BERNARDINO,CA ❑ Other PC 242 _ ............. ._ __ ____.. . . _ �M CRIME REPORT °°°°^ q,ASSIGNED MO-DAY-YEAR TIME , 00:00 5 ARRIVED M O-D A Y-Y E A R TIME 16.BEAT I7.REPORT DIST. 00:00 04 074 P OCCURRED DAY-OF-WEEK/MO-DAY-YEAR/TIME :9 REPORTED MO-DAY-YEAR TIME . '10.LOCATION OF OCCURRENCE CITY SAT 1111412099 02:00 11/27/2009 00:00 11815 FOOTHILL BLVD SUITE E., RANCHO CUCAMONGA SAT 1 V14!2009 02:00 • CODES FOR BOXES 12 622 ARE' V = VICTIM W = WITNESS RP = REPORTING PARTY DC . DISCOVERED CRIME IP = INVOLVED PARTY ✓ 11.NAME'LAST,FIRST MIDDLE IFIRM NAME IF A BUSINESS/ 12 113 RESIDENCE ADDRESS-STREET-CITY-ZIP .14 RESIDENCE PHONE, T • SEE CONTINUATION, V • 15 OCCUPATION 110 RACE/SEX. U7 AGE 110.DOB M-O•YR 09 BUSINESS AOORESS.STREET-CITY-ZIP 20.BUSINESS PHONE 'W I 1 21 NAME:LAST FIRS],MIDDLE(FIRM NAME IF BUSINESS) . 22 123 RESIDENCE ADDRESS.STREE]-CITY-ZIP 24.RESIDENCE PHONE ,T IN , IE S 25 OGCIIPA'LIUN ,2L RACE/SEX _7 ACA :2B.LION M-II YR 129 BUSINESS ADDRESS STREET-CD Y-ZIP !311 BUSINESS PHONE I6 I 31.SUSPECT NO 1 LAST.FIRST MIDDLE :32.RACE/SEX 133.AGE 134.HEIGHT 133 WEIGHT 36.HAIR 137.EYES !30.DOR M-D-Y 39.ARRE STEDI40 INTERVIEWED UNKNOWN i 11 DYES E NO o YES 0 NO I i I S I I I - U 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S P .. . E 43.SUSPECT NO 2 LAST FIRST MIDDLE ... thk :AoE 46.HEIGHT 4] IGHT 4B. I9. ES 1 DOB O-Y 151.ARRESTED.......-- - ....._. ..... . . _...- --- - ._. 1 ....._. . I .---1 -_... ._._. I _. ._. 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS .155.CHECK IFMORE.NAMES IN CONTINUATION :EYES 'ONO . Y" 56.AOORIONAIANF.ORMATIDN ONICTIM ".OMp$NESS LJDFRICER L�DTHER,t J=.57.PHYSICAL EVIDENCE RECOVERED*LAYES 1LYl'ND SB PHOTOGRAPHSq-AICEN -ZL}'YEB 1Ltin0 °59 LATENIJPRMITSL1F7{-0 -taYES 'J-JND1i HICLE 61 COLOR 6 YR: 63 MAKE.: 64 MODEL 65'60DYTYPEx66 LICENSE Uq EM 25TATE ' B.UAMAGEIODDIFN4ACCESSQRIE5 -.i .I. ,'^ r: I 1 v'.:r 4...r:;. .a , ..:Y, ' :;:PA"z xxx cb x , 7.>" C s 6�BBERY WEAPON: 0 FIREARM ,0 OTHER DANGEROUS WEAPON LOCATION:❑HIGHWAY 0OTHER BUSINESS 0 SERV.STATION 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE 0 RESIDENCE 0 BANK 0 MISC. C 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON �'I HANDS/FEET kr SIMPLE/NO INJURY R 7_ 71.BURGLARY 0 NIGHT ❑ DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE ❑RESIDENCE 0 VEHICLE M _ _ 0 UNKNOWN 0 ATTEMPT BY FORCE „- - __- 0 NONRESIDENCEIBUII_PING] E 72.LARCENY 0 PICKPOCET 0 SHOPLIFT ❑ MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH ❑ FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES $__.,.__..__.-.._.. TV,STEREO,ETC. $ - _ CONSUMMABLE GOODS $ S S JEWELRY $ FIREARMS $ .,, LVESTOCK $ T VALUES CLOTHING,FURS $ HOUSEHOLD GOODS $ OTHER MISC. - S • T OFFICE EQUIPMENT S„_.,,---._,___,_-,___„ ❑ IDENTIFIABLE PROPERTY O NCIC ENTRY COMPLETED TOTAL $ 74.DOMESTIC VIOLENCE INJURIES 0 NONE 0 MINOR 0 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 • 14-09 AT APROXIMATELY 0200, WEST WAS EXITING THE LOCO CANTINA&GRILL WITH A FRIEND WALKING TO THEIR VEHICLE. B WHO WAS SO INTOXICATED HAD HIS FRIEND HELP HIM WALK TO HIS VEHICLE. WHILE EROUT TO WESTS VEHICLE AND HIS ✓ FRIEND GOT INTO A VERBAL ALTERCATION WITH SEVERAL ASIAN MALES IN THE PARKING LOT.THE VERBAL ALTERCATION TURNED o PHISICAL AND AND HIS FRIEND WERE JUMPPED BY APPROXIMATELY 10 ASIAN MALE ADULTS.WEST WAS KNOCKED P UNCONSCIOUS D NG THE ALTERCATION. SEVERAL 01eFRIENDS CARRIED HIM TO HIS VEHICLE.THE UNKNOWN ASIAN MALE . . S ADULTS FLED THE SCENE IN 1-. ? /EHICLES. DEPUTIES MADE CONTACT WITH ON A TRAFFIC STOP WHERE HE WAS THE s PASSENGER OF THE VEHICLE DID NOT WANT TO MAKE A POLICE REPORT.A POLICE REPORT WAS TAKEN FOR DOCUMENTATION ONLY. PORTING OFFICER 76.EMP.# 79.DATE 60.REVIEWED BY DATE 61.ROUTED TO 05UBMRTO ❑OTHER litiVi 21 l, HT W28 v I I a 709 ❑IMMEDIATE FO LLOW UP• ' . REPORTING OFFICER EVES ❑NO IS 115 QUALIFIED CASE NUMBER • SHERIFF'S DEPARTMENT • 110914361 County of San Bernardino California REPORTING AREA CA 03600 RC 074 • CODE SECTION CRIME CLPSSIFICATION PC242 1 BATTERY f Misdemeanor VICTIM'S NAME LAST NAME.FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS SEE CONTINUATION -- -------- ----- ADDRESS • I PHONE NUMBER • ASSIGNMENT: On Saturday, 111409, at approximately 0200 hours, Deputy Clark. arid I were assigned to work an Alcohol Beverage Control program in the city of Rancho Cucamonga Ca. Deputy Clark and I were working in plain cloths and driving a unmarked San Bernardino County Sheriffs Department Ford - Taurus OBSERVATIONS: While driving through the parking lot of the Loco Cantina & Grill on 11-14-09 at approximately 0200 hours, we observed a male adult, who appeared to be intoxicated laying on the ground in the parking lot south of the Loco Cantina & Grill. We observed several males help the intoxicated male into a white Chevrolet truck. Two other males got into the truck. The truck traveled east though the parking 1t and entered into traffic on Rochester Ave. We radioed for a marked unit to conduct a traffic stop on • the vehicle to check the condition of the male who was lying on the ground. TRAFFIC STOP: By the time the marked unit got into position to make a traffic stop, the white truck was southbound on the 1-15 at approximately 85-90 miles per hour. Deputy Cline stopped the vehicle for speeding. I made contact with the male who was lying on the ground in the parking lot. The male was identified as by his CDL. VICTIM STATEMENTS: I made contact withilitin scene of the traffic stop located on the southbound 1-15 on the 4Th St. exit. The following is a summary of West's statements. West and his friend were exiting the Loco Cantina & Grill and were walking to his vehicle. West so intoxicated his friend had to put his arm around him and help him walk. Several Asian males asked them if they were gay. REPORTING OFFICER EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT I W2800 1 112709 -",,THER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: X YES ❑NO ❑ Detectives ❑ CII 1515184-401 Revised 1/B3ICR2) ❑ District Attorney ❑ Patrol • CASE NUMBER SHERIFF'S DEPARTMENT 110914361 County of San Bernardino _ • • California REPORTING AREA • CA 03600 RC 074 CODE SECTION I CRIME CLASSIFICATION PC242 I BATTERY Misdemeanor --__.-----------------VICTIM'S NAME-LAST NAME, FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS SEE CONTINUATION ADDRESS PHONE NUMBER VICTIM STATEMENTS: got mad at the statement and started challenging the Asian males to fight. Approximately 10 Asian males exited near by parked vehicles and physically assaulted VVest and his friend. After the fight, the Asian males got into'Several vehicles and fled the scene. DISPOSITION: • West did not want to make a police report. This report is for documentation and station file only. • REPORTING OFFICER EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT W2B00 112709 ,•THER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: --YES ❑NO ❑ Detectives 0-CII 15_15184-4D1 Revised 1183(CR2) ❑ District Attorney ❑ Patrol , �ZL J I T + g. V I5-I066Rw.MR(CR1) I. SECTIONpc 245(A)(1) 2.CRIME DEFINITION ' 7JCASE.NUMBERSTATION O F PC 496 ASSAULT WITH DEADLY WEAPON; POSSESSION OF <';... ?a SHERIFF'S DEPARTMENT M -1 lfI 00307 COUNTY OF SAN BERNARDINO CA ® albs PC 12021 STOLEN PROPERTY; FELON IN POSSESSION OF • UNIFORM CRIME REPORT 4.ASSIGNED MO-DAY-YEAR TIME 5.ARRIVED MORAY-YEAR TIME 6.BEAT 7.REPORT DIST. 1100)0 01/09/2010 00:23 01/09/2010 00:23 04 RC074 8.OCCURRED DAY-OF-WEEK/MO-DAY-YEAR/TIME 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY SAT 01/09/2010 00:23 01/09/2010 00:23 11815 FOOTHILL BLVD,RANCHO CUCAMONGA CODES FOR BOXES 12 S 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 C STATE OF CALIFORNIA, v T M .D 15.OCCUPATION 16.RACE/SEX 17.AGE 18.DOB M -YR 19.BUSINESSADDRESSSTREET-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 N SEE CONFIDENTIAL, W • E 5 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.RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 3G.HAIR 137.EYES 38.DOB M-O.Y 139.ARRESTED 40,INTERVIEWED ❑YES O ND ❑YES ©NO 5 1 I -�DI U 41.RESIDE °'RCFT-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S I - UCCA . E41 SUSPECT Nv.. . W.AGE 46.HEIGHT 47.WEIGHT 48.HAIR 49.EYES 50.DOB MA-Y 151.ARRESTED 52.INTERVIEWED C I '... ' I' '' '' 0 YES 0 NO OYES 0 NO• T 1 S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 9761 BIXBY AVE G, GARDEN GROVE, CA 92841 55.CHECK IF MORE NAMES IN CONTINUATION EYES ❑ND 56.ADDITIONAL INFORMATION ❑VICTIM WITNESS a OFFICER ❑OTHER I 57.PHYSICAL EVIDENCE RECOVERED OYES ❑NO 66.PHOTOGRAPHS TAKEN ©NO 59.LATENT PRINTS LIFTED LIVES 57.I NO N Ca VEHICLE 61.COLOR 82.YR. 63.MAKE 64.MODEL 05.BODY TYPE U° ' 67.STATE 68.DAMAGE/ODDITY/ACCESSORIES ✓ IDs BLUE 1988 TOYOTA TRUCK 1 ,., � CA • 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION:O HIGHWAY ❑OTHER BUSINESS 0 SERV.STATION 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE 0 RESIDENCE ❑BANK ❑MISC. C 70.ASSAULTS WEAPON; ❑FIREARM 0 KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON 0 HANDS/FEET ❑SIMPLHNO INJURY RI 71.BURGLARY 0 NIGHT ❑DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE 0 RESIDENCE ❑VEHICLE M 0 UNKNOWN ❑ATTEMPT BY FORCE ❑ NON-RESIDENCE(BUILDING)_ E 72.LARCENY 0 PICKPOCET O SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES . 0 PURSE-SNATCH ❑FROM MOTOR VEHICLE ❑ BICYCLES ❑FROM COIN-OPERATED MACHINES 0 ALL OTHERS TJ.PROPERTY STOLEN STOLEN .. STOLEN TYPES CURRENCY.NOTES $ TV.STEREO,ETC. $ CONSUMMABLE GOODS $ S e JEWELRY $ • FIREARMS S LIVESTOCK S T VALUES CLOTHING,FURS $ HOUSEHOLD GOODS 5 OTHER MISC. S A T OFFICE EQUIPMENT $ 0 IDENTIFIABLE PROPERTY TAKEN❑NCIC ENTRY COMPLETED TOTAL S 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 dale and time Suspects..e andallie were going to the bar Loco Cantina.Witnesses saw a fight break out in the parking lot and s positively identifiectate as being involved.The Security guard of the complex observed- lla t display a firearm in his right hand and point it at ✓ several people.The suspect 1111111Landami_got into there vehicle and drove out of the area at a high rate of speed.Deputies were able to catch o up to the vehicle and make a felony traffic stop at Milliken Ave and Foothill Blvd.Upon making the stop suspect emileslide across the seat and p I went into the driver seat.Both suspects were taken into custody with out incidein.We conducted search of the parking lot where the suspect s was last seen and recovered a loaded revolver.A records check was conducted and it was found to be stolen out of LAPD's judsdictiOneltl!ris a s convicted felon and on active CDC parole.awYre was booked for PC 182(a)(1)and NlIS was booked for the above charges. 