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HomeMy WebLinkAbout2010/03/10 - Agenda Packet - Planning Commission • THE CITY OF RANCHO CUCAMONGA k PLANNING COMMISSION � J AGENDA n CUCAMONGA MARCH 10, 2010 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California II. CALL TO ORDER Roll Call Chairman Fletcher Vice Chairman Munoz — Oaxaca_ Howdyshell _ Wimberly_ • I • II. • ,.ANNOUNCEMENTS III. • APPROVAL OF MINUTES • I Regular Meeting Minutes of February 24, 2010 IIV. PUBLIC HEARINGS - • The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. 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 • 1 of 4 ' • a PLANNING COMMISSION AGENDA MARCH 10 2010 RANCHO CUCAMONGA consideration. CONTINUED FROM FEBRUARY 24, 2010 (READVERTISED) B. 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. CONTINUED FROM FEBRUARY 24, 2010 (READVERTISED) C. REVIEW OF CONDITIONAL USE PERMIT DRC2007-00283R-EL LOCO CANTINA& GRILL-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The • Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11815 Foothill Boulevard-APN: 0229-011-38. Related file: Entertainment Permit DRC2007-00284. Continued from January 13, February 10, and February 24, 2010. 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 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, February 10, and February 24, 2010. V. PUBLIC COMMENTS • I 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. • 2 of 4 0 0641(1 ..��'' II PLANNING COMMISSION AGENDA 14.40_1 MARCH 10• 2010 RANCHO CUCAMONGA IVI. COMMISSION BUSINESS/COMMENTS • I I, VII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. 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 March 4, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. III IIIf 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. • 3 of 4 Ira PLANNING COMMISSION AGENDA S-•� MARCH 10, 2010 RANCHO CUCAMONGA 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 fee of$2,124 for maps and$2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonqa.ca.us • • 4 of 4 • Vicinity Map . Planning Commission meeting March 10 , 2010 . ;-- .., - - i r.a , I 1 c v f t� m E a o > i ; i o E m .e ,_ ,-0 I j ,, i1 T' 2 Y � ! j e� u / ; I i . 15 `% L 1 0 S` —L • um —1 — . _ .—. --- ' . _ 210 19th St"'j btu ' Aand B MM. I Base Line FS ~ Base Line N. Church 1 ( Church Foothill r _" Foothill v ,� 1 Arrow I ri I Arrow °i a Jersey m I � 3 i 8thia > B �TD W W,\ - If r in To w 6th N 6th �I E > Y 4th t 4 = _ 2 f 4th C and D • * Meeting Location: City Hall 10500 Civic Center Drive STAFF REPORT h • PLANNING DEPARTMENT L.%-,. RANCHO Date: March 10, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner 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 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. 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. • PROJECT AND SITE DESCRIPTION: A. Proiect Density: 3.4 dwelling units per acre. B. Surrounding Land Use and Zoning: North - Single-Family Residential; Etiwanda North Specific Plan, Low Residential (2-4 dwelling units per acre) South - SR-210 Freeway East - Single-Family Residential; Etiwanda North Specific Plan, Very Low Residential (.1-2 dwelling units per acre) West - Single-Family Residence (partially developed site); Etiwanda North Specific Plan, Low Residential (2-4 dwelling units per acre) C. General Plan Designations: Project Site - Low Residential (2-4 dwelling units per gross acre) North - Low Residential (2-4 dwelling units per gross acre) South - SR-210 Freeway East - Very Low Residential (.1-2 dwelling units per gross acre) West - Low Residential (2-4 dwelling units per gross acre) • D. Site Characteristics: The site generally slopes from north to south with alluvial fan sage brush as the predominant vegetation type. It is surrounded by existing single-family • development to the north and east, by a partially developed lot to the west, and by the Items A & B PLANNING COMMISSION STAFF REPORT • SUBTT18744 AND DRC2009-00029— FB HOLDINGS, LLC March 10, 2010 Page 2 • SR-210 Freeway off ramp to the south. The east property line of the site abuts Stable Falls Avenue that will provide vehicle access to the site. ANALYSIS: A. Background: Tentative Tract Map SUBTT16812 was approved on December 8, 2004, and expired December 7, 2007. The applicant did not request a time extension prior to the map.expiring. The proposed tentative tract map is nearly identical in design to the expired map. B. General: The site is within the Etiwanda North Specific Plan (ENSP). The applicant is requesting approval to subdivide 8.85 acres into 30 lots for the development of single-family homes; however, no housing product is proposed at this time. The site and the existing residences to the north are within the Low;Residential Development District, while the residences to the east, across Stable Falls Avenue, are within the Very Low Residential Development District. The development will have a single entry point from Stable Falls Avenue. A second access point will be provided from the west when the adjoining property is developed. The Fire Department has required that the future homes on Lots 1-25 be equipped with fire sprinklers because of the length of the cul-de-sac (over 600 feet). The site is located directly adjacent to the SR-210 freeway; the applicant has submitted an Acoustical Study that recommends a sound wall up to 24.5 feet in height to mitigate the freeway noise. The • project design meets all required Development Standards of the Etiwanda North Specific Plan: Required by the ENSP Proposed by Applicant Minimum Net Average Lot Area 10,000 square feet 10,335 square feet Minimum Net Lot Area 7,200 square feet 7,215 square feet Lot Width at Front Setback 65 average +1- 5 feet 60 feet minimum Corner Lot Width 70 feet 78 feet minimum Lot Depth 100 feet 120 feet minimum Minimum Frontage at Front P.L. 40 feet 44 feet minimum C. Environmental Mitigation Requirement: Bonterra Consulting performed an environmental reconnaissance survey of the site to determine whether more in-depth environmental review was required. In a letter dated July 31, 2009, Bonterra Consulting recommends that a Habitat Assessment be performed by a mammalogist to determine the potential for the San Bernardino kangaroo rat (SBKR) to inhabit the site. Davenport Biological Services was contracted to perform the recommended Habitat Assessment. In a report dated September 6, 2009, Davenport Biological Services states that the site occurs within the historic range of the SBKR and that suitable habitat remains on the site. The biologist recommended a trapping survey be completed on the site On November 1, 2009, Davenport Biological Services set out traps on the site. In a report dated November 3, 2009, the biologist concludes that while the site includes suitable habitat for the SBKR, the trapping survey did not find SBKR on the site and that the SBKR is unlikely to re-colonize the site. However, Davenport Biological Services includes a • A & B 2 PLANNING COMMISSION STAFF REPORT SUBTT18744 AND DRC2009-00029— FB HOLDINGS, LLC March 10, 2010. • Page 3 recommendation that the applicant mitigate the loss of alluvial fan scrub habitat through the purchase of mitigation land. In a letter dated December 9, 2009, Bonterra Consulting recommends that the loss of alluvial fan scrub habitat on the site be mitigated at a rate of 50 percent of the alluvial fan sage scrub habitat that will be lost when the site is graded for development. This translates into 2.9 acres of mitigation land (5.8 acres of alluvial fan sage scrub on the site X .5). The level of required mitigation was reduced to less than 1:1 because of the isolation of the project site from other areas containing high value habitat in the City. Staff has added a Condition of Approval to the Resolution of Approval and to the Mitigation Monitoring Plan stating that the applicant shall purchase a minimum 2.9 acres of alluvial fan scrub habitat prior to the approval of Rough Grading Permits for the site. D. VARIANCE FACTS FOR FINDINGS: The applicant is requesting a variance to allow wall heights greater than 6 feet. The site adjoins the SR-210 Freeway and is subject to traffic noise levels that exceed the City's standards. The acoustical analysis recommends sound attenuation walls up to 24.5 feet high (including retaining walls), along with -acoustic upgrades to the future homes in order reduce noise levels to meet City standards. The purpose of a variance is to provide flexibility from the strict application of development standards; however, the-Planning Commission must make the following findings in order to approve the request. The following are facts to support these findings: • 1. Finding: The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code. Fact: Literal enforcement of the wall height limit would cause a physical hardship and practical difficultly for development of the property because of the presence of sound levels from the SR-210 Freeway that exceed allowable limits as prescribed by the Development Code. 2. Finding: There are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone. Fact: There are exceptional circumstances applicable to the subject property that do not apply to a majority of properties in the immediate surrounding area in that the subdivision is located adjacent to an off-ramp to the SR-210 Freeway. Further, the acoustic engineer for the project has calculated that building surfaces will be exposed to noise levels of 79 CNEL along- the. SR-210 Freeway.. These sound levels create exceptional circumstances with regard to achieving an adequate level of sound attenuation and the use and enjoyment of the properties in question. • A & B 3 PLANNING COMMISSION STAFF REPORT SUBTT18744 AND DRC2009-00029— FB HOLDINGS, LLC March 10, 2010 • Page 4 • 3. Finding: The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in same zone. Fact: Literal enforcement of the wall height limit would deprive the applicant of privileges enjoyed by other subdivisions in the Low Residential District, in that it would require the applicant to significantly alter the proposed design including using alternative construction methods and significantly reducing the density of the development. Alternative designs and reductions in density have not been required of other properties in the Low Residential District that are affected by high sound levels from the SR-210 Freeway. 4. Finding: The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact: The granting of the Variance will not constitute a special privilege inconsistent with the limitations on other properties in the same zone, in that variances for wall. heights have been granted to neighboring subdivisions with similar noise conditions. 5. Finding: The granting of the Variance will not be detrimental to the public health, • safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Fact: Granting of the Variance will not be detrimental to the public health, safety, or welfare, in that the Variance provides the means to promote public safety and welfare by providing the necessary sound attenuation required for the subdivision to adequately meet the required exterior noise level standards for properties in the Low Residential District. Additionally, the proposed sound wall will help reduce noise levels for existing property owners adjacent to the project. E. Neighborhood Meeting: The applicant held a neighborhood meeting on December 14, 2009. Notification of the meeting was sent to all property owners within 660 feet of the site. Two residents attended the meeting. The applicant presented an overview of the project and answered questions. No issues were raised regarding the design of the project. F. Design Review Committee: On January 19, 2010, the Design Review Committee (Munoz, Wimberly and Granger) reviewed the project and recommended approval as presented (Exhibit I). G. Technical Review and Grading Committees: The Technical and Grading Committees reviewed the project on January 19, 2010, and recommended approval subject to the conditions outlined in the attached Resolution of Approval. • A & B 4 PLANNING COMMISSION STAFF REPORT SUBTT18744 AND DRC2009-00029— FB HOLDINGS, LLC March 10, 2010 • Page 5 H. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, geology and soils, hydrology and water quality and noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised for the February 24, 2010, meeting 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. Because of a correction in the legal advertising, staff requested a continuance to the March 10, 2010, meeting so that the items could be re-advertised. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Tract Map SUBTT18744 and Variance DRC2009-00029, through adoption of the attached Resolutions of Approval with Conditions. sry• Respectfully submitted, Ja R. Troyer, AICP Planning Director JRT:TV/ge Attachments: Exhibit A - Aerial Photograph Exhibit B - Site Utilization Map Exhibit C - Site Plan Exhibit D - Conceptual Grading Plan Exhibit E - Tentative Parcel Map Exhibit F - Grading Sections Exhibit G - Conceptual Landscape Plan Exhibit H - Retaining Wall Variance Exhibit Exhibit I - Design Review Committee Action Agenda dated January 19, 2010 Exhibit J - Initial Study I and II Draft Resolution of Approval for Tentative Parcel Map SUBTT18744 Draft Resolution of Approval for Variance DRC2009-00029 • A & B 5 ACTION AGENDA • DESIGN REVIEW COMMITTEE MEETING TUESDAY JANUARY 19, 2010 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Ray Wimberly Donald Granger Alternates: Frances Howdyshell Richard Fletcher Vacant CONSENT CALENDAR NO ITEMS SUBMITTED. • . PROJECT REVIEW ITEMS This is the time and place for the Committee to discuss and provide direction to an applicant regarding their development application. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. • 7:00 p.m. (Tabe7Willie) 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. PUBLIC COMMENTS There were no public comments. ADJOURNMENT The meeting adjourned at 7:20 p.m. • • EXHIBIT I . A & B 15 • • DESIGN REVIEW COMMENTS 7:00 p.m. Tabe van der Zwaag January 19, 2010 • 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. Background: Tentative Tract Map SUBTT16812 was approved on December 8, 2004, and expired in 2007. The applicant did not request a time extension prior to the map expiring. The proposed Tentative Tract Map is nearly identical in design to the expired map. Site Characteristics: The site generally slopes from north to south with alluvial fan sage brush as the predominant vegetation type. It is surrounded to the north and east by single-family residences; to the west by vacant land; and to the south by the 210 Freeway off-ramp. The east property line abuts Stable Falls Avenue. Project Overview: The site is within the Etiwanda North Specific Plan (ENSP). The applicant is requesting approval to subdivide 8.85 acres into 30 lots for the development of single-family homes; however, no housing product is proposed at this time. • The site and the existing residences to the north • are within the Low Residential Development District,.while the residences to the east, across Stable Falls Avenue, are within the Very Low,Residential Development District. The development will have a single entry point from Stable Falls Avenue. A second access point will be provided.from the west when the adjoining property is developed: The Fire Department has required that the future homes on Lots 1 through 25 be equipped with fire sprinklers because of the length of the cul-de-sac (over 600 feet). The site is located directly adjacent to the 210 Freeway; the applicant has submitted an Acoustical Study which recommends a sound wall up to 24.5 feet high to mitigate the freeway noise. The project design meets all required development standards of the Etiwanda North Specific Plan: Required by the ENSP Proposed by Applicant Minimum Net Average Lot Area 10,000 square feet 10,335 square feet • Minimum Net Lot Area 7,200 square feet 7,215 square feet Lot Width at Front Setback 65 average +/- 5 feet 60 feet (minimum) Corner Lot Width 70 feet 78 feet (minimum) Lot Depth 100 feet 120 feet (minimum) Minimum Frontage at Front P.L. 40 feet 44 feet (minimum) Neighborhood Meeting: The applicant held a neighborhood meeting on December 14, 2009. Notification of the meeting was sent to all property owners within 660 feet of the site. Two residents attended the meeting. The applicant presented an overview of the project and answered questions. No issues were raised regarding the design of the project. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: None. • A & B 16 • • • DRC AGENDA • - SUBTT18744 — FB HOLDINGS, LLC • January 19, 2010 • Secondary Issues: 1. The project site is within the Low Development District, while the existing development to the east is within the Very Low Development District. The applicant does not propose matching the existing development pattern across the street. This same condition exists less than a block to the north along the same street. 2. The applicant is required to build a sound attenuation wall to mitigate the noise from the 210 Freeway. The proposed design is a combination retaining/freestanding wall, with the following maximum heights: up to 10.5 feet high retaining wall and an up to 16 feet high freestanding wall (maximum wall height scenario is 24.5 feet; Section D-D). The wall will be no higher than 16 feet as seen from the proposed lots. The sound wall will match the design of the existing sound wall to the east. The applicant has submitted a Variance for the additional wall height above the 6-foot maximum. • 3. There is an existing 10-foot wide water easement along the east tract boundary of Lot 1 (see Grading Plan Section C-C). The homeowner will be required to maintain this easement. Staff Recommendation: Staff recommends that the Design Review Committee approve the project and forward the project on to the Planning Commission for final approval. • Design Review Committee Action: • • The,Design Review Committee recommended that Tentative Tract Map SUBTT18744 go to the Planning • Commission for their review as presented. Members Present: Munoz, Wimberly, Granger Staff Planner: Tabe van der Zwaag • • • A & B 17 • DESIGN REVIEW COMMENTS • January 19, 2010 ADJOURNMENT The meeting adjourned at 7:20 p.m. Respectfully submitted, Donald Granger Senior Planner • • • A & B 18 . ENVIRONMENTAL S, INFORMATION FORM 1111 S'� (Part I - Initial Study) City of Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) Planning Division (909)477-2750 �t .py �, /di ICOR`�' 4U--a '=l:ntP n"'917,t- a ' � air're, s:Sm'a'✓agai t glia a {c am The pur l Th this form S. pti nform he CC. ty ee baste componerrt o t r oposed protect soWatinwptty may review te'prolect pursuanfto City Po_ hoes'tdmances; nd=� ,Guidelines; Ythe C liforn rEnutronmental yI- ;' ad ttieiACtty s Rulesc" ands"` E Gtuali Act F ands`, E '�'s varsv °tt °�G� u.: ` ti'r'.�"' _r bawIla#'�' F�1x,R."i..t�^.z,,,p,.-.,,�. �i_y.,p' $.sr "r'.$�."�ri� .^'WS."ar.E'R.s 'Tl =�-I ;-1PPro�yc�edwes tvJo Implement>CEQQ_ cltNts important{.that#the mform_atton�requepsted,m this F' c jilt'ite, e'�tf"^'i�d.x5 i•A E A:m S A..111 2'3v�k 'W�'. l V k Lt z�` .S}4,t' `n "+F.$ y t t tOS - applicattonSberprovidedzinIfull a, six � "a ' a • `s' ` xh .q A ',J et V a +1s r,„_.a> �.7c.�';.�'.�"«',: �' .� ��`i...,. ..—.-��3��'.w����T�it� .:�c.+�'7�.sw�.'z�e«+i,.s t±.,, GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: SUBTT 18744 Project Title: Tentative Tract 18744 Name &Address of project owner(s): FB Holdings, LLC • 16900 Goldenwest Street Huntington Beach, CA 92647 Name &Address of developer or project sponsor: Same Contact Person &Address: Liz Van De Vanter, Senior Vice President, Authorized Agent First Bank, 16900 Goldenwest Street Huntington Beach, CA 92647 Name &Address of person preparing this form(if different from above): Bob Zoller MDS Consulting 17320 Redhill Avenue, Suite 350 •Irvine, CA 92614 Telephone Number: 949/251-8821 EXHIBIT J A & B 19 Page 1 of 9 - Created on 5/22/2002 4:09 PM • PROJECT INFORMATION & DESCRIPTION: Information indicated by an asterisk(*)is not required of non-construction CUP's unless otherwise requested by staff. • *1) Provide a full scale (8-1/2 x 11)copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west; views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): 12424 Highland Avenue (Stable Falls Avenue and Rodeo Drive) 4) Assessor's Parcel Numbers(attach additional sheet if necessary): 0225-161-19, 0225-161-32, 0225-161-33, 0225-161-34 *5) Gross Site Area (ac/sq. ft.): 8.85 ac/385,500 sf • *6) Net Site Area (total site size minus area of public streets&proposed dedications): 8.85 acres 7) Describe any proposed general plan amendment or zone change which would affect the project site • (attach additional sheet if necessary): None 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: Grading permit, Encroachment permit • 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site(including age and condition)and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information(i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): Partially cleared site with an abandoned levee. There are no existing structures or mature trees within the project. Attached are the site photos. • EnvinfoForm.doc Page 2 of 9 Created on 5/22/2002 4:09 PM A & B 20 • • • 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information (books,published reports and oral history): • There are no known cultural and/or historical aspects. The parcel is vacant land surrounded by single- family residences and the 210 freeway. • 11) Describe any noise sources and their levels that now affect the site(aircraft, roadway noise, etc.)and how they will affect proposed uses: The Interstate 210 freeway is adjacent to the site's southern boundary. Noise sources will be mitigated with a proposed sound wall and construction standards. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary: Tentative Tract Map 18744 will entail 30 single-family detached residential units fronting onto two proposed local streets. At the time of the tentative tract map submittal, it is unknown as to the number of phases and the anticipated completion date is also unknown. • EnvinfoForm.doc Page 3 of 9 Created on 5/22/2002 4:09 PM A & B 21 • 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use(one-family, apartment houses, shops, department stores, etc.)and scale of development(height, frontage, setback, rear yard, etc.). North: Single-family residential West: Single-family residential /vacant South: 210 freeway East: Single-family residential 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? No. 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these • noise levels affect adjacent properties and on-site uses. What methods of soundproofing are proposed? Some construction noise generated in the short term; no long term noise anticipated. *16) Indicate proposed removals and/or replacements of mature or scenic trees: There are no mature or scenic trees on site. 17) Indicate any bodies of water(including domestic water supplies)into which the site drains: None. • EnvinfoForm.doc Page 4 of 9 Created on 5/22/2002 4:09 PM A & B22 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga County Water District at 987-2591. a. Residential(gal/day) 18,000 Peak use (gal/Day) 36,000 • b. Commercial/Ind. (gal/day/ac) N/A Peak use(gal/min/ac) N/A 19) Indicate proposed method of sewage disposal. ❑ Septic Tank ® Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga County Water District at 987-2591. a. Residential(gal/day) 8 b. Commercial/Industrial(gal/day/ac) RESIDENTIAL PROJECTS: 20) Number of residential units:30 Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: Minimum lot size: 7,200 sf Maximum lot size: 24,196 sf Average lot size: 10,040 sf Attached(indicate whether units are rental or for sale units): N/A • 21) Anticipated range of sale prices and/or rents: N/A Sale Price(s) $ to $ Rent(per month) $ to $ 22) Specify number of bedrooms by unit type: N/A 23) Indicate anticipated household size by unit type: N/A • • • EnvinfoForm.doc Page 5 of 9 Created on 5/22/2002 4:09 PM A & B 23 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: 14 • b. Junior High: 9 c. Senior High 6 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) D tribe type of use(s)and major function(s) of commercial, industrial or institutional uses: 26) Total floor area of co mercial, industrial, or institutional uses by type: • 27) Indicate hours of operation: • 28) Number of employees .tal: • Maximum Shift: Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications, inclur ng :le and salary ranges, as well as an indication of the rate of hire for each classification (attach additional she: if neces :#): • 30) Estimation of the number o orkers to be hired that currently reside in the City: *31) For commercial and i'•usMal uses only, indicate the source, type and amount of air pollution emissi.as. (Data should be verified through e South Coast Air Quality Management District, at(818) 572-6283): • Envl foForm.doc Page 6 of 9 Created on 5/22/2002 4:09 PM A & B 24 ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so,please indicate their response. • Yes. CVWD -"Okay" IEVA- "Okay" SBCFCD -"Okay" Rancho Fire District-"Okay" 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's;radioactive substances; pesticides and herbicides;fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known. No. 34) Will the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? If yes,provide an inventory of all such materials to • • be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. No. I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts,statemen -, . d information presented are true and correct tot he best of my knowledge and belief. I further understand that add' 'n.I infor atio may be required to be submitted before an adequate evaluation can be made by the City of Rancho C -mange. • Date: lV [eel or) Sig .ture: ,,, 0 k t 1 .be Roller Title: Direc • .f PI. nin. • EnvinfoForin.doc Page 7 of 9 - Created on 5/22/2002 4:09 PM A & B25 ATTACHMENT A Water Usage Average use per day • Residential Single Family 600 gal/day Apt/Condo 400 gal/day Commercial/Industrial General and Regional Commercial 3,000 gal/day/ac Neighborhood Commercial 1,500 gal/day/ac General Industrial 2,500 gal/day/ac Industrial Park 3,000 gal/day/ac Peak Usage For all uses Average use x 2.0 Sewer Flows Residential Single Family 270 gal/day Apt/Condos 200 gal/day Commercial/Industrial General Commercial 2,000 gal/day/ac • Neighborhood Commercial 1,000 gal/day/ac General Industrial 1,500 gal/day/ac Heavy Industrial 3,000 gal/day/ac Source: Cucamonga County Water District Master Plan, 6/00 • EnvinfoForm.doc Page 8 of 9 Created on 5/22/2002 4:09 PM A & B26 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: • Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 5959 East Avenue • • • P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School • Chaffey High School 211 West 5th Street Ontario, CA 91762 • (909) 988-8511 • • EnvinfoForm.doc Page 9 of 9 Created on 5/22/2002 4:09 PM A & B27 • • - ttiw W ' I' ° 1 �� P� • .-r-em -v901 HI 0 J C .., Creek\reek - <i\'ills 0, I \ l'11'II�IIII91� I: \: l 0 11 II 16 �. 111/`_ — ,� /,,,' � ��11 ,.,.. ® L. .:... ® �! anm� a 1, 1 �4 �, ,::: ...\ e \ n X it ' -(�_/I% iii ./ il! ,,,„I Er I 1 U ��ip\H —\ 3r1V --1(I'V3 .. .\ . . .... I • • f. C ,II, aJU•• •t• _ _ _I • _ VIII --- • III! _� r. O �. % li \JS' 3AV LI t ---11- . V VM I13 • '_J . . „ J�. pN • .II - ` °Y 'd I I I • N :II, II ••� 9 ?� III J ° \ ....... m 0 \p\' � ' \`\ pot I ;�• I ' `` N ( I, _� 1 L , 1 p \I �,_� V1` p r , II o o ),,, N II II qI / O Ji a II/ J/ 1 o II ii i L.. p II p I • f x (7 u)V� J ) z 111 1\t r � " " -1)E 6 1\ it fli til /Y�Yy� rn/ / ,F _Impel•� �\ III J` ~/4 /3F-it ((//JJ��JJ 00, Li zc I Ili ■ � • ..c .y 1 i' / � Y� �-- - �_ O 2 �aa I N 2 = 0 Y G• --f_> = ' L ,a v AAA II AAAAA • A.. Ri Zy}.•,.,• .I �� ` 1.' 3 F I i ' o ' j l' 1 ` x y 13r 1-4,&"1."C 1 l r 1 1 0 9.<. _ .rF .. 1 I I 4 . 1 ,1 n -»`+s �E :„Eiti c,....,' `� .,. City of Rancho Cucamonga • l"" ' ENVIRONMENTAL CHECKLIST FORM : INITIAL STUDY PART II � � i BACKGROUND 1. Project File: Tentative Tract Map SUBTT18744 2. Related Files: Variance DRC2009-00029 3. Project Description: ENVIRONMENTAL ASSESSMENT AND TENTATIVE — TRACT 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. 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 . • 4. Project Sponsor's Name and Address: FB Holdings, LLC 16900 Goldenwest Street Huntington Beach, CA 92647 5. General Plan Designation: Low Residential (2-4 dwelling units per acre) 6. Zoning: Low Residential (2-4 dwelling units per acre) 7. Surrounding Land Uses and Setting (Briefly describe the project's surroundings): The site is surrounded to the north and east by existing single-family residential development; to the south by the SR-210 Freeway westbound off ramp onto Day Creek Boulevard; and to the west vacant land with Day Creek Boulevard lying further west. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Tabe van der Zwaag Associate Planner (909) 477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or • participation agreement): Caltrans Encroachment Permit A & B29 Initial Study for City of Rancho Cucamonga SUBTT18744 and DRC2009-00029 Page 2 GLOSSARY—The following abbreviations are used in this report: • CVWD —Cucamonga Valley Water District EIR— Environmental Impact Report FEIR— Final Environmental Impact Report NPDES — National Pollutant Discharge Elimination System NOx— Nitrogen Oxides ROG— Reactive Organic Gases PM10— Fine Particulate Matter RWQCB— Regional Water Quality Control Board SCAQMD— South Coast Air Quality Management District SWPPP—Storm Water Pollution Prevention Plan URBEMIS7G — Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or"Less Than-Significant-Impact"as indicated by the checklist on the following pages. ( )Aesthetics ( )Agricultural Resources (x)Air Quality (x) Biological Resources (x) Cultural Resources (x) Geology & Soils ( ) Hazards & Waste Materials (x) Hydrology & Water Quality (x) Land Use & Planning ( ) Mineral Resources (x) Noise ( ) Population & Housing ( ) Public Services ( ) Recreation ( ) TransportationlTraffic ( ) Utilities & Service Systems ( ) Mandatory Findings of Significance • DETERMINATION On the basis of this initial evaluation: (x) 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 MITI ATED NEGATIVE DECLARATION will be prepared. Prepared By: "L- Date: //2?