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HomeMy WebLinkAbout2010/07/28 - Agenda Packet - Planning Commission s 0 THE CITY OF RANCHO CUCAMONGA `h y PLANNING COMMISSION L� AGENDA RANCHO CUCAMONGA JULY 28, 2010 - 7:00 PM i Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California II. CALL To ORDER I Roll Call Chairman Munoz_ Vice Chairman Howdyshell Oaxaca_ Fletcher_ Wimberly • I II. ANNOUNCEMENTS IIII. APPROVAL OF MINUTES July 14, 2010 Regular Meeting Minutes 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. CONDITIONAL USE PERMIT DRC2010-00355 - CRGE Rancho Cucamonga LLC - A request to operate a 15,928 square foot restaurant and bar with outdoor dining in the Mixed Use District of the Victoria Gardens Master Plan located at the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street -APN: 0227-452-43. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). • 1 of 4 1• �. PLANNING COMMISSION AGENDA JULY 28, 2010 RANCHO CUCAMONGA B. ENTERTAINMENT PERMIT DRC2010-00356 - CRGE Rancho Cucamonga LLC -A request to include live entertainment such as bands and dancing in conjunction with a 15,928 square foot restaurant and bar in the Mixed Use District of the Victoria Gardens Master Plan located on the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street-APN: 0227-452-43. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00882 -PITASSI ARCHITECTS, INC-A request to construct a 27,879 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility on a 6.65 acre lot in Subarea 2 of the General Industrial District at 8825 Hellman Avenue - APN: 0209-013-23. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D. ENTERTAINMENT PERMIT DRC2010-00486 - OMAHA JACK'S INC. -A • request to include live entertainment such as karaoke, live bands, and dancing in conjunction with an 8,794 square foot restaurant and bar with a microbrewery in the Industrial Park District(Subarea 7), located in the Masi Plaza at 11837 Foothill Boulevard - APN 0229-011-39. Related File: Conditional Use Permit DRC2004-00326. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). 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. VI. COMMISSION BUSINESS/COMMENTS • 2 of 4 • S ,; PLANNING COMMISSION AGENDA JULY 28, 2010 RANCHO CUCAMONGA 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. 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on July 22, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. • If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. • 3 of 4 ' �' PLANNING COMMISSION AGENDA JULY 28, 2010 RANCHO CUCAMONGA Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). • Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us • 4 of 4 • Vicinity Map • Planning Commission Meeting July 28 , 2010 ------- - re j Cit • a E w ` C > I 0 U 1 Q 2 S CI) CO ■1 - v cu ii I Is a • 19th St \ Jr Base Line RS i se Line j Church t 11 017 Church Foothill t+ �`7v rY' A and B , �� . Foothill ATP \ ./i A ; o Arrow k CO Arrow L A Jersey n 13 �; 8th � — w v w i L% 6th%n o c d 6th N L C >al Y co 4thik < xC r re 4th C * Meeting Location: • City Hall 10500 Civic Center Drive STAFF REPORT S • PLANNING DEPARTMENT J DATE: July 28, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA • FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: CONDITIONAL USE PERMIT DRC2010-00355 - CRGE RANCHO CUCAMONGA LLC - A request to operate a 15,928 square foot restaurant and bar with outdoor dining in the Mixed Use District of the Victoria Gardens Master Plan, located at the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street - APN: 0227-452-43. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). ENTERTAINMENT PERMIT DRC2010-00356 - CRGE RANCHO CUCAMONGA LLC - A request to include live entertainment such as bands and dancing in conjunction with a 15,928 square foot restaurant and bar in the Mixed Use District of the Victoria Gardens Master Plan, located on the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street - APN: 0227-452-43. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Existing Shopping Center— Mixed Use (Victoria Gardens Master Plan) South - Existing Shopping Center— Mixed Use (Victoria Gardens Master Plan) East - Existing Shopping Center— Mixed Use (Victoria Gardens Master Plan) West - Existing Shopping Center— Mixed Use (Victoria Gardens Master Plan) B. General Plan Designations: Project Site - Mixed Use North - Mixed Use South - Mixed Use East - Mixed Use West - Mixed Use C. Site Characteristics: The proposed applications are for a restaurant and bar with outdoor dining and ancillary entertainment in an existing single-tenant building located within the Victoria Gardens shopping center (Exhibit A). The subject tenant space comprises a total of 15,928 square feet. The site is currently improved with landscaping, lighting, and parking areas. • Items A & B PLANNING COMMISSION STAFF REPORT DRC2010-00355 AND DRC2010-00356 — CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 2 • • D. Parking Calculations: Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Restaurant including 8 794 1/100 up to 6,000 350 350 the outdoor patio 1/55 for each 55 sq. ft. over 6,000 ANALYSIS: A. Background: The existing pad building to be occupied by Toby Keith's "I Love This Bar and Grill," herein after referred to as "Toby Keith's," was originally approved under Development Review DRC2002-00690. The building was initially occupied by West Elm, a furniture store subsidiary of Williams-Sonoma. The store closed in 2009 and was subsequently leased to Toby Keith's after which they submitted Conditional Use Permit DRC2010-00355 and Entertainment Permit DRC2010-00356 on May 17, 2010. B. General: Toby Keith's will occupy a lease space of approximately 15,928 square feet with an outdoor covered dining area of approximately 770 square feet located at the northwest corner of the building fronting North Main Street (Exhibit B). A large bar area of approximately 1,154 square feet, with 73 bar stools, is located in the center of the restaurant. A 754 square foot raised platform is located on the west side of the restaurant for all live band • performances. A standing room/dance floor area of approximately 750 square feet is located directly in front of the stage. The remainder of the restaurant is dedicated to table seating that can be removed as necessary depending upon the type and scale of event. The applicant has applied for a Conditional Use Permit in order to modify the exterior of the building to convert a portion of the interior space to an outdoor covered dining area. This Conditional Use Permit is also required in order to allow a bar use in conjunction with a restaurant, as well as for the applicant to obtain a Type-47 License to serve distilled spirits. In addition to the Conditional Use Permit, the applicant has applied for an Entertainment Permit in order to allow live bands, dancing, and mechanical bull riding. Consistent with other Toby Keith restaurants across the country, the business will primarily operate as a restaurant during the day, and in the evening the restaurant will host a live band performance, while still offering a late night dining menu. The proposed hours of operation for the restaurant and bar are as follows: Hours of Operation Monday through Saturday: 11:00 a.m. to 2:00 a.m. Sundays: 10:00 a.m. to 2:00 a.m. Holidays: 10:00 a.m. to 2:00 a.m. Special Event: 10:00 a.m. to 2:00 a.m. • A & B 2 • PLANNING COMMISSION STAFF REPORT DRC2010-00355 AND DRC2010-00356 —CRGE RANCHO CUCAMONGA LLC • July 23, 2010 Page 3 The proposed entertainment type and hours are as follows: Entertainment Type/Hours Monday through Saturday: 9:00 p.m. to 1:00 a.m. — Live Bands/Dancing Sunday:.8:00 p.m. to 12:00 a.m. — Live Bands/Dancing Holidays: 2:00 p.m. to 1:00 a.m. — Live Bands/Dancing Special Event: 10:00 a.m. to 1:00 a.m. — Live Bands/Dancing *Mechanical Bull is available during full hours of operation for special events. C. Compatibility of Use: The subject applications are a request to operate a restaurant and bar with outdoor dining and include entertainment such as live bands and dancing as ancillary to the primary use (restaurant). The subject site has a General Plan land use designation of Mixed Use, which the General Plan describes as: "The Mixed Use designation offers opportunities for more intensely developed districts that combine complimentary commercial, office, residential, and community uses in areas with easy access to transit. The::desired outcome of the Mixed Use designation is to create special urban places within the general suburban pattern of single purpose uses. Mixed Use development approaches offer opportunities for people to live close to work or near transit stops, to walk to neighborhood stores and parks, to enjoy indoor and outdoor entertainment close to home, and to experience exciting pedestrian districts." • Staff believes that the applications are consistent with•the General Plan land use designation in that the proposed use will offer entertainment opportunities for local residents and regional visitors, creating a more vibrant urban space. Second, the addition of the outdoor dining area along North Main Street will further facilitate a unique pedestrian district and street scene in the Victoria Gardens shopping center. Because of the regional scale of the Victoria Gardens shopping center, in conjunction with adequate on-site parking to serve the proposed use, staff believes that the proposed use is in accordance with the General Plan and the purposes of the district in which it is located. Together with the conditions applicable thereto, staff believes that the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. D. Security Toby Keith's has established a thorough security plan to address potential situations during business operations, as well as ensure proper alcohol service. Toby Keith's has provided a copy of their Security Procedures as Exhibit D, which clearly describes their security personnel's role in dealing with any issues that may arise. In addition to the security provisions proposed by Toby Keith's, the staff has included a condition in the resolution that will require an employee who serves alcohol to obtain a Certificate of Completion for training in the proper service of alcohol (L.E.A.D. or equivalent). • Also, an additional condition of approval has been included requiring the applicant to cease all alcohol sales and consumption no less than thirty (30) minutes before closing. This is to A & B 3 . PLANNING COMMISSION STAFF REPORT DRC2010-00355 AND DRC2010-00356 —CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 4 • ensure that all patrons will have adequate time between consuming a drink and leaving the establishment. E. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project does not result in any major interior or exterior alterations, and there is no substantial evidence that the project may have a significant effect on the environment. FACTS FOR FINDING: Conditional Use Permit The evidence indicates that: 1. The subject site has a General Plan land use designation of Mixed Use. The proposed use is in accordance with General Plan Policy LU-1.3 which encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the restaurant and bar with outdoor dining to the shopping center, the shopping center can expand its services and attract a wider range of residents; and • 2. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and 3. The proposed use complies with each applicable provision of the Victoria Gardens Master Plan and the City of Rancho Cucamonga Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses. Entertainment Permit The evidence indicates that: 1. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to require onsite security during the hours of entertainment and ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and 2. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and A & B 4 PLANNING COMMISSION STAFF REPORT DRC2010-00355 AND DRC2010-00356 — CRGE RANCHO CUCAMONGA LLC July 28, 2010 • Page 5 3. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and.adjacent residential development as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and 4. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2010-00355 and Entertainment Permit DRC2010-00356 through the adoption of the attached Resolutions of Approval with Conditions. Respectfully submitted, Jame AICP • Troyer, Director JRT:AC/ge • Attachments: Exhibit A - Location Map Exhibit B - Floor Plan Exhibit C - Statement of Operation Letter Exhibit D - Entertainment Plan Exhibit E - Security Procedures Draft Resolution of Approval for Conditional Use Permit DRC2010-00355 Draft Resolution of Approval for Entertainment Permit DRC2010-00356 • • A & .B 5 NrCAC-,. ,,,.....:,v..'‘.,.--i:t;;.. 'IN ''' t&I i i. -:.,4,4:4;\ ''•AZ1,. 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III � '! s � { m��� 3ai�^�PYr b' i 1 V 'Qr ,�"C l r �`fi s,'.,t ty I r . 4i , v ' M a p i i� uk� P q' c r 1 t ` � �J"::w h41147�I d :iii 19' S, x ''7002.�l } : fi'^421'CIIP PA ' ., ", 4 +� -1 `4R+,al dire � ' � '�' , n2H -" .. r t r � � g , 1 '+c'} . agile.' .h �v " - r -,,,, 1r^:,kl 1 L h w re{ x� •y r } aSd - , 4 "}i a . } t } Toby Keith's I Love This Bar and Grill is a procedurally managed company. All of ,,j our staff is highly qualified..and trained in our specific processes and procedures. We are ..-i>.--.4?1 managed from a corporate level allowing corporate supervisors to visit the site at least is weekly to insure conformance-with our strict code of'conduct \\hich is in accordance with >I,1a�'�, ■S - % IRS.. ! ` 1 all applicable state and city laws This is a key ingredient to our success and an important ¢ , factor as to why our first location has not had a liquor violation during the entire time the i o ; business has been in operation: u 1 ■ , .. ,l.= { SI - ��p' ` 2010 OPENINGkh r e ; Rancho Cucamonga ip-�`r k1, I Yi �,,: k , 1 Toby Keith's Bar& Grill operates as a family dining establishment from the hours of 11 AM to l cif "din's _� 10 PM where our customers can"experience our unique southern fare with the family or enjoy a L sporting event on one,of our many screens/As the evening progresses and the dinner crowd 4;.r.� e subsides, a live local or nationally recognized band takes to the stage and our venue transforms 4-i, into an,exciting American country music establishment. We will adequately staff the restaurant at ,l;: 3; all times based on the expected number of patrons. We expect that maximum number of staff at any onetime to be 76. - tg'''',! The restaurant is divided between our legendary ninety-five foot guitar shaped bar, our state-of- 4(, the-art stage,where we can accommodate various bands from our namesake, Toby Keith,to a ;3.‘i,,,,,,,,, a popular local band, and our dining room which seats 280. We also offer a fun treat for the whole ["eiti't': family with our mechanical bull, affectionately named `Toby', which is portable and is brought qin ` out on special events such as our frequent fundraisers for local charities. Toby Keith's Bar & Grill strives to bring our customers an enjoyable safe environment. We . - accomplish this by prior proper planning. We do not react to a situation; we are proactive in order to prevent a situation from developing. Our exceptionally trained regulators execute a daily 0.written plan to outline events and special issues such as crowd control, Nev._., p p parking, capacity, with consideration for neighboring businesses and all city and state regulation. Security Ito personnel are formally trained on maintaining a safe secure environment for our guests and on : the importance of alcohol safety. EXHIBIT C __ asp^t 2 war,. --trYttor �+ t t r.-i 'A A A ,,, , f . 4_ i .9 , '..I tNS ttVinL ,,,,,a d VN i n i . w s:t-ig ty 2010 OPENING Rancho Cucamonga Projected hrs of operation Full service Restaurant Late Night menu only Live Entertainment open close start close start end Monday 11:00 AM 10:00 PM 10:00 PM 2:00 AM 9:00 PM 1:00 AM Tuesday 11:00 AM 10:00 PM 10:00 PM 2:00 AM 9:00 PM 1:00 AM Wednesday 11:00 AM 10:00 PM 10:00 PM 2:00 AM 9:00 PM 1:00 AM Thursday 11:00 AM 10:00 PM 10:00 PM 2:00 AM 9:00 PM 1:00 AM Friday • 11:00 AM 11:00 PM 11:00 PM 2:00 AM 9:00 PM 1:00 AM Saturday 11:00 AM 11:00 PM 11:00 PM 2:00 AM 9:00 PM 1:00 AM Sunday 10:00 AM 10:00 PM 10:00 PM 2:00 AM 8:00 PM 12:00 AM • Holidays 10:00 AM 10:00 PM 10:00 PM 2:00 AM 2:00 PM 1:00 AM Special event 10:00 AM 2:00 AM 2:00 AM 2:00 AM 10:00 AM 1:00 AM • • A & B 9 Toby Keith's I love this Bar & Grill Rancho Cucamongacm_C • Description of proposed entertainment Toby Keith's I love This Bar & Grill would like to request an entertainment permit to conduct live country music in our proposed location, Victoria Gardens. All live entertainment will be on the stage. Please see the attached floor plan. We will have a live band nearly as often as every night of the week from the hrs of 9 PM until close. We will also have an occasional band at other times such as a fundraiser or other special event. There will be no more than 10 people performing on the stage at one time. Typically there is a no cover at all of the Toby Keith's Locations; however, from time to time there is a ticketed event such as a charity event or a fan club party. • • • • Toby on the stage in our recently opened Auburn Hills Michigan Location • • EXHIBIT D Pagelofl A & B 10 Toby Keith's I love this Bar & Grill o Jna N Rancho Cucamonga 8'""&gam& • SECURITY PROCEDURES The purpose of Toby Keith's security personnel, called "Regulators- is to provide a safe environment in the Restaurant. Our top priority is to furnish our security personnel with the appropriate knowledge to handle any situation that may arise in the course of employment. The tools provided here are based on principles expertly designed to provide a safe environment for our staff, patrons, and property. Use of Force Regardless of the number of security staff, all contact with our patrons should follow the basic guidelines of the Use of Force Matrix. This Matrix is broken into 5 steps: I. Apparent Force This Force is created by the visual sense of authority our staff projects. It is our staffs appearance, attitude, demeanor and body posture. These elements should be professional and create a sense of authority to all patrons observing us. This enables the patrons to know who is an employee and that when the employee approaches them,they should pay heed to any instructions or requests. This level of force is not achieved by intimidation, but rather by courteous professionalism. II. Constructive Force • This Force is the result of the spoken word; what our staff says to our patrons. This level should continue the line of professionalism and helpfulness. Profanity used towards the patron expressly forbidden. The goal here is to give the patron the impression that our staff is here to help. We know that as long as the patron feels our staff is trying to help them, they will continue to let our staff try. The moment the patron feels intimidated, insulted or offended, then they become defensive and our staff's job of gaining compliance is greatly hampered. III. Physical Force This Force is where our staff would place their hands on our patrons to restrain and or remove them from our venue. This force is only authorized when a patron presents an unquestionably unsafe element to our environment or other patrons. We do not create a fight; we prevent them. All holds will be implemented with the intent of restraining rather than inflicting pain. No pain compliant holds should be utilized. Choke holds or any holds around the neck are not authorized. Whenever feasible, two employees should approach the unruly patron and work as a team. Though individual holds may be necessary, it is always better to have two employees restrain/remove a patron. IV. Defensive Force This Force provides for an employee to defend himself against a physical attack. There are three options our employee has if he or she is attacked: 1) Push • away from the patron and create distance while calling for assistance. 2) Immediately EXHIBIT E Page 1 of 4 A & B 11 Toby Keith's I love this Bar & Grill , „ Rancho Cucamonga R PA grab the attacker and restrain them with the least amount of force necessary. 