77.REPORTING OFFICER 78.EMP.A 79.DATE 80.REVIEW O BY DATE 81.IRO)AED TO G LAJNG C7870 01/09/2010 1 SI 2-k0 TC3IMMEDITEFO ID OTHER I� , 0 LB SUBMIT TO FOLLOW UP • 82.REPORTING OFFICER El YES 0 NO ii-,;c:-I$tI5QUALIFIED 1ti":' -? Case NIPS Ka S(o ARSRMS.'STAT'rSCAN^ CASE NO. SHERIFFS DEPARTMENT COUNTY OF SAN BERNARDINO 111000307 • CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION ASSAULT WITH DEADLY WEAPON; POSSESSION PC 245(A)(1)/PC 496/PC 12021 OF STOLEN PROPERTY;FELON IN POSESSION FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE - PHONE ADDITIONAL CHARGES: Additional charges of PC 192(a)(1), conspiracy to be filed on suspectiia. ASSIGNMENT/ARRIVAL: • On 01/09/10, I was assigned to uniformed patrol in the City of Rancho Cucamonga as 11P14. At approximately 0023 hours, several Deputies along with the Task Force were at Omaha Jacks-when they were flagged down by several subjects about a fight going on at Loco Cantina. Information was put over the air that there was a subject with a gun in front of Loco Cantina and he was getting into a vehicle leaving the area. At approximately 0023 hours, several units were at the location. I was at the location along with several units to conduct an area check for the vehicle. • ADDITIONAL INFORMATION/OBSERVATIONS: • Deputy Petersen was in the parking lot of the incident location and was given a plate number of 6Y17693 and was given a description of a Hispanic male and Hispanic female who got into an older model blue pickup truck and took off in the parking lot towards the Jack in the Box. Deputy Petersen saw a vehicle matching the description go northbound on Masi and go west on Foothill Boulevard. TRAFFIC ENFORCEMENT: Several Deputies got behind the involved vehicle to conduct a felony traffic stop. All units had their overhead lights and sirens on and the vehicle yielded on Milliken Avenue north of Foothill Boulevard. During the traffic stop Deputy Petersen stated he observed the driver who was later identified as -put his right hand across the bench, slide across the seat into the passenger seat and the other suspectaluilillna slide into the driver's seat. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE G. LAING C7870 01/11/10 C7391 FURTHER ACTION: COPIES TO: REMARKS • ❑ Olher ❑ BD/PD • YES ❑ NO 0 Detective ❑ CII ❑ Other • 15.15184-001 Rev. 1/83 ❑ 01st.Airy, ❑ Patrol CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA • CA 03600 Page 2 CODE SECTION CRIME CLASSIFICATION ASSAULT WITH DEADLY WEAPON; POSSESSION • PC 245(A)(1)/PC 496/PC 12021 OF STOLEN PROPERTY; FELON IN POSESSION FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Both suspects were ordered out of the vehicle at gunpoint and taken into custody without incident. Ysenia came out of the driver's side door and was taken into custody and Isaac Gomez came out of the passenger side and was taken into custody. VEHICLE SEARCH: • A search of the vehicle returned negative for the weapon. EVIDENCE SEARCH: Deputies went back to the incident location to start conducting a search for the possible weapon involved. See attached supplemental by Deputy Tebbetts for the location of the weapon. INFIELD LINEUP: See supplementals by Deputy Parker, Deputy Mason and Deputy Clark for the infield lineup. • WITNESS STATEMENT: I spoke to witness Armando Anzaldo who was the security guard for the Masi Plaza at the incident location. The following is a summary of our conversation. Armando said he was doing his rounds when he could hear a commotion in front of Loco Cantina. When he started to pull to the Loco Cantina he could see several subjects fighting. This is when he saw the suspect who he personally identified aslee.eCOems in the altercation with the other subjects. a75aid he sawandellag produce a firearm in his right hand and said it was a long gun and looked like a revolver from a distance. He stated once he saw that the suspect had a gun he knew there were Deputies over by Omaha Jacks and he ran to the location where he was able to see Deputy Clark and let Deputy Clark know there was a man with a gun in front of the Loco Cantina. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE G. LAING C7870 01/11/10 C7391 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ DetectNe ❑ CII ❑ Other • 15-15184-001 Rev, 1/83 ❑ Dist.Atty. ❑ Patrol CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA • CA 03600 Page 3 CODE SECTION CRIME CLASSIFICATION ASSAULT WITH DEADLY WEAPON; POSSESSION PC 245(A)(1)/PC 498/PC 12021 OF STOLEN PROPERTY; FELON IN POSESSION FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE I asked Armando if he saw anybody else with a gun at the location or if he heard any shots fired. He stated no. He stated the only person he saw with a gun was the suspect we identified as 1♦e NM. He said the fight happened in the parking lot at the second row west of the Loco Cantina. He stated he knew for sure that Isaac had the gun in his right hand and he also saw 1 of the suspects try to wrestle the gun out of his hand. He did not see if the gun fell to the floor or if the suspect Isaac left with the gun because he left to go flag down the Deputies. I asked if he had any other information and he stated no. RECORDS CHECK: I conducted a records check on the recovered gun and it was found to be stolen out of Los Angeles Police Department Pacific Division in 2005. I made contact with the Los Angeles Police Department who advised me the gun was stolen out of Pacific Division and they would contact their Detectives to • get a copy of the report. SUSPECT INTERVIEW: I made contact withlewho was detained at this time in the back of my patrol car handcuffed. In conducting a records check of-it was confirmed he was on active CDC parole. Before I started to talk to Isaac he told me he had a lawyer and at this time I did not read him his Miranda rights and I did not conduct any kind of interview with him. I only advised him of the charges he was arrested for. SUSPECT INTERVIEW: YSENIA ORELLANA On 01/09/10, at approximately 0203 hours, I reacL111111111SherAlianda rights per my Department issued Miranda card. She answered "Yes" to question #1 indicating she understood her rights and said "No" to question #2 indicting she did not want to speak with me. I concluded my interview with her at this time. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE G. LAING C7870 01/11/10 C7391 FURTHER ACTION: COPIES TO: ❑ Other SD/PD REMARKS ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15.15184-401 Rev. 1/B3 ❑ 0151.Atty. ❑ Patrol Kea -51 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA • • CA 03600 Page 4 CODE SECTION CRIME CLASSIFICATION ASSAULT WITH DEADLY WEAPON; POSSESSION PC 245(A)(1)/PC 496/PC 12021 OF STOLEN PROPERTY; FELON IN POSESSION FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE EVIDENCE: See attached CR3 for evidence. The gun and bullets located in the firearm were placed into envelopes and placed into evidence to be sent to the lab for latent prints. DISPOSITION: Case to date. Forward to District Attorney's office for filing and review. • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE G. LAING C7870 01/11/10 C7391 FURTHER ACTION: COPIES TO: REMARKS ❑ Olher ❑ SD/PD ❑ YES ❑ NO ❑ DeteclNe ❑ CO ❑ Other • 15.15104-401 Rev. 1/B3 CI Dist.Atty. :❑ Patrol l4Z-490 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA • CA 03600 Page 1 RC074 CODE SECTION CRIME CLASSIFICATION PC 245(a) Assault With a Deadly Weapon Felony VICTIM'S NAME.LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • Assignment/Arrival: On Saturday 010910, I was assigned to uniform patrol in the city of Rancho Cucamonga as 11R11. At 0050 hours, I was assigned to assist deputies at 11837 Foothill Boulevard reference a possible assault with a deadly weapon. I arrived on scene at 0056 hours. Observations: When I arrived on scene I observed several deputies searching for a firearm which may have been used in an assault. As I exited my patrol vehicle I was flagged down by a Hispanic male adult who was later identified as S. As I walked towards 1111111111a, I observed a silver colored revolver with a brown handle lying on the pavement next to his street sweeper._I Ja street sweeper was parked in the second parking row just to the east of Omaha Jacks, approximately ten parking spots south of the north edge of the parking lot. Witness Statement: Gastelum, Arnulfo • I conducted an interview with MSS at the incident location and the following is a summary of his statement. Sr-stated he was driving north through the parking lot in the second parking row when he observed something shinny lying on the ground. The object was lying in an empty parking spot. atpulled up next to the object and parked his street sweeper. When411111111Si exited his street sweeper he nothiced that object lying on the ground was a handgun. filuallahen flagged me down and gave me his statement. •ll — was unable to provide me with any additional information, therefore I concluded my interview. Additional Information Deputy: After I contacted Ma and observed the silver revolver lying on the ground, Deputy Mason collected the revolver and made it safe. REPORTING OFFICER DATE REVIEW ED BY TYPED BY ROUTED BY DATE J. Tebbetts 06192 010910 FURTHER ACTION: COPIES TO: Olher SO/PD REMARKS ❑ ❑ ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • • 15184-401 Rev. 1/83 ❑ Dist.Any. ❑ Petrol I1--(PI • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA • CA 03600 Page 2 R0074 CODE SECTION CRIME CLASSIFICATION PC 245(a) Assault With a Deadly Weapon Felony VICTIM'S NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE Disposition: Forward to Deputy Laing's Original report. • • • • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE J.Tebbetts D0192 010910 FURTHER ACTION: COPIES TO: Oth REMARKS ❑ er D SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII D Other • 15-15184-401 Rev. 1183 ❑ Dist.Ally. ❑ Petrol • • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION PC 245(A) ASSAULT WITH DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE SUPPLEMENTAL REPORT ASSIGNMENT/ARRIVAL: On 01/08/10, I was assigned to uniformed patrol in the City of Rancho Cucamonga from 2100 hours to 0700 hours of 01/09/10. At approximately 0042 hours, I responded to the Loco Cantina located at 11815 Foothill Boulevard regarding a possible shooting inside the parking lot. I arrived on scene and made contact with Deputies and attempted to locate a victim however we were unsuccessful. During this time I was informed that the manager of the Loco Cantina who was later identified as Jose Sambolin witnessed a portion of the altercation. I proceeded to the Loco Cantina and made contact with AIM and asked him for assistance in the investigation. • WITNESS INTERVIEW: JOSE SAMBOLIN DOB 09/25/63 I interviewed ea outside of the Loco Cantina and the following is a summary of the interview. • informed me he is the manager of the Loco Cantina. a informed me he was inside the bar when he heard from his security officer Angel Limas there was possibly a fight in the parking lot outside the business. 