//OO Reviewed By: Cri &fl C aj z Date: ).17---/ l lo • A & B 30 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 3 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp 9 Significant Mitigation Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS • 1. AESTHETICS. Would the project a) Have a substantial affect a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (• ) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () ( ) ( ) (✓) quality of the site and its surroundings? • d) Create a new source of substantial light or glare, ( ) ( ) (✓) () which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. • b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho • Cucamonga. c) The site is located on the north side of the SR-210 Freeway west of Day Creek Boulevard and the surrounding area is characterized by vacant land to the west and single-family home development to the north and east. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. . d) The project would increase the number of street lights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on the site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. The lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or () () (✓) ( Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () ( ) ( ) (✓) Williamson Act contract? • 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? A' & B 31 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 4 Less Than Significant • Sipnifcant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Incorporated Significant Impact InwryomteE Impact Impact Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the north side of the SR-210 Freeway west of Day Creek Boulevard and the surrounding area is characterized by vacant land to the west and single-family home development to the north and east. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. • b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located on the north side of the SR-210 Freeway west of Day Creek Boulevard • and the surrounding area is characterized by vacant land to the west and single-family home development to the north and east. The nearest agricultural use is more than 1 mile south of the project site. Therefore, no adverse impacts are anticipated. • 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) () ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (V) ( ) () substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of () ( ) ( ) (✓) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (V) number of people? Comments: a) As noted in the General Plan FEIR (Section 5.6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and • • State standards. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding . A & B32 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 5 • Less Than Significant Less Issues and Supporting Information Sources: Potentially WT Then PP 9 Significant Mitigation Significant No Impact Incorporated Impact Impact Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities, While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an-on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete, then they then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho'Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) • on a project-specific basis. As prescribed by SCAQMD, a focused air impact study was prepared by PCR Services Corporation (dated April 2009) that utilizes the Urban • Emissions 2007 model (URBEMIS2007). As shown in Table 1, the unmitigated emissions associated with the construction of the project are below the regional significance threshold and the localized significance thresholds (LST). Table 3 indicates that the unmitigated emissions associated with the operation of the project are below the regional significance thresholds. • Table 1 • Project Construction Emissions' - • (Unmitigated Stage VOC _ NON _ CO SOt-_ .. PMio __ PM;s_ Regional Emissions(On-site+Off-site) Mass Grading 9 72 38 <I 13 5 Fine Grading(Foundations) I 10 5 <1 I <I Building Erection and Finishing 17 49 33 <I 4 3 Maximum OverlappingRegional Emissions 17 72 38 <I 13 5 Regional Construction Daily Significance Threshold 75 100 550 150 150 55 Over/(Under) (58) (28) (512) (150) (137) (50) Exceed Threshold? No No No No No No Localized Emissions(On-site Only) Mass Grading 9 72 35 <1 13 5 Fine Grading(Foundations) I IO 4 <I I <I Building Erection and Finishing 16 47 26 <I 3 3 Maximum Localized Emissions 16 72 35 <1 13. 5 Localized Significance Thresholds` N/A 270 2,193 NIA 16 9 Over/(Under)Threshold - (198) (2,158) - (3) (4) Exceed Threshold? - No No - No No " Compiled using the ((ABEAM 2007 emissions inVenuuy model. The equipment mix and use assumption jar each phase is provided in Appendix A. /'Aire emissions estimates are based on compliance with SCAQAID Rule 403 requirements for fugitive chest suppression. ' The SCA0A40 CSEv are based on Source Receptor Area 32(Northwest San Bernardino Count)far a fire acre site • with sensitive receptors located approximately 25 meters from the construction activity. Source: 1CR Services Corporation,2009. A & B33 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 6 • Than Less • Less cant Less •Issues and Supporting Information Sources: potentially With Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact • Table 3 • Project-Related Operational Emission? Emission Source VOC NON SOs __PM,tq_„_ Proposed Use Emissions Mobile 3 4 33 <1 5 <1 Area 2 Stationary <I <I •Total Net Project Emission? 5 5 34 <I 5 SCAQM I) Significance Threshold 55 55 550 ISO 150. 55 Difference (50) (50) (516) (150) (145) (54) • Significant? No No No No No No ” A lobile and area emissions are calculated using the UR6E_A4/S 2007 emissions model. Area .sources include natural gas consumption, landscape fuel consumption, residential conaater products and miscellaneous sources (e.g.. among other things. commercial solvent usage. architectural coatings). Emissions due to project-related eketrictty generation are calculated based on guidance provided in the SCAOA4p (1E(2-4 :lit Oualim Handbook. Worksheets and modeling outpat files are provided in Appendix A. Operational emissions are based on defotult trip generation rates provided in (iRIJEAI/S 2007. Totals Inn),not add up exactly due to rounding. Source: PG?Services Cnrporntion. 2009. Therefore, as required by the SCAQMD, an URBEMIS 2007 study was performed to calculate project emissions, and the model results indicate that the construction and operational emissions of the proposed project would not be significant. The construction and operational emissions of the project are below regional and localized significance thresholds for criteria pollutants as indicated in Tables land 3. The full text and citation of the URBEMIS 2007 focused air quality study can be referenced at the end of the Initial Study Part II. Even though the construction emissions will be less than regional and localized standards, the project will be conditioned to implement the following mitigation measures, per the City's General Plan FEIR in order further reduce actual emissions: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. • 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use • was investigated and found to be infeasible for the project. Contractors shall A & B34 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 7 • Less Than Significant Lass Issues and Supporting Information Sources: Pocenfiany wm Than pp g Significant Incorporated Significant Impact Incorporated Impact Impeq also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCBj) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. • A & B 35 Initial Study for City of Rancho Cucamonga • SUBTT18744 and Variance DRC2009-00029 Page 8 Le Than Less Tha ig • Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Imp= Incorporated Impact Impact Even though the operational emissions will be less than regional and localized standards, the project will be conditioned to implement the following mitigation measures, per the City's General Plan FEIR in order to further reduce actual emissions: 10) All residential structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water • heaters. 11) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. c) As noted in the General Plan FEIR (Section 5.6), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan, which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they • are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within 1/4 mile of a sensitive receptor. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above will reduce impact to less-than-significant levels. e) Typically, single-family subdivisions do not create objectionable odors. No adverse impacts are anticipated. • A & 13 36 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 9 • Less Than Significant less Issues and Supporting Information Sources: Potentially With Than • PP g Significant corporate SiImpict pa Impact Incorporated Impact Impact 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) (✓) ( ) ( ) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? • c) Have a substantial adverse effect on federally ( ) ( ) ( ) (✓) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (✓) resident or migratory fish or wildlife species or with • established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances () () () (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (7) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area substantially developed with residential and commercial uses. The site has been slightly disrupted from construction of infrastructure and surrounding developments. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is within an area of sensitive biological resources. According to Exhibit IV-3 of the General Plan, the project site is located in an area that has been identified as potential Alluvial Fan Sage Scrub Habitat (AFSS), which has been known to support several sensitive species including, but not limited to, the California Gnatcatcher and the San Bernardino Kangaroo rat. • The project site is fragmented from much larger parcels of land to the north that have been specifically identified as prime Alluvial Fan Sage Scrub habitat and set aside for open space and conservation purposes. The City, in cooperation with the County of San Bernardino, has set aside approximately 1,900 acres of land for conservation purposes for Alluvial Fan Sage Scrub Habitat. Further, an additional 1,000 acres has been proposed for conservation 111) purposes. Since the project site is small (8.85 acres) and surrounded by either single-family dwelling units, local roads or the SR-210 freeway, the parcel does not represent prime Alluvial Fan Sage Scrub habitat. A & B37 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 10 ig Than Significant T ant Less Issues and Supporting Information Sources: Potentially wnh Than Significant Mitigation Significant No Impact Incorporated Impact Impact A Biological Reconnaissance Survey was conducted by BonTerra Consulting on May 8, 2009. They concluded that the vegetation on the project site provides potential habitat for a number of wildlife species, including the San Bernardino kangaroo rat (SBKR). Because of the isolation of the site from other open space areas and the minimal quantity of vegetation, the federally threatened coastal California gnatcatcher is not expected to occur on the site. BonTerra Consulting recommended that a habitat assessment be performed by a qualified mammalogist to determine the potential for the SBKR to inhabit the site. On September 5, 2009, Davenport Biological Services conducted a habitat assessment of the site and concluded that the project site occurs within the historic range of the SBKR and recommended a trapping survey to determine whether the SBKR exists on site. Davenport Biological Services conducted trapping surveys between October 27, 2009, and November 1, 2009. While the survey did not trap any SBKR, Davenport Biological Services concluded that the site was suitable habitat for the SBKR and recommended that the loss of native alluvial fan scrub be mitigated at a ratio of 3:1 through the purchase of offsite mitigation land. Bonterra Consulting reviewed the mitigation recommendation by Davenport Biological Services and concluded that compensatory mitigation for SBKR was not necessary for the following reasons: 1) the project site does not support any SBKR; 2) the project site is outside of USFWS designated critical habitat for the species; and, 3) the report notes that because of the site's isolation, recolonization by SBKR is unlikely. Bonterra Consulting, though, goes on to state that because many resource agencies consider AFSS to be a "special status" • vegetation type, and because mitigation is often required as part of a CEQA analysis by the lead agency, they recommend that the loss of AFSS be compensated. the project sites isolation from other areas containing high value habitats, a reasonable mitigation requirement would be 50 percent of the affected AFSS. Of the 8.85 acre site, AFFS was found on 5.8 acres of the site. This translates into an offsite mitigation requirement of 2.9 acres. With the following mitigation, the impact of developing the site is considered less-than-significant: 1) The applicant shall purchase a minimum 2.9 acres of alluvial fan scrub habitat prior to the approval of Rough Grading Permits for the site. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. • f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. • A & B 38 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 11 • • Less Than Significant Less Issues and Supporting Information Sources: pcnificany With Than pp 9 Significant Mitigation SicNo Impact Incorporated Impact Impact 5. CULTURAL RESOURCES. Would the project: • a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) (V) ( ) ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓) outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native • Americans according to the General Plan FEIR (Section 5.11). Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information • Center for permanent archiving. A & B 39 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 12 Less Than • Less Sigmficant n Less Potentially wm Than Issues and Supporting Information Sources: Sic Mitigation rion Significant - Impact Incorporated Impact Impact c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the discing, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or • preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. • A & B 40 • • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 13 • • Less Than Significant Less Issues and Supporting Information Sources: Signifi ant With Than • pp g Significant corporate Significant pa Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS. Would the project • a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as () ( ) (✓) ( ) delineated on the most recent Alquist-Priolo • Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42: ii) Strong seismic ground shaking? ( ) ( ) (V) ( ) iii) Seismic-related ground failure, including () ( ) (/) ( ) liquefaction? iv) Landslides? () () (/) ( ) b) Result in substantial soil erosion or the loss of topsoil? ( ) (✓) ( ) ( ) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (V) or that would become unstable as a result of the project, and potentially result in on- or off-site • landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?. e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone; however, the project site is located in the Buried/Uncertain segment of the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. Although the project site is located in the Buried/Uncertain segment of the Red Hill Fault, subsurface exploration found no evidence of its existence (General.Plan V-23). Because the data cannot support the existence and/or location of this segment, designation of this segment will be applied to critical facilities only. The Cucamonga Fault Zone lies approximately 2.5 miles to the north. This fault is capable of producing a Mw 6.0-7.0 earthquake. Also, the San Jacinto Fault, capable of producing up to 147.5 earthquakes is approximately 7.5 northeast of the site and the San Andreas Fault, capable of up to Mw 8.2 earthquakes, is approximately 10 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. b) The proposed project will require the excavation, stockpiling, and/or movement of on-site • soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown A & B 41 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 14 Less aLess Than • n an Less Issues and Supporting Information Sources: Potentially wpm Than Significant Mitigation Significant No Impact Incorporated Impact Impact sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following • fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM" emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM" emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM" emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM" emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated • with large decreases or withdrawals of water from the aquifer. The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types on-site consist of Tujunga gravelly loamy sand, with slopes ranging from 0 to 9 percent, according to General Plan FEIR Exhibit 5.1-3. Tujunga gravelly loamy sand soils usually have slow to very slow runoff, and the hazard of erosion is slight because of the gravelly surface layer. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga gravelly loamy sand, with slopes ranging from 0 to 9 percent, according to General Plan FEIR Exhibit 5.1-3. Tujunga gravelly loamy sand soils usually have slow to very slow runoff, and the hazard of erosion is slight because of the gravelly surface layer. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system (Cucamonga Valley Water District) for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset • and accident conditions involving the release of hazardous materials into the environment? A & B42 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 15 • Less Than Significant Less Issues and Supporting Information Sources: Pntentianr Witt Than PP g Significant Mitigation Significant Impact Incorporated Impact Inpa t t c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (✓) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) ( ) • ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (7) 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? Comments: • • a) The project will not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less than significant. Further, single-family dwelling units do not create objectionable odors, produce or emit hazardous waste or require the routine transport of large quantities of hazardous waste. No adverse impacts are expected. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. Further, single-family dwelling units do not create objectionable odors, produce or emit hazardous waste or require the routine transport of large quantities of hazardous waste. No adverse impacts are anticipated. A & B 43 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 16 Less Than • Less Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant corporate Significant Da Impact Incorporated Impact Impact c) There are schools located within .25 mile of the project site. The project site is located within .25 mile of the nearest existing or proposed school. Typically, single-family dwelling units do not create objectionable odors, produce or emit hazardous waste, or require the routine transport of large quantities of hazardous waste. No adverse impacts are anticipated. No impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport. The project site is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. The City of Rancho Cucamonga's Fire Protection District has adopted • Ordinance 39 and, by extension as cited in Ordinance 39, the 2001 California Fire Code as the governing documents by which Fire Construction Services, the plan check arm of the Rancho Cucamonga Fire Protection District (RCFD), establishes guidelines and • policies. In Ordinance 39, Section 8 governs the Fire Department Access, which refers to Article 9 of the 2001 Fire Code and the RCFD Standards for Fire Department Access. RCFD Standard 9-7, under section A(11) specifies that a second means of access shall be provided when roadways in single-family residential (SFR) developments exceed 600 feet. Since the proposed subdivision proposes a roadway with a single point of access which measures approximately 750 feet, approval of an alternative method from the Fire District is required in order for an exception to be granted. The applicant applied for an "Application for Alternate Method" because of the subdivision having only one access point in excess of 600 feet. The Fire Construction Services staff (Senior Plans Examiner and Plan Check and Inspection Manager), acting in accordance with Administrative Section of the 2001 Fire Code, Section 103.1.2, placed a condition of approval (FSC-13 Alternate Method) requiring the installation of fire sprinklers in all homes . and garages of the proposed subdivision. This Alternate Method Approval (fire sprinklers) will provide adequate fire protection in a fire event. This additional fire protection provision is considered standard mitigation measures when two points of access are not immediately available. The Fire District's policy for a maximum street length of 600 feet in cul-de-sacs serving single-family dwelling units is standard operation policy; this policy is consistent with other Fire Departments. Beyond that length, either two points of access and/or alternate method acceptable to the Fire Chief must be provided. The applicant has obtained a Fire Hydrant Flow Letter from the Cucamonga Valley Water District stating that the normal static operating pressure for the site ranges from 70 pounds per square inch (p.s.i.) to 78 p.s.i. At the time the test was performed, the residual water pressure was 65 p.s.i. A fire flow test was performed on November 6, 2008, with a 4-inch outlet that yielded 2,392 gallons per minute (g.p.m.) at Oulet #1 and 2,353 g.p.m. at Outlet 2. The calculated fire flow at 20 p.s.i. would yield 16,451 g.p.m. Section 4.1 and Table A-III-A-1 of Division III, Fire Protection, A & B 44 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 17 • Less Than Si nIGCant Loss Issues and Supporting Information Sources: Signncalnt wan an PP 9 Significant Incorporated SiImpct Impact Incorporated Impact Impact Appendix III-A of the 2001 California Fire Code requires flow rate of 2,000 g.p.m. for single-family dwelling units up to 6,200 square feet. The flow requirement can be reduced up to 50 percent when the building is provided with an approved automatic sprinkler system (Section 4.1, Exception). Since the proposed subdivision has been conditioned to provide fire sprinklers on all lots, except those facing Stable Falls Avenue, the fire flow requirement of 2,000 g.p.m. can be reduced to 1,000 g.p.m; at a calculated rate of 3,137 g.p.m. at 20 p.s.i., the available fire flow rate exceeds the minimum requirement. Fire Construction Services, Planning, Engineering and Traffic Departments concur that a master-planned stub street connection provides the best approach to community design for the following reasons: 1) Ultimately, there is a real opportunity to provide two points of access for enhanced fire safety and optimum circulation for the proposed subdivision; 2) The proposed layout incorporates a master plan concept that analyzes the site meeting the goals and objectives of the Development Code and the Etiwanda North Specific Plan. For the reasons outlined and discussed above, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. • 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) ( ) (✓) ( ) requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (V) 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 ( ) ( ) ( ) (V) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? • f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (✓) A & B45 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 18 Less n n Tha • Significant an Sign"caMitigation W'" Than Issues and Supporting Information Sources: Significant Significant No Impact Incorporated Impact Impact g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) . (✓) • loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( )• (✓) • Comments: • a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to the existing water and sewer systems. The State of • California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include • removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. • • Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a Storm Water Pollution Prevention Plan (SWPPP). To comply with the NPDES, the project's construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by MDS Consulting on October 27, 2009, that identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such • as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage A & B46 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 19 • L Than Less e sifcant Less Issues and Supporting Information Sources: Significant wati "IC PP 9 Si Impact coiporion Significant Impact Incorporated Impel Impact system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use . hazardous materials. Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of • grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational: • 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by MDS Consulting on October 27, 2009, to reduce pollutants after construction entering the.storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and • approval prior to the issuance of grading permits. A & 647 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 20 Less Than • Significant Less Issues and Supporting Information Sources: Pclamrant wm Than pp 9 Significant Incorporated Significant Impact Inwrpwalatl Impact Impact b) According to CVWD, 43 percent of the City's water is currently provided from groundwater in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future water facilities. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official • and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape • proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. • e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. •The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following mitigation measures shall be implemented: 1) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the • maximum extent practicable. The WQMP shall identify the structural and A & B48 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 21 • Less Than Sign cant Less Issues and Supporting Information Sources: Potentially cam man PP 9 Significant Mitigation Significant No Impact Incorporated Impact Impact non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 2) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under • the NPDES General Construction Permit. • g) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts.are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan • Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut.by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level •of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (✓) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ( ) ( ) () (✓) or natural community conservation plan? Comments: a) The site is located on the north side of the 1-210 Freeway west of Day Creek Boulevard • and the surrounding area is characterized by vacant land to the west and single-family home development to the north and east. This project will be of similar design and size to A & B49 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 22 Less Than • Significant Less Issues and Supporting Information Sources: Potentially nth Than PP g Significant Mitigation Significant t No Impact Incorporated Impact Impact surrounding residential development to the north. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Residential Low (L). The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan. area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, • development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. • • 10. MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓) mineral resource recovery site delineated on a local • general plan, specific plan or other land use plan? • Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site; therefore, there is no impact. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) (✓) ( ) ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (7) 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? d) A substantial temporary or periodic increase in ( ) (✓) ( ) ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the • project expose people residing or working in the project area to excessive noise levels? A & B50 Initial Study for City of Rancho Cucamonga • SUBTT18744 and Variance DRC2009-00029 Page 23 • Less Than Significant Less Issues and Supporting Information Sources: Potentially wm Than PP 9 Significant Mitigation Significant Impact Incorporated Impact Impel f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (V) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. The project site is within the noise corridor of the 1-210 freeway. Giroux & Associates performed a noise impact analysis for the site dated October 12, 2009. The study found noise levels as high as 79 dB CNEL. The maximum permitted exterior noise level is 60dBA. CNEL is approximately 5.8 dB more conservative than the equivalent dB sound level. The noise impact analysis recommends a sound attenuation wall with a maximum height of 24.5 feet (combination free standing and retaining wall) in order to reduce the outdoor.sound levels to meet City noise standards. Additionally, a suplimentary interior noise analysis is recommended in conjunction with the building plan check to verify that structural noise reduction will be adequate to meet interior noise standards. Advanced Engineering Acoustics performed a third party review of the. noise impact analysis performed by Giroux & Associates and concurred with the study's analysis and that the mitigation measures listed below would reduce exterior and interior noise levels to less-than-significant levels: Exterior: • 1) A solid masonry wall of heights shown in Figure 3 of the sound analysis (Giroux & Associates; October 12, 2009) shall be erected along the southern perimeter of the tract. Interior: 2) An interior noise study shall be performed at time of building plan check to verify that the interior noise levels will be in conformance with the required noise standards. b) The uses associated with this type of project normally do not induce ground borne vibrations. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The • proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. el) The General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 3) Construction or grading noise levels shall not exceed the standards specified • in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times • may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the A & B 51 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 24 Less Than • Significant Less Issues and Supporting Information Sources: Potentially with Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 5) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes • that do not pass sensitive land uses or residential dwellings. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport. Located approximately 6.5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. • f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. • 12. POPULATION AND HOUSING. Would the 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 ( ) ( ) ( ) (V) the construction of replacement housing elsewhere? Comments: a) The project, a 30-lot single-family subdivision, is located in a predominantly developed area and will not induce population growth. To the north are existing single-family dwelling units constructed on lots of similar size. Construction activities at the site will be • short-term and will not attract new employees to the area. No impacts are anticipated. • b) The project site contains no existing housing units. No adverse impact expected. A & B 52 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 25 • Less Than LessTenl - Less Issues and Supporting Information Sources: Pclennant wnn ban PP 9 Significant corporiate SiImpct Impact Incorporated Impact Impact c) The project site is vacant land. No impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (✓) b) Police protection? () () () (✓) c) Schools? () () () (✓) d) Parks? () O () (✓) e) Other public facilities? ( ) ( ) ( ) (✓) Comments: a) The site, located on the north side of the 1-210 Freeway west of Day Creek Boulevard, will be served by Fire Station 173, located approximately 1.25 mile to the south. The project will not require the construction of any new facilities or alteration of any existing facilities • or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The Etiwanda School District and the Chaffey Joint Union High School District serve the • project area. Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the School Impact Fees. With this standard mitigation, impacts to the School Districts are not considered significant. No impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located approximately .5 mile from the project site at the northeast corner of Day Creek Boulevard and Banyan Street. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in • the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FOR (Section 5.9.9), the projected increase in library A & B 53 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 26 Lass Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable - adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the ER was prepared and impacts evaluated. Since the adoption of the General Plan, the City built a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. 14. RECREATION. Would the project: • a) Increase the use of existing neighborhood and ( ) () () (✓) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (✓) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The • nearest park is located approximately .5 mile from the project site at the northeast corner of Day Creek Boulevard and Banyan Street. The proposed single-family subdivision will not cause a significant increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. The impact is considered less-than-significant. b) See a) response above. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ( ) ( ) () (✓) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (✓) service standard established by the county congestion management agency for designated roads or highways? • c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓) either an. increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) ' (V) (e.g., sharp curves or dangerous intersections) or • incompatible uses (e.g., farm equipment)? e) Result in inadequate-emergency access? ( ) ( ) (7) ( ) A & B54 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 27 • Less Than Significant Less Issues and Supporting Information Sources: Potentially cam roan PP 9 Significant Mitigation Significant No Impact Incorporated Impact Impact f) Result in inadequate parking capacity? ( ) ( ) ( ) (✓) g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) supporting alternative transportation (e.g., bus • turnouts, bicycle racks)? Comments: a) Implementation of the proposed project will generate 390 vehicle trips daily. The . proposed project includes the development of 30 single-family residences. The Rancho Cucamonga Traffic Model estimates that each single-family residence will generatel3 average trips daily. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a • substantial increase in the number of vehicle trips, traffic volume or congestion at intersections. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. Fees are used, to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. • b) The Rancho Cucamonga Traffic Model estimates that the proposed 30-lot, single-family dwelling unit will generate 30 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site. No impacts are anticipated. c) Located approximately 6.5 miles northerly of the Ontario Airport, the site is off-set north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of • a disaster. The City of Rancho Cucamonga's Fire Protection District has adopted Ordinance 39 and, by extension as cited in Ordinance 39, the 2001 California Fire Code A & B55 • • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 28 Less Than • Significant Less Issues and Supporting Information Sources: Pagannany With nan PP g Significant corporate Significant pa Impact Incorporated Impact Impact as the governing documents by which Fire Construction Services, the plan check arm of the Rancho Cucamonga Fire Protection District (RCFD), establishes guidelines and policies. In Ordinance 39, Section 8 governs the Fire Department Access, which refers to Article 9 of the 2001 Fire Code and the RCFD Standards for Fire Department Access. RCFD Standard 9-7, under section A(11) specifies that a second means of access shall be provided when roadways in single-family residential (SFR) developments exceed 600 feet. Since the proposed subdivision proposes a roadway with a single point of access which measures approximately 750 feet, approval of an alternative method from the Fire District is required in order for an exception to be granted. The applicant applied for an "Application for Alternate Method" because of the subdivision having only one access point in excess of 600 feet. The Fire Construction Services staff (Senior Plans Examiner and Plan Check and Inspection Manager), acting in accordance with Administrative Section of the 2001 Fire Code, Section 103.1.2, placed a condition of approval (FSC-13 Alternate Method) requiring the installation of fire sprinklers in all homes and garages of the proposed subdivision. This Alternate Method Approval (fire sprinklers) will provide adequate fire protection in a fire event. This additional fire protection provision is considered standard mitigation measures when two points of access are not immediately available. The Fire District's policy for a maximum street length of 600 feet in cul-de-sacs serving single-family dwelling units is standard operation policy; this policy is consistent with other Fire Departments. Beyond that length, either two points of access and/or alternate method acceptable to the Fire Chief must be provided. The applicant has obtained a Fire Hydrant Flow Letter from the Cucamonga Valley Water • District stating that the normal static operating pressure for the site ranges from • 70 pounds per square inch (p.s.i.) to 78 p.s.i. At the time the test was performed, the residual water pressure was 65 p.s.i. A fire flow test was performed on • November 6, 2008, with a 4-inch outlet that yielded 2,392 gallons per minute (g.p.m.) at Oulet #1 and 2,353 g.p.m. at Outlet 2. The calculated fire flow at 20 p.s.i. would yield 16,451 g.p.m. Section 4.1 and Table A-III-A-1 of Division III, Fire Protection, Appendix III- A of the 2001 California Fire Code requires flow rate of 2,000 g.p.m. for single-family dwelling units up to 6,200 square feet. The flow requirement can be reduced up to 50 percent when the building is provided with an approved automatic sprinkler system (Section 4.1, Exception). Since the proposed subdivision has been conditioned to provide fire sprinklers on all lots, except those facing Stable Falls Avenue, the fire flow requirement of 2,000 g.p.m. can be reduced to 1,000 g.p.m; at a calculated rate of 3,137 g.p.m. at 20 p.s.i., the available fire flow rate exceeds the minimum requirement. Fire Construction Services, Planning, Engineering and Traffic Departments concur that a master-planned stub street connection provides the best approach to community design for the following reasons: 1) Ultimately, there is a real opportunity to provide two points of access for enhanced fire safety and optimum circulation for the proposed subdivision; 2) The proposed layout incorporates a master plan concept that analyzes the site meeting the goals and objectives of the Development Code and the Etiwanda North Specific Plan. For the reasons outlined and discussed above, no adverse impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity. No impacts are anticipated. • • A & B 56 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 29 • Less Than Signifcanl Less Issues and Supporting Information Sources: potentially wm Than PP 9 Significant Mitlple Si No Imp act Incorporated Impact Impact g) The project design includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) O (7) 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 ( ) ( ) ( ) (7) 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 ( ) ( ) ( ) (7) . capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (7) regulations related to solid waste? • Comments: • a) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered • significant. A & B 57 Initial Study for City of Rancho Cucamonga • SUBTT18744 and Variance DRC2009-00029 Page 30 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Milipation Significant No Impact Incorporated Impact Impact d) The project is served by the Cucamonga Valley Water District water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) • Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. • g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) (✓) ( ) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, • threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (✓) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ( ) ( ) ( ) (✓) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of • Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that A & B58 • Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 31 • adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects_that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. . c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant • levels. • EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per • Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (7) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (7) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (7) Etiwanda North Specific Plan EIR (SCH #89012314, certified April 1, 1992) . (7) Etiwanda North Specific Plan (Adopted April, 1992) (7) Noise Analysis for Tentative Tract 18032 (Giroux & Associates, October 12, 2009) (7) Third Party Review of Noise Analysis for Tentative Tract 18032 (Marlund Hale, Ph.D. P.E., December 29, 2009) (7) Water Quality Management Plan for Tentative Tract 18744 (MDS Consulting, October 27, 2009) (7) URBEMIS 2007 Study • • (PCR Services Corporation, April 2009) • A & B59 Initial Study for City of Rancho Cucamonga SUBTT18744 and Variance DRC2009-00029 Page 32 • APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. FB Holdings, LLC, Applicant's Signature: By: First Ban Author' edA•.nt Date: 7- .2 7-10 BY � Sa.. �_ t Print Name and Title: � Liz Va W- Vante , SVP • --- - --- _ _ _ _ _ - • • • • • A & B60 • p X° 4 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION. The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: TENTATIVE TRACT MAP SUBTT18744 AND VARIANCE DRC2009-00029 Public Review Period Closes: February 24, 2010 Project Name: Project Applicant: FB Holdings, LLC Project Location (also see attached map): 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. Project Description: FB Holdings, LLC - A request to subdivide 8.85 gross acres of land into 30 single-family lots and a request to allow combination retaining and freestanding wall heights up to 16 feet to reduce freeway traffic noise in the Low Residential District(2 to 4 dwelling units per acre) of the Etiwanda North Specific Plan. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an • Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment.on the proposed Mitigated Negative Declaration during the review period. • February 24, 2010 Date of Determination Adopted By A & B 61 RESOLUTION NO. 10-10 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 18744, 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,AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-161-19, 32, 33, AND 34. A. Recitals. 1. FB Holdings, LLC filed an application for the approval of Tentative Tract Map SUBTT18744, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 24th day of February 2010, and continued to March 10, 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 February 24, 2010, and continued to March 10, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located north of the SR-210 Freeway westbound off ramp at Day Creek Boulevard and the west side of Stable Falls Avenue, with an approximate street frontage of 400 feet and lot depth of 660 feet and is presently vacant. The site generally slopes from north to south with alluvial fan sage brush as the predominant vegetation type; and b. The property to the north of the subject site is developed with single-family residences and is zoned Low Residential; the property to the south is the SR-210 Freeway; the property to the east is developed with single-family residences and is zoned Very Low Residential; the property to west is partially developed with a single-family residence and is zoned Low Residential; and c. The project design meets all required Development Standards of the Etiwanda North Specific Plan; and • d. The site has been evaluated for the occurrence potential of sensitive habitat and protected species. The applicant's environmental consultant recommends that the loss of alluvial fan scrub habitat on the site be mitigated at a rate of 50 percent of the alluvial fan sage scrub habitat A & B 62 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 2 • that will be lost when the site is graded for development. This translates into 2.9 acres of mitigation land (5.8 acres of alluvial fan sage scrub on the site X .5). The level of required mitigation was reduced to less than 1:1 because of the isolation of the project site from other areas containing high value habitat in the City; and e. The applicant has proposed to install fire sprinklers in the homes because the street. length exceeds 600 feet, which will satisfy the requirements of the Fire Code since there will be no secondary access until the adjoining vacant property to the west is developed. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract map is consistent with the General Plan, Development.Code, and_any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract map is not likely to cause serious public health problems; and • f. The design of the tentative tract map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the. imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that • the project will have a significant effect on the environment. The Planning Commission further finds A & B 63 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 • Page 3 that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Pi-ogram for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department • 1) The subdivision will be developed in accordance with plans on file in the Planning Department, as approved by the Planning Commission. 2) The applicant shall purchase a minimum 2.9 acres of alluvial fan scrub habitat prior to the approval and issuance of Rough Grading Permits for the site. To verify compliance, the applicant shall submit written documentation that evidences purchase of the 2.9 acres of habitat. 3) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers,or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition; 4) All perimeter walls shall be decorative and have a uniform design that is compatible with those in the area. 5) All retaining walls visible to public view shall be decorative, such as split-face block or an altemative design, subject to Planning Director • review and approval. A & B64 PLANNING COMMISSION RESOLUTION NO 10-10 SUBTf18744 — FB HOLDINGS, LLC March 10, 2010 Page 4 • 6) A perimeter wall shall be constructed around the subdivision in accordance with the recommendations and mitigation measures made in the acoustical reports by Giroux & Associates, on file with the Planning Department under SUBTT18744. The sound wall shall match the design of the existing sound wall to the east. 7) The applicant shall make a good-faith-effort to obtain permission from the property owner to the east to close the gap between the proposed sound wall and the existing sound wall to the east. If the applicant is not able to secure permission from the adjacent property owner (APN: 0225-411-23), the developer shall submit an alternative design that is acceptable to the Planning Director and is certified by an acoustical engineer to be in conformance with the noise standards of the Development Code. 8) The Developer shall provide written notice, in the form of a disclosure, to each prospective buyer of the Fourth Street Rock Crushing Facility located northwest of the project site. The disclosure shall inform the homebuyerof the use of Banyan Street and Day Creek Boulevard as a truck route to and from the rock crushing facility and the occurrence of truck traffic noise. 9) Perimeter walls shall be placed at the top-of-slope with a 2-foot bench. • 10) The developer shall provide each prospective buyer of corner lots written notice of maintaining the landscaped parkway. The written notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 11) Provide a 5-foot minimum landscape area between the back of the sidewalk and 6-foot block wall on all corner side lots. 12) When an application for development of the subdivision is filed, a detailed indoor noise analysis by a registered engineer shall be submitted to determine the required building upgrades necessary, if any, to meet the City's indoor noise level requirements. 13) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 14) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site during all project-construction. 15) Future house product for the subdivision shall adhere to the architectural guidelines of the Etiwanda North Specific Plan. • A & B65 • PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT1B744— FB HOLDINGS, LLC March 10, 2010 • Page 5 Engineering Department 1) Rodeo Drive, Elkridge Place, Deer Valley Court and Stable Falls Avenue frontage improvements to be installed in accordance with City "Local Street" standards. 2) Revise City Drawing No. 2094 to add catch basins, curbside drain outlets and any drive approach and street tree relocations. Also correct any changes to City standards that may have occurred since more than a year has passed since these plans were approved. 3) Storm drain facilities shall connect with existing storm drain system per Drawing No. 1417-D, which shall be revised per the Final Drainage Report. a) Final Drainage Report shall be reviewed by Caltrans as well as the City Engineer. 4) Provide curbside drain outlets on any lot which will discharge concentrated swale drainage through the right-of-way. a) We prefer a curbside drain outlet for Lot 11 instead of extending a storm drain lateral to collect private run-off from the vacant • property north of Lot 11. 5) The developer shall make a good faith effort to obtain off-site rights-of-way for grading and drainage from the property to the west of Elkridge Place and north of Lot 11 (APN: 0225-161-59). a) Obtain a right of entry to install a private drainage facility north of a perimeter wall placed on the Lot 11 property line, along with agreement by the adjacent property owner to maintain said facility. If unsuccessful,the facility shall be located on Lot 11, in a drainage easement in favor of the adjacent property. Design of said facility shall be to the satisfaction of the Planning Director and Building Official. If on-site facility is north of the perimeter wall, provide a gate for maintenance access by the owner of Lot 11. Inlet to the curbside drain outlet shall be located in front yard of Lot 11; not outside the perimeter fencing. b) Obtain a right of entry to grade to Elkridge Place, per Section K-K on the conceptual grading plan. If successful, revise Drawing No. 2094 (if unsuccessful, install interim property line wall per the existing approved plan). c) Drainage from property to the north of Lot 11 shall be treated per the WQMP prior to entering the public storm drain. • A & B66 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 5 • Engineering Department 1) Rodeo Drive, Elkridge Place, Deer Valley Court and Stable Falls Avenue frontage improvements to be installed in accordance with City "Local Street" standards. 2) Revise City Drawing No. 2094 to add catch basins, curbside drain outlets and any drive approach and street tree relocations. Also correct any changes to City standards that may have occurred since more than a year has passed since these plans were approved. 3) Storm drain facilities shall connect with existing storm drain system per Drawing No. 1417-D, which shall be revised per the Final Drainage Report. a) Final Drainage Report shall be reviewed by Caltrans as well as the City Engineer. 4) Provide curbside drain outlets on any lot which will discharge concentrated swale drainage through the right-of-way. a) We prefer a curbside drain outlet for Lot 11 instead of extending a storm drain lateral to collect private run-off from the vacant property north.of Lot 11.. • 5) The developer shall make a good faith effort to obtain off-site rights-of-way for grading and drainage from the property to the west of Elkridge Place and north of Lot 11 (APN: 0225-161-59). a) Obtain a right of entry to install a private drainage facility north of a perimeter wall placed on the Lot 11 property line, along with agreement by the adjacent property owner to maintain said facility. If unsuccessful, the facility shall be located on Lot 11,in a drainage easement in favor of the adjacent property. Design of said facility shall be to the satisfaction of the Planning Director and Building Official. If on-site facility is north of the perimeter wall, provide a gate for maintenance access by the owner of Lot 11. Inlet to the curbside drain outlet shall be located in front yard of Lot 11; not outside the perimeter fencing. b) Obtain a right of entry to grade to Elkridge Place, per Section K-K on the conceptual grading plan. If successful, revise Drawing No. 2094 (if unsuccessful, install interim property line wall per the existing approved plan). • • A & B67 • PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 • Page 6 6) Drainage from only one lot shall flow through only one other lot. Cross-lot drainage between any two lots shall be contained and conveyed in a concrete, rock-lined swale or 12-inch reinforced concrete pipe. Provide a private drainage easement on the map at all cross-lot drainage locations. Infiltration drainage trench (WQMP) are also acceptable for containment and conveyance of cross lot drainage at locations approved by the Building Official. 7) Homeowners of Lots 14, 17, 25 and 26 shall maintain the proposed parkway and the planting area between the back of sidewalk and the perimeter wall along the side yards. Side yard walls shall not project beyond the front of houses, so these areas are clearly visible to the homeowners. 8) Parkways shall slope at 2 percent from the top of curb to 1-foot beyond the sidewalk along all street frontages, except in locations of approved bio swales.. 9) Temporary fencing at the ends of the streets stubbed for future extension (Elkridge Place) shall extend beyond the street right-of-way, to perimeter wall corners on side yards or building setback lines on front yards (see Lot 12). • 10) Private landscaping plan shall indicate"Street trees to be installed per the public improvement plans." The legend and typical construction notes should only appear on the public plans, including any details and dimensions relating to the bio-swales. 11) Individual homeowners shall be responsible for maintaining all facilities required by the Water Quality Management Plan (WQMP) within the public right-of-way, as provided for in Covenants, Conditions and Restrictions, or said WQMP, recorded prior to or concurrent with the final map. Building and Safety—Grading• 1) The site shall be rough graded to eliminate all cross-lot drainage, (except as shown on the approved Tentative Tract Map). All slopes and retaining walls necessary to accomplish this shall be installed prior to final map approval. A cross-lot drainage easement shall be provided either on the final map or by a separate easement prior to issuance of a Certificate of Occupancy. 2) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard-lined gutters and swales where concentrated flows exceed 3fps and anywhere that flow lines exceed 10 percent. 3) The surface overflow drainage easement on Lot 1 shall be graded to • convey overflows in the event of blockage in the sump catch basin on A & B 68 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 7 • Lot 1 and provisions shall be made for overflows to pass through any walls placed across the easement. 4) Prior to removing fences or walls along common lot lines, and prior to constructing walls along common lot lines, the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 5) The applicant shall provide to the Building and Safety Official a letter of permission to grade for temporary construction onto the adjacent property or a recorded easement for permanent slopes from the affected property owners for all grading on the adjacent property. Water Quality Management Plan (Building and Safety Department) 1) A.Storm. Water Quality Management..Plan.shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading permit. 2) The Water Quality Management Plan dated October 27,2009, prepared by MDS Consulting has been deemed "Approved with Corrections." Please make the corrections noted below prior to recordation of the. document. City staff recommends prior to recording the"Memorandum • of Agreement of Storm Water Quality Management Plan," you requested the document to be reviewed for completeness. Please contact Matthew Addington in the Building and Safety Department for review of the document. a) Section 6 of the Water Quality Management Plan — please use the City of Rancho Cucamonga's"Memorandum of Agreement of Storm Water Quality Management Plan" in lieu of retyping the agreement. The agreement provided contains spelling errors, is missing sentences and references the Engineering Department instead of the Building.and Safety. Department. A copy of the "Memorandum of Agreement of Storm Water Quality Management Plan" may be picked up at the Building and Safety front counter. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. A & B 69 • PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 • Page 8 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project_ Contractors shall also conform to any construction. measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray.. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following.provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter(PM10)emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB)shall be • applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. A & B 70 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 9 • 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) The applicant shall purchase a minimum 2.9 acres of alluvial fan scrub habitat prior to the approval of Rough Grading Permits for the site. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect • or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources,following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a • qualified paleontologist to monitor construction activities, to take A & B 71 PLANNING.COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 • Page 10 appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay,to the site full-time during the interval of earth-disturbing activities: • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. • Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMto emissions from the site during such episodes. 