3) As.a • last resort, strike the patron to stun them and immediately grab the attacker to restrain them. Continued strikes, be either fist or feet, without regard to restraint, will constitute excessive force for which we, the venue and our employee may be held civilly and/or criminally responsible. V. Deadly Force This Force is to be used only if a patron expresses the intent to kill or cause grievous bodily injury to another, has a weapon (either personal such as fist or feet or mechanical such as a knife or gun), and has the capability to carry out the . threat. In situations where deadly force is real, our staff is instructed to immediately call 9-1-1 and remove all potential victims from the attacker. It is not recommended that our staff attempt to disarm the attacker, but instead to safeguard other patrons and employees. This Matrix serves as a constant reference tool for security. Our staffs reactions are required to be congruent to the incident in displaying the appropriate level of response. Any physical contact should be based on the least amount of force necessary to accomplish the objective of restraint. Pain compliant holds and choke holds are expressly forbidden. A quick rule of thumb is to respond to non-physical incidents in a non-physical manner and to respond to physical incidents in a physical manner, using the least amount of physical response as is necessary to ensure everyone's safety. However, there are those times when a non-physical incident may • result in a physical response. At times like those, our security has been trained to utilize a technique referred to as C.R.O.C. which is outlined below: • Command Ask or tell the patron to do or stop doing something—This is to be done in a stern, but pleasant manner. (e.g. Good Evening, sir. My name is Shane; I'm security here at the bar. I'm going to need you to put your shirt back on while inside the bar. Thank you very much.). • Reasons Why you need the patron to do or stop doing something, if they do not comply with your command—Unruly patrons may respond to our request if given a reason why we require their compliance. (e.g. I know it's hot in here and you don't want to put your shirt on sir, but it's a house policy that guys must wear shirts while in the bar. So, if you could just put your shirt back on, I'd appreciate it. Thanks.). • Options Explain what options the patron has and the potential outcomes of those options— People do not want to be forced to do anything, but if given options, a patron is likely to comply. (e.g. OK, sir. I understand you don't want to put your shirt back on, but that really only leaves us two options: One, you put the shirt back on and stay inside the bar and continue to have a good time, or Two, if you choose to keep the shirt off, I'm going to have to ask you to leave and I really don't want you to • Page 2 of 4 A & B 12 • Toby Keith's I love this Bar & Grill • Rancho Cucamonga I a¢3 sn�ns�can-nn • go. I'm glad you're here. So why don't you just put the shirt on and stay in the Restaurant? Thanks.). • Confirmation Again, we understand that people want to be treated with respect and want their opinions heard. Ask patron if they have any suggestions to amicably rectify this issue (e.g. Sir is there anything I can do to get you to put your shirt on so you can stay in the bar?) If the patron refuses to comply with the laws of the city of Rancho Cucamonga and the state of California OR to follow the house policy established to maintain a safe environment and security has used C.R.O.C., then security is now authorized to use minimal physical force to remove the patron from our venue. Hands-on is still, always, a last resort Incident Report Writing All staff needs to provide a thorough account of any incident. Examples of when reports should be completed are fights, injury, medical or law enforcement involvement, severely intoxicated patrons, and any crimes (e.g. Larceny from a patron, refusing to pay for services, destruction of property). These reports must include the date and time of the incident, names of the employees involved, participants and any witnesses. The reports of all staff need to be clear and • chronologically organized so that the reader can get a clear picture of not only the incident, but the response to the incident. These reports are required to be completed by the end of the employee's shift and faxed to the insurance provider by close of that business day. Firearms/Weapons At no time are employees allowed to carry and guns, knives, other weapons, or chemical agents. This prohibition includes flashlights that are larger than 2 AA batteries. Uniform The uniform consists of a colored shirt that reads "Regulator" in a solid script not less than 2" so that patrons can easily identify who is in charge. The uniform must be worn at all times while our security personnel are on the clock. The uniform must be • tucked in and pressed so that their appearance is professional. Door Policy No patron will be served alcohol without providing a valid form of identification when requested. We comply with suggested guidelines of the California Alcohol • Beverage Control Commission which states that establishments granted liquor Page 3 of 4 A & B 13 Toby Keith's I love this Bar & Grill o � �i UV Rancho Cucamonga .trir 'm cmia:u, licenses are only to accept "bona fide" identification which is defined as ID that is • currently valid and issued by a governmental agency. Valid forms of identification include: a state driver's license with photo, a military ID, a Passport, or a state-issued identification card with photo. In accordance with California law, we do not accept foreign ID. Each ID will be checked at the door before the patron is allowed to enter the establishment, and should be checked again at the bar if the server feels a patron may be underage. We follow the California guidelines which suggest carding anyone who looks under 30. Any employee who is responsible for checking identification is required to adequately handle the identification. They must read the ID and feel for raised pictures or fraying laminate on the card. The card must also be inspected to ensure the person presenting the card looks like the person on the ID, and that the ID is not expired. Simply looking at an ID for the birth date is not an adequate ID check. If there is any question as to the authenticity of the ID, we may ask the patron questions about the card such as what is your address, what is your astrological sign, what day were you born, etc.. Anytime we suspect an ID is a fake we will deny entry to a patron. Also, a patron will be refused entry into the restaurant if they are visibly intoxicated or otherwise impaired before they enter the restaurant. Basic Security Rules • 1. Force will only be used when it is necessary to ensure the safety of the venue, other employees, or patrons. All use of force should be aimed at restraining the patron, not for fighting or hurting them. No hand-strikes are to be used unless an employee or patron is faced with serious physical injury or deadly force. 2. Security employees must not leave their post unless they are relieved by another employee. 3. Cell phones are not to be used when the security employee is at their post. 4. Security employees are not allowed to consume alcohol or use drugs during their shift. 5. Security employees are responsible for keeping their area of the Restaurant clean from spills and debris which could cause injury to another person. 6. If two combatants from a fight are separated, they are to be ejected through separate doors. The combatants should also be ejected at different times (i.e. eject the most aggressive combatant and wait 10 minutes to eject the other combatant). • 7. Always treat patrons with respect and courtesy. Use phrases like "please" and "thank you" often. Be stern but patient • Page 4 of 4 A & B 14 RESOLUTION NO. 10-29 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00355, A REQUEST TO OPERATE A 15,928 SQUARE FOOT RESTAURANT AND BAR WITH OUTDOOR DINING IN THE MIXED USE DISTRICT OF THE VICTORIA GARDENS MASTER PLAN, LOCATED AT THE SOUTHWEST CORNER OF NORTH MAIN STREET AND EDEN AVENUE AT 12635 NORTH MAIN STREET - APN: 0227-452-43; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. CRGE Rancho Cucamonga LLC, filed an application for the issuance of Conditional Use Permit DRC2010-00355, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the application." 2. On the 28th day of July, 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 July 28, 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 at 12635 North Main Street, with a street frontage of approximately 400 feet along Church Street, 925 feet along Victoria Gardens Lane, and 460 feet along Day Creek Boulevard, and a lot depth of approximately 965 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The properties to the north, south, east, and west are all part of the existing Victoria Gardens shopping center, which is located in the Mixed Use zoning district; and c. The subject site has a General Plan land use designation of Mixed Use. The proposed use is in accordance with General Plan Policy LU-1.3 that encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the restaurant and bar with outdoor dining to the shopping center, the shopping center can expand its services and attract a wider range of residents; and • d. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and A & B 15 PLANNING COMMISSION RESOLUTION NO. 10-29 DRC2010-00355 — CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 2 e. The proposed use complies with each applicable provision of the Victoria Gardens Master Plan and the City of Rancho Cucamonga Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines • Section15301-Existing Facilities because the project does not result in any major interior or exterior alterations. In addition,there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is hereby granted for the operation of a 15,928 square foot restaurant and bar with outdoor dining in the Mixed Use District of the Victoria Gardens Master Plan, located at the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street — APN: 0227-452-43. 2) The days and hours of operation shall be limited to Monday through Saturday between 11:00 a.m.to 2:00 a.m., Sunday between 10:00 a.m. to 2:00 a.m., holidays between 10:00 a.m. to 2:00 a.m., and special events between 10:00 a.m. to 2:00 a.m. 3) The sale and consumption of alcohol shall cease no less than thirty • (30) minutes before the closing times as indicated in Condition No. 2. A & B 16 PLANNING COMMISSION RESOLUTION NO. 10-29 DRC2010-00355 —CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 3 • 4) 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 attorneys 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. 5) Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 6) The applicant shall obtain all necessary permits from the Building and Safety Department and the Rancho Cucamonga Fire Protection District prior to operation. 7) No modifications to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. • 8) Approval of this request shall not waive compliance with all sections of. the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Alcohol Service: 9) Applicant must use an identity card scanner(ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment as defined by Section 5.12 of the Municipal Code. (Definition of ID Scanner: An ID Scanner automates and documents the age verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification number, and date of birth on the identity card provided by patrons. This information should be recorded and maintained for a minimum of thirty (30) days. The business will provide the ID Scanner records to law enforcement upon request. 10) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to distinguish alcoholic drinks from non-alcoholic drinks. Additionally, persons over 21 years of age shall have a unique mark or symbol applied to the backside their hand that readily identifies them as a person who can be served an alcoholic drink. • 11) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. A & B 17 PLANNING COMMISSION RESOLUTION NO. 10-29 DRC2010-00355 — CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 4 • 12) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "Buy one drink, get one free," "Two for the price of one," or "All you can drink for ..." or similar language. 13) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. 14) Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic drink shall not be sold to a single patron for their sole consumption. 15) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 16) Employees and contract security personnel shall not consume any alcoholic beverages during their work shift. 17) A file containing the names and dates of employment of every person serving alcoholic beverages for consumption by patrons on the licensed premises and every manager shall be kept on the premises. The file shall also include a copy of each person's certificate of completion of the Department of Alcohol Beverage Control L.E.A.D. course (Licensee Education on:Alcohol and Drugs) or equivalent. • Upon request, said file shall be made available for review to representative of the City of Rancho Cucamonga Police Department. New employees will have 90 days from date of employment to obtain L.E.A.D. certification or equivalent. 18) There shall be a Designated Driver Program wherein there is an incentive to the person not drinking alcoholic beverages, who is in a group of three or more, to be the designated driver for that group of patrons. 19) There shall be a taxi-ride program where the establishment will offer to call a taxi for patrons when it seems appropriate. Phone numbers of local taxi companies shall be posted for viewing by patrons. Security: 20) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 21) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned • noise,or(3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. A & B 18 PLANNING COMMISSION RESOLUTION NO. 10-29 DRC2010-00355 —CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 5 • 22) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident,_and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct,drug trafficking,or excessive loud noise. 23) Security personnel required by the Entertainment Permit issued for the licensed premises shall be in a uniform or clothing that is readily identifiable as a security .person. They shall maintain order and enforce the establishment's no loitering policy and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section.24200 of the California Business and Professions Code) to • • correct objectionable conditions that constitute a nuisance. 24) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated • persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; • handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 25) Contract security services shall be familiar with the establishment's written security policy and procedures; by reviewing them and signing they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual. 26) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. 27) Install a closed circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of entertainment. Videos are to be recorded,and a library of events shall be kept and available for inspection by the City of Rancho Cucamonga Police Department. • A & B 19 PLANNING COMMISSION RESOLUTION NO. 10-29 DRC2010-00355 — CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 6 • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., 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 28th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: • • A & B20 • t COMMUNITY DEVELOPMENT 44, ;, DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00355 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: CRGE RANCHO CUCAMONGA LLC LOCATION: 12635 NORTH MAIN STREET— APN: 0227-452-43 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT "SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: . 0. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 10-29, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The /_/ . project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X 0 SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00355StdCond 7-28.doc A & B 21 Project No. DRC2010-00355 Completion Date B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/_/ • building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/ /_ site plans,architectural elevations,exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Victoria Gardens Master 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. 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. D. Shopping Centers • 1. Graffiti shall be removed within 72 hours. • 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ • debris remain for more than 24 hours. 3. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/ /_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading,unloading,opening,closing,or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or /_/_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00355StdCond 7-28.doc A & B22 Project No. DRC2010-00355 Completion Date architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or • ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building.. Details shall be included in building plans. F. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. / /_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 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) • G. 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.,DRC2010-00355 and DRC2010-00356)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/ /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / / 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / /_ Building and Safety Department. • • • 3 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00355StdCond 7-28.doc A & B 23 Project No.DRC2010-00355 ' Completion Date H. 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., DRC2010-00355 and DRC2010-00356). The applicant shall comply with the latest adopted California Codes,and all other applicable codes,ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or /_/_ major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. 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. 4. Construct trash enclosure(s) per City Standard (available at the Planning Department's public / /_ counter). I. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances / /_ considering use, area, and fire-resistiveness. • 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in combustible attic areas. 4. Walls shall be constructed of the required fire rating in accordance with CBC. 5. Openings in exterior walls shall be protected in accordance with CBC. / /_ 6. Upon tenant improvement plan check submittal, additional requirements may be needed. / /_ APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • 4 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00355StdCond 7-28.doc • A & B24 ° Rancho Cucamonga Fire Protection District i acd Mpy a, • �anr' a Cv`I I o;. a A Fire Construction Services > FIRE STANDARD CONDITIONS July 13, 2010 Toby Keith's Bar and Grill 12635 North Main Street DRC2010-00355 and DRC2010-00356 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The entertainment activities must be in accordance with the occupancy of the building as approved by the Building and Fire Departments FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed modified as required and in accordance with the 2002 Edition of NFPA 13, the California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46. • FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The fire alarm system must be installed in accordance with the 2007 edition of NFPA 72, The 2007 California Building Code, the RCFPD Fire Alarm Standard, and Ordinance FD46. The fire sprinkler systems must be monitoring by Central Station monitoring system. A manual and or automatic fire alarm system fire is also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire Department Access 1. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 2. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 3. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. • a. This access must be reachable by either fire department ground ladders or by an aerial ladder. A & B25 b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the • building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use • Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Repair Garages . Tents, Canopies and/or Air Supported Structures . LPG or Gas Fuel Vehicles in Assembly Buildings Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. • 2 A & B26 • 2. Fire Flow: A current fire flow letter from CCWD must be received with fire sprinkler plan check documents. The applicant is responsible for obtaining the fire flow information • from CCWD and submitting the letter to Fire Construction Services. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 2. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 3. Fire Suppression Systems and/or other special hazard protection .systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 4. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. • 5. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 6. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 7. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 8. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 1/2" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in • the standard. The site plan must be reviewed and accepted by the Fire Inspector. 3 A & B 27 RESOLUTION NO. 10-30 • A RESOLUTION•OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2010-00356, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS • BANDS AND DANCING IN CONJUNCTION WITH A 15,928 SQUARE FOOT RESTAURANT AND BAR IN THE MIXED USE DISTRICT OF THE VICTORIA GARDENS MASTER PLAN, LOCATED ON THE SOUTHWEST CORNER OF NORTH MAIN STREET AND EDEN AVENUE AT 12635 NORTH MAIN STREET - APN: 0227-452-43; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21; 1986,the City Council of the City of Rancho Cucamonga adopted Ordinance No.290 providing for the regulation of entertainment. 2. CRGE Rancho Cucamonga LLC, filed an application for the issuance of Entertainment Permit DRC2010-00356, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 28th day of July, 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. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced . public hearing on July 28, 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 at 12635 North Main Street, with a street frontage of approximately400 feet along Church Street, 925 feet along Victoria Gardens Lane, and 460 feet along Day Creek Boulevard, and lot depth of approximately 965 feet and which is presently improved with an existing shopping center consisting of pad buildings, in-line tenant buildings, parking areas,and landscaping; and b. The properties to the north, south,east,and west are all part of the existing Victoria Gardens shopping center which is located in the Mixed Use zoning district; and c. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to require on-site security during the hours of entertainment and ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and d. The premises or establishment is not likely to be operated in an illegal, improper or disorderly •manner, as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and A & B28 PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356—CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 2 • e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential development as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and f. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above,this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper or disorderly manner; and c. That the applicant,or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit,or license issued in conjunction with the sale of • alcohol or the provisions of entertainment revoked within the preceding five years; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential development; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any major interior or exterior alterations. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below and in the attached Standard Conditions incorporated herein by this reference: • A & B29 PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356 —CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 3 • Planning Department 1) Approval is hereby granted to CRGE Rancho Cucamonga LLC, d.b.a. Toby Keith's 'I Love This Bar and Grill,' owner, for an Entertainment Permit which includes live entertainment such as dancing, bands, and mechanical bull riding in conjunction with a 15,928 square foot restaurant and bar in the Mixed Use District of the Victoria Gardens Master Plan, located on the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street- APN: 0227-452-43. 2) This approval is only for bands, dancing, and mechanical bull riding. Any change of intensity or type of entertainment shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Monday through Saturday 9:00 p.m.to 1:00 a.m.,Sundays between 8:00 p.m.to 12:00 a.m., holidays between 2:00 p.m. and 1:00 a.m., and special events between 10:00 a.m. and 1:00 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) Per Section 5.12 of the Rancho.Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the property be sold or ownership transferred, a new Entertainment Permit must be reviewed and • issued by the Planning Commission to the new owner. 5) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 6) There shall be no flashing lights, disco lights, or similar lighting during the hours . of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 7) Entertainment shall be conducted inside the building. 8) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 9) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 10) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 11) If operation of this Entertainment Permit causes adverse effects upon adjacent • residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought A & B 30 PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356—CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 4 • before the Planning Commission for consideration and possible suspension or revocation of the permit. 12) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 13) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. Security: 14) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm as approved by the Rancho Cucamonga Police Department shall be required to be on the premises during the hours of entertainment as defined in Condition No.3. The guard shall be in peace officer attire and shall remain on duty in the parking area and outside of the adjacent areas of the facility to avert problems such as loud noise, disorderly conduct from patrons, or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 15) Except in case of emergency,the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary • entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 16) Any patron who (1)fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely:to provoke an immediate violent reaction shall be removed from the premises. 17) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased,or rented by the licensee. The log will indicate date,time, description of the incident, and the action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 18) Security personnel required by the Entertainment Permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions • Code) to correct objectionable conditions that constitute a nuisance. A & B 31 PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356—CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 5 • 19) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s);verifying age/checking identification of patrons;warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 20) Contract security services shall be familiar with the establishment's written security policy and procedures; by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual. 21) Prior to utilizing a contract security guard company,the establishment shall verify that the security company has a current business license with the City of Rancho Cucamonga. 22) Install a closed circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of entertainment. Videos are to be recorded and a library of events shall be kept • and available for inspection by the .City of Rancho Cucamonga Police Department. Fire District/Building and Safety Department. 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman •ATTEST: James R. Troyer, AICP, Secretary A & B32 PLANNING COMMISSION RESOLUTION NO. 10-30 DRC2010-00356—CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 6 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 28th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: . NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • • A & B 33 in, .`"y r, Rancho Cucamonga Fire Protection District L Q e.4. { Ir a I .;,. ,4 Fire Construction Services FIRE /; P, STANDARD CONDITIONS July 13, 2010 Toby Keith's Bar and Grill 12635 North Main Street DRC2010-00355 and DRC2010-00356 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The entertainment activities must be in accordance with the occupancy of the building as approved by the Building and Fire Departments FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed modified as required and in accordance with the 2002 Edition of NFPA 13, the California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46. • FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The fire alarm system must be installed in accordance with the 2007 edition of NFPA 72, The 2007 California Building Code, the RCFPD Fire Alarm Standard, and Ordinance FD46. The fire sprinkler systems must be monitoring by Central Station monitoring system. A manual and or automatic fire alarm system fire is also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire Department Access 1. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 2. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 3. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. • a. This access must be reachable by either fire department ground ladders or by an aerial ladder. A & B 34 b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the • building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use • Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Repair Garages . Tents, Canopies and/or Air Supported Structures . LPG or Gas Fuel Vehicles in Assembly Buildings Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. • 2 A & B 35 2. Fire Flow: A current fire flow letter from CCWD must be received with fire sprinkler plan check documents. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. • PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 2. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 3. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 4. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. • 5. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 6. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 7. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. 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CRGE Rancho Cucamonga LLC,filed an application for the issuance of Conditional Use Permit DRC2010-00355, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 28th day of July, 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 July 28, 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 at 12635 North Main Street, with a street frontage of approximately 400 feet along Church Street, 925 feet along Victoria Gardens Lane, and 460 feet along Day Creek Boulevard, and a lot depth of approximately 965 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The properties to the north, south, east, and west are all part of the existing Victoria Gardens shopping center, which is located in the Mixed Use zoning district; and c. The subject site has a General Plan land use designation of Mixed Use. The proposed use is in accordance with General Plan Policy LU-1.3 that encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the restaurant and bar with outdoor dining to the shopping center, the shopping center can expand its services and attract a wider range of residents; and d. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and n 74 /5 PLANNING COMMISSION RESOLUTION NO. 10-29 DRC2010-00355 — CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 2 e. The proposed use complies with each applicable provision of the Victoria Gardens Master Plan and the City of Rancho Cucamonga Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any major interior or exterior alterations. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is hereby granted for the operation of a 15,928 square foot restaurant and bar with entertainment and outdoor dining in the Mixed Use District of the Victoria Gardens Master Plan, located at the southwest corner of North Main Street and Eden Avenue at 12635 North Main Street—APN: 0227-452-43. 2) Entertainment shall not be provided without a valid Entertainment Permit. The business shall comply with all conditions of approval for such Entertainment Permit, including without limitation the hours of operation set forth in the Entertainment Permit. PLANNING COMMISSION RESOLUTION NO. 10-29 DRC2010-00355 — CRGE RANCHO CUCAMONGA LLC July 28, 2010 Page 3 3) The days and hours of operation shall be limited to Monday through Saturday between 11:00 a.m.to 2:00 a.m., Sunday between 10:00 a.m. to 2:00 a.m., holidays between 10:00 a.m. to 2:00 a.m., and special events between 10:00 a.m. to 2:00 a.m. 4) The sale and consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition No. 2. 5) 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. 6) Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 7) The applicant shall obtain all necessary permits from the Building and Safety Department and the Rancho Cucamonga Fire Protection District prior to operation. 8) No modifications to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 9) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Alcohol Service: 10) Applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment as defined by Section 5.12 of the Municipal Code. (Definition of ID Scanner: An ID Scanner automates and documents the age verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification number, and date of birth on the identity card provided by patrons. This information should be recorded and maintained for a minimum of thirty (30) days. The business will provide the ID Scanner records to law enforcement upon request. 11) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to . distinguish alcoholic drinks from non-alcoholic drinks. Additionally, ,qf- S � 7 • \ ti STAFF REPORT ` • PLjNNING DEPARTMENT • • DATE: July 28, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: • James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner - ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00882 - PITASSI ARCHITECTS, INC - A request to,construct a 27,879 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility on a 6.65-acre lot in the General Industrial District (Subarea 2), located at 8825 Hellman Avenue - APN: 0209-013-23 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Industrial Building — General Industrial, Subarea 2 South - Industrial Building — General Industrial, Subarea 2 East - Industrial Building — General Industrial, Subarea 3 West - Industrial Building — General Industrial, Subarea 2 • B. General Plan Designations: Project Site — General Industrial North - General Industrial South - General Industrial East - General Industrial West - General Industrial C. Site Characteristics: The project site is located at the northwest corner of Hellman Avenue and 8th Street. The site is L-shaped and contains the existing City Yard to the northwest corner of the site. The parcel is surrounded on.all sides by industrial type buildings. D. Parking Calculations: The project is parked per the parking criteria of the Development Code and the tabulation of the required parking spaces is as follows: Number of ' Number of Square Parking Spaces Spaces • Type of Use Footage Ratio Required Provided Office/Admin. Use 27,879 1:250 112 248 Warehouse 3,136 1:1,000 3 7 ANALYSIS: A. Background: The City Yard site consists of 3 contiguous parcels that total approximately 21.58 acres. Two of the parcels contain the current maintenance building, fuel islands, • warehouse, and covered vehicle storage. The two parcels account for 5.59 acres. The future plans for the structures on these parcels are that the existing maintenance building should be Item C PLANNING COMMISSION STAFF REPORT DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 • Page . The current project will account for 6.65 acres and the remaining 9.33 acres are master planned to accommodate a 20,000 square foot maintenance building with approximately 280 parking stalls of various types and a future public facility along Hellman Avenue. B. General: The applicant, on behalf of the City of Rancho Cucamonga, is Pitassi Architects, Inc. The Public Works Division of the City is proposing a 27,897 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility, with a 400 square foot shed on approximately 6.65 acres of land at 8825 Hellman Avenue. The project site is connected to the southern portion of the current City Yard facility and will be accessed from both Hellman Avenue and Lion Street. The 6.65-acre project site is part of a 15.98-acre parcel in which the remainder has been master-planned and will be developed at a later date. The current project will be completed in two stages. The first stage of the development will consist of constructing the Public Works Administration building. The second stage will include the Household Hazardous Waste Facility, which will start construction once the new public storm drain has been installed on Hellman Avenue. The buildings are single-story structures with a modern institutional design theme. Both buildings will be constructed from masonry block of different finishes and colors supplied by Angelus Block. The exterior of the Administration building is proposed to use a mixture of burnished, precision, and split-face block to break up the wall plane with the different colors and textures. The banding will provide visual interest. The center portion of the building, • where the main entry is located, will be constructed of tilt-up concrete panels with sandblasted concrete on the bottom and different color bands painted between the score lines. The focal point of the building is the main entry, which can be seen while traveling on Lion Street towards the site. The Hazardous Household Waste building utilizes an angled roof plane that slices upward from the rear of the building out and over the drive aisle, creating a large canopy to be utilized as a drop-off area. The roofing will consist of a steel seam metal roof, "Cool Metallic Champagne" in color. The exterior of the building will consist of a blend of split-face colors supplied by Angelus Block. This blend has 3 colors of brown: Oak, Harvest, and Shoreline. The wainscot approximately 40 inches in height will consist of a 4-score split-face block "Midnight" in color supplied by Angelus Block. The accent banding around the building will be "Moss" in color but have finishes of precision and burnished block. The precision block Cement Mortar Unit (CMU) lintels above the windows are constructed of a "Natural Gray" concrete. The roll-up doors and metal louvers on the building will be painted "Pine Green." The site is proposing to utilize "Green Building" practices such as solar panels on the roofs of both buildings, the use of pervious surfaces in the parking areas, and the utilization of drought tolerant landscaping. C. Design Review Committee: The Design Review Committee (Munoz, Wimberly, and Granger) reviewed the site, building elevations, materials, and Conceptual Landscaping Plans on June 15, 2010, and recommended approval. D. Grading Review Committee: The Grading Committee reviewed the development portion of the • project on June 15, 2010, and recommended approval. C-2 • • PLANNING COMMISSION STAFF REPORT DRC2009-00882 — PITASSI ARCHITECTS, INC. • July 28, 2010 Page E. Technical Review Committee: The Technical Review Committee reviewed the proposed development on June 15, 2010, and recommended approval. F. 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, Cultural Resources, Geology and Soils, Hazards and Waste Materials, 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 as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. • RECOMMENDATION: Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration of environmental impacts and approve the Development Review • DRC2009-00882 through the adoption of the attached Resolution of Approval with conditions. Respectfully submitted, Ja s R. Troyer, AICP Planning Director JRT:SF/ge Attachments: Exhibit A - Aerial View Exhibit B - Site Utilization Map Exhibit C - Site Plan with master plan Exhibit D - Fire Access Plan Exhibit E - Grading Plan Exhibit F - Landscape Plan Exhibit G - Building Floor Plan Exhibit H - Building Elevations Exhibit I - Detailed Site Plan Exhibit J - Roof Plan Exhibit K - Design Review Action Comments dated June 15, 2010 Exhibit L - Initial Study,Parts I and II Draft Resolution of Approval for Development Review DRC2009-00882 • C-3 • • DESIGN REVIEW COMMENTS 7:40 p.m. Steve Fowler June 15, 2010 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00882 — PITASSI ARCHITECTS, INC - A request to construct a 27,879 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility on a 6.65-acre lot in the General Industrial District (Subarea 2), located at 8825 Hellman Avenue - APN: 0209-013-23. Design Parameters: The applicant is proposing to construct a 27,879 square foot Public Works Administration building and a 2,736 square foot Household Hazardous building on approximately 6.65 acres of land at 8825 Hellman Avenue. This site is connected to the southern portion of-the current City Yard facility and will be accessed from both Hellman Avenue and Lion Street in Subarea 2 of the General Industrial District. The 6.65-acre project site is part of a 16.89-acre parcel in which the remainder has been master planned and will be developed at a later date. The current project will be completed in two stages: The first stage of the development will consist of constructing the Public Works Administration building, and then •. construction will be started on the Household Hazardous waste building once the new public`storm drain has been installed on Hellman Avenue. • The buildings are single-story structures with a modern institutional design. Both buildings will be.:. constructed from masonry block of different finishes and colors supplied by Angelus Block. The,. proposed exterior of the Administration building would have a mixture of burnished, precision, and split_ face block to break up the wall plain with the different•colors and textures. The banding will also give it . • , interest. The center portion where the main entry is located, is planned to be constructed of tilt up • concrete panels with sandblasted concrete on the bottom and different color bands painted between the score lines to give the elevations more interest. The main entry is the focal point of the building which is • seen while traveling on Lion Street towards the site. The proposed design of the Hazardous Household Waste building employs an angled roof plane that slices upward from the rear of the building out and over the drive aisle creating a large canopy to be utilized as a drop-off area. The roofing will consist of a steel seam metal roof, "Cool Metallic Champagne" in color. The exterior of the building will consist of a blend of split face colors supplied by Angelus Block. This blend has 3 colors of brown: Oak, Harvest, and Shoreline. The wainscot, approximately 40 inches in height, will consist of a 4-score split-face block °Midnight".in color supplied by Angelus Block. The accent banding around the building will be "Moss" in color but have finishes of , Precision and Burnished block. The precision block cement mortar unit lintels above the windows are constructed of a "Natural Gray" concrete. The roll-up doors and metal louvers on the building will be painted "Pine Green." "Green Building practices such as solar panels on the roofs of both buildings, the use of pervious surfaces in the parking areas and the utilization of drought tolerant landscaping are all incorporated into the proposed site plan. • Staff Comments: The following comments are intended to provide an outline for the Committee discussion regarding this project. • EXHIBIT K C-21 DRC AGENDA DRC2009-00882 — PITASSI ARCHITECTS, INC. • June 15, 2010 Page 2 Major Issues: The following design issues will be the focus of Committee discussion regarding this project: 1. The tilt up portion of the Administration building needs to display a more inviting entry statement by utilizing different materials or different finishes that compliment the rest of the building. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. There are no secondary issues at this time. • Staff recommendation: Staff recommends that the Design Review Committee review the application and return to Design Review Committee with a revised elevation of the tilt up portion of the Administration building before proceeding to Planning Commission. Design Review Committee Action: The Committee reviewed the project and agreed to recommend the item move to Planning Commission for approval. • Members Present: Munoz, Wimberly, Granger Staff Planner Steve Fowler • • • • • C-22 ENVIRONMENTAL INFORMATION FORM 5.. <" (Part I - Initial Study) City of Rancho Cucamonga (Please type or print clearly using Ink. Use the tab key to move from one fine to the next line.) Planning Division (909)477-2760 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City' Policies,Ordinances;and Guidelines;, the California Environmental ,Quality Act, and. the City's Rules and Procedures to Implement CEQA It is,important that the information requested in this application be provided in full. 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: j)i'G a ao 5' - 00 ?p Z Project Title: Administration/Crew Building & H.H.W.facility • Name&Address of project owner(s): City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Name&Address of developer or project sponsor. City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact Person&Address: Linda Daniels, Deputy City Manager, Redevelopment Agency Director City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Name&Address of person preparing this form(if different from above): Curtis Dahle, AIA, Director of Design Pitassi Architects, Inc., 8439 White Oak Avenue, Suite 105, Rancho Cucamonga, CA 91730 • Telephone Number. 909-980-1361 EXHIBITL Pa C lot 9 Created on 11/16/2009 2:43:00 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): Vacant parcel of land at south end of Lion Street, bordered by Hellman Aveneue to the east, Metrolink railroad to the south, and private industrial properties to the west. 4) Assessor's Parcel Numbers(attach additional sheet if necessary): 0209-013-23 *5) Gross Site Area (ac/sq. ft.): 6.73 • *6) Net Site Area (total site size minus area of public streets 8 proposed dedications): 6.619 ac/288,330 s.f. • 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: Design Review Approval and Entitlements; Grading Permits; Building 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): Site is generally flat, with 1%-2% slope from north to south. There is an open drainage course running from approximately the mid point of the north property line, south by southeast, under a wood trestle bridge at the railroad tracks to the intersection of Hellman Avenue and Eighth Street. There are • 10 mature palm trees equally spaced along the south property line. There is no other vegetation EnvironmentallnfoForm.doc Page 2 of 9 Created on 11/16/2009 2:43:00 PM C-24 • on site, as the property has been regularly maintained for fire preventive weed abatement. Temporary asphalt paving covers the north-west one-third of the site, where City vehicles and equipment are • parked. The south half of the pavement is used for material spreading and/or stockpiling. There are two areas enclosed with chain link fencing -the active vehicle/equipment parking area; and the second enclosed area where inactive City vehicles are stored. Above-noted data acquired from personal site visits, aerial photos, and a topographic survey, dated October 26, 2001. 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information (books, published reports and oral history): No known cultural or historical aspects. • 11) Describe any noise sources and their levels that now affect the site(aircraft, roadway noise, etc.)and how they will affect proposed uses: Moderate traffic noise from Hellman Avenue. Metrolink commuter train passes along south side of site multiple times each day. Freight trains periodically pass along the railroad line daily. 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: See attached. • • EnvironmentallnfoForm.doc Page 3 of 9 Created on 11/162009 2:43:00 PM C 25 • 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.): Surrounding properties are all industrial uses, with the exception of the railroad right-of-way along the south property line (8th Street parrallels opposite side of railroad right-of-way). Buildings are all primarily one-story, approximately 30-35 feet in height maximum. Adjacent properties are relatively small individual parcels. No cultural, historic, or scenic aspects are known to exist. 