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HomeMy WebLinkAbout1988/07/27 - Agenda Packet9701 -a2 o 7 -27 -88 PC Agenda ©f 3 t CITY OF RANCHO CL Gr1M0NGA -PLANNING CONINII&SION AGENDA, WEDNESDAY JULY 27, 1988 7 :00 p.m. LIONS PARR COMMUNITY CENTER 9161 BASE LINE RANCHO CUCAMONGA, CALIFORNIA 1L Ple6,e of Allegiance m Roll can Commissioner Blskesley Commissioner Emeriek Commissioner Chitiea r Commissioner McNiel _ Commissioner Tolstoy is Annomwements IY. Consent Calendar The folluwing Consent Calendar items are �-.Y T cted, to be routine and non - controversial. They will be acted on ; the w:;,mmisson at one time without discussion. If anyone has rW,t W;rk over any item, it should be removed for discussion. A. RESOLUTION FOR ENTERTAINMENT PEAMrP 87-01 - HARRY CIS A consideration to modify, suspend or revoke an ;entertainment permit granted for a dice jockey doing vocals, act, play, show, dance contest, band, beauty contest in conjunction with a restaurant /nightclub, located at 10877 Foothill Boulevard. (Continued from July 13, 1988) B. RESOLUTION OF DENIAL FOR ENVIRONMENTAL AJSESSMENT AND DEVELOPMENT REVYEW 88 -15 - DESIGN COOPERRATNE The development of a 1,Yuu square foot restaurant on .38 acres of land within the Office /Professional District, lofiated at the norttirest cornier of Arrow Route and Archibald: Avenue - APN: 208 411 -88. (Continued from July 13, 1988) C. RESOLUTION ' 4F DL•`NI.AL -FOR. VARIANCE 87 -06 DESIGN COOPERATIVE -A request to .aliow a redotion in the required s'02: t side building setbacks acid- the.aver4b landscape setback for a 1,700 square foot restaurant on :38 acres of land within the Office /Professional District, ;^Gated at the northwest corner of Arrow Route and Archibald ,,Avenue - A;PN: 208- 811 -58. (Continued frorn July 13, 198n) -.l D. ENVIRONMENTAL ASSESSMENT FOR DESIGN REVIEW 80 -3 a C0LAVIN DAY CREEK - The development of a manufaeturhig and office buileNi tivialing 46,788 square feet on 4.23 acres of land in the Industrial Area Specific Plan (Subarea 14), located on the west side of Santa Anita Avenue, north of 4th Street - APN: 229- 321 -12. V Public Hearing The following items are public hearings in whiu;h concerned individuals J may voice, their opinion of the related profi)cti Please wait to be recognized' by the Chairman and address the Commission by stating yow, name and address. All such opinions shall be limited to 5 minutes per individual for each inject. E. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 88-28 U.S. EQUITIES - The request to establish an office in a leased space of 1,792 square feet within an existing industrial park in the General Industrial District (Subarea 11), located at themortheast corner of Utica Avenue and Sixth Street - APN: 2 09- 411 -17. (Continued from July 13, 1988) F. MODIFICATION r TEN ^l Ai IVE TRACT 13271 - LEWIS HOMES - A request to &Aat.e a COildition of Approval requiring the construction of Uilliken Avenue from Base Line Road to Foothill Boulevard for a previously approved total development of a residential subdivision of 10.6 acres within the Medium (4:14 dwelling units v acre) Larw Use Designation of the Terra Vista Planned Community into 128 townhouse condominium units on a single parcel, located at the northwest corner of Terra Vista Parkway and Milliken Avenue APN. 1077- 091 -29. G. ENVIRONMENTAL ASSESSMENT AND CONDPTIONAL USE PERMIT 88 =30 - SCHNEIDEWIND The request to establish a medical billing sarvice in a leased space of 1,976 square feet within an existing multi- tenant industrial park on 10.17 acres of land in Subarea 2 (General industrial) of the Industrial Specific Plan, located at 9087 Arrow Route, Suite 200 - APN: 209-012-19. H. ENVIRONMr' TAL ASSESSMENT AND CONDP11ONAL PERMIT 88 -22 CHI O BASIN MUNICIPAL WATI13 DISTRICT - A request to install temporary office modules, in association with an existing office use, totaling 1,440 square feet on 1,47 acres of land in the Low ResidentW District (2-4 dwelling units per acre), located on the East side of Archibald Avenue, south of Arrow Highway, at 8555 Archibald Ave.fue - APN: 209- 041 -41 and 42. 6 t ! PULTE HG .E COQ RAC`- A request to VAHTANCE 88 10 - and setback from 30 feet to 6 feet 1 I. approved tract in the TJiedium reduce the mi o um�act 13058, units per sere) of the inch for Lot District (8 -1`l dwel3ing west side of Residential Dea�eayCommunity, located �P 202- 881 -44. Victoria Psouth of Highland Avenue - FOR Fairmont Ways OF APPROVAL 01, A CONDITION A request to J, MODIFICATION WEST' VL'N`IreservAtion of an TE13 PAiNE TFcACT 13476 - --� . the p bated at royal requiring m+�itJ a condition of APp reviousiy approved tract, olia tree fora p and Zlcyon ° AY'rI: 20$= 111 -04. existing Magn the Tort+ yeast corner rf H llmaii 'TEIiTATYVE PARCEL es ASSESSMENT AND g, ENVIRONMENTAL VANDEPiBURG - A subdivision of area 5, MA--- V 11510 -GREG the ,General industrial District of Land into 7 parcels Street and the east side of LticaS located en the south 210 071 3t7 and 41. Ranch. Road -APN: VL New Business MENTAL ASSESSMENT eNdev opme�t o£ an L. ENVn%ON s totaling, 55,546 square 88 -02 ARCHITF•CTURE ONE 7) building complex comprised of se d the General industrial Designation Area. Specific Plan, located at e feet on 3.13 acres of land Road - (Sutwea 5) of the industrial Street and Lucas southeast corner of Fifth 21D °071 -37• BRIMAR - The 11626 - MODIFICATiOi', g, a .. provision REVIEW royal regarding ttie P M. DESIGN a Condition of APP design review of 23 single request to modify for an approvEd i Street of a Community located north of . nond Street at Beryl family dwellingsp 1061 - 821 -31 `i: 6s 7, 9 °22. APN: 1061 -81 12 16; VII. D,,etOtorts Reports N, VIRGINI A DARE PARKING {i,;ontizued from July 13, 19$ VUL Commission Business AFPOINTM` S O. itEVIEI': TRAILSADVISORY j-- C-"'°._..I'r Continued from July 13 :198 P. DESIGN REVIEW COMMITBr l AP I TM- .