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HomeMy WebLinkAbout2010/08/25 - Agenda Packet - Planning Commission • THE CITY OF RANCHO CUCAMONGA fr PLANNING COMMISSION Lim AGENDA RANCHO CUCAMONGA AUGUST 25, 2010 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL To ORDER Roll Call Chairman Munoz Vice Chairman Howdyshell _ Fletcher_ Wimberly_ Oaxaca _ • I II. ANNOUNCEMENTS III. APPROVAL OF MINUTES July 28, 2010 Regular Meeting Minutes IV. 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 DRC2010-00385 -AT&T-A request to add a third carrier to a 61-foot tall multi-carrier wireless facility and increase the size of the equipment enclosure at an existing retail center at the southeast corner of Base Line Road and Milliken Avenue in the Neighborhood Commercial District - APN: 0227-182-17. This action is categorically exempt from the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15303, Accessory Structures. • 1 of 5 r PLANNING COMMISSION AGENDA b„J AUGUST 25, 2010 RANCHO CUCAMONGA B. CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC. - A request to add three (3) RF panels and three (3) parabolic antennas to the empty brackets of an existing Sprint wireless telecommunications facility array at Heritage Park in the Open Space District located at 5546 Beryl Street -APN: 1061-641-07. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). C. CONDITIONAL USE PERMIT DRC2010-00068-CLEAR WIRELESS, LLC - A request to replace an existing 67-foot tall monopole with a 65-foot tall monopine wireless communications facility for the purpose of collocation in the Medium Residential District located at 6627 Amethyst Avenue (Fire Station #171) - APN: 0202-101-11. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332, In-Fill Development Project. D. NON-CONSTRUCTION CONDITIONAL USE PERMT DRC2010-00420- • LUCE FORWARD ON BEHALF OF WALGREENS - A request for beer and wine sales for off-site consumption at an existing Walgreens store located in the Neighborhood Commercial District located at 6701 Carnelian Street -APN: 0202-541-61. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). E. NON-CONSTRUCTION CONDITIONAL USE PERMT DRC2010-00421 - LUCE FORWARD ON BEHALF OF WALGREENS - A request for beer and wine sales for off-site consumption at an existing Walgreens store located in the Office Professional District located at 6400 Haven Avenue- APN: 0201-262-37. This project is categorically exempt from the requirement of the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). F. NON- CONSTRUCTION CONDITIONAL USE PERMIT-DRC2010-00490 - RAUL ZENDEJAS - A request to sell distilled spirits at a 2,800 square foot Mexican restaurant located in the Community Commercial District (CC) of the Foothill Boulevard Specific Plan (Subarea 2) at 9030 Foothill Boulevard Suite#102-APN: 0208-101-19. Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA • 2 of 5 • �I PLANNING COMMISSION AGENDA L�-MJ AUGUST 25, 2010 RANCHO CUCAMONGA Guidelines as a Class 1 (Section 15301) exemption, which covers the permitting of existing structures that involve little or no expansion or use beyond that existing at the time of the lead agency's determination. G. TENTATIVE PARCEL MAP SUBTPM19247-CITY OF RANCHO CUCAMONGA - A request to subdivide a parcel of approximately 4.14 acres of land currently developed with the Etiwanda Depot and associated equipment into two parcels of approximately 3.46 acres and approximately .54 acre of land located at 7089 Etiwanda Avenue in the Low Residential District (2-4 dwelling units per acre) - APN: 0227-121-18. Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 - Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less. V. NEW BUSINESS • H. USE DETERMINATION DRC2010-00494-LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS - A request to determine whether grocery stores should be permitted within the Retail Business land use category in the Community Commercial District of the Terra Vista Community Plan. This project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City CEQA Guidelines. The project qualifies under 15061(b)(3) of the State CEQA Guidelines because a use determination will not have any specific impacts on the environment. . VI. PUBLIC COMMENTS . This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VII. 'COMMISSION BUSINESS/COMMENTS 3 of 5 i PLANNING COMMISSION AGENDA • Ltei AUGUST 25, 2010 RANCHO CUCAMONGA IVIII. ADJOURNMENT I 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. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING TO DISCUSS PRE- APPLICATION REVIEW DRC2010-00530 - NEVIS HOMES I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on August 19, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. � � ' • L I giiIf 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. • 4 of 5 PLANNING COMMISSION AGENDA • �� AUGUST 25, 2010 12ANCxo CUCAMONGA If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS • Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http:/lwww.ci.rancho-cucamonga.ca.us • 5of5 Vicinity Map Planning Commission Meeting August 25, 2010 I I � - re al E .6 i a a I a y co= Q m I 1.11 ;1111a I 'II —� U I Si 19th St III mean s G Base Line ;'Base Line im gele! Church Foothill �� Irf r t . Foothill Arrow M,�i•• � :Arrow .mil __ 8th ��an-' 3 �i o i Mil 1 W W" 2 o 1 all ( 6th N sii 6th I Y 4 A th _ . _. -Sit 4th on D F C * Meeting Location: • City Hall 10500 Civic Center Drive STAFF REPORT' • PLANNING DEPARTMENT DATE: August 25, 2010 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: CONSTRUCTION CONDITIONAL USE PERMIT - DRC2010-00385 - AT&T - A request to add a third carrier to a 61-foot tall multi-carrier wireless facility and increase the size of the equipment enclosure at an existing retail center, located at the southeast corner of Base Line Road and Milliken Avenue in the Neighborhood Commercial District - APN: 0227-182-17. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332, In-Fill Development Projects. • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Single-Family Homes, Victoria Community Plan, Low-Medium Residential South - Single-Family Homes, Terra Vista Community Plan, Low-Medium Residential East - Condominiums, Terra Vista Community Plan, Medium High Residential West - Gas Station; Terra Vista Community Plan, Office Park • B. General Plan Designations: Project Site - Neighborhood Commercial North - Low-Medium South - Low-Medium East - Medium-High West - Office C. Site Characteristics: The project site is an existing shopping center that is comprised of multiple parcels that make a somewhat square-shaped parcel that is located at the southeast corner of Milliken Avenue and Base Line Road. The parcel on which the tower will be located is a .9-acre puzzle-shaped parcel, combined with several other parcels to make up the 12.58-acre multi-building, multi-tenant retail shopping center known as Central Park Plaza. ANALYSIS: A. General: The entire site was originally approved under Conditional Use Permit CUP89-18. This approval was for the development of a commercial retail shopping center consisting of 12 retail buildings and 1 day care building, totaling 119,204 square feet on 14.1 acres of land. The entire site is bound by Base Line Road to the north, Milliken Avenue to the west, Elenna West to the east, and Terra Vista Parkway East to the south. The proposed project will add a third carrier to an approved project (Conditional Use Permit DRC2009-00253) that was approved by the Planning Commission on July 14, 2010, to construct a 61-foot tall multi-carrier wireless facility designed as a clock tower, with an • equipment enclosure at the northwest corner of the Central Park Plaza Shopping Center. Currently Verizon and T-Mobile are approved to be on the tower, and with this application, • • Item A PLANNING COMMISSION STAFF REPORT DRC2010-00385—AT&T August 25, 2010 • Page 2 also contains a monopalm wireless communications facility near the southeast corner of the shopping center that accommodates Sprint and Clearwire. The previously approved tower has incorporated elements from the shopping center into its design. When built, the majority of the tower will be various colors of brown and tan. The roof will consist of the Mission Clay Tile roofing that is used on the existing buildings in the center. The equipment enclosure is approved to be constructed between the tower, and the existing bank building to the east. The enclosure will utilize the same materials as the tower but it will be constructed from CMU block and have a stucco finish to match the surrounding buildings. AT&T is requesting to increase the size of the equipment enclosure by 240 square feet. The extension to the enclosure will be to the north end of the previously approved enclosure and remain out of the required 45-foot front yard setback. The arch elements on the approved enclosure will be carried over onto this extension. The addition to the equipment enclosure does not require any additional parking. B. Design Review Committee: The Design Review Committee (Wimberly and Granger) reviewed the site, building elevations, materials, and Conceptual Landscaping Plans on August 3, 2010, and recommended approval. C. Grading Review Committee: The Grading Committee reviewed the development portion of the project on August 3, 2010, and conditionally recommended approval. • 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 32 exemption under State CEQA Guidelines Section 15332 In-Fill Development Projects because this project meets all the criteria described in this section, is only 289 square feet and is located in an area that contains all public services and facilities to allow for maximum development, and there is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve the Conditional Use Permit DRC2010-00385 through the adoption of the attached Resolution of Approval with conditions. • Respectfully submitted, /2. James R. Troyer, AICP Planning Director • JRT:SF/ge A-2 PLANNING COMMISSION STAFF REPORT DRC2010-00385 —AT&T • August 25, 2010 Page 3 Attachments: Exhibit A - Site Detail Exhibit B - Elevations Exhibit C - Aerial Map Draft Resolution of Approval for Conditional Use Permit DRC2010-00385 • • • A-3 RESOLUTION NO.10-33 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00385,A REQUEST TO ADD A THIRD CARRIER TO A MULTI-CARRIER WIRELESS COMMUNICATIONS FACILITY, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0227-182-17. A. Recitals. 1. AT&T filed an application for the issuance of Conditional Use Permit DRC2010-00385, 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 25th day of August 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 August 25, 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 southeast corner of Base Line Road and Milliken Avenue with a street frontage on Base Line Road of 888 feet and a street frontage on Milliken Avenue of 733 feet and which is presently improved with a multi-tenant shopping center; and b. The properties to the north, south, and east of the subject site are single-family residences; the property to the west consists of a gas station;and the property northwest of the site is Central Park; and c. The project consists of the addition of one carrier to a previously approved multi-carrier wireless communications facility and the addition of 240 square feet to a previously approved 690 square foot equipment shelter. 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 collocation of this carrier with two other carriers meets the General Plan objective that requires communications • A-12 PLANNING COMMISSION RESOLUTION NO. 10-33 DRC2010-00385 AT&T August 25, 2010 Page 2 towers to be collocated and designed to blend in with the surrounding environment. The Conditional • Use Permit is required to add a third carrier to the previously approved wireless communication facility in the Neighborhood Commercial District of the Terra Vista Community Plan. 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 antenna in the tower and the addition to the equipment enclosure will be installed per the Building Code and all applicable codes governing wireless facilities. c. The proposed use complies with each of the applicable provisions of the Development Code by collocating on a facility that is designed to blend with the surrounding environment and has the ability to collocate multi-carriers within the facility. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 32 exemption under State CEQA Guidelines Section 15332 (In-Fill Development) because the proposed project meets all the criteria described in this section and is only an addition of 240 square foot in total lot coverage, located in an area that contains all public services with facilities to allow for maximum development and there is no substantial evidence that the project may have a significant effect on the environment. 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 addition of a third carrier onto a previously approved multi-carrier wireless communications facility that is designed as a clock tower, with an addition of 240 square feet to the equipment enclosure located at the southeast corner of Base Line Road and Milliken Avenue- APN: 0227-182-17. 2) The wireless communication facility and the equipment shelter shall be constructed in accordance with the approved plans on file with the Planning Department. 3) Any expansion, modification, or alteration to the clock tower or equipment enclosure shall require review and approval by the Planning Department. 4) The approval of this application does not exempt the applicant from complying with all of the conditions of previously approved Conditional Use Permit DRC2009-00253 and CUP 89-18. 5) The wireless communication facility is considered abandoned if it ceases to provide wireless communication service for 180 or more days and shall be removed in accordance with the proper health and safety requirements and all ordinances, rules, and regulations of the City. • • • A-13 PLANNING COMMISSION RESOLUTION NO. 10-33 DRC2010-00385 AT&T August 25, 2010 Page 3 • 6) The equipment shelter and landscaping shall match the existing site in style and color. 7) Any work performed or any right-of-way closure will require prior approval from the Engineering Department. 8) All equipment necessary for the operation of the wireless facility shall be contained inside the equipment shelter. 9) Signs are not permitted on the clock tower or the equipment shelter, except signage required for emergency notification purposes and those required by regulatory agencies. 10) The antenna and the equipment shelter shall be maintained in good condition at all times. Damaged and/or weathered equipment, including appurtenant equipment, shall be repaired promptly. 11) No wireless communication facility shall interfere with the public safety radio communications system including, but not limited to, the 800 MHz trunking system. If it is determined that the operation of the telecommunications facility causes interference with the radio communications of the City's public safety operation in violation of FCC Rules and Regulations, the applicant shall work diligently in accordance with the Best Practices Guidelines of the FCC to eliminate any • interference. 12) Except for necessary emergency maintenance, maintenance of the wireless communication facility and all appurtenant equipment on any day, except on Sundays, shall occur only between the hours of 8:00 a.m. and 8:00 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 25th day of August 2010, by the following vote-to-wit: A-14 PLANNING COMMISSION RESOLUTION NO. 10-33 DRC2010-00385 AT&T August 25, 2010 Page 4 • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • A-15 COMMUNITY DEVELOPMENT tail; DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00385 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: AT & T . LOCATION: SOUTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE -APN: 0227-182-17 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: iii 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. 10-33, Standard _/ /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The • sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The /_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption -$50 X B. Time Limits 1. 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. SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00385StdCond 8-25.doc A-16 Project No. DRC2010-00385 • Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/ • site plans,architectural elevations, exterior materials and colors, landscaping, sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Terra Vista Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/ of Approval shall be completed to the satisfaction of the Planning Director. 3. 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. 4. 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. 5. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/ /_ debris remain for more than 24 hours. • APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: _/ /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2010-00385) clearly identified on the outside of all plans. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00385StdCond 8-25.doc A-17 l Project No. DRC2010-00385 Completion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. • 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to /_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/ /_ Building and Safety Department. F. Site Development 1. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / /_ through Saturday, with no construction on Sunday or holidays. G. New Structures 1. Upon tenant improvement plan check submittal, additional requirements may be needed. • • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00385StdCond 8-25.doc A-18 STAFF REPORT , .' • � a PLANNING DEPARTMENT RANCHO Date: August 25, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner Subject: CONDITIONAL USE PERMIT DRC2009-00519 — CLEAR WIRELESSS, LLC. - A request to add three (3) RF panels and three (3) parabolic antennas to the empty brackets of an existing Sprint wireless telecommunications facility array at Heritage Park in the Open Space District, located at 5546 Beryl Street - APN: 1061-641-07. This project is categorically exempt from the requirement 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 - Single-Family Dwelling UnitsNery Low Residential (.1-2 dwelling units per acre) • • South - Single-Family Dwelling UnitsNery Low Residential (.1-2 dwelling units per acre) East - Single-Family Dwelling UnitsNery Low Residential (.1-2 dwelling units per acre) West - Single-Family Dwelling UnitsNery Low Residential (.1-2 dwelling units per acre) B. General Plan Designations: Project Site - Open Space North - Very Low Residential (.1-2 dwelling units per acre) South - Very Low Residential (.1-2 dwelling units per acre) East - Very Low Residential (.1-2 dwelling units per acre) West - Very Low Residential (.1-2 dwelling units per acre) C. Site Characteristics: The proposed site is located at Heritage Park on the southwest corner of Beryl Street and Hillside Road. Heritage Park is a 23-acre parcel of open space currently maintained by the City as a community park. The park consists of playground and picnic areas, lighted baseball and soccer fields, basketball courts, an equestrian center, nature and exercise trails. The specific project site is a light standard located adjacent to the ball field in the northern portion of the park and currently improved with a wireless communication facility consisting of 3 horizontal sectors, with mounts for up to four RF panels per sector and an equipment shelter constructed of 3 feet of block wall and 3 feet of chain link fence. Sprint is currently utilizing three • RF panels per sector for a total of 9 antennas. ANALYSIS: A. General: The site is currently leased from the City of Rancho Cucamonga by Sprint. Currently, • Sprint is only utilizing 9 of the approved 12 spaces on the facility to provide wireless communications services to their customers. Clearwire is proposing the removal of three (3) of Item B • PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2009-00519— CLEAR WIRELESS, LLC August 25, 2010 Page 2 • Sprint's RF panels and the installation of three (3) parabolic antennas housed in faux RF panels, using the three (3) open spaces to install their RF panels, for a total of six (6) RF panels. In addition, the applicant proposes to reconstruct the existing equipment shelter to better stealth the equipment from public view. Currently, the shelter consists of 3 feet of cement mortar unit wall topped by 3 feet of chain link fence. The reconstructed shelter will be stucco finished with a trellis on top to better stealth the equipment inside. Clearwire will be placing their equipment in the reconstructed shelter. There will be no increase in lease space. The wireless communication facility is classified as .a major wireless communication facility because it is located on City property. The proposed Clearwire facility meets all the requirements of the Wireless Communications Facilities Chapter of the Development Code and is consistent with the General Plan by promoting the collocation of wireless facilities whenever possible. B. Desiqn Review Committee: On June 15, 2010, the Design Review Committee (Wimberly and Granger; Munoz abstaining) reviewed the project and recommended approval. C. Environmental Assessment:' The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because the proposed project will use the existing infrastructure on the light standard and all equipment will be housed in the existing, albeit reconstructed equipment shelter, and there is no negligible expansion of the existing use. • CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2009-00519 through the adoption of the attached Resolution of Approval with conditions. Respectfully submitted, R. SAT/. • Jam R. Troyer, AICP Planning Director JRT:JN/ge Attachments: Exhibit A - Site Plan and Elevations Exhibit B - Design Review Committee Action Agenda Comments dated June 15, 2010 Draft Resolution of Approval for Conditional Use Permit DRC2009-00519 • B-2 ACTION AGENDA • DESIGN REVIEW COMMITTEE MEETING TUESDAY JUNE 15, 2010 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Ray Wimberly James Troyer Donald Granger Alternates: Frances Howdyshell Richard Fletcher Francisco Oaxaca CONSENT CALENDAR NO ITEMS SUBMITTED. PROJECT REVIEW ITEMS This is the time and place for the Committee to discuss and provide direction to an applicant regarding their development application. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. 7:00 p.m. (Tabe/Tasha) HILLSIDE DESIGN REVIEW DRC2009-00925 - SHANNON HOFMANN - A request to build a 4,395 square foot house with two attached garages, totaling 850 square feet on a • 21,902 square foot lot in the Very Low (VL) Residential Development District, located at 10831 Deer Canyon Drive -APN: 1074-471-12. 7:20 p.m. (Mike/Willie) ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18794 — PHELAN DEVELOPMENT COMPANY - A proposal to subdivide a property of 19.35 acres in conjunction with the development of an industrial/warehouse complex comprised of 11 buildings in the General Industrial (GI) District (Subarea 3), located at the south side of 8th Street approximately 640 feet west of Hellman Avenue - APN: 0209-151-27 and -37. Related files: Development Review DRC2007-00551, Minor Exception DRC2008-00152, and Uniform Sign Program DRC2008-00681. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00551 — PHELAN DEVELOPMENT COMPANY - A proposal to develop an industrial/warehouse complex comprised of 11 buildings and 11 parcels on a property of 19.35 acres in the General Industrial (GI) District (Subarea 3), located at the south side of 8th Street approximately 640 feet west of Hellman Avenue - APN: 0209-151-27 and -37. Related files: Tentative Parcel Map SUBTPM18794, Minor Exception DRC2008-00152, and Uniform Sign Program DRC2008-00681. UNIFORM SIGN PROGRAM DRC2008-00681 - PHELAN DEVELOPMENT COMPANY - A Uniform Sign Program for Development Review DRC2007-00551, a proposal to develop an industrial/warehouse complex comprised of 11 buildings and 11 parcels on a property of 19.35 acres in the General Industrial (GI) District (Subarea 3), located at • the south side of 8th Street approximately 640 feet west of Hellman Avenue - APN: 0209-151-27 and -37. Related file: Development Review DRC2007-00551, Tentative Parcel Map SUBTPM18794, and Minor Exception DRC2008-00152. EXHIBIT B B-5 DESIGN REVIEW COMMENTS • 8:20 p.m. Jennifer Nakamura June 15, 2010 CONDITIONAL USE PERMIT DRC2009-00519 — CLEAR WIRELESS, LLC - A request to add three (3) RF panels and three (3) parabolic antennas to the empty brackets of an existing Sprint wireless. telecommunications facility array at Heritage Park in the Open Space District, located at 5546 Beryl Street -APN: 10161-641-07. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). Design Parameters: The project site is located at Heritage Park on the southwest corner of Beryl Street and Hillside Road. The site is an existing light standard adjacent to the improved ball fields in the southern portion of the park. The light standard is currently improved with a wireless communications facility consisting of three horizontal sectors, with mounts for up to four (4) RF panels per sector, allowing a total of 12 RF panels which was originally approved in 2000. The site is currently leased from the City of Rancho Cucamonga by Sprint. Currently, Sprint is only utilizing 9 of the approved 12 spaces on the facility to provide wireless communications services to their customers. Clearwire is proposing the removal three (3) of Sprint's RF panels and to install three (3) parabolic antennas housed in faux RF panels, using the three (3) open spaces to install their RF panels, for a total of six (6) RF panels. In addition, the applicant proposes to reconstruct the existing equipment shelter to better stealth the equipment from public view. Currently, the shelter consists of 3 feet of cement mortar unit wall topped by 3 feet of chain link fence. The reconstructed shelter will be stucco finished with a trellis on top to better stealth the equipment inside. Clearwire will be placing their equipment in the reconstructed shelter. There will be no increase in lease space. • The wireless communication facility is classified as a major wireless communication facility because it is located on City property. The proposed Clearwire facility meets all the requirements of the Wireless Communications Facilities Chapter of the Development Code and is consistent with the General Plan by promoting the collocation of wireless facilities whenever possible. Staff Comments: The following comments are intended to provide an outline for Committee discussion. There are no issues relating to this project Staff Recommendation: Staff recommends that the Design Review Committee review and approve the project with Standard Conditions. Major Issues: None. Minor Issues: None. Policy Issues: None. Design Review Committee Action: The Committee recommended approval of the project as presented. Members Present: Munoz, Wimberly, Granger • Staff Planner: Jennifer Nakamura B-6 RESOLUTION NO. 10-34 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2009-00519, A REQUEST TO ADD THREE (3) RF PANELS AND (3) THREE PARABOLIC ANTENNAS TO THE EMPTY BRACKETS OF AN EXISTING SPRINT WIRELESS TELECOMMUNICATIONS FACILITY ARRAY AT HERITAGE PARK IN THE OPEN SPACE DISTRICT, LOCATED AT 5546 BERYL STREET;AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1061-641-07. A. Recitals. 1. Clear Wireless, LLC filed an application for the issuance of Conditional Use Permit DRC2009-00519, 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 25th day of August 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 August 25, 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 5546 Beryl Street, with a total street frontage of approximately 1,326 feet on Beryl Street and 1,326 feet on Hillside Road, which is presently improved with a municipal park; and b. The property to the north of the subject site is zoned Very Low Residential (.1 - 2 dwelling units per acre)and is developed with single-family dwelling units;the property to the south is zoned Very Low Residential (.1 -2 dwelling units per acre)and is developed with single -family dwelling units; the property to the east is zoned Very Low Residential (.1 - 2 dwelling units per acre) and is developed with single -family dwelling units; and the property to the west is zoned Very Low Residential(.1 -2 dwelling units per acre)and is developed with single-family dwelling units; and c. The application proposes the removal of three(3)of Sprint's RF panels and the installation of three (3) parabolic antennas housed in faux RF panels, using the three (3)open spaces to install their RF panels, for a total of six (6) RF panels: In addition, the applicant proposes to reconstruct the existing equipment shelter to better stealth the equipment from public view. 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: B-7 PLANNING COMMISSION RESOLUTION NO. 10-34 CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC August 25, 2010 Page 2 • 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 as a Class 32 exemption under State CEQA Guidelines Section 15301 (existing facilities) because the proposed project will use the existing infrastructure on the light standard, and all equipment will be housed in the existing, albeit reconstructed equipment shelter, and there is no negligible expansion of the existing use. 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 following: the removal three (3) of Sprint's RF panels and the installation of three(3) parabolic antennas housed in faux RF panels, using the • three (3) open spaces to install their RF panels, for a total of six (6) RF panels as well as the reconstruction of the existing equipment shelter located at 5546 Beryl Street. 2) The color of all appurtenant supporting brackets and attachments shall be painted to match the branches of the light standard. 3) The wireless communications facility and the equipment shelter shall be constructed in accordance with the approved plans on file with the Planning Department. 4) Any expansion, modification, or alteration to the wireless communications facility shall require review and approval by the Planning Department. 5) All equipment necessary for the operation of the wireless communications facility shall be contained inside the equipment enclosure. 6) Signs are not permitted on the light standard or the equipment shelter, except signage required for emergency notification purposes and those required by regulatory agencies. 7) The antenna and the equipment shelter shall be maintained in good condition at all times. Damaged and/or weathered equipment, including appurtenant equipment, shall be repaired promptly. 8) No wireless communications facility shall interfere with any public safety radio • communications system including, but not limited to, the 800 MHz trunking B-8 PLANNING COMMISSION RESOLUTION NO. 10-34 CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC August 25, 2010 • Page 3 system. The applicant shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference. 9) Except for necessary emergency maintenance, maintenance of the wireless communications facility and all appurtenant equipment on any day, except Sundays, shall occur only between the hours of 8:00 a.m. and 8:00 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. Building and Safety/Fire Construction Services STANDARD CONDITIONS CELL SITE Fire Construction Services will review the construction plans when submitted to the Building and Safety Department for plan check. THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-6 Fire District Site Access 1) Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. A Knox box must be installed in • Accordance with RCFPD Standards. 2) Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with the RCFPD Standard. 3) 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 Building and Safety for approval. 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. • Battery Systems • Compressed Gases • Flammable and Combustible Liquids • Hazardous Materials • • Liquefied Petroleum Gases B-9 PLANNING COMMISSION RESOLUTION NO. 10-34 CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC August 25, 2010 Page 4 • FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. 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) 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. 2) Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the approved fire access roadways must be installed in accordance with the approved plans and acceptable to FCS. • 3) The Covenants, Conditions, and Restrictions, 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. 4) Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background-visible from the street and electrically illuminated during periods of darkness. • 5) Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate(in writing from the County)that the facility has met or is meeting the Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 6) Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District"Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 7) Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 1/2-inch by 11-inch or 11-inch by 17-inch site plan of the site in accordance • with RCFPD Standard #13-1 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. B-10 • PLANNING COMMISSION RESOLUTION NO. 10-34 CONDITIONAL USE PERMIT DRC2009-00519 - CLEAR WIRELESS, LLC August 25, 2010 • Page 5 8) The Knox box must be installed and the Key to the building and/or gates must be provided by the owner or contractor to the fire inspector for locking up in the Knox box. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • B-11 • % COMMUNITY DEVELOPMENT ; ' ' DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00519 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: CLEAR WIRELESS, LLC LOCATION: 5546 BERYL STREET (HERITAGE PARK) APN: 1061-641-07 ALL OF THE FOLLOWING CONDITION'S APPLY TO YOUR PROJECT. . APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: : 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. 10-34, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X B. Time Limits 1. 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. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00519StdCond 8-25.doc B-12 Project No. DRC2009-00519 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. 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. 4. 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. 5. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / /_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For • single-family residential developments, transformers shall be placed in underground vaults. D. Shopping Centers 1. Graffiti shall be removed within 72 hours. 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710, •. . FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: / /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. 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; e. Planning Department Project Number (i.e., DRC2009-00519) 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. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00519StdCond 8-25.doc B-13 • Project No. DRC2009-00519 Completion Date 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department. Site Development 1. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday or holidays. G. New Structures 1. 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 RESOLUTION • • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2009-00519StdCond 8-25.doc 8.14 STAFF REPORT ' • PUNNING DEPARTMENT RANCHO Date: August 25, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner Subject: CONDITIONAL USE PERMIT DRC2010-00068 - CLEAR WIRELESS, LLC - A request to replace an existing 67-foot tall monopole with a 65-foot tall monopine wireless communications facility for the purpose of collocation in the Medium Residential District, located at 6627 Amethyst Avenue (Fire Station No. 171) - APN: 0202-101-11. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332, In-Fill Development Project. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Multi-Family Dwelling Units/Medium Residential (8-14 dwelling units per acre) South - Post Office/Office Professional East - Multi-Family Dwelling Units/Medium Residential (8-14 dwelling units per acre) West - Multi-Family Dwelling Units/Medium Residential (8-14 dwelling units per acre) • B. General Plan Designations: Project Site - Civic/Regional Public Facilities North - Medium Residential (8-14 dwelling units per acre) South - Office Commercial East - Medium Residential (8-14 dwelling units per acre) West - Medium Residential (8-14 dwelling units per acre) C. Site Characteristics: The subject site is located at Amethyst Fire Station No. 171, north of 19th Street and south of the SR-210 Freeway on the east side of Amethyst Avenue. The site is currently improved with a City Fire Station, an existing monopole wireless communication facility on the southern portion of the property and an existing monopine wireless communication facility on the northeast portion of the property. The proposed project is located at the same site as the monopole wireless communication facility. ANALYSIS: • A. General: The applicant is proposing to remove an existing 67-foot monopole and construct a 65-foot wireless communications facility in the form of a faux pine tree for the purposes of collocating with two existing wireless carriers (T-Mobile and Sprint) to enhance cellular communication service for Clearwire in the area. The monopine will be approximately 76 feet east of the curb face of Amethyst Avenue, near the southern edge of the fire station. To the south of the fire station is a post office. The proposed antennas, consisting of a total of 3 antenna panels and 3 parabolic antennas will be mounted on the monopine with the relocated Sprint equipment at • approximately 63 feet above grade. The relocated T-Mobile panels will be located at approximately 52 feet above grade. Artificial branches designed to resemble a Pine tree will be installed and the cylindrical pole will be embellished with a rubberized faux .bark material made to imitate a tree Item C • PLANNING COMMISSION STAFF REPORT , CONDITIONAL USE PERMIT DRC2010-00068 — CLEAR WIRELESS, LLC August 25, 2010 Page 2 • trunk, thereby providing a "stealth" design. The branches of the monopine will extend an additional 5 feet beyond the top of the monopine structure and will continue down the tree to approximately 12 feet from the base of the pole. The existing chain link equipment enclosure will be extended to include the new monopine and additional equipment cabinets and is shielded from public view from the screen walls of the fire station. The chain link enclosure will be removed around the existing monopole that is to be removed upon construction of the new monopine. The wireless communication facility is classified as a major wireless communication facility because of its location on City owned property. Major wireless communication facilities are not permitted to be located within 300 feet of any residential structure or within 300 feet of any existing major wireless communication facility, except when collocated on the same wireless facility. The proposed wireless communication facility will be within 300 feet from the nearest residential structure, but because it will be co-locating with two existing carriers it meets the City's site selection criteria for a major wireless communication facility. In addition, the proposed monopine will be replacing an existing monopole, which is currently a non-stealth, legal non-conforming site. The proposed Clearwire facility meets the screening and site selection guidelines for wireless communication facilities by providing stealth type design and collocating with two other carriers. B. Design Review Committee: On June 15, 2010, the Design Review Committee (Wimberly and Granger; Munos abstaining) reviewed the project and recommended approval. C. Environmental Assessment: The Planning Department staff has determined that the project is • categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 32 exemption under State CEQA Guidelines Section 15332 (In-fill development projects) because the proposed project is consistent with both the General Plan and Zoning Regulations, is within the City Limits with a project site of less than 5 acres, contains no value for habitat for endangered species, will not result in any significant effects relating to noise, traffic, air quality, or water quality, and can be serviced by all required utilities and public services, 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 DRC2010-00068 through adoption of the attached Resolution of Approval with conditions. Respectfully submitted, - R: Ja . Troyer, AICP R. Tr Pla ' ing•Director JRT:JN/ds Attachments: Exhibit A - Site Plan & Elevations • Exhibit B - Design Review Committee Action Agenda Comments, dated June15, 2010 Draft Resolution of Approval for Conditional Use Permit DRC2010-00068 C-2 ACTION AGENDA • DESIGN REVIEW COMMITTEE MEETING TUESDAY JUNE 15, 2010 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Ray Wimberly James Troyer Donald Granger Alternates: Frances Howdyshell Richard Fletcher Francisco Oaxaca CONSENT CALENDAR • NO ITEMS SUBMITTED. PROJECT REVIEW ITEMS This is the time and place for the Committee to discuss and provide direction to an applicant regarding their development application. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. 7:00 p.m. • (Tabe/Tasha) HILLSIDE DESIGN REVIEW DRC2009-00925 - SHANNON HOFMANN - A request to build a 4,395 square foot house with two attached garages, totaling 850 square feet on a • 21,902 square foot lot in the Very Low (VL) Residential Development District, located at 10831 Deer Canyon Drive -APN: 1074-471-12. 7:20 p.m. (Mike/Willie) ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18794 — PHELAN DEVELOPMENT COMPANY - A proposal to subdivide a property of 19.35 acres in conjunction with the development of an industrial/warehouse complex comprised of 11 buildings in the General Industrial (GI) District (Subarea 3), located at the south side of 8th Street approximately 640 feet west of Hellman Avenue - APN: 0209-151-27 and -37. Related files: Development Review DRC2007-00551, Minor Exception DRC2008-00152, and Uniform Sign Program DRC2008-00681. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00551 — PHELAN DEVELOPMENT COMPANY - A proposal to develop an industrial/warehouse complex comprised of 11 buildings and 11 parcels on a property of 19.35 acres in the General Industrial (GI) District (Subarea 3), located at the south side of 8th Street approximately 640 feet west of Hellman Avenue - APN: 0209-151-27 and -37. Related files: Tentative Parcel Map SUBTPM18794, Minor Exception DRC2008-00152, and Uniform Sign Program DRC2008-00681. UNIFORM SIGN PROGRAM DRC2008-00681 - PHELAN DEVELOPMENT COMPANY - A Uniform Sign Program for Development Review DRC2007-00551, a proposal to develop an industrial/warehouse complex comprised of 11 buildings and 11, parcels on a property of 19.35 acres in the General Industrial (GI) District (Subarea 3), located at • the south side of 8th Street approximately 640 feet west of Hellman Avenue - APN: 0209-151-27 and -37. Related file: Development Review DRC2007-00551, Tentative Parcel Map SUBTPM18794, and Minor Exception DRC2008-00152. EXHIBIT - B C-5 • DESIGN REVIEW COMMENTS • 8:00 p.m. Adam Collier June 15, 2010 CONDITIONAL USE PERMIT DRC2010-00068 - CLEAR WIRELESS, LLC - A request to replace an existing 67-foot tall monopole with a 65-foot tall monopine wireless communications facility for the purpose of collocation in the Medium Residential District located at 6627 Amethyst Avenue (Fire Station #171) - APN: 0202-101-11. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15332, In-Fill Development Project. Design Parameters: The applicant is proposing to replace an existing 67-foot tall monopole with a 65-foot tall monopine wireless communications facility for the purposes of collocation at the Amethyst Fire Station #171, located north of 19th Street and south of the SR-210 Freeway along the east side of Amethyst Avenue. The proposed monopine and equipment enclosure will be located along the south side of the existing fire station building, adjacent to the existing monopole that will be removed upon construction of the monopine. The monopine measures 65 feet tall from the base of pole, to the top of the monopine structure. The branches of the monopine will extend an additional 5 feet beyond the top of the monopine structure and will continue down the tree to approximately 12 feet from the base of the pole. The proposed Sprint panels will be located at 63 feet high, and the relocated T-Mobile panels will be located at 52 feet high on the monopole. The existing chain link equipment enclosure will be extended to include the new • monopine and additional equipment cabinets. The chain link enclosure will be removed around the existing monopole that is to be removed upon construction of the new monopine. Staff Comments: The following comments are intended to provide an outline for the Committee discussion regarding this project. Major Issues: The applicant worked diligently with staff. There are no major issues regarding this project at this time. Minor Issues: The applicant worked diligently with staff. There are no minor-issues regarding this project at this time. Staff recommendation: Staff recommends that the Design Review Committee recommend approval of this application to the Planning Commission. Design Review Committee Action: The Committee recommended approval of the project as presented. Members Present: Munoz, Wimberly, Granger Staff Planner: Adam Collier • C-6 RESOLUTION NO. 10-35 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00068 - A REQUEST TO REPLACE AN EXISTING 67-FOOT TALL MONOPOLE WITH A 65-FOOT TALL MONOPINE WIRELESS COMMUNICATIONS FACILITY FOR THE PURPOSE OF COLLOCATION IN THE MEDIUM RESIDENTIAL DISTRICT, LOCATED AT 6627 AMETHYST AVENUE (FIRE STATION NO. 171); AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0202-101-11. A. Recitals. 1, Clear Wireless, LLC. filed an application for the issuance of Conditional Use Permit DRC2010-00068, 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 25th day of August 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 August 25, 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 6627 Amethyst Avenue, with a total street frontage of approximately 195 feet on Amethyst Avenue, which is presently improved with a City Fire Station; and b. The property to the north of the subject site is zoned Medium Residential(8-14 dwelling units per acre) and is developed with multi-family dwelling units; the property to the south is zoned Office Professional and is developed with a U.S. Post Office; the property to the east is zoned Medium Residential (8-14 dwelling units per acre)and is developed with multi-family dwelling units; and the property to the west is zoned Medium Residential (8-14 dwelling units per acre) and is developed with multi-family dwelling units; and c. The application proposes the replacement of a 67-foot monopole with a 65-foot monopine for the purposes of collocation, consisting of 3 antenna panels and 3 parabolic antenna with artificial branches to resemble a pine tree, and rubberized faux bark material made to imitate a tree trunk, thereby providing a stealth design that blends with the built environment, which meets the goals and objectives of the Development Code. Clearwire will mount their equipment with Sprint's equipment at approximately 63 feet above grade. The remaining wireless carrier, T-Mobile, will be mounted at approximately 52 feet above • grade; and C-7 PLANNING COMMISSION RESOLUTION NO. 10-35 CONDITIONAL USE PERMIT DRC2010-00068 - CLEAR WIRELESS, LLC. August 25, 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. 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 as a Class 32 exemption under State CEQA Guidelines Section 15332 (In-fill development .projects) because the proposed project is consistent with both the General Plan and Zoning Regulations, is within the City limits with a project site of less than 5 acres, contains no value for habitat for endangered species,will not result in any significant effects relating to noise, traffic, air quality or water quality, and can be serviced by all required utilities and public services. 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 following: Replacement of an existing 67-foot monopole wireless communications facility with a 65-foot monopine wireless communications facility as well as installation of three RF panel antennas and three parabolic antennas in addition to the previously approved equipment for the existing two carriers, located at 6627 Amethyst Avenue. 2) The wireless communications facility shall be embellished to the satisfaction of the Planning Director to reasonably imitate a pine tree. This includes, but is not limited to, the quantity and style of branches and the material used to imitate the trunk of the pine. 3) The color of all appurtenant supporting brackets and attachments shall be painted to match the branches of the monopine. 4). The. wireless communications facility and the equipment shelter shall be constructed in accordance with the approved plans on file with the Planning Department. 5) Any expansion, modification, or alternation to the wireless communications facility shall require review and approval by the Planning Department. 6) All equipment necessary for the operation of the wireless communications facility. • shall be contained inside the equipment enclosure. • C-8 PLANNING COMMISSION RESOLUTION NO. 10-35 CONDITIONAL USE PERMIT DRC2010-00068 - CLEAR WIRELESS, LLC. August 25, 2010 Page 3 • 7) Signs are not permitted on the monopine or the equipment shelter, except signage required for emergency notification purposes and those required by regulatory agencies. 8) The antenna and the equipment shelter shall be maintained in good condition at • all times. Damaged and/or weathered equipment, including appurtenant equipment, shall be repaired promptly. 9) No wireless communication facility shall interfere with the public safety radio communications system, including, but not limited to, the 800 MHz trunking system. If it is determined that the operation of the telecommunications facility causes interference with the radio communications of the City's public safety operation in violation of FCC Rules and Regulations, the applicant shall work diligently in accordance with the Best Practices Guidelines of the FCC to eliminate any interference. 10) Except for necessary emergency maintenance, maintenance of the wireless communications facility and all appurtenant equipment on any day, except Sundays, shall occur only between the hours of 8:00 a.m. and 8 p.m. On Sundays, maintenance shall occur only between the hours of 9:00 a.m. and 8:00 p.m. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: C-9 e4. COMMUNITY DEVELOPMENT AXE, 4 IV it DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00068 • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: CLEAR WIRELESS LLC. LOCATION: 6627 AMETHYST AVENUE (FIRE STATION NO. 171) ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements Completion Date iij 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. 10-35, 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 • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Sff Rpt\DRC2010-00068 StdCond 8-25.doc C-10 Project No.DRC2010-00068 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, 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. 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. 4. 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. 5. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be /_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. D. Shopping Centers • 1. Graffiti shall be removed within 72 hours. / / 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) E. General Requirements 1. Submit five complete sets of plans including the following: _/_/_ a. Site/Plot Plan; b. Foundation Plan; • c. Floor Plan; • d. 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; e. Planning Department Project Number (i.e., DRC2010-00068) clearly identified on the outside of all plans. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00068 StdCond 8-25.doc C-11 Project No.DRC2010-00068 Completion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. • 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/_/_ the City prior to permit issuance. 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / /_ Building and Safety Department. F. Site Development 1. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday /_/_ through Saturday, with no construction on Sunday or holidays. G. New Structures 1. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/ • • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00068 StdCond 8-25.doc C-12 STAFF REPORT .;_tr • PUNNING DEPARTMENT RANCHO Date: August 25, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner Subject: NON-CONSTRUCTION CONDITIONAL USE PERMT DRC2010-00420 — LUCE FORWARD ON BEHALF OF WALGREENS - A request for beer and wine sales for off-site consumption at an existing Walgreens store located in the Neighborhood Commercial District, located at 6701 Carnelian Street; APN: 0202-541-60. This project is categorically exempt from the requirement 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 - Multi-tenant Commercial Center/Neighborhood Commercial • South - Multi-tenant Commercial Center/Neighborhood Commercial East - Multi-tenant Commercial Center/Neighborhood Commercial West - Multi-tenant Commercial Center/Neighborhood Commercial B. General Plan Designations: Project Site - Neighborhood Commercial North - Neighborhood Commercial South - Neighborhood Commercial East - Neighborhood Commercial West - Neighborhood Commercial C. Site Characteristics: The proposed site is located at the southeast corner of 19th Street and Carnelian Street. The site is currently improved with an existing 16,288 square foot Walgreens store with a drive-thru window for prescription pick-up. There are no other buildings on the parcel and all parking is for Walgreens customers. ANALYSIS: A. General: The applicant is requesting to sell beer and wine in addition to their existing product lines, prescriptions and photo sales. Walgreens is a national chain and has extensive experience selling beer and wine in other locations in California and other states, as permitted by local laws. Walgreens is requesting dedicating up to 5 percent of their existing square footage to the sale and storage of beer and wine (814 square feet). Walgreens is proposing a beer and wine sales area of 46 square feet by converting an existing cold case and a portion of a general sales aisle dedicated to other products to beer and wine sales. In addition, the retailer is proposing 16 square feet of • stocking area for beer and wine products. This represents a total of 0.3 percent of their total Item D PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2010-00420 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 2010 • Page 2 square footage. Walgreens operation is currently approved under an existing Conditional Use Permit (CUP99-10; Resolution 99-67). The addition of beer and wine sales constitutes an intensification of the operations approved under Resolution 99-67; therefore, review and approval is required by the Planning Commission. CUP99-10 approved the construction and operation of a pharmacy with a drive-thru window. There is no request to expand hours of operation or any other operational characteristics of the business approved under the CUP99-10; the intent of the proposed application is to provide an additional convenience item for Walgreens customers. The CUP currently under consideration would run concurrently and treated independently of CUP99-10. Should it ever be necessary in the future to initiate revocation proceedings for violating conditions related to the proposed CUP, it would not affect CUP99-10. Conversely, any revocation proceeding relating to CUP99-10 would not affect the proposed CUP, should it be approved. B. ABC Regulations: Walgreens is requesting a Type 20 License (Off-Sale Beer and Wine) from the California Department of Alcoholic Beverage Control (ABC). This license will allow for the sale of beer and wine only for off-site consumption. ABC regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to the population within a given census tract, and regulated by Section 23958 of the California Business and Professional Code. The census tract in which Walgreens resides, 20.04, is allowed 6 Off-Sale licenses. Exhibit B shows that there are currently 7 licenses within the given census tract. In cases where a census tract exceeds the limit, a finding of Public Convenience or Necessity is required by the local agency which, in the City of Rancho • Cucamonga, is the City Council. Therefore, if the proposed CUP is approved for beer and wine sales, a Condition of Approval is included in the Draft Resolution stating that "approval is contingent upon a finding of Public Convenience and Necessity (PCN) by the Rancho Cucamonga City Council." C. Parking: There is no addition of square footage on the site for this use. The site contains 43 on-site parking stalls and 17 off-site stalls as originally approved in CUP99-10 and Variance 99-02 (Resolution 99-67). The proposed use does not require any additional space. 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), which covers the permitting of existing structures that involve negligible or no expansion of use. The project entails reconfiguring existing interior space to stock and sell a new type of item with no expansion or changes to the existing building. 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 DRC2010-00420 through adoption of the attached Resolution of Approval with conditions. • D-2 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2010-00420 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 2010 • Page 3 Respectfully submitted, /Thr c /Z. SA4'141 Jame R. Troyer, AICP Planning Director JRT:JN/ds Attachments: Exhibit A - Floor Plan Exhibit B - ABC Query Results — Off Site Licenses Draft Resolution of Approval for Conditional Use Permit DRC2010-00420 • • D-3 RESOLUTION NO. 10-36 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2010-00420, A REQUEST FOR BEER AND WINE SALES FOR OFF-SITE CONSUMPTION AT AN EXISTING WALGREENS STORE LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6701 CARNELIAN STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0202-541-60. A. Recitals. 