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? New building will be for office use and crew meetings only, therefore, no external noises will be generated. H.H.W. Facility will have light traffic noise on Saturday mornings, and trash/material pick up during the week. Master planned improvements will maintain current uses of site. *16) Indicate proposed removals and/or replacements of mature or scenic trees: None. 17) Indicate any bodies of water(including domestic water supplies)into which the site drains: Site drains to existing open gutters in Hellman Avenue. • EnvironmentallnfoForm.doc Page 4 of 9 Created on 11/16/2009 2:43:00 PM C-26 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) 0.00 Peak use (gal/Day) N/A b. Commercial/Ind. (gal/day/ac) 6,412.00 Peak use(gal/min/ac) • 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) • b. Commercial/Industrial(gal/day/ac) RESIDENTIAL PROJECTS: 20) Number of residential units: Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: N/A • Attached(indicate whether units are rental or for sale units): N/A • 21) Anticipated range of sale prices and/or rents: Sale Price(s) $0.00 to $ Rent(per month) $0.00 to $ 22) Specify number of bedrooms by unit type: N/A 23) Indicate anticipated household size by unit type: N/A • • EnvironmentalinfoForm.doc Page 5 of 9 Created on 11/16/2009 2:43:00 PM C-27 24) Indicate the expected number of school childnan who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: 0 • b: Junior High: 0 c. Senior High 0 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s)and major function(s)of commercial, industrial or institutional uses: A. Administrative offices, and, field crews facilities (meeting rooms, lockers, toilets & utility areas). B. Temporary storage ofhousehold hazardous waste materials. 26) Total floor area of commercial, industrial, or institutional uses by type: A. 27,879 s.f. B. 3,136 s.f. 27) Indicate hours of operation: A. Main operating hours are Monday-Thursday 6:00 am -6:00 pm. Limited operational hours Friday -Sunday. B. The City's HHW facility is open Saturdays from 8:00 am to 12noon. 28) Number of employees: Total: A. dos 9j9, • Maximum Shift: A. 109 Time of Maximum Shift: A. 67104#4- -1:tor PJ. 7za - j tootwl 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification(attach additional sheet if necessary): A. All existing employyes will be relocated to new building. All current job classification, wages, & salary ranges are expected to remain. At this time, no additional staffing is anticipated. B. There will not be any new jobs created as a result of this project. • 30) Estimation of the number of workers to be hired that currently reside in the City: 0 '31) For commercial and industrial uses only, indicate the source, type and amount of air pollution emissions.. (Data should be verified through the South Coast Air Quality Management District, at(818) 572-6283): • EnvironmentallnfoForm.doc Page 6 of 9 Created on 11/16/2009 2:43:00 PM C-28 • : 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. Water and sewer lines can be extended to serve the new buildings, including fire water service. Flood control facilities are planned for Hellman Avenue, however, the timing of the installation is unknown. 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. The property is currently vacant and to the best of our knowledge has always been vacant and was not used far storage or discharge of hazardous or toxic materials. 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. • See attached. 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, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that addition information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucam•• 1 If Date: JOV• 17, ate Signatur: tA� a��t Title: Director of Zi -sign • EnvironmentallnfoForm.doc Page 7 of 9 Created on 11/16/2009 2:43:00 PM C-29 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 • • • EnvironmentallnfoForm.doc Page 8 of 9 Created on 11/16/2009 2:43:00 PM C-30 • • 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 • EnvironmentallnfoForm.doc . Page 9 of 9 Created on 11/16/2009 2:43:00 PM C-31 Item No. 12. Development of a new 27,879 s.f. building for administrative office use, and for field crew meeting rooms and locker rooms. Adjacent paved drive aisles around new building and two parking lots (one with 25 spaces for public visitors, and one with 180 spaces for staff vehicles) will be provided. Access to the site will occur from a driveway on a new cul-de-sac at the south end of Lion Street, as well as, a new private drive from Hellman Avenue. Site will be fenced and gated. In addition, a separate area of the site will be parceled, and a warehouse for temporary storage of household hazardous materials will be constructed. The Household Hazardous Waste facility will include paved drive aisles for public queing and a paved lot for material storage bins. The H.H.W. site will be fenced with solid block walls. Future site development on the expansion parcel will include a new 20,000 s.f. vehicle maintenance building with paving for fleet vehicle and equipment parking (approximately half of future spaces will be covered with carports). There will also be material storage bunkers, a material transfer dock/ramp, and an unpaved yard for • large material storage and layout. The campus master plan includes repurposing the two existing buildings on the existing Service Center site. After the new Administration/Crew Building is completed, the existing Administration & Maintenance Building will be converted to a warehouse for use by the various City departments. The existing warehouse will then be converted to shops and related storage. The timing of these future developments is undetermined. Lastly, a separate 2.06 acre area will be parceled for future development of public facilities. • C-32 • Item No. 34. A. The Administrative/Crew Building will involve storage of sanitary materials for facility maintenance, i.e. bath, drain, kitchen cleaners, carpet/floor cleaning, deodorant, disinfectants, and window cleaners. B. The proposed Household Hazardous Waste Collection Facility will be used for the temporary storage of household hazardous waste from City/County residents. All materials will be stored inside the building in appropriate, approved storage containers for pick up. List of materials accepted and approximately quantities is attached. • • • C-33 City of Rancho Cucamonga Proposed Household Hazardous Waste Collection Facility Initial Study Questions • 1. Estimated weekly quantity and different types of materials the HEW is permitted to accept from residents only: Waste Average Amount (lbs) Per Week • Oil Base Paints 1,270 lbs • Latex Paints 1,976 lbs • Flammable Liquids/solids 790 lbs • Corrosive Acids 42 lbs • Corrosive Bases 14 lbs • Oxidizers 28 lbs • Poisons (excluding aerosols) 141 lbs • Antifreeze 790 lbs • Motor Oil/Oil Products 2,682 lbs • Oil Filters 212 lbs • • Cathode Ray Tubes (CRT) 2,823 lbs • Lead/Acid Batteries 790 lbs • Household Batteries 113 lbs • • NiCad Batteries 14 lbs • Fluorescent Tubes 42 lbs • Electronic waste 4,917 lbs • Aerosols 141 lbs • Compressed Gas Cylinders 85 lbs • Unknown 423 lbs 2. Removal/pick-up: Full containers of HEW, with the exception of oil and electronic waste, is picked up by County Fire/HHW Personnel weekly. The 500 gallon oil tank is pumped every two weeks. Electronic waste is picked up weekly. • C-34 .• ; . ,• - . _._... _ i 1 M f • r ) T -jh---- /i t i h....,'. . — is lit 0 r --Pk. . 1 1 i I :- ii,..iiiiu.,.1 1 rt fr.. -08. 11 ill „., : . . iff-; _ 1 . i ! I .Llill I . - I;L 7=1 r -=-1 I ,.1I I riti — Al.- r.;.1 I I-.; 1 .> ;II tui;i Ili iti i 1 i.'-n ';:l.L. =I i '4 .1 1.. 1 I l'--- ...J Hiwri. I 1 rim 1 ' 1 ., .;I; • - fir 1 II i Lill__ I,J...1 I,. ;4 r 1 1 It [I Lit...!...no ..,I . . -1 — ' 1 III 1.41.1.4.L.L.Ltt -!-. L- , 5--7;‘,1.1-..LE "T• 1711,1,Hu i 1 ) ti 1 711:J ll ! I N•rr.4.1 .... i i, '-"'""' -'• !!0 1,1 Cii li ‘., \ li I n.j1-..—.._,I==--,,, CI 1 I <:2C- il ■- \ 1. .--..— ,...1.1„,.____.._ • • , ii ., I I- F7 -... .i .UI <0 2 L411151k • , ._ 01 E II II 11,1 ! 1 ' . II , 1 0 Lit .1 E • 11 I • . 03 ft, i 1 • , , i 1 • , , .\\. : I .. • ..„, . .. . ,..",„„.„.. .14 . . -----,,,,,,,,..„,:.,..,-,'%_•' ,,__ ,.... Li . _n :________ ______ _...- ._„, _ ______ _ ___. _ _ . '1 '1- ---.. -05 _ ..., SITE PHOTOS North Pi, •Rancho Cucamonga Public Works Service Center PITASSI ARCHITECTS,INC. • 84)9 White Oak Me„Suite.105 • Rancho Cucamonga.Ca 91730 • City of Rancho Cucamonga C-35 GUASTI QUADRANGLE 'c;.y UNITED STATES CALIFORNIA :�`s DEPARTMENT OF THE INTERIOR STATE OF CALIFORNIA 7.5 MINUTE SERIES (TOPOGRAPHIC) �% GEOLOGICAL SURVEY DEPARTMENT OF WATER RESOURCES SEI.ONTARIO it OIIAORANOLE 117'37;30" .m n NE 3<'0]30' V1"a`E. 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Description of Project: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00882 - PITASSI ARCHITECTS, INC - A request to construct a 27,879 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility on a 6.65 acre lot in Subarea 2 of the General Industrial District at 8825 Hellman Avenue - APN: 0209-013-23. 3. Project Sponsor's Name and Address: Curtis Dahle Patassi Architects, Incorporated 8439 White Oak Avenue, Suite 105 Rancho Cucamonga, CA 91730 4. General Plan Designation: General Industrial • 5. Zoning: General Industrial District (Subarea 2) 6. Surrounding Land Uses and Setting: The project site is located at the end of the 8700 block of Lion Street. northwest corner of Victoria Park Lane and Long Meadow Drive bordered on the south and east sides by single-family homes and Victoria Arbors Park on the north and east sides (see attached USGS Quad Sheet and aerial photo). The zoning designations for the properties surrounding the site are Mixed Use (MU) Residential. 7. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 8. Contact Person and Phone Number: Steve Fowler, Assistant Planner (909) 477-2750 9. Other agencies whose approval is required (e.g., permits, financing approval, or . participation agreement): Certified Unified Program Agencies. GLOSSARY—The following abbreviations are used in this report: CVW D—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 C-48 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 2 URBEMIS7G— Urban Emissions Model 7G • URBEMIS2007— Urban Emissions 2007 Model 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 (✓)Air Quality ( ) Biological Resources ( ) Cultural Resources (✓) Geology & Soils (7) Hazards &Waste (7) Hydrology &Water Quality ( ) Land Use & Planning Materials (7) Noise ( ) Population & Housing ( ) Mineral Resources ( ) Recreation ( ) Transportation/Traffic ( ) Public Services ( ) Mandatory Findings of Significance ( ) Utilities & Service Systems DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (✓) I find that although the proposed project could have a significant effect on the environment, there • will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. • ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ( ) I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ( ) I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared By: - Date: 7 /8//D Reviewed By: a i... I Date: /0 0 • Rev. 3/13/07 C49 • Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 3 • Less Than Significant Less Potentially wtn Than Issues and Supporting Information'Sources: Significant por Significant Imact Incorporated Mitigation I mpct Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? ( ) ( ) ( ) (V) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (✓) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) ( ) (✓) quality of the site and its surroundings? d) Create a new source of substantial light or glare, ( ) ( ) (✓) ( ) which would adversely affect day or nighttime views in the area? • Comments: • a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. b) The project site contains no scenic resources and no historic buildings within a State • Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located at the end of the 8700 block of Lion Street and is undeveloped and is characterized by industrial development on all sides of the site. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (V) ( ) 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 ( ) ( ) ( ) (V) 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? Rev. 3/13/07 • C-50 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 4 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant hio impact Incorporated Impact Impact Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located at the end of the 8700 block of Lion Street and is characterized by industrial development on all sides of the site. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FEIR .. identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located at the end of the 8700 block of Lion Street and is characterized by . • industrial development on all sides of the site. The nearest agricultural use is more than .5 miles to the southeast from the project site. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (1) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (✓) ( ) ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (✓) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (1) 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 • Rev. 3/13/07 C-51 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 5 • Less Than Significant Less Potentially with Than Issues and Supporting Information Sources: Significant Incorporated Significant pa Impact Incorpwale0 Irtpa[t 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. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the • existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis. Therefore, the following mitigation measures shall be • implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all • construction equipment is being properly serviced and maintained as per • manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit . construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air 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. Rev. 3/13/07 C-52 Initial Study for City of Rancho Cucamonga . • DRC2009-00882— PITASSI ARCHITECTS, INC. Page 6 Less Than • Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No !wad Incorporated Impact Inpatl • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM1g 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 PICK, emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 5.6-4 of the General Plan Final Environmental Impact Report (FEIR), Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and (Fine Particulate Matter) (PMdg) would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The General • Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures shall be implemented: 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., less than 5 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. • Rev. 3/13/07 C-53 Initial Study for City of Rancho Cucamonga DRC2009-00882- PITASSI ARCHITECTS, INC. Page 7 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant corporate Significant Impact Incorporated Impact Impact 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The State of California passed the Assembly Bill 32 (AB32), the "Global Warming Solution Act" on August 31, 2006. The Governor's Office of Planning and Research is in the • • process of developing -CEQA significance thresholds for GHG emissions; therefore, thresholds have yet to be established. AB 32 requires all regions in California to reduce GHG emissions to 1990 levels by year 2020. Table K illustrates GHG emissions for the project long term using the URBEMIS2007 model. Table K Project GHG Emissions Long Term Table K: Long-Term Operational Greenhouse Gas Emissions Total (metric tons/year) Emission Source CO2 CH4 PI20 COse Vehicles' 530 0.022 0.04 540 Electricity Production 190 0.0020 0.0012 190 Natural Gas Combustion) • 37 0.00042 0.0004 37 Solid Waste 360 - - 360 Other Area Sources2 0.47 - - 0.47 I Total Annual Emissions I 1,100 0.025 0.042 1,100 Source:LSA Associates,Inc.,April 2010. Note:Numbers in table may not appear to add up correctly due to rounding of all numbers to two significant digits. I CO2 missions for Vehicles and Natural Gas from URBEMIS 2007 outputs. 2 Includes CO2 emissions for landscaping equipment from URBEMIS 2007 outputs. CH4 a methane COse a carbon dioxide equivalent CO2=carbon dioxide 1420=nitrous oxide • As previously mentioned, currently there are no adopted thresholds of GHG emissions significance. In the absence of any definitive thresholds of significance, the GHG emphasis on a Project-specific level is to incorporate any available energy conservation. Rev. 3/13/07 C-54 Initial Study for City of Rancho Cucamonga • DRC2009-00882— PITASSI ARCHITECTS, INC. Page 8 Less Than • Significant Less Potentially with Than Issues and Supporting Information Sources: Significant cpr o Significant No Impact Incorporated Impact Impact i Using alternative fuels and operating from electric line power instead of on-site portable generation, is strongly encouraged to minimize global cumulative GHG impacts during • construction. c) As noted in the General Plan FEIR (Section 5.6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. 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, the uses proposed do not create objectionable odors. No adverse impacts are • anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) .0 ( ) (1) 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 ( ) ( ) ( ) (1) 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 ( ) ( ) ( ) (1) 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? Rev. 3/13/07 C-55 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 9 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant oipotioe Significant No Impact act Incorporated Impact Impact e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with industrial type uses. The site has been previously disrupted during construction of infrastructure and surrounding development. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. • c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have ekisted. No adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) (✓) ( ) ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓) outside of formal cemeteries? S . Rev. 3/13/07 C-56 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 10 Less Than • Significant Less Potentially With Than • Issues and Supporting Information Sources: Significant Mitigation Significant Impact Incorporated Impact Impact Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5.11). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the Archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend Conditions OF Approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA Guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 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 Rev. 3/13/07 C-57 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 11 • • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant por o Significant No Impact Incorporated Impact Impact 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 construction of infrastructure and surrounding developments. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. H) Strong seismic ground shaking? . ( ) ( ) ( ) (✓) hi) Seismic-related ground failure, including ( ) ( ) ( ) (✓) • liquefaction? iv) Landslides? ( ) ( ) () (✓) Rev. 3/13/07 C-58 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 12 Less Than • Significant Less Potentially wm Than Issues and Supporting Information Sources: Significant coiporte Significant Impact Incorporated Impact Impact 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 ( ) ( ) ( ) (J) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The Red Hill Fault, passes within 1 mile northwest of the site, and the Cucamonga Fault Zone lies approximately 5 miles north. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Also, the • San Jacinto fault, capable of producing up to Mw 7.5 earthquakes is 12 miles northeasterly of the eastern city limits and the San Andreas, capable of up to M„, 8.2 earthquakes, is approximately 15 miles northeasterly from the eastern city limits. 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 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 PMig 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 PMtg 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 PM1g emissions from the site during such episodes. • Rev. 3/13107 C-59 • • Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 13 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant corporal Significant No Impact Incorporated Impact Impact 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. • 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 Hanford course sandy loam Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Hanford course sandy loam Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically well drained; negligible to low runoff; moderately rapid permeability. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. • 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) (7) ( ) ( ) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (7) 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, ( ) ( ) ( ) (7) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people residing or working in the project area? • g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (✓)• adopted emergency response plan or emergency evacuation plan? Rev. 3/13/07 C-60 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 14 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Incorporated Significant oa Impact Incorporatetl Impact Imoad h) Expose people or structures to a significant risk of ( ) ( ) ( ) (1) 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 involve the transport, use, or disposal of hazardous materials and adheres to the state and county regulations that govern these activities. The project will require the city/ county to apply for a permit from CUPA (Certified Unified Program Agencies) for the opening of the new facility. The site will be inspected by CUPA for compliance with storage of hazardous materials. The County Fire Department also administers weekly site and operation inspections to assure compliance with regulation involving the storage of hazardous waste materials. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than- significant. The proposed buildings are to be constructed as an administration/ crew building and a household hazardous waste building. No adverse impacts are anticipated • to the surrounding residential uses and elementary schools. 1) Household Hazardous Waste Facility shall be inspected annually by CUPA (Certified Unified Program Agencies) for compliance with all regulations concerning the storage and operation of the facility. 2) City/County shall obtain a permit from CUPA (Certified Unified Program_ Agencies) prior to the opening of the Household Hazardous Waste Facility. 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. The proposed buildings are to be constructed as an administration/crew building and a household hazardous waste building. No adverse impacts are anticipated to the surrounding residential uses and elementary schools. c) There are no schools located within one-fourth mile of the project site. The project site is • located within .5 miles of the nearest existing or proposed school. The proposed buildings are to be constructed as an administration/crew building and a household hazardous waste building. No impacts are anticipated to the surrounding residential uses and elementary schools. 