-E� ivontinued from July 13, 1988 COMMISSIOld ADMINISTRA'T'IVE l'LANNYNG Q. At' ?NDME REGU ON TO _ - a 1 - 1X. Public Commeni`Q. This is the time and place for the general public to address tile _ Commission,. 3tend} to be discussed here are thoso which do not already appear on a.(s agenda. X. Adjournment The Planning Commission has adopted Administrative Regulations ;hat set an 11 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consen'_)o f the Commission. �f i i f, y. CITY OF RANCHO CUCAMON rv- l El Imi - CITY OF RANCHO CUCAMONGA STAFF REPOWIF DATE- July 27, 1988 -t•� TO: Chairman and Members of the Planning Com fission FROM: Brad Buller,, City Planner BY: Otto : rouxil, Deputy City Planner SUBJECT: ENTERTAINMENT PERMIT 87 -01 - -HARRY C'5 - A consideration to mo t y, suspen or revoke art en ertainment permit granted for a disc Jvchey doirig vocals, act, play, 'show, dance contest, band, beauty contest In conjunction with a restaurant/night club, located at 1087: Foothill Boulevard. 1. BACKGR09ND: At the July 13, 1988 meeting, the Commission held a puBlic wring on this item. Following a lengthy testimony, the Commission directed staff to prepare a F� solution approving the Entertainment Permit with specific modifications to the conditions of the original permit. Specifically, the Commission directed that the scope of the Entertainment Permit not be expanded, and that a min4lum of two uniformed, _.duly licensed security guards from a reputable security firm Abe required on the premises. The Commission further requested that another hearing be scheduled in approximately 120 days to review the Entertainment Permit. Attached is a Resolution for tf:c Commission's review and consideration. I II. RECOMENDATIBN: Staff recemends adoption of the attached I fying Entertain�-:Wnt Permit 87 -0I. =ed, Brad Aller / Cit Planner/ 8B :CK :te Attachments: Resolution RESOLUTION NO. 87 -102 e A RESOLUTIU' OF THE RANCHO CUCAjONQA PL4NNIk6 COMISSION APPROVING ENTERTAIMENT PERMIT NO. 07 -01 TO OPERWTE AND CO WT ENTERTAINMENT BY A DISC JOCKEY FOR FOR pApC %No HARRY C'S RESTAURANT LOCATED AT 10077 FOOTHILL BOULEVARD' A. BECK (i) On May 21, 19869 the City Council of the City of Rancho Cucaaonga adopted Ordinance No. 290 providing for the re2ulation of antartairwnt. . (i1) On June 1, 1987, Harry Chan has filed an application: for a issuance of sn Entartainsent Persit (EP 87 -01) described above: in the title of this regalution. (iii) On the 24th day of June, 1987, the Rancho Planning Camission held a Cucamonga the above - described protect lic hearing is ecnsider B. RESOLUTION THEREFORE, the Rancho Cucasawtga foilous. Planning Coae#Pssion resolved a 1. This C*Wssion hereby specifically finds that all the facts set forth in the Recitals, part A, of this Resolution are true and 'correct. 2. Based upon substantial evidence present@,d ta th1g; COMMigion during hearing the above- referenced _Jury 2e, 19,27 , including the Witt" staff report, and the wrlttas, signed and verif.ad application cif thq applicant, Vtis COWSSIon hereby specifically finds as follow. a. The SM011cation applies to property located on the aauttrast corner of Foothill and Spruca on a lot presently Improved ad] structures and parking areas which constitute Harry C,4 R"taurant; b� The surrounding property is undeveloped, vacant land; C. The proposed entertainment, as Conditioned hereby, Complies with City of Rancho Cucamonga code requirerents i PLANNING COMISSION RESOLUTIONS No. ENTERTAINMENT PERMIT 87 -01 HARRY C'S June 24, 1587 Page 2 .Mr. a 3, based upon substantial evidence presented to this Caoission Wiring the above•raferencad ,dune 24, 1987 forting and upon the specific findings of facts set forth in Paragraphs i and 2 above, this Coalssior hereby finds and concludes as follows: (a) That the conduct of the establisnt or the granting of the application would not be contrary and s public fCalth, safety, earals or welfare; , (b) That the preaftes or establis1WWt era rot. likely to be operated in an illegal, i►'proper or disorderly'oanner; and (c) That the applicant has not had any approval, Permit or license iffisuaid in C"Ut Sion with the sale of alcohol or the provision air entertain=nt re 06d within the preceding five years, and d (d) That granting the application mould not create a public nulWca; and (s) That tho normal operation of the prawisea nya urng�s n crh D eL of �ndiredeti 1�1 nd (f) Thor applicant has not Bad% any false, a�isleading or fraudulent statsMt of material fact in the required application. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2 and 3 ab®va, this Commission hm approves t#e application subject to the followir conditions: a. This approval is for a disc Jockey doing vocals and peeving records for listening plasure and /or dancing. Expansion of the dance floor area, increase in the scale or intensity, or other modification of entertainment $hail require application for modification of this permit. b. All persons conducting a public dance or any entartairsent +:here dancing by patFNs or custo*ars is permitted, shall have in attendance at the prigises for -the purpose of supervising the dancing and the conduct of all PLANNING COMMISSION RESOLUTION No. ENTERTAINKENT PERMIT 87 -01 - HARRY CIS June 24, 1987 Page 3 m patrons and customers. 