111111111111111h and iiWproceeded to the front of the business and saw 3 individuals fighting in the parking lot in front of the business. MIMS told me 1 of the involved parties of the fight who was later identified as suspect 11111It?, was being beaten by 2 other males. 6n1 described l.11Mz going into the fetal position as he was being beaten by 2 males. and Limas attempted to intervene and stop the fight. They were successful in separating the parties. Once they were able to separate the involved parties a blue pickup truck pulled up and I)ileZ got inside and fled the scene. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE J.PARKER A5376 01/11/10 C7391 FURTHER ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS ftYES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-001 Rev. 1/83 ❑ Dlst.Atty. ❑ Patrol 1441-(a3 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA • CA 03600 Page 2 CODE SECTION CRIME CLASSIFICATION PC 245(A) ASSAULT WITH DEADLY WEAPON FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE I asked-tila if he had seen a gun any time during the physical altercation and he told me no. I asked him if he heard there was a gun involved and he told me yes. 11111IS then explained to me he heard from other patrons inside the bar there was possibly a gun involved. I asked £ if he knew what started the altercation and he told me no. I asked > rr if he would be able to identify the subject who entered into the truck and fled the scene if he saw him again and he told me yes. I asked him if he would be willing to do an infield lineup and he told me yes he would attempt to identify the suspect lipme.., INFIELD LINEUP: ale*was read his admonishment. Sallikwas driven out to the area of the traffic stop. .tiOflt positively identified tee as being the male subject who was fighting with the 2 other males. He also identified the vehicle as being the vehicle that pulled up and fled the scene. DISPOSITION: • Case to date. Attach a copy of this supplemental report to original report. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE .1. PARKER A5376 01/11/10 C7391 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Dolective ❑ co ❑ Other • 15.15184.401 Rev. 1433 El Dlst.Atty. ❑ Petrol ft4l vc,q • SHERIFF'S DEPARTMENT CASE ND. COUNTY OF SAN BERNARDINO, CALIFORNIA • CA03600 //jD 00 307 REPORTING AREA EVIDENCE/PROPERTY REPORT RC-0-7'f CODE SECTION RECOVERING DIV/STATION SUSPECT NAME ni REPORTED STOLEN l c R4-5- RANC/(O i[. _{� RECOVERED PROPERTY ---PING RECOVERED BY EVIDENCE f FOUND PROPERTY I-1 SAFEKEEPING O SEARCH WARRANT - OWNER OF PROPERTY ADDRESS CASE AGENT AND EMPLOYEE NO. PROPERTY RECOVERED BY AND EMPLOYEE NO. 6. Lf1x, / c 7970 _ c, LA:../G / G797c ITEM NO. SERIAL NO. DESCRIPTION VALUE BAR CODE LABEL 1 Iusa947 f 25 Z.S701.. 7144-Q4-4 4 i cN SRN B[pryERNARDINOpp�I COUNTY III�IIIIISHERIFF 4 uJD HANG:.(, I�p. ND._�III IBONd. IIII 1011000385 2 C an_ . 38 sff?cz/t /jrn[._Ers SRN BERNRROINO COUNTY SHERIFF flV9 IVI�VI.IVII I�II��I a� III 1011000386 • . • REPORTING DEPUTY AND EMPLOYEE NO. DATE REVIEWED BY PROPERTY OFFICER AND EMPLOYEE N0. DATE 6, /.A7n16 / c7470 OIc°Ho 4$ 15.16141401 Rev.6104 d-f E --(S • %I /}g . \ 0 m ` ° m 1 . i• ( � } 03 - } - _ I } d 1 C ( § & ! / E ! \ } o 6 , ;Ig ! J1 7 ( _ d } k } wyw ! § , / 2 / ' ' ) 2 .� : § ` 2 . ° • . ! 7 $ / vr \ / \ / \ 7 � ( / — ` ) s_.), . / ƒ f / , $ ( . _ / f r ° / . / 2 § {) ' \ )/ » « \ ƒ \ )) ■ k } J / ` 2 } § ■ /x fk\ / // / ) � ¢ / ( - } (} § § �(@ a } - \ \th 0 j-kƒ £- L / 0 » / y § / § - \ / co } � / � [ ® \ � � � a t n § . q / � § (c . $ )c / , Q. I, ) i ) . / / ! « )& 2 / 7 § ` 2 6 = ` • Nj § g 0 08 § 20 R§BO n ` ( \ aƒ \ 1 - t 6 — — I — a 6 0 Q� \ ( — ! 1 § § 1 CA 1 2 § k_ ) ` § RW64J1J \ . \ ~« f / ( [0 NI , _ \ / \ § \ E \ 50 \ 2 § ■ ° § : , « § p. e p | / c45,D A § ( ( ; \ & } � \ `6 ? g K $ / B § § 2K ) \ § § § E ' 2 ) � 6 - ! k - III I fart_r-Q/ • SHERIFF'S DEPARTMENT•COUNTY OF SAN BERNAR DINO,CALIFORNIA 1.CASE NUMBER-STATION COMPLAINT-DISPOSITION REPORT - PROPERTY RELEASE 111000307 2.CODE SECTION 3.CRIME DEFINITION 4.CLASSIFICATION • PC 245(A)(1) ASSAULT WITH DEADLY WEAPON FELONY ✓ 5.VICTIM NAME/OTHER LAST.FIRST,MIDDLE(FIRM NAME IF BUSINESS) 6, ADDRESS:STREET,CITY,ZIP ❑RESIDENCE ❑BUSINESS T.PHONE NUMBER c STATE OF CALIFORNIA B.SUSPECT NAME-1:LAST,FIRST.MIDDLE 9.RACE/SEX 1D.AGE 11.HEIGHT 12.WEIGHT 13,HAIR 14.EYES 15.DOB $ H/M 21 510" 195 BLK BRO 01/21/1988 U 16.RESIDENCE ADDRESS,STREET.CITY.ZIP 117.CLOTHING 6 OTHER IDENTIFYING MARKS/CHARACTERISTICS P 1004 DEODAR ST APT 6, ONTARIO, CA 91764 . E 18.SUSPECT NAME:LAST.FIRST,MIDDLE IR.RACE SEX 20.AGE 21.HEIGHT 22.WEIGHT 23.HAIR 24.EYES 25.DOB T eiagiSere H/F 21 502" 125 BLK BRO 11/15/1988 S 26.RESIDENCE ADDRESS.STREET,CITY.ZIP 27.CL DTHINGLOTHER IDENTIFYING MARKS/CHARACTERISTICS 28.ADD'L NAMES 9761 BIXBY AVE G, GARDEN GROVE, CA 92841 ©YES 29.ROBBERY WEAPON: 0 FIREARM ❑OTHER DANGEROUS WEAPON LOCATION:❑HIGHWAY ❑OTHER BUSINESS _JSERV.STATION ❑CUTTING INSTRUMENT ❑STRONG ARM ❑CONVENIENCE STORE ❑RESIDENCE ❑BANK ❑MISC. C 30.ASSAULTS WEAPON: 0 FIREARM ❑ KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET ❑SIMPLE/NO INJURY - R 31.BURGLARY 0 NIGHT ❑DAY I ❑FORCIBLE ENTRY ❑ENTRY-NO FORCE ❑RESIDENCE ❑VEHICLE I ❑UNKNOWN ❑ATTEMPT BY FORCE ❑NON-RESIDENCE(BUILDING) E 32.LARCENY ❑PICKPOCET ❑ SHOPLIFT ❑MOTOR VEHICLE PARTS ❑FROM BLDG:NOT SHOPLIFT OR MACHINES ❑PURSE-SNATCH ❑ FROM MOTOR VEHICLE 0 BICYCLES ❑FROM COIN-OPERATED MACHINES ❑ALL OTHERS 33.PROPERTY RECOVERED RECOVERED RECOVERED S TYPES T AND CURRENCE,NOTES 3 TV.STEREO,ETC 3 CONSUMABLE GOODS 3 A JEWELRY . .$ FIRE T VALUES - FIREARMS 3 LIVESTOCK.. S S CLOTHING.FURS S HOUSEHOLD 000DS.. S OTHER MISC . S • OFFICE EQUIP.............. E 0 NCIC ENTRY COMPLETED TOTAL PROPERTY RECOVERED 3 34. ARSON TYPES PROPERTY VALUE PROPERTY VALUE PROPERTY VALUE A R AND SINGLE RESIDENCE.......E_ INDUSTRIAUM NUF... $ OTHER STRUCTURES E $ VALUES OTHER RESIDENCE.......S OTHER COMMERCIAL $ MOTOR VEHICLE $ N STORAGE E POBUC BUILDINGS $ OTHER MOBILE E ❑INHABITED BUILDING ❑UNINHABITED/ABANDONED BUILDING TOTAL LOST S • 0 35.PEACE OFFICER ❑ ASSAULTED ❑KILLED BY FELONIOUS ACT ❑KILLED BY ACCIDENT/NEGLIGENCE INJURIES:❑YES ❑NO C WEAPONS: ❑ FIREARM ❑KNIFE/CUTTING INSTRUMENT ❑ OTHER DANGEROUS WEAPON ❑HANDS AND FEET R ASSIGNMENT: ❑2-MAN VEHICLE ❑1-MAN VEHICLE ❑DET/SPEC A ❑ALONE ❑ASSISTED ❑OTHER VEHICLE L TYPE OF ACTIVITY: ❑ DISTURBANCE ❑BURGLARY ❑ ROBBERY ❑OTHER ARRESTS ❑CIVIL DISORDERS ❑HANDLING PRISONERS T ❑ SUSPICIOUS PERSON/CIRCST. ❑ AMBUSH ❑MENTALLY DISTURBED ❑TRAFFIC STOPS CALL OTHERS 36.COMPLAINT INFORMATION 37.DATE 38.DEPUTY DISTRICT ATTORNEY 39.CHARGES FILED 0 CASE REVIEWED AND COMPLAINT FILED ❑COMPLAINT REJECTED-SEE REJECTION SLIP C 40.VTCTILW/ITNESS RECONTACTED 41.DATE 0 ❑VICTIM(S) ❑CASE REVIEWED MID FOUND TO BE COMPLETE,LETTER SENT M ❑WITNESSIES) ❑NO NEW LEADS,INFORMATION,OR SUSPECTS IDENTIFIED P ❑NEIGHBORHOOD/AREA CHECKED ❑VICTIM ADVISED THAT PROSECUTION NO LONGER DESIRED L A 42.COMMENTS rr CASE FORWARD TO THE DISTRICT ATTORNEY FOR COMPLAINT. T C- /OOi39-/221/ COMMENTS P R 0 P CERTIFICATION:I,THE UNDERSIGNED,DO HEREBY CERTIFY THAT I AM THE SIGNATURE DATE LEGAL OWNER AND ENTITLED TO TAKE POSSESSION OF SAID PROPERTY. R E DRIVERS LICENSE NUMBER MISCELLANEOUS -` L D 43.DISPOSITION❑NO ADDITIONAL LEADS 0CASE UNFOUNDED ❑CASE CLEARED BY EXEPTIONAL MEANS ©CASE CLEARED BY ARREST ❑PROPERTY RELEASED I S 44.REPORTING OFFICER 45.EMPLOYEE NO. 48.DATE 47.REVIEWED BY DATE • 0 G LAING C7870 01/09/2010 160167-40I Rev.WM (CRS) DISTRIBUTION: Original Records Copy-Shlgn Firs • L n10 •10411603-40'•Re%seB 6/82 (CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER CRIME CODE SHERIFFS DEPARTMENT CM F PC 261 - Rape 110914312 COUNTY OF SAN BERNARDINO.CA Q M UNIFORM CRIME REPORT 0 OTHER 4.ASSIGNED MONTH-DAY-YEAR-TIME 5.ARRIVED MONTH-DAY-YEAR-TIME 6.BEAT 7.REPORTING DISTRICT 11260910202 112609/0202 3 RC 018 OCCURRED DAY OF WEE):-MONTH-DAY-YEAR-T03600 IME 5.REPORTED MONTH-DAY-YEAR-TIME 10.LOCATION OF OCCURRENCE CITY Wed 112509 0200 112609/0116 Foothill Blvd and Aspen, RC CODES FOR BOXES 12&22 ARE: V=VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME 10-INVOLVED PARTY 0-01 HER ✓ 11.NAME:LAST.FIRST MIDDLE(FIRM IF A BUSINESS) 12.CODE 1a.RESIDENCE ADDRESS.STREET CITY-ZIP 14 RESIDENCE PHONE I Victim#1 C T 15.OCCUPATION 16 RACE/SEX 17.AGE 18.DOB 19.BUSINESS ADDRESS-STREET.CRY-21P 2U.BUSINESS PHONE I M W 71.NAME IASI,FIRST.MIDDLE(FIRM IF A BUSINESS) 22.CODE 23.RESIDENCE ADDRESS STREE1-CITY-ZIP 7.1.RESIDENCE PHONE I T N E 25 OCCIIPAI ION a,RACE/SEA 27,AGE 28.DUB 29 BUSINESS ADDRESSSI'REE7.CRY-ZIP 3U.BUSINESS PHONE S S 31.SUSPECT 41 NAME:LAST,FIRST,MIDDLE 32.RACE/SEX 33.AGE 34.111. 35.W1. 36.HAIR 37.EYES 36.DOB 39.ARRESTED 40.INTERVIEWED 0 YES 0 NO 0 YES 0 NO S u 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S • P E 43.SUSPECT V2 NAME:LAST,FIRST,MIDDLE 44.RACE/SEX 45.AGE 44.H7. 47.WT. T 48.HAIR 4g.EYES 50.DOB 51.ARRESTED 52.INTERVIEWED C T 0 YES 0 NO 0 YES Q NO S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS . ,,fir T ESE MOINON0lita.lES 0NCEDNTINDA TI2N�.2H'+4,''�R2551314 T'w�k 7," ," �+'d�`i"-BB` '' + �D$ �BOi6Rmtgagg j TRAY MPT4 i`'IERRIMgratic STY1 + •i34M. , z . ilFE i,-...r - axa....... .wywren.uv�wt4+.c;;Vr y -.q' S"c-'3.-.3l!'r' :.{.. .iq:fil/FF':1. N 57 fiP..RV.9iO4t�bVlB9NG�eRBG4VE_RED77'z.'+� 169 Q'A�T 7�7NIiB"rI�231O4t�76P�MIBm•�••••+�,'ySSa,, I R 1.`2BGf1i ftictl f4 �a�+"- t3�-:rs5tfii�• t AV'$H12LEl§ dBPYR'77SL' 7�zfa.tt+. $Grla 4'� Y t : ' yi�I!,v`,aW�'a d jr+ Srt�4„ f :,%,. , R E.E. ,• I r plume, i.�aK` 4.z V#N,7 tt`T'„ii .•-lig t,4,s-'P*LV"'7.4,F,-.i :t,as#k.. aFrS at a.44: rtM YI•rl(c, f"y1 +u ,'I' .. Yx. !;u.,. 89.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS LOCATION: '0 HIGHWAY 0 OTHER BUSINESS 0 RESIDENCE - STRONG ARM 0 CUTTING INSTRUMENT 0 S 0 CONVENIENCE STORE 0 SERVICE STATION 0 BANK 0 MISC. 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY C R 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ATTEMPTED FORCIBLE ENTRY I 0 RESIDENTIAL 0 NON-RESIDENTIAL 0 UNKNOWN 0 NO FORCIBLE ENTRY 0 VEHICLE (BUILDING) I M' T2.LARCENY 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BUILDING-NOT SHOPLIFT OR MACHINES 0 ALL OTHERS E 0 PURSE-SNATCH •0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES • S 73.PROPERTY STOLEN STOLEN STOLEN T CURRENCY,NOTES S TV,STEREO,ETC. S CONSUMABLE GOODS S A TYPES JEWELRY S FIREARMS S LIVESTOCK $ e CLOTHING,FURS S . HOUSEHOLD GOODS $ OTHER MISC. S T VALUES OFFICE EQUIPMENT $ TOTAL 50.00 S • O IDENTIFIABLE PROPERTY TAKEN 0 ENTERED INTO NCIC 74.DOMESTIC VIOLENCE: INJURIES? 