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. Rev. 3/13/07 C•61 • Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 15 • Less Than Significant Less Potentially can man Issues and Supporting Information Sources: Signifi cant Mtigabon w Significant No Impact Incorporated Impact Impact 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 3.5 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. 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. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, 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 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 ( ) ( ) ( ) (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a • lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? - c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (V) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (✓) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) • mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? • Rev. 3/13/07 C-62 • Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 16 • Less Than • Significant Less Potanfianr wn Than Issues and Supporting Information Sources: Significant Incorporated Significant pa Impact Inwmaated Impact Impact h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (V) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) (V) 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? ( ) ( ) ( ) (V) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). Project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a • discharger must submit a Notice of Intent (NOI) to obtain coverage under the General 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 Dan Guerra & Associates on January 19, 2010, which 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 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 Rev. 3/13/07 • C-63 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 17 • Less Than Significant Less Potentially wpm Than Issues and Supporting Information Sources: Significant Mitigation Significant No Imoad InwracretImp eE ImoacY Impact by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that 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 Dan Guerra &Associates on January 19, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from ground • water 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 Rev. 3/13/07 C-64 • Initial Study for City of Rancho Cucamonga • DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 18 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant pa Impact Incorporated Impel Impact 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 approximately 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: 7) Prior to issuance of building permits, the applicant shall submit to the Building Official 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. • Rev. 3/13/07 C-65 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 19 Less Than • Significant Less Potentially With man • Issues and Supporting Information Sources: Significant torpor t Significant pa Impatt Incorporated Impact Impact 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. • g) No housing units are proposed with this project. No adverse impacts are expected. h) The project site is currently located within a 100-year flood hazard area according to General Plan Exhibit V-5. The most easterly portion of the site is within the 100-year flood hazard area but there is currently a storm water pipe project being constructed in various stages, which will remove it from this zone. No adverse impacts are expected once it is completed. The portion of this project which is in the flood hazard area will not be built until the storm pipe is installed. 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? ( ) ( ) ( ) (7) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (7) • 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 ( ) ( ) ( ) (7) or natural community conservation plan? Comments: • a) The site is located at the end of the 8700 block of Lion Street and is characterized by industrial type development on all sides of the site. This project will be of similar design and size to surrounding industrial development surrounding the site. The project will become a part of the larger community. No adverse impacts are anticipated. Rev. 3/13/07 C-66 • Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 20 Less Than • Significant Less Potentially With nan Issues and Supporting Information Sources: Significant c rporate Significant pa Imaap InmmoreteE Impact Impact b) The project site land use designation is General Industrial. 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 ( ) ( ) ( ) (✓) 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? • Rev. 3/13/07 C-67 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 21 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Sigafi cant corporal Significant pa No Imoact Incorporated Imoaq Impel f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (• ) would the project expose people residing or working in • the project area to excessive noise levels? • • Comments: a) The project site is not within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. No adverse impacts expected. b) The proposed industrial buildings are to be constructed as an administration/ crew building and a household hazardous waste building. The City's Development Code requires that all industrial uses be conducted within an enclosed building; hence, no adverse operational impact to nearby commercial uses is expected. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will • generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to 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. 3) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: • 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction Rev. 3/13/07 C-68 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 22 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant torpor to Significant pa Impact Incomoratetl Impact Imoad 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 3.5 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 ( ) ( ) ( ) (v') 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, ( ) ( ) ( ) (7) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (') the construction of replacement housing elsewhere? • Comments: a) The project is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No impacts are anticipated. b) The project site contains no existing housing units. No adverse impact expected. 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? ( ) ( ) ( ) (1') b) Police protection? ( ) ( ) ( ) (") c) Schools? ( ) ( ) ( ) (`7) d) Parks? O O O (• ) • e) Other public facilities? ( ) ( ) ( ) (I) Rev. 3/13/07 C-69 • • Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 23 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant nl No Impact Incorporated Impact Impact Comments: a) The site, located at the end of the 8700 block of Lion Street, would be served by a fire station located approximately 1 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard Conditions of Approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The site is in a developed area currently served by the Cucamonga School District and the Chaffey Joint Union High School District. The project will be required to pay School Fees as prescribed by State law prior to the issuance of building permits. 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 .5 miles from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in • the levels of service, which could cause the need to construct new facilities. No impacts are anticipated. e) The proposed project.will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library • space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City built a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. • 14. RECREATION. Would the project: a) Increase the use of, existing neighborhood and ( ) ( ) ( ) (1) 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 ( ) ( ) ( ) (1) require the construction or expansion of recreational • facilities, which might have an adverse physical effect on the environment? Rev. 3/13/07 C-70 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 24 • • Less Than • Significant Less Issues and Supporting Information Sources: Potentially ignifi alnt Nth Than pp g Significant corporal Significant Impact Incorporated Impact Impact Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located .5 miles from the project site. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. b) See a) response above. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ( ) ( ) ( ) (7) 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 result in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (7) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) f) Result in inadequate parking capacity? ( ) ( ) ( ) (7) 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 307 vehicle trips daily based on the Traffic Study prepared by LSA Associates, Inc. April 20, 2010. The proposed project includes the development of a 27,879 square foot administration/crew building and a 2,736 square foot Household Hazardous Waste warehouse. The Rancho Cucamonga Traffic Model estimates that each total square foot will generate 2.5 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 Rev. 3/13/07 C-71 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 25 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Signifi cant Mitigation Significant Impact Incomoratetl Impact Impact to fund roadway improvements necessary to support adequate traffic circulation. No • impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each 664 square feet will generate 42 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 3.5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. • d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity. No impacts are anticipated. g) The design of the project 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 ( ) ( ) ( ) (1) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (v') 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 ( ) ( ) ( ) (V) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Rev. 3/13107 C-72 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 26 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (1) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (1) 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 ( ) ( ) ( ) (1) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (1) regulations related to solid waste? Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by • the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which 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. d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction • procedures consistent with AB 939. Therefore, no impacts are anticipated. Rev. 3/13/07 C-73 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 27 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than PP 9 Significant Mitigation Significant No Impact Incorporated Impact Impact • 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 ( ) ( ) ( ) (V) 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 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 Rev. 3/13/07 C-74 Initial Study for City of Rancho Cucamonga DRC2009-00882 — PITASSI ARCHITECTS, INC. Page 28 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): • (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) • (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (T) Industrial Area Specific Plan EIR (Certified September 19, 1981) • • I:\PLANNING\FINAL\PLNGCOMM\ENVDOC\2010 Env.docs\DRC2009-008821nitStdy2.docRev. 3/13/07 C-75 • Initial Study for City of Rancho Cucamonga DRC2009-00882— PITASSI ARCHITECTS, INC. Page 29 • 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. Applicant's Signature: Date: Print Name and Title: • • • I:\PLANNING\FINAL\PLNGCOMM\ENVDOC\2010 Env.docs\DRC2009-00882InitStdy2.docRev. 3/13/07 C-76 4. City of Rancho Cucamonga MITIGATION MONITORING • , •• ..2, PROGRAM ir, Project File No.: DRC2009-00882 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 C-77 Mitigation Monitoring Program DRC2009-00882— PITASSI ARCHITECTS, INC. 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. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 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C O R ] 0 '- a) (c` 33 u) cccc � 0 :0°, r N N) V' Lo co n »Wt w CO 7k: m (AA CZ 0 O a `' Tn tc_ m To N a C C - EC w O O ' III - ' City of Rancho Cucamonga ;=� -N MITIGATED NEGATIVE DECLARATION at e 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.: DRC2009-00882 Public Review Period Closes: July 28, 2010 Project Name: Project Applicant: Curtis Dahle, Pitassi Architects Project Location (also see attached map): Located in Subarea 2 of the General Industrial District at 8825 Hellman Avenue -APN: 0209-013-23. Project Description: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00882-PITASSI ARCHITECTS, INC-A request to construct a 27,879 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility on a 6.65-acre lot. 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. • July 28, 2010 Date of Determination Adopted By C-88 RESOLUTION NO. 10-31 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2009-00882, A REQUEST TO CONSTRUCT A 27,879 SQUARE FOOT PUBLIC WORKS ADMINISTRATION BUILDING AND A 2,736 SQUARE FOOT HOUSEHOLD HAZARDOUS WASTE • FACILITY ON A 6.65-ACRE LOT LOCATED IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 2);' AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0209-013-23. A. Recitals. 1. The applicant, Pitassi Architects, Inc., on behalf of the City of Rancho Cucamonga, filed an application for Development Review DRC2009-00882, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 28th day of July 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 July 28, 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 at the northwest corner of Hellman Avenue and 8th Street with a street frontage on Hellman Avenue of 584 feet and a depth of 1,295 feet; and b. The properties on all sides of the subject site are industrial buildings, and there is a rail line and rail spur along the south and west property lines; and c. The project consists of the development of a 27,897 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility with a 400 square foot shed on approximately 6.65 acres of land; and d. The project consists of increasing the size of the existing City Yard which is an allowed use within the General Industrial District (Subarea 2) where this site is located; and • e. The architectural design of the facility is consistent with the General Plan, and meets the objectives of the General Plan by using Green Building Practices such as solar panels and pervious surfaces in the parking areas to make City facilities more energy efficient and environmentally sustainable. C-89 • PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 Page 2 • 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposed development meets the quality that is required for public facilities and the low maintenance features that are in accord with General Plan objectives. The Development Review is required to ensure that the objectives of the Development Code and General Plan are met. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The Household Hazardous Waste Facility will allow citizens to dispose of these wastes in a safe controlled manner. The facility will be continually inspected and operate under all State, County and local laws that govern this type of facility. c. The proposed use complies with each of the applicable provisions of the Development Code by complying with all setback, land use, and parking requirements. 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. • C-90 • PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. • July 28, 2010 • Page 3 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) Approval is for the construction of a 27,897 square foot Public Works Administration building and a 2,736 square foot Household Hazardous Waste Facility, with a 400 square foot shed on approximately 6.65 acres of land, located at the northwest corner of Hellman Avenue and 8th Street. APN: 0209-013-23. • '2) • No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. • Engineering Department 1) Hellman Avenue frontage improvements to be in accordance with City "Secondary Arterial" street standards as required and including curb and gutter, sidewalk, asphalt pavement and street trees. a) The proposed driveway approach shall be a minimum width of 35 feet and maximum of 50 feet and to be in accordance with the City "Driveway Policy." b) Provide 9500 Lumens HPSV street lights in accordance with the City street lighting standards. c) Protect the existing R26(s) signs, or replace as required. d) The sidewalk shall cross the drive approach at the zero curb face. Provide additional public right-of-way as needed. e) Hellman Avenue improvements shall be designed prior to the issuance of building permits, but installation will be deferred until completion of the Master Plan Storm Drain as a separate City project. 2) Lion Street frontage improvements to be in accordance with the City "Industrial Local" standards as required and including curb and gutter, • sidewalk, asphalt, pavement and street trees. • a) Construct offset cul-de-sac per City Stdandard 112. C-91 • PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 Page 4 • b) The proposed driveway approach shall be a minimum width of 35 feet and maximum of 50 feet per City Standard 101, Type C and to be in accordance with the City "Driveway Policy." c) Provide 5800 Lumens HPSV street lights in accordance with the City street lighting standards. d) Provide R26(s) signs along Lion Street, as required. e) Reconstruct the existing catch basins, to the satisfaction of the City Engineer. f) Repair the damaged sidewalk on the east side of Lion Street, south of the existing drive approach (damaged by tree roots). 3) Rights-of-way for Lion Street, on APN: 0209-013-23 and-49, shall be recorded prior the issuance of construction permits for public improvements or building permits, whichever occurs first. 4) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the opposite side of Hellman Avenue shall • be paid to the City prior to issuance of building permits. The fee shall be one-half the City adopted unit amount times the length of project frontage on Hellman Avenue to the intersection of Hellman Avenue and 8th Street. 5) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities on the project side of 8th Street (telecommunications) shall be paid to the City prior to issuance of building permits. The fee shall be one-half the City adopted unit amount times the length of project frontage on 8th Street to the intersection of Hellman Avenue and 8th Street. 6) Upon construction of the Master Plan Storm Drain in Hellman Avenue, the City will be responsible for removing the current Flood Insurance Rate Map (FIRM) Zone A designation from the project area. a) A Letter of Map Revision (LOMR) shall be issued by Federal Emergency Management Agency (FEMA) prior to occupancy of the Household Hazardous Waste Facility, or Hellman Avenue improvement acceptance, whichever occurs first. b) If the existing Zone A along the west property line,which includes existing buildings south of 9th Street, is no longer appropriate because of the surrounding development, include this area in the LOMR submittal. • C-92 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 • Page 5 • c) Driveway to Hellman Avenue shall be installed, consistent with the approved drive approach per Condition No. 1, with the understanding the City will repair any flood damage incurred prior to construction of the Master Plan Storm Drain. 7) All improvements within the public right-of-way, including street trees, shall be installed per the approved public improvement plans. If there is a discrepancy between the public and private plans, the public improvement plans will govern. 8) Revise Drawing 1378-D or provide a new drawing to show the extension of the existing local storm drain under proposed parking lot. Provide calculations as needed to demonstrate facilities that have been . sized for the additional development. a) Since Lion Street is being converted to a sump condition, two Q100 catch basins and laterals, or an overflow route through the project site, shall be provided. b) It is our understanding that the lateral pipe to Hellman Avenue, shown on the Conceptual Grading Plan, will only be installed when the Master Plan Storm Drain is already built. • Grading • 1) The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells) with the Facility ID Number assigned to the Building • and Safety Official prior to issuance of the grading permit. 2) An HCOC exists for the downstream receiving water. The downstream receiving water (Mill Creek, Prado Area) is experiencing significant degradation of its banks. The project must implement a volume-based treatment control Best Management Practices (BMP) (retention/detention facility) on each lot. The Storm Water Quality Management Plan and the grading plan must contain an appropriate volume based BMP prior to the issuance of a grading permit. 3) 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. 4) If more than 5,000 square feet of combined asphalt concrete and PCC parking and driveway surface area are removed, a Water Quality .Management Plan (WQMP)will be required for this project. Contact the Building and Safety Department for additional direction/information. 5) 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. • C-93 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 Page 6 • 6) Prior to the issuance of a grading permit for each phase (1. The Administrative Center; 2. Household Hazardous Waste Facility; and 3. The Mercy Air Ambulance Facility), the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan"shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 7) Prior to issuance of a grading permit, the applicant shall obtain a Waste Discharge Identification Number (WDID) for each of the 3 phases/projects. 8) All roof drainage flowing to the public right-of-way (Hellman Avenue and Lion Street) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 9) The final grading and drainage plan shall show the grading construction phasing for the project. A site demolition plan shall be submitted as part of the precise grading and drainage plan set of drawings and shall be a separate sheet from the grading plan. Environmental Mitigation • Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that 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 exdeed 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: C-94 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 • Page 7 • 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 occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) 'daily to reduce 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. 