41 duly licensed and uniformed security guard at all tiaras such dancing9 is peraitted or allowed. However, the Is Om of this condition shall apply only where a dance floor or dance area in excess of ono: hundred fifty square feet is available or patrons. for dancing by customers 01 patrons. APPROVED AND ADOPTED THIS 24TP1 DAY OF JUNE, 1987. PLANNING COndMISSION OF THE CITY Of RANCHO CUCAE uy By r ! a rma ATTEST: +�+' r re ry Ah 1, Erad Buller, Deputy Secretary of the Flanni Cowmt nimncho Cucamonga, do h'30*by certify that the fa � ssion of the City of %ularly- introduced, Passed and a PWi� Aesolution was du''y and City of Rancho Cucamonga, at �D by the Planning Caamission. of the on the 24th day of June 1987 reQuaar e,'irtir3g of then Rtanning.gOWIssion held • , by the fol l ooe i q rote -to ri t: AYES: COW'SSIONERS: TOLSTOY, ENERICK, BLAKESLEY, CHMEA, HCHIEL NOES: COWSSiONERS: N ABSENT: CW S NNE t t i 4,14 K] CITY OF RANCHO CUCAMON'GA DATE: June 16, 1988 TO: Planning Commission FROM: Public Safety Comission ou ` SUBJECT: HARRY C'S RESTAURANT - ENTERTAIiMENT PERMIT At the r ,,nest of the Mayor, the City staff presented to the Public Safety Commission reports of law enforcement.. fire safety and related publ', safi%ty problems that have plagued Harry C's since its opening. On June 7, a h,las'ing was conducted on this matter. A copy of the sta,.f reports presenters to us on that date are attached. The Commission, iearned of the following areas of concern: 1, Excessive law enforcement resources that are being expended to police the establishment, particularly in connection with the providing of entertainment. 2. Repeated fire code violations and failure to comply with public safety provisions relating to crowd control. 3. The licensee's expansion of the scope of entertainment beyond that approved in their permit, without the consent or approval of the Planning Commission or Planning staff. 4. The habitual failure to pay city admission taxes in a timely manner. S. The failure to comply with landscaping requirements of the Planning Division. II. The Commission, after review of the staff reports, response by the licensee, his. attorney and landlord, and after discussion, unanimously adopted by motion the following findings: -� Harry C's Restaurant - Enteetainment Permit June 16, 1988 Page 2 FINOINGS OF FACT 1. The licensee has been the subject of persistent and repeated fire code violations which endanger the public welfare. Specifically,. the repeated blocking of hallways and exits. excessive occupancy beyond capacity limits, inoperative fire sprinkler gauge equipment, and failure to report a fire that occurred during business hours. 2. The licensee has personally been previously and repeatedly advised of fire code reg3irements and violations. 3. The lice?e_te has wilfully and repeatedly allowed an excessive and prohibited number of patrons within the entertainment area (bar /discos, creating a public safety crowd control and fire safety hazard. 4. An excessive and disproportionate amour:, of police time, manpower and resources have been expended to police patrons at the licensee's facility and to respond to calls for service. This drain on resources is above and beyond that normally expected in such an establishment, and has resulted in patrol deputies having to leave their assigned beats in the City, thus leaving service revels in those areas with an unacceptable level of protection in order to adequately deal with lati enforcement problems at the Aft licensee's establishment. S. The licensee's plainclothes "security" guards are grossly inadevyate and inappropriate for both the nature of the licensee's busines. ind the excessive amount of people attracted to the facility, both inside and outside the premises. 6. The above matters have been brought to the attention of the licensee by the police and fire ., ervice on numerous occasions, and a satisfactory level of cooperation and compliance has not been achieved. CONCLUSIONS The Public Safety Commission concludes that action by tha Planning Commission to modify, suspend or revoke the licensee's entertainment permit is needed inasmuch as the permitted business activity is being conducted in a manner contrary to the peace, health, safety and general welfare of the public. And, further, that the licensee is operating a permitted activity in violation of fire ordinances and the conditions of his entertainment permit. III. MOMMENDATIONS It is therefore recommended that the Planning Commission take action to impose the following conditions on licensee's entertainment permit: l a Harry G's Restaurant — Entertainment Pernit June 16, 1988 Page 3 1. A minimum of two uniformed, duly licensed and re lariy employed security guard om.a repo ble security firm be required to be an the premises from sanset until two hours after the cessation of any entertainment, At least pile of said guards to be and remain on duly in the parking and outside adjacent 'areas of the facility. 2. The hours and scope of entertainment permitted be rgstricted to reduce the number of- patrons who loiter after hours in parking and outside areas of i the facility. 3. Such. farther conditions as the fi a and police specifically request td' eliminate, minimize or Litigate the public safety problems associated with r the providing of entertainment by the licensee. 