4) Chemical soil-stabilizers(approved by SCAQMD and RWQCB)shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions.. Hydrology and Water 1) Prior to issuance of Grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan • (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction A & B 72 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 11 • activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures. at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California,and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational: • 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by MDS Consulting, October 27, 2009, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. • A & B 73 • PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 12 • • 8) Prior to issuance of Grading or Paving Permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) A solid masonry wall of heights shown in Figure 3 of the sound analysis (Giroux & Associates; October 12, 2009) shall be erected along the southern perimeter of the tract. 2) An interior noise study shall be performed at time of building plan check to verify that the interior noise levels will be in conformance with the required noise standards. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code • Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. • A & B74 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 13 • • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of March 2010, by the following vote-to-wit: AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • A & B 75 �f Ttr x City of Rancho Cucamonga • MITIGATION MONITORING PROGRAM Project File No.: SUBTT18744 and DRC2009-00029 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring • progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 A & B76 • • Mitigation Monitoring Program TENTATIVE TRACT MAP SUBTT8744 AND DRC2009-00029 — FB HOLDINGS LLC Page 2 • • 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to • hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City •with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. • A & B 77 a) eV C • o0 in a .rt; .0 o ., c 0 . • U '71" V .1- CO Z .F N N - N as F �t_ _ k{ 'a C r d C F. t 13 art. •— J a) m • N c . Q Z to O O ': ` . 0- N aC > 0 .2 7 0 L - `" U U 0 0 2 CO 2 > . a 0 1— m co U) W —a .w . 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L_ « a ro j O l0 § 33cn ¢ ¢ i3 W 8�` a c+> o to n c m IEC :ftI d g E m o a E D N 0 s �y O- U y wg s & d 0) m Q U E .101 -N N C N ti c L N ob z O O a CO 0) alt Q m U ❑ O • 0) R f PI"' 0>,, 0. c t- axi > 0 2 �? ❑ U N 1LR O d N U O EIL Z c ._ ft,...,0i f U L - a .WI o 1- m NC t o U s c a I1I! 00w N m I ` h d • a Fr. `o i;^n` A s N . d. N N 1"0 g d m m c d °g • NDa Q fed§ ❑• o O m c m a rsajtµ - m 0 `O Y rdSX s c 0 a m Ual ON E c w -a 0 cla U {{yy.c4 U m '_ o 0 p WAX !] d U m a. LL • a) 4ctw U a U m a0. LL Y sr ,, A & B86 • COMMUNITY DEVELOPMENT ge s.. DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTT18744 AND DRC2009-00029 • SUBJECT: TENTATIVE TRACT MAP SUBTT18744 AND VARIANCE DRC2009-00029 APPLICANT: F. B. HOLDINGS, LLC LOCATION: APN: 0225-161-19, 32, 33, AND 34 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date A. General Requirements • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents,officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No. SUBTT18744 is granted subject to the approval of DRC2009- 00029. 3. Copies of the signed Planning Commission Resolution of Approval No. 10-10, 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. 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration -$2,060.25 X *12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & B 87 • Project No. SUBTT18744 AND DRC2009-0002 • Completion Date 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. 2. Variance approval shall expire if building permits are not issued or approved use has not / /_ commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code • regulations, and the Etiwanda North Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions _/ /_ of Approval shall be completed to the satisfaction•of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / /_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved • use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. • 7. Street names shall be submitted for Planning Director review and approval in accordance with the _/ /_ adopted Street Naming Policy prior to approval of the final map. 8. All building numbers and individual units shall be identified in a clear and concise manner, _/_/ including proper illumination. 9. All parkways, open areas, and landscaping shall be permanently maintained by the property /_/_ owner, homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 10. 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. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc • A & B88 Project No. SUBTT18744 AND DRC2009-00029 • Completion Date 11. 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. 12. Construct block walls between homes(i.e.,along interior side and rear property lines),rather than _/_/_ wood fencing for permanence, durability, and design consistency. 13. Access gates to the rear yards shall be constructed from a material more durable than wood _/_/_ gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 14. For residential development, return walls and corner side walls shall be decorative masonry. / / 15. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The _/ / 5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to issuance of building permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance . requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. D. • Environmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock _/_/_ • Crusher project in a standard format as determined by the Planning Director,prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the 210 and 1-15 Freeways _/ /_ in a standard format as determined by the Planning Director,prior to accepting a cash deposit on • any property. 3. Noise levels shall be monitored after construction to verify the adequacy of the mitigation _/_/_ measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 4. A final acoustical report shall be submitted for Planning Director review and approval prior to the / /_ issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 5. The applicant shall submit certification from an acoustical engineer that all recommendations of _/ /_ the acoustical report were implemented in construction; including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. 6. Mitigation measures are required for the project. The applicant is responsible for the cost of /_/_ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit,or other forms of guarantee acceptable to the Planning Director in the amount of$557 prior to the issuance of building permits,guaranteeing satisfactory performance 3 . LANNING\FINAL\PLNGCOMM\2010 Res & Sif Rpt\SUBTT18744StdCond 3-10.doc • A & B 89 Project No. SUBTT18744 AND DRC2009-0002 • • Completion Date and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. • APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: _/.___/_ . a. Site/Plot Plan; b. Foundation Plan; . c. Floor Plan; d. 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., SUBTT18744 and DRC2009-00029) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/ • Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/__ 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can _/ /_ contact the Building and Safety Department staff for information and submittal requirements. F. 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., SUBTT18744 and DRC2009-00029). 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 • 4 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & B 90 Project No.SUBTT18744 AND DRC2009-00029 Completion Date 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. G. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances /_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. / /_ 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. / /_ / / H. Grading 1. Grading of the subject property shall be in accordance with current adopted California Building _/_/_ Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s)shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work. Two copies will be provided at Grading and Drainage Plan submittal for • review. Plans shall implement design recommendations per said report. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the / /_ time of application for grading plan review. • 4. The final Grading and Drainage Plan,appropriate certifications and compaction reports shall be / /_ completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading and drainage plan check submittal is required for all new construction _/_/_ projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and signed by a California registered Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place / /_ a dust control sign on the project site prior to the issuance of a grading permit. 7. If a rough Grading and Drainage Plan/permit are submitted to the Building and Safety Official for / /_ review,that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be / /_ prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a Grading Permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements / /_ prior to the issuance of a Grading Permit 5 • "PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & B 91 Project No.SUBTT18744 AND DRC2009-00029 Completion Date 10. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance _/ /_ letter(s) from adjacent downstream property owner(s) discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance • of a grading permit. 11. It shall be the responsibility of the applicant to obtain written permission from the adjacent _/ / property owner(s) to construct a wall on the property line or provide a detail(s) showing the perimeter wall(s)to be constructed off-set from the property line. 12. The Grading and Drainage Plan shall implement City standards for on-site construction where _/ /_ possible, and provide details for all work not covered by City Standard Drawings. 13. All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private / /_ property. 14. Private sewer, water, and storm drain improvements will be designed per the latest adopted _/_/_ California Plumbing Code. 15. The final Grading and Drainage Plan shall show existing topography a minimum of 100 feet / /_ beyond the project boundary. 16. The applicant shall provide a grading agreement and grading bond for all cut and fill combined _/ /_ exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 17. The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho _/_/_ Cucamonga handout "Information for Grading Plans and Permit." 18. Grading Inspections: —/ / a. Prior to the start of grading operations,the owner and the grading contractor shall request _/_/_• a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor,and the Building Inspector to discuss the grading requirements and preventative measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The grading contractor shall call into the City of Rancho Cucamonga Building and Safety / /_ Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations; The bottom of the over-excavation; • / /_ H. Completion of rough grading, prior to issuance of the building permit; / /_ Hi. At the completion of rough grading,the grading contractor or owner shall submit to / /_ the permit technicians(Building and Safety front counter)and original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and soils Engineer of Record. iv. The rough grading certificates and the compaction reports will be reviewed by the / / Associate Engineer or a designated person and approved prior to the issuance of a building permit. • 6 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & 892 • Project No.SUBTT18744 AND DRC2009-00029 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0 - 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. Private drainage easements for cross-lot drainage shall be provided and.shall be delineated or _/_/_ noted on the final map. 4. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the _/ /_ final map. J. Street Improvements 1. 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. 2. 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 Rodeo Drive X X X X X X (e) Elkridge Place X X X X X X Deer Valley Court X X X X X X (e) Stable Falls Avenue X X X X (e) 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 3. 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 7 T:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & B93 Project No.SUBTT18744 AND DRC2009-00029 Completion Date 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 deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be _/_/ • installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan _/_/_ check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / /_ accordance with the City's street tree program. K. 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. L. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map / /_ approval or the issuance of building permits,whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the / /_ property from adjacent areas. 8 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & B94 Project No.SUBTT18744 AND DRC2009-00029 • Completion Date 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 POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • SEE ATTACHED 9 • . LANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & B95 �;® off . Rancho Cucamonga Fire Protection District Fl RCS_ Fire Construction Services STANDARD CONDITIONS December 2, 2009 FB Holdings, LLC 12470 Highland North of SR-210 East of Day Creek (26) SFR lots SUBTT18744 Fire Construction Services staff and the Fire Marshal have approved the request for an alternate method, as submitted. All the homes on this site will be required to be equipped with AFS excluding those that face Stable Falls; The homes, garages and attics will be require to be equipped with residential fire sprinklers in accordance with NFPA 13-D. THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. • FSC-1 Public and Private Water Supply Design guidelines for Fire Hydrants: Fire ;hydrants shall be located in accordance with the 2007 California Fire Code, RCFPD Ordinance FD46 and RCFPD Standard 5-10 (formally 9-8). FSC-2 Fire Flow The fire flow for this project will be calculated in gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with 2007 Fire Code, as adopted by the Fire District Ordinance. • FSC-9 Single-family Residential Sales Model homes require approved Fire District vehicle access and water supply from a public or private water main system before construction. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal have approved the request for alternate method, as submitted. All the homes on this site will be require to be equipped with AFS excluding those that face Stable Falls; The homes, garages and attics will be require to be equipped with residential fire sprinklers in accordance with NFPA 13-D. Reference the approved application. 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. A & B96 Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to • the issuance of any building permits: 1. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure in Standard #5- 10. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #5-1 (formally 9-7). All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 3. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to • Fire Construction Services. PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Public Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 3. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. • 2 A & B 97 • RESOLUTION NO. 10-11 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVIING VARIANCE DRC2009-00029, 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 OFFRAMP AT DAY CREEK BOULEVARD AND THE WEST SIDE OF STABLE FALLS AVENUE; AND MAKING FINDINGS IN SUPPORT THERE OF - APN: 0225-161-19, 32, 33, and 34. A. Recitals. 1. FB Holdings, LLC filed an application for the issuance of Variance DRC2009-00029 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 24th day of February 2010, and continued to March 10, 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, and continued to March 10,2010, including written and oral staff reports, .together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located on the west side of Day Creek Boulevard, south of Vintage Drive, with a street frontage of approximately 510 feet on Saddle Tree Place and a lot depth of approximately 530 feet, and is presently vacant land; and b. The application applies to the property located north of the SR-210 Freeway westbound off ramp at Day Creek Boulevard and the west side of Stable Falls Avenue, with an approximate street frontage of 400 feet and lot depth of 660 feet and is presently vacant. The site generally slopes from north to south with alluvial fan sage brush as the predominant vegetation type; and c. The property to the north of the subject site is developed with single-family residences and is zoned Low Residential; the property to the south is the SR-210 Freeway; the property to the east is developed with single-family residences and is zoned Very Low Residential; • the property to west is partially developed with a single-family residence and is zoned Low Residential; and A & B 98 PLANNING COMMISSION RESOLUTION NO. 10-11 DRC2009-00029 — FB HOLDINGS, LLC • March 10, 2010 Page 2 d. The Variance request is to increase the maximum allowable wall height from 6 feet • to 24.5 feet (combination freestanding and retaining wall); and e. Literal enforcement of the wall height limit would cause a physical hardship and practical difficultly for development of the property because of the presence of sound levels from the SR-210 Freeway that exceed allowable limits as prescribed by the Development Code; and f. There are exceptional circumstances applicable to the subject property that do not apply to a majority of properties in the immediate surrounding area, in that the subdivision is located adjacent to an off-ramp to the SR-210 Freeway. Further, the acoustic engineer for the project has calculated that building surfaces will be exposed to noise levels of 79 CNEL along the SR-210 Freeway. These sound levels create exceptional circumstances with regard to achieving an adequate level of sound attenuation and the use and enjoyment of the properties in question; and g. Literal enforcement of the wall height limit would deprive the applicant of privileges enjoyed by other subdivisions in the Low Residential District, in that it would require the applicant to significantly alter the proposed design, including using alternative construction methods and significantly reducing the density of the development. Alternative designs and reductions in density have not been required of other properties in the Low Residential District that are affected by high sound levels from the SR-210 Freeway; and h. The granting of the Variance will not constitute a special privilege inconsistent with the limitations on other properties in the same zone, in that variances for wall heights have been granted to neighboring subdivisions with similar noise conditions; and i. Granting of the Variance will not be detrimental to the public health, safety, or • welfare, in that the Variance provides the means to promote public safety and welfare by providing the necessary sound attenuation required for the subdivision to adequately meet the required exterior noise level standards for properties in the Low Residential District. Additionally, the proposed sound wall will help reduce noise levels for existing property owners adjacent to the project. 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 strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. • A & B 99 PLANNING COMMISSION RESOLUTION NO. 10-11 • DRC2009-00029— FB HOLDINGS, LLC March 10, 2010 Page 3 • d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; • and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department • 1) The Variance approval shall expire if building permits are not issued within 5 years from the date of approval. A & B100 PLANNING COMMISSION RESOLUTION NO. 10-11 DRC2009-00029 — FB HOLDINGS, LLC March 10, 2010 Page 4 2) The applicant shall agree to defend at his sole expense any action • brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents,officers,or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 3) The sound wall shall be built in accordance with the recommendations and mitigation measures made in the acoustical reports by Giroux & • Associates, which is on file with the Planning Department under • SUBTT18744. The sound wall shall match the design of the existing • sound wall to the east. 4) All applicable Conditions of Approval per Resolution No. 10-10 approving Tentative Tract Map SUBTT18744 shall apply. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating • condition so as to reduce operational emissions. The contractor shall • ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction • measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied • either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in • SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • A & 8101 PLANNING COMMISSION RESOLUTION NO. 10-11 DRC2009-00029 — FB HOLDINGS, LLC March 10, 2010 Page 5 • • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent • (approved by SCAQMD and Regional Water Quality Control Board • [RWQCB])daily to reduce Fine Particulate Matter(PM1o)emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) The applicant shall purchase a minimum 2.9 acres of alluvial fan scrub habitat prior to the approval of Rough Grading Permits for the site. • A & B102 PLANNING COMMISSION RESOLUTION NO. 10-11 DRC2009-00029— FB HOLDINGS, LLC March 10, 2010 Page 6 Cultural Resources • 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report,documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report • with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • A & 6103 PLANNING COMMISSION RESOLUTION NO. 10-11 • DRC2009-00029— FB HOLDINGS, LLC March 10, 2010 Page 7 • • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent • (approved by SCAQMD and Regional Water Quality Control Board (RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. • Hydrology and Water 1) Prior to issuance of Grading permits, the permit applicant shall submit, to Building Official for approval, Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a • remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. • • 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to A & B 104 PLANNING COMMISSION RESOLUTION NO. 10-11 • DRC2009-00029 — FB HOLDINGS, LLC March 10, 2010 Page 8 control dust in order to prevent discharge of debris or sediment from • the site. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water • Quality Management Plan prepared by MDS Consulting, October 27, 2009, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. • 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be • submitted to the City for review and approval prior to the issuance of • grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and • Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of Grading or Paving Permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. • Noise 1) A solid masonry wall of heights shown in Figure 3 of the sound analysis (Giroux & Associates; October 12, 2009) shall be erected along the southern perimeter of the tract. 2) An interior noise study shall be performed at time of building plan check to verify that the interior noise levels will be in conformance with the required noise standards. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at • the property line. Developer shall hire a consultant to perform weekly • noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the A & B105 • PLANNING COMMISSION RESOLUTION NO. 10-11 • DRC2009-00029— FB HOLDINGS, LLC March 10, 2010 Page 9 • • Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building.Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 10TH DAY OF MARCH 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary. I,James R.Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, • do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of March 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • A & 8106 City of Rancho Cucamonga - MITIGATION MONITORING PROGRAM Project File No.: SUBTT18744 and DRC2009-00029 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval . are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when,and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon • recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 • A & B107 Mitigation Monitoring Program • TENTATIVE TRACT MAP SUBTT8744 AND DRC2009-00029— FB HOLDINGS LLC Page 2 • 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner.. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting.Forms for an impact issue requiring no further monitoring.will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. • 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any.necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. 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' - v m m O o a. 4'N K 0 U ` a O 9 9 9 O 0 U .c .c a t0 O O 0 :o N CO 'Q CID tD h odo t . S 0 A O a - co ra o d N o m a a a aj a 0 p;�fr9,tFY K 'p' D c !!-r a E 4V U 6 U y n ]� d c • �r O d a U m L g, a np000- (0 a m U O m O • nV o 9 L}C N c U d m O 2 Nd N w 0 C 4 C O O 0 Al O n rn F{'iy' W fD- 3 E S Ea-, `D O U i t c o F. a O U O w • .. 0 •p C m m .0 N p O U Cin g d Q o 47,• ...: .... c o 0 rti y W 0 C 0 > r E o c y m `1 s.C; O 9 .N 9 0 2 2 1.p j O O 0I 9 cn cc iNI N 0 t- 0 0 h Q co! CI V 0 (0 C O Y d c - C 0 t• a0 O 0-o 1n E c a °ct U .2 • t w4E c al U ip m - f U k U D .5 o O fa,,at , 0 U Gl a LL M-wJO OU a 0 m a LL LU d glee • .rz A & B117 • COMMUNITY DEVELOPMENT %yet DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTT18744 AND DRC2009-00029 SUBJECT: TENTATIVE TRACT MAP SUBTT18744 AND VARIANCE DRC2009-00029 APPLICANT: F. B. HOLDINGS, LLC LOCATION: APN: 0225-161-19, 32, 33, AND 34 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date A. General Requirements • 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents,officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole • discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No. SUBTT18744 is granted subject to the approval of DRC2009- 00029. 3. Copies of the signed Planning Commission Resolution of Approval No. 10-10, 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. 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: - a) Mitigated Negative Declaration - $2,060.25 X •C-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & 8118 Project No.SUBTT18744 AND DRC2009-00029 • Completion Date 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. 2. Variance approval shall expire if building permits are not issued or approved use has not _/_/_ commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include / /_ site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Etiwanda North Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions / /_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be /_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision,or approved • use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. Street names shall be submitted for Planning Director review and approval in accordance with the _/_/_ adopted Street Naming Policy prior to approval of the final map. 8. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 9. All parkways, open areas, and landscaping shall be permanently maintained by the property / /_ owner, homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 10. 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. 2 •• I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\SUBTT18744StdCond 3-10.doc A & B119 • Project No.SUBTT18744 AND DRC2009-00029 Completion Date 11. 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. 12. Construct block walls between homes(i.e.,along interior side and rear property lines),rather than / /_ wood fencing for permanence, durability, and design consistency. 13. Access gates to the rear yards shall be constructed from a material more durable than wood _/_/_ gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 14. For residential development, return walls and corner side walls shall be decorative masonry. _/_/ 15. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The _/_/ 5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to issuance of building permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. D. Environmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock _/_/_ Crusher project in a standard format as determined by the Planning Director,prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the 210 and 1-15 Freeways _/_/_ • in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 3. Noise levels shall be monitored after construction to verify the adequacy of the mitigation _/_/_ measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 4. A final acoustical report shall be submitted for Planning Director review and approval prior to the _/_/_ issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate,verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 5. The applicant shall submit certification from an acoustical engineer that all recommendations of _/_/_ the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. 6. Mitigation measures are required for the project. The applicant is responsible for the cost of / /_ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit,or other forms of guarantee acceptable to the Planning Director in the amount of$557 prior to the issuance of building permits,guaranteeing satisfactory performance IP 3• PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & 8120 Project No.SUBTT18744 AND DRC2009-00029 . Completion Date and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. • APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: _/—/- a. Site/Plot Plan; b. Foundation Plan; • c. Floor Plan; d. 