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 industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., less than 5 minutes). • 11) All industrial and commercial facilities shall designate preferential .parking for vanpools. C-95 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882— PITASSI ARCHITECTS, INC. July 28, 2010 Page 8 • 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from • demolition or significant modification without an opportunity for • the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • • Pursue educating the public about the area's archaeological heritage. • • 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., C-96 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 • Page 9 paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for • documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. • Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and 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. Hazards and Waste Materials 1) Household Hazardous Waste Facility shall be inspected annually by CUPA (Certified Unified Program Agencies) for compliance with all regulations concerning the storage and operation of the facility. • 2) City/County shall obtain a permit from CUPA(Certified Unified Program Agencies) prior to the opening of the Household Hazardous Waste Facility. C-97 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 Page 10 • Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of 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. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Dan Guerra&Associates dated January 19, 2010 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 WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and • Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 6-98 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 Page 11 • 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) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to 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. 3) The perimeter block wall shall be constructed as early as possible irf first phase. 4) Haul truck deliveries on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m. 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 28TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman • ATTEST: James R. Troyer, AICP, Secretary 6-99 PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. July 28, 2010 Page 12 • 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 28th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • • C100 its COMMUNITY DEVELOPMENT tar ?s k DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2009-00882 SUBJECT: DEVELOPMENT REVIEW APPLICANT: PITASSI ARCHITECTS LOCATION: 8825 HELLMAN AVENUE —APN: 0209-013-23 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0 Completion Date General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its /_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 10-31, Standard / /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration - $ 2,060.25 X • B. Time Limits 1. DevelopmenUDesign Review approval shall expire if building permits are not issued or approved /_/_ use has not commenced within 5 years from the date of approval. No extensions are allowed. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc C101 Project No.DRC2009-00882 - Completion Date • C. Site Development • 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ • site plans, architectural elevations,exterior materials and colors, landscaping,sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 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. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to • the issuance of building permits. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be /_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 10. 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. D. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or / /_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc C102 Project No. DRC2009-00882 Completion Date • painted consistent with the color scheme of the building. Details shall be included in building • plans. --- 2. For commercial and industrial projects, paint roll-up doors and service doors to match main / / building colors. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts /_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall /_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. 4. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more / /_ parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 5. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more /_/_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. F. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ • residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces,whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 2. For industrial projects with at least 40 car parking spaces, bicyclist-changing facilities shall be /_/_ provided to encourage bicycle commuting per the City of Rancho Cucamonga Bicycle Transportation Plan adopted by City Council Resolution No. 02-237. Accessible restrooms with storage lockers for clothing and equipment shall be sufficient. G. Landscaping 1. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within /_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger. 2. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls. 3. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one / /_ tree per 30 linear feet of building. • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc C103 Project No. DRC2009-00882 Completion Date 4. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in /_/_ the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the • Engineering Services Department. 5. Landscaping and irrigation systems required to be installed within the public right-of-way on the /_/_ perimeter of this project area shall be continuously maintained by the developer. 6. All walls shall be provided with decorative treatment. If located in public maintenance areas, the / /_ design shall be coordinated with the Engineering Services Department. 7. Tree maintenance criteria shall be developed and submitted for Planning Director review and _/_/_ approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements 1. Submit five complete sets of plans including the following: _/ / a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; • e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(i.e.,drc2009-00882)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. /_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/ / 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department. 4 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc C104 • Project No. DRC2009-00882 Completion Date .• Site Development --- 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be / / marked with the project file number(i.e., DRC2009-00882). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in . effect at the time of permit application. Contact the Building and Safety Department for • availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or / / major addition, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map /—/ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday /—/- through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public /—/ counter). J. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances —/ /- considering use, area, and fire-resistiveness. - 2. Provide compliance'with the California Building Code for required occupancy separations. —/—/— 3. Provide draft stops in attic areas. —/—/— 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A —/_l- 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. —/—/— 6. Upon tenant improvement plan check submittal, additional requirements may be needed. —/—/— K. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading /—/- Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to —/—/- perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the /—/- time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, —/—/- submitted, and approved by the Building and Safety Official prior to the issuance of building permits. • 5 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc C105 Project No. DRC2009-00882 Completion Date 5. A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California • registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT, (909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. 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 Lion Street X X X X X X Hellman Avenue X X X X X X (b) 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 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 6 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc C106 Project No. DRC2009-00882 Completion Date • 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. 5. Install street trees per City street tree design guidelines and standards as follows. The completed /_/_ legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet (typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. • The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. • Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Hellman Avenue Eucalyptus Silver Dollar Gum 5' 30' 5 Gal polyanthemos O.C. Lion Street Brachychiton Bottle Tree 6' 35' 15 Gal populneus O.C. • Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. • M. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map _/_/_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. • 7 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc 0107 _ Project No. DRC2009-00882 Completion Date 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the _/_/_ property from adjacent areas. 3. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured _/_/_ • from the outer edge of a mature tree trunk. N. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, /_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility . Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. _/ /_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(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. • • O. 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. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. Q. Security Hardware 1. All roof openings giving access to the building shall be secured with either iron bars, metal gates, / /_ or alarmed. • R. Security Fencing 1. All businesses or residential communities with security fencing and gates will provide the police _/_/_ with a keypad access and a unique code. The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at • 8 I:\PLANNING\FINAL\PLNGCOMM\2010 Res'& Stf Rpt\DRC2009-00882StdCond 7-28.doc . C108 • -. Project No. DRC2009-00882 Completion Date (909)941-1488 or by contacting the Crime Prevention Unit at(909)477-2800 extension 2474 or • extension 2475. S. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime /_/_ visibility. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be _/_/_ a minimum of three feet in length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • • 9 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00882StdCond 7-28.doc C109 : �o�°�AMo Rancho Cucamonga Fire Protection District Fire Construction Services FIRE STANDARD CONDITIONS December 17, 2009 RC Public Works Service Center End of Lion St. South side of 9th. DRC2009-00882 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonqa.ca.us/fire/index.ht'm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply • 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: • a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. • No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40')from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. • d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. C110 FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed • is 2375 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until public fire protection water plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems I. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings as required by the2007 California Fire Code • and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler system to be installed. FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The 2007 California Building Code, the RCFPD Fire Alarm Standard, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard. 1. Location of Access: All portions of the structures 1s` story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. • 2 C111 2. Specifications for private Fire District access roadways per the RCFPD Standards are: • a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: • a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. • 3 C112 e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office. f. Motorized gates must open at the rate of one-foot per second. • g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if • applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. £ Multiple access ladders may be required for larger buildings. • 4 C113 g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. • h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). • FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Aerosol Products Magnesium Working • Application of Flammable Finishes Motor Vehicle Fuel-Dispensing Operation • Automobile Wrecking Yards Open Burning • Battery Systems Organic Coating • Candles and open flames in public assemblies Ovens • Cellulose Nitrate Powder Coating • Compressed Gases Public Assembly • • Cryogenics Pyrotechnical Special Effects • Dry Cleaning Plants Radioactive Materials • Dust-Producing Processes and Operations Refrigeration Systems • Explosive or Blasting Agents Repair Garages • Flammable and Combustible Liquids Rubbish Handling Operations • Fruit Ripening Plants Spraying or Dipping Operations • Hazardous Materials Tents, Canopies and/or Air Supported Structures • High-Pile Combustible Storage (HPS) Tire Storage • Liquefied Petroleum Gases Welding and Cutting Operations • LPG or Gas Fuel Vehicles in Assembly Buildings Wood Products/Lumber Yards FSC-11 Hazardous Materials — Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. • 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business 5 C114 Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be • required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of , buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007Califomia Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure ' Standard. • 6 C115 All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the • installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire • Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. • The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 7 C116 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is • granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire • Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 '/z' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • 8 C117 Recoito& `i"y -. 4 South Coast Air Quality Management District 74/0 21865 Cole Drive Diamond Bar, CA 91765-4182 'At 4 Copley (909)396-2000 • www.aqmd.gov E-MAILED: JULY 28, 2010 July 28, 2010 Mr. Steve Fowler, Assistant Planner Steven.Fowler(cucityorc.com Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Draft Mitigated Negative Declaration (Draft MND) for the Proposed Public Works Administration Building and Household Hazardous Waste Facility (DRC2009- 00882) The South Coast Air Quality Management District(AQMD) appreciates the opportunity to comment on the above-mentioned document. The following comments are meant as guidance for the Lead Agency and should be incorporated into the Final Mitigated Negative Declaration(MND). In the Draft MND in Section 3 Air Quality,the lead agency did not prepare a project- specific air quality analysis. Instead, the lead agency relies on conclusions from the previously prepared Final EIR for the City of Rancho Cucamonga General Plan(GP) certified in October 2001. It is not clear from the discussion in the Draft MND,whether the 2001 Final EIR for the City's General Plan specifically analyzed the construction and operational air quality impacts of the proposed 27,879 square foot Public Works Administration building and the 2,736 square foot Household Hazardous Waste Facility buildings totaling 30,615 square feet on the 6.65-acre industrial property. AQMD staff understands that CEQA Guidelines §15150 allow a lead agency to incorporate into their document information from another document,however, CEQA Guidelines §15150(c)also requires a summary of the information from the referenced document. If this specific project was analyzed in the 2001 Final EIR, the lead agency should have included quantitative results of the construction and operational analysis of the referenced Final EIR. Without this quantitative information, the lead agency has not demonstrated that air quality impacts from this project are insignificant. Even if this specific project was analyzed in the 2001 Final EIR, that information is out of date because: I)the Draft MND relies on the 2001 GP,however, the GP was updated in 2010; and 2) subsequent to 2001, the EMFAC on-road mobile source emission factors model developed by the California Air Resources Board (CARB)has been substantially revised. The most recent upgrade (EMFAC2007) substantially increased the on-road mobile source emission factors so it is likely that mobile source emissions from the 2001 Final EIR for the General Plan are underestimated. Therefore, the lead agency should tee C • Steve Fowler 2 July 28, 2010 Assistant Planner quantitatively reanalyze construction and operation impacts from the proposed project. Until this is done, the lead agency has not demonstrated that air quality impacts are not significant. In order to evaluate the proposed project's construction and operation emission impacts, the lead agency can utilize the current) URBEMIS 2007 emissions model. This model uses on-road mobile source emission factors from the EMFAC 2007 model, which is the most current model approved for use by CARB. Alternatively, the lead agency could use the calculation methodologies in Chapter 9 and the Appendix to Chapter 9 in the AQMD's CEQA Air Quality Handbook. In the Final MND,please provide a summary or table showing the projected emissions and supporting documentation, including the assumptions,methodologies, equations, emission factors or output sheets from any modeling performed and any changes to the model inputs. In addition to evaluating the above-mentioned air quality impacts, the AQMD recommends that the lead agency estimate localized air quality impacts to ensure that any nearby sensitive receptors are not adversely affected by the construction activities that are occurring in close proximity. Although the lead agency states on page 4 of Part I of the Draft MND that the surrounding land uses are all industrial, an aerial map inspection shows that the proposed project is located within one-quarter mile of sensitive receptors (residential properties) southwest of the proposed project. SCAQMD guidance for performing a localized air quality analysis can be found on the AQMD web page.' Should the lead agency conclude after its analyses that construction or operational . localized air quality impacts exceed the SCAQMD daily significance thresholds, potential mitigation measures are available in addition to those measures listed on Pages 5-6 in Part II of the Draft MND that can be implemented if the air quality impacts are determined to be significant.3 • Please provide the AQMD with written responses to all comments contained herein prior to the adoption of the Final MND. The AQMD staff is available to work with the Lead Agency to address these issues and any other questions that may arise. Please contact Gordon Mize,Air Quality Specialist—CEQA Section, at(909) 396-3302, if you have any questions regarding these comments. Sincerely,l71/ �f� ' %� i Ian MacMillan Program Supervisor, Inter-Governmental Review Planning, Rule Development& Area Sources http://www.urbemis.com/ 2 http://www.agmd.govicega/handbook/LST/LST.html 3http:Vwww.agmd.gov/cega/handbook/mitigation/MM intro.html N:GM 58C100709-04 Control Number 7P—� /c 07/21/2010 15:21 9094772347 PLAf41IJ6'LE R1I^it p PAGE 02/02 Initial Study for City of Rancho Cucamonga DRC2009-00882— PITASSI ARCHITECTS, INC. Page 29 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 th• :iop an measures. Further, I have revised the project plans or proposals and/or hereb gre• o di-- , d mitigation measures to avoid the effects or mitigate the effects to a point wh= - de- y no :environmental effects would occur. Applicant's Sig ature:. � A� Date: A7-/��/„0 Print Name and Title: �, /7' S Sit /rt�_._"/(—1 /l_ —___ I:IPLANNING,FINALPLNGCOMM\ENVDOC\2010 Env.docs\DRC2 009-00882InitStdy2docRev. 