0 NONE '0 MINOR 0 MAJOR WEAPONS? 0 YES 0 ND 75.PEACE OFFICER ASSAULTED OR ARSON? Q YES IF YES.COMPLETE BOXES 1.2,3,4 AND 34 OR 35 ON CR-FORM) 76.SYNOPSIS The victim and the male are co-workers. A group of co-workers went to Loco Cantina for drinks.The victim starts the male and her were extremely intoxicated when they left Loco Cantina. The male agreed to drive victim home, while driving home he male pulled over to S vomit.As they continued home the victim had to urinate.The male parked in a parking lot so she could urinate. Y When the victim returned to the vehicle the male pinned her against the vehicle and tried to kiss her,she refused to kiss the male. N D They got into the vehicle and the male got on top of the victim,he covered the victim's mouth,pulled down her pants and forced his penis I-. . into her vagina. 6 I When the penis slipped out the victim was able to push the male off her. The male took the victim to an area where her friend lived and S she walked to her friend's house. The victim does not desire prosecution at this time. .REPORTING OFFICER 76.EMPLOYEE V 79.DATE 80.REVIEWED BY DATE 81.ROUTING INFORMATION McFarland B4263 112609 0 IMMEDIATE TO F ❑OTHER'. 0 MMEDIATE FOO LLOW UP 82.IS REPORTING OFFICER PC 115 QUALIFIED? ®YES 0 NO 183.GANG RELATED? 0 YES S NO Z- �� ARS RMS if SCAN_ 0 a g • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914312 CALIFORNIA REPORT AREA CA 03600 Page 1 • CODE SECTION CRIME CLASSIFICATION PC 261 RAPE FELONY VICTIM'S NAME-LAS7 NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) . CONFIDENTIAL ADDRESS RESIDENCE PHONE ASSIGNMENT/ARRIVAL: . I was assigned to uniformed patrol in the city of Rancho Cucamonga as 11 P13 from 2100 hours on 11/25/09 to 0700 hours on 11/26/09. At approximately 0202 hours, I was dispatched to a rape call at the Rancho Cucamonga station. I arrived on scene and made contact with the victim. SCENE OF THE INCIDENT: The victim said the incident occurred in a parking lot located on Foothill Boulevard and Aspen.Avenue near the Verizon store. VICTIM INTERVIEW: • j I spoke with at the Rancho Cucamonga station and the following is a summary of her statement. said she's knownlaiMINS for approximately three years. She said they work together and they used to be very close friends.∎ said they stopped talking in July of 2009 because■ tried to be romantically involved with her. She said they only speak now if it pertains to work. SI said they've never had a romantic relationship and he was never her boyfriend. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Y.MCFARLAND-#B4263 12/02/09 GM-B7568 RTHER ACTION: COPIES TO: - REMARKS ❑ Other ❑ SD/PD •❑ YES ❑ NO ❑ Detective ❑ co ❑ Other • 15.15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • CASE NO, • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914312 CALIFORNIA REPORT AREA CA 03600 Page 2 CODE SECTION CRIME CLASSIFICATION PC 261 RAPE FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) CONFIDENTIAL ADDRESS RESIDENCE PHONE VICTIM INTERVIEW (CONTINUED): i said on 11/24/09 between the hours of 2200 and 2300, a group of co-workers, including_, went to Friday's in the city of Ontario. There were approximately five people in the group. She said between 2330 hours and midnight, everyone began to leave. She invited everyone to go the Loco Cantina in Rancho Cucamonga. She said she picked up a friend and then drove to the Loco Cantina. She arrived at the business between midnight and 0015 hours. The group stayed at the bar until closing time, which was at about 0140 hours to 0145 hours. S. said she was extremely intoxicated when she left the location. She invited the group of people that were at the Loco Cantina (approximately eight people), to her ce. She said11111111111.11 didn't know where she lived so she got in his car and told she would show him how to get to her house. said her friend was going to drive her vehicle back to her house for her. house is located on Lemon Avenue and Haven Avenue. On the way tone residence, SO andj stopped at a field located on Foothill Boulevard and Milliken Avenue sow could vomit.Ssaid he vomited for approximately fifteen to twenty minutes and then got back into the vehicle. She told him she had to urinate and they went to a parking lot off of Foothill Boulevard and Aspen Avenue. She urinated by a bench between the Verizon store and the old Macaroni Grill building. When she returned to the vehicle,S was outside the vehicle drinking a beer. He pinned her against the passenger side of the vehicle. They were face to face ands tried to kiss her. Mit refused and they got into the car. j was in the passenger's side seat an' was in the driver's side seat. She said her phone died but she managed to turn it back on and send a text to her friend saying "Help". wasn't sure if the message went through because her phone died shortly after. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Y.MCFARLAND-#84263 12/02/09 GM-B7568 ATHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • CASE NO SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 110914312 CALIFORNIA REPORT AREA CA 03600 Page 3 • CODE SECTION CRIME CLASSIFICATION PC 261 RAPE FELONY VICTIM'S NAME- LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IE BUSINESS) CONFIDENTIAL ADDRESS RESIDENCE PHONE VICTIM INTERVIEW (CONTINUED): an climbed over to the passenger's side seat arid placed his left leg in between her legs. She said there was only a hand brake in between them and not a center console. He placed his left forearm against her lower neck upper chest area and his • right hand over her mouth and nose. NIS said she tried to open the door and push him off but the weight of his leg in between her legs caused her right hand to be pinned against the door by her right leg. She said she told him to stop and he told her, "Tell me how much you like it. You want it, say my name."— said she attempted to push him off, told him to stop and felt like she couldn't breathe. Throughout the incident,J0 had his hand over mouth and nose area. ,fie used his left hand to unbuckle her pants. The belt was a standard belt with a piece • of metal through a hole. She said her pants were not buttoned and her zipper was halfway down. He was able to pull her pants and her underwear down at the same time. He pulled her pants down a little lower on the left side than on the right side. I ham show me with her hands approximately how far down her pants were. She said the right side was approximately'two inches below her vagina and the left side was approximately four inches below her vagina. �O saicailis penis was erect and the seat was reclined approximately halfway back. The seat was in this position when she got into the car and she had not adjusted it because she was comfortable. As tried to get SG off of her she pushed his penis and felt a condom on it. She said his penis was erect and she wasn't sure when he put the condom on. [ was able to get his penis inside of her and thrusted approximately two to three times before his penis slipped out. S then yelled, 'What are you doing? Get the fuck off me!" She said looked confused. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE V.MCFARLAND-#B4263 12/02/09 GM-57568 3THER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD • ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184401 Rev. 1/83 ❑ Dist.Atty. El Petrol r D- CASE NO. • ' SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914312 CALIFORNIA REPORT AREA CA 03600 Page 4 SECTION CRIME CLASSIFICATION PC 261 RAPE FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) I CONFIDENTIAL ADDRESS RESIDENCE PHONE VICTIM INTERVIEW (CONTINUED): rolled over onto his seat and she heard him zip up his pants. She did not see him and is not sure if he removed the condom. a0 then said, "I'm sorry, • where am I taking you?" Ma told him to take her to her friend's house because she was scared to tell him where she lived. She didn't want him to know where her friend's house was either so she told him to drop her off on the corner of Carnelian Avenue and Banyan Street. SS walked to her friend's house and her friend's father was upset because she arrived there at approximately 0300 hours. IMIID called her friends and picked her up at an unknown time and took her home. 0 noticed there were people there. Me took a shower and then told —,S 1, Shand 1111MW about what happened. 11/26/09 at approximately 0730 hours send a text message asking if she was ok.11110.10 no longer had the text and said she didn't text him back. She said she didn't see him.at work because he had the day off. VEHICLE: - Said the vehicle they were in was a red Hyundai hatchback. She was unable to provide me with any additional information. VICTIM INJURIES: The victim had a small bruise on her right forearm approximately one inch long. She said she was sore within a two inch area on her left outer thigh. She thinks this was from hitting the emergency brake. She had a small rip on the left inner thigh area of her pants. She had another rip on the right inner thigh area of her pants. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Y. MCFARLAND-#B4263 12/02/09 GM-B7568 ITHER ACTION: '. REMARKS COPIES TO ❑ Other El SD/PD ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.Ally. ❑ Petrol CASE NO. • - SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914312 CALIFORNIA REPORT AREA CA 03600 Page 5 • CODE SECTION CRIME CLASSIFICATION PC 261 RAPE FELONY VICTIM'S NAME.LAST NAME FIRS1 NAME MIDDLE NAME (FIRM NAME IF BUSINESS) CONFIDENTIAL ADDRESS RESIDENCE PHONE INVOLVED PARTY INFORMATION: a told me she didn't want me to contacts. Si will not be listed as a suspect without first getting his statement. COLLECTION OF EVIDENCE: I took photographs of neck, arm and pants. The photographs were placed into the DIMS system at the Rancho Cucamonga station. I escorted4-to the San Antonio Community Hdspital to get a sex kit completed. The paperwork and the kit • were placed into evidence at the Rancho Cucamonga station. usel signed an authorization for use and disclosure of protected information, a health information form and a confidentiality request. DISPOSITION: Case to date. Station file only. Forward to Detectives and to Deputy Clark for review. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Y.MCFARLAND-#134263 12/02/09 GM-B7568 URTHER ACTION: • COPIES TO: ❑ Other ❑ SD/PD REMARKS ❑YES ❑ NO ❑ Detective ❑ CII ❑ Other • 1 5-1 51 8 44 01 Rev. 1/83 El Dist.Atty. El Patrol • ' - 15.1E603-401 Revised 8/92 (CR1) I.