1. Luce Forward, representing Walgreens store, filed an application for the issuance of Conditional Use Permit DRC2010-00420, 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 25th day of August 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 August 25, 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 6701 Camelian Street, with atotal street frontage of approximately 197 feet on Camelian Street and 232 feet on 19th Street, which is presently improved with a commercial drug store with drive thru; and b. The property to the north of the subject site is zoned Neighborhood Commercial and is developed with a multi-tenant commercial center; the property to the south is zoned Neighborhood Commercial and is developed with a multi-tenant commercial center; the property to the east is zoned Neighborhood Commercial and is developed with a multi-tenant commercial center; and the property to the west is zoned Neighborhood Commercial and is developed with a multi-tenant commercial center; and c. The site is currently approved for the operation of a pharmacy with a drive-thru window under CUP99-10 (Resolution 99-67); and d. The application proposes to sell beer and wine in addition to their existing product lines, prescriptions and photo sales by obtaining a Type 20 license from the California Department of Alcoholic Beverage Control; and e. The applicant is proposing a maximum sales and storage area of 814 square feet for beer and wine sales for off-site consumption, which is approximately 5 percent of the total gross floor area. Walgreens will initially have a total of 62 square feet for sales and storage of beer and wine, which represents • 0.3 percent of the total gross floor area. The addition of beer and wine for off-site consumption will constitute a convenience item in addition to Walgreens retail sales of drug store products. D Z. PLANNING COMMISSION RESOLUTION NO. 10-36 CONDITIONAL USE PERMIT DRC2010-00420 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 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. 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 as a Class 32 exemption under State CEQA Guidelines Section 15301 (existing facilities), which covers the permitting of existing structures that involve negligible or no expansion of use. The project entails reconfiguring existing interior space to stock and sell a new type of item with no expansion or changes to the existing building. 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 for Conditional Use Permit DRC2010-00420 for the following: The addition of beer and wine sales for off-site consumption under a Type 20 ABC License at an existing Walgreens store located in the Neighborhood Commercial District, located at 6701 Carnelian Street. The site is currently approved for the • operation of a pharmacy with a drive-thru window under CUP99-10(Resolution 99-67). 2) Approval is contingent upon a finding of Public Convenience and Necessity (PCN) by the Rancho Cucamonga City Council. 3) The site shall not have more than 5 percent of the total gross floor area (814 square feet) dedicated to the sale and storage of beer and wine. 4) Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit DRC2010-00420 and the Conditions of . Approval shall require review and approval by the Planning Commission. Revisions to the hours of operation, a request to operate an ABC license other than a Type 20, or a change in operation of the activities/operations as stated in this Resolution of Approval and Conditions of Approval are subject to the review and approval of the Planning Commission. 5) The drugstore operator shall adhere to all operations regulations for a Type 20 • License as prescribed by the California Department of Alcoholic Beverage Control. Failure to abide by all applicable ABC Regulations or all Conditions of Approval shall result in Conditional Use Permit DRC2010-00420 being brought D-8 • PLANNING COMMISSION RESOLUTION NO. 10-36 CONDITIONAL USE PERMIT DRC2010-00420 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 2010 Page 3 • before the Planning Commission for review. Review by the Planning Commission for non-compliance with ABC Regulations or Conditions of Approval may result in evidentiary hearing(s), modification(s)to Conditional Use Permit DRC2010-00420 and possible termination of use. 6) Alcoholic beverages shall not be sold through the drive-thru window. 7) If the approved operation of the business creates law enforcement and/or fire safety problems, such as, but not limited to, loitering and disturbances, noise, overcrowding, intoxication at the premises, blocked fire exits, etc., the • Conditional Use Permit shall be brought before the Planning Commission for consideration of modification and/or revocation. 8) Approval of this request shall not waive compliance with any sections of the requirements of the Uniform Building Code, City Ordinances, San Bernardino County Health Department, and/or California State Department of Alcoholic Beverage Control. 9) This facility shall be operated in conformance with the performance standards as identified in the Development Code. If operation of the facility causes adverse effects upon adjacent businesses, residential land uses or operations, this Conditional Use Permit shall be brought before the Planning Commission for • consideration and possible termination of the use. • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: D-9 COMMUNITY DEVELOPMENT r,.44- DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00420 SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION) APPLICANT: LUCE FORWARD (ON BEHALF OF WALGREENS) LOCATION: 6701 CARNELIAN STREET ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements Completion Date 1. 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. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X B. Time Limits 1. 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. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010.00420 StdCond 8-25.doc D-10 Project No. DRC2010-00420 Completion Date . C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include / /IP 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. 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. Windows • 1. Storefront windows shall be visible to passing pedestrians and traffic. 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00420 StdCond 8-25.doc D-11 PLANNING COMMISSION RESOLUTION NO. 10-36 CONDITIONAL USE PERMIT DRC2010-00420 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 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. 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 as a Class 32 exemption under State CEQA Guidelines Section 15301 (existing facilities), which covers the permitting of existing structures that involve negligible or no expansion of use. The project entails reconfiguring existing interior space to stock and sell a new type of item with no expansion or changes to the existing building. 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 for Conditional Use Permit DRC2010-00420 for the following: The addition of beer and wine sales for off-site consumption under a Type 20 ABC License at an existing Walgreens store located in the Neighborhood Commercial District, located at 6701 Carnelian Street. The site is currently approved for the operation of a pharmacy with a drive-thru window under CUP99-10 (Resolution 99-67). 3) The site shall not have more than 5 percent of the total gross floor area (814 square feet) dedicated to the sale and storage of beer and wine. 4) Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit DRC2010-00420 and the Conditions of Approval shall require review and approval by the.Planning Commission. Revisions to the hours of operation, a request to operate an ABC license other than a Type 20, or a*change in operation of the activities/operations as stated in this Resolution of Approval and Conditions of Approval are subject to the review and approval of the Planning Commission. 5) The drugstore operator shall adhere to all operations regulations for a Type 20 License as prescribed by the California Department of Alcoholic Beverage Control. Failure to abide by all applicable ABC-Regulations or all Conditions of Approval shall result in Conditional Use Permit DRC2010-00420 being brought California ABC - License Query System - Data Portal Page 1 of 2 FOR California Department of Alcoholic Beverage Control g .; For the County of SAN BERNARDINO - (Off-Sale 'gw Licenses) s°eEP�� ti and Census Tract= 20.04 Report as of 8/25/2010 License License Orig. Iss. Ex it Primary Owner g' Expir and Premises Business Name Mailing Geo Number Type Date Date Addr. Address Code 112864 ACTIVE 21 11/10/1981 4/30/2011 STATER BROS STATER BROS PO BOX 150 3615 MARKETS MARKETS 53 SAN 8770 BASELINE BERNARDINO,' RD CA 92402- RANCHO 0150 CUCAMONGA, CA 91701 • Census Tract: 0020.04 2) 324578 ACTIVE 20 12/11/1996 11/30/2010 RESHAW, DANS MOBIL 3615 DANIEL D 9315 BASELINE RD RANCHO CUCAMONGA, CA 91730 Census Tract: 0020.04 3) 410245 ACTIVE 21 5/10/2004 4/30/2011 R & H HELLMAN 13615 CORPORATION LIQUOR 9255 BASELINE RD, STE R RANCHO CUCAMONGA, CA 91730 • Census Tract: 0020.04 4) 458.997 ACTIVE 21 2/4/2008 1/31/2011 R C HANNAM 21080 3615 CHAIN INC GOLDEN 6753 CARNELIAN SPRINGS DR ST DIAMOND RANCHO BAR, CA CUCAMONGA, 91789-3894 CA 91701-4556 Census Tract: 0020.04 b) 663.50 CTIVE 20 12/28/2009 11/30/2010 FRESH & EASY FRESH & EASY 120 PARK 3615 NEIGHBORHOOD NEIGHBORHOOD PL, STE 200 MARKET INC MARKET ELSEGUNDO, 8956 FOOTHILL CA 90245- BLVD 741 RANCHO EXHIBIT B y hnp://www.abc.ca.gov/datport/AHCountyRep.asp 8/25/2010 - California ABC - License Query System - Data Portal Page 2 of 2 CUCAMONGA, CA 91730-3400 Census Tract: 0020.04 6)473162 ACTIVE 20 .4/13/2009 6/30/2011 PNS STORES BIG LOTS 4322 300 PHILLIPI 3615 INC RD, TAX 9008 FOOTHILL DEPARTMENT BLVD COLUMBUS, RANCHO OH 43228- CUCAMONGA, 1385 CA 91730-3450 Census Tract: 0020.04 ---EndofReport--- For a definition of codes, view our glossary. • http://www.abc.ca.goy/datport/AHCountyRep.asp 8/25/2010 California ABC - License Query System - Data Portal Page 1 oft roo California Department of Alcoholic Beverage P e �k Control •_ a ' For the County of SAN BERNARDINO - (Off-Sale g r' yg Licenses) and Census Tract = 20.04 Report as of 8/25/2010 License License Orig. Iss. Exit Primary Owner Status 9' P and Premises Business Name Mailing Geo Number Type Date Date Addr. Address Code Ti 112864 ACTIVE 21 11/10/1981 4/30/2011 STATER BROS STATER BROS PO BOX 150 3615 MARKETS MARKETS 53 SAN 8770 BASELINE BERNARDINO, RD CA 92402- RANCHO 0150 CUCAMONGA, CA 91701 Census Tract: 0020.04 2) 324578 ACTIVE 20 12/11/1996 11/30/2010 RESHAW, DANS MOBIL 3615 DANIEL D 9315 BASELINE RD RANCHO • CUCAMONGA, CA 91730 Census Tract: • 0020.04 3) 410245 ACTIVE 21 5/10/2004 4/30/2011 R& H HELLMAN 3615 CORPORATION LIQUOR 9255 BASELINE RD, STE R RANCHO CUCAMONGA, CA 91730 Census Tract: 0020.04 4) 458997 ACTIVE 21 2/4/2008 1/31/2011 R C HANNAM 21080 3615 CHAIN INC GOLDEN 6753 CARNELIAN SPRINGS DR ST DIAMOND RANCHO BAR, CA CUCAMONGA, 91789-3894 CA 91701-4556 Census Tract: 0020.04 5) 663.50 CTIVE 20 12/28/2009 11/30/2010 FRESH & EASY FRESH & EASY 120 PARK 3615 NEIGHBORHOOD NEIGHBORHOOD PL, STE 200 MARKET INC MARKET EL SEGUNDO, 956 FOOTHILL CA 90245- BLVD 741 RANCHO EXHIBIT B http://www.abc.ca.gov/datport/AHCountyRep.asp 8/25/2010 California ABC - License Query System - Data Portal Page 2 of 2 CUCAMONGA, CA 91730-3400 Census Tract: 0020.04 6) 473162 ACTIVE 20 4/13/2009 6/30/2011 PNS STORES BIG LOTS 4322 300 PHILLIPI 3615 INC RD, TAX 9008 FOOTHILL DEPARTMENT BLVD COLUMBUS, RANCHO OH 43228- CUCAMONGA, 1385 CA 91730-3450 Census Tract: 0020.04 ---Endo/Report--- For a definition of codes,view our glossary, • http://www.abc.ca.gov/datport/AHCountyRep.asp 8/25/2010 STAFF REPORT ,; • PLANNING DEPARTMENT L ;' J L�-gfb RANCHO Date: August 25, 2010 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Jennifer Nakamura, Associate Planner Subject: NON-CONSTRUCTION CONDITIONAL USE PERMT DRC2010-00421 - LUCE FORWARD ON BEHALF OF WALGREENS - A request for beer and wine sales for off-site consumption at an existing Walgreens store located in the Office Professional District, located at 6400 Haven Avenue - APN: 0201-262-37. This project is categorically exempt from the requirement of the Califomia 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 - Multi-tenant Commercial Center/Neighborhood Commercial South - Multi-tenant Commercial Center/Office Professional • East - Multi-tenant Commercial Center/Neighborhood Commercial West - Condominiums/Low-Medium Residential (4-8 dwelling units per acre) B. General Plan Designations: Project Site - Office Professional North - Neighborhood Commercial South - Office Professional East - Neighborhood Commercial West - Low-Medium Residential (4-8 dwelling units per acre) C. Site Characteristics: The proposed site is located at the northwest corner of Haven Avenue and Alta Loma Drive. The site is currently improved with an existing 13,871 square foot Walgreens store with a drive-thru window for prescription pick-up. There are no other buildings on the parcel and all parking is for Walgreens customers. ANALYSIS: A. General: The applicant is requesting to sell beer and wine in addition to their existing product lines, prescriptions and photo sales. Walgreens is a national chain and has extensive experience selling beer and wine in other locations in California and other states, as permitted by local laws. Walgreens is requesting the dedication of up to 5 percent of their existing square footage to the sale and storage of beer and wine (694 square feet). They are currently proposing a beer and wine sales area of 46 square feet, by converting an existing cold case and a portion of a general sales aisle dedicated to other products to beer and wine sales. In addition, they are proposing 16 square • feet of stocking area for beer and wine products. This represents a total of 0.4 percent of their total square footage. Walgreens operation is currently approved under an existing Conditional Use Permit (CUP99-49, Resolution 00-74). The addition of beer and wine sales constitutes an intensification of the operations approved under resolution 00-74, therefore, review and approval is required by the Planning Commission. CUP99-49 approved the construction and operation of a Item E PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2010-00421 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 2010 Page 2 • pharmacy with a drive-thru window. There is no request to expand hours of operation or any other operational characteristics of the business approved under the CUP99-49; the intent of the proposed application is to provide an additional convenience item for Walgreens customers. The CUP currently under consideration would run concurrently and be treated independently of CUP99-49. Should it every be necessary in the future to initiate revocation proceedings for violating conditions related to the proposed CUP, it would not affect CUP99-49. Conversely, any revocation proceeding relating to CUP99-49 would not affect the proposed CUP, should it be approved. B. ABC Regulations: Walgreens is requesting a Type 20 License (Off-Sale Beer and Wine) from the California Department of Alcoholic Beverage Control (ABC). This license will allow for the sale of beer and wine only for off-site consumption. ABC regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to the population within a given census tract and regulated by Section 23958 of the California Business and Professional Code. The census tract in which Walgreens resides, 20.09, is allowed 10 Off-Sale licenses. Exhibit B shows that there are currently 3 licenses within the given census tract. C. Parking: There is no addition of square footage on the site for this use. The site contains 58 parking stalls and the addition of retail beer and wine sales does not trigger a requirement for any additional parking stalls. 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 under as a Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities), which covers the permitting of existing structures that involve negligible or no expansion of use. The project entails reconfiguring existing interior space to stock and sell a new type of item with no expansion or changes to the existing building. 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 DRC2010-00421 through adoption of the attached Resolution of Approval with conditions. Respectfully submitted 7 gym/ James R. Troyer, AICP Planning Director JRT:JN/ds Attachments: Exhibit A - Site Plan/Aerial Photo • Exhibit B - ABC Query Results— Off-Site Licenses Exhibit C - Floor Plan Draft Resolution of Approval for Conditional Use Permit DRC2010-00421 E-2 Page 1 of 1 . . . .. T, .. Print - Maps - to 4,, -'.4 , , t, .,... , . ., 1 ..,., . . - . , • . 3 • . CA 91737- h..an Antonio .1 . . .., Bing Maps Heights . . , ! ..:..-....... ,, ,.. . -.r;'2.. '..',:7' 0 3823 6400 Haven Ave, Rancho Cucamonga, nUCAMaNGA • ..-.., ..-. .,.• -:.-,,,E._r,,hi,,,4,i .. gy OF RANCH° - ,....,,,- .227,,,..,..:..;.,::-.,.0::A !I''4/$1 My Ne- - :,,;,..:, i,,,,..2- --:: „ ,,._; ,-._....,T., , .?';'..f.y..h.' ..,7:t.f. , . II 4.4.). ''• j..):I I SI; 0 9 2010 .:!....,:.{...,.-...nk,'.::' ..21-..' Thal.Rancho. r. 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U A U N O m r r) N V a LL o N d Co. ,— r r = 0 L) —H N N N 'O 0 L„ ✓ J Q) N> cu ✓ ,0 U co 0 o u U \,,,,: Cl)�1� ) :2�'�C ❑ 0 U p U Q• ;0 ti ..\ - ttil„ < < . 6 f .� m . c E in N. of c L. J T \G N VI ICI .. �, ,'9lCOHC sE.l U = iH V'') '0 j EXHIBIT - B J Z �' -h-41 - o °' W • RESOLUTION NO. 10-37 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00421, A REQUEST FOR BEER AND WINE SALES FOR OFF-SITE CONSUMPTION AT AN EXISTING 13,871 SQUARE FOOT WALGREENS STORE LOCATED IN THE OFFICE PROFESSIONAL DISTRICT, LOCATED AT 6400 HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0201-262-37. A. Recitals. 1. Luce Forward, representing Walgreens, filed an application for the issuance of Conditional Use Permit DRC2010-00421,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 25th day of August 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 August 25, 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 6400 Haven Avenue, with a total street frontage of approximately 327 feet on Haven Avenue and 219 feet on Alta Loma Drive, which is presently improved with a commercial drug store with drive-thru; and b. The property to the north of the subject site is zoned Neighborhood Commercial and is developed with a multi-tenant commercial center;the property to the south is zoned Office Professional and is developed with a multi-tenant commercial center;the property to the east is zoned Neighborhood Commercial and is developed with a multi-tenant commercial center; and the property to the west is zoned Low-Medium Residential (4-8 dwelling units per acre) and is developed with condominiums; and c. The site is currently approved for the operation of a pharmacy with a drive-thru window under CUP99-49 (Resolution 00-74); and d. The application proposes to sell beer and wine in addition to their existing product lines, prescriptions and photo sales by obtaining a Type 20 license from the California Department of Alcoholic Beverage Control; and e. The applicant is proposing a maximum sales and storage area of 694 square feet for beer and wine sales for off-site consumption, which is approximately 5 percent of the total gross floor area. Walgreens will initially have a total of 62 square feet for sales and storage of beer and wine,which represents 0.4 percent of the total gross floor area. The addition of beer and wine for off-site consumption will constitute a convenience item in addition to Walgreens retail sales of drug store products. _ . E-6 • --- • • PLANNING COMMISSION RESOLUTION NO. 10-37 CONDITIONAL USE PERMIT DRC2010-00421 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 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; 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 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 as a Class 32 exemption under State CEQA Guidelines Section 15301 (existing facilities), which covers the permitting of existing structures that involve negligible or no expansion of use. The project entails reconfiguring existing interior space to stock and sell a new type of item with no expansion or changes to the existing building. 