4. It is further recommended Atiat the Planning Commisxitin not grant additional grace time or delay the Vicensee for the purposes of code compliance with fire regulations and other public safety requirements, and that the continued failure to maintain the minimum public safety requirements of the licensee's entertainment permit result in the pes'manent revocation thereof. - . CAB /dja E Enciosad AWL RESOLUTION N0. A RE'Sd.UTION OF THE PLANNING COPSMISSION OF THE CITY OF RANCHO CUCAMONGAt, CAL,TE`RNIA, MODIFYING ENTERTAINMENT PERMIT 87-01 FOR HARRY C`J RESTAURANT /NIGHTCLUB LOCATED AT 30877 FOOTHILL BOULEVARD A. 2ecitals. (1) On June 24, 1987, this Commission adopted its Resolution Nu. 87- 102, thereby approving, subject to specified conditions, vocals for dancing in the Harry C's Restaurant an `he southwest corner of Foothill Boulevard and Spruce Avenue. A true and complete copy of said Resolution is attached hereto as Exhibit "A" and is incorporated herein by this reference. „ (ii) On June 7, 1988, the Public Safety Commission for the C,a Y of Rancho Cucamonga publicly conducted a hearing to review the report!, of law enforcement, fire safety, and related public safety, problems and re;,•ts of eXPa!Sion of the scope of entertainment beyond that approved by this Commission and recommended that additional conditions of operation be im „Fca on Entertainmert Permit No. 87 -01. A true and complete copy of the Pob) i Safety Commission findings are attached hereto as Exhibit "B" and s incorporated herein by this reference. (iii) On June 24, 19881. Harry H. Chan applied for an annual renewal of the Entertainment Permit, gas required by Rancho Cucamonga Municipal Code Section 5.12.110, which included a request for expansion of the nature and scope of the entertainment. (iv) On July 13, 1988, this Commission conducted and concluded a d0y noticed public hea.,ing to determine whether substantial evidence e to support revocation of Entertainment Permit No. 87 -01, xisted occurred. (v) All legal prerequisites to the adoption of this Resolution have 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 substantial evidence including written staff reports and further testimonial evidence presented Eby the She l ff's Department and Foothill Fire Protection District during the public hearing described in paragraph A. (iv), above, this Commission specifically finds that violations of Condition No. 4a of Planning Commission Resolution No. 87 -102, violations of Rancho Cucamonga Municipal Code Section 5.12.100, subsections (2), (4), and (5), and violations of Rancho Cucamonga Municipal Code Section 3.36.050, have occurred since the adoption of Planning Commission Resolution No. 87 -102, contrary to the peace, health, safety and general welfare of the public. A-7 PLANNING COMMISSION RESOLUTION M0. RE: EP 87 -01 - HARRY C'S July 27, 1988 Page L E 3. Based upon violations identified above, this Commission declines to revoke Entertainment Permit No. 87 -01; however, in order to insure future compliance with the conditions and City regulations identified in paragraph r, above, this Commission hereby modifies Entertainment Permit No. 87 -01 by adding the following conditions: a. The Secretary of this Commission is hereby directed to set a public hearing for a regular meeting of the Commission, approximately 120 days after the date of adoption of this Resolution, to further consider modification, suspension, or revocation of Entertainment Permit No. 87 -01. At such time, this Commission shall review the operation of the permittee'�s business to determine whether it is being aperated consistent with the conditions of approval and all other City regulations. b. No expansion of the entertainment permit is allowed. C. A minimum of two uniformed, duly licensed and regularly employed security guards from a reputable security firm shall be required to be on the premises from sunset until two hours after the cessation ^f any entertainment. At least one of said guards to be and remain on uuty in the parking and outside adjacent areas of the facility. 4. This Commission further finds that all conditions previously imposed by Entertainment Permit No. 87 -01, and Planning Commission Resolution No. 87 -102, attached hereto as Exhibit "A ", shall continue in all respects and with full force and effect. S. The Secretary of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONG4 BY: Larry -e , Chairman ATTEST: Brad Buller, Dep —arm ry I, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the roregoing 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 27th day of July, 1988, by the following vote -to -wit: AYES: COMMISSIORERS: NOES, COMUSSIOUERS: ABSENT: COMMISSIONERS., �q —1 DATE: TO: FROM: BY: SUBJECT: — CITY OF RANCHO CUCAliONGA STAFF RFPORI! "r July 27, 1988' Chairn;an and Members of the Planning Commission dead Buller, City Planner Chris Westman, Assistant Planner ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 88 -15 DESIGN e development or a 1,70ju square f-oot res aurn .38 acres of land within the Offic% Professional; District, located at the northwest corner of Arrow Route and Archibald Avenue - APN: 208 - 81148. VARIANCE 87 -06 - DESIGN COOPERATIVE - A request to allows a reduction in the required sf a —side bu)iding setbacks and the average landscape setback for a 1,700 square foot restaurant on 38 acres of nand within t'ie office/ PrLfessional District, loz&ted at tho northwest -orner of Ar,ow Route and Archibald Avenue - AP". 