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER CRIME CODE • SHERIFFS DEPARTMENT O F RC MC 5.12.150 VIOLATION OF ENTERTAINMENT 110914804 COUNTY OF SAN BERNARDINO.CA ®M PERMIT UNIFORM CRIME REPORT 0 OTHER • 03600 4.ASSIGNED MONTH-DAY-YEAR•TIME 5.ARRNEDARONTH-0AY-YEAR-TIME 6.BEAT 7.REPORTING DISTRICT !0128109.11130109 2100-0200 10!28/09-11/30/09 2100-0200 4 RC 074 B.OCCURRED DAY OF WEEK-MONTH-DAY-YEAR-TIME 9.REPORTED MONTH-DAY-YEAR-TIME 10.LOCATION OF OCCURRENCE CITY 10/29109-11/30109 2100-0200 10128109-11/30109 2100-0200 11815 FOOTHILL BLVD.RANCHO CUCAMONGA CODES FOR BOXES 12 822 ARE: V•VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME IP=INVOLVED PARTY 0=OTHER V 11.NAME:LAST,FIRST MIDDLE(FIRM IF A BUSINESS) 12.CODE 13 RESIDENCE ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE I CITY OF RANCHO CUCAMONGA V C T 15 OCCUPATION I6.RACE/SEX 17.AGE 18.DOB 19.BUSINESS ADDRESS-STREET-CITY-ZIP 20.BUSINESS PHONE I M VV 21.NAME:LAST,FIRST,MIDDLE(FIRM IF A BUSINESS) 22.CODE 23 RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE 1 T N E 25.OCCUPATION 26.RACE/SEX 27.AGE 26.DOB ' 29 BUSINESS ADDRESS-STREET-CITY-ZIP 30.BUSINESS PHONE S S 31.SUSPECT 4I NAME:LAST.FIRST,MIDDLE 32.RACE/SEX 33.AGE ,' 34.Hi'. 35.WT. 36.HAIR 37.EYES 36.DOB 39.ARRESTED 40.INTERVIEWED LOCO CANTINA BAR&GRILL ❑YES 0 NO O YES O NO S U 41.RESIDENCE ADDRESSSTREET-CITY-ZIP 42,CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S 11815 FOOTHILL BLVD.RANCHO CUCAMONGA P E 43.SUSPECT 42 NAME:LAST,FIRST,MIDDLE 44.RACE/SEX 45.AGE 48.HT. 47.WT. 48.HAIR 49.EYES 50.DOB 51.ARRESTED 52.INTERVIEWED C T 0 YES 0 NO 0 YES 0 NO S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 55.ADDITIONAL NAMES IN CONTINUATION? 0 YES 0 NO 56 ADDITIONAL INFORMATION FROM: ❑VICTIM 0 WITNESS 0 OFFICER 0 OTHER I 57.PHYSICAL EVIDENCE RECOVERED? 0 YES 0 NO 58.PHOTOGRAPHS TAKEN? 0 YES 0 NO 59.LATENT PRINTS LIFTED? DYES ONO N 60 VEHICLE 61.COLOR 62.YEAR 63.MAKE 64.MODEL 65.BODY 68.LICENSE NUMBER 67.STATE 68.DAMAGE/ODDITY/ACCESSORIES •V 0 VICTIM El SUSPECT 69.ROBBERY WEAPON: 0 FIREARM ❑OTHER DANGEROUS LOCATION: 0 HIGHWAY ❑OTHER BUSINESS 0 RESIDENCE 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE ❑SERVICE STATION 0 BANK 0 MISC. 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY C 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ATTEMPTED FORCIBLE ENTRY 0 RESIDENTIAL 0 NON.RESIDENTIAL R 71.BURGLARY 0 UNKNOWN ❑ND FORCIBLE ENTRY C VEHICLE (BUILDING) I M 72.LARCENY 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BUILDING•NOT SHOPLIFT OR MACHINES 0 ALL OTHERS E 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES ❑FROM COIN OPERATED MACHINES s 73.PROPERTY STOLEN STOLEN STOLEN T CURRENCY,NOTES 5 TV.STEREO,ETC. S CONSUMABLE GOODS 5 TYPES JEWELRY S FIREARMS S LIVESTOCK S A e CLOTHING,FURS S HOUSEHOLD GOODS S OTHER MISC f T VALUES OFFICE EQUIPMENT S TOTAL $0.00 S ❑IDENTIFIABLE PROPERTY TAKEN 0 ENTERED INTO NCIC 74 DOMESTIC VIOLENCE: INJURIES? 0 NONE 0 MINOR 0 MAJOR WEAPONS? 0 YES 0 NO 75.PEACE OFFICER ASSAULTED OR ARSON? 0 YES (IF YES,COMPLETE BOXES 1,2.3,4 AND 34 OR 35 ON CR-4 FORM) 76.SYNOPSIS On the avove dates, The Loco Cantina Bar 8 Grill was observed violating their city Issued entertainment permit(DRC2007-00284). This report is for documentation and station file only. S Y N 0 • P 5 $ 77.REPORTING OFFICER 76.EMPLOYEE 6 79.DATE SO REV 1E,W�/E,D BY DATE I.ROUTING INFORMATION ,,� � R.Wright W2800 120709 ' / ' 42/9/7 tiMMEDIA EFOLLOW UP "�OTHtiG • 82.IS REPORTING OFFICER PC 115 QUALIFIED? 0 YES 0 NO 7 f [Gar,g Case{ Yes J No J ARS_R1 c STA SCAN_ R t x-75 • CASE NUMBER • • SHERIFF'S DEPARTMENT 1110914804 County of San Bernardino California REPORTING AREA CA 03600 RC 059 • CODE SECTION CRIME CLASSIFICATION RC MC 5.12.150 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor VICTIMS NAME-LAST NAME,FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS State of California ADDRESS PHONE NUMBER ASSIGNMENT: On 11/27/09, Deputy Clark and I were assigned to work an A.B.C. enforcement program in the city of Rancho Cucamonga. Deputy Clark and I conducted approximately 40 hours of surveillance over a period of approximately 16 days between the dates of 10/29/09-11/30/09. The surveillance was conducted in the parking lot of 11815 Foothill Blvd. in the city of Rancho Cucamonga. Deputy Clark and I were driving an unmarked San Bernardino Sheriffs Department vehicle during the time of the surveillance. RESOLUTION NO. 08-69: • A resolution of the Planning Commission of the city of Rancho Cucamonga, Ca: modifying conditional use permit no. DRC2007-00283 to ensure Loco Cantina & Grill restaurant operates as a RESTAURANT with entertainment and the sales of distilled spirits as an INCIDENTAL use the primary restaurant operations. FOCUS OF SURVEILLANCE: • The Loco Cantina Bar & Grill was the focus of our surveillance while sitting in the parking lot of 11815 Foothill Blvd. The focus on the Loco Cantina & Grill was to determine weather or not allegations of violations of the city conditional use permit and/or entertainment permit were present. SURVEILLANCE DOCUMENTATION: The following information is a summary of the documented violations in reference to the Loco Cantina & Grill's conditional use permit and entertainment permit. All violations were observed in direct view of the deputies or by using high powered binoculars. ENTERTAINMENT IN OUTDOOR AREA: Deputy Clark and I observed multiple patrons, on a regular basis dancing between the tables in the outdoor patio area. We were able to hear the music from the Loco Cantina in the far west area of the parking lot. On multiple occasions we could hear the music from the Loco Cantina as far away as the intersection of Masi Dr. and Foothill Blvd. REPORTING OFFICER EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE R. WRIGHT W2800 120709 FURTHER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: X YES ❑NO ❑ Detectives ❑ CII 15-15104-401 Revised 193(CR2) ❑ District Attorney ❑ Patrol • • CASE NUMBER • SHERIFF'S DEPARTMENT 1110914804 County of San Bernardino California REPORTING AREA • CA 03600 RC 059 CODE SECTION CRIME CLASSIFICATION RC MC 5.12.150 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor VICTIM'S NAME-LAST NAME.FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS State of California ADDRESS PHONE NUMBER UNIFORMED SECURITY: The C.U.P states the Loco Cantina & Grill shall provide a uniformed security during the times of entertainment. All security personnel shall dress in a conspicuous SECURITY UNIFORM displaying at all times a BADGE and SHOULDER PATCHES and shall be licensed by a private, reputable security company. During the dates listed above Deputy Clark and I never observed, at any time a uniform security on the premises or in the parking lot of the Loco Cantina & Grill. The only security observed was the Masi Plaza security officer who drives around the entire Masi Plaza parking lot, Due to the fact there were no UNIFORMED SECURITY present during hours of entertainment, Patron were not being monitored outside of the location or in the parking lot area the Loco Cantina & Grill. On a regular basis patrons were walking outside and urinating in the parking let then walking back in to the establishment. On a nightly basis patrons were • observed drinking alcohol and smoking what appeared to be marijuana in the parking lot of the Loco Cantina & Grill then entering the establishment. On one occasion Patrons were observed drinking bottles of beer while waiting in line to enter the Loco Cantina & Grill. On several occasions patrons coming out of the establishment were observed having sex inside their vehicle parked in the parking lot. One couple exited the establishment and started having sex in a vehicle near the front door while people were walking around their vehicle. Multiple fights were observed in the parking lot of the establishment. On one occasion one subject was knocked unconscious during a 10-15 person fight near the front door of the establishment. On several occasions the staff members of the Loco Cantina & Grill were observed engaging in verbal altercations outside of the location. On one occasion approximately 5-6 staff members followed two patrons east through the parking lot toward Rochester Ave. engaging in a verbal altercation with the two patrons. During the dates listed above, No staff member of the Loco Cantina & Grill call the police in reference to the assaults or disturbances we witnessed them observe or take part in. REPORTING OFFICER EMPLOYEE A DATE REVIEWED BY TYPED BY ROUTED BY DATE R. WRIGHT W2800 120709 FURTHER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: X YES ❑NO ❑ Detectives ❑ CII 05-15184-401 Revised 1/83(CR2) ❑ District Attorney ❑ Petrol • CASE NUMBER SHERIFF'S DEPARTMENT 1110914804 County of San Bernardino California REPORTING AREA CA 03600 • RC 059 CODE SECTION CRIME CLASSIFICATION RC MC 5.12.150 VIOLATION OF ENTERTAINMENT PERMIT • Misdemeanor VICTIM'S NAME•LAST NAME.FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS State of California ADDRESS • PHONE NUMBER ENTERTAINMENT INSIDE: On a nightly basis patrons were observed dancing on the dance floor and between the tables that were bolted to the ground. On the average Friday and/or Saturday night, the interior of the establishment was so crowded the patrons had to stand between the tables. On numerous • occasions patrons were still seen inside the establishment walking around and sifting at the bar after 2:00 am. On one occasion Deputy Clark and I walked into the Loco Cantina & Grill at approximately 2:30am while investigating a crime reference two of the establishment's patrons. We observed approximately 4 people sitting at the bar with several drinks sitting on the bar. One of the staff members told us the subjects sifting at the bar were all staff members. The subjects sitting at the bar were not dressed in the same attire as the working staff members nor were they helping the staff members clean. DISPOSITION: Documentation only • • • • REPORTING OFFICER I EMPLOYEE 0 DATE REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT I W2800 120709 FURTHER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS' X YES ❑NO ❑ Detectives ❑ CII 15-15184401 Revised 1183(CM ❑ District Attorney ❑ Patrol • )4- 1-71 • ' SHERIFFS DEPARTMENT-COUNTY OF SAN BERNARDINO,CALIFORNIA 1.CASE NUMBER • COMPLAINT DISPOSITION REPORT-PROPERTY RELEASE 110914804 2. CODE SECTION 3.CRIME DEFINITION 4.CLASSIFICATION RC MC 5.12.150 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor •V 5.VICTIM OR OTHER IP NAME:LAST,FIRST,MIDDLE 6.STREET