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., SUBTT18744 and DRC2009-00029) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ • Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / /_ 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can / /_ contact the Building and Safety Department staff for information and submittal requirements. F. 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., SUBTT18744 and DRC2009-00029). 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 4 • • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & 6121 Project No.SUBTT18744 AND DRC2009-00029 Completion Date 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. G. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances /_/_ considering use, area, and fire-resistiveness. . 2. . Provide compliance with the California Building Code for required occupancy separations. / /_ 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. / /_ H. Grading 1. Grading of the subject property shall be in accordance with current adopted California Building / /_ Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s)shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work. Two copies will be provided at Grading and Drainage Plan submittal for review. Plans shall implement design recommendations per said report. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan review. • 4. The final Grading and Drainage Plan,appropriate certifications and compaction reports shall be _/_/_ completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading and drainage plan check submittal is required for all new construction _/_/_ projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and signed by a California registered Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place /_/_ a dust control sign on the project site prior to the issuance of a grading permit. 7. If a rough Grading and Drainage Plan/permit are submitted to the Building and Safety Official for _/_/_ review,that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be /_/_ prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a Grading Permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements _/_/_ prior to the issuance of a Grading Permit 5 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc • A & 8122 Project No.SUBTT18744 AND DRC2009-00029 Completion Date 10. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance _/_/_ letter(s) from adjacent downstream property owner(s) discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a • drainage study showing the proposed flows do not exceed the existing flows prior to the issuance • of a grading permit. 11. It shall be the responsibility of the applicant to obtain written permission from the adjacent _/_/_ property owner(s) to construct a wall on the property line or provide a detail(s) showing the perimeter wall(s) to be constructed off-set from the property line. 12. The Grading and Drainage Plan shall implement City standards for on-site construction where _/_/_ possible, and provide details for all work not covered by City Standard Drawings. 13. All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private _/ /_ property. • 14. Private sewer, water, and storm drain improvements will be designed per the latest adopted / /_ California Plumbing Code. 15. The final Grading and Drainage Plan shall show existing topography a minimum of 100 feet _/_/_ beyond the project boundary. 16. The applicant shall provide a grading agreement and grading bond for all cut and fill combined _/ exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 17. The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho _/_/_ Cucamonga handout "Information for Grading Plans and Permit." 18. Grading Inspections: —/ / a. Prior to the start of grading operations,the owner and the grading contractor shal•request _/_/_ • a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor, and the Building Inspector to discuss the grading requirements and preventative measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The grading contractor shall call into the City of Rancho Cucamonga Building and Safety / /_ Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations; i. The bottom of the over-excavation; _/ /_ ii. Completion of rough grading, prior to issuance of the building permit; / /_ At the completion of rough grading,the grading contractor or owner shall submit to _/_/_ the permit technicians(Building and Safety front counter)and original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and soils Engineer of Record. iv. The rough grading certificates and the compaction reports will be reviewed by the / /_ Associate Engineer or a designated person and approved prior to the issuance of a building permit. 6 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Sff Rpt\SUBTT18744StdCond 3-10.doc A & B123 • Project No.SUBTT18744 AND DRC2009-00029 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • 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. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map. 4. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the / /_ final map. J. Street Improvements 1. 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. 2. 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 Rodeo Drive X X X X X X (e) Elkridge Place X X X X X X Deer Valley Court X X X X X X (e) Stable Falls Avenue X X X X (e) 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 3. 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 7 f:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc A & B124 Project No.SUBTT18744 AND DRC2009-00029. Completion Date 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 deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be _/ / installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan / / • check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in /_/_ accordance with the City's street tree program. K. 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. L. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map / /_ approval or the issuance of building permits,whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the / /_ property from adjacent areas. 8 •I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stt Rpt\SUBTT18744StdCond 3-10.doc A & B125 • • Project No.SUBTT18744 AND DRC2009-00029 Completion Date 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 POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • O. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/ /_ These areas should be lighted from sunset to sunrise and on photo sensored cell. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING • • CONDITIONS: SEE ATTACHED 9 :\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\SUBTT18744StdCond 3-10.doc A & B126 • 4a-c Rancho Cucamonga Fire Protection tie ,I District Ffr Fire Construction Services STANDARD CONDITIONS December 2, 2009 FB Holdings, LLC 12470 Highland North of SR-210 East of Day Creek (26) SFR lots SUBTT18744 Fire Construction Services staff and the Fire Marshal have approved the request for an alternate method, as submitted. All the homes on this site will be required to be equipped with AFS excluding those that face Stable Falls; The homes, garages and attics will be require to be equipped with residential fire sprinklers in accordance with NFPA 13-D. THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. • FSC-1 Public and Private Water Supply Design guidelines for Fire Hydrants: Fire ;hydrants shall be located in accordance with the 2007 California Fire Code, RCFPD Ordinance FD46 and RCFPD Standard 5-10 (formally 9-8). FSC-2 Fire Flow The fire flow for this project will be calculated in gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with 2007 Fire Code, as adopted by the Fire District Ordinance. FSC-9 Single-family Residential Sales Model homes require approved Fire District vehicle access and water supply from a public or private water main system before construction. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal have approved the request for alternate method, as submitted. All the homes on this site will be require to be equipped with AFS excluding those that face Stable Falls; The homes, garages and attics will be require to be equipped with residential fire sprinklers in accordance with NFPA 13-D. Reference the approved application. 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. • A & B127 Chronological Summary of RCFPD Standard Conditions • PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure in Standard #5- 10. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #5-1 (formally 9-7). All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 3. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to • Fire Construction Services. PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Public Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 3. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. • • 2 A & B128 STAFF REPORT t • PLANNING DEPARTMENT L DATE: March 10, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Larry Henderson, AICP, Principal Planner SUBJECT: REVIEW OF 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: At the Planning Commission meeting of December 9, 2009, a memorandum from the Police Department was considered requesting a review of the business operation of El Loco Cantina & Grill. The Planning Commission subsequently voted in favor of initiating a review of the business operation and a hearing date of January 13, 2010 was set. At that meeting, it was determined that more time was needed to prepare for a thorough hearing of the business operation and related Entertainment Permit. The Planning Commission unanimously voted to continue the hearing to February 10, 2010. On January 25, 2010 staff received a request from R. Bruce Evans (Attorney for Loco Cantina) for a continuance until the regular meeting of February 24, 2010. In summary, the request was for the purpose of allowing time to prepare for the meeting and to accommodate a family obligation. The Commission subsequently approved that continuance request. At the Planning Commission meeting of February 24, 2010, the applicant's attorney again requested a 30-day continuance. The Commission subsequently voted (3-2, Oaxaca and Munoz voted no) to allow only a 2-week continuance to the March 10, 2010 meeting with no further continuances. Since that time, the public hearing has been held open. At the March 10, 2010 meeting, staff will review the attached report which was prepared for the • February 24, 2010 meeting agenda, update the Commission orally with any new information and/or developments, and a presentation will be made by the Sheriff's Department. Items C & D PLANNING COMMISSION STAFF REPORT • DRC2007-00283R AND DRC2007-00284R - EL LOCO CANTINA & GRILL March 10, 2010 Page 2 • CORRESPONDENCE: Because the public hearing of these items was continued to dates specific, no additional legal advertising was required. RECOMMENDATION: Staff recommends revocation of both the Conditional Use and Entertainment Permits by adoption of the attached Resolutions. Respectfully submitted, ! R• ASV Ja s R. Troyer, AICP Pla ning Director JRT:LS/Is Attachments: Exhibit A - Planning Commission Staff report dated February 24, 2010 Draft Resolution for Revocation of Conditional Use Permit DRC2007-00283R Draft Resolution for Revocation of Entertainment PermitDRC2007-00284R • • C & D- 2 STAFF REPORT • 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: REVIEW OF CONDITIONAL USE PERMIT DRC2007-00283R - EL LOCO CAN TINA & 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. EXHIBIT A C & D- 3 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 Dr# 110911079 09/10/09 Fight 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. . • • . C & D- 4 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. • 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 C & D- 5 PLANNING COMMISSION STAFF REPORT DRC2007-00283R AND DRC2007-00284R - 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 17.02.080B of the Rancho Cucamonga Municipal Code. • (Ord. 290§ 1 (part), 1986 • • C & D- 6 • 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 Sheriff's 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 documehtation 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. • C & D- 7 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, 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 • C & D- 8 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 r- 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••.gregation. 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-. :rovided by this development and that she likes the layout shown on the floorplan. Commissioner Wimberly agreed th: It is a usable layout and that it does serve the community. He said it appears the concerns h.. - •een resolved. j Chairman Stewart reported ' 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 a-ample of good planning. Motion: Mtyed by Munoz, seconded by Wimberly, to adopt the Resolution of Approval for • Non-Con F.:action Conditional Use Permit DRC2006-01051 as presented by staff. Motion carried by the foil!.!img vote: AY .a`. HOWDYSHELL, MUNOZ, S . A- _,mWd _ -- -- . __ _._ . DES: N•► ------ ----- • `• p, ., ETCHER - carried A B. CONDITIONAL USE PERMIT DRC2007-00283- EL LOCO CANTINA(FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modifications 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 PC- ' V 'el9 * 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 . . . . . . P LIC COMMENTS `°"''—i------- . 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 • the DRC requires some experience. He recommended Commissioner Wimberly as th alternate. Commissioner Howdyshell supported the /:ggestion and said that the transition is vital. The Commissioners agreed that Chair en Stewart and Commissioner Munoz would remain on the DRC and Commissioner Wimberly w fild serve as Alternate. E. SELECTION OF PLANNIN COMMISSION OFFICERS Chairman Stewart commentlat 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. Y 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 C & D- 10 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 ,k • 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. C & D- 11 • 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 C & D- 12 • 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 afamily 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 C & D- 13 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 C & D- 14 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 • C & D- 15 • 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 and 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 C & D- 16 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-. tation 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 . .to 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 b the designation. He asked for the Commission's consideration for designation per the Municipa;€ode 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 ordinar e. He asked staff to clarify the rules regarding designation requests by non-owners. Mr. Diet! 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` he did. He said the owner did not object. Chairman Fletcher said staff would come bar with a report. Steven Flower, Assistant City Attorney, >-id that the Historic Preservation Ordinance is being reviewed and that this process would b;, olded 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 meeti.:. 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. I Chairman Fletch , thanked her and noted that the Commission does appreciate the help of the public in matte,_'of historic preservation. I Cr MISSION BUSINESS one • • Planning Commission Minutes -7- September 10, 2008 C & D- 17 veer • Vice Chairman Munoz suggested the he 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. vs Motion: Moved by p noz, seconded by Wimberly, tcontinue the public hearing for • DRC2008-00616 to -ra: January 14, 2009 meeting. Mot r'i-carried by the following vote: AYES: FLET f' ' R, HOWDYSHELL, MUNOZ, WART, WIMBERLY NOES: NP/ ABSENT: ..:'410 NE - carried _ * * * * . 4ceC. A 90 -DAY REVIEW OF THE BUSINESS OPERATION RELATED TO CONDITIONAL USE PERMIT DRC2007-00283 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 D. A 90-DAY REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284 - EL LOCO CANTINA (FORMERLY FELIPE'S MEXICAN RESTAURANT)-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval and in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The subject restaurant is located in the Masi Plaza commercial center at 11815 Foothill Boulevard; APN: 0229-011-38 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 C & D- 18 . 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 C & D- 19 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 11 am. 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 11 am 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 C & D- 20 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 C & D- 21 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 future. 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 clip a"bait and switch' in that they sold a restaurant and then became a nightclub. He app,u_slecraTaff for their followup on the issue. FGA ADJOURNMENT 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 C & D- 22 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 awa Sushi and Grill and stated that he supports the application and that he knows the owner • e truthful. John Wood, also a customer, stated he i , 'friend of the owner and that business is slow. He said the owner runs a respectful business a d serves good food. sa Chairman Fletcher closed the pu he hearing. Commissioner Howdyshell cppfiimented that businesses deserve an opportunity to expand and customers enjoy entertain pent. 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-'i 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 Rr olution amending Conditional Use Permit DRC2009-00274 and approving Entertainment Pere it DRC2009-00275 as presented by staff. Motion carried by the following vote: S: FLETCHER, HOWDYSHELL, MUNOZ OES: NONE ,,,,,,..„,.�,�,--- -ABS-ENTrSTEWART, WIMBERLY - carried + + • x 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), 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 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 C & D- 23 The secretary received and filed the report. • B C COMMENT • None • S. 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 thifis excessive and that the fees for minor development should be reviewed and/or streamlined a 'that 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 the s being charged. ADJOURNMENT Motion: Moved by Munoz, seconded by Howdyshell, carried 3-0-2 (Stewart, Wimberly absent) to adjourn. The Planning Cognmission adjourned at 8:35 p.m. Respectfully submit ,d • James R. Toyer, AICP Secretary`` f; Approved: October 14, 2009 • Planning Commission Minutes -5- September 9, 2009 C & D- 24 f f 4 # 1 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 )ffr fpublic 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. 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 .-'.i4-00326R - OMAHA JACKS -A public hearing to examine the business operatiq$ =nsure that it is being operated in a manner consistent with the conditions of approv in a manner which is not detrimental to the public health, safety, or welfare os,em2ferially injurious to properties in the vicinity. The Planning Commission will consider/evocation or modification of the approved Conditional Use Permit. Located within thdustrial Park District (Subarea 7), in the Masi Plaza at 11837 Foothill Boulevard, Suife A - APN: 0229-011-39. Related file: Entertainment Permit DRC2004-00327. T.-0NUANCE REQUESTED E. REVIEW OF ENTERTAINMENT PERMIT REVIEW - DRC2004-00327R-OMAHA JACKS-A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health;safe or welfare or materially injurious to properties in the vicinity. The Planning P ,,, h'. Y� 1 P P tY� 9 Comm scion will consider revocation or modification of the approved Entertainment Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11837 Foothill �,. ,Boulevard, Suite A - APN: 0229-011-39. CONTINUANCE REQUESTED • IP- Planning Commission Minutes -2- January 13, 2010 C & D- 25 Chairman Fletcher opened the public hearing. Richard Avan, representing Etiwanda Gardens, said he is available for • j.r :ns. Chairman Fletcher asked if there are plans to sell the pro.. .se 'ollowing the processing of the • subdivision map. Mr. Avan said they are not planning to sell. Hesaid originally they thought they would expand the Etiwanda Gardens facility, but now they a p*thinking they will find another development use for the property after the economy recovers. . Vice Chairman Munoz noted that the application is pretty routine and did not have any issues. Chairman Fletcher a reed. Motion: Mpatied by Munoz, seconded by Howdyshell, to adopt the Resolution of Approval for Tentativ Parcel Map 19225 as presented. Motion carried by the following vote: AYE FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY • bleES: NONE . ABSENT: NONE - carried C. REVIEW OF CONDITIONAL USE PERMIT DRC2007-00283R- EL LOCO CANTINA&GRILL- kA public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi Plaza at 11815 Foothill • Boulevard - APN: 0229-011-38. Related file: Entertainment Permit DRC2007-00284. Continued from January 13, 2010. REQUEST FOR CONTINUANCE D. REVIEW OF ENTERTAINMENT PERMIT DRC2007-00284R- EL LOCO CANTINA&GRILL- A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider revocation or modification of the approved and Entertainment Permit. Previously approved to allow live nightly entertainment and dancing within an existing restaurant. Located within the Industrial Park District(Subarea 7), in the Masi Plaza at 11815 Foothill Boulevard - APN: 0229-011-38. Continued from January 13, 2010. REQUEST FOR CONTINUANCE. 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 ABSENT: NONE carried Planning Commission Minutes -3- February 10, 2010 C & D- 26 .. . , CASE NUMBER 110913450 SAERIFF'S DEPARTMENT 01 -41iF:tiriWiSarrakaiiiiwcwca%413/.. ASSOCIATED CASE NONE COUNT, OF SAN BERNARDINO,CA l:4:AutittS'i'l I/1:4;DJ,''., t !1..: -.' 1 03600 alatikwerni,•-.;t3,P1 'V ,.. BEAT 04 i REPORT AREA RC014 ----::'•:-,::,::::::,.[.:IT:•:.;;::::::?0:rit:57.4:-":::cr:aax3riasstErictit47111-51.7e2....44.104,erSES'sset , "01.7.19abjaggalateftiSMAtZWer.til:IF z VC23152A 0 VC2315213 Rochester Ave!Church Street.Rancho Cucamonga 0 0 lke 11.06.20091 0038 HRS VC23 1 53 A VC23153B 0 Collision Related 0 Yes 0 No Other PC 647(F) .SI-ISPECr-SMENUM.2;-:g:gZ;;::: Last Name, First Middle Age 1 Date-of-Birth ! Sex 1 Hair Eye i Her ; Wgt ________ 81ftl..K1 9RN i 509 150 llir's License State Address/City/State/Zip CA _ - ..• .. Art el PE''.:?::-.. :;;i :::fi.J....t; '::::1;*'1'. '- . • . . ' Year i Make : Model Color ; License/State I I I Disposition: D Parked and Locked(Per Driver) 0 Stored 2006 ACURA ! XS BLACK ! 1 nw Company: l i I l Released To. Name figiews DU/ 140546903 "HIBBEHWABSON/ItHat,111FilViitt?ili - ': 11 FACE D Normal 0 Flushed 0 Pale 0 Sweaty D Other SPEECH 0 Normal 0 Slurred 0 Sintering ID Incoherent 0 Confused 0 Other BREATH 0 Odor of Alcoholic Beverage 0 None D Other EXITING VEHICLE 0 Lost Balance 0 Used Vehicle to Maintain Balance 0 Other Not observed 4 .,niNi14lit'S' trittikaktillt:aricii!ligW44X4:4:ittalVa7.4f4:W1# g.*P4;l" Have you been drinking? 0 Yes D No I What? Beer I How Much? 2 I When? 2230 HRS-2330 HRS Do you have any physical defects? 0 Yes No , Have you taken any medicine or drugs? 0 Yes 0 No you have any medical problems? 0 Yes 0 No I Are you sick or injured? 0 Yes 0 No .mments: aillitold me he wears contact lenses and glasses but did not have them with him. *::;-:,,Inaiii:-.:;t:4: Zini:sEPANDIASOATEigbsiOaawleggis'atifa02.3.1.;:g3iacsfrimai:2:::::.:al SURFACE,LIGFIT/NG,WEATHER Flat Concrete Sidewalk/Street and Spotlight!Clear %MESA ailMOIMBERCHlil ID Normal IlE Watery E11 Bloodshot Or—NI IleThl 0 Glasses 0 Contact Lenses 3 ?-4" BALANCE EYES CLOSED BLINDNESS 0 Right Eye D Left Eye Internal Clock Horizontal Gaze Nystagmus 0 Yes 0 No Estimate 30 Seconds: 15 Lack of Smooth Pursuit 0 Yes ENo Vertical Gaze Nystagmus 0 Yes 0 No Footwear Athletic 1 Cannot Do Test ID Explain: Describe Turn: Stumble , Or ZS es Me par Ol•VS es es Am Arms Used For Balance E Yes 0 No • SIDAY56-e e _ _,______--------- t Starts Too Soon ID Yes 0 No ole ea Se i11111D alas*ND Sas abaft,in 111113 0:1000 C.::0 . Sin's Off Lir stop'Wilkins RaAnm er••■•■,‘ %ruses Beal-Tee _porting Officer Empti Date R iewed by: Date Prop 115 Qualified I fa.Petersen P0590 i A\\COI 'IEYes 0 No 15- y 53-401 lin. 02 ki . EXHIBITB fc ' f 2/29iiie elsEs__RmscrEL....Tcol—scA14 c & D- 27 - , , • Page of STANDARJZED '1ID GE Y ,8`SII - ONE'ILEGSTAND j - : i 1!7[3ERn3lO3�?osE: 4 Draw Lines to spots touched " a ` � • E E Sways while balancing }I 1 E E Uses arms to balance o I? E E Hopping. E ❑ E Put.foot down D ^ / Forgotr Instructions I - i --.(-(- j h1�rUGT S 7 _ :•:' PRELIMINARY BREATH.TEST fl Refused 0 Nni Aveilahlc. Results: brand/Serial# .193 I.188 I Alco-Sensor IV I#39960 • . . . . , HEIVITCAISTES9TS .,• ❑BREATI-1I-Results: "rest#1 Test 112 Nam.. and Title of person skin°sum le jr Blond,"rl1rine; E BLOOD=8A Kit# 223818g 0128 HRS r7 C.Knight_Blood Lech -__ _._ —_ .. - -- .. -.. —"• ED URINE—Urine Kit# (") ❑REFUSAL—See DMV Refusal Form INCz,Tdt)A'. . . MIRANDA: ❑Yes E No By: WA I Date/Time I Location: NIA 1 NIA What have you eaten today? When did you sleep last? How long? "Fish Tacos"t1900 HRS I "Last Night" About 12 hours. - Tnat have you been drinking? 1 How much? I Time started? Time of last drink? I ❑ E Feel effects: -- aer"Michelob Ultra" 2 • 1 2230 HRS 233D HRS l Yes No • Did you bump your head? I Hoe you been drinking since the^ ident? How much? What? --- 'No" • I NIA I N/A NIA • Does your Vehicle have mechanical problems? .. .__ ... ` Were,you driving the.vehicle? • .. . . :.. . . . ❑Yes ®No Describe: Yes ❑No E Cooperanve ❑+Insulting ❑Combative ❑Other - i SEE ATTACHED NARRATIVE. ■ i i i. 1 t .• j I . . • Continue On CR-2 • 012002 Copyright 0 1993 by San Bernardino County Sheriffs Department-All Rights Reserved DAV 4 • 1 C & D- 28 • CASE NUMBER SHERIFF'S DEPARTMENT County of San Bernardino 110913450 California REPORTING AREA • CA 03600 • RC014 'ODE SECTION CRIME CLASSIFICATION VC 23152 (a)I VC 23152 (b) DUI/DUI +.0B"/ BAC MISDEMEANOR /ICTIM'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 11/06/2009, I was assigned to patrol / 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 are trying to get into the vehicle. After numerous attempts to break the windows another male iliJ t (later identified a I 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. ( tEPORTING OFFICER EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE )eputy C. Petersen P0590 11.06.2009 CPIII iER ACTION: COPIES TO: ❑SD/PD ❑ Other • REMARKS: • ib ❑NO ❑ Detectives ❑ CH t r151B4-401 ReviceEl183(CR2) ❑ DisfiCt Attorney ❑ Patrol • C & D- 29 • CASE NUMBER SHERIFF'S DEPARTMENT County of San Bernardino 110913450 California REPORTING AREA CA 03600 RC014 • ODE SECTION CRIME CLASSIFICATION VC 23152 (a)/VC 23152 (b) DUI /DUI +.08% BAC MISDEMEANOR 'ICTIM'S NAME- LAST NAME,FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS PEOPLE OF THE STATE OF CALIFORNIA .DDRESS PHONE NUMBER Officer Statements (Continued): • Deputy R. Wright initiated a traffic stop by using his solid red light. 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 / 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, al 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. IMO 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 allIg 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. PORTING OFFICER EMPLOYEE it DATE REVIEWED BY TYPED BY ROUTED BY DATE rputy C. Petersen P0590 11.06.2009 CPlll HER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: • YES ❑NO ❑ Detectives ❑ CII • 1515-401 Revised 1/53(CR2) ❑ District Attorney ❑ Patrol C & D- 30 • SHERIFF'S DEPARTMENT CASE NUMBER County of San Bernardino 110913450 California REPORTING AREA. • CA 03600 � RC014 CODE SECTION CRIME a /VC 23152 (b) CLASSIFICATION VC 23152 ( I ( I DUI/DUI +.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 P.A.S. Advisal 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 opiniotalliwas 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 ato the West Valley Detention Center for booking. 'Nsposition of Vehicle: • vehicle was released to 11111111 nano 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. Re usal 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: an 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 sheriffs evidence at the Rancho Cucamonga Police Station. • =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: 100 NO ❑ Detectives ❑ CII 1518x401 Revised 1193(CR2) ❑ DistrlctAnomey ❑ Patrol C & D- 31 SHERIFF'S DEPARTMENT CASE NUMBER • County of San Bernardino 110913450 California REPORTING AREA • CA 03600 RC014 DOE SECTION CRIME CLASSIFICATION VC 23152.