208 - 813 -58.. As directed by the Planning Commission at the July 13, 1988 meeting, Resolutions of De: ;dl hav, been prepared for DeVelopment Review 88. -i6 and Variance 67 -06. The direction was a unanimous vote by the Planning Commission. RE u11y i tted, Br-a er City Pl nne;- 86:CW:te Attachments: Resolution of Denial DeveTIrment Review 88 -15 Resolution of Denial - Variance 87 -06 AM RESOLUTION N0. A RESOLUTION OF THE RANCHU CUCAMONGA PLANNING COMMISSI0N UENYI1JG VARIANCE NO. 87 -06 TO ALLOW A REDUCTION 1N AVEPAG LANDSCAPE AND BUILDING SETBACKS LOCATED AT THE NORMWEST CORNER OF ARROW ROUTE AND ARCHi3ALD AVENUE IN THE OFFICE /PROFESSIONAL DISTRICT APN: 200- 811 -58 A. Recitals. of (t) Design Cooperative has filed an application for time approval Here�inafterein this BResolutiondetheisubaect Variance tree quest 7sis•efResolution. "the applieatior,". '' (ii) On the 27th if duly, 1988, the i�ranning Corvission of the r:it} of Rancho Cucamonga conducted a meeting on the application and ccnciuded said meeting on that date. (iii) All legal prerequisites to the adoptica of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, d�etermiped and rcavlved 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. Burin the. a -e4 --NOT! substantial evidence presented to this Commission argil staff re a •iced met Ling On dull 27, 1988, including written Tina =is CO3MISSion hereby specifically finds as follows; (a) The application applies to property located at the northwest corner of Archibald Avenue and Arrow Route with a street frontage %idth Of 90 feet and lot depth of 180 fdet; and (b) The subject Property is 16,200 square feet in area; (c) The property to the north of the subject site is a nor, conforming single family residence, the property to ";e sou%h ur tiaf; site consists of an industrial park, the property to the Past is a single farms.,- resideiltial tract, and the property to the west is ,a gas station; and for a 1,700 square foot re0 The anion is ass. ^.stated with a development proposal ., and reouired building setback nand ca 7efoo, reduction in thet averastron ithe set -,ack on Archibald Avenu a landscape e. g ;� c PLANNING COWISSTuN REso'WrION NO. VARIANCE 87 -06 - DESIGN COOPERATIVE July 27, 1988 Page 2 3. Based uVii the sw�,tantial to this during the above -ref enced meeting and t ponenthepspecific findings oaf � facts set forth in paragraph 1 and 2 above,_ th {.: Com. ission hereby finds and concludes that although it has bean recognized that there are unusual physical restraints and extraordinary development standards unique to this property: (a) That approval of this Variance would be inconsistent with the objectives of `she General Plan and Gevelupment Cod„, and (b) That there are exceptional' circumstances j applicable to the property that do not generally apply to other properties in the saute area•, and (c) That literal interpretation and enforces cent of I the specified regulation would nct deprive the applicant of privileges enjoyed by the owners of other properties in the same district, and (d) That i:onsiderfog the extent of the request, the granting of this Variance would constitute: a grant of special privilege inconsistent with the limitationr, on other properties classified in the same district; and (e) That the granting of this Variance would be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4, Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this COMission hereby denies the application. 5. The Deputy Secretary to this Commi`sio;I shell' certify to the adoption of this Resolution. 1 APPROVED A;N9 PAPTED THIS 27TH DAY OF JULY, 1988. PLANNING cowrssiON ov ?HE CITY OF RANCHO CUCAMONGA BY: arry et, Chairman ATTEST: ra u er, epu y �ecr�±�ary D PLANNING COM"1SSION RESOLUTIM NO. VARIANCE 87 -05 » DESIGN COOPERATIVE July 27, 1988 Page 3 1, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution wss duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of 'zhe Qianning Commission held on the 27th day of July, 1988, by the following voteePlanni AVrS: cowiSSrONERS: NOES C OMI S Si N 0 ERS; ABSENT: CLOMISSIONERS: y RESOLUTION ENO. A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION DENYING DEVELOPMENT REVIE,i NO. 88 -15, LOCATED AT THE NORTHWEST CORNER OF AkROW ROUTE AND ARCHIBALD AVENUE IN THE OFFICE /PRgFESSIaNAL DISTRICT - AoN: 208 - 811 -58 A. Recitals. (i) Design CooperatlVe has filed an application for the approva. of Development Review No. 88 -15 as described it the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application". „ (ii) On the 27th of July, 1988, the Planning Coinnission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (iii) All legal prerequisites 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 CoMsission hereby spjccifically finds that all of the facts set forth in the Recitals, Part A, 0 this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above - referenced, raeting on July 27, 1988, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application aPies to property Located at the northwest corner of Archibald Avenue and Arrow Route with a street frontage of 9U feet and lot depth of 180 feet and is presently vacant; anL, (b) The property to the north of the subject site is a non- j conforming Single Family Residence, the property to the south of that site consist` of an Industrial Park, the property to the east is a Single Fancily Residential tract, and the property to the west is a gas station; and (c) The application has are associated Variance request. 3. Based ;span the substantial evidence presented to this Connission during the above - referenced meeting and upon the specific findings of facts set forth in paragraph 1 aid 2 above, this Commission+ hereby `Finds and concludes as follows: (c') That thr propot,,- is not consistent with the objectives o°; the General Plan, and 't M PLANNING COMMISSION RESOLUTION NO. OR 88 -15 - Design Cooperative July 27, 1988 Page 2 Ash (a) That ttte proposed use is not in accord with the )bjecvivz of the Development Code and the urposes;of the district in which the site is located; and (c) That the proposed use is not in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed use, together with the conditions applicable thereto, will be , detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby denies the application. 5. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMOtGA BY: arry . MEMO, Chairman ATTEST: ra 009r, DepuFy SecretaryL Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was Guly and regularly introduced, passed, and adopted by tiro Planning Commission of the City of Rancho Cucamonga, at a regular meetirg of '(a,.: Planning Commission held un the 27th day of July, 1988, by the following vote- to -wit: AYES: C"ISSIONERS< NOES: COMISSIONERS: ABSENT: COMMISSIONERS: Ll DATE: TO: FROM: BY: SUBJECT: — CITY OF RANCHO CUCAMONGA, STAFF REPORT July 27, 1988 ` Chairman and Members of the Planning Commission Brad Buller, City Planner Chris Westman, Assistant Planner ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW :88 -18 dam , ►an DDT CREEK - ine aeve7o;yr-en o a manufacturing an office building otaling 46,78t square feet on 4.23 arses of land in the Industrial Area Saecific Plan (Subarea 14) located on the west side of Santa Anita Avenue, north of 4th Street - APN: 229321 -12 I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Issuance of a Negative Derlaration B. Surrounding Land Use and Zoning, North - Industrial; General Industrial (Subarea 14) South - Vacant; General Industrial (Subarea 14) East - Industrial; General Industrial (Subarea 14) West - Flood Control; General Industrial (Subarea 14) C. General Plan Designations: Project Site General Industrial Morth - General Industrial South - General Industrial East - General Industrial Wst - -General Industrial D. Site Characteristics The site is currently vacant without s gn cay`;` nivege s on, The property is located within a Flood Zone A and abuts a proposed rail spur at the most westerly boundary. The natural grade slopes to the south, Street improvements have not been completed along Santa AnQta Avenue. ITEM D PLANNING COMMISSION STP; F REPORT DEVELOPMENT REVIEW 88 -18 - COLAVIN DAY CREEK Jul- U. 1988 j P ° F. Parking Calculations: Number of Number of Type Square parking Spaces Spaces of Use Footage Ratio Required Provided Office 6,000 1/250 24 24 Manufacturing 49,788 1/500 82 82 Total Tw Mr II. ANALYSIS: A. General: The project site is located adjacent to a proposed rail[ spur and therefore is required to be designed in a way to provide for rail service. The site is aTvo located within a Flood Zone A which makes the westerly portion of the site undevelopable at this t- -ape. When Day Creek Channel is completed the physical cwistrAiints for development will be lifted for this and adjacent properties Should the applicant choose to expand the project after the Completion of Day Creek it Would be appropriate to pursue the rail service requirement. B. P_,sign Review Committee: The project was reviewed by the d-e-s-7gn eview .ro-m ee Blakesley, Tolstoy, Coleman) on July ', 1988. The Committee made the followifig recommendations for Conditions of Approval: 1. A line of site study should be prepared to determine the extent of a required screen wail along the south property line to screen loading area from Santa Anita. 2. An additional 5 feet of landscape area should be provided adjacent to the south building face at the east end.. 3. The entry w1ks should be reconfigured to accowodate the easterly parking row adjacent to: Santa Anita. 4. The trash enclosure should be relocated closer to the building and be designed to allow for access other than through the metal gates (pedestrian access). 5. The architectural reveal grid pattern should be applied to all corners of the building. 6. Canopy trees, shrubs, groundcovers; tables and benches should be provided at the plaza area. Ir PLANNING COMMISSION STAFF REPORT DEVELOPMENT REVIEW 88 -18 COLAVXN DAY CREEK July 27, 1988 Page 3' 7. Accent planting should be provided at Ue project entry. C. "'ethnical Review Committee: The Committee reviewed the project an made reCOMMe-n-d-ation for special conditions as follows I. An in -lieu fee as contribution to the future undergrounding of th,O existing overhead utilities should be paid to the City prior to issuing building permits, D. Environmental Assessment, parts 1 Z:nd 2 of the Initial Study avT a e"en comp a an possible ivegcts from hydrology were determines The applicant c- mrected to prepare a flood study which was subsequently reviewed by the engineering staff. Mitigation masures have been determined from the study and have bQen designed into the project. Therefore there will not be significant effects to the environment in connection with the development with this project. III. FACTS FOR FINDINGS: The proposed use is consistent with the Geeneral Plan and"inmistrial Specific Plan. The building design and site plan together with recommended Conditions of Approval are in compliance with the Industrial Specific Plan. IV. RECMNDATION: Staff recommen(is that the Planning Commission sssue a eSaR ve Declaration for envelopment Review 88 -18. Res y 77 submi d, pe Bra u r " City P nner 3R:CW:mlg Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" Elevations Exhibit "D" Landscape Plans i 1 I iq f L f t I. f i a , ' IU co n) z tit CITY CF ITEM: ,TY- 99�-U?P RANUIO CUCA TrrLEt Wry o., t,. P EXHIBIT. SCALE. Nco PLANNING DIVISION t�. �� 4 CL I S✓ i 4 ,. 