ADDRESS,CITY,ZIP C RESIDENCE 0 BUSINESS 7.PHONE NUMBER C CITY OF RANCHO CUCAMONGA B.SUSPECT#1 NAME'LAST,FIRST.MIDDLE ' 9.RACE/SEX ID.AGE 11.HEIGHT 12 WEIGHT 13.HAIR 14.EYES 15 DOB $ LOCO CANTINA BAR&GRILL U 16.RESIDENCE ADDRESS:STREET,CITY,ZIP 17.CLOTHING 8 OTHER IDENTIFYING MARKSICHARACTERISTICS p• 11815 FOOTHILL BLVD.RANCHO CUCAMONGA E 18.SUSPECT 02 NAME:LAST,FIRST,MIDDLE 19.RACE/SEX 2D.AGE 21.HEIGHT 22.WEIGHT 23.HAIR 24.EYES 25.DOB C T S 26.RESIDENCE ADDRESS:STREET,CITY,ZIP 27.CLOTHING 8 OTHER IDENTIFYING MARKS/CHARACTERISTICS 25.ADDITIONAL NAMES IN CONTINUATION? ❑YES La NO ❑FIREARM ❑CUTTING INSTRUMENT ❑RESIDENCE ❑SERVICE STATION ❑OTHER BUSINESS 2B.ROBBERY WEAPON: LOCATION: ❑STRONG ARM 0 OTHER DANGEROUS ❑HIGHWAY ❑CONVENIENCE STORE ❑BANK ❑MISC. C 30.ASSAULTS WEAPON: ❑FIREARM ❑KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET ❑SIMPLE/NO INJURY R ❑NIGHT ❑DAY ❑FORCIBLE ENTRY 0 NO FORCIBLE ENTRY ❑RESIDENCE ❑VEHICLE I 31.BURGLARY M ❑UNKNOWN 0 ATTEMPTED FORCIBLE ENTRY ❑NON RESIDENTIAL(BUILDING) E ❑PICKPOCKET ❑SHOPLIFT ❑MOTOR VEHICLE PARTS ❑FROM BUILDING-NOT SHOPLIFT OR MACHINES 32.LARCENY $ ❑PURSE SNATCH ❑FROM MOTOR VEHICLE ❑BICYCLES ❑FROM COIN-OPERATED MACHINES ❑ALL OTHERS T RECOVERED RECOVERED RECOVERED T T 33.PROPERTY CURRENCY,NOTES $ TV,STEREO,ETC. f CONSUMABLE GOODS $ S TYPES JEWELRY $ FIREARMS $ LIVESTOCK $ AND VALUE CLOTHING,FURS $ HOUSEHOLD GOODS $ OTHER MISC. f OFFICE EQUIPMENT $ NCIC ENTRY COMPLETED ❑ TOTAL PROPERTY RECOVERED S 0.00 VALUE VALUE VALUE A 34.ARSON SINGLE RESIDENCE S INDUSTRIAL $ OTHER STRUCTURES S R S TYPES OTHER RESIDENCE 3 OTHER COMMERCIAL $ MOTORVEHICLE f o AND N VALUE STORAGE UNIT f PUBLIC BUILDINGS $ OTHER MOBILE $ MHAaITEO BUILDING❑ UNINHABITED/ABANDONED BUILDING❑ TOTAL VALUE LOST S 0,00 O 35.PEACE OFFICER: ❑ASSAULTED ❑KILLED SY FELONIOUS ACT ❑KILLED BY ACCIDENT/NEGLIGENCE INJURIES? ❑YES ❑NO F C WEAPONS'. ❑FIREARM ❑KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET R ASSIGNMENT: ❑1-MAN VEHICLE ❑2-MAN VEHICLE ❑DETECTIVE/SPECIALIZED ❑OTHER A 0 ALONE 0 ASSISTED S TYPE OF ACTIVITY: ❑DISTURBANCE ❑BURGLARY ❑ROBBERY ❑OTHER ARRESTS ❑CIVIL DISORDERS ❑HANDLING PRISONERS L ❑SUSPICIOUS PERSONS/CIRCUMSTANCES ❑AMBUSH ❑MENTALLY DISTURBED ❑TRAFFIC STOP O ALL OTHERS 7 36.COMPLAINT INFORMATION 37.DATE 38.DEPUTY DISTRICT ATTORNEY 39.CHARGES FILED ❑CASE REVIEWED AND COMPLAINT FILED ❑COMPLAINT REJECTED-SEE REJECTION SLIP C 40 VICTIMSAMTNESSES RE-CONTACTED 41.DATE O ❑VICTIM(SI ❑CASE REVIEWED AND FOUND TO BE COMPLETE,LETTER SENT M ❑WITNESS(ES) ❑NO NEW LEADS,INFORMATION,OR SUBJECTS IDENTIFIED P ❑NEIGHBORHOODIAREA CHECKED ❑VICTIM ADVISED THAT PROSECUTION IS NO LONGER DESIRED A A 42.COMMENTS/SYNOPSIS I Documentation only. N T P PROPERTY RELEASE COMMENTS R 0 P CERTIFICATION:I,THE UNDERSIGNED,DO HEREBY CERTIFY THAT I AM THE SIGNATURE DATE LEGAL OWNER AND ENTITLED TO TAKE POSSESSION OF SAID PROPERTY. R DRIVERS LICENSE NUMBER MISCELLANEOUS E L - O 43 DISPOSITION: ❑NO ADDITIONAL LEADS❑CASE UNFOUNDED❑CASE CLEARED BY EXCEPTIONAL MEANS❑CASE CLEARED BY ARREST❑PROPERTY RELEASED I $ 44.REPORTING OFFICER 45.EMPLOYEE NUMBER 46 DATE 47.REVIEWED BY DATE P R.Wright W2800 120709 • 3867401 Revised 9194 (CR4) Police Inc##RC093410071 Page 1 of I Detailed History for Police Inc# #RC093410071 As of 12/14/2009 13:53:48 Output for: 117068 • Priority:4 Type:INC-MISC INCIDENT Location:RANCHO STATION,RCC at 10510 CIVIC CENTER DR,RCC LocCross:btwn HAVEN AVE and UTICA AVE Map:603 2B Created: 112/07/2009 08:30:30 ECO7 112789 Entered: 12/07/2009 08:30:301 ECO7 112789 Dispatch: 12/07/2009 08:30:30 ECO7 112789 Enroute: 12/07/2009 08:30:30 ECO7 112789 Onscene: 12/07/2009 08:30:30 ECO7 112789 Closed: 12/07/2009 08:30:45 ECO7 112789 IC: PrimeUnit:11 W 1 Dispo:RTF Type:INC-MISC INCIDENT Jur:RC Group:RC Squad Area:RC3 RptDist:RC018 Case#:RCR0914804 ❑Detail 08:30:30 CREATE Location:RANCHO STATION,RCC Type:INC Group:RC RD:RC018 TypeDesc:MISC INCIDENT LocDesc:at 10510 CIVIC CENTER DR,RCC LocCross:btwn HAVEN AVE and UTICA AVE Priority:4 Response:1PAT Jur:RC Beat:RC3 Map:603 2B LocType:C 08:30:30 ENTRY 08:30:30 DISPOS 11W I Location:RANCHO STATION,RCC Operator:W2800 OperNames:WRIGHT,RONALD,RC 08:30:30-PRIU I I WI • 08:30:30-PREMIS Text:OCC,PPR 08:30:40 CHANGE 1 I W 1 Type:INC-->INC CAS:0440 08:30:40 CASE II W I Case#:RCR0914804 08:30:45 CLEAR 1 I W 1 Dispo:RTF DispoLeve1:10 08:30:45-CLEAR 08:30:45 CLOSE • https://170.164.167.228/PRD7/Html/SystemDoc kriptface.aspx?_CMD=CHQ&QQ... 12/14/2009 • • SHERIFF'S DEPARTMENT-COUNTY OF SAN BERNARDINO,CALIFORNIA 1.CASE NUMBER COMPLAINT DISPOSITION REPORT-PROPERTY RELEASE 110914804 2. CODE SECTION 3.CRIME DEFINITION 4,CLASSIFICATION RC MC 6.12.160 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor 1• V 5.NCTIM OR OTHER I/P NAME:UST,FIRST,MIDDLE 6.STREET ADDRESS,CITY.ZIP 0 RESIDENCE 0 BUSINESS 7.PHONE NUMBER CITY OF RANCHO CUCAMONGA 5.SUSPECT Al NAME:LAST,FIRST,MIDDLE ' 9.RACE/SEX 10.AGE 11.HEIGHT 12 WEIGHT 13.HAIR 14.EYES 15.DOB S LOCO CANTINA BAR 8 GRILL U 16,RESIDENCE ADDRESS:STREET,CRY.LP 17.CLOTHING d OTHER IDENTIFYING MARKS/CHARACTERISTICS S p 11815 FOOTHILL BLVD.RANCHO CUCAMONGA E 18.SUSPECT Y2 NAME:UST,FIRST,MIDDLE 1B,RACE/SE% 20.AGE 21.HEIGHT 22 WEIGHT 23.HAIR 24.EYES 25.DOB C T S 26.RESIDENCE ADDRESS:STREET,CITY,ZIP 27.CLOTHING 801 HER IDENTIFYING MARKS/CHARACTERISTICS 28,ADDITIONAL NAMES IN CONTINUATION? ❑YES®NO ❑FIREARM ❑CUTTING INSTRUMENT 0 RESIDENCE 0 SERVICE STATION 0 OTHER BUSINESS 29.ROBBERY WEAPON: LOCATION: 0 STRONG ARM 0 OTHER DANGEROUS 0 HIGHWAY 0 CONVENIENCE STORE 0 BANK 0 MISC. C 30.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY R 0 NIGHT 0 OAY 0 FORCIBLE ENTRY 0 NO FORCIBLE ENTRY 0 RESIDENCE 0 VEHICLE I 31.BURGLARY M 0 UNKNOWN 0 ATTEMPTED FORCIBLE ENTRY 0 NON RESIDENTIAL(BUILDING) E 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BUILDING•NOT SHOPLIFT OR MACHINES 32.LARCENY S 0 PURSE SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL OTHERS T RECOVERED RECOVERED RECOVERED T T 33.PROPERTY CURRENCY,NOTES f TV.STEREO.ETC. $ CONSUMABLE GOODS $ S TYPES JEWELRY $ FIREARMS $ LIVESTOCK r AND CLOTHING,FURS S HOUSEHOLD GOODS $ OTHER MISC. $ VALUE OFFICE EQUIPMENT $ NCIC ENTRY COMPLETED ❑ TOTAL PROPERTY RECOVERED 50.00 VALUE VALUE VALUE R34,ARSON SINGLE RESIDENCE $ INDUSTRIAL $ OTHER STRUCTURES 5 S TYPES OTHER RESIDENCE $ OTHER COMMERCIAL $ MOTOR VEHICLE $ • •N D AND ALUE STORAGE UNIT $ PUBLIC BUILDINGS $ OTHER MOBILE $ V INHABITED BUILDING❑ UNINHABITED/ABANDONED BUILDING 0 TOTAL VALUE LOST $0.00 O 35.PEACE OFFICER: 0 ASSAULTED 0 KILLED BY FELONIOUS ACT Cl KILLED BY ACCIDENT/NEGLIGENCE INJURIES? 0 YES 0 NO F G WEAPONS: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET R ASSIGNMENT: 0 1•MAN VEHICLE 0 2-MAN VEHICLE 0 DETECTIVEJSPECIALIZED 0 OTHER A 0 ALONE 0 ASSISTED S TYPE OF ACTIVITY: 0 DISTURBANCE O BURGLARY O ROBBERY 0 OTHER ARRESTS 0 CIVIL DISORDERS 0 HANDLING PRISONERS L 0 SUSPICIOUS PERSONS/CIRCUMSTANCES 0 AMBUSH 0 MENTALLY DISTURBED 0 TRAFFIC STOP 0 ALL OTHERS T 36.COMPLAINT INFORMATION 37.DATE 38.DEPUTY DISTRICT ATTORNEY 39.CHARGES FILED 0 CASE REVIEWED AND COMPLAINT FILED 0 COMPLAINT REJECTED-SEE REJECTION SLIP C 40.VICTIMS/WITNESSES RE-CONTACTED 41.DATE D 0 VICTIM(5) 0 CASE REVIEWED AND FOUND TO BE COMPLETE,LETTER SENT M O WITNESS(ES) O NO NEW LEADS,INFORMATION.OR SUBJECTS IDENTIFIED P 0 NEIGHBORHOOD/AREA CHECKED 0 VICTIM ADVISED THAT PROSECUTION IS NO LONGER DESIRED L A 42.COMMENTS/SYNOPSIS I Documentation only. • N T PROPERTY RELEASE COMMENTS P R 0 P CERTIFICATION:I,THE UNDERSIGNED,DO HEREBY CERTIFY THAT I AM THE SIGNATURE DATE LEGAL OWNER AND ENTITLED TO TAKE POSSESSION OF SAID PROPERTY. R DRIVER'S LICENSE NUMBER MISCELLANEOUS E L D 43.DISPOSITION: 0 NO ADDITIONAL LEADS 0 CASE UNFOUNDED 0 CASE CLEARED BY EXCEPTIONAL MEANS 0 CASE CLEARED BY ARREST 0 PROPERTY RELEASED I S M.REPORTING OFFICER 45.EMPLOYEE NUMBER 46,DATE 47.REVIEWED BY DATE P R.Wright W2800 120709 513867-401 Romeo 8/94 (CR4) -A /;-9614 T V CASE NUMBER • SHERIFF'S DEPARTMENT 1110914804 County of San Bernardino California REPORTING AREA CA 03600 RC 059 • CODE SECTION CRIME CLASSIFICATION RC MC 5.12.150 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor VICTIMS NAME-LAST NAME.FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS State of California ADDRESS PHONE NUMBER SUPPLEMENTAL REPORT ASSIGNMENT: On 11/27/09, Deputy Clark and I were assigned to work an A.B.C. enforcement program in the city of Rancho Cucamonga. Deputy Clark and I conducted approximately 40 hours of surveillance over a period of approximately 16 days between the dates of 10/29/09-11/30/09. The surveillance was conducted in the parking lot of 11815 Foothill Blvd. in the city of Rancho Cucamonga. Deputy Clark and I were driving an unmarked San Bernardino Sheriffs Department vehicle during the time of the surveillance. RESOLUTION NO. 08-69: A resolution of the Planning Commission of the city of Rancho Cucamonga, Ca: modifying conditional use permit no. DRC2007-00283 to ensure Loco Cantina & Grill restaurant operates as a RESTAURANT with entertainment and the sales of distilled spirits as an INCIDENTAL use the • primary restaurant operations. FOCUS OF SURVEILLANCE: The Loco Cantina Bar & Grill was the focus of our surveillance while sitting in the parking lot of 11815 Foothill Blvd. The focus on the Loco Cantina & Grill was to determine weather or not allegations of violations of the city conditional use permit and/or entertainment permit were present. SURVEILLANCE DOCUMENTATION: The following information is a summary of the documented violations in reference to the Loco Cantina & Grill's conditional use permit and entertainment permit. All violations were observed in direct view of the deputies or by using high powered binoculars. REPORTING OFFICER EMPLOYEE P DATE REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT W2800 120709 1,g /.2-1-07 FURTHER ACTION: COPIES TO: ❑SD/PD ❑ Other f REMARKS'. X YES ❑NO ❑ Detectives ❑ CII _ 15-15184-401 Revised 1183(CR2) ❑ Distiict Attorney ❑ Patrol • 1 - Prg� 14m . iA � ' y . • • CASE NUMBER • SHERIFF'S DEPARTMENT 1110914804 County of San Bernardino California REPORTING AREA • CA 03600 RC 059 CODE SECTION CRIME CLASSIFICATION RC MC 5.12.150 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor VICTIM'S NAME-LAST NAME,FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS State of California ADDRESS ` PHONE NUMBER • LOITERING: During the times and dates listed on the report Deputy Clark and I observed patrons loitering on the side walks and parking lot directly in front of the Loco Cantina & Grill. During the business hours patrons would walk out of Loco Cantina and loiter on the side walk in front of the establishment. After Loc Cantina & Grill closed for business at 0200 hours, the patrons from inside the location would loiter right outside the front doors of the establishment. On multiple occasions the staff was seen outside loitering in front of the location with the patrons. On any given Saturday or Sunday morning at approximately 0200-0230 hours we observed approximately 30-50 patrons from the Loco Cantina loitering just outside the front doors of the establishment. The fights we observed often took place during the times the patrons are loitering in front of the establishment. DISPOSITION: Documentation only • • • REPORTING OFFICER EMPLOYEE a DATE REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT W2800 120709 "ADZ-419 FURTHER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: • X YES ❑NO ❑ Detectives ❑ CII • -15191401 ReH1ed1e3(CR2) ❑ District Attorney ❑ Patrol pis g3 CASE N0. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914804 CALIFORNIA REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION RC • RCMC 5.12.150 Violation of CUP Misdemeanor VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) City of Rancho Cucamonga ADDRESS RESIDENCE PHONE Supplemental Report Assignment On 12/15/2009, I conducted an ABC inspection at Loco Cantina & Grill, 11815 Foothill BVLD #E. Under condition #4 of the Conditional Use Permit#DRC-2007-00283 issued to Loco Cantina & Grill, a uniformed security guard must be provided at the expense of the establishment on nights in which entertainment is conducted. Involved Party Interview During the inspection I spoke with the owner Jose Sambolin reference the security guard. Sambolin stated his establishment is currently contracted with Nefertiti Protective Services. Sambolin continued saying the security guard is present at the location every Thursday, Friday and Saturday nights during times of entertainment. The primary responsibility of the security guard is to monitor the interior and exterior of the restaurant. Sambolin recalled observing a guard present on the previous weekend nights, but did not specifically recall a name or basic descriptions of the guard. Sambolin was firm and repeated multiple times promising me there had been a guard presents in recent weeks'', Sambolin agreed to produce recent invoices from the security agency within 24 hours. Witness Contact I made contact with Sam Nefertiti, owner of Nefertiti Protective Services, located in San Bernardino. I explained to Nefertiti the conditions for the operation of Loco Cantina & Grill, and asked for recent statements verifying the contract. Nefertiti immediately recognized the establishment and stated the contact was terminated by the owner Jose Sambolin months ago. Nefertiti continued and said his guards constantly had problems while assigned to Loco Cantina & Grill. Due to restrictions of insurance, guards were not allowed to contact intoxicated individuals by themselves. The usual occurrence was the guard would be accompanied by and employee or bouncer of the establishment during the contact. The guards where constantly observing subjects in the parking-lot drinking alcohol, smoking illegal drugs, urinating and having sex in plain view. The guards would bring the actions to the attention of Loco Cantina Staff and would get any cooperation. The security was often told many of times when he observed and incident to "let it go". Nefertiti was not happy with these actions and had previously spoken to Sambolin reference the problems. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Clark B6735 01/21/2010 ntC FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Any. ❑ Patrol Tim ' CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914804 CALIFORNIA REPORT AREA CA 03600 Page 2 RC WDE SECTION CRIME CLASSIFICATION RCMC 5.12.150 Violation of CUP Misdemeanor VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) City of Rancho Cucamonga ADDRESS RESIDENCE PHONE Nefertiti was contacted by Jose Sambolin on or around August 20th, 2009 references the contract. Sambolin stated recent business had been slow and he was no longer in need of a security guard at the location. Nefertiti was aware of the cities conditions, and reminded Sambolin of this requirement. Samboline refused to continue the contract and asked for an immediate termination. Both parties eventually agreed on a termination date of September 15, 2009. Nefertiti provided me with a copy of the last billing statement for the contract. Involved Party Contact On December 16th, 2009 at approximately 1600 hrs, Deputy Wright and myself spoke to Sambolin in the restaurant. During our conversation Sambolin showed me an invoice dated September 15, 2009 for provided security of 09/01/09-09/15/09. Sambolin stated his billing cycle for the security was for a 60 day period of time and had not received any invoices for October or November. He had left the invoice for September 15, 2009 thru October 15, 2009 on his desk at his residence and wanted to fax •it to our station as soon as he returned home. Sambolin was provided with my personal voice mail number and the station fax number. I also offered to meet Sambolin at his restaurant or his residence at any time to retrieve those documents. Observations On December 18th 2009, a uniformed guard was present at Loco Cantina. I made contact with the guard at approximately 2350 hours. The guard wearing a dark blue uniform had what appeared to be duct tape across the patches and badge. The Spanish only speaking guard had no idea of his responsibilities while at the location. The guard informed me of the name of his company and the number to contact them. Involved Party Contact On January 20th 2010, I made contact with Danielle, secretary for Barry's Security Services Inc. Danielle provided a contract dated December 17th 2009 as the beginning date of security services. The original contact was to provide services Thursday, Friday, and Saturday from 2200-0200. Beginning the first of the year the contract was extended to Tuesday, Thursday, Friday, Saturday, and Sunday 2200-0200. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Clark B6735 01/2112010 ntc FURTHER ACTION: COPIES TO: ❑ Othe REMARKS Other ❑ SD/PD •YES ❑ NO ❑ Detective ❑ co ❑ Other ❑ Dist Atty. 15-15184-401 Rev. 1/83 . ❑ Patrol ��rBS CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914804 CALIFORNIA REPORT AREA CA 03600 Page 3 • RC CODE SECTION CRIME CLASSIFICATION RCMC 5.12.150 Violation of CUP Misdemeanor VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) City of Rancho Cucamonga ADDRESS - RESIDENCE PHONE Summary Loco Cantina is required by its Conditional Use Permit to provide a uniformed security guard at the establishment at all times entertainment is conducted. On September 09 2009, Loco Cantina had a review before the planning commission in which positive notes were expressed for their compliance. On September 14, 2009 the security contract was terminated with Nefertiti Protective Services by the owner Jose Sambolin. Shortly thereafter calls for service at the location and surrounding areas increased. On December 16th 2009, along with Deputy Wright an ABC compliance check was conducted at the location. Sambolin assured us that a security guard had been at the location on the weekends since conditioned by the city. On December 16th 2009, a new contract was initiated by Jose Sambolin with Barry's Security Services for weekend nights. The contract was later extended to add Tuesday and Sunday nights to fully comply with the Conditional Use Permit issued by the city. Disposition • Attach to original report • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Clark B6735 01/21/2010 ntc • FURTHER ACTION: - REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184301 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • NEFERTITI PROTECTIVE SERVICES • Private Security P.P.O #14742 Tel: 909.384.9820 1585 So. "D" St #208 Fax: 909.384.9830 San Bernardino, Ca 92408 Last invoice due to cancellation INVOICE 009 CLIENT: Loco Cantina&Grill DATE: 09/14/09 BILLING PERIOD: 14 days TYPE OF SERVICE : Foot patrol guard , Thru-Friday—Saturday 10pm - service 2am RATE:24 hours(a $16.00= $896.00 DATES OF SERVICE: 09/01/09-09/15/09 TOTAL DUE: $384.00 • REMINDER: ALL INVOICES ARE DUE AND PAYABLE 14 DAYS AFTER RECEIPT OF BILLING DATE THANK YOU FOR YOUR BUSINESS EXHIBIT C • CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE 1;;:: BUILDING:AND SAFETY,DIViSION . Permittee: 0 e 0• '6.4-.frotot le; Address Peir:Alegi" Dattz741/4911mek 2jk CORRECTION NOTICE ARMIT NC. plet4.‘ ,Are re-view sr,v19(kr- i 6 ii‘4ti Cif • A) 411 04 elre cfm(4,6 &Jr; r4,0 eviee - .J44.of 4.)” i.vrA e er ty Assni r r• rIAA•-c.,..4,4• 2) Li 44A&Cs. 71,-1[4-0 tar 0 n 41)4 tot I;awed 1).3rd.¢. Cy tier e 6,"4-s c.e• • sANIA-St Ls_ e c onke-v , EkT•644 e cre.A o'f a IT kJ," Cidt litt4115 . F.) 4;4 71-e.-r4st k"eAs."-+ of" AD Ft CArvi 4"-* 6,9) ech,44 I if] # ivsC0rre2fl1 ( e a4.-41 I: iv% Sane Jr—f Office Houro I pacer ft,..ti 400 600 7600.pm pleise Make Corrections end Call for Reinspectbn 1(809)417,2* , (9m) • EXHIBIT D fkir-tefr RESOLUTION NO. 10-12 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT DRC2007-00283R EL LOCO CANTINA & GRILL, AN EXISTING MEXICAN RESTAURANT WITHIN THE MASI PLAZA SHOPPING CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT • THEREOF—APN: 0229-011-38. A. Recitals. 1. 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 January 13,2010, and continued to February 10 and February 24,2010,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. 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 24, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The operations associated with this application have 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 existing restaurant opened at the subject location in the year 2000 pursuant to the approval of Conditional Use Permit 00-44, allowing a bar and the service of alcoholic beverages (Type 47 ABC License) in conjunction with meals; and d. The existing business does not convey a restaurant use atmosphere but is operating a night club that requires a change to the Conditional Use Permit and a Type 48 ABC License; and 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: PLANNING COMMISSION RESOLUTION NO. 10-12 CONDITIONAL USE PERMIT DRC2007-00283R— EL LOCO CANTINA & GRILL February 24, 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 canceling of uniformed security was a violation of the Conditional Use Permit Conditions of Approval and; d. 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; e. The video evidence indicates the area used for dancing exceeds the maximum 150 square foot limitation. 