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 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 for the following: The operation of an existing drugstore with a drive-thru including sales of beer and wine in conjunction with a Type 20 ABC License, located at 6400 Haven Avenue. 2) The site shall not have more than 5 percent of the total gross floor area (694 square feet) dedicated to the sale and storage of beer and wine. 3) Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit DRC2010-00421 and the Conditions of Approval shall require review and approval by the Planning Commission. Revisions to the hours of operation, a request to operate an ABC license other than a Type 20, and/or a change in operation of the activities/operations as stated in this Resolution of Approval and Conditions of Approval are subject to the review and approval of the Planning Commission. 4) The drugstore operator shall adhere to all operations regulations for a Type 20- License as prescribed by the California Department of Alcoholic Beverage Control. Failure to abide by all applicable ABC regulations or all Conditions of Approval shall result in Conditional Use Permit DRC2010-00421 being brought before the Planning Commission for review. Review by the Planning Commission for non-compliance with ABC regulations or Conditions of Approval • may result in evidentiary hearing(s), modification(s) to Conditional Use Permit DRC2010-00421 and possible termination of use. E-7 • PLANNING COMMISSION RESOLUTION NO. 10-37 ' CONDITIONAL USE PERMIT DRC2010-00421 — LUCE FORWARD ON BEHALF OF WALGREENS August 25, 2010 Page 3 • 5) Alcoholic beverages shall not be sold through the drive-thru window. 6) If the approved operation of the business creates law enforcement and/or fire safety problems, such as, but not limited to, loitering and disturbances, noise, overcrowding, intoxication at the premises, blocked fire exits, etc., the Conditional Use Permit shall be brought before the Planning Commission for consideration of modification and/or revocation. 7) Approval of this request shall not waive compliance with any sections of the requirements of the Uniform Building Code, City Ordinances, San Bernardino County Health Department, and/or California State Department of Alcoholic Beverage Control. 8) This facility shall be operated in conformance with the performance standards as identified in the Development Code. If operation of the facility causes adverse effects upon adjacent businesses, residential land uses or operations, this Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • _ E-8 COMMUNITY DEVELOPMENT .41 DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2010-00421 SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION) APPLICANT: LUCE FORWARD (ON BEHALF OF WALGREENS) LOCATION: 6400 HAVEN AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/ / project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X B. Time Limits 1. 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. • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00421 StdCond 8-25.doc E-9 Project No.DRC2010-00421 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. 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. Windows • 1. Storefront windows shall be visible to passing pedestrians and traffic. / / 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00421 StdCond 8-25.doc E-10 STAFF REPORT i' � • PL-\NNING DEPARTMENT DATE: August 25, 2010 1 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Tabe van der Zwaag, Associate Planner SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT - DRC2010-00490 — RAUL ZENDEJAS - A request to sell distilled spirits at a 2,800 square foot Mexican restaurant located in the Community Commercial District (CC) of the Foothill Boulevard Specific Plan (Subarea 2), located at 9030 Foothill Boulevard Suite 102 — APN: 0208-101-19. The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 1 (CEQA Guidelines Section 15301) exemption, which covers the permitting of existing structures that involve little or no expansion of use beyond that existing at the time of the lead agency's determination. SITE DESCRIPTION: A. Surrounding Land Use and Zoning: Site - Community Commercial (CC) — Foothill Boulevard District (Subarea 2) - Retail Shopping Center North - Low (L) Residential - Single-Family Residences • South - Medium-High Residential (MH) (Across Foothill Boulevard) — Multi-Family Residences West - Specialty Commercial (SC) - Foothill Boulevard District (Subarea 2) - Retail Shopping Center East - Community Commercial (CC) - Foothill Boulevard District (Subarea 2) - Retail Shopping Center B. General Plan Designations: Project Site — General Commercial (GC) North - Low Residential (L) (2 to 4 dwelling units per Acre) South - Medium-High Residential (MH) — (14 to 24 dwelling units per acre) East - General Commercial (GC) West - General Commercial (GC) C. Site Characteristics: Zendejas Mexican restaurant is within the Orchard Plaza commercial center. The center is on the north side of Foothill Boulevard, east Vineyard Avenue and west of Lyon Street. The restaurant occupies a 2,800 square foot in-line tenant space and is located in the center between the tenants Big Lots and Orchard Supply Hardware. The shopping center consists of 28 tenants, which include sit-down and fast food restaurants, retail stores, and office uses. The center also includes the Rancho Cucamonga Family Sports Center, a City operated recreation facility. A complete list of the tenants within the center is shown on Exhibit C. ANALYSIS: A. Entitlement Request: Development Code Section 17.32.30.030 permits the sale of distilled • spirits in the Community Commercial (CC) District subject to a Conditional Use Permit and Planning Director approval. The purpose of a Conditional Use Permit is to create the flexibility necessary to achieve the objectives of the Development Code and the General Plan and to Item F PLANNING COMMISSION STAFF REPORT DRC2010-00490 —ZENDEJAS RESTAURANT August 25, 2010 Page 2 ensure that the proposed use is compatible with the neighboring uses. If necessary, conditions • may be required to provide adequate mitigation of any potentially adverse impacts. B. Regulations for the Sale of Alcoholic Beverages: The State of California regulates the sale of alcoholic beverages. All applicants who wish to sell alcoholic beverages to the public must obtain an alcohol sales license from the Department of Alcoholic Beverage Control (ABC). The applicant has a pending application with ABC for a Type 47 License at this location. A Type 47 License permits restaurants to sell beer, wine, and distilled spirits for on-site consumption. C. Use Description: The applicant proposes the sale and on-site consumption of alcoholic beverages at a Mexican restaurant that is in the process of opening. The restaurant will serve lunch and dinner-seven days a week, as well as breakfast on the weekends. They will employ approximately 8 employees on the largest shift. The bar area will be located at the rear of the restaurant and will be open to the rest of the restaurant. The applicant does not propose offering any entertainment or dancing. D. Hours of Operation: The hours of operation will be Monday through Thursday from 11:00 a.m. to 9:00 p.m.; Friday from 11:00 a.m. to 11:00 p.m.; Saturday from 8:00 a.m. to 11:00 p.m.; and Sunday from 8:00 a.m. to 9:00 p.m. E. Land Use Compatibility: The premise of all Conditional Use Permits is to ensure the compatibility of adjacent uses and the separation of potential nuisance activities. The Orchard Plaza center has a mix of retail, office, and both sit-down and fast food restaurants. • Additionally, the Rancho Cucamonga Family Sports Center is located on the north side of the center, with its front entrance facing the north parking lot, which is physically separated from the front entrances and parking used by the other tenants in the center (Exhibit A). This physical separation results in very little interaction between the clientele of the other businesses in the center and the residents using the sports center. Staff does not foresee any potential conflicts with the other uses in the center as long as Zendejas is operated as a family restaurant in which the bar is only open when the restaurant is open and no entertainment is provided. F. 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, which covers the permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project entails permitting the sale of distilled spirits at a restaurant with no expansion or changes to the existing building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment, in that the proposal does not propose modifying or expanding the existing structure. The Planning Director has reviewed the Planning Department's determination of exemption, and based on his own independent judgment, concurs in the staff's determination of exemption. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. Staff has not received any letters or phone calls opposing the proposed Conditional Use Permit. • F-2 • PLANNING COMMISSION STAFF REPORT DRC2010-00490 — ZENDEJAS RESTAURANT August 25, 2010 • Page 3 RECOMMENDATION: Staff recommends approval of Non-Construction Conditional Use Permit DRC2010-00490 through adoption of the attached Resolution with conditions. Respectfully submitted, g (dAtird James Troyer, AICP Planning Director JRT:TV/ge Attachments: Exhibit A - Site Plan of Orchard Plaza Exhibit B - Floor Plan • Exhibit C - Tenant List Exhibit D - Statement of Operation and Request for Conditional Use Permit Resolution of Approval for Non-Construction Conditional Use Permit DRC20'10-00490 • • • F-3 . . 1 . i = I � r . t b • ; ,I I 1 7. I ro o Q } L.g .I} i , ; 1 i . , . .(7------1 1 ,-- 1 I ' .1 1 1 . 1 1 ! = !% C3 Aft._ {` I _i _I ( ? ��1 I 1 1 Iit 1 i 1 i- 1 11f!! H — 1 Ii i 'r - _ t- i t T .:1. 1 • R F 1'i, I ' L 17-------IT-------1 • III I _.. _ - •Iq 1 i aOo � l iJ y .1 . -1 , • . t S T.6(. `. } 1_ f I I 3 3I . HO 1 �1 (( 1 i i ; T 1 T i T . I i� f' ! I ! 1 irr1' I..1 _ .. i 1] ii><' L- -:: . . I f \ J NW ii . . Floor Plan ::.__._.-s_- I La EXHIBIT B ,'e it.1 , i_: F-5 ' ORCHARD PLAZA Tenant Unit Unit Name Soft 10500 Rancho Cucamonga Redevelopment Agncy 35,907.00 • 8998-102 Hungry Howies Pizza &Subs 1,410.00 8998-103 VACANT 3,923.00 9000-102 Thai T, LLC 2,400.00 9000-104`Styler's Beauty Salon 1,500.00 9000-106 VACANT 900 9000-108 Orchard Cleaners 1,400.00 9000-110 Princess Nail &Jewelry 1,050.00 9000-112 Metro PCS 1,400.00 9000-114 Najjar&Haritakis DDS 1,400.00 9000-116 Curves 1,750.00 9008-101 Big Lots, Inc.#4322 18,831.00 9030-102 Zendejas Mexican Sports Grill 2,800.00 9030-104 VACANT 2,555.00 9030-106 United Retail Incorporated#737 5,005.00 9030-110 AVIS Rent a Car(Orchard Plaza) 1,050.00 9030-112 Pacific State Corporation 1,060.00 9040 Factory 2-U Stores, Inc.#653 14,488.00 9050 Wendy's International, Inc.#08981 3,261.00 9080 Orchard Supply Hardware LLC#780 52,348.00 9110-110 Incycle Inc. (NAP) . 5,470.00 9116-102 Orchard Plaza Therapy Clinic 3,300.00 9116-108 VACANT 825 9116-110 VACANT 825 • 9116-112 VACANT • 1,800.00 9116-114 H & R Block-FRE#3983 2,520.00 9116-118 Fantastic Sam's • 1,080.00 9120-000 Global Signal-Site#SBO3XC035 0 • • EXHIBIT C F-6 v 11\41k‘:I 41����� MEXICAN FOOD 9030 FOOTHILL BLVD #102 RANCHO CUCAMONGA, CA. 91730 (909) 261-6955 June 28, 2010 To Whom It May Concern: fY Zendejas Restaurant is requesting a CUP to obtain a type 47liquor license to serve I distilled spirits. We feel that serving hard liquor will help increase our revenue. Zendejas Restaurant is a casual dining establishment and does not intend on creating ` a rowdy bar atmosphere. We only hope to expand our beverage selection to our adult customers. Zendejas has 8 employees on our largest shift. We operate Saturday „ 8am. - 11pm., Sunday 8am. - 9pm., Monday through Thursday 1 1am. - 9pm. and ' Friday 11am. - 11pm. Our dining room seating capacito is 80. + Sincerely, x . Raul G. Zendejas k �+r /` * ''1A ^ Cat !v `J ' w C/Jn $Z re b : ,' EXHIBIT t r: F-7 RESOLUTION NO. 10-38 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00490, A REQUEST TO SELL DISTILLED SPIRITS AT A 2,800 SQUARE FOOT MEXICAN RESTAURANT IN THE COMMUNITY COMMERCIAL DISTRICT(CC)OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 2), LOCATED AT 9030 FOOTHILL BOULEVARD SUITE 102; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0208-101-19. A. Recitals. 1. Zendejas restaurant filed an application for Non-Construction Conditional Use Permit DRC2010-00490, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Non-Construction Conditional Use Permit request is referred to as "the application." 2. On August 25, 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 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 August 25, 2010, including written and oral staff reports, together with public testimony, the Commission hereby specifically finds as follows: a. The application applies to a 2,800 square foot free-standing restaurant on the north side of Foothill Boulevard, located at 9030 Foothill Boulevard, Suite 102; and b. The land use designation for the site is Community Commercial (CC). The parcels to the north of the site are designated as Low Residential(L)and are developed with single-family residences;the parcel to the south, and across Foothill Boulevard is designated Medium-High Residential (MH) and . developed with multi-family residences; the parcel to the east is designated Community Commercial (CC) and is developed with a retail center; and, the parcel to the west is designated Specialty Commercial and is developed with a retail center; and c. The applicant proposes the sale of alcoholic beverages for on-site consumption within an existing sit-down restaurant requiring a Type 47 Liquor License issued by the California State Department of Alcoholic Beverages Control (ABC); and d. The applicant proposes the sale and on-site consumption of alcoholic beverages at a Mexican restaurant. The restaurant serves lunch and dinner seven days a week, as well as breakfast on the weekends. They will employ approximately 8 employees on the largest shift. The bar area will be located at the rear of the restaurant and will be open to the rest of the restaurant. The applicant does not propose offering any entertainment or dancing; and • e. The hours of operation will be Monday through Thursday from 11:00 a.m.to 9:00 p.m.; Friday from 11:00 a.m. to 11:00 p.m.; Saturday from 8:00 a.m. to 11:00 p.m.; and Sunday from 8:00 a.m. to 9:00 p.m.; and F-8 PLANNING COMMISSION RESOLUTION NO. 10-38 • DRC2010-00490 —ZENDEJAS RESTAURANT August 25, 2010 • Page 2 • f. Staff does not anticipate that the sale of distilled spirits will have a detrimental effect on the surrounding property owners as long as the business is appropriately managed and is in conformance with the Department of Alcoholic Beverage Control regulations. 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. 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. d. The proposed sale of beer, wine, and distilled spirits with meals, in conjunction with the subject sit-down restaurant, will have no significant adverse environmental effects. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the • permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project entails permitting the sale of distilled spirits at a restaurant with no expansion or changes to the existing building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment, in that the proposal does not propose modifying or expanding the existing structure. The 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, the Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions incorporated herein by this reference: Planning Department: . 1) Approval is hereby granted for the sale and service of distilled spirits in conjunction with a full-service restaurant use located at 9030 Foothill Boulevard, Suite 102. The restaurant use shall be a "bona fide eating place" as defined in the California Business and Professions Code Section 23038. 2) Any modification or any intensification of the use beyond what is specifically approved by Conditional Use Permit DRC2010-00490 and the Conditions of Approval shall require review and approval by the Planning Director. Revisions to the hours of operation, request to operate an ABC license other than a Type 47, change in operation of the activities/operations as stated in this Resolution of Approval and Conditions of Approval are subject to the review and • approval of the Planning Director. F-9 PLANNING COMMISSION RESOLUTION NO. 10-38 DRC2010-00490 — ZENDEJAS RESTAURANT August 25, 2010 •Page 3 3) The 2,800 square foot restaurant shall not be enlarged or intensified without Planning Director review and approval. The restaurant shall operate and be maintained in accordance with the Floor Plan as shown in the Staff Report for DRC2010-00490, Exhibit B, and as attached to this Resolution and hereby referenced in the Conditions of Approval. 4) The sale and service of alcoholic beverages shall occur only when food items are served at the restaurant and shall cease when full listed menu items are not available to the customers. 5) The serving of alcoholic beverages shall be limited to Monday through Thursday from 11:00 a.m. to 9:00 p.m.; Friday from 11:00 a.m. to 11:00 p.m.; Saturday from 8:00 a.m. to 11:00 p.m.; and Sunday from 8:00 a.m. to 9:00 p.m. Changes to the closing hours of the restaurant shall not occur priori()review and approval of the Planning Director. 6) This permit does not allow live music or staged entertainment. Entertainment activities as defined by Rancho Cucamonga Municipal Code Chapter 5.12 shall require the applicant to obtain a separate Entertainment Permit approval from the Planning Commission. 7) Approval of this Conditional Use Permit shall be contingent upon the applicant's • ability to secure approval of a Type 47 Liquor License issued by the California Department of Alcoholic Beverage Control (ABC)for this location. 8) The restaurant shall adhere to all food service requirements and operations regulations for a Type 47 Liquor License as prescribed by the California Department of Alcoholic Beverage Control (ABC). Failure to abide by all applicable ABC regulations or all Conditions of Approval shall result in Conditional Use Permit DRC2010-00490 being brought before the Planning Director for review. 9) Approval of this request shall not waive compliance with any regulations as set forth in the Uniform Building Code and/or City Ordinances or by the San Bernardino County Health Department and/or California State Department of Alcoholic Beverages Control (ABC). 