(a)/VC 23152 (b) DUI/DUI +.08%BAC MISDEMEANOR CTIM'S NAME-LAST NAME,FIRST NAME,MIDDLE NAME OR FIRM NAME IF BUSINESS PEOPLE OF THE STATE OF CALIFORNIA JDRESS 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: and-were 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 fot more information. Disposition: Case cleared by arrest. Forward this report to the San Bernardino County District Attorneys Office for -eview and filing. • • • • ( } ORTING OFFICER EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE mty C. Petersen P0590 11.06.2009 CPIII ) (ER ACTION: COPIES TO: -❑SD/PD ❑ Other REMARKS: ES ❑NO ❑ Detectives ❑ CII • - ne4-401 Revised vas(CR2) - ❑ District Attorney 0 Patrol C & D- 32 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA • CA 03600 Page 1 RC 6 :ODE SECTION I CRIME CSSIFICATION ✓C 23152 (a),(h) +.08 %BAC I LA Misdemeanor /ICTIM'S NAME-LAST NAME • FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) People of the State of California - XL/DRESS 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 . e individuals as they began00000000 to yell and scream as they walked towards vehicle. We continued to watch the subject's specifically one who was wearing a red baseball cap. A subject later identified as was extremely loud and appeared belligerent. The subjects arrived at a black Acura. While waiting to enter the vehicle 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 aajalliale, approached and attempted to calm him down. -placed his arms around4 pulled him away from the truck and towards his vehicle. S 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. -lbegan 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. EPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE lark 86735 1210812007 ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD Y a ❑ NO ❑ Detective ❑ CII ❑ Other :15184401 Rev. 1/63 ❑ Dist.Atty. ❑ Petrol C & D- 33 CASE NO. SHERIFF'S DEPARTMENT COUNTY'OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA CA 03600 Page 2 • RC 4 CODE SECTION CRIME CLASSIFICATION VC 23152 (a). (b) I DUI +.08 °k BAC M!SD VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) People of the Smote of 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 driver, 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. ® immediately stated he was not driving the vehicle. I looked ate, 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, a, had jumped from the driver's seat and moved to the rear portion of the vehicle. SPORTING OFFICER DATE { REVIEWED BY TYPED BY ROUTED BY DATE lark B6735 11/0612009 4ER ACTION: REMARKS • COPIES T0: ❑ Other ❑ SD/PD YES ❑ NO ❑ Detective ❑ CII ❑ Other -15184-401 Rev. 1/C3 ❑ Dist.Atty. El Patrol C & D- 34 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 • CALIFORNIA REPORT AREA • CA 03600 Page 3 RC 4 CODE SECTION CRIME CLASSIFICATION VC 23152 (a), (o) DUI +.08 % 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 wither. I made contact withand MIS. As I spoke wits. through 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 had --- - -- anc111111111111R both exit the vehicle and sit on the curb. Deputy Petersen was then contacted in reference to the evaluation ofa possible DUI driver. OBSERVATIONS: I spoke to both' and while they sat on the curb.Sail a year old, told me he and his friends had been at El Loco Cantina for the last couple qp ours. ad consumed multiple alcoholic beverages while at the cantina. 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. . . • • 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 and 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. tEPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY ' DATE :lark 86735 11/0612009 ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD .. - ❑ NO ❑ Detective ❑ CII ❑ Other 5-15184-401 Rev. 1/83 ❑ Dist.Atty. CI Patrol C & D- 35 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA CA 03600 Page 1 • :ODE SECTION CRIME CLASSIFICATION JC 23152(a), 23152(b) DUI, +.08"/ BAC MISDEMEANOR JICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE SUPPLEMENTAL REPORT ASSIGNMENT/.ARRPVAL: 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: At 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 asaanimm, 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 MEM walked over and put his arm aroundiSs shoulders then walked to the front of the black Acura with him. then walked track to the truck and punched the driver's side window several more times with his right fist. a 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 to m to tell him to get inside the vehicle. As the two were talking between the vehicles, 111111111111 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. ?PORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY I DATE WRIGHT4 W2800 11/06/09 I GM-B7568 —,HER ACTION: - REMARKS COPIES TO: ❑ Other ❑ SD/PD • YES ❑ NO ❑ Detective ❑ CII ❑ Other 151B4 Dist.Atry. ❑ Petrol Rev. 1/83 C & D- 36 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA CA 03600 Page 2 C SECTION RIME CLASSIFICATION I VC 23152(a), 23152(b) I DUI, +.08% BAC I MISDEMEANOR VICTIM'S NAME-LAST NAME FIRST NAME . MIDDLE.NAME !FIRM NAME IF BUSINESS) ' ADDRESS RESIDENCE PHONE i OBSERVATIONS /CONTINUED): a was driving the black Acura and not 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. •AFFIC STOP: • At approximately 0038 hours, while driving northbound on Rochester Avenue behind the Acura, I activated the red lights 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. . MOM was now sitting in the backseat directly behind the driver's seat. I advised MUM 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 aiii 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 REVIEWED BY TYPED BY I ROUTED BY I DATE R.WRIGHT 4 W2800 11106109 GM-57568 F"^THER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD J• ❑ NO I ❑ Detective ❑ CII ❑ Other 15-15184-4D1 Rev. 1/83 0 Dist.Atty. ❑ Petrol C & D- 37 .. - CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110913450 CALIFORNIA REPORT AREA CA 03600 Page 3 • :ODE SECTION • CRIME CLASSIFICATION VC 23152(a), 23152(b) DUI. +.08°L BAC I MISDEMEANOR JICTIM'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 askedlliallt 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: 'Deputy Petersen (11X5), arrived on-scene at approximately 0041 hours to evaluate • IMPOSES. 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 orb he placed him under • arrest for Driving Under the Influence of an Alcoholic Beverage. We placedIS ancalalif 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. • :EPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE t.WRIGHT-#W2800 11/06/09 I GM-67568 --THER ACTION: REMARKS • COPIES TO: ❑ Other ❑ SD/PD ) YES ❑ NO ❑ Detective ❑ CII ❑ Other 5-15184-401 Rev. 1/83 El Dist.Ally. ❑ Patrol C & D- 38 • • I15-10603-Rev_522(CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER-STATION SHERIFF'S DEPARTMENT I] M PC 647F PUBLIC INTOXICATION 110914132 I''TOUNTY OF SAN BERNARDINO,CA ❑ Other NIFORM CRIME REPORT 4 ASSIGNED MO-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT 7.REPORT DIST. J611000 11/21/2009 23:43 11/21/2009 23:43 04 74 •URRED DAY-OF-WEEK/MO-DAY-YEAR/TIME 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE . CITY SAT 21/2009 23:43 11/21/2009 23:43 11815 FOOTHILL BLVD, RANCHO CUCAMONGA CODES FOR BOXES 128 22 ARE: V = VICTIM W = WITNESS RP = REPORTING PARTY DC = DISCOVERED CRIME IP = INVOLVED PARTY ✓ 11.NAME:LAST.FIRST MIDDLE(FIRM NAME IF A BUSINESS) 12. 13.RESIDENCE ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE C STATE OF CALIFORNIA, v T M 15 OCCUPATION 16.RACE/SEX 17.AGE 18.DDB M-0-VR 19.BUSINESS ADDRESS-STREET-CITY-ZIP 20.BUSINESS PHONE I 21.NAME:LAST FIRST,MIDDLE(FIRM NAME IF BUSINESS) 22. 23.RESIDENCE ADDRESS-STREE1-CITY-ZIP 24.RESIDENCE PHONE T . N E s 2.OCCUPATION 6.RACE/SEX 27 AGE 2P.DOB M-D-YR 29.BUSINESS ADDRESS STREET CITY-ZIP 30.BUSINESS PHONE 5 I 31.SUSPECT NO.1 LAST,FIRST MIDDLE 32 RACE/SEX 33.AGE 34.HEIGHT 35.WEIGHT 36.HAIR 37.EYES 38.DOB M-D-Y 39.ARRESTED 40.INTERVIEWED ant H/M 20 5111" 200 BLK BRO YES D NO D YES ENO S U 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS S , P 43,SUSPECT NO.2 LAST,FIRST MIDDLE 44.RACE/SEX 45.AGE 46.HEIGHT 47.WEIGHT 48.HAIR 49.EYES 50.DOB M-O-Y 51.ARRESTED 52 INTERVIEWED E D H/M 22 6'00" 165 RED BRO a E YES ❑ NO ❑YES ENO T S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 2 5$-"GHEGK:iF6MORENJ&NIEb'-9NtONIIIISIfAtith-r141 ©YES;M .inINO' ro:i'i'G ✓F :Y J'6$:+,RODIPJONALIObai1ATAON,4l VIG`iii »'Iaw1TN56 A©©S ioffk ':l9Tfi1ER'E'? I 577 PHYSIGACBEUJOE&BEREbOk+ERBdvkINES's"agI{.10m1 "'b HOTOGRAPHSTAKENF'D'KEsP41ENNQ -tfrFlWmc '"s 9B7.L°4TENT11PRINT itig"TED k-ESt -3❑PTO-i • I01i ll46'COL " Y -63+MAKE ,yi 6 4 MQ 65BODWPEr 6tCYE.d67S1A E- S, AMAGEDDD N9AtoE53Q1E5 ' 'r= t ' _S1 $srT F z " R=s : " ?gre ct " R ' }a� > a. ,- >is > `f-. .t_M>k3F 1.t A?. rarkgt�3x ?c.,--k� : i e x,. ,t= a :: ;r Y s, ). a. BERY WEAPON: ❑ FIREARM ❑OTHER DANGEROUS WEAPON LOCATION,0 HIGHWAY DOTHER BUSINESS 0 SERV.STATION ❑ CUTTING INSTRUMENT 0 STRONG ARM ❑CONVENIENCE STORE ❑RESIDENCE 0 BANK ❑MISC. C 70.ASSAULTS WEAPON: ❑FIREARM ❑ KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET 0 SIMPLE/NO INJURY R 71.BURGLARY 0 NIGHT ❑DAY ❑ FORCIBLE ENTRY ❑ ENTRY-NO FORCE 0 RESIDENCE ❑VEHICLE M ❑UNKNOWN ❑ ATTEMPT BY FORCE ❑NON-RESIDENCE(BUILDING) E 72.LARCENY 0 PICKPOCET ❑ SHOPLIFT ❑ MOTOR VEHICLE PARTS ❑ FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH ❑ FROM MOTOR VEHICLE •❑ BICYCLES ❑ FROM COIN-OPERATED MACHINES ❑ALL OTHERS 73.PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY,NOTES $ TV,STEREO,ETC. $ CONSUMABLE GOODS $ S & JEWELRY $ - FIREARMS $ LIVESTOCK $ . T VALUES CLOTHING,FURS $ HOUSEHOLD GOODS $ OTHER MISC. $ A T OFFICE EQUIPMENT - $ ❑ IDENTIFIABLE PROPERTY TAKEN D 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 Y arrested for public intoxication. N % O P S S ty P ./.REPORTING OFFICER 78.EMP./4 79.DATE ' B0.REVIEWED BY DATE 81.ROUTED TO ALLISTER C7825 • 11/21/2009 ❑SUBMIT IMEDIA EFO ❑DTFIER ❑IMMEDIATE FOLLOW UP ORTING OFFICER IS 115 QUALIFIED YES ❑NO ARS RIr2S'i-STAT,,,SCAN C & D- 39 - - - • SHERIFF'S DEPARTMENT CASE NO. COUNTY OF SAN BERNARDINO, CALIFORNIA - 11 091 41 32 CA 360000 PAGE 1 OF 1 SUSPECT CONTINUATION REPORT • 1.SUSPECT NO.1 LAST,FIRST F 12.RACE/SEX 13.AGE 4.HEIGHT 5 WEIGHT 1 6.HAIR 7.EYES 8.DOB M-D-Y S.ARRESTED 10.INTERVIEWED H/M 19 6100" 300 BLK BRO YES ONO DYES 0 NO 11.RESIDENCE ADDRESS-STREET-CITY-ZIP 12.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 97786 1 13.SUSP 4 RACE/SEX 15.AGE 16.HEIGHT 17,WEIGHT 18,HAIR 19.EYES 20.DOB M-D-Y 21.ARRESTED 22.INTERVIEWED OYES OJO OYES ONO 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 25.SUSPECT NO.1 LAST,FIRST MIDDLE 26.RACE/SEX 27.AGE 28.HEIGHT 29.WEIGHT 30.HAIR 31.EYES 32.DOB M-D-Y 33.ARRESTED 34.INTERVIEWED OYES 0J0 OYES ONO 35.RESIDENCE ADDRESS-STREET-CITY-ZIP 36.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS / 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 EYES 540 EYES ENO 1' 47.RESIDENCE ADDRESS-STREET-CITY-ZIP 48.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 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 OYESONO EYES ONO 59,RESIDENCE ADDRESS-STREET-CITY-ZIP - 60.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS '.SUSPECT NO.2 LAST,FIRST MIDDLE 62.RACE/SEX 63.AGE 64.HEIGHT S.S.WEIGHT 66.HAIR 67.EYES 68.DOB M-D-Y'fig,ARRESTED •70.INTERVIEWED OYESONO DYES ENO • 71.RESIDENCE ADDRESS-STREET-CITY-ZIP 72.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 73.SUSPECT NO,1 LAST.FIRST MIDDLE 74.RACE/SEX 75.AGE 76.HEIGHT 77,WEIGHT 78.HAIR 79.EYES 80.DOB M-D-Y 81.ARRESTED 82.INTERVIEWED DYES EC EYES END 83,RESIDENCE ADDRESS-STREET-CITY-ZIP 84.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS -. 85,SUSPECT NO.2 LAST,FIRST MIDDLE 86,RACE/SEX 87.AGE 8B.HEIGHT 89,WEIGHT 90.HAIR 91,EYES 92.DOB M-D-Y 93.ARRESTED 94.INTERVIEWED ❑YES�JD D'ES EI10 95.RESIDENCE ADDRESS-STREET-CITY-ZIP 96.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 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 ❑1'ES ONO OYES END 107.RESIDENCE ADDRESS-STREET-CITY-ZIP 108.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS TD9.SUSPECT NO.2 LAST,FIRST MIDDLE 110.RACE/SEX 111.AGE 112.HEIGHT 113.WEIGHT 114.HAIR 115.EYES 116.DOB M-D-Y 117,ARRESTED 118.INTERVIEWED ❑'ES EJO EYES ENO 119.RESIDENCE ADDRESS-STREET-CITY-ZIP 120.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 121.SUSPECT NO.2 LAST,FIRST MIDDLE 122,RACE/SEX 123.AGE 124.HEIGHY125.WEIGHT 126.HAIR 127.EYES 128.DOB M-D-Y 129,ARRESTED 130.INTERVIEWED OYES a0 OYES ENO /31.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 C & D- 40 CASE NO. SHERIFF'S DEPARTMENT • COUNTY OF SAN BERNARDINO 110914132 CALIFORNIA REPORT AREA CA 03600 Page 1 SECTION N CRIME CLASSIFICATION P>*647F PUBLIC INTOXICATION _ MISDEMEANOR VICTIM'S 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 ittoxication level. • SPELT #1 CONTACT: S as seated in the back right passenger seat of the vehicle. Immediately when I spoke to Leal he a a 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 and slightly incoherent. At that time contacted the other subjects in the car,Mt and a. It was obvious that those subjects were intoxicated as well. I then asked Oao 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. Sdvised 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. Svalked 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 °URTHER ACTION: REMARKS . COPIES TO: ❑ Other ❑ SD/PD • ❑ NO ❑ Detective ❑ CII ❑ Other 15.15184-401 Rev. 1/53 ❑ Dist.Any. El Patrol • C & D- 41 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: - 111■11111- I spoke to 1111111111 originally when he was seated in the back passenger side of the vehicle. Naranjo displayed signs and symptoms of being extremely intoxicated. Mr 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 Ile to step out of the vehicle so I could speak to him about what is going on. a could not . • open the door so I opened the door for him and asked him to step out. MS almost tripped and fell. 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 told to step up off the roadway so we could place him out of danger. At that tima with My assistance holding onto his shoulders, stepped up on the curb and I conducted a pat down frisk of Se 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 Swas 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. L 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 hadSexit 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 oh the door to stabilize his body. 3EPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE VI. MCALLISTER C7826 12/02/09 C7391 :URTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD YES ❑ NO ❑ Detective ❑ CII ❑ Other :5-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • • C & D- 42 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914132 CALIFORNIA REPORT AREA CA 03600 Page 3 • C CTION CRIME CLASSIFICATION P�F PUBLIC INTOXICATION MISDEMEANOR • VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE In speaking to S 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. At 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 so 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. dilitalis 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. • •UTY 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 he increasingly became more intoxicated. When we arrived at the West Valley Detention Center, I attempted to ask OW.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 C7391 • cURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ( ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol • C & D- 43 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914132 • CALIFORNIA REPORT AREA CA 03600 Page 4 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 ran *was 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 alkoaltilp it 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. ea almost 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 gale 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 111114001k condition, I felt it was necessary to take a blood sample of SIMMS 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. 1 was also cite released at the scene and taken away AMR to the hospital. BOOKING: • Due to WO and Pak 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: COPIES TO: Oth REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Any. ❑ Patrol C & D- 44 , 16-10603AOI R.v.3/07 ICRII 1.CODE SECTION 2. CRIME DEFINITION 3. CASE NO. CRIME CODE OF NEWFF•S DEPARTMENT OM //!/7//D�/ COUNTY OF SAN BERNARDINO.CA Ar'OmN //f/Gi���i UNIFORM CRIME FORT 4.ASSIGNMENT MO:DAV.YEAR TIME 5. ARRIVED MD.•OA/]'-YEAR TIME 6.B/EAST ).RE TDI,S,T, /� 03800 I/9/0(N/ Z�/ 7p0,9/ On 7j (o "' �C/7T 8. OCCURRED DAY.OF.WEEK/MO.OAY-YR.TM/ 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY %f�U/L /D9/Do� /z3/o a1!l/ars�Z�2 /q/<l-✓C/771//// / d/J Ca CODES FOR BOXES 12 6 22 ARE: V - VICTIM W-WITNESS RP- REPORTING PARTY DC . DISCOVERED CRIME IP •INVOLVED PARTY Y I I. NAME:LAST,FIRST MIDDLE IRRM IF A BUSINESS' 12. 13. RESIDENCE ADDRESS-STREET-GT'-ZIP 14. RESIDENCE PHONE 1 C T nn 1 1 ^Y I ZIP 20. BUSINESS PHONE I• IS. OCCUPATION SE% 17. AGE 18. DOB M O•VP 19. BUSINESS ADDRESS-STREET-CITY-ZIP W 21. NAME:LAST,RRST MIDDLE(FIRM IF A BUSINESSI 22. 23.RESIDENCE AODRESS.STREET-CITY-ZIP 24,RESIDENCE PHONE I r^ N I4 I 1 $ ATION /SEX 27. AGE f 25. 005 M-O-YR 29. BUSINESS ADDRESS'STREET.CITY'DP 30:BUSINESS PHONE S 31. SUSPECT NO. 1 LAST.FIRST MIDDLE 32. RACE/SEX 33. AGE 34. HT 36. WT 36. HAIR 37. EYES 36. DOB 39, ARRESTED 40.INTEMAEW DYES ONO °YES DUD • S . $ 41, RESIDENCE ADDRESS'STREET.CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS P E 43. SUSPECT NO.2 LAST,FIRST)MIDDIE 44. RACE/SEX 46.AGE 46.NT 47. WT 46,HAIR 49. EYES 50.DOE 51.ARRESTED 52,IIITEVIEW C T DYES ONO DYES ONO S ' 53. RESIDENCE ADDRESS'STREET.CITY-ZIP 54,CLOTHING AND OTHER IDENTIFYING MARXSICHARACTERISTICS 5. CHECK IF MORE NAMES IN CONTINUATION WWI YES D NO 5O 66. ADDITIONAL INFORMATION D VICTIM °WITNESS D OFFICER f�OTHER 7. PHYSICAL EVIDENCE RECOVERED DYES ,%NO 68. PHOTOGRAPHS TAKEN ,BIYES ONO 59. LATENT PRINTS LIFTED OYES .gNO D. VEHICLE 81. COLOR 62. YR. 63, MAKE 64. MODEL 65.BODY TYPE 86. LICENSE 8).STATE 65,DAMAGE/ODOOYIACCE950NE3 DVy' ° 69, ROBBERY WEAPON: D FIREARM C)OTHER DANGEROUS WEAPON LOCATION:0 HIGHWAY 0 OTHER BUSINESS DSERV.STATION O CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE °RESIDENCE °BANK DMISC, C 70. ASSAULTS WEAPON: D FIREARM 0 KNIFEICUTTING INSTRUMENT D OTHER DANGEROUS WEAPON ' D HANDS/FEET D SIMPLE/NO INJURY A I 71. BURGLARY DNIGHT °DAY 0 FORCIBLE ENTRY 0ENTRRNO FORCE 0 RESIDENCE DVEHICLE IA 0UNKNOWN D ATTEMPT BY FORCE O NONRESIDENCE(BUILDING) E 72. LARCENY °PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS D FROM BLDG:NOT SHOPLIFT OR MACHINES D PURSE-SNATCH D FROM MOTOR VEHICLE D BICYCLES 0 FROM COIN-OPERATED MACHINES D ALL OTHERS 73. PROPERTY STOLEN STOLEN STOLEN TYPES CURRENCY.NOTES I TV,STEREO,ETC. t • CONSUMABLE GOODS I $ & JEWELRY I FIREARMS 4 LIVESTOCK 1 T VALUES CLOTHING I HOUSEHOLD GOODS I OTHER MISC. I A OFFICE EQUIPMENT 1 O IOEN9FIABLE PROPERTY TAKEN °NCIC ENTRY COMPLETED TOTAL I T S 74. DOMESTIC VIOLENCE INJURIES: DNONE D IN °MAJOR WEAPONS: OTES ONO T5. PEACE OFFICER ASSAULTEOIARSON O YES. IF YES,COMPLETE BOXES 1,2.3,4,AND 34 OR 35 ON CRA FORM 75. SYNOPSIS T/ ga(44/14') /91-€71/76 // •2;,_7"-/-r.� .9tgr,i,C gu-5i.-] mss 4.-r/2 WI-74 ,Y,7 g//acvE.c LA/ Dog- -7'22 .NO*Mgnn /c€8sc ca.4' t7� - 7:2M-62/0)4v.,441-4 7-0/jo 35' • s ssc.cn1757 7v «/rb--„S .t//S . 5,17//g-r",41/-74-2 �'/i inclu e, q .b//a.rtes, rte/- -,sic (2 N {��W Arne t C'9flh, .n-tt b,.67 'n ,9n.- A4aty2401 Ivr1/ 5tc�2z7-7:Z lie__ P (S /p) vv'S�i9� L0Acz4 ' sgv�/ » nom _f 7i �/ //s Ess 5scu2,7 wrs s 2 .-977(2227/277.-977(222.-977(2227/277,-)-0 r,7 Sc c.",7_7--(�//4)��7n >-/€ 14%',1-47/E.-,,g7";/ -rti/ ; d G /P Sit/Li/7-6 %/5 ✓'//>./fo S(y 7,' ,4- A!-sc7 /449 7"; 726,-.),77, 6-stelUn o / (2/ )(449o// t�steece °F°�R.2? ��hr9i✓J UPr y /� DATE /2/SC / »/s D J, R PORTING OFFICER T0. EMP.• 79. GATE HBO.REVIEWED BY DATE Bl.ROUTED TO J�L//) /� 111 O SUBMIT TO D/A T ' TCpC��,, A/ h0&� O,f/Ot- cam. L/2-thol °IMMEDIATEFOLLOW UP f-/CC - BS. REPORTING OFFICER 16,, 83. GANG RELATED OYES NO2) • IS I IB QUALIFIED y•ES ONO rY 41.Sp (,T•$wrkN--- C & D- 45 gar. • 4 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110911079 • CALIFORNIA • REPORT AREA CA 03600 Page 1 CODE SECTION CRIME CLASSIFICATION INC INCIDENT - I OTHER VICTIM'S NAME-LAST NAME FIP.S1 NAME MIDDLE NAME (FIRM NAME IF BUSINESS) • ADDRESS RESIDENCE PHONE ASSIGNMENT / ARRIVAL: IOn September 10, 2009, I was assigned to work uniformed patrol in the City of Rancho Cucamonga. I was wearing a Class "A" Deputy Sheriff uniform arid wearing a marked Sheriffs 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 treated I was told that had declined any further treatment and any other medical aid. • REPORTING PARTY INTERVIEW: GALLARDO, JOSE • While I was speaking with 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 ISISISO if he had been treated by paramedics on scene and he told me yes. I asked,if 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. esaid he arrived to the Loco Cantina and attempted to gain entry. He said he was stopped at the door by a security guard, , and told he was not allowed him. en said Cliatold him he was no 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 09/25/09 C3084 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS Other ❑ SD/PD ❑ YES . ❑ NO ❑ Detective ❑ CII ❑ other 15-1518a-001 Rev. 1/83 ❑ Dist.Any. ❑ Patrol • • C & D- 46 • • • SHERIFF'S DEPARTMENT. - COUNTY OF SAN BERNARDINO CASE NO. 110911079 CALIFORNIA REPORT AREA CA 03600 Page 2 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 REPORTING PARTY INTERVIEW (Continued): • ale said his shirt was untucked but after speaking with_ he tucked his shirt in arid asked.if he could enter the club now. -saicallilateld 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 toal 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 tole that he wanted to get into he club and efused him entry. -I said he was told once again that he did not meet the dress club standards. - said he was upset and felt this was unfair. ISIS told me he stood outside the club and was told to leave S. Y • continued to stand at the location and was told ballilleS that he could wai outside as ong as he wants but wasn't coming into the club. - said he would call the police if there were issues and told him he didn't need to call the police because they could handle the problem • themselves. I askellillialliwhy 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.1.111111.1 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 Me if he had been to the club before and he told me yes. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. OUTLAW 00519 09(25109 C3084 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SDIPD OYES ❑ NC) ❑ Detective ❑ CII ❑ Other :515184-401 Rev. 1/B3 ❑ Dist Atty. ❑ .Palm! C & D- 47 CASE NO. SHERIFF'S DEPARTMENT 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,- allii 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.®said 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 asker 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. ORS said his brother and a friend had arrived to the location but they were not standing near the area where the confrontation occurred. • I aske—if at any time he fought back or hit either of the security guards and he told me no. 1 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 TYPED BY I ROUTED BY DATE A.OUTLAW 00519 09/25/09 03084 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-001 Rev. 1/83 ❑ Diel.Atry. ❑ Patrol • C & D- 48 • • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO CASE NO. 110911079 CALIFORNIA REPORT AREA CA 03600 Page 4 • CODE SECTION CRIME I 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 alla is a security guard at Loco Cantina. He said while he was working tonigt- was working the front door of the business.am 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 he noticed that was involved in an argument with a subject that was attempting to enter the club.111.1 said he recognized the subject a . said has been to the club several times and has been spoken to about his inappropriate cot mg e ore. • said when he saaMilaWarguing wit -he walked over to the location in an attempt to assist.;tated 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.WIMMIND tucked the shirt in and was later seen inside the club with the shirt untucked. ME said he told enerWith all due respect your not appropriate dressed to enter the club." He said he also tole) to please go home and change his shirt and they would be more than happy to let him into the club.o 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. said he told o remove his hand and not to touch him. ecame very ag tated and raised his voice and began • • arguing with both of the security guards. se said he told that he would have to leave the location andlaille refused. statetarted to make a scene and was blocking the doorway area. 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 tclie they gave him several chances to leave the location however he refused to do so. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. OUTLAW 00519 09125109 C3084 FURTHER ACTION: COPIES TO: Oth REMARKS ❑ er ❑SD/PD YES ❑ NO ❑ Detective ❑ CII ❑ Other -'- 5-15104-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol C & D- 49 • CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110911079 • CALIFORNIA REPORT AREA CA 03600 Page 5 CODE SECTION CRIME CLASSIFICATION INC fNCIDENT I OTHER • VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • INVOLVED PARTY #1 INTERVIEW (Continued): OM said he stood in front of and with his hands was motioning for him to move towards the parking lot area.a) flung his hand and arm towardsijfs face. nig said he believed was trying to assault him.— grabbed...IWO with both hands and wrestled him to the ground to keep him from hitting him. OM sail fell to the ground and his face hit the planter area located in front of the business. told mE) continued to fight and resist.sir and told to quit resisting.. stated.he feared if he released thaw would continue to fight and hit him said he continued to control ' and tried to calm him. ISD remained on the ground ands anS assisted to his feet. He said they started to wall towards the parking lot area and—'pulled away from them and struggled...1i said placed into a head lock and told him to calm down. IE said as— was trying to contro.' 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 an were told to go back to the front of the business and resume their duties by the manager. said he believed he was going to be assaulted bale. He said he did everything in his power to getalr to leave peacefully. He said he requestedalliallieave the. location approximately four times. -E saicalliall. refused to leave the premises. allp said refuses to obey the club rules. I asked if he sustained any injuries during the incident and he said he did not. umpE 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 I ROUTED BY I DATE A.OUTLAW 00519 09/25/09 C3084 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD • . 0 YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184401 Rev. 1/B3 ❑ Dist.Any. ❑ Patrol C & D- 50 . SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO CASE NO. 110911079 CALIFORNIA REPORT AREA CA 03600 Page 6 CODE SSECTION CRIME CLASSIFICATION INC I INCIDENT OTHER VICTIMS NAME-LAST NAME FIRST NAME MIDDLE NAME /FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE INVOLVED PARTY #2 INTERVIEW: • FUENTES, ANDREW • Ill Iffialiis 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 VMS 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. illa 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. said when he talked with tonighi�t the front door he told him the shirt he was I. 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. Min 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 doo ucked his shirt in and said, "I'm going in and your not going to stop me."ISM said a exp ained ti) that he would let him into the club if he changed shirts. said he explained ti0 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 ROWED BY DATE A. OUTLAW 00519 09125109 C30B4 FURTHER ACTION: COPIES TO: ❑ Oth REMARKS er ❑ SDIPD 0 YES ❑ NO ❑ Detective ❑ CII ❑ Other 5-15184-401 Rev. 1/83 ❑ Dist.Ally. ❑ Petrol . C & D- 51 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110911079 • CALIFORNIA REPORT AREA CA 03600 Page 7 • CODE SECTION CRIME CLASSIFICATION INC INCIDENT I OTHER VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE 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 and told—if he was not going to comply with the dress code he was going to have to leave. MIIMO refused to leave and said they would have to move him if they wanted him to move. • said he an aske to please move from the location again and he refused to do so. He said whil was speaking witralUMMIIM placed his hand gn_s shoulder...a tolcilIMMINgnot to touch him and to remove his hand from his shoulder. continued to explain to that he would be let in if he changed his shirt. — refused to change and refused to move from the location. MIF held his hands to his side and was motioning for to move towards the parking lot area. flung his • hand and arm-towards_s face.MIS aid grabbed and held him to keep • from being hit. • • was being held by and continued to struggle and fight. too to the ground in an attempt to keep him from fighting.; aid he assisted was attempting to kick and flail. saiWillivas able to get off oil...I an UMW laid near the planter in front of the business. aid he and— assisteaWYto his feet and began to escort him to the parking loan egan fighting again. aid he was afraid that he or_were going to be hit a 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. SIWI) ignored their commands. —ontinued to hold in a head lock and told him to calm down. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A.OUTLAW 00519 09/25109 C3084 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-081 Rev. 1183 ❑ Dist Any. ❑ Patrol • C & D- 52 • CASE NO SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO NO. CASENO079 CALIFORNIA REPORT AREA CA 03600 Page 8 CODE SECTION I CRIME I CLASSIFICATION INC I INCIDENT OTHER VICTIMS NAME•LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME IF BUSINESS) ADDRESS RESIDENCE PHONE • INVOLVED PARTY #2 INTERVIEW f Continue&: i said the manager came out of the business...NW reieaset 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._) said he was beaten and was going to call the police. - • I askece if he had any idea boy 3 sustained his injuries. He believed -received the injuries when he was taken to the ground when he attempted to hit a. He said he believed his face may have hit the planter area located in front of the business. I asked fa-if at any time he halitIFIRIPP with a closed fist or if he sallehit him with a closed fist and he told me no. I askew if he had any injuries and he told me no. I asked 1im hit him and he saillinlaD kicked him and pushed him. ISO 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 o-O's injuries. DISPOSITION: Report taken for documentation only. • REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE A. OUTLAW 00519 09/25/09 C3084 FURTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SDIPD OYES ❑ NO ❑ Detective ❑ CII ❑ Other • . - 1515184-401 Rev. 1/83 ❑ DIet.Any. ❑ Patrol C & D- 53 • • SHERIFF'S DEPARTMENT - COUNTY OF SAN BERNARDINO.CALIFORNIA 1. CASE NUMBER-STATION COMPLAINT-DISPOSITION REPORT - PROPERTY RELEASE /w9//doi 79 • 2. CODE 3. CPIMEI 4. CLASSIFICATION IO�VCWS- 1 CS./VICTIM NAME/OTHER LAST,FIRST MIDDLE IFIRM NAME IF BUSINESSI B ADDRESS:STREET,CITY,ZIP Cl RESIDENCE O BUSINESS 7, PHONE NUMBER 8.