3/13/07 71e. 72 7 C I 2/ o LSA ASSOCIATES. INC. APRIL 1110 IR QUALI TV ANALYSIS PUBLIC WORKS VICE CENTER ICITY OF RANCHO CUCAMONCAGA, CALIFORNIA ' Table F: Short-Term Construction Emissions I Pollutant Emissions, 1bs/day Phase CO ROC NOx SOx PMta PMis I CO2 Mass Grading 17 3.7 34 0.013 12 3.6 3,600 i I Fine Grading 14 3.0 25 0.0013 11 3.2 2,400 Trenching 9.3 2.1 18 0.0013 0.89 0.81 1,800 Paving 12 3.3 18 0.0049 1.5 1.4 1,800 Building 13 3.7 17 0.0029 1.2 1.1 1,900 ICoating 0.38 33 0.022 0.0005 0.0036 0.0019 48 SCAQMD Thresholds 550 75 100 150 150 55 f Significant Emissions? No No No No No No No ' I LST Thresholds' 12,911 No 535 No 170 66 Threshold Significant Emissions? No Threshold No Threshold No No Source:LSA Associates,Inc.,April 2010. t I LST SRA:Northwest San Bernardino Valley, 5 acres,250-meter distance CO=carbon monoxide PM,,=particulate matter less than 10 microns in diameter CO2=carbon dioxide ROC=reactive organic compound 1 lbs/day=pounds per day SCAQMD=South Coast Air Quality Management District I LST=localized significance threshold SOx=sulfur oxides NOx=nitrogen oxides SRA=Source Receptor Area PM2.,=particulate matter less than 2.5 microns in diameter I5.1.3 Architectural Coatings Architectural coatings contain VOCs that are similar to ROCs and are part of the 03 precursors. At this stage of project planning, no detailed architectural coatings information is available. Compliance with the SCAQMD Rule 1113 on the use of architectural coatings is required. Other than the proposed Administration/Crew Building, no other uses would require the use of architectural coatings. a An estimate was made using the project description information and the ARB's URBEMIS2007 model. The model predicts a maximum VOC emissions rate of 33 lbs/day. This level is below the SCAQMD daily threshold of 75 lbs/day. Short-term impacts to air quality from architectural coating pII application would not exceed the SCAQMD emission threshold, and no mitigation measures are needed. a I I I Emissions associated with architectural coatings could be reduced by using precoated/natural-colored building materials, using water-based or low-VOC coating, and using coating transfer or spray equipment with high transfer efficiency. For example, a high-volume, low-pressure(HVLP)spray method is a coating application system operated at air pressure between 0.1 and 10 pounds per square i inch gauge (psig), with 65 percent transfer efficiency. Manual applications such as paintbrush, hand I roller, trowel, spatula, dauber, rag, or sponge have 100 percent transfer efficiency. The use of an HVLP spray method would increase the transfer efficiency from 25 to 65 percent. • The proposed project will have sprayer-applied waterproof coating on concrete masonry unit(CMU) building walls and could potentially further reduce the VOC emissions from architectural coatings. PNPIE1001 W it Qualitydoc 104/20/10» 30 ; ' • . in-.en C H -- LSA ASSOCIATES. INC. AIR QUALITY ANALYSIS APRIL 2010 PUBLIC WORKS SERVICE CENTER CITY OF RANCHO CUCAMONCA. CALIFORNIA I I Table G: Long-Term Worst-Case Regional Operational Emissions Pollutant Emissions, lbs/day I. Source CO ROC NON SON PMto PM2s I Stationary Sources 1.7 0.29 0.21 0 0.01 0.01 Mobile Sources 30 2.6 4.0 0.03 5.4 1.1 Total Project Emissions 32 2.9 4.2 0.03 5.4 1.1 SCAQMD Thresholds 550 55 55 150 150 55 I Significant? No No No No No No Source:LSA Associates,Inc.,April 2010. CO=carbon monoxide PKo=particulate matter less than 10 microns in CO2=carbon dioxide diameter I lbs/day=pounds per day ROC=reactive organic compound NO,=nitrogen oxides SCAQMD=South Coast Air Quality Management PMcs=particulate matter less than 2.5 microns in District IIdiameter SO,=sulfur oxides Table H: Household Hazardous Waste Collection Center Long-Term Regional I Operational Emissions • Pollutant Emissions, lbs/day I Source CO ROC NON SON PMto PM2.4 Stationary Sources 1.6 0.13 0.03 0 0.01 0.01 Mobile Sources 16 1.4 2.2 0.02 3.0 0.57 I Total Project Emissions 18 1.5 2.2 0.02 3.0 0.58 SCAQMD Thresholds .550 55 55 150 150 55 Significant? No No No No No No Source:LSA Associates,Inc.,April 2010. II' CO=carbon monoxide PM10=particulate matter less than 10 microns in CO2=carbon dioxide - diameter lbs/day=pounds per day ROC=reactive organic compound I NO,=nitrogen oxides SCAQMD=South Coast Air Quality Management PMZ.S=particulate matter less than 2.5 microns in District diameter SO„=sulfur oxides I. 5.2.2 Localized Significance Analysis I Table I shows the calculated emissions for the proposed operational activities compared with the appropriate LSTs. The LST analysis only includes on-site sources; however, the URBEMIS 2007 • model outputs do not separate on-site and off-site emissions for mobile sources. For a worst-case scenario assessment,the emissions shown in Table I include all on-site stationary sources and I 5 percent of the mobile sources, which is an estimate of the amount of project-related vehicle traffic that will occur on site. Considering the total trip length included in the URBEMIS 2007 model, the I 5 percent assumption is conservative. Table J lists the long-term operational LST numbers for Saturdays, when the Household Hazardous Waste Collection Center is open to the public. I P1PIE1001\Air Quality doc c04/20/10» 32 I LSA ASSOCIATES, INC. AIR QUALITY ANALYSIS APRIL 2010 PUBLIC WORKS SERVICE CENTER CITY OF RANCHO CUCAMONGA. CALIFORNIA ITable I: Long-Term Worst-Case Operational LST Numbers I Emission Sources CO NOx PM,0 PMrs On-Site Emissions 3.2 0.41 0.28 0.065 LST Thresholds' 12,911 535 41 16 I Significant Emissions? No No No No Source:LSA Associates,Inc.,April 2010. I LST SRA:Northwest San Bernardino Valley,5 acres,250-meter distance,on-site traffic 5 percent of total I CO=carbon monoxide lbs/day=pounds per day PM2 s=particulate matter less than 2.5 microns in diameter LST=localized significance threshold PMIB=particulate matter less than 10 microns in NOx=nitrogen oxides diameter ISRA=Source Receptor Area I Table J: Household Hazardous Waste Collection Center Long-Term _ Operational LST Numbers Emission Sources CO NOx PM,0 PM2.5 On-Site Emissions 2.4 0.14 0.16 0.039 LST Thresholds' 12,911 535 41 16 Significant Emissions? No No No No Source:LSA Associates,Inc.,April 2010. I LST SRA:Northwest San Bernardino Valley,5 acres,250-meter distance,on-site traffic 5 percent of total I CO=carbon monoxide lbs/day=pounds per day PM=5=particulate matter less than 2.5 microns in diameter LST=localized significance threshold PMIG=particulate matter less than 10 microns in NOx=nitrogen oxides diameter ISRA=Source Receptor Area I Tables I and J show that the operational emission rates for all four pollutants are below the LST thresholds at 250 m. Therefore, the proposed operational activity would not result in a localized significant air quality impact for the nearest residences approximately 250 m southwest of the project Isite in regard to the SCAQMD's LST thresholds. 5.2.3 Greenhouse Gas Emissions I This section evaluates potential significant impacts to global climate change that could result from implementation of the proposed project. Because it is not possible to tie specific GHG emissions to I. actual changes in climate, this evaluation focuses on the project's emission of GHGs. Mitigation measures are identified as appropriate. I I P:PIE1001\Air Qualitydoc«04/20/10a 33 Vzsho Recent-ft Copy PLANNING COMMISSION RESOLUTION NO. 10-31 DRC2009-00882 — PITASSI ARCHITECTS, INC. � e O� July 28, 2010 Page 6 6) Prior to the issuance of a grading permit for each phase (1. The Administrative Center; and 2. Household Hazardous Waste Facility; aad-3: _ - - A -- - , the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 7) Prior to issuance of a grading permit, the applicant shall obtain a Waste Discharge Identification Number (WDID) for each of the 3 2 phases/projects. 8) All roof drainage flowing to the public right-of-way (Hellman Avenue and Lion Street) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 9) The final grading and drainage plan shall show the grading construction phasing for the project. A site demolition plan shall be submitted as part of the precise grading and drainage plan set of drawings and shall be a separate sheet from the grading plan. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that 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: Page C-94 STAFF REPORT . • PLANNING DEPARTMENT Et lin DATE: July 28, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: ENTERTAINMENT PERMIT DRC2010-00486 - OMAHA JACK'S INC. - A request to include live entertainment such as karaoke, live bands, and dancing in conjunction with an 8,794 square fdot restaurant and bar with a microbrewery in the Industrial Park District (Subarea 7), located in the Masi Plaza at 11837 Foothill Boulevard — APN: 0229-011-39. Related File: Conditional Use Permit DRC2004-00326. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). BACKGROUND: A. Project History: • Omaha Jack's was originally approved under Conditional Use Permit DRC2004-00326 and Entertainment Permit DRC2004-00327, for the operation of a full-service restaurant • and bar with a microbrewery, along with ancillary entertainment such as live music and dancing. • 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. • • February 10, 2010, the Planning Commission continued the items for 90 days to allow for the owners to bring the operation into compliance with the Conditions of Approval. • The continuance was appealed by City Council and the Entertainment Permit was subsequently revoked at the March 17, 2010, City Council public hearing because of non-compliance with the Conditions of Approval related to the type and intensity of entertainment, as well as crime-related issues. • The restaurant and bar with microbrewery has continued to operate under the approved Conditional Use Permit DRC2004-00326. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Existing Shopping Center— Community Commercial (Terra Vista Community Plan) South - Existing Shopping Center— Industrial Park (Subarea 7) East - Existing Shopping Center— Industrial Park (Subarea 7) West - Existing Shopping Center— Industrial Park (Subarea 7) • Item D PLANNING COMMISSION STAFF REPORT DRC2010-00486 — OMAHA JACK'S INC. JULY 28, 2010 Page 2 • B. General Plan Designations: Project Site- General Commercial North - General Commercial South - General Commercial East - General Commercial West - General Commercial C. Site Characteristics: The proposed application is for an existing restaurant in a multi-tenant building located within the existing Masi Plaza shopping center bounded by Foothill Boulevard to the north and Rochester Avenue to the east (Exhibit A). The subject tenant space is comprised of a total of 8,794 square feet. The site is currently improved with landscaping, lighting, and parking areas. D. Parking Calculations: • Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Restaurant including 8,794 1/100 up to 6,000 111 111 the outdoor patio 1/55 for each 55 sq. ft over 6,000 ANALYSIS: • • A. General: The approved hours of operation for Conditional Use Permit DRC2004-00326 are as follows: Hours of Operation • Sunday - Wednesday: 11:00 a.m. to 12:00 a.m. Thursday— Saturday: 11:00 a.m. to 2:00 a.m. On June 24, 2010, the applicants, Omaha Jack's Inc., submitted Entertainment Permit DRC2010-00486. The applicants are requesting the addition of live entertainment ancillary to the restaurant and bar use. The applicant's request is summarized below: Entertainment Type/Hours Sunday—Wednesday: 9:00 p.m. to 11:30 p.m. — Karaoke Thursday— Saturday: 9:00 p.m. to 1:30 a.m. — Live Bands with Dancing or Karaoke The proposed entertainment will be located on the upper level of the restaurant, and no physical changes to the existing stage or floor space is proposed. The dance floor area will not exceed 150 square feet (Exhibit B). Staff has included a condition that live bands shall be limited to Thursday, Friday, and Saturday only. No DJ's shall be permitted. Karaoke is permitted on Sunday through Wednesday, and as an alternate type of entertainment on Thursday through Saturday. • D-2 • PLANNING COMMISSION STAFF REPORT DRC2010-00486 — OMAHA JACK'S INC. JULY 28, 2010 • • Page 3 Staff has included a condition requiring that the applicant cease all live entertainment activities no less than thirty (30) minutes before closing to ensure that patrons will have sufficient time to exit before closing and limit the amount of loitering by patrons in the parking area. It is staff's opinion the new Entertainment Permit can be supported based on the following considerations: Since their previous revocation, the applicants have held several meetings with staff to express their commitment to improve their business operation, ensure compliance with their existing Conditional Use Permit and improve their overall business. The Applicants and their staff have attended Licensee Education on Alcohol and Drugs (L.E.A.D) Training. The LEAD Program provides the licensee and applicant with practical information on serving alcoholic beverages safely, responsibly, and legally, and preventing illicit drug activity at the licensed establishment. Their continued commitment to the principals of this program should minimize public safety incidents and create better control at the facility. The area proposed for entertainment because of its size and location does not lend itself to dining but is appropriate for the type of entertainment that is proposed; Live Bands with Dancing or Karaoke. A sufficiently controlled environment should lend itself to an economically viable commercial use while not generating an impact on public safety resources. • • Historically, it has been demonstrated that entertainment such as Live Bands with Dancing or Karaoke, when properly staffed in combination with utilizing the LEAD Program guidelines and good business management practices, can support a strong dining environment without creating a negative impact on the community. The Police Department, does not oppose to the Entertainment Permit application based on the fact that there have been zero (0) calls for service during the past six (6) months. B. Compatibility of Use: The subject application is a request to allow live entertainment in conjunction with an existing restaurant and bar. The subject site has a General Plan land use designation of General Commercial, which is described as: "This designation provides for a wide range of community-oriented and regional-oriented commercial businesses, including businesses that cater to tourists traveling on Historic Route 66 (Foothill Boulevard)." • The subject use is compatible with adjacent commercial land uses, and staff believes that with the conditions of approval, the potential operational impacts of the business can be mitigated in order to prevent impacts to commercial tenants and patrons. C. Police Incidents: The Rancho Cucamonga Police Department has received zero (0) calls for service and five (5) pro-active traffic stops during the past 6 months. D. Environmental Assessment: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) • and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project entails the minor D-3 • PLANNING COMMISSION STAFF REPORT DRC2010-00486— OMAHA JACK'S INC. JULY 28, 2010 Page 4 • physical alteration of an existing restaurant and bar including the addition of live entertainment, and there is no substantial evidence that the project may have a significant effect on the environment. FACTS FOR FINDING: Entertainment Permit • The evidence indicates that; 1) The conduct of the establishment will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to require onsite security and other security measures during the hours of entertainment, and the building complies with all applicable Fire and Building Codes; and . 2) The premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner, as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and 3) The normal operation of the premises would not interfere with the peace and quiet of the • surrounding commercial center as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and 4) The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Entertainment Permit DRC2010-00486 through the adoption of the attached Resolution of Approval with conditions. Respectfully submitted ✓ Jame R. T • �//royer, AICP Planning Director JRT:AC\Is • D-4 • PLANNING COMMISSION STAFF REPORT DRC2010-00486 — OMAHA JACK'S INC. JULY 28, 2010 • Page 5 Attachments: Exhibit A - Location Map Exhibit B - Floor Plans Exhibit C - Statement of Operation Letter Exhibit D - Entertainment Plan Exhibit E - Security Plan Exhibit F - CUP DRC2004-00326 and Resolution 04-64 Draft Resolution of Approval for Entertainment Permit DRC2010-00486 • • D-5 ... ... ................... �. err. ..�.:r .' 0 PROJECT SITE ::r_-,. 9:;i : : -_' , . : u :...:..: .,r :i ...�.i..:c • .: r y nr.._ b I.. : i r.. • :u:llslei f,,..,.mss;.;:_:..... .. :."_'..:::.,i . ... .. '.:-:_...:.___ { . .' :3 :A.•r :. _... — ;.. > \ - _., —"nil N`ty°T.. r 1 .-. J. - Ilr ' •..% rvi f..�'' CC. A F' , 1.`. . r:; .. a yy Iii i,F. = 5y.: _�.,: rcrT�-..' - tT ;'.:.; ::, 4: yL rr". r ,,..1;` a` 1 EXHIBIT - A ,_ ,._mate. k ..�. :,, . D-6 i� Z C Q dQ 1 cf, I p °`•�� G �' ' ¢ t 3 yy I ‘''T‘ ' � % �J i 0 ,/y�� 0 J \�,il _ v �T 0 S • r/y� F N - S, 0 • I t aiia.. _____ , , pi to., . s iuisd%4 •1 pi a IP'1et s I i f II ,0 gill . ,���/11 11 —S --- a Z iit .. , ..... • • , ( , o %��\ • 0 0 , ,` � C I I 1 I'll! .j _ : H! IIi f�s 1 0 EXHIBIT — B — 2 p-� L vµ1 . 0 R .. L R 1'i0 IS X f C ... Q1• G dN `! I —man a�, �Q1•s , 2 c a as 7 [ mot¢-„7 lJ `�) r LAy OIX I.-ill C ,a it 1 0 l J 0 l k �`�i in CITY OF RANCHO CUCAMONGA JUL l 4 2010 r n _ 't y s R'E ':' ' �NNING ipr II Mr° 0 jocc0 \ ' 1 a r r . IiJ 1 1 it 3 L 4% . • -t------1 ire • u .. • �.. f U , %- r ;. �I :I Inc- Rio, . ',�/ d III 1,1 41- 2 :,ts-cr--: 0 • _ id At o 1 . .1 1 ,. Ct) C • `2,:, . •. n , n : i ICI I �, Brp2--, D-8 g AI • 1 It I I{I y lf�l � xa jvAj.� n � _ � p , II I- \ 'kb 44 yea-�jACK 'b AMERICAN GRILL& BREWERY d_ CITY OF RANCHO CUCAMONGA lont7tf :a yf Ye„r+ ^.a 2'i sa. aBr a nti. JUL 1 4 2010 To: James Troyer RECEIVED - PLANNING City Planner From: Mike McCarthy & Ron VandenBroeke Omaha Jack's American Grill &n Brewery Dear Mr. Troyer, It is our desire to keep Omaha Jack's liquid as we grow the beer distribution side of our business. I believe that we have proven to city government that we are upstanding businessmen, desiring to do the right thing for our • business, our employees, and the community, and deserving of your trust. With that said, it is our desire to utilize the unused portion of our building by reapplying to bring entertainment back to Omaha Jack's. We understand that this would take a leap of faith by the City of Rancho Cucamonga, but a leap that would be appropriate, while giving us the opportunity to prove our commitment to the people of this city. We are asking the Planning Commission to allow us to continue on with the hours of operation that are stipulated in our C.U.P. These hours are Sunday through Wednesday from 11:00am to midnight, and Thursday through Saturday from 11:00am till 2:00am. We are requesting the approval to do karaoke and live bands as the forms of entertainment. Karaoke and live bands are non confrontational events that have never brought police attention to our building. With these two types of entertainment, we have the ability to be Guest selective, choosing the genres that bring in the mix of people that are non confrontational. We are also asking for permission to bring high profile live performances into our building a maximum of 6 times per year. These events could include well known country acts, rock bands or other genres of performers. We are committing to staying away from all • forms of DJ driven entertainment, or night club ambience acts. EXHIBIT C D_9 Omaha Jack's currently employs 31 full and part time employee's. The maximum number of employee's that would be on during any particular shift is 15. These employees would range from food servers, bartenders, • dishroom and busser help, cocktail servers and cooks. Again, thank you for your consideration in this matter. Omaha Jack's is committed to being a positive partner with the city of Rancho Cucamonga, and being the prime example of a business that learns from it's mistakes and is able to make the city proud. Sincerely Mi. ' on ' .r 'e.? oe lvi ' Omaha Jack's American Grill & Brewery • • D-10 19.07.2010 09: 47 Omaha Jack's 9094774378 PAGE. 2/ 2 • . ll • \\ A; A • A �A %� ..AMERICAN:GRIL{. &.BREWERY : Detailed Entertainment Plan . Omaha Jack's is applying to do only two forms of entertainment, Karaoke and Live Bands. Our plan is to do a combination of karaoke and live bands throughout the week. The following schedule is what we're going to follow: Sunday Karaoke from 9:00pm to 11:30pm. Monday Karaoke from 9:00pm to 11:30pm. • Tuesday Karaoke from 9:00pm to 11:30pm. Wednesday Karaoke from 9:00pm to 11:30pm. Thursday Live band or Karaoke from 9:00pm to 1:30am. Friday Live band or Karaoke from 9:00pm to 1:30am. Saturday Live band or Karaoke from 9:00pm to 1:30am. All entertainment will be conducted in the upper area above the bar and there will be no charge for admission. • • EXHIBIT D Vi ki �7 . L '4 y g I �a j A DJ K 50� AMERICAN GRILL & BREWERY -. .. l`ea-.: '.sew., .:: =3e_. 4',c :r' .Via- - Omaha Jack's Security Plan Considering the low profile type of entertainment that Omaha Jack's is proposing, our security plan will be based on the number of Guests that are occupying the building. As business changes, the number of security personnel will change accordingly. Our initial plan is to employ one • security guard when the average occupancy reaches 75 Guests in the building. When we grow to average 100 guests, we will employ another security guard to focus on ID checking and parking lot patrol. When average occupancy reaches 200 Guests, we will employ another security guard to support the overall security effort. • EXHIBIT — E D-12 T H E C I T Y O F Rancho Cucamonga Staff Report DATE: May 26, 2004 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Ruben Warren, Planning Technician SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT - DRC2004-00326 - OMAHA JACKS - A request to reestablish a full service restaurant with bar and microbrewery within a 8,794 square foot space in the Industrial Park District (Subarea 7), located in Masi Plaza at 11837 Foothill Boulevard, Suite A - APN: 0229-011-39. • ENTERTAINMENT PERMIT - DRC2004-00327 - OMAHA JACKS - A request for entertainment including live music at a full service restaurant with bar and microbrewery within a 8,794 square foot (former) restaurant (with previous bar and entertainment) in the Industrial Park District (Subarea 7), located in Masi Plaza at 11837 Foothill Boulevard, Suite A -APN: 0229-011-39. BACKGROUND: On July 22, 1998, the Planning Commission approved Conditional Use Permit 98-11 allowing the establishment of Compass Creek Restaurant & Brewery, a bar and microbrewery, in 8,700 square feet within Building 5 of a 24 acre planned, mixed-use center. Entertainment Permit 98-03 was also approved at the same time allowing live bands in conjunction with the full service restaurant. In August of 2003, the business ceased operation and the space has been vacant since then. Recently, Omaha Jacks leased the facility and proposes to reestablish a restaurant and bar with microbrewery and entertainment. ANALYSIS: A. Proposed Use: According to the applicant, Omaha Jacks is an American Style steakhouse and microbrewery and they offer entertainment. The unique feature is that their microbrewery will provide minor sales of beer to local outlets. The proposed hours of operation for the restaurant and the outdoor seating are between 11:00 a.m. and 10:00 p.m. The proposed hours of operation for the bar and the lounge are between 11:00 a.m. and 2:00 a.m. The proposed days and hours of entertainment are Thursday through Saturday between 10:00 p.m. and 2:00 a.m. The types of entertainment they offer will include karaoke, live bands, and dancing. Because the dance area is less than 150 • square feet, a security guard is not required. However the applicant stated that the exterior security is being provided by the owner of Masi Plaza between the hours of 4:30 p.m. and 8:00 a.m. daily. EXHIBIT - F D-13 • PLANNING COMMISSION STAFF REPORT DRC2004-00326 AND DRC2004-00327--OMAHA JACKS MAY 26, 2004 • • Page 2 B. Regulations: Because the previous business with the approved Conditional Use Permit has ceased operation for more than 180 days, a new Conditional Use Permit is required. An Entertainment Permit is issued to the owner of the business; therefore, a new Entertainment Permit is required of the new business owner. C. Land Use Compatibility: The City's experience indicates that the management team is crucial to the successful operation of entertainment in a manner that is compatible with surrounding businesses and in compliance with laws. The applicant has not indicated any previous experience with the operation and management of a bar or entertainment. The Masi Plaza is a mixed-use center of approximately 153,000 square feet which houses retail, food, and auto services. The commercial businesses include: Denny's, a dental office, a florist shop, a liquor/mini-market store, retail and service businesses, and a fitness center. Based upon absence of any disturbances or conflicts of the previous restaurant-bar-brewery and live entertainment enterprise and the mixed-use nature of the center, staff believes that the proposed operation would not create any new conflict with the existing uses. Rather, the proposed use would complement other businesses within the center. D. Parking: The 153,000 square foot mixed-use center with its food uses, fitness center, and retail and service businesses requires 870 parking spaces. The number of parking spaces provided is 877 (Exhibit "D"). The site has sufficient parking spaces to accommodate the use. No additional parking is required. E. Environmental Assessment; The application is exempt per Section 15301 of the California • Environmental Quality Act. CORRESPONDANCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property posted, and notices were mailed to all property owners within a 300-radius of the project site. RECOMMENDATION: Staff recommends approval of Conditional Use Permit DRC2004-00326 and Entertainment Permit DRC2004-00327 through the adoption of the attached Resolutions of Approval with Conditions. Respe -.Ily subs' Ai Br. . Bu er ' City Planner BB:RW/ma Attachments: Exhibit "A"- Letters from the Applicant Exhibit "B" - Site Plan Exhibit "C"- Floor Plan Exhibit "D"- Information Sheet and Parking Calculation Exhibit "E" - Entertainment Permit Application Draft Resolution of Approval for Conditional Use Permit DRC2004-00326 • Draft Resolution of Approval for Entertainment Permit DRC2004-00327 D-14 r.. , v12-C o —0 ° 3,2-7 • Omaha Jacks Steakhouse and Brewery is an American-Style Steakhouse and Micro Brewery. The main attraction at Omaha Jacks will be the restaurant and the high quality meals that we serve. The restaurant includes a Micro Brewery that will produce high quality beer to be served to the restaurant guests, and at local outlets. The restaurant will be open daily from 11:00a.m to 10:00p.m. Omaha Jacks also has a bar and lounge area that will be utilized from 10:OOp.m until 2:00a.m, Thursday through Saturday nights. This bar and lounge area will incorporate entertainment that will range from Karaoke to live local entertainment. Omaha Jacks will Employ approximately forty Employee's, with a maximum of twenty working during peak hours. • We are requesting this entertainment permit in order to utilize the existing bar and lounge area of the restaurant. • • • • Exhibit "A" D-15 SECURITY PLAN • The Management of Omaha Jacks will continually police the interior areas of the Restaurant on a daily basis. All Employees' will be trained on how to deal with, and how to identify potentially volatile situations. All Employees' will also be trained on how to properly handle potential robberies,and the proper way to contact the authorities in case a need arises. All exterior security will be provided by the shopping center. Exterior security is currently in place, and covers the hours between 4:30p.m and 8:00a.m. • • D-16 • • ,. . . , . r, . e, • • J I IU r� J r____,- r " a s n , „ : ^1 In , �11 i ir hi. ne , l ( 1 J1 r-r r'r i s II INI I TI1-II-II IT ID -s F ! CH ffi4i -111 li 0 r.r g -T I - I 4- ,`: V i 1r: I ;. It g O I l —U I1�1TII111Iv �w ,jj r ti jila f f;, Q{f� I D ./' l r 11 I IiII3I1f1 4D L ` is tr 4 I w ' -F.