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 to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH 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 24th day of February 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: µ-is- 90 • RESOLUTION NO. 10-13 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVOKING ENTERTAINMENT PERMIT DRC2007-00284R, A REQUEST TO ALLOW LIVE ENTERTAINMENT AND DANCING AT AN EXISTING RESTAURANT USE IN THE MASI PLAZA CENTER IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815 FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-011-38. A. Recitals. 1. 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 January 13,2010, and continued to February 10 and February 24,2010,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. 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 24, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The operations associated with this application have 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 canceling of uniformed security was a violation of the Entertainment Permit Conditions of Approval and; d. 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 e. 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, this Commission hereby finds and concludes as follows: flit-9/ PLANNING COMMISSION RESOLUTION NO. 10-13 ENTERTAINMENT PERMIT DRC2007-00284R— EL LOCO CANTINA & GRILL February 24, 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 canceling of uniformed security was a violation of the Conditional Use Permit Conditions of Approval and; d. 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; e. The video evidence indicates the area used for dancing exceeds the maximum 150 square foot limitation. 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 to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 24TH 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 24th day of February 2010, by the following vote-to-wit: AYES: COMMISSIONERS: • • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • ,u L '02/23/2010 11:37 3108223512 SSJ LAW PAGE 01/04 476 Culver Boulevard Playa P elRey, 7 �e0203 SOLOMON, SALTSMAN Fax(310)822. 812 $r JAMIESON CRY OF RANCHO CUCAMONGA FalX FEB.2 g 2010 RECEIVED - PLANNING Mx Mr.James Troyer,AICP,Planning DlrectonCity of Rancho Cucamonga Fa= 909-477-2847 Pages;4 Preen R.Bruce Evans (Mee February 23,2010 RE: REQUEST CONTINUANCE OF FEBRUARY 24,2010 HEARING SB Entertainment Ventures,Inc.—DM:Loco Cantina&Grill 11818 FoothIll Boulevard,Rancho Cucamonga,CA'91730 Conditional Use Permit DRC2007-00283 Entertainment Permit DRC2007-00234 • X Urgent ❑ For Review Q Please Comment ❑Please Reply C Please Recycle •Commenter VERY URGENT. Mr.Troyer. Please see attached letter from Bruce Evans. Thank you. PRIVACY AND ccen:GvTV lrvno7RT THE/FOWTST OMrNQD NTMI P$CSNLU 7RANGWQIIN a WNP10:04 A1q mINAT5,ins flop ONLY For 11E LW.RR THE PCIEWAL OR feITTYTA ITanoam�.TIIC M'OIWATW9lanaTRAN ED.PROPRETARJAIC t St FROMEcn6Pgea se1testeat STATE OR OfSt UNV .WV RC,cpyEOFTTa9 FACSPLE T TO 7141 OWQUO TWW 1W MBOEDunFIEDT4TOROCOM ,CAtad1 ACC pyTHig RIMPOWILRE ag FORRENE Pq TN$PAWMI! EIMER MOH to ma NYAC ACTION reearr,5 Hawn IOR HA HDNTO ITLE SE. DERRWT1. a1 OOFVTNaT TEL PH NECRFAOREIOIITN OR E RANFROETAMNO THE ACTfI TPATRANPW IN ERROR PISMENOWT THE9@OEH 6U1aATELV BY TELEPHONE OR F AILE TO IGE PROWT RETURN OF TIE FAGSnn11RN191CVCN OR O15M MFROPRV.TEACTIOI1. A 02/23/2010 11:37 3108223512 59 LAW PAGE 02/04 • LAW OFFICES OF SOLOMON, SALTSMAN & JAMiESON A Ptt,enhip Including P'ohatlnnnl Corpondt,M 428 CULVER BOULEVARD PLAYA DEL REY,CA 90203 (310)822-9840 FAX(310)822-3512 February 23,2010 VIA FACSIMILE—909-477-2847 Mr. James Troyer,AICP Planning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga,CA 91730 RE: REQUEST CONTINUANCE OF FEBRUARY 24,2010 HEARING SB Entertainment Ventures,Inc.—USA: Loco Cantina& Grill 11815 Foothill Boulevard,Rancho Cucamonga,CA 91730 Conditional Use Permit DRC2007-00283 Entertainment Permit DRC2007-00284 Dear Mr. Troyer The Staff Report from the City was first available at the end of business February 18,2010 and my client picked up a copy from City Hall. 1 received a copy on February 19,2010. I submitted a detailed Discovery/Public Records Request on December 21,2009 requesting, in part,all documents,information and witnesses the City intended to rely on during the public hearing and such documents and information that would support the City's decision to review and/or revoke the Conditional Use and Entertainment Permits. On January 20,2010 the City produced only the documents available in the public planning file (mostly old staff reports,applications and past meeting minutes), but failed to produce any of the substantive material attached to the Staff Report. Moreover,I called Mr. Henderson at least twice asking for information about this case and the City's position. I also sent Mr. Henderson a letter on January 5,2010. Mr. Henderson never responded to my phone calls or letter. The essence of due process is that a person in jeopardy of serious loss,be given notice of the case against him and a meaningful and effective opportunity to respond to the charges. In this case, Loco Cantina faces the loss of its business and livelihood and will be forced to lay off some 20 employees if the Permits are revoked. But here the business has been denied the opportunity to obtain relevant documents the City contends form the bases of its case for revocation until 3 MI business days before the hearing. I requested documents and Information which are necessary and essential in preparing and • defending Loco Cantina at the hearings before the Planning Commission,but the City did not produce any of the written police reports prior to the release of the Staff Report at the end of business on February 18,2009 even though the police reports are from 2009 and January of 2010 and Staff Report is dated February 10,2010. • 4. 02/23/2010 11:37 3108223512 SSA LAW PAGE 03/04 Page 2 of 3 Case law clearly provides that discovery must be provided in administrative proceedings if,as here,the denial of discovery would prejudice a party as to deny him due process. In this case, revocation of the Entertairunent Permit and CUP is a death sentence for this business, and 20 jobs provided by this business. The interests at stake are therefore considerable and raise the level of due process necessary to protect the valuable property interest at issue. Accordingly,due process requires, at a minimum, my client be afforded sufficient time to obtain all of the relevant documents identified in Staff Report and certainly more than a 3 or 4 business days before the hearing,and a reasonable opportunity to review that information and conduct follow up discovery prior to the hearing in this matter. Regardless of the outcome of this case,it should be incumbent on the City to assure that my clients get a fair hearing consistent with due process. Unfortunately,the City Staff has taken the "hearing by ambush"approach and withheld documents that should have been produced weeks ago. Moreover, much of the information contained in the police reports relied on by the City is irrelevant and inadmissible hearsay and I object to such evidence being part of the record in this case. Additionally,the witness information in the police reports has been redacted such that my clients have no meaningful opportunity to defend themselves and conduct their own inquiry into the alleged events the City argues support revocation in this case. That is not due process, it is set up that appears calculated to deprive my clients of a fair hearing and revoke the permits. The police reports should be produced without any redaction,the City should make a good faith effort to comply with my discovery request consistent with its obligation to afford my clients due process and the February 24th hearing should be continued for at least 30 days. T understand the City is concerned about the operation of the business,butI am confident we could work out an agreeable set of operating conditions in the meantime that will satisfy the concerns of the City in the short term and help ensure that when this matter does come before the Commission,the City will have not deprived a business of due process and exposed the City to a claim for damages and possible reversal of any determination made without due process of law. Finally,I would submit to you that this business is not the enemy. To date the City has refused to meet and discuss an informal.solution. Rather,than work with this business informally to address the City's concerns,the City spent a great deal of law enforcement resources and conducted an unprecedented undercover investigation to catch this business doing something that would support the apparent goal of revocation. I would submit that an informal meeting at the premises or City Hall would have led to corrective steps on the part of the business without the need for public hearings, potential closing of a business and possible litigation. I offer to meet anytime to discuss how this business can address the City's concerns. I request that this letter be made available to the Planning Commission and made part of the administrative record in this matter. • 02/23/2010 11:37 3108223512 SSJ LAW PAGE 04/04 Page3of3 Please let me Imow as soon as possible if Staff will recommend a continuance. Thank you. Very truly yours, SOLOMON S TSMAN&.TAM[ESON R. CE E ANS cc: Raucho Cucamonga Planning Commission • • • ,• STAFF REPORT { PLANNING DEPARTMENT RANCHO Date: February 24, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Lois Schrader, Planning Commission Secretary Subject: SELECTION OF TRAILS ADVISORY COMMITTEE ALTERNATE • BACKGROUND: On December 31, 2009, Commissioner Pam Stewart officially retired. In addition to serving on the Design Review Committee (DRC), she also served as Alternate on the Trails Advisory Committee (TAC). The Commission discussed their DRC appointments and the open seat on the TAC at their meeting of January 13, 2010. Following their discussion, they unanimously decided to postpone filling the Alternate seat on the TAC until the new commissioner was in place so that he/she could participate in the discussion. Therefore, the seat has remained vacant since that time. Following the interview and appointment process, the City Clerk swore in our new Commissioner, • Francisco Oaxaca, on February 3, 2010. 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Planning Commission Meeting of_February 24, 2010 RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM 1. ___ L 2. 3. enz r-' / ' S Sidoet_A„!/ u"uno^7cli. �a n,esoa/ AI CO 4. 5. 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.