-SUSPECT NAME4: LA = e 9. RACE/SEX 10. AGE 11.HEIGHT 12. WEIGHT 13, HAIR 14. EYES I S. DOS S B IS, RESIDENCE ADDRESS'.STREET,CITY,ZIP 17, CLOTHING A DI HES IDENTIFYING MARKS/CIIAIIACTERISTICS P E I B. SUSPECT NAME 2: LAST,FIRST,MIDDLE 19 RACE/SEX 20. AGE 21, HEIGHT 22, WEIGHT 23, HAIR 24. EYES 25. 000 C T S 20, RESIDENCE ADDRESS:STREET,CITY.ZIP • 27. CLOTHING IS OTHER IDENTIFYING MARKS/CHARACI ERISTICS 2E1 ADEL NAMES D YES 29.ROBBERY WEAPON: ICI FIREARM CI OTHER DANGEROUS WEAPON LOCAL ION' 0 HIGHWAY D OTHER BUSINESS • 11 SERVICE G1411ON Cl CUTTING INSTHIIMFNI Cl TTRUNG ARM Cl CONVENIENCE.SI ORE D RESIDENCE CI SANK 0 MISC 30. ASSAULTS WEAPON: D FIREARM D KNIFE/CUTTING INSTRUMENT Cl OTHER DANGEROUS WEAPON O HANOSFEET D SIMPLE WO INJURY C R 31. BURGLARY CI NIGHT DDAY CI FORCIHLE ENTRY 0ENTRYWO FORCE C)RESIDENCE I 0 UNKNOWN ET ATTEMPT BY FORCE Cl NONRESIDENCE(BUILDINGI M _ _ E 32. LARCENY D PICKPOCKET CI SHOPLIFT CI MOTOR VEHICLE PARTS CI FROM BLDG:NOT SHOPLIFT OR MACHINES - S 0 PURSE-SNATCH D FROM MOTOR VEHICLE C1 BICYCLES DFROM COIN-OPERATED MACHINES CALL OTHERS . T 33. PROPERTY RECOVERED RECOVERED RECOVERED A T TYPES CURRENCY,NOTES I TV,STEREO,ETC. I CONSUMABLE GOODS.. $ S AND JEWELRY I FIREARMS I LIVESTOCK t VALUE CLOTHING.FURS E ' HOUSEHOLD GOODS 4 OTHER MISC I OFFICE EOUIPMENT . Cl NCIC ENTRY COMPLETED TOTAL PROPERTY RECOVERED t 34.ARSON . PROPERTY VALUE PROPERTY VALUE PROPERTY VALUE A TYPES SINGLE RESIDENCE 6 INOUSTRIAL/MANUF. i OTHER STRUCTURES ,. i R AND OTHER RESIDENCE 6 OTHER COMMERCIAL I MOTOR VEHICLE S • VALUE STORAGE 6 PUBLIC BUILDINGS t OTHER MOBILE. s CI INHABITED BUILDING CI UNINHABITED/ABANDONED BUILDING TOTAL OTHER LOST i I_D 35.PEACE OFFICER 0 ASSAULTED 3 KILLED BY FELONIOUS ACT 0 KILLED BY ACCIDENT/NEGUGENCE INJURIES: D YES 0 NO WEAPONS: 0 FIREARM D KNIFE/CUTTING INSTRUMENT Di Cl OTHER DANGEROUS WEAPON D HANDS AND FEET • .A ASSIGNMENT: 0 2HAAN VEHICLE D 1-MAN VEHICLE • D OFT/SPEC D OTHER VEHICLE A DALONE DASSISTED • S TYPE OF ACTIVITY: DDISTURBANCE Cl BURGLARY D ROBBERY DOTHER ARRESTS D CIVIL DISORDERS D HANDLING PRISONERS T 0 SUSPICIOUS PERSONS/CIRCST. OAMBUSH Cl MENTALLY DISTURBED 0 TRAFFIC STOPS 0 ALL OTHERS 30.COMRNNT INFORMATION - 137.DATE 38. DEPUTY DISTRICT ATTORNEY 39. CHARGES FILED O CASE REVIEWED AND COMPLAINT FILED D COMPLAINT REJECTED- SEE REJECTION SUP 40.NCTY,SAYRNESSES RECONTACTED 41. DATE D VICTIM/SI O CASE REVIEWED AND FOUND TO BE COMPLETE.LETTER BENT C 0 WITNESSIESI O NO NEW LEADS.INFORMATION.OR SUSPECTS IDENTIFIED 0 0 NEIGHBORHOOD/AREA CHECKED 0 VICTIM ADVISED THAT PROSECUTION NO LONGER DESIRED M 42. COMMENTS /J-� / 0 1: L /� fTl 67 _ 72c1-17,99C, " fr(10 5-3--5 - A . N T COMMENTS P R • El • 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 LICENSE NUMBER MISCELLANEOUS L111...''' 43. DISPOSITION: yp rvO ADDITIONAL LEADS O CASE UNFOUNDED D CASE CLEARED BY EXCEPTIONAL MEANS D CASE CLEARED BY ARREST ❑PROPERTY RELEASED • L 44. REPORTING OFFICER 45, EMPLOYEE NO. 4B. DATE 47.REVIEWED BY DATE ,i;q I/ T`oC-17t/c67-' OVr5!9, af/oc 7t- q/24$1°q e 15-03687401 Rn.9194 1044) DISTRIBUTION: Original- Reco/tls Copy- Station Files C & D- 54 15.1o903-Rev.e/92 fGR1) I1 CODE SECTION 2 CRIME DEFINITION 13.CASE NUMBER-STATION 0 F PC 242 BATTERY SHERIFF'S DEPARTMENT o M 110914361. - r OF SAN BERNARDINO,CA ❑ Other M CRIME REPORT q,ASSIGNED MD-DAY-YEAR TIME 15 ARRIVED MO-DAY-YEAR TIME 16 BEAT 17.REPORT DIST. 3soono 00:00 00:00 04 074 ._ 8 OCCURRED DAY-OF-WEEK/MO-DAY-YEARRIME :9.REPORTED MO-DAY-YEAR TIME • -10.LOCATION OF OCCURRENCE CITY SAT 11/1412099 02:00 11127/2009 00:00 11815 FOOTHILL BLVD SUITE E.,RANCHO CUCAMONGA SAT 11/14/2009 02:00 CODES FOR BOXES 12822 ARE: V e VICTIM W = WITNESS RP = REPORTING PARTY DC = DISCOVERED CRIME IP = INVOLVED PARTY ✓ 11.NAME'LAST,FIRST MIDDLE(FIRM NAME IF A BUSINESS) ' 12 113,RESIDENCE ADDRESS-STREET-CITY-ZIP .14 RESIDENCE PHONE • SEE CONTINUATION, V T M15.OCCUPATION IS RACE/SEX 117 AGE 115.DOH M-D-YR 110 BUSINESS ADDRESS-STREET-CRY-ZIP 20.BUSINESS PHONE I W21.NAME'.LAST FIRST.MIDDLE IFIRM NAME IF BUSINESS) . . 22 123 RESIDENCE ADDRESS.STREEI-CITY-ZIP 24.RESIDENCE PHONE V N , E S 25 OCCUPATION :20 RACE/SEX '2i AGE JP.DOB M-D YR 129 BUSINESS ADDRESS.STREET-CI'IY ZIP 130 BUSINESS PHONE S 1 31.SUSPECT NO 1 LAST.FIRST MIDDLE 132.RACE/SEX :33.AGE 134.HEIGHT 135 WEIGHT 36.HAIR 137.EYES '38 BOB M-D-Y 139.ARRESTEDI4D.INTERVIEWED UNKNOWN ! DYES O NO;O YES 0 NO 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 44 RACE/SEX 145.AGE 46.HEIGHT 47 WEIGHT 48.HAIR k9.EYES 150.DOB M-D-Y 151.ARRESTED 152.INTERVIEWED C ID YES N01 0 YES ❑NO T 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS . 55.CHECK IFMORENAMESINCONTINUATION 'OYES 0NO ` 564ADDITIDNALVNF.ORMATJON )0MICTR1 0)/VITNEBS nOFRICER 'DSITHER .1:57.PHYSICALEVIDENCERECOVERED DYES h IN0 " 'SB PHDTOGRAPHSTAKENV2 WESA'--RONO r °514: TIRRINTST_1E4tDr r�P(ES 0NB ' �HICLE 61 COLOR ,62 YR 83 MAKE 64 MODEL SIRODY'tYPE L(CE'NSE 4g5 647'STATE 1 B.VAMAGEIODDfi1.1, SSOWES { , A." ,m.:..t yt ,:;* ,' „. ;'4 Y , . - 1e.eai _ Td+ _ - Y 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION:O HIGHWAY OOTHER 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 J51 HANDS/FEET lir SIMPLE/NO INJURY R ❑ ENTRY-NO FORCE 0 RESIDENCE ❑VEHICLE ___ 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY • 0 UNKNOWN 0 ATTEMPT BY FORCE ,., _0 NON-RESIDENCE(BUILDING) E• 72.LARCENY • 0 PICKPOCET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH ❑ 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 E. JEWELRY $ FIREARMS $ LIVESTOCK $ - T VALUES CLOTHING,FURS $ HOUSEHOLD GOODS $ . OTHER MISC. ' $ T OFFICE EQUIPMENT $--- _- ____-_._.. 0 IDENTIFIABLE PROPERTY TAKEN O NCIC ENTRY COMPLE I ED TOTAL $ S - 74.DOMESTIC VIOLENCE INJURES ❑NONE 0 MINOR 0 MAJOR WEAPONS: 0 VES 0 NO 75.PEACE OFFICER ASSAULTED/ARSON 0 YES IF YES,COMPLETE BOXES 1.2.3,4,AND 34 OR 35 ON CR-4 FORM. 76.SYNOPSIS 1114-09 AT APROXIMATELY 0200, WEST WAS EXITING THE LOCO CANTINA&GRILL WITH A FRIEND WALKING TO THEIR VEHICLE. S 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 " PHISICAL AND AND HIS FRIEND WERE JUMPPED BY APPROXIMATELY 10 ASIAN MALE ADULTS.WEST WAS KNOCKED o P UNCONSCIOUS D NG THE ALTERCATION. SEVERAL Olga FRIENDS CARRIED HIM TO HIS VEHICLE.THE UNKNOWN ASIAN MALE S ADULTS FLED THE SCENE IN TII 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 - 78.EMP.6 79.DATE • 60.REVIEWED BY - DATE 81.ROUTED TO - �'J n OSUBMRTO DIA ❑OTHER " w/S 1 fl 1- ___ 1,02800 11 0 1 .�_.--___ ❑IMMEDIATE FOLLOW UP __.--_._- B2.REPORTING OFFICER Q YES ❑NO IS 115 QUALIFIED C & D- 55 CASE NUMBER SHERIFF'S DEPARTMENT 110914361 County of San Bernardino California REPORTING AREA CA 03600 RC 074 • • • • ODE SECTION CRIME CLASSIFICATION 'C242 BATTERY Misdemeanor ICTIMS.NAME- LAST NAME.FIRST NAME.MIDDLE NAME OR FIRM NAME IF BUSINESS ;EE CONTINUATION -- — -- ODRESS 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 ,t and entered into traffic on Rochester Ave. We radioed for a marked unit to conduct a traffic stop on • we 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 I-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 witl- n 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 W2800 112709 • "?THER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: • X YES ❑NO ❑ Detectives ❑ CII 15-15184-401 Revised 1123(CR2) ❑ District Attorney ❑ Patrol C & D- 56 CASE NUMBER SHERIFF'S DEPARTMENT 110914361 • County of San Bernardino • California REPORTING AREA • CA 03600 - RC 074 • I CODE SECTION CRIME CLASSIFICATION PC242 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 West 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 W2800 112709 - HER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: ..;YES ❑NO ❑ Detectives ❑ CII ` • 1515184-001 Revised 1183(CR2) ❑ District Attorney ❑ Patrol , C & D- 57 / n. 11.106e-Rw.MW2(W1) I.CODE SECTION pc 245(A)(1) 2.CRIME DEFINITION .3.:CASENUUMBER-STATION SHERIFFS DEPARTMENT M PC 496 ASSAULT WITH DEADLY WEAPON; POSSESSION OF 4:'':r,-? W00307 COUNTY OF SAN BERNARDINO,CA 0 Other PC,12021 . STOLEN PROPERTY; FELON.IN POSSESSION OF rc.,..-.‘, • UNIFORM CRIME REPORT 4.ASSIGNED MO-DAY-YEAR TIME 5.ARRIVED MO-DAY-YEAR TIME 6.BEAT 7.REPORT DIST4r 34pp00 01/09/2010 00:23 . 01/09/2010 00:23 04 RC074 5.OCCURRED DAY-OF-WEEK/MO-DAY-YEAFUTIME 9.REPORTED MO-DAY-YEAR TIME 10.LOCATION OF OCCURRENCE CITY SAT 01/09/2010 D0:23 01/09/2010 00:23 11815 FOOTHILL BLVD,RANCHO CUCAMONGA CODES FOR BOXES 12 622 ARE: V e VICTIM W = WITNESS RP = REPORTING PARTY DC = DISCOVERED CRIME IP c INVOLVED PARTY y 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 I- 1 ▪ 15.OCCUPATION 16.RACE/SEX 17.AGE 15.DOB M-D-YR 19.BUSINESSAODRESS-STREET-CITY-ZIP 20.BUSINESS PHONE W 21.NAME:LAST FIRST.MIDDLE(FIRM NAME IF BUSINESS) 22. 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE NT SEE CONFIDENTIAL, W E s 25.OCCUPATION 26.RACE/SEX 27.AGE 28.0013140-YR 29.BUSINESS ADDRESS-STREET-CITY-2IP I30.BUSINESS PHONE 5 31.SUSPECT NO 1 LAST,FIRST MIDDLE - 32.RACE/SEX 33,AGE 34.HEIGHT 35.WEIGHT 136.HAIR 137.EYES 138.DOB M-O.Y 139.ARRESTED 40.INTERVIEWED I -„Q DYES 0 NO 0 YES 0 NO $ I U 41.RESIDE --"°FFT-GITY-2FP 42.CLOTHING AND OTHER IDENTIFYING IFYING I MARKS/CHARACTERISTICS S I ' .. . 7;1141.4 - P 43.SUSPECT m... IS.AGE 46.HEIGHT 47.WEIGHT 46.HAIR 149,EYES 50.DOB MOR 51.AHHES TED 152.INTERVIEWED . . C I - ..... - . - B YES O NOI O YES 0 NO T j 5 , . 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 OYES ONO 56.ADDITIONAL INFORMATION 0VICTIM @WITNESS @OFFICER 0 OTHER I 57.PHYSICAL EVIDENCE RECOVERED DYES 0 NO 58.PHOTOGRAPHS TAKEN 11'YES Ld NO 59,LATENT PRINTS LIFTED DYES IXI NO N la VEHICLE 61.COLOR 62.YR. 63.MAKE 64.MODEL 05.BODY TYPE 5`° ' 67.STATE 68.DAMAGE/ODDITY/ACCESSORIES ✓ LJV BLUE 1988 TOYOTA TRUCK 1 . ,,,yii , CA Ds • 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS WEAPON LOCATION:0 HIGHWAY ❑OTHER BUSINESS ❑SERV.STATION 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE ❑RESIDENCE 0 BANK 0 MISC. C 70.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET 0 SIMPLE/NO INJURY R 71.BURGLARY 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ENTRY-NO FORCE 0 RESIDENCE 0 VEHICLE M 0 UNKNOWN 0 ATTEMPT BY FORCE 0 NON-RESIDENCE(BUILDING(_ E 72.LARCENY 0 PICKPOCET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS 0 FROM BLDG:NOT SHOPLIFT OR MACHINES 0 PURSE-SNATCH 0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES 0 ALL 0I HERS 73.PROPERTY STOLEN STOLEN ., STOLEN TYPES CURRENCY.NOTES S TV,STEREO,ETC. S CONSUMMABLE GOODS S S 6 JEWELRY S FIREARMS S LIVESTOCK $ • T VALUES CLOTHING,FURS S HOUSEHOLD GOODS S OTHER MISC. S T OFFICE EQUIPMENT $ ❑ IDENTIFIABLE PROPERTY TAKEN NCIC ENTRY COMPLETED TOTAL S S 74.DOMESTIC VIOLENCE INJURIES 0 NONE 0 MINOR 0 MAJOR WEAPONS: 0 YES 0 NO 75.PEACE OFFICER ASSAULTED/ARSON 0 YES IF YES.COMPLETE BOXES 1,2,3.4.AND 34 OR S5 ON CR-4 FORM. 76.SYNOPSIS On the above date and time SuspectSr andalll were going to the bar Loco Cantina.Witnesses saw a fight break out in the parking lot and s positively identified as being involved.The Security guard of the complex observedhflt display a firearm in his right hand and point it at Y several people.The suspect ilinandAS got into there vehicle and drove out of the area at a high rate of speed.Deputies were able to catch N up to the vehicle and make a felony traffic slop at Milliken Ave and Foothill Blvd.Upon making the stop suspect ialli slide across the seat and P Mm went into the driver seat. Both suspects were taken into custody with out incident.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 jurisdiction. rn ris a s convicted felon and on active CDC parole.Se was booked for PC 182(a)(1)and Ila was booked for the above charges. 77.REPORTING OFFICER 78.EMI..a 7B.DATE 50.REVIEW DBT DATE 51 IRROWED TO G LAING C7870 01/09/2010 1,k1' ' )�`� 4 SUBMIT TO FO DM 0 OTHER • LJ SUBMIT FOLLOW UP 82.REPORTING OFFICER a YES 0 NO (' ��� IS REPORTING LIFTED 1✓ 72' '7 CRSP i Ps ARS RMS%,,STAT'&SCAN_ C & D- 58 • • CASE NO. • SHERIFF'S 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(x)(1), conspiracy to be filed on suspectelleithia. ASSIGNMENT/ARRIVAL: • On 01/09/10, I was assigned to uniformed patrol in the City of Rancho Cucamonga as 11 P14. 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 eput his right hand across the bench, slide across the seat into the passenger seat and the other suspects slide into the driver's seat. • REPORTING OFFICER DATE - REVIEWED BY TYPED BY ROUTED BY DATE G. LAING C7670 01/11/10 C7391 FURTHER ACTION' COPIES TO: REMARKS • ❑ Other ❑ SD/PD •YES ❑ NO ❑ Delechve ❑ co ❑ Other 1S-15184-101 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol C & D- 59 • 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 as tuae_6e+witsin the altercation with the other subjects. desaid he saws 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 ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol C & D- 60 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 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 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 ape 1111111111w. 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 askedlISIIIS 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 witheawho was detained at this time in the back of my patrol car handcuffed. In conducting a records check ofle 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 read.--herhAinrtda 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: REMARKS COPIES TO: ❑ Other ❑SD/PD • YES ❑ NO ❑ Detective ❑ CII ❑ Other 15.15184-WI Rev. 1/B3 ❑ DISC.Ally, ❑ Petrol C & D- 61 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: ❑ Other SD/PD REMARKS ❑ ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15.15184-401 Roy. 1/83 ❑ Disl.Atty. ''•❑ Patrol . C & D- 62 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-- As I walked towards al11115, I observed a silver colored revolver with a brown handle lying on the pavement next to his street sweeper._G J i 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 S at the incident location and the following is a summary of his statement. • -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. S.pulled up next to the object and parked his street sweeper. When w. exited his street sweeper he nothiced that object lying on the ground was a handgun. 9MIllathen flagged me down and gave me his statement. 41111111111111.-was unable to provide me with any additional information, therefore I concluded my interview. Additional Information Deputy: • After I contacted and observed the silver revolver lying on the ground, Deputy Mason collected the revolver and made it safe. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE J. Tebbetts D6192 010910 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD 1 YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15184401 Rev. 1/83 ❑ Dist.Any. ❑ Petrol • C & D- 63 • • CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 111000307 CALIFORNIA REPORT AREA • CA 03600 Page 2 80074 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 .1.Tebbetts 06192 010910 FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD • ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Ally. ❑ Patrol C & D- 64 • • 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 Sat and asked him for assistance in the investigation. • • WITNESS INTERVIEW: JOSE SAMBOLIN DOB 09/25/63 I interviewed 'i outside of the Loco Cantina and the following is a summary of the interview. SIMI, informed me he is the manager of the Loco Cantina. 4111111111111k 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, U.. and proceeded to the front of the business and saw 3 individuals fighting in the parking lot in front of the business. a told me 1 of the involved parties of the fight who was later identified as suspect l' , was being beaten by 2 other males. a described going into the fetal position as he was being beaten by 2 males. 'sefi�pl 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 .sz 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: REMARKS ❑ Other ❑ SO/PD YES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184.401 Rev. 1/83 ❑ Dist.Airy. ❑ Patrol C & D— 65 • • • CASE N0. • 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-ti t1 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. IMMO then explained to me he heard from other patrons inside the bar there was possibly a gun involved. I asked a if he knew what started the altercation and he told me no. I asked 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 .. • INFIELD LINEUP: • IRwas read his admonishment. neliiilkwas driven out to the area of the traffic stop. lly positively identified SS 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 J. PARKER A5376 01/11/10 C7391 FURTHER ACTION: COPIES TO: Oth REMARKS ❑ Other ❑ SD/PD • ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15.15184.401 Rev. 1/83 ❑ 01st.Ally. ❑ Pelml • C & D- 66 • SHERIFF'S DEPARTMENT CASE NO. COUNTY OF SAN BERNARDINO, CALIFORNIA • CA03600 M/10 UO 307 REPORTING AREA EVIDENCE/PROPERTY REPORT G07`f CODE SECTION RECOVERING DIV/STATION SUSPECT NAME (-1 REPORTED STOLEN �G O?'CT RHNCND � RECOVERED PROPERTY }-a.}EVIDENCE I� FOUND PROPERTY n SAFEKEEPING 7.7 RECOVERED BV SEARCH WARRANT OWNER OF PROPERTY ADDRESS CASE AGENT AND EMPLOYEE ND. PROPERTY RECOVERED BY AND EMPLOYEE NO. C X717ec / 07970 q, LA 3NG I C797c ITEM NO. SERIAL NO. DESCRIPTION VALUE BAR CODE LABEL 11+12147 /25 :Ma r,.0 a-3 4 7✓A41 SRN BERNRRDINO COUNTY SHERIFF Li OUP k14ND1.-[, : N�IV_I I�II��ll II gj �l III nn - / 1011000385 O./ (' 6FL ,. 3 SJQC1.: /jr,.ars SRN BERNARDINO COUNTY SHERIFF I �BIV f I .II il_�IU�JJ H 1011000386 • • • • • • REPORTING DEPUTY AND EMPLOYEE NO. DATE REVIEWED BY PROPERTY OFFICER AND EMPLOYEE NO. DATE Cam, 1.,41Th16 l C7S7p 0I0910 C & D- 67 4ri 15.16141-401 Rev.5/04 4. • N. \2 %g ' \ � S N 0 el g CC 2 ! a .{ _ : \ 7- ) : §� / . / 1 g \ } ( r A ` \ C { \} ` / - } IuL\ 7 \ • I } � ' 5 ` } 7 } / . » 2 \/ 1 ! J$ / \/ . }\ . / - -a . I 01 , / 1 ; i _ ! / § k U— / A § � � � ` ; I 2 �t1IihIiE � E < § } } \ i% \ } ( ! s , • C & D- e • . . . / -- . | q § f 1:1:9)cio jQ / - \ ® V E ` r\ § la ` � ` a \ - ° � / / (� ! \ )C / � § ) $ � 00 � ! 0 g \ L. \ � ( - \ / §0u § !� / FE6 . 0 [ � / w §ƒ 2 y . I k ] | ( § § A . . . \ i § . \ f \ _ § Li >z , 2 § « - \ 1i § � / \ ( 2 E . _%! c � - » / ^ 0. ¥ \ � E\IS / t R \ S © ~i ° / \ � \ / / � < ] \ I\H \ § % § $ © § ( ! ; § \ 7 / ® 6 / $ 2 \ \ k § § / ( ) \ § ( / / ) � S • } \ • 5 I G & > 6 . . SHERIFF'S DEPARTMENT-COUNTY OF SAN BERNARDINO,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 7.PHONE NUMBER cl STATE OF CALIFORNIA B.SUSPECT NAME-1:LAST.FIRST.MIDDLE B.RACE/SEX 10.AGE II.HEIGHT 12.WEIGHT 13.HAIR 14.EYES 15.COB B H/M 21 5'10" 195 BLK BRO 01/21/1988 U 16.RESIDENCE ADDRESS.STREET.CITY.ZIP 17.CLOTHING B OTHER IDENTIFYING MARKS/CHARACTERISTICS S 1004 DEODAR ST APT B, ONTARIO, CA 91764 E 18.SUSPECT NAME-1:LAST.FIRST,MIDDLE 19.RACE/SEX 20.AGE 21.HEIGHT 22.WEIGHT 23,HAIR 24.EYES 25.DOB G H/F 21 5'02" . 125 BLK BRO 11/15/1988 _ 5 26.RESIDENCE ADDRESS,STREET,CITY,ZIP 27.CLOTHING&DTHER IDENTIFYING MARKS/CHARACTERISTICS 28.ADD'L NAMES 9761 BIXBY AVE G, GARDEN GROVE, CA 92841 ID YES 29.ROBBERY WEAPON: U FIREARM U OTHER DANGEROUS WEAPON LOCATION:U HIGHWAY U OTHER BUSINESS ' J SERV.STATION ❑CUTTING INSTRUMENT ❑STRONG ARM ❑CONVENIENCE STORE ❑RESIDENCE ❑BANK ❑MISC. C 30.ASSAULTS WEAPON: ❑FIREARM ❑ KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET ❑SIMPLE/NO INJURY R 31.BURGLARY ❑NIGHT ❑DAY ❑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 ❑BICYCLES ❑FROM COIN-OPERATED MACHINES ❑ALL OTHERS 33,PROPERTY RECOVERED RECOVERED RECOVERED S TYPES T AND CURRENCE,NOTES $ TV.STEREO,ETC S CONSUMABLE GOODS.,...$ A JEWELRY S FIREARMS $ LIVESTOCK. . $ T VALUES S CLOTHING,FURS 5 HOUSEHOLD GOODS 5 OTHER MISC. $ OFFICE EQUIP.. $ E] NCIC ENTRY COMPLETED TOTAL PROPERTY RECOVERED 3 39. ARSON TYPES PROPERTY VALUE PROPERTY VALUE PROPERTY VALUE A R AND SINGLE RESIDENCE......$ INDUSTRIAL/MANUF................._S OTHER STRUCTURES $ S VALUES OTHER RESIDENCE.......$ OTHER COMMERCIAL. $ MOTOR VEHICLE $ 0 • N STORAGE $ PUBLIC BUILDINGS . S OTHER MOBILE 5 ❑ INHABITED BUILDING ❑UN INHABITED/A B A N DO N E D BU I L D ING TOTAL LOST......................$ • O 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 ❑0E7/SPEC ❑OTHER VEHICLE A ❑ALONE ❑ASSISTED L TYPE OF ACTIVITY: ❑ DISTURBANCE ❑BURGLARY ❑ ROBBERY ❑OTHER ARRESTS ❑CIVIL DISORDERS ❑HANDLING PRISONERS T • ❑ SUSPICIOUS PERSOWCIRCST, ❑ AMBUSH ❑MENTALLY DISTURBED ❑TRAFFIC STOPS ❑ALL OTHERS 35.COMPLAINT INFORMATION 37.DATE 38.DEPUTY DISTRICT ATTORNEY 39.CHARGES FILED • ❑CASE REVIEW ED AND COMPLAINT FILED • ❑COMPLAINT REJECTED-SEE REJECTION SLIP , C 40.VICTIMAYITNESS RECDNTACTED 41.DATE O ❑VICTIM(S) ❑CASE REVIEWED AND FOUND TO BE COMPLETE.LETTER SENT M ❑WITNESSIES) ❑NO NEW LEADS,INFORMATION,OR SUSPECTS IDENTIFIED P 0 NEIGHBORHOOD/AREA CHECKED p VICTIM ADVISED THAT PROSECUTION NO LONGER DESIRED L - A 42.COMMENTS N CASE FORWARD TO THE DISTRICT ATTORNEY FOR COMPLAINT. • T • G- /Cc/3t12,Zy COMMENTS P R O P SIGNATURE DATE CERTIFICATION:I,THE UNDERSIGNED,DO HEREBY CERTIFY THAT I AM THE LEGAL OWNER AND ENTITLED TO TAKE POSSESSION OF SAID PROPERTY. R E DRIVERS LICENSE NUMBER MISCELLANEOUS L • D Al DISPOSITION:❑NO ADDITIONAL LEADS ❑CASE UNFOUNDED ❑CASE CLEARED BY EXEPTIDNAL MEANS ©CASE CLEARED BY ARREST ❑PROPERTY RELEASED I S 44.REPORTING OFFICER 45.EMPLOYEE NO. 40.DATE 47.REVIEWED BY DATE O G LAING C7870 01/09/2010 • 16-11167401 Rev.SIw ICR41 DISTRIBUTION: Original.Resits Copy-Station F/es C & D- 70 Ca LJ . . 11 15$06004041evised 6/92 (CR1) 1.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER CRIME CODE * SHERIFF'S DEPARTMENT ®F PC 261 Rape 110914312 COUNTY OF SAN BERNARDINO.CA D Ni UNIFORM CRIME REPORT OTHER • 4.ASSIGNED MONTH-DAY-YEAR-TIME 112609!0202 5.ARRIVED MONTH-DAY-YEAR-TIME 6.BEAT 7.REPORTING DISTRICT 03600 1126091 0202 3 I RC 018 8.OCCURRED DAY OF WEEK-MONTH-DAY-YEAR-TIME 9.REPORTED MONTH-DAY-YEAR-TIME 10.LOCATION OF OCCURRENCE CRY Wed 112509 0200 112609/0116 • Foothill Blvd and Aspen, RC CODES FOR BOXES 128 22 ARE: V=VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME IP=.INVOLVED PARTY O=OTHER V 11.NAME:LAST.FIRST MIDDLE(FIRM IF A BUSINESS) 12.CODE 13.RESIDENCE ADDRESS-STREET-CITY-ZIP 14.RESIDENCE PHONE I Victim#1 ' T 15.OCCUPATION 16.RACE/SEX 17.AGE 18.DOB 19.BUSINESS ADDRESS-STREET,CITY'ZIP 20.BUSINESS PHONE I M • W 21.NAME:LAST,FIRST.MIDDLE(FIRM IF A BUSINESS) 22.CODE 23.RESIDENCE ADDRESS.STREET-CITY-ZIP 24.RESIDENCE PHONE I T N E 25 OCCUPATION 26.RACE/SEX. 27.AGE 26.DOS 29 BUSINESS ADDRESS-STP.EEI'.CnY-ZIP 30.BUSINESS PHONE S S 31.SUSPECT 41 NAME:LAST,FIRST,MIDDLE 32.RACE/SEX 33.AGE 34.In. 35 WT. 36.HAIR 37.EYES 38.DUB 39.ARRESTED 40.INTERVIEWED • DYES ONO OYES 0NO S u 41.RESIDENCE ADDRESS-STREET-CRY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS . S P E 43.SUSPECT 112 NAME:LAST,FIRST,MIDDLE 44.RACE/SEX 45.AGE 46.HT. 47.WT. 48.HAIR 49.EYES 50.DOB 51.ARRESTED 52.INTERVIEWED C DYES DNO DYES ONO T S 53.RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS r� s 4 0�'°65:7'DOINDNAL'f7A731E59N GCOFOflLYA'F1ON� „.+e,�C�I,C�6� NICT kel 1( lE �R 0c317E0:gAlI NJbf . II® O.FD Malif.VyOWDMiwflT O$11 �RFD�c�ID .K -a' `S F.APIW IDALEVIBBNCEIRE6CWVEREB? OMEIt rabla�G1 1. El PFI95 tgin7` a e S`11 `d'�na �fferifirrg1Aiiii� TN`xrr ieuE j >38P�nT0LhJR y42$YFJ+RJ 3YB87di�`iT�1,i >R„ 41111 �µdPl9$TS89ID. `'• �.�l 01 Le ° ..:- , a �- 3 r 1 1 P F.r.^ .0 r r, #f Nix '•.kPi Y'a,, '. try 4., . ->t 'C i 1 Ifi," 417 ', S,z'rt„'tl4+,",,.:��.r.,. �'T«`r12" �� .. char s ". elJ'SP.E6T.. +r" s._ • 69.ROBBERY WEAPON: ❑ FIREARM 0 OTHER DANGEROUS LOCATION: 0 HIGHWAY• 0 OTHER BUSINESS 0 RESIDENCE 0 CUTTING INSTRUMENT D STRONG ARM D CONVENIENCE STORE 0 SERVICE STATION 0 BANK D MISC. 76.ASSAULTS WEAPON: 0 FIREARM 0 KNIFE/CURING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET D SIMPLE/NO INJURY C R 71.BURGLARY D NIGHT 0 DAY 0 FORCIBLE ENTRY 0 ATTEMPTED FORCIBLE ENTRY 0 RESIDENTIAL 0 NON-RESIDENTIAL 0 UNKNOWN D NO FORCIBLE ENTRY 0 VEHICLE (BUILDING) I M • 0 PICKPOCKET D SHOPUFT D MOTOR VEHICLE PARTS 0 FROM BUILDING-NOT SHOPLIFT DR MACHINES 0 ALL OTHERS E 72.LARCENY D PURSE-SNATCH .0 FROM MOTOR VEHICLE 0 BICYCLES 0 FROM COIN-OPERATED MACHINES S 73.PROPERTY STOLEN STOLEN STOLEN T CURRENCY,NOTES $ TV,STEREO,ETC. $ CONSUMABLE GOODS. E A TYPES JEWELRY $ FIREARMS $ LIVESTOCK $ & CLOTHING.FURS I HOUSEHOLD GOODS S OTHER MISC. $ T VALUES OFFICE EQUIPMENT s TOTAL $0.00 S • 0 IDENTIFIABLE PROPERTY TAKEN 0 ENTERED INTO NCIC 74.DOMESTIC VIOLENCE: INJURIES? 0 NONE 'D MINOR 0 MAJOR WEAPONS? D YES D NO 75.PEACE OFFICER ASSAULTED OR ARSON? 0 YES (IF YES.COMPLETE BOXES 1.2,3,4 AND 34 OR 35 ON CR4 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 6 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 O 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 .P into her vagina. 5 • 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. 'PORTING OFFICER 78.EMPLOYEE 6 79.DATE 80.REVIEWED BY DATE 81.ROUT ❑SUBMn ING INFORMATION - ❑OTHER: McFarland 84263 112609 • I 13 IMMEDIATE FOLLOW UP 82.IS REPORTING OFFICER PC 115 QUALIFIED? 0 YES 0 NO 183.GANG RELATED? 0 YES 0 NO • • c & D- 71 ARS RMS�SIML SCAN_ t $ 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-LAST 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 11P13 trorn 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: • 1 I spoke withal/eat the Rancho Cucamonga station and the following is a summary of her statement. I said she's knownS for approximately three years. She said they work together and they used to be very close friends. Mal 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. Ssaid 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 OTHER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD •El YES ❑ NO ❑ Detective ❑ co ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Any. ❑ Patrol C & D- 72 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): Mai 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. 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 i use. She saidellilliklig 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 to the residence, 11011110 and_ stopped at a field located on Foothill Boulevard and Milliken Avenue s could vomitiliaMsaid 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 vehicles was outside the vehicle drinking a beer. He pinned her against the passenger side of the vehicle. They were face to face and...1g) tried to kiss her. Mir refused and they got into the car.IMP was in the passenger's side seat anc1111111111111111 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 v_ MCFARLAND-#B4263 12/02/09 GM-67568 Ali R ACTION: COPIES TO: ❑ Other ❑ SD/PD REMARKS ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.A . El Patrol C & D- 73 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 IF BUSINESS) CONFIDENTIAL ADDRESS' RESIDENCE PHONE VICTIM INTERVIEW (CONTINUED): climbed over to the passenger's side seat and placed his left leg in between her legs. She said there was only a handbrake 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. 111111.14 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."IMIlf said she attempted to push him off, told him to stop and felt like she couldn't breathe. Throughout the incident, 0 had his hand ovet_- mouth and nose area. He 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 ha) 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. dliiii0 saicimmois 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. AMMO tried to get 111110111p 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. 1111111=11111D was able to get his penis inside of her and thrusted approximately two to three times before his penis slipped out. then yelled, "What.are you doing? Get the fuck off me!" She said MM. looked confused. REPORTING OFFICER DATE REVIEWED BY TYPED BY ROUTED BY DATE Y.MCFARLAND-#B4263 12/02/09 GM-67568 1THER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO El Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.My. ❑ Patrol C & D- 74 CASE NO. . SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914312 CALIFORNIA REPORT AREA CA 03600 Page 4 CWECTION 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): 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. ..MO then said, "I'm sorry, where am I taking you?" MOW 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. J) walked to her friend's house and her friend's father was upset because she arrived there at approximately 0300 hours. ISININD called her friends and . AM picked her up at an unknown time and took her home.110 noticed there were people there. WOO took a Shower and then told 110,4111lirgallapy, alliwand 1111111111111n about what happened. 11/26/09 at approximately 0730 hourallIMIIIID sen a text message asking if she was ok.IIIIIM) 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: .. paid 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 1THER ACTION: COPIES TO: REMARKS ❑ Other ❑ SD/PD L ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/B3 ❑ Dist.Atty. ❑ Patrol C & D- 75 CASE NO. • • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914312 CALIFORNIA REPORT AREA CA 03600 Page 5 • CODE SECTION CRIME CLASSIFICATION PG 261 RAPE FELONY VICTIM'S NAME-LAST NAME FIRST NAME MIDDLE NAME (FIRM NAME.IF BUSINESS) CONFIDENTIAL ADDRESS RESIDENCE PHONE ) INVOLVED PARTY INFORMATION: • { told me she didn't want me to contaclll. . 111111110 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 escorted' to the San Antonio Community Hospital to get a sex kit completed. The paperwork and the kit were placed into evidence at the Rancho Cucamonga station. • 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-#B4263 12/02/09 GM-B7568 11RTHER ACTION: COPIES TO: ❑ Oth REMARKS • Other ❑ SD/PD ❑YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Dist.Atty. CI Patrol C & D- 76 ?5.10661401 Revised 6/92 (CR1) I.CODE SECTION 2.CRIME DEFINITION 3.CASE NUMBER CRIME CODE • SHERIFFS DEPARTMENT 0 F RC MC 5.12.150 VIOLATION OF ENTERTAINMENT 110914804 • COUNTY OF SAN BERNARDINO,CA 0 M PERMIT UNIFORM CRIME REPORT 0 OTHER • 03600 4.ASSIGNED MONTHAAY-YEAR-TIME 10/28109.11/30109 2100-0200 5.ARRIVED MONTH-DAY-YEAR-TIME 6.BEAT 7.REPORTING DISTRICT 10 @8/09-11130/09 2100-0200 4 RC 074 8.OCCURRED DAY OF WEEK-MONTH-DAY-YEAR-TIME 9.REPORTED MONTH-DAY-YEAR-TIME 10.LOCATION OF OCCURRENCE CITY . 