0i 171YfJOp'YQSY t 4s. i7i s i { i r - -- - - • -sz � 71 - � , Y _ -_- - -- - -' IYU Ala- � w t -i -t i 11.VAf• Att1 '~ �e [A .r - OrIgirial Poor MWEPw f Guy nTma V 6A I f t I" i CITY OF RANCHO CUCAMONGA STAFF REPORT 11 1 ma DATE: July 27, 1988 TO: Chairman. and Members of the Planning commission FROM* Brad Buller, City Planner tsy: Chris Westman, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL 11SE PERMIT P$ -25 - U.S. EQUITIES - Fhe reques o estab s Ono fice n. j - lease space of-19LT4 square feet within an existing industrial park in the General Industrial DIsIrict (Subarea 11) located at the northeast corner of Utica Avenue and Sixth Street - A 411-17, WN: 209 - The applicant has requested another continuance for this Item. A parking study is being prepared which will be submitted In support of tha it R Pectfully;s mnitted, Brad Bu er City PlInner ITEM E -I B• �r CITY OF RANCHO CUCAMONGA / STAFF REPORT DATE: July 27, 1988 It TO: Chairman and Members of the Plaaning Commission FROM: Earrye R. Hanson, Senior Civil Engineer SUBJECT: MODIF. ".ATION TO TENTATIVE TRACT 13271 - LEWIS HOMES - A request to delete a condition o approve requ r ng lie construction of Milliken Avenue from Base Line Road tommeeFoothill Boulevard for a subdivision approved 1 acres wi ht,.othe Medium fd -1 residential units per acre) Lanni Use Designation of the 'terra Vista Planned Community into 128 toiwahoL.;e condominium units on a single parcel, located at the nor0west corner of Tetra Vista Parkway and Milliken Avenue _ APR 1077- 091 -29. 1. BACKGROUND.- Tentative Tract 13271 was approved by the Plannin. Commission on Augut 26, 1987, subject to a condition of approval requiring the construction of Milliken Avenue. fr<m Base Line Road to Foothill Boulevard, condition (b) i.a. of the approval resolution (sopy attached). The Developer is requesting that 'this condition be .Modified or waived 'refer to letter attached). II. ANALYSIS: in May 1987, the Engineering Division d€veloped the STRErr IWROVE14ENT IMPLEMENTNtION POLICY for the Terra Vista Planned Community (copy attached) because of City Council direction to reduce the amoue f partial street construction being experienced within the City aria, isu particular, to encourage the construction of Milliken Avenue to relieve traffic on Haven °.yenne. The Planning Commission approved the policy in concept on May 27, 1987. The policy esseatially requires that streets be constructed full width for defined lengths when development occurs within designated subareas of the Planned Community. Approximately one half of this project is located within subarea 10 which requires that Milliken Avenue be constructed full width from Base .ine Road to Fnothill Boulevard; tnerefore the condition is consistent sith the policy. ThA Developer has sxated hrea reasons for requesting the condition modification: 1. Caltrans approval is required for the Milliken /Foothill Intersection resulting in c tints dcllay. ITEM p PLARNIN6 COMMISSION STAFF REPORT Tract 13271 - Lewis Homes July 27, 1968 Page 2 2. The park /detention basin issue needs to be resolved prior to complet ng the design -for '!illiken Avenue; and 3. This project has two means of access without Miliiken Avenue being extended to Foothill Boulevard. Reasons l and 2 are merely items required to be completed in tle course of the Planned Community's development; therfore staff doffs not consider them to be legitimate reasons for granting tta requested modification. Reason 3 has some merit in that the project itself would have reasonable ., access by way of ierra Vista ParkvAy aad,(if the condition. is modified) the portion of Milliken AvenL from Terra Vista Parkway to Base Line Road. None the less, staff is concerned that, if the request is granted, it will encourage similar requests in the future. If the Commission should decide that a modification is appropriate, then staff would suggest that it be accomplished by adding a subsection "c" to condition (b) I. to read as follows: c. Occupancy of the first phase containing 40 or less units shall be dependent upon completion of only the Portion of Milliken Avenue from Base Line Road to Terra Vista Parkway including the Base Line Road traffic signal. This modification wa.! ;ld allow the Developer to build the first phase containing 40 or less units and defer the portion of Milliken Avenue south of Terra. Vista Parkway to {,he second phase. III. PICMNDATION: Staff recommends that the appeal by denied therefore upholding the requirement to construct Milliken Avenue from Base Line Road to: Foothill Boulevard. A resolut {on reflecting tNe Commission's action will h,t� brought back on consent calendar at the next Planning Commission meeting. Respectfully submitted, &444 BRH:sd Attachments: Location Map (Exhibit "A") Detailed Site Plan (Exhibit "V) J Previous ,Approval Resolution Developer's letter aarlementation Policy i i 1 w LEGEND: PROJECT STATUS In Process FM P C Approved! Recorded 5 Finaled STREET STATUS x HEY—Fig Pavement d® ® Required for this ProjeLu WITS e T *r F- 41-�!, /A9C LIFR ROAD '117 li avome maax � � e, ` , O a • o O� r y� � a. 'f �� � *�' ° � /' a Y "'1 °. ° • D Otf to t.. ° ° ° � 1 � j o e • V A PA[X7AY kl {NOM l CITY OF RAINCHO tit: ' � f: ,ga s:-- ' PLANNING DIVA EXFIIJU't': o SCALt. Lewis Homes Management Corp 1138 North Me"U"TAYt tig / P.O. D,.a 670 / UpLand CaOlomla 91765/714 986.0971 June ?4, 1988 8 JUN °4 1988 OF RANCHO CUCA,95r4r Eh(;iNEFklh6 DIVIS.tr- Mr. Ruseell H. Maguire City Engineer Oity of Rancho Cucamonga P- O. BOX 807 •r Rancho Cucamonga, CA 91730 Subject: Request for Modification Of Conditions. TTR. 53271 Dear Puss: Per our telephone discussion yestOmday, ,. formally apg'y far a Request for this letter is to Comisrsion Resolution Mm. g, -149 1tc�l"'cation to Planning gnvernang our tehtsltive tract , adopted August 26, 1987 saeking relief fro 1 t}ZrQ 13211. specifically,: . we are (.B) (S) (b) (i) (a) st; tin s°ndit on .a.m —bad by paragraph constructed