10) If the operation of the facility causes adverse effects upon the adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Director for consideration and possible termination of the use. 11) The facility shall operate in conformance with all applicable performance standards as defined in the Development Code including, but not limited to, noise levels. 12) Any signs proposed for the restaurant shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the complex and shall • require review and approval by the Planning Director prior to installation. F-10 PLANNING COMMISSION RESOLUTION NO. 10-38 DRC2010-00490 —ZENDEJAS RESTAURANT August 25, 2010 • Page 4 6. The Secretary to the Planning Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • F-11 { � COMMUNITY DEVELOPMENT s`�� i+ DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00490 SUBJECT: NON-CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: RAUL ZENDEJAS LOCATION: 9030 FOOTHILL BOULEVARD, SUITE 102 -APN: 0208-101-19. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • General Requirements Completion Date 1. 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. 10-38, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption -$50 X B. Time Limits 1. 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. • • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\DRC2010-00490StdCond 8-25.doc F-12 Project No. DRC2010-00490 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. 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. • 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\DRC2010-00490StdCond 8-25.doc F-13 • STAFF REPORT iii • PLANNING DEPARTMENT L RANCHO CUCAMONGA DATE: August 25, 2010 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Cathy Morris, Planning Specialist SUBJECT: TENTATIVE PARCEL MAP SUBTPM19247 - CITY OF RANCHO CUCAMONGA - A request to subdivide a parcel of approximately 4.14 acres of land currently developed with the Etiwanda Depot and associated equipment into two parcels of approximately 3.46 acres and approximately .54 acres of land located at 7089 Etiwanda Ave in the Low Residential district (2-4). APN 0227-121-18. Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 - Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less. PROJECT AND SITE DESCRIPTION: • A. Surrounding Land Use and Zoning: Site - Historic Landmark Pacific . Electric Etiwanda Train Depot and Equipment — Residential Low (L) District, Etiwanda Specific Plan. North - Single-Family Residences — Low (L) Residential District, Etiwanda Specific Plan. South - Pacific Electric Trail and Grapeland Elementary School — Schools (S), Etiwanda Specific Plan. East - Single-Family Historic Landmark Property — Low (L). Residential District, Etiwanda Specific Plan. West - Historic Landmark Isle House and Single Family Residences — Very Low (VL) Residential District, Etiwanda Specific Plan. B. General Plan Designations: Site - Residential Low North - Residential Low South - Schools East - Residential Low West - Residential Very Low Site Characteristics: The subject property is a rectangular parcel with an area of approximately 182,160 square feet (4.14 acres). The overall dimensions of the site are approximately 1,318.97 feet (east to west), by approximately 138 feet (north to south). The southwest corner of the parcel is developed with the Historic Train Depot and Rail Spur. The weigh platform and scale equipment • is located on the northwest corner of the site. The remainder of the site is vacant. There is limited vegetation; two Heritage Palm trees, which were moved from the original Isle House location at the Item G • PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19247 — ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 Page 2 • northwest corner of Etiwanda Avenue and Highland Avenue during construction of the 210-Freeway, and two walnut trees. To the east, north, and west of the project site are single-family residences; to the south is the Pacific Electric Trail and Grapeland Elementary School. The zoning of the property is Residential Low (L) District, Etiwanda Specific Plan. The properties to the north and east are zoned Low (L) Residential District, Etiwanda Specific Plan. The property to the south is zoned Schools (S) District, Etiwanda Specific Plan; and the property to the west is zoned Very Low (VL) Residential District. The property has street frontage along Etiwanda Avenue. The only access to the site is via a driveway at Etiwanda Avenue. The subject property is generally level with a southerly slope. ANALYSIS: A. General: The City proposes to subdivide the property into two (2) parcels of approximately 3.46-acres and .54-acre (Exhibit E). The Parcel Map complies with the lot size and dimension requirements of the Etiwanda Specific Plan. The Depot and Rail Spur are on the smaller .54-acre of property with the weigh scale and platform on the larger 3.46-acre. The subdivision will not require any significant changes to the existing structures. Reciprocal access and easements between the properties will be provided as required through a lease and sale agreement between the City and San Bernardino Associated Governments (SANBAG). B. Conceptual Master Plan: The City has provided a Conceptual Plan to illustrate a potential site • layout for future development of the parcel including parking, restroom facilities to support the adjacent trail, as well as watering facilities, and picnic areas. (Exhibit A). Any development on the site, including the compatibility of the development with the surrounding land uses and existing conditions, will be reviewed and acted upon at a later date by the Design Review Committee and Planning Commission. C. Design Review Committee: The project was reviewed by the Design Review Committee (Munoz, Wimberly, and Granger) on August 17, 2010. The Committee reviewed staffs comments and application as submitted, with the understanding that any development on the site would be reviewed and acted upon at a later date by the Design Review Committee and Planning Commission. The Committee recommends approval of the Tentative Parcel Map SUBTPM19247 (Exhibit F). D. Grading and Technical Review Committees: The Grading Review Committee (Addington and James) and Technical Review Committee reviewed the application on August 17, 2010. Both Committees accepted the application as submitted and recommend approval. Each Committee's respective conditions have been incorporated into the Resolution of Approval. E. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 — Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less, Development of the site by the applicant is • G-2 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19247 — ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 • Page 3 not proposed. There is no substantial evidence that the project may have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM19247 through adoption of the attached Resolution of Approval with conditions. Respectfully submitted, i Ja es R. Troyer, AICP Planning Director JT:CM\ds • Attachments: Exhibit A - Conceptual Site Plan • Exhibit B - Tentative Parcel Map Exhibit C - Location Map Exhibit D - Site Plan Diagram — Parcel 1 Exhibit E - Site Plan Diagram — Parcels 1 and 2 Exhibit F - Design Review Committee Action Comments, dated August 17, 2010 Draft Resolution of Approval for Tentative Parcel Map SUBTPM19247 • G-3 • DESIGN REVIEW COMMENTS 7:20 p.m. Cathy Morris August 17, 2010 TENTATIVE PARCEL MAP SUBTPM19247 - City of Rancho Cucamonga- A request to subdivide a parcel of approximately 4.014 acres of land currently developed with the Etiwanda Depot and associated equipment into two parcels of approximately 3.46 acres and approximately .54-acre of land in the Low Residential District (2 to 4 dwelling units per acre), located at 7089 Etiwanda Avenue - APN: 0227-121-18. Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 - Minor Land Divisions - as the proposal is to subdivide the property into four parcels or less. • The properties to the north, east, and west of the project site are developed with single-family residences; directly across the street to the west is the historic Isle House; to the south is the Pacific Electric Trail project, as well as Grapeland Elementary School. The property is zoned Residential Low (L) District, Etiwanda Specific Plan. The properties to the north and east are zoned Low (L) Residential District, Etiwanda Specific Plan. The properties to the west are zoned Very Low (VL) Residential District, Etiwanda Specific Plan. The property has street frontage along Etiwanda Avenue. The only access to the site. is via a driveway at Etiwanda Avenue. The subject property is generally level with a southerly slope. • This proposal is to subdivide the property into two (2) parcels of 3.46 acres and .54-acre of land, respectively. The new lot line between the two parcels will separate the developed and undeveloped areas of the site. The historic depot structure and rail spur will be on the smaller .54-acre parcel, with the weigh scale and other ancillary equipment on the larger 3.46-acre parcel. The subdivision will not require any significant changes to existing structures. A conceptual master plan has been provided to illustrate the potential site layout for the entire 4-acre site. Both Parcels 1 and 2 will share reciprocal access from Etiwanda Avenue for ingress and egress through a reciprocal Easement Deed. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior/Secondary Issues: None. Staff Recommendation: Staff recommends that the project be approved and forwarded to the Planning Commission for review and action. Design Review Committee Action: • The project was approved as presented. Members Present: Munoz, Wimberly, Burnett Staff Planner: Cathy Morris •Attachments EXHIBIT - F G-9 • RESOLUTION NO. 10-39 • A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19247 (ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT),A PROPOSAL TO SUBDIVIDE A PARCEL OF APPROXIMATELY 182,160 SQUARE FEET(4.14 ACRES)WHICH IS MOSTLY VACANT INTO TWO PARCELS OF 3.46 AND .54-ACRES IN THE LOW (L) RESIDENTIAL DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED AT 7089 ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-121-18. A. Recitals. 1. The City filed an application for the issuance of Tentative Parcel Map SUBTPM19247,as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 25th day of. August 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. • B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on August 25, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a partially developed rectangular parcel with an area of approximately 182,160 square feet (4.14-acres), located at the east side of Etiwanda Avenue at 7089 Etiwanda Avenue-APN: 0227-121-18. The overall dimensions of the site are approximately 1,321.97 feet(east to west) by approximately 131.82 feet(north to south); and b. The parcel has street frontage along Etiwanda Avenue of approximately 131.82 feet; and c. The eastern portion of the parcel is undeveloped and vacant. The western portion of the property is developed with the Historic Train Depot, which is approximately 3,000 square feet as well as the Spur Line on the southwest corner of the property. The truck scale and related equipment are located on the northwest corner of the property. Access to the entire site is provided (1) from Etiwanda Avenue; and G-13 PLANNING COMMISSION RESOLUTION NO. 10-39 TENTATIVE PARCEL MAP SUBTPM19247 — ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 Page 2 • d. To the east and north of the project site are single-family residences; to the west is the Historic Isle House and single-family residences; to the south is the adjacent Pacific Electric Trail, Historic Norton-Fisher House and Grapeland Elementary School; and e. The applicant proposes to subdivide the property into two (2) parcels of approximately 174,587 square feet(3.46 acres) and 23,682 square feet (.54 acres), respectively. The new lot line between the two parcels will separate the smaller lot, which contains the Historic Train Depot and Spur Line from the larger lot, which contains the scale, related equipment, and mostly vacant area of the site; and f. The subdivision will not require any significant changes to existing improvements; and g. Following the subdivision, Parcel 1 will be an irregularly shaped site that will encompass the Historic Train Depot, Spur Line, and enough property to accommodate parking to support the museum use. Parcel 1 will have the dimensions of 462.73 feet (east to west) at its longest point and 84.35 feet(north to south)at its widest point, while Parcel 2 will be 1,321.97 feet (east to west)at its longest point and 132.31 (north to south)at its widest point. Both parcels 1 and 2 will have access through a reciprocal access agreement at Etiwanda Avenue; and h. The applicant is not proposing any development on the new parcel at this time;and i. Any development on the site, including the compatibility of the development with • the surrounding land uses and existing conditions, at a future date will require the submittal of a Development Review and application for review and action by the Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed subdivision is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposed project is to subdivide the property into two parcels and is consistent with the development district of the project site. b. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. The proposed project is to subdivide the property into two parcels—no development of the site is proposed at this time. c. The proposed subdivision complies with each of the applicable provisions of the Development Code and Etiwanda Specific Plan. The proposed subdivision meets all standards outlined in the Development Code and Etiwanda Specific Plan, and the design and development standards and policies of the Planning Commission and the City. 4. The Planning Department staff has determined that the project qualifies as a Class 15 • exemption under State CEQA Guidelines Section 15315—Minor Land Divisions-as the proposal is to subdivide the property into four parcels or less. Development of the site by the applicant is not G-14 PLANNING COMMISSION RESOLUTION NO. 10-39 TENTATIVE PARCEL MAP SUBTPM19247 — ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 • Page 3 proposed at this time. 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. Planning Department 1) Approval is for the subdivision into two(2)parcels of a property with an area of approximately 182,160 square feet (4.14-acres) in the Residential Low(L) District, Etiwanda Specific Plan, at the east side of Etiwanda Avenue, located at 7089 Etiwanda Avenue - APN: 0227-121-18. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) Any proposal for development of the vacant parcel shall require the submittal of a Development Review and/or Conditional Use Permit application and applicable fees for review and action by the Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. 4) Development of the site shall comply with the standards applicable to the Residential Low(L) District, as described in the Etiwanda Specific Plan and the Development Code. Engineering Department 1) Etiwanda Avenue frontage improvements to be in accordance with City "Collector" Standards and per Figure 5-24 of the Etiwanda Specific Plan as required and including: a) Provide cobble curb and gutter, sidewalk, a.c. pavement, street lights and street trees, as required. b) Proposed driveway approach shall be a minimum width of 35 feet and a maximum of 50 feet per City Standard No. 101, Type C and to be in accordance with City "Driveway Policy." c) Provide one 5800 Lumens HPSV street light and remove existing street light on wooden pole. • d) Provide traffic signs, striping and R26(s) signs, as required. e) Protect existing traffic signal equipment or replace, as required. G-15 PLANNING COMMISSION RESOLUTION NO. 10-39 TENTATIVE PARCEL MAP SUBTPM19247— ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 Page 4 2) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Etiwanda Avenue shall be undergrounded from the first pole off-site north of the northerly project boundary to the first pole off-site south of the SPRR (SANBAG) right-of-way, prior to public improvement acceptance or occupancy, whichever occurs first. All service utility lines crossing Etiwanda Avenue shall be undergrounded too. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 3) If the required public improvements are not completed prior to approval of the final parcel map, an improvement certificate shall be placed upon the final parcel map, stating that they will be completed upon development of either Parcel 1 or Parcel 2, whichever occurs first. Dedication and Vehicular Access: 1) Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 44 total feet on ETIWANDA AVENUE 2) Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map. 3) All existing easements lying within future rights-of-way shall be quit- claimed or delineated on the final map. 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. G•16 • PLANNING COMMISSION RESOLUTION NO. 10-39 TENTATIVE PARCEL MAP SUBTPM19247 — ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 • Page 5 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 Etiwanda Avenue •J V .J (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. 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-17 • PLANNING COMMISSION RESOLUTION NO. 10-39 TENTATIVE PARCEL MAP SUBTPM19247 — ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 Page 6 • 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 Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. 111 Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Etiwanda Eucalyptus Silver Dollar Gum 5 feet 30 feet 5-Gal Avenue Polyanthemos o.c. Drainage and Flood Control: 1) Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 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. G-18 PLANNING COMMISSION RESOLUTION NO. 10-39 TENTATIVE PARCEL MAP SUBTPM19247— ETIWANDA PACIFIC ELECTRIC TRAIN DEPOT August 25, 2010 • Page 7 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. 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. Building and Safety(Grading) Department 1) Prior to recording the parcel map, a non-category Water Quality Management Plan shall be submitted for review and approval by the Building Official. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • G-19 STAFF REPORT ,; 0 PLANNING DEPARTMENT DATE August 25, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Jennifer Nakamura, Associate Planner SUBJECT: USE DETERMINATION DRC2010-00494 - LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS - A request to determine whether supermarkets should be permitted within the Retail Business land .use category in the Community Commercial District of the Terra Vista Community Plan. This project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City CEQA Guidelines. The project qualifies under 15061(b)(3) of the State CEQA Guidelines because a use determination will not have any specific impacts on the environment. USE DETERMINATION PROCESS: The Rancho Cucamonga Development Code Section 17.02.040 gives the Planning Commission the authority to make Use Determinations. Section 17.02.040 states the following: "In order to ensure that the Development Code regulations will permit all similar uses in each district, the Planning Commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as permitted, secondary, accessory, or temporary use in any district shall be deemed a permitted use or conditional use in one or more districts on the basis of similarity to uses specifically listed." . However, a use • determination is not site specific, it relates to the land use definitions of an entire district. Once a land use determination is made, then that use would be permitted or conditionally permitted on any property within any district that allows such use. ANALYSIS: A. General: The Terra Vista Community Plan encompasses 1,321 acres of land bordered by Haven Avenue to the west, Base Line Road to the north, Rochester Avenue to the east, and Foothill Boulevard to the south. The Terra Vista Community Plan was adopted in 1983 and contains a mix of mostly developed parcels of residential, commercial, and office uses. The proposed use determination contemplates supermarkets as a retail use within the Community Commercial District of the Terra Vista Community Plan. B. Community Commercial District: The Terra Vista Community Plan indicates that parcels zoned Community Commercial "can accommodate department store development, numerous tenant stores arranged around either an open or enclosed pedestrian mall, and community-oriented service establishments such as drug stores, supermarkets, financial institutions, and other functions." While supermarkets are specifically mentioned in the description of the Community Commercial District, they are not included as a permitted land use. The parcels that are zoned Community Commercial are mainly along Foothill Boulevard. WinCo Foods is proposing to operate a supermarket in the Community Commercial District at the northeast corner of Foothill Boulevard and Haven Avenue, in the Terra Vista Town Center, at the site previously occupied by Mervyn's. Construction of the Terra Vista Town Center was approved through CUP 88-12. CUP 88-12 did not provide any operational standards or IIIrestrictions on the center. Item H • PLANNING COMMISSION STAFF REPORT DRC2010-00494 — LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS August 25, 2010 Page 2 • C. Uses Permitted in the Community Commercial District: There are a wide variety of uses currently permitted within the Community Commercial District of the Terra Vista Community Plan that are consistent with the services supermarkets provide including, delicatessens, bakeries, and wine and liquor stores. Supermarkets provide sales consistent with the above-mentioned uses, as well as general food sales for off-site consumption all under one roof. Additionally, the Terra Vista Community Plan states that in addition to the designated uses, "Other uses which are found by the Planning Commission to be consistent with the spirit and intent of this land use classification"could be included. D. Description of Proposed Use: The applicant is requesting that supermarkets be added as a permitted retail business permitted in the Community Commercial District of the Terra Vista Community Plan. Supermarkets provide sales consistent with the above-mentioned uses, as well as general food sales for off-site consumption. WinCo Foods utilizes a 24-hour, 7 days per week operation within a prototypical store size of 94,000 square feet on a single level. This allows for a commitment to operate as the "Low Price Leader" offering the highest quality products and a large selection of national brands. The stores feature a fresh bakery, large bulk foods department, deli, fresh meat, extensive produce, and frozen food selections. Because WinCo Foods, as most other supermarkets in the area, include alcohol as part of their overall sales, staff recommends that supermarkets which offer the retail sale of alcohol be permitted with approval of a Conditional Use Permit (CUP). E. Facts For Finding: Section 17.02.040 of the Development Code states that the Planning Commission shall base its decision for a use determination upon meeting the following • findings: Finding: The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. Facts: The Community Commercial district of the Terra Vista Community Plan allows for large retail stores, such as department stores, outlet stores, variety stores, home improvement, and home appliance stores. These types of large scale retail operations have similar intensity to a supermarket (i.e. hours, deliveries, square footage). Finding: The use in question meets the purpose and intent of the district in which it is proposed. Facts: The Terra Vista Community Plan calls for Community Commercial land uses to accommodate department stores, community oriented establishments and entertainment facilities, and restaurants. The plan specifically mentions supermarkets as an example of a community oriented establishment. In addition, • the plan also allows for a variety of uses that are typically found in a supermarket such as bakeries, delicatessens, drug stores, and wine and liquor stores, with a Conditional Use Permit. Finding: The use in question meets and conforms to the applicable goals and objectives of the General Plan. 1111 H-2 PLANNING COMMISSION STAFF REPORT DRC2010-00494 — LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS August 25, 2010 1111 Page 3 Facts: Land Use Policy LU-1.2 encourages designating "appropriate land uses to serve local needs and be able to respond to regional market needs as appropriate." Land Use Policy LU 1.3 encourages "commercial centers that serve a broad range of retail and service needs for the community." Including supermarkets as a permitted use in the Community Commercial Districts of the Terra Vista Community Plan will enhance the existing retail and service establishments already present in those areas. Currently supermarkets are only allowed in the Neighborhood Commercial District (Base Line Road and Haven Avenue and Base Line Road and Milliken Avenue — which are both developed with grocery stores). Allowing supermarkets in the Community Commercial District will provide residents within the Terra Vista Planned Community and the City another local source for groceries. F. Amending the Terra Vista Community Plan: Chapter VI-16 of the Terra Vista Community Plan states, "No amendment is required to this plan in order to add new or modified information (textual or graphic) that does not contradict the intent of the material already included in the plan." While a Community Plan Amendment is not required, a use determination was deemed the most appropriate vehicle to direct staff to make the change to the Plan. G. Environmental Assessment: The Planning Department staff has determined that this project is statutorily exempt from the requirements of the California Environmental Quality Act • (CEQA) and the City CEQA Guidelines. The project qualifies under 15061(b)(3) of the State CEQA Guidelines because a use determination will not have any specific impacts on the environment. CONCLUSION: WinCo Foods, categorized as a supermarket, is comparable to the types of uses that are occupying centers located in the Community Commercial District in intensity, (i.e., department store, variety store, and home improvement store). In addition, supermarkets also offer many of the same services provided by other approved uses within the Community Commercial District (i.e. bakery, delicatessens, and liquor and wine stores). It is staff's opinion that based on these factors, supermarkets should be added to the Community Commercial District of the Terra Vista Community Plan as a permitted use with a requirement that supermarkets with alcohol sales require a Conditional Use Permit, similar to the liquor stores. RECOMMENDATION: Staff recommends that the Planning Commission approve Use Determination DRC2010-00494 through adoption of the attached Resolution of Approval. Respectfully submitted, /e°1-r,v,,L44-, t7, dfuirr James R. Troyer, AICP Planning Director • JT:JN\ge H-3 PLANNING COMMISSION STAFF REPORT DRC2010-00494— LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS August 25, 2010 Page 4 1111 Attachments: Exhibit A - Description of Business Operation from Applicant Exhibit B - Terra Vista Community Plan Vicinity Map Exhibit C - Community Commercial Land Use Description for the Terra Vista Community Plan Exhibit D - Staff Report and Resolution for CUP 88-12 Exhibit E - Permitted Uses in the Community Commercial District of the Terra Vista Community Plan Draft Resolution of Approval for DRC2010-00494 • • H-4 • WinCo Foods is an employee owned company headquartered in Boise, Idaho. The first store opened in 1967 operating as Waremart. In addition, the company operated stores under the Cub Foods banner and in 1998 changed the name to WinCo Foods (Winning Company). WinCo is rapidly becoming one of the most successful grocery store chains on the West Coast. Stores are located in Washington, Idaho, Nevada, California, Oregon and Utah. Distribution is from four centers located in Modesto, California, Woodburn, Oregon and Myrtle Creek, Oregon and Boise, Idaho. WinCo utilizes a prototypical store size of 94,000 square feet on a single level. This allows for a commitment to operating as the "Low Price Leader" offering the highest quality products and a large selection of national brands. The stores feature fresh bakery, large bulk foods department, deli, fresh meat, extensive produce, and frozen food selections. WinCo Foods has become the Supermarket Low Price leader through a simple and effective business model that is based upon every day, twenty-four hour operation. Delivery of low priced product to the customer is key to the WinCo operation through a • company fleet of trucks, augmented by vendor deliveries made during off-peak hours. A typical store, such as #9 in Clackamas, Oregon, will see about 150-160 truck deliveries per week of all types. These deliveries break down into about 45 of WB-67 (Semi- tractor and trailer) and about 105 of other smaller delivery trucks. Because we operate 24 hours per day, 7 days per week, these trucks arrive a various times during the 4:30 AM to 12:30 PM restricted delivery hours of the early to late morning with about 8 WB- 67 and 17 other smaller delivery trucks per day for heavy days and 5 WB-67 and 8 other smaller delivery trucks on light days. Generally all deliveries arrive in the early morning hours in order to avoid peak traffic. Dwell time is usually less than 90 minutes, but can reach 120 minutes. The smaller delivery trucks may from time-to-time arrive on-demand but can generally be encountered during the restricted 4 AM to 12:30 PM hours. All trucks are required to deliver to the rear of the store as we do not allow truck traffic across the front of the store. Of course deliveries are subject schedule factors such as holidays, weather, traffic patterns and distance and vary somewhat from store to store. As an employee owned company, workers are directly responsible for building their future, contracts, wages and benefits which generally exceed union contracts. The • EXHIBIT A • H-5 • Employee Stock Ownership Plan for company employees creates a pride of ownership and double digit increases in annual valuation. WinCo is regularly a Supermarket News top 75 company, One of Forbes top 150 largest • private companies, featured as a "Price Warrior" in trade articles, a regional and national winner in Shopper Report consumer awards, and most recently featured as a top ten in Consumer Reports. WinCo Foods typically employs about 200 team members per store in three staggered shifts. About 40% of the staff is full time or 40 hours per week. The balance of employees is WinCo part-time and receives full benefits if they work more than 20 hours per week. A typical store will be visited by 3,500 customers per day. • S H-6 • He j4t- II . s 12 k c; in r �� j •. jj 0 c I �� `} o h S 1 3/•/A2013140> •• W ta j\ i .J Z ~ CC CC O. !g u. 8 n. .. I1 ' iI jj L.. . . I \I. 3 VNNLL3 11 Z' t.a -' 3/0/ a4•••••_... ..1 ,_ O _I Haaa3 sera ,,,\ W}a 116111 VlWZ IL C a. Q=w Q O� 1i31S3N�0y atIQa O.W /• jOw j¢GC u.•■.0 'd V` aro N3NIl7N 1111 4 i . I • • 14 I W di • uu jj �/.s.I� 3/41 P43 MIN • • III li I 4.46,0 _ • , -. •$1)• .� _ i3ro CM/WOW • EMI „ �_ ~ r MI 111111a .� i Ili I 111 H JThiPJY ; � aro �r/�In ' 0.RS • i--- al • } : ' 2 m ...--J, •• •• , • p �• j aT' j m It 4 ij H i O Q r 0 ....A rj = W _ .� col t 8 W I m V jj g > .. N j j T 1 31 W3AV anon ti EXHIBIT B H ... 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Y1er, City Pt'anner DTI Debra Bier, alsiotiiti :planner • amen N P PFATI S - Z EJECT . - .. C, OImlTY01�A� USE A1�11�Tt` ftB*12: - o 'en n re • , cow rl �eilnilittng., of fout r.. 1 pp rcer� r `� �nf � rsifi�r rtti�f �tiri�:i,�.�:� � t$ta11� 3�q,00p' �u feet, #d, olafing �11''1itiopr itota_ tng','��3T;3g5 s iri feett nine ut 14fg.e ne• ii.1 buflftnpps tntollnQ 4!•g D sqquuire rut, 'tam .t•1,11 a office •bufldlani: tote in� V1 25 s4irta feet-' `fain: nstuiridt - .a ''',•:-:i.i''','",'-: ::;:;'-.:',.; .-•'••'•'-'il•' :::':':.:.;,',1:-.‘!‘:::::::.:,:r::-."-•'1.,:,•:1:::::';'.':::'• !�1li!'e ..f tr ,,theiter. :, p dz ilia. or .. , ��n�r ��s��al�tl � � Cam ���� :e _� for i ,d�iigr� ri Oli; 'c t t p1dfr�at tO 1.Lna�,:i 5,,&UO!.,qr�:a,.. All on 71 ocrei:of laird tn;:h* l C s' j, `� Df�itr�cC; a `thi urn e tlrfieti Pltnntdr'' n_f.ty f loc�ited tat. tli northri it carver of F1+ren Aa►tawa; end FoaC : ;1;1 Dculerii�d w °APIg 1077-421-4s, : 06, °1'd 1 fitant`fitsi trroi JlprI1 13, IQBD _ t. A1��t'3RC tna This :t.,t� wif co,tf rited L , S `At t tfie JT f r� ;the Ilpr 11 • .711 o,r th�oae 11 c nt ro riu rc-r olr'drrl+`' Co 1'�e��i�t t4 feX�l �l1tQ� i Cdn't1 � ''�p'� na�cdi .,fin �r'o�ir�d .ta 3e ,�; _ rth their s�fi�f f c tents _ pPlis rlitr 'houre�• of the �1 for: 1oidfnp,..E0ndr tnloedin. .ictfyifit(ts'..•e The; results „ th bl: 101 1 ,be` s �+wnd n ii 'td PI train Co:ditlan k .` 231b1 w1 ' be' presented ut . tlye. P1�+nnfnPCofstiting. 1n� a 1df t1on,: the Ca�itsian hid reiqutstad:. then in DIVi�tlonr _ e n = condition bpi':eddtd tti i rl R .,•lslind!�`c enfn sod, �leYer� et clir;fiff 'the aPpr + � �edfn P g 'Avrnue ead Fdotltifi�i1 r•ut�var�l. - ti'en added On the' atti`ched''.Resolution .r Cdndf:tfo -his �8° s En" fin�erfn3 r .. 0, f '• Du Ci yy n er. t�ch4rntsr.. Re .... . .. . .. solutfo. ; n - �•- or ; • Pro wfi th- Coo d f t fi o� s EXHIBIT D > y , H9 ', Isis -..: .n: :H':. _ : , -. : -:-:;,,:::'-:.: ::::-:-..-.'n:-...-'::::.;-4. - -::,.Z n . 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E Tg As• av msult. of tea esztrirtira�ea ash .. ,tkcliritlaa � i � - ,.,: sum fcr Ttrr�� �YI jai, �.T�1, • t�ir� 1.9�$]► sts `Toro t � a�� ��btr'`�t H-10 _ ` �rd.1 I3i198 - Y � Oi . • tY, FCTS FD '.: t1 �11R3a p oled'jro1+ct .t%. co�i_alatrrtt, .rat, thi - �l�ec resFTo _ x Genet l 1 n Ind thi 'Terri Yist�a °'Co uto! _ • The' p I{t wf,11'"not _ e dstr"iiimtai is oistaut' sfgn j nt,, errtlro e,�ntirt f id�u+ent, P 'tr I� 0. Wit,. *Itt ip, 1,r,�n �`-..�e a t a ; arA a r1�, rr. in conforr a t ,wf tr,•Pp1,tcsbli `' 1jticns�i.of"- the'�t trnl and the Ter `Yfate' C unIt� 'Plan. t Y. COMIU.SPotic i This, fteyr,:has� b4ur� ,advertised in Thf�oin ..ort nr+npi .r; the-proper as �ndubl tI hti enr�t ,• toe proper o+�ers'*I thin • '3X+0- o ' ostad end ho Ices unt ( otr�dlus, VT, Ct ATtdkr Starr rest reds• .,that; . the tlrnnfrti . +ppro�r�,_ a ditltital Us, 'Rii�it B9-iZ`' tn replace D ralii3pr Rerier H7-39 for the approval of Terra Viet" Town-, tenter. Reap I1r 4'. • tad, • CI r'P) •r.por ..: "1:: ':ko F;r1 Attichetents; Elhibft "A, Site P1infLxaticn of Terra Vista Town Center R so]tttior� of ARPrarsl with Condittons° . .ae •1 R.:. 7: - 0::...:''.'.:::•;:::.••• •::'...i:l.'.:•I'.•:.:•':.::--:•'.:::'.......::•'..-.......: :::;....::•.:•:;.:•.:::'•';::.::•:.':'•••••••'•:::„...•••:•.'::::...':.::••:::::••'•;.;:t:::1::.:-..;:•••::.1,.':•..!:.::'•;:;.':::::.1.::',:, :'•:••::::.::•!...:::,.:::: .. .: ' : -. :,HE •;,:::-..c"":" i'. . . :-,. ,•_,:..2.:•i',.':"..•....•.:' ':.....•••;••••:: :::'.r:.:' ,-:.:=',..:::,:.--,_,..,:','•-...:.•-•_,-,, • H11 'vsL`Sv'v".A .'r,,,,w..v.:. %'^fit":'...... _..�.ryn1�I,5f vG i r: - * r , , -. Ann, ,,. �, � --' - - c -'414474-,'r-".,r �tutor 7i(' w - a c . la rte_ ar�rr-: ,,,,� ,cry 11!* r t01 AILl_.tUlt9f]�5 :TDTJitfl I ��:._ ��Tx t��.._ �'i+�_ it��.y` � l iz . I3, - ,...,^ i 3a .ISM i�Y ' 0_ ' �. ,L �. ,, .� �.t :.Jl � � f�i ar .� T�;� `+ 1C1 .�a D Mfc1� :Tl( T ,,� . PL D1 tr ltiZATE 7 Tyr rtsT ; ij4 n y3 � � ,^ w y. y. --.. t — y, :Rt Iry c�i etutter. R ] is >rt l[s h A tt 1 an'.[ �f tf o for the I Cordi ti au7 trti t 1ia. . - ssnitf o tsal roaliti �r[t�fter' is Ms ��t`".'ltp: d[[trlb�d ia¢... title, olr: �i1s t '4t ix rtr[r ;td t .,� so]ntto0:: [Cc f tiou f s s�pltcttio�"� of a oiiii o t o of ■ q t�issfoa h • +1�r(1 tf� . �._ . t[d 1 &lr noticed 5. tf r ,� �� LLcomc7iidel: id �**crt+ii. , tIit ,,!!�� ,,, ' --,!,t rie�',ai`F�tl --' tutfo4 L-0,0%1-..•;::.,,,;k1.44 !+tt�. Ff a a i-- alt. 1 _ ;�� • �f. s hart off, prerequisites to tht' idaQtiaa of tbis; futiou 8. Resolution ' 1 , r ` r �' �` 1 t i t htr, _� f [oon F1&*1t�g 1ttiti of th:Ci as Ialtas. yet L . Me ti l specifically. 1' tai; rlss iaa hr ti that all or thf �ficts . _I..1tiol ut t er N trite aid carnet: ' substantial eiIdi [ diming t tbo>rt_ p ►s[d:':to .tit Ca■witsl_ s+rittcat f Pahl ft- hrafl q I,�. ; .�e �r�l �ttlr �' tom. faclaatn� i ss toe tcg[tt�t� Sri tb Pgbl i r tottoi o his 1ricfTy� f foil-Nisi Vii` cf Th. 'op!tea tlo 1 its to ;p -..' f 7Erit asd'1 let' i111;� T[ir �:+ritb d stmt .tom 4ipt ` of tit rest ia is, p rt3[ot�r tedopiiiieffivid H-12 ' ' ^ ** UTId11. Bd=Tb • 'far!?' p t?, 1! 0 121 7 :Proratedb3' *141 t d.; b Foiyuill 1 leent,,tha t, ut .t vl iwith tr# stiet f Ail tx (agf t: ` '._..c1 �! ttblI to t.otasr, iltrctrall� t1�1�, rime]: oaf . t+lgt. r+r+►rl sited for 1"1r bw11d1 it` ll0�r t+3 l if .--f.` : 4.' , tlt r .if M• �t Illor 3,-shell v a11th ? 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' ' "first polo oazst silo of rootai111. ' :'1::::...1.1::::''.:2::,.--;';‘,":":1:11‘iT':;;:::(''''''''...7.'",:::-:'''•:.,':'-'::'::.::.1.--'1' .: . : . Ioalavird t&� t,: f,Irst, pole aff slta �:n tb of Ta Cti r Ctivs, L Ito pa 11c I roVain t , ...„ .....„:„. „. ..,,. .. . . . ., , #Ctall #I c �r 41:Cu�IIcy,, �1ICMM'It ': OCc n f1rr 1' dw+iol sit MI ri *It a -1116-4 rs nt d ft to cover caf.hilf tile dl ff.ra a li t r Jth wirgrazaied' cost, of thi utliltlis lii1 trlcal1',,. t_ _ c tis14. o r u s street mlmi thosa ,...a___,.... ...7.--- catl aesl 0., 1 'us1�► u�dirrpOtMtd` o ..tl�s opotiti #ids of 1M5 %u et: 16 ,The tollorilrw ;aptfans' df t1 Msftitr Plan of.� dirkl o tn$ shill ba Gchstr c tt�l' ri tJ "tl� r .tom x.. a) L1n4, 1;-1' fro i Deer Cnuk 1 to Sprucd. Street', b) line 14 trod Foothill Boulevard to Tam Center- Drive;',, end c) Lin. 1-3 from 'oath'1 1 Boulevard to Tow Center DrIve • ... ). , :::,.. „:::,. . ,,,,...:::. ., (3) Drolni sssartnts For p Ttfions oC tha #lister Flan; of Story Dr s dot ioctttd !n pu:b11c strerts _the. T 'bi pp..,1.6 dad prior to tht; issuance of b�uildit�Q psr�itt. (4) Traffic stgrls shall be coastrl tad a.t t! tollarinp locations with t abllit.y to tcordlnata• tinio9 prior to occ pit+cjr or agar bfiiidingis a) Spruce. kitnue i d", Foothill Boulevard; b) Spruce` Avenue',ant Town {enter Or I re; C) Norm Avartua and Tags Center Or i ve; arel:` d) 'Maio Entrance Cop p114'' Aspoa 3tre.t) and . Foothill foulsvar tr�tc T1 ' o>�t1 r+o ox�as Cr°cogs t1n t .traffic 'signal"tryst) at thi `Main` Eatruico, (.a ria *ipso and Focth111f 1cielsir rbill' bra` the' rte i1b111 t; r of? is .6irttlepor T dq ,,froo_ sl±o_11' r.c#lvat c, d a d i rsi urs nt :frost _ p T airs stems 'Drralo at F��, tf s r4Y#d by .tt�"- . for tiai t p Cit�l osil r signals; : ,., :. 