10129/09.11/30/09 2100-0200 10128/09-11/30/09 2100-0200 11815 FOOTHILL BLVD.RANCHO CUCAMONGA CODES FOR BOXES 12822 ARE: V-VICTIM W=WITNESS RP=REPORTING PARTY DC=DISCOVERED CRIME IP=INVOLVED PARTY O=OTHER ✓ II.NAME:LAST,FIRST MIDDLE(FIRM IF ABUSINESS) 12.CODE 13.RESIDENCE ADDRESS-STREET-CITY-DP 14.RESIDENCE PHONE I CITY OF RANCHO CUCAMONGA V C T 15.OCCUPATION 16.RACE/SEX 17.AGE 18.DOB 19.BUSINESS ADDRESS-STREET-CITY-ZIP 20,BUSINESS PHONE 1 M VV 21.NAME:LAST,FIRST,MIDDLE(FIRM IF A BUSINESS) 22.CODE 23.RESIDENCE ADDRESS-STREET-CITY-ZIP 24.RESIDENCE PHONE I 7 N E 25.OCCUPATION 26.RACE/SEX 27.AGE 25.DOS 29.BUSINESS ADDRESS-STREET-CRY-ZIP 30.BUSINESS PHONE S S 31.SUSPECT El NAME:LAST.FIRST,MIDDLE 32.RACEJSEX 33.AGE 34.HT. •35.WT. X.HAIR 37.EYES 38.DOB 39.ARRESTED 40.INTERVIEWED LOCO CANTINA BAR 8 GRILL D YES D No D YES O NO U S 41.RESIDENCE ADDRESS-STREET-CITY-ZIP 42.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 5 11815 FOOTHILL BLVD.RANCHO CUCAMONGA - P E 43.SUSPECT 42 NAME:LAST,FIRST,MIDDLE 44.RACE/SEX 45,AGE 46.HT. 47.WT. 48.HAIR 49.EYES 50.DOB 51.ARRESTED 52.INTERVIEWED C ❑YES ❑NO ❑YES ❑NO S T 51 RESIDENCE ADDRESS-STREET-CITY-ZIP 54.CLOTHING AND OTHER IDENTIFYING MARKS/CHARACTERISTICS 55.ADDITIONAL NAMES IN CONTINUATION? 0 YES ®NO 56.ADDITIONAL INFORMATION FROM: D VICTIM ❑WITNESS 0 OFFICER 0 OTHER I 57.PHYSICAL EVIDENCE RECOVERED? 0 YES 0 NO 55.PHOTOGRAPHS TAKEN? ❑YES 0 NO 59.LATENT PRINTS LIFTED? DYES ONO N 60 VEHICLE 61.COLOR 62.YEAR 63.MAKE 64.MODEL 65.BOOT 66.LICENSE NUMBER 67.STATE 68.DAMAGE/ODDITY/ACCESSORIES ✓ ❑ VICTIM • ❑ SUSPECT 69.ROBBERY WEAPON: 0 FIREARM 0 OTHER DANGEROUS LOCATION: ❑HIGHWAY ❑OTHER BUSINESS 0 RESIDENCE 0 CUTTING INSTRUMENT 0 STRONG ARM 0 CONVENIENCE STORE ❑SERVICE STATION 0 BANK ['MISC. 70.ASSAULTS WEAPON: 0 FIREARM D KNIFE I CUTTING INSTRUMENT D 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 0 NO FORCIBLE ENTRY 0 VEHICLE (BUILDING) I M 72.LARCENY 0 PICKPOCKET 0 SHOPLIFT 0 MOTOR VEHICLE PARTS ❑FROM BUILDING-NOT SHOPLIFT OR MACHINES 0 ALL OTHERS E ❑PURSE-SNATCH 0 FROM MOTOR VEHICLE ❑BICYCLES 0 FROM COIN-OPERATED MACHINES s 73.PROPERTY STOLEN STOLEN STOLEN T CURRENCY,NOTES S TV,STEREO,ETC. 5 CONSUMABLE GOODS 5 TYPES JEWELRY 5 FIREARMS 5 LIVESTOCK E A & CLOTHING,FURS 5 HOUSEHOLD GOODS $ OTHER MISC. 5 T VALUES OFFICE EQUIPMENT 5 TOTAL 50.00 5 0 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 . S S 77.REPORTING OFFICER 78.EMPLOYEE 4 79.DATE BO.REVIEWED BY DATE I.ROUTING INFORMATION / /) UBMIT TO 0/A /Gl/OTHE ./- • R.Wright W2800 120709 l:✓� !2/07 IMMEDIATEFOLLOWUP + r/1v 82.IS REPORTING OFFICER PC 115 QUALIFIED? 0 YES 0 NO / LWE�S Yes _Rio 1 ARS_RNIt STIVF`SCAN__ C & D- 77 • 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 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 N DATE REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT W2800 120709 FURTHER ACTION: COPIES TO: ❑5D/PD ❑ Other REMARKS: X YES ❑NO ' ❑ Detectives ❑ CII 15-15184401 Revised 1/03(CR2) ❑ District Attorney ❑ Patrol • C & D- 78 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 lot 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 8 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 �1518C-0Ot Revi60a 1183ICR]) ❑ District Attorney ❑ Patrol C & D- 79 • 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 sitting.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 sitting at the bar were all staff members. The subjects sifting 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 EMPLOYEE# DATE REVIEWED BY TYPED BY ROUTED BY DATE It WRIGHT W2800 120709 FURTHER ACTION: COPIES TO; ❑SD/PD ❑ Other REMARKS: X YES ❑NO ❑ Detectives ❑ CII 15-15184-401 Revised 1/93(CR2) l� District Attorney ❑ Patrol • C & D- 80' SHERIFFS DEPARTMENT-COUNTY OF SAN BERNARDINO,CALIFORNIA 1.CASE NUMBER • COMPLAINT DISPOSITION REPORT-PROPERTY RELEASE 110914804 2. CODE SECTION 3.CRIME DEFINITION 4.CLASSIFICATION aRC MC 5.12.150 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor S.VICTIM OR OTHER I/P NAME:LAST,FIRST,MIDDLE 6.STREET ADDRESS.CITY,ZIP 0 RESIDENCE 0 BUSINESS 7.PHONE NUMBER C CITY OF RANCHO CUCAMONGA 8.SUSPECT R1 NAME'LAST,FIRST.MIDDLE 9.RACE/SEX ID.AGE 11.HEIGHT 12.WEIGHT 13.HAIR It EYES 15.DOS S LOCO CANTINA BAR 8 GRILL U 16.RESIDENCE ADDRESS:STREET,CITY,ZIP 17.CLOTHING 8 OTHER IDENTIFYING MARKS/CHARACTERISTICS S p 11815 FOOTHILL BLVD. RANCHO CUCAMONGA E 18.SUSPECT 12 NAME:LAST,FIRST,MIDDLE 19.RACE/SEX 20.AGE 21.HEIGHT 22.WEIGHT 23.HAIR 24.EYES 25.DOB C ' T S 26.RESIDENCE ADDRESS:STREET,CT',ZIP 27.CLOTHING 8 OTHER IDENTIFYING MARKS/CHARACTERISTICS 28.ADDITIONAL NAMES IN CONTINUATION? 0 YES 0 NO • ❑FIREARM 0 CUTTING INSTRUMENT ❑RESIDENCE 0 SERVICE STATION 0 OTHER BUSINESS 29.ROBBERY WEAPON: LOCATION: 0 STRONG ARM 0 OTHER DANGEROUS ❑HIGHWAY 0 CONVENIENCE STORE 0 BANK 0 MISC. C 30.ASSAULTS WEAPON: ❑FIREARM 0 KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON 0 HANDS/FEET ❑SIMPLE/NO INJURY R 0 NIGHT 0 DAY 0 FORCIBLE ENTRY 0 NO FORCIBLE ENTRY ❑RESIDENCE 0 VEHICLE I 31.BURGLARY M 0 UNKNOWN 0 ATTEMPTED FORCIBLE ENTRY 0 NON RESIDENTIAL(BUILDING) E 0 PICKPOCKET 0 SHOPLIFT ❑MOTOR VEHICLE PARTS 0 FROM BUILDING-NOT SHOPLIFT OR MACHINES 32.LARCENY S ❑PURSE SNATCH ❑FROM MOTOR VEHICLE ❑BICYCLES 0 FROM COIN'OPERATED MACHINES 0 ALL OTHERS T RECOVERED RECOVERED RECOVERED T T 33.PROPERTY CURRENCY,NOTES $ TV,STEREO,ETC. $ CONSUMABLE GOODS . f 5 TYPES JEWELRY S FIREARMS $ LIVESTOCK $ AND . VALUE CLOTHING,FURS $ HOUSEHOLD GOODS $ OTHER MISC. $ OFFICE EQUIPMENT $ NCIC ENTRY COMPLETED ❑ TOTAL PROPERTY RECOVERED $0.00 VALUE VALUE VALUE A 34.ARSON SINGLE RESIDENCE $ INDUSTRIAL $ OTHER STRUCTURES f R S TYPES OTHER RESIDENCE $ OTHER COMMERCIAL $ MOTOR VEHICLE $ • O AND VALUE STORAGE UNIT f PUBLIC BUILDINGS $ OTHER MOBILE $ INHABITED BUILDING 0 UNINHABITEDIABANDONEO BUILDING❑ TOTAL VALUE LOST 'f Oct. O 35.PEACE OFFICER: ❑ASSAULTED 0 KILLED BY FELONIOUS ACT ❑KILLED BY ACCIDENT/NEGLIGENCE INJURIES? ❑YES 0 ND F C WEAPONS: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT ❑OTHER DANGEROUS WEAPON ❑HANDS/FEET R ASSIGNMENT: 0 1-MAN VEHICLE ❑2-MAN VEHICLE 0 DETECTIVE/SPECIALIZED ❑OTHER A 0 ALONE 0 ASSISTED S TYPE OF ACTIVITY: 0 DISTURBANCE. 0 BURGLARY • 0 ROBBERY ❑OTHER ARRESTS 0 CIVIL DISORDERS 0 HANDLING PRISONERS L 7 0 SUSPICIOUS PERSONS/CIRCUMSTANCES 0 AMBUSH 0 MENTALLY DISTURBED ❑TRAFFIC STOP 0 ALL OTHERS 36.COMPLAINT INFORMATION 37.DATE 38,DEPUTY DISTRICT ATTORNEY 39.CHARGES FILED ❑CASE REVIEWED AND COMPLAINT FILED 0 COMPLAINT REJECTED-SEE REJECTION SLIP C 40.VICTIMS/WITNESSES RE-CONTACTED 41.DATE O 0 VICTIM(S) 0 CASE REVIEWED AND FOUND TO BE COMPLETE,LETTER SENT M 0 WITNESS(ESI ❑NO NEW LEADS INFGRMATK)N,OR SUBJECTS IDENTIFIED P ❑NEIGHBORHOOD/AREA 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 DRIVER'S LICENSE NUMBER MISCELLANEOUS E L O 43.DISPOSITION: 0 NO ADDITIONAL LEADS 0 CASE UNFOUNDED 0 CASE CLEARED BY EXCEPTIONAL MEANS 0 CASE CLEARED BY ARREST 0 PROPERTY RELEASED 1 9 44.REPORTING OFFICER 45.EMPLOYEE NUMBER 46.DATE 47.REVIEWED BY • DATE R.Wright W2800 120709 13867-401 Revised 9/94 (CR4) C & D- 81 Police Inc##RC093410071 Page 1 of 1 Detailed History for Police Inc# #RC093410071 As of 12/14/2009 13:53:48 Output for: B7068 • 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: 12/07/2009 08:30:30 ECO7 112789 Entered: 12/07/2009 08:30:30 ECO7 H2789 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 H2789 IC: PrimeUnit:11 W 1 Dispo:RTF Type:INC-M1SC 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:RC0I8 TypeDesc:MISC INCIDENT LocDesc:at 10510 CIVIC CENTER DR,RCC LocCross:btwn HAVEN AVE and UTICA AVE Priority:4 Response:IPAT Jur:RC Beat:RC3 Map:603 28 LocType:C 08:30:30 ENTRY 08:30:30 DISPOS _11W1 Location:RANCHO STATION,RCC Operator:W2800 OperNames:WRIGHT,RONALD,RC 08:30:30 -PRIU 11W! 08:30:30-PREMIS Text:OCC,PPR • 08:30:40 CHANGE 11W'I Type:INC-->INC CAS:0440 08:30:40 CASE l 1 W t Case#:RCR0914804 08:30:45 CLEAR I I W I Dispo:RTF DispoLeve1:10 08:30:45 -CLEAR 08:30:45 CLOSE • • https://170.164.167.228/PRD7/Htm I/S ys temDocs/CADInterface.as px?_CMD=CHQ&QQ... 12/14/2009 C & D- 82 • 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 5.12.160 VIOLATION OF ENTERTAINMENT PERMIT Misdemeanor 5.VICTIM OR OTHER VP NAME:LAST,FIRST,MIDDLE 6.STREET ADDRESS,CITY,ZIP 0 RESIDENCE 0 BUSINESS 7.PHONE NUMBER C CITY OF RANCHO CUCAMONGA • B SUSPECT e1 NAME:LAST,FIRST,MIDDLE ' 9.RACE/SEX 10.AGE 11.HEIGHT 12.WEIGHT 13.HAIR 14.EYES 15.DOB s LOCO CANTINA BAR&GRILL U 16.RESIDENCE ADDRESS:STREET,CRY.ZIP 17.CLOTHING 8 OTHER IDENTIFYING MARKS/CHARACTERISTICS S p 11815 FOOTHILL BLVD.RANCHO CUCAMONGA E 18.SUSPECT 42 NAME:LAST,FIRST,MIDDLE 18.RACE/SEX 20.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 2B.ADDITIONAL NAMES . IN CONTINUATION? O YES®NO 0 FIREARM 0 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 DAY 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 O PICKPOCKET 0 SHOPLIFT - 0 MOTOR VEHICLE PARTS O 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 A 33.PROPERTY T CURRENCY.NOTES f IV,STEREO,ETC. $ CONSUMABLE GOODS t S TYPES JEWELRY f FIREARMS f LIVESTOCK S AND VALUE CLOTHING.FURS f HOUSEHOLD GOODS S OTHER MISC. S OFFICE EQUIPMENT S NCIC ENTRY COMPLETED O TOTAL PROPERTY RECOVERED t 0.00 VALUE VALUE VALUE A 34.ARSON SINGLE RESIDENCE S INDUSTRIAL t OTHER STRUCTURES I R S TYPES OTHER RESIDENCE I OTHER COMMERCIAL I MOTOR VEHICLE f ilk AND VALUE STORAGE UNIT f PUBLIC BUILDINGS S OTHER MOBILE f INHABITED BUILDING 0 UNINHABITED/ABANDONED BUILDING 0 TOTAL VALUE LOST f 0.00 O 35.PEACE OFFICER: 0 ASSAULTED 0 KILLED BY FELONIOUS ACT 0 KILLED BY ACCIDENT/NEGLIGENCE INJURIES? 0 YES 0 NO F C WEAPONS: 0 FIREARM 0 KNIFE/CUTTING INSTRUMENT 0 OTHER DANGEROUS WEAPON 0 HANDS/FEET R ASSIGNMENT: 0'MAN VEHICLE 0 2-MAN VEHICLE • in DETECTIVE/SPECIALIZED 0 OTHER A 0 ALONE 0 ASSISTED S TYPE OF ACTIVITY: 0 DISTURBANCE 0 BURGLARY 0 ROBBERY 0 OTHER ARRESTS 0 CIVIL DISORDERS 0 HANDLING PRISONERS L T 0 SUSPICIOUS PERSONS/CIRCUMSTANCES 0 AMBUSH 0 MENTALLY DISTURBED 0 TRAFFIC STOP 0 ALL OTHERS 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.VICTMSIWITNESSES RE-CONTACTED 41.DATE . O 0 VICTIM(S) 0 CASE REVIEWED AND FOUND TO BE COMPLETE,LETTER SENT M 0 WITNESS(ES) 0 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 P PROPERTY RELEASE COMMENTS R 0 P CERTIFICATION:1,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 g 44.REPORTING OFFICER 45.EMPLOYEE NUMBER 46.DATE 47.REVIEWED BY DATE . R.Wright W2800 120709 �� �Z-9 13867-401 Reused 994 (CR4) C & D- 83 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# DATE REVIEWED BY TYPED BY ROUTED BY DATE R.WRIGHT W2800 120709 it /A/-0, FURTHER ACTION: COPIES TO: ❑SD/PD ❑ Other REMARKS: • x YES ❑NO • ❑ Detectives ❑ CII 15-151 84401 Revised 1/33(CR2) ❑ District Attorney ❑ Patrol ` • 1 .1 c C & 0- 84 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# DATE REVIEWED BY TYPED BY ROUTED BY DATE �1 R.WRIGHT W2800 120709 ,(A -4-69 FURTHER ACTION: COPIES TO: USD/PD U Other REMARKS: X YES U NO U Detectives U CII *15184401 Revised 1123(CR2) ❑ District Attorney ❑ Patrol C & D- 85 CASE NO. SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 110914804 CALIFORNIA REPORT AREA • CA 03600 Page 1 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 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: REMARKS COPIES TO: ❑ Other ❑ SD/PD ❑ YES ❑ NO ❑ Detective ❑ CII ❑ Other • 15-15184-401 Rev. 1/83 ❑ Diffi.Atty. ❑ Patrol C & D- 86 CASE NO. • SHERIFF'S DEPARTMENT COUNTY OF SAN BERNARDINO 11 0914804 CALIFORNIA REPORT AREA CA 03600 Page 2 RC IRE 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 milt to our station as soon as he returned home. Sambolin was provided with my personal voice mail . umber 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 01/21/2010 ntc FURTHER ACTION: REMARKS COPIES TO: ❑ Other ❑ SD/PD �ES ❑ NO ❑ Detective ❑ CII ❑ Other 15-15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol C & D- 87 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: COPIES TO: REMARKS ❑ Other ❑ SD/PD ❑ YES ❑ NO • ❑ Detective ❑ CII ❑ Other • 15.15184-401 Rev. 1/83 ❑ Dist.Atty. ❑ Patrol C & D- 88 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 $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 fC Re* 2/31/ ° C & D- 89 • • CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE BUILDING.AND SAFETY.DIVISION.. Permittee: co ''ea..4..1hc- '.&r. ��. : al Address wel-s- odh,11. • Date/ 1'09Time/L CORRECTION NOTICE P RM ND. u 1".1. ply çNVIq,e-f r6 mei A) 4i( nil leek;ec/ ,hc�a(40,6 evre �. A .3 i 1 N / /e e O/ •/7 dT rr5cAsvd-• a) to Q.rt c r t^4.p p 04-an Q/✓PG .L r 64- 47 b 4 `` .7?/;etAAl'. a5 raiz {crk1 c +s;�� ,ti Est kt w e c a—rYV Ek7Ctiti eTEA. ,10# Ld dy7"//rrG/.e /t4 wr•oct • L F� E-^T.r.,^4a:r VtC NoT ' r) `'GiNI /. # It, corre�T 11 ( o r(t*'mac(. 1. St-V‘ht.r (fir f.•. u dicta DL. • Insp8C10�6': � I Office Hours' . li Pecrnr . . 1 400 0:0 00 00,pin a 0'pm Please Make CarectionS and Call for Reinspectbn .' KCPrnting&GraphIcs,;k�c.(008)_?89-4828.: • EXHIBIT D Pc RPt 2//v/ 0 C & D- 90 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, February 24, and March 10, 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 January 13, February 10, February 24, and March 10, 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: C & D- 91 PLANNING COMMISSION RESOLUTION NO. 10-12 CONDITIONAL USE PERMIT DRC2007-00283R— EL LOCO CANTINA & GRILL • March 10, 2010 Page 2 a. The existing business operation is not in accord with the General Plan, the • objectives of the Development Code, and the purposes of the district in which the site is located. b. The existing business operation has demonstrated that it is detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and; c. The 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 10TH DAY OF MARCH 2010 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of March 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: C & D- 92 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, February 24, and March 10, 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 January 13, February 10, February 24, and March 10, 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: C & D- 93 PLANNING COMMISSION RESOLUTION NO. 10-13 ENTERTAINMENT PERMIT DRC2007-00284R— EL LOCO CANTINA & GRILL March 10, 2010 Page 2 a. The existing business operation is not in accord with the General Plan, the • objectives of the Development Code, and the purposes of the district in which the site is located. b. The existing business operation has demonstrated that it is detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and; c. The 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 10TH DAY OF MARCH 2010 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of March 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • C & D- 94 rt�6'y;^c y'v 1 l .,ttN + AI,y7 r �3 ti 5. fi C c -_. , . --__} It �, 1_ • _ . O 'r • cti +. is �—cn (4-9 . I. a� � Cll w E --L---• } o , CO 0 I _ o _ . 0) I el) 0 • . Cu CD O r g0 is o� U T 1 U k ' td� U'Vry • §�,: . ".. .N"K c-,r � �' ! 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'fir" a� :1 C iU . y �y `y �d • 0-114E/ 'al Recoic,- LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON 3/0/ A Partnership Including Professional Corporations F( Af c 426 CULVER BOULEVARD �7—� N PLAYA DEL REY,CA 90293 (310)822-9848 FAX(310)822-3512 • March 2, 2010 • VIA EMAIL (James.Troyer(li cityofrc.us, jtroyer(a�ci.rancho-cucamonga.ca.us) Mr. James Troyer, AICP Planning Director City of Rancho Cucamonga 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 • • RE: SB Entertainment Ventures,Inc.—DBA: Loco Cantina & Grill 11815 Foothill Boulevard, Rancho Cucamonga, CA 91730 • Conditional Use Permit DRC2007-00283 Entertainment Permit DRC2007-00284 Dear Mr. Troyer: Thank you for responding to my request for a meeting. I set up a meeting with your Assistant Valerie for this Thursday, March 4, 2010 at 3 pm. I had wanted to meet with Staff prior to the • release of the Staff Report and the hearing so I could understand the City's concerns and try to respond. It is too late for that now, but to help make our meeting more productive, I have listed the following corrective measures for your consideration. On behalf of Loco Cantina, let me first acknowledge that the lapse in security was a dumb mistake. Some context for that mistake is necessary, however, to help put it in perspective. In August and September of 2009, Loco Cantina was unhappy with the guards being sent by the prior security company and informed that company that they would not pay for an elderly guard who spoke little English, and sometimes sat in his car and fell asleep during late night/early morning hours. Loco Cantina expected the company to send another guard, but they did not and apparently thought Loco Cantina was canceling the service,rather than requesting a replacement guard. Loco Cantina thought overall operations were going smoothly at this time and was not focused on the presence of the guard like they should have been. Loco Cantina should have realized the guard was absent earlier and retained the services of a new security company immediately. Again, it was Loco Cantina's mistake and they accept responsibility,and apologize for the lapse. Loco Cantina has retained a new security company and the assigned guards are now proactively patrolling the parking lot. • Loco Cantina has undertaken good faith corrective action and will continue to fine tune its • operation with feedback from the City, as follows. First, any business with entertainment, dancing and alcohol can be expected to result in some police related calls for service. Loco Cantina also understands that compliance checks and a reasonable amount of police incidents do result in police costs to the City. Loco Cantina understands that if it does stay in business, the City will conduct regular inspections to monitor compliance and Loco Cantina is willing to reimburse the City for compliance monitoring. To that end, Loco Cantina will deposit$5,000 annually for not less than 3 years (provided they are still in business), into a trust account for the benefit.of the City at a Rancho Cucamonga Bank to • C Page 2 of 3 offset the costs of potential police calls for service and/or pay for regular inspections. In accordance with Government Code Section 37354, the money deposited may be withdrawn and used for police services, at the sole discretion of the Police Chief. Second, Loco Cantina recognizes that helping guests act responsibly and monitoring alcohol consumption will help reduce calls for service and other disturbances that tend to be fueled by too much alcohol. Loco Cantina's Management and some employees have already completed a responsible beverage service training program certified by the Department of Alcoholic Beverage Control. The remaining employees who have not yet completed this training are scheduled to complete the training on Sunday, March 7, 2010. [Loco Cantina is agreeable to an amendment to the CUP requiring employees engaged in the sale or service of alcoholic beverages to have completed a training program certified by the ABC before they may be allowed to work.] Third, Loco Cantina is agreeable to a modification of the Entertainment Permit that provides live entertainment must cease by 1:30 am, a 30 minute reduction from the current authorization. Fourth,to help assure that patrons leave in an orderly and gradual manner at closing time, Loco Cantina has implemented a policy such that: (1)a last call for alcoholic beverages is announced at 1:20 a.m.; (2)house lights are turned bright at 1:40 am and no alcoholic beverages may be ordered after 1:40 am. Additionally, security and door host are now present in the parking lot to help make sure guest leave without incident and at least one employee shall remain in the parking lot until one half hour after closing. Fifth, to help dissuade patrons who might want to dance or groove to the music outside the designated 150 sq ft entertainment area, Loco Cantina proposes to mark the 150 sq ft entertainment area with paint or other means to make it more clear to guests where dancing is permitted and where it is not. Prior to marking this area, Loco Cantina would like the City's input on the exact location to be marked, if agreeable. Additionally, Loco Cantina will post no dancing signs in areas outside the 150 sq ft entertainment area and employees will nicely ask guest to refrain from dancing outside the designated area and ask any guest to leave if they continue to dance outside the designated entertainment area. Sixth, Loco Cantina will install digital security cameras to monitor the interior of the premises as well as the exterior front of the business at the main entrance. Surveillance footage shall be kept for a minimum of 30 days and shared with law enforcement upon request. In sum,Loco Cantina has made mistakes—as highlighted by the Staff Report. However, the business did receive a very positive report of their operation from January 2009 to September 2009 and their basic operation has remain unchanged. Loco Cantina also has one of the lowest figures for police calls for service compared to similar businesses in the City for all of 2009. Loco Cantina can continue to refine its business operation consistent with the City's input, but they do need input. Undercover surveillance may help lead to the revocation of the permits, but revocation should be a last resort after other options have been exhausted. Loco Cantina recognizes there ilways room foi improvement and they believe they can address the City's Page 3 of 3 concerns and at the same time, maintain a viable business and provide jobs for their 20 employees in this economic slowdown that has driven many restaurants in the City to close. Loco Cantina will agree that any of the above corrective steps can be made part of the CUP/Entertainment Permit. Please consider whether these measures and perhaps others the City may suggest will cause Staff and the Police to reevaluate their position recommending revocation. I look forward to meeting with you to try and work on a proposed resolution for the Commission that would satisfy Staff and the Business. However, I do not want to waste your time or mine. If after considering these issues and conditions, Staff is still set in its position to revoke such that an in person meeting is futile,please let me know that Thursday's meeting to discuss these issues is not necessary. Very truly yours, SOLOMON S• TS & JAMIESON R.it ' L EV• •S cc: Rancho Cucamonga Planning Commission • . 't I , t C�,3 -w W — m m u v' k m m C O ^° ' d -- m O a d• y 'm. y T ' C N A N m C °i ° la 00 }y•�' I. 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' m' It? Q. 0 • O • Z C . .r m T • y _ µ c• N E^foe d t1 0 n 0 C: h, . , x ff `4 473 73 1..7 rlc .F f: • - ic 1M . LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON A Partnership Including Professional Corporations 426 CULVER BOULEVARD PLAYA DEL REY, CA 90293 (310)822-9848 FAX(310)822-3512 • March 2, 2010 VIA EMAIL (James.TroyerAcityofrc.us, jtroyer ur ci.rancho-cucamonga.ca.us) Mr. James Troyer, AICP Planning Director City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: SB Entertainment Ventures,Inc.—DBA: Loco Cantina & Grill 11815 Foothill Boulevard,Rancho Cucamonga, CA 91730 Conditional Use Permit DRC2007-00283 Entertainment Permit DRC2007-00284 Dear Mr. Troyer: Thank you for responding to my request for a meeting. I set up a meeting with your Assistant Valerie for this Thursday, March 4, 2010 at 3 pm. I had wanted to meet with Staff prior to the release of the Staff Report and the hearing so I could understand the City's concerns and try to respond. It is too late for that now, but to help make our meeting more productive, I have listed the following corrective measures for your consideration. On behalf of Loco Cantina, let me first acknowledge that the lapse in security was a dumb mistake. Some context for that mistake is necessary, however, to help put it in perspective. In August and September of 2009, Loco Cantina was unhappy with the guards being sent by the prior security company and informed that company that they would not pay for an elderlyguard who spoke little English, and sometimes sat in his car and fell asleep during late night/early morning hours. Loco Cantina expected the company to send another guard, but they did not and apparently thought Loco Cantina was canceling the service,rather than requesting a replacement guard. Loco Cantina thought overall operations were going smoothly at this time and was not focused on the presence of the guard like they should have been. Loco Cantina should have realized the guard was absent earlier and retained the services of a new security company immediately. Again, it was Loco Cantina's mistake and they accept responsibility and apologize for the lapse. Loco Cantina has retained a new security company and the assigned guards are now proactively patrolling the parking lot. Loco Cantina has undertaken good faith corrective action and will continue to fine tune its operation with feedback from the City, as follows. First, any business with entertainment, dancing and alcohol can be expected to result in some police related calls for service. Loco Cantina also understands that compliance checks and a reasonable amount of police incidents do result in police costs to the City. Loco Cantina understands that if it does stay in business, the City will conduct regular inspections to monitor compliance and Loco Cantina is willing to reimburse the City for compliance monitoring. To that end, Loco Cantina will deposit $5,000 annually for not less than 3 years (provided they are still in business), into a trust account for the benefit.of the City at a Rancho Cucamonga Bank to Page 2 of 3 offset the costs of potential police calls for service and/or pay for regular inspections. In accordance with Government Code Section 37354, the money deposited may be withdrawn and used for police services, at the sole discretion of the Police Chief. Second, Loco Cantina recognizes that helping guests act responsibly and monitoring alcohol consumption will help reduce calls for service and other disturbances that tend to be fueled by too much alcohol. Loco Cantina's Management and some employees have already completed a responsible beverage service training program certified by the Department of Alcoholic Beverage Control. The remaining employees who have not yet completed this training are scheduled to complete the training on Sunday, March 7, 2010. [Loco Cantina is agreeable to an amendment to the CUP requiring employees engaged in the sale or service of alcoholic beverages to have completed a training program certified by the ABC before they may be allowed to work.] Third, Loco Cantina is agreeable to a modification of the Entertainment Permit that provides live entertainment must cease by 1:30 am, a 30 minute reduction from the current authorization. Fourth,to help assure that patrons leave in an orderly and gradual manner at closing time, Loco Cantina has implemented a policy such that: (1) a last call for alcoholic beverages is announced at 1:20 a.m.; (2)house lights are turned bright at 1:40 am and no alcoholic beverages may be ordered after 1:40 am. Additionally, security and door host are now present in the parking lot to help make sure guest leave without incident and at least one employee shall remain in the parking lot until one half hour after closing. Fifth, to help dissuade patrons who might want to dance or groove to the music outside the designated 150 sq ft entertainment area, Loco Cantina proposes to mark the 150 sq ft entertainment area with paint or other means to make it more clear to guests where dancing is permitted and where it is not. Prior to marking this area, Loco Cantina would like the City's input on the exact location to be marked, if agreeable. Additionally, Loco Cantina will post no dancing signs in areas outside the 150 sq ft entertainment area and employees will nicely ask guest to refrain from dancing outside the designated area and ask any guest to leave if they continue to dance outside the designated entertainment area. Sixth, Loco Cantina will install digital security cameras to monitor the interior of the premises as well as the exterior front of the business at the main entrance. Surveillance footage shall be kept for a minimum of 30 days and shared with law enforcement upon request. In sum,Loco Cantina has made mistakes—as highlighted by the Staff Report. However, the business did receive a very positive report of their operation from January 2009 to September 2009 and their basic operation has remain unchanged. Loco Cantina also has one of the lowest figures for police calls for service compared to similar businesses in the City for all of 2009. Loco Cantina can continue to refine its business operation consistent with the City's input, but they do need input. Undercover surveillance may help lead to the revocation of the permits, but revocation should be a last resort after other options have been exhausted. Loco Cantina recognizes there is always room for improvement and-thieve they can address the City's Page 3 of 3 concerns and at the same time, maintain a viable business and provide jobs for their 20 employees in this economic slowdown that has driven many restaurants in the City to close. Loco Cantina will agree that any of the above corrective steps can be made part of the CUP/Entertainment Permit. Please consider whether these measures and perhaps others the City may suggest will cause Staff and the Police to reevaluate their position recommending revocation. I look forward to meeting with you to try and work on a proposed resolution for the Commission that would satisfy Staff and the Business. However, I do not want to waste your time or mine. If after considering these issues and conditions, Staff is still set in its position to revoke such that an in person meeting is futile,please let me know that Thursday's meeting to discuss these issues is not necessary. Very truly yours, SOLOMON S • TS & JAMIESON R. ' A EV S cc: Rancho Cucamonga Planning Commission • Planning Commission Meeting of G v��/O RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. 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