( _ �__._ f¢D _ .=;csi ,Ca "H" i � •• mete —� Exhibit "B" D-17 • n 4 _' • ' o ,Hi- iA S . . , . , A i_ _ ^ • � i 11 is. 1 1 J ,f ' ' ' c o m LL x • � q - _ .1 I. I� O O ® lifiL 1i I. . �" �r lr U o J i io n -r \ iv Hr Y 2?± 3EJ , h • FS s L III. - 1 a HI . •i kill 1 if , 1 . I az 0 X ' . a Ler \giant j 1 O:d NMI t ° i 0 (1,04 a r \, II . I , 1 1.I I 11 21 - • Cr?J • Exhibit C"...... D-18 0 .. . 1 . i - .4.--;:•.:;.:;,,, . ' • ' '' . ‘. . • i .ff. • . . • Q> cjnrcm• . . --priti-o.avirr 0 , i . . term‘4., . 0 Cittp.) •. ...:\--I. - . • . . . .' • 0 10 1.-', .-:. • . I. -, f-i:4;'•:',': . e _ . .. . ,,....:s. . • . -.•;.L:L {Lockl;-.',:. . ,., ..: 1.. ir. •-i. ..-- • . i ,... .-• • C3 1.- ..:. . .... . .. . . . . ... . . , •. . . .-1 • stlizirzos. -:i,--- ... .c.:3:.;•..: : .. 1 . .... . ( . ; ..,-;-,-" -.a......-i:.i.1..,... . . . . . ,. . . . „ . . . . . .. . .. . .. . . . . - 1:•il-l .. ,•:::..'...;:;:::.:;-.•:,',..1:.!: .:::,::. ...:.-.H-.-,,. • - -:-..,,•,:.:.;.:-, 7......1 . . .. . , .. 4 . .. .. . , - i i • 0 . . • D•19 • INFORMATION SHEET FILE NO: CONDITIONAL USE PERMIT DRC2004-00326 ENTERTAINMENT PERMIT DRC2004-00327 APPLICANT: OMAHA JACKS LOCATION: 11837 Foothill Boulevard, Unit A FLOOR AREA: 8,794 square feet LAND USE CLASSIFICATION: Restaurant with bar selling distilled spirits and brewery EXISTING ZONING: Industrial Park District (Subarea 7 of the Industrial Area Specific Plan) EXISTING LAND USE: Commercial Center GENERAL PLAN DESIGNATION: General Commercial ADJACENT ZONING/LAND USE: • ZONING LAND USE • North: Community Commercial District Developed commercial center South: General Industerial District (Subarea 8) Quakes Stadium and sports complex East: Industrial Park District (Subarea 7) Single-family home and vacant West Industrial Park District (Subarea 7) Partially developed commercial center SITE DESCRIPTION: The site is within Masi Plaza. The proposed business is in Unit A of Building 5. SITE SIZE: Masi Plaza is a multi-phased 24-acre mixed-use center. • EiDGI D20 PARKING CALCULATIONS: • Use Sq. Footage Parking Ratio Parking Required Food Uses (15%) 22,500 5/1000 112.5 Food Uses (exceedsl5%) 7,360 10/1000 73.6 Fitness Center 42,000 6.6/1000 277.2 Retail/Service/Office 81.340 5/1000 406.7 TOTAL 153,200 870. PARKING SPACES PROVIDED: 877 PARKING SPACES PROVIDED BY TOTAL SQUARE FOOTAGE Lot No. of Stalls Bldg. Sq. Footage 3 49 2,700 4 67 10,600 5 42 13,700 6 48 4,900 7 30 • 7,800 11 226 42,000 • 12 2 83 14,400 13 101 20,700 14 44 12,000 15 53 11,400 16A 66 13,000 16B (overflow lot) 68 0 TOTAL 877 153,200 . PARKING RATIO: 5.72 stalls per thousand square feet. ,. • D-21 • • �'`r + APPLICATION.FOR AN +7 �' ENTERTAINMENT PERMIT City of Rancho Cucamonga Planning Division (909)477-2750 Please check if this submittal is for a: .(New Application or ❑ Annual Renewal Application Procedure This Entertainment Permit application shall be completed and submitted. Planning staff will evaluate the completeness and accuracy of the information submitted. The City Planner shall determine if the permit complies with each of the City's Codes and Ordinances prior to scheduling the project for Planning Commission consideration. Applicants for Entertainment Permits shall complete the following questionnaire: 1. Information about the applicant(s): • otAwc_ L. V12awmti.ls20UCL A c.kkpct___ T. k'LC t , Name Name • Date of Birth Date of Birth Social Security Number Social §ecurity Number California Driver's License No. California river's License No. Street Address Street Address , . City, State, & Zip City, State & Zip Phone Number Phone Number 2. The proposed and/or current name of the business: • y 1� Entpe - 1/ Page 1 of 3 D-22 3. The name, date of birth, Social Security Number, California Driver's License Number, address, and phone number of all persons responsible for the management or supervision of applicant's business and of any entertainment and provide the following information about each one: Name Name • Date of Birth Date of Birth Social Security Number Social Security Number California Driver's License No. California Driver's License No. . Street Address • Street Address City, State, and Zip City, State, and Zip Phone Number Phone Number 4. Business address and legal description (Assessor's Parcel Number) where the entertainment will be offered: • 93"1 t K 11 4 t \. '6l \/d unO� K . • Street Address " 5 • 11 13885 MOR)716-3313 • Assessor's Parcel Number Phone Number 5. A detailed description of the proposed entertainment, including type of entertainment, and number of persons engaged in the entertainment (may attach separate sheets if necessary): W eitena Ct thOga 0114 o V EATVg.t R►.`1D s ..,.,,'kc\". . 3,9 ACS. A toed Fos__ V ftL Q,I G- 6. The date or days of the week, hours, and location of entertainment(attach floor plan)and the admission fee, if any, to be charged: -•-C'FkJ& - cR-\ - SAT - R'.$0 - Zoo tq m AT t t g 31 A TZonac-kko eurcunnorac- a11 -I3o1 �— • Entpermt-1/99 Page 2 of 3 D-23 7. A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such • business: R rr any cA" '\-Ae. S\ren-c-\sa . 8. Whether or not the applicant or any person responsible for the management or supervision of applicant's business has been, within the previous ten years, convicted of a crime, the nature of such offense; and the sentence received therefor including conditions of parole or probation, if any: IACr lE 9. Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: • . Signature of Applicant(s): ��.,!�s j, I MST/• Please print name(s): ' AA� tr� COZ —2.. th.'Q Date: ship/0g Permit Fees: New Application . . . . $571 Annual Renewal . $75 Any false, misleading, or fraudulent statement of material fact in the required application shall be grounds for denial of the application for an • entertainment permit . Entpermt- 1/99 • . . . Page 3 of 3 D-24 • RESOLUTION NO. 04-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2004-00326, A REQUEST TO ESTABLISH A FULL SERVICE RESTAURANT WITH BAR AND MICROBREWERY WITHIN A 8,794 SQUARE FEET SPACE IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A;. AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-011-39. A. Recitals. • 1. Omaha Jacks filed an application for the issuance of Conditional Use Permit DRC2004-00326, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 26th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application-and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. • B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The Commission hereby specifically finds that all of the facts set forth in the Recitals, • Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Commission during the above-referenced public hearing on May 26, 2004, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The application applies to property located at the southwest corner of Foothill Boulevard and Rochester Avenue, which is presently improved with a mixed-use center. b. The property to,the north of the subject site is developed with a commercial center, the property to the south is the City's Epicenter/Sports Complex, the property to the east contains a single-family home and undeveloped land around it, and the property to the west is partially developed with a commercial center; and c. The property is designated Industrial Park (Subarea 7) in the Development Code. The proposed use, Omaha Jacks, is classified as a restaurant with a bar and entertainment, which is conditionally permitted in the Industrial Park District. d. The application contemplates the establishment of a bar serving distilled spirits • and a brewery. • e. The proposed hours of operation for the bar are 11:00 a.m. to 2:00 a.m. D-25 . PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326—OMAHA JACKS May 26, 2004 • •Page 2 f. The proposed use is compatible with the surrounding land uses and the site has sufficient parking spaces to accommodate the use. 3. Based upon the substantial evidence presented to the Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The application, which contemplates operation of the proposed uses, complies with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 • above, the Planning hereby approves the application, subject to each and every condition set forth below: Planning Division 1) Approval is for an 8,794 square foot full service restaurant with outdoor seating, a bar, and microbrewery. Expansion or intensification of the bar or brewery shall require modification to the Conditional Use Permit. 2) Approval is granted for the establishment of a bar with the sale of alcoholic beverages for consumption on the premises when sold within a bona fide eating place. • 3) Incidental sales of beer produced may be sold to local outlets. City business licenses and permits and/or licenses from other pertinent agencies are required. 4) Delivery trucks shall not impede traffic flow within the center or impact parking available to the general public. Parking, loading, and unloading along the main entry drive at the west side of the building is prohibited. 5) Hours of operation shall be limited to 10:00 a.m. to 12:00 a.m. • Sunday through Wednesday, and 10:00 a.m. to 2:00 a.m. Thursday through Saturday. • D-26 PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326—OMAHA JACKS • • May 26, 2004 Page 3 • 6) The parking lot shall be posted "No Loitering" with letters not less than 1-inch in height on signs to the satisfaction of the City Planner and Sheriff's Department. 7) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 8) If the operation of the facility causes nuisance problems, the City Planner may require the applicant to implement a security personnel plan to mitigate the problem. A detailed security plan shall be submitted for City Planner and/or Planning Commission review and approval. 9) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program No. 125 for Masi Plaza, and shall require review and approval by the City Planner prior to installation. • 10) The placement of more than three coin operated amusement • devices in the facility shall require a separate Conditional Use Permit for an arcade. 11) The facility shall be operated in conformance with the performance standards as defined in the Industrial Area Specific Plan including, but not limited to, noise levels. 12) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 13) The applicant shall process all necessary permits as required by the Department of Alcohol and Beverage Control and adhere to all conditions imposed by said Department. 14) Failure to comply with Conditions of Approval or applicable City Ordinances shall cause the suspension of the Conditional Use Permit and possible revocation of the Conditional Use Permit by the Planning Commission. 15) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which • the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of such • D-27 . PLANNING COMMISSION RESOLUTION NO. 04-64 DRC2004-00326—OMAHA JACKS May 26, 2004 • Page 4 action, but such participation shall not relieve applicant of his obligation under this condition. Fire DistricUBuildinq & Safety Division 1) Plans are required for any alterations to the building requiring a Building Permit. Please Submit to the Building & Safety Division for review and approval before demolition or construction. 2) A new Assembly Use Permit is required for the new owners. 3) Please submit a scaled and dimension floor plan to The Rancho Cucamonga Fire Protection District. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ./2/ Rich Macias, Chairman ATTEST at, !* • Brad : ' • ecreta I, Brad Buller, Secretary to the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting held on the 26th day of May 2004. AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE • D28 • RESOLUTION NO. 10-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT PERMIT NO. DRC2010-00486, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS KARAOKE, LIVE BANDS,AND DANCING IN CONJUNCTION WITH AN 8,794 SQUARE FOOT RESTAURANT AND BAR WITH A MICROBREWERY IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN THE MASI PLAZA AT 11837 FOOTHILL BOULEVARD —APN: 0229-011-39; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Omaha Jack's Inc., filed an application for the issuance of Entertainment Permit No. DRC2010-00486, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 28th day of July, 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. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution, NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. • 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on July 28, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 11837 Foothill Boulevard with a street frontage of approximately 190 feet and lot depth of approximately 250 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an shopping center in the Community Commercial District(Terra Vista Community Plan), the property to the south is an existing shopping center in the Industrial Park District (Subarea 7), the property to the east is an existing shopping • center in the Industrial Park District(Subarea 7), and the property to the west is an existing shopping center in the Industrial Park District (Subarea 7); and D-29 • ._ PLANNING COMMISSION RESOLUTION NO. 10-32 • DRC2010-00486 July 28, 2010 Page 2 c. The conduct of the establishment will not be detrimental to the public health,safety, • welfare or materially injurious to properties or improvements in the vicinity as conditions have been imposed to require onsite security and other security measures during the hours of entertainment, and the building complies with all applicable Fire and Building Codes; and d. The premises or establishment is not likely to be operated in an illegal,improper,or disorderly manner,as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and f. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals, or welfare; and • b. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; and c. That granting the application would not create a public nuisance; and d. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and residential development in the vicinity; and e. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any new construction, only the addition of live entertainment activities for an existing restaurant. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and • based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below and in the attached Standard Conditions incorporated herein by this reference: • D30 PLANNING COMMISSION RESOLUTION NO. 10-32 DRC2010-00486 July 28, 2010 Page 3 • Planning Department 1) Approval is hereby granted to Ron VandenBroeke and Mike McCarthy, owners, for an Entertainment Permit, which includes live entertainment such as karaoke, live bands, and dancing in conjunction with an 8,794 square foot restaurant and bar with a microbrewery in the Industrial Park District (Subarea 7), located in the Masi Plaza at 11837 Foothill Boulevard — APN: 0229-011-39. 2) This approval is only for karaoke, live bands, and dancing. Any change of intensity or type of entertainment shall require a modification to this permit. 3) The days and hours of entertainment shall be limited to Sunday through Wednesday between the hours of 9:00 p.m. and • 11:30 p.m., and Thursday through Saturday between the hours of • 9:00 p.m. and 1:30 a.m. Any expansion of days and/or hours shall not be permitted without prior review and approval of the Planning • Commission. 4) The days and hours of karaoke live entertainment shall be limited • to Sunday through Wednesday 9:00 p.m. to 11:30 p.m., and as an alternate entertainment type on Thursday through Saturday from 9:00 p.m. to 1:30 a.m. 5) The days and hours of live bands including dancing shall be limited to Thursday through Saturday from 9:00 p.m. to 1:30 a.m. ,. • 6) No expansion of the stage or dance floor as depicted in Exhibit B of the staff report of record shall be permitted without prior review and approval of the Planning Commission. 7) The owners shall notify the Planning Department and Rancho Cucamonga Police Department a minimum of fifteen (15)days prior to any special events or promotions to verify compliance with this permit. 8) All entertainment activities shall cease no less than thirty (30) minutes prior to the close of business. 9) Per Section 5.12 of the Rancho Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the property be sold or ownership transferred, a new Entertainment Permit must be reviewed and issued by the Planning Commission to the new owner. • 10) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. D-31 _ PLANNING COMMISSION RESOLUTION NO. 10-32 DRC2010-00486 . July 28, 2010 Page 4 • 11) There shall be no flashing lights, disco lights, or similar lighting • during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 12) Entertainment shall be conducted inside the building. 13) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 14) Exterior noise levels shall not exceed 65 dB during the hours of 7:00 a.m. to 10:00 p.m. and 60 dB during the hours from 10:00 p.m. to 7:00 a.m. as measured from the property line. 15) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 16) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to, noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or • revocation of the permit. 17) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 18) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. Security: 19) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable security firm as approved by the Rancho Cucamonga Police Department shall be required to be on the premises from 9:00 p.m. until the parking lot is cleared after the conclusion of any entertainment. The guard shall be in peace officer attire and shall remain on duty in the parking area and outside adjacent areas of the facility to avert problems such as loud noise, disorderly conduct from patrons or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 20) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding • entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. • D-32 PLANNING COMMISSION RESOLUTION NO. 10-32 DRC2010-00486 July 28, 2010 Page.5 • 21) Any patron who (1)fights or challenges another person to fight, 2 Y P O 9 9 P 9O maliciously .and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words, which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 22) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that • constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct,drug trafficking, or excessive loud noise. 23) Security personnel required by the Entertainment Permit issued for the licensed premises shall be in a uniform or clothing, which is readily identifiable as a security person. They shall maintain order • and enforce the establishment's no loitering policy, and shall take "reasonable steps"(as that term is defined in Subparagraph (3)of Section 24200 of the California Business and Professions Code)to correct objectionable conditions that constitute a nuisance. 24) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons, establishing a reasonable ratio of employees to patrons (based upon activity level) in order to monitor beverage sales and patron behavior, handling patrons involved in fighting or arguing, handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s); verifying age/checking identification of patrons, warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 25) Contract security services shall be familiar with establishment's written security policy and procedures; by reviewing them and signing they have read and understood the policy. The signed acknowledgement shall be kept in file relating to the security manual. • 26) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga business license. D-33 • PLANNING COMMISSION RESOLUTION NO. 10-32 DRC2010-00486 July 28, 2010 Page 6 27) Install a closed circuit television system capable of readily • identifying facial features, and stature of all patrons entering the establishment during hours of a nightclub type operation. Video shall be recorded and a library of events shall be kept for a minimum of fifteen (15) days and made available for inspection by the City of Rancho Cucamonga Police Department at request. Fire District/Buildinq & Safety Department 28) . The maximum number of occupants shall not exceed Building and Fire Codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JULY 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: •Luis Munoz, Jr., 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 28th day of July 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • D34 Planning Commission Meeting of T722 � en) 20/0 RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM i 1. ) , _ A) 2. 29 .77 S' &e// Ali' 4. Vim "�e-esPf 5. J7J%N /,, nor S 6. J-0,1h&0,A./ ► 8. //"e,t.e.- A foss/ 9. a) 10. tdk c 1. UDGLN /` a-us J✓ 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.