6) The follarin streets s-!fill be conti$tr rct,d-tfd11 it l d th to I nc uda curb and .: ..: ' putlir'oA bat�i� sidQti ' 1-1:71 7: . "a ~R[I- C� U 1 llR� � AOrf1 LT 1'fii; o 7_ of tb st.r t. $tdi a1 , stmt -11 is ! p1ri*--- 'l1bdiraptaQ b roil;t dsrdrrrd until a) spruct Avirwi fro. Foothill-. sou,Iyard to.. Cli Il+snbe, Arai b) Tom . 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C CO C Co co O y O O L O O co U D O y y C) c L y O U h C C) „,u) ` C CO " 4.., co O C co a) O 0 y .O -0 O _O a) O >, Q Co• d .c C to to 4-, y O CD CO C C) to v) O y 01 ff CA O C) ?• C co C N " s +-+ C W W a) a Y �, O C > L C Q N co C ` •C >, C U V O C O y C C H C ` y y C '� t=/) U C N Co y '� C a CIO Y cry L a) w EM 2 a a ` C y C O C O t0 U 'O L g a) v) c0 U +•' .a a) C co 4,0 O 0°-._E •E +° y a��o w O co a) Co c ' . co a c 'fl caa -0 E c� j CO C � e �' y �n a) , -- .0 aoa`) a� :n 0 � �' a`) � oy `o_ yccoc CO aa)) cco y m 4 E .a E c`opac c� >.� ` cLc a) ... � EE y > mc o -Y •� � — '— �., o O •- O co cp v) O p 7 O O a) y E 8 +, c O O y «. �p O 2cna. 1— C72Us222F- QZ2a c I— onti0aY —I CZEU = w= •c app) C • CD ._ .E .. u) .c Q E H-20 RESOLUTION NO. 10-40 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE DETERMINATION DRC2010-00494, BY DETERMINING THAT SUPERMARKETS ARE A PERMITTED USE, AND SUPERMARKETS WITH BEER, WINE, AND DISTILLED SPIRITS ARE A CONDITIONALLY PERMITTED USE WITHIN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Landmark Development Group, on behalf of WinCo Foods, filed an application for Use Determination DRC2010-00494, a request to add supermarkets as a permitted use in the Community Commercial District of the Terra Vista Community Plan. Hereinafter in this Resolution, the subject Use Determination request is referred to as "the application." 2. On the 25th day of August 2010, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the Use Determination and concluded said meeting 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 substantial evidence presented to this Commission during the above-referenced meeting on August 25, 2010, including written and oral staff reports, the Commission hereby specifically finds as follows: a. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. The Community Commercial District of the Terra Vista Community Plan allows for large retail stores such as department stores, outlet stores, variety stores, home improvement and home appliance stores. These types of large scale retail operations have similar intensity to a supermarket (i.e. hours, deliveries, . square footage). . b. The use in question does meet the purpose and the intent of the district in which it is proposed. The Terra Vista Community Plan calls for Community Commercial land uses to accommodate department stores, community oriented establishments, and entertainment facilities and restaurants. The plan specifically mentions supermarkets as an example of a community oriented establishment. In addition,the plan also allows for a variety of uses that are typically found in a supermarket, such as bakeries, delicatessens, drug stores, and wine and liquor stores, with a conditional use permit. c. The use in question does meet and conform to the applicable goals and objectives of the General Plan. Land Use Policy LU-1.2 encourages designating "appropriate land uses to serve local needs and be able to respond to regional market needs, as appropriate." Land Use Policy LU 1.3 encourages "commercial enters that serve a broad range of retail and service needs for the community." Including "'supermarkets as a permitted use in the Community Commercial Districts of the Terra Vista Community Plan will enhance the existing retail and service establishments already present in those areas. Currently, supermarkets are only allowed in Neighborhood Commercial (Base Line Road and Haven Avenue and Base Line Road and Milliken Avenue — which are both developed with grocery stores) and Recreational Commercial (Milliken H•21 PLANNING COMMISSION RESOLUTION NO. 10-40 DRC2010-00494 — LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS August 25, 2010 Page 2 • Commercial (Milliken Avenue and Church Street — which is already developed). Allowing supermarkets in Community Commercial Districts, will provide residents within the Terra Vista Planned Community and the City an additional local source for groceries. 3. Based upon substantial evidence presented to this Commission during the above-referenced meeting on August 25, 2010, including written and oral staff reports, the Commission hereby specifically finds and concludes as follows per the City of Rancho Cucamonga Development Code, Section 17.02.040 D: a. The use in question is of a similar intensity to other permitted or conditionally permitted uses in the same district. b. The use in question meets the purpose and intent of the intent of the district in which it is proposed. c. The use in question meets and conforms to the applicable goals and objectives of the General Plan. • 4. The Planning Department staff has determined that the Use Determination is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The activity qualifies under Section 15061 (b) (1) of the State CEQA Guidelines Project exemption because the activity is not a project as defined in Section 15378 and be demonstrated with reasonable certainty that the action of a Use Determination by the Planning Commission to determine that supermarkets are a permitted use within the Community Commercial District and supermarkets with beer, wine and distilled spirits for retail sale with a Conditional Use Permit within the Community Commercial District of the Terra Vista Community Plan will 41) not 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 substantial evidence presented to this Commission during the above-referenced meeting and upon specific findings of facts set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby determines that supermarkets are a permitted use (conditionally permitted if alcohol is sold)within the Community Commercial District of the Terra Vista Community Plan. 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 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 H-22 PLANNING COMMISSION RESOLUTION NO. 10-40 DRC2010-00494 — LANDMARK DEVELOPMENT GROUP ON BEHALF OF WINCO FOODS August 25, 2010 Page 3 Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of August 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • H-23 . .r • THE CITY OF RANCHO CUCAMONGA tr#‘ *** PLANNING COMMISSION L-Ve• WORKSHOP AGENDA CRAMONGA AUGUST 25, 2010 - 7:00 PM * Rancho Cucamonga Civic Center De Anza Room 10500 Civic Center Drive Rancho Cucamonga, California II. • CALL TO'ORDER Roll Call Chairman Munoz_ Vice Chairman Howdyshell Fletcher_ Wimberly_ Oaxaca • I .; II. NEW BUSINESS I A. PRE-APPLICATION REVIEW DRC2010-00530 - NEVIS HOMES - A review of a proposal for a single-family residential subdivision on the site of an approved multi-family development on 12.1 acres of land in the Medium Residential District (8-14 dwellings per acre) located at the northeast corner of Arrow Route and Baker Street-APN: 0207-201-01, 21 and 44. Related file: Development Code Amendment DRC2010-005.31, Development Review DRC2004-00705 and Tentative Tract Map SUBTT17013. I . II:I. PUBLIC'COMMENT 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. IV. ADJOURNMENT I 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. • 77\ikal 44* ti PLANNING COMMISSION AGENDA August 25, 2010 RANCHO CUCAMONGA 2 I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on August 19, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. ei • 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. ...„ ___0 Vicinity Map lanning Commission Workshop ............... ........_• .....• August 25 5 2010 i , , . , ! ' -----"-----i. Mme. I__ ANf•..! • r d E , -0 0 c' ! C% co= Q 2 2 co . I 14 11111 1111151111LEw to 19th Sty •% l N s / _ ,. ., Base Line •s Base Line Church 11 L Foothill �limmywritir A • -2 AL' Wag ,/,'-. • IMP' L. / . Foothill co Arrow c w -a a Arrow c a> c ! ca 8th 0 3 �! cz 2 C9 6th,. ?. r c 0 !6th N € > Y_ I i • • STAFF REPORT PLANNING DEPARTMENT tom, DATE: August 25, 2010 TO: Chairman Chairman and Members of the Planning Commission RANCHO FROM: Larry Henderson, AICP, Principal Planner CUCAMONGA BY: Tabe van der Zwaag, Associate Planner SUBJECT: PRE-APPLICATION REVIEW DRC2010-00530 - NEVIS HOMES - A review of a proposal for a single-family residential subdivision on the site of an approved multi- family development on 12.1 acres of land in the Medium Residential District (8 to 14 dwellings per acre), located at the northeast corner of Arrow Route and Baker Street - APN: 0207-201-01, 21 and 44. Related files: Development Code Amendment DRC2010-00531, Development Review DRC2004-00705, and Tentative Tract Map SUBTT17013. Review Process: The Pre-Application Review process, provides a project proponent with the opportunity to present schematic designs to the Planning Commission prior to formal application submittal, in order to receive broad, general comments and direction. The focus of the meeting is a discussion by the Planning Commissioners regarding the technical and design issues related to the project. The meeting is not a forum for debate and no formal decision or vote is made. After the meeting, staff prepares written comments summarizing the direction of the Commission and staff, which are sent to the applicant. • Request: The applicant is requesting that the Planning Commission review their proposal to develop a single-family small lot subdivision on the site of an approved 12.1-acre multi-family condominium project. The applicant has also submitted a Development Code Amendment to reduce the 300-acre development area requirement to develop a specific plan in order to overcome the many inconsistencies that the project has with the Development Code. Attached is a letter from the applicant explaining the proposed changes that are being requested because of changes in consumer preference, market conditions, and greater restrictions that have recently been placed on obtaining construction loans and mortgages. Background: The Planning Commission approved DRC2004-00705 and SUBTT1703 for the development of 105 attached and detached townhouse units on March 23, 2006. The approved Tentative Tract Map was for a single-lot condominium project with attached and detached units ranging in size from 1,626 to over 2,000 square feet. Development Code Requirements: The Development Code permits the development of single-family residences in the Medium Development District (M), when developed using the Optional Development Standards. Development Code Inconsistencies: Staff has reviewed the proposed site plan and found the following inconsistencies with the Optional Development Standards outlined in the Development Code: • Item A PLANNING COMMISSION STAFF REPORT DRC2010-00530—NEVIS HOMES August 25, 2010 Page 2 • Required* Proposed Building Setback from North Property Line 30 feet 20 feet Interior Side Yard Setback from Property 10 feet 5 feet Line Building Separation (Side-to-Side) 15 feet 10 feet Setback from Private Street or Driveway 5 feet from 24-foot 0 feet from Drive Aisle Drive Aisle Common Open Space 35 Percent 19.6 Percent Drive Aisle Width (Fire) 26 feet 24 feet (free and dear) Recreation Area/Facility 5 Amenities Unable to Determine Without More Information * Optional Development Standards Design Issues: 1. The proposed small lot subdivision creates a street scene dominated by garage doors and walls, with minimal common open space areas. 2. The proposed design uses a large number of shared driveways with little or no front yard landscaping, with the houses pushed up against the drive aisles. 3. The proposed private streets are not designed to City standards. Per the Engineering • Department, they must be designated as drive aisles on the tract map or be designed to City standards. 4. The Development Code discourages dead-end drive aisles over 150 feet long. The proposed development has a drive aisle that is close to 400 feet long. 5. Recreation amenities are concentrated at the center of the project. The Development Code requires"the dispersal of recreation facilities throughout the site. 6. Multiple tot lots are required to be counted as an amenity. The plan shows only 1 tot lot. 7. Open space areas are required to have one dimension that is a minimum of 100 feet. The open space area provided is approximately 60 feet wide. 8. The barbeque area at the end of the drive aisle appears to be an afterthought, and is not very well integrated into the project. 9. The plan does not call-out what amenities will be provided in the community building. To be counted as an amenity, it will need to include a multi-purpose room with a kitchen. 10. The fire access is not acceptable as submitted and a fire department access reciprocal agreement is required. Please see the attached comments from Fire Construction Services. A-2 PLANNING COMMISSION STAFF REPORT DRC2010-00530—NEVIS HOMES August 25, 2010 Page 3 • Proposed Development Code Amendment: The applicant is requesting to eliminate the Development Code requirement that new specific plans have a minimum development area of 300 acres. This minimum area requirement was put into place in order to provide a process for the initiation, review, and regulation of large-scale comprehensively planned urban communities. The goal was to provide developers of large tracts of land with the flexibility necessary to create innovative projects that were well integrated into the existing infrastructure. Specific plans were not intended as a mechanism to circumvent the requirements of the Development Code. Existing Specific Plans/Planned Communities approved by the City include the Etiwanda Specific Plan (3,000 acres), the Etiwanda North Specific Plan (6,850 acres), the Terra Vista Planned Community (1,321 acres), and the Victoria Planned Community (2,150 acres). Each of these Specific Plans was a large-scale development that created distinctive neighborhoods that integrated residential housing, commercial uses, schools, parks, and open space. The elimination of the 300-acre requirement will open all vacant parcels in the City to being developed under individual specific plans. This will encourage developers who are unable to meet the City's development criteria to request a new specific plan in order to create their own development criteria. Staff is concerned that there will be legal issues when permitting spot zoning and place an administrative burden on the City in the tracking and monitoring each of these new small lot specific plans. • Amending the requirements that regulate specific plans will necessitate that the applicant prepare an Environmental Impact Report (EIR) prior to consideration of the proposed change by the Planning Commission. The EIR will need to review the potential significant environmental effects the change will have on the environment and present means by which possible environmental damage may be reduced or avoided. Respectfully submitted, ,`f 1141/14/` Ja es R. Troyer, AICP Planning Director JRT:TV1ge Attachments: Exhibit A - Fire Construction Services Comments dated August 5, 2010 Exhibit B - Engineering Comments dated July 20, 2010 Exhibit C - Preliminary Plans (distributed under separate cover) . • A-3 ,y cuc Rancho Cucamonga Fire Protection District• ., ,/,-. %;F:4 4'. 1 4 v t Fire Construction Services • REVIEW COMMENTS • August 5, 2010 Nevis Homes NEC Arrow and Baker DRC2010-00530 & 531 Fire Construction Services has reviewed your plans submitted for a SFR development. This project review was based on the plans submitted which reflect: 114 homes Type V-B, Occupancy R-3-U, assumed to be sprinklered if constructed under the 2010 California Building Code. The project has been determined to be incomplete for the following reasons: 1. The fire department access is not acceptable as submitted. The fire department access must be design in accordance with the RC public streets' standards or in compliance with the RCFPD Standard 5-1. 2. A fire department access reciprocal agreement between this parcel and the adjacent property on the north P/L must be recorded for the purposes of use and maintenance. The specifics of the buildings on this project,such as occupancy, square footage, height, number of stories and type of construction were not found on the plans. Fire Construction Services requires this information • to provide the applicant with a complete review and applicable comments. Provide the necessary building data on your next submittal. If you have any questions please contact Moises Eskenazi, Sr. Plans Examiner at 909-477-2710 ext. 4209. III EXHIBIT A . A-4 CITY OF RANCHO CUCAMONGA • ENGINEERING DIVISION Project No. DRC2010-00530 PRE-APPLICATION REVIEW Type SFR &Multi Family Homes Location NEC Arrow Route and Baker Avenue To Planning Division: Tabe Van der Zwaaq APN 207-201-�01, �21 &44 P & E 7-20-10 By: Willie.Valbuen ��D Ckd: ( �ti ./ 2/2`7/10 COMMENTS: 1. Provide updated focused Traffic studies, using current traffic counts, at the intersections of Arrow Route at Baker Avenue and Arrow Route at Grove Avenue. Study AM and PM peak periods. 2. Proposed gated entrances shall conform to the attached City "Residential Project Gated Entrance Design Guide" standard. 3. If the project proposes to install private streets, they shall per City "Local Street" standards. Provide a typical section on the Conceptual Site Plan. 4. Construct the southeasterly driveway of the project so that it can be jointly used by property to the west. • a) The driveway shall not be limited to emergency only. b) Provide an access easement in favor of adjacent property. 5. Access easement shall be provided ensuring ingress and egress for the benefit of existing mobile home park to the north by CC&Rs or by deeds and shall be recorded concurrently with the map. Drainage easements shall also be provided. Clarify in CC&Rs that said drainage cannot be blocked. Assess shall be provided with all development phases. a) The width of the emergency vehicular access in favor of the Mobile Home Park needs approval from Rancho Cucamonga Fire District. EXHIBIT B 1of1 A-5 CITY OF RANcyp CGgCAMQNG4 E/Y61/Y c 1,y a/G'/S/ON • 20 a' 2O/ Gafe 0 Caro'f3cacicr Vt-s r- 1 Turn riven' s+J r\ eea Ca// e©X D 5 rig P . S ft N 20 � $1 /Z/ 1 /p/{ NE O /VG(/ Vi5/TOft Srat°vie:!ic C . 9 Cu v r� i° 1/3Z /C ST/ E.E RE5I DEN T/AL F-IOTECT A-6 C-2/i T E C E/V j' NC WORKSHOP ITEM A PRELIMINARY APPLICATION REVIEW DRC2010-00530 NEVIS HOMES • EXHIBIT C - Distributed under separate cover A-7 fSHELDON' 0 GROUP Public Affairs • Land Use August 24, 2010 Mr. Lou Munoz Chairman, Planning Commission City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Pre-application Review DRC2010-00530 Dear Chairman Munoz, On behalf of Nevis Homes, we respectfully request a continuance of this matter to the September 22, 2010 planning commission date. I apologize for this inconvenience but we believed the planning commission date for the study session would be held in September. As such, there are important members of our team who are unable to attend the August 25, 2010 hearing because of existing family vacations and functions. Thank you for the consideration of my request. Sincerely, Stephen R. Sheldon , cc: Larry Henderson, AICP Tabe van der Zwagg 901 Dove Street, Suite 140, Newport Beach, CA 92660 • phone 949-777-9400 • fax 949-777-9410 web www.sheldongrp.com GU DRN-SWOP .Z e-rn 4 Planning Commission Meeting of C\ RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM 1. C � :7)/ 3. if_ 6. ZA,A' GL 7. -`,-.;:Tim._=�!..:� � � . __�V. 8. , -s-- /2 c 9. 10. .- i 11.vi 7 / 13. -r 4 i iIi 14. 9 z),'"47 15. ref, /ff ///1 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.