full widths between tBa e that Line1 Road Avenue hill Boulevard prior to occupancy of this tract, request to you after having talked with Xr. Dan C l�nsending tthe :Planning Division who felt that it was not nacessrary for that diva ion to be involved in this x2tter. st you know, there are several .reasons 'for cur request stemming from the fact that wa would like soa a�ssance all rncefving occupancy on our tract if we begin coi:stasurion, of Problems that cannot no, be given with th6'condition as -is. The Prohletnes with the condition of Milliken Avenue having to be built to Foothill Blvd. are the following: 1- Fdo i,>�etBL for the cO:1struction of the Milliken Avar:ue Foothill BL intersection is dependent upon Coltrane review. As of this date, caltrans has not accepted, any plans far review until a Project Report has been caned and and approved. That Project RaPart, being by Caltmlins, is anticipated to be approvers by the end of ,Tune. This would lead to obtainin a written e. Foothill Bl+d, g Pproved construction plans for this including this intersection, by the end of year. June 24, 1988 Mr. Russell H. "a i =age 2 .e qLt re 2 • The timetable for between 14ounta `, View Drive c6nstruction of M311ikE #n Avenue dependent upor. r4solution of and Foothill Boulevard is Until this is$v is the park /dette�ticn basin . for this section 8 resolved, the atrest improvement pla. Yet be of heck ro Avenue are on bald and have not begun taae plan` check Plans h _ Asa- oceRS. TTR 13271 is n 7t dependent upon Yfi3� �:lren Avenue south of Mountain View Drive for access as Terra vista Parkway it already has twa alternativ nort, to Base; Y West to Spruce Avenv�e sand Milliken Venues the Park/detention basin .tom 13.2:71 also is not de per Avenue tract drains to the �ilaad handle its ;storm evain needseas this Creek Channel. We thus ®Y +existing storm drain ling a Deer for phase 1 which vf, Pase that for this tract, in eig' Dee conditian that :oil11kc�a Avenu be aineatalled between Foothill Plvd. pproximately 38 Units, 'the and Base Li' Road be modified or . waived to allow for Planning We are hoping we can eat Planning commission on Jul;.., 13 and the City Council subsequent he that if re � a hearing before the quired. Tf you have an fu to ."formation Y 'der questions with this request or need more " Please do ?not hesitate to call me. ThanY� yaur help in this mati;er, you for Six�carely, 1 LEWIS HO MS M"AGEMENT Cor J Ken Nishikawa Project Development i i /jh cc: Mr. Richard Lewis Mr. Ge r iv Bryan Mr. Don Th;mpson RESOLUTION NO. 87 -149 A RESOLUTION OF THE PLANNING COM:SSION OF THE CITY OF RANCF10 CUCAMONGA APPROVING TENTATIVE TRACT MAP N0. 13271, LOCATED AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND TERRA VISTA PARKWAY IN THE MEDIUk RESIDENTIAL DISTRICT - APN' 1077- 091 -29 A. Recitals. M Lewis Homes has filed an application for the approval" of Tentative Tract. Map No. 13271 as described in the title: of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map referred tows "the application°. requeut is (ii) On the 26th of August, 2987, the Planning Commission of the City of Rancho Cucamonga conducted a duty noticed public hearing on the application and concluded said hearing os that date. (iii) All legal prerequisites 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 corrsct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on August 26. 1987, including written and oral staff reports, together with public testimony, this Commmuission hereby specifically finds as follows; northwest corner of Millike piAvenuena dpTerra VistaoPtrkwayawith a street frontage of 533 feet and lot depth of 899 feet and is presently vacant; and residential (b) The property to the south and wrist is zoned for uses and is a developed with single family residences and is vacant, respectively. The property to the north is `oned for park uses and is vacant. The property to the east is Zoned for office park and neighborhood commercial uses and is vacant. 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 paragraph 1 and 2 above, this CommisSpecific ion hereby finds and Concludes as follows; F-7 PLANNING COMISS: RESOLUTIOld NO. TT 13271 Lewis names Augus -y 26, 1987 Page 2 (a) That tentative tract is consistent with the General Plan, Development Code, and sp(, ific plans; and (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; and (c) The site is Physically suitable for the type of development proposed; and (d) The design of the subdivision is not likely to , cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and (e) The tentative tract is not likely to cause serious public healtn problems; and (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of thO property within the proposed subdivision. - 4. This Commission hereby finds and certifies that the project has been reviewed_ and cosideeed in compliance with the California Environmental Quality Act of 1970 and, further, th DecTara' ion. is Commission hereby issues a Negative S. Based upon the findings and conclusions set forth in paragraph 1, Z and 3 above, this Cameeission hereby approves the application subject to each and attar Condition set forth b•.low and in the attached Standard Conditions attached hereto and incorporated }erein by this reference. (a) Planning Division. I. Decorative, texturised pavement shall be provided at alt driveway entrances and c driveways. Final detaiis and *location os shallobe included an the landscape and irrigation plans, subject to review and approval by the Planning Division. ii: All trash enclosures shall be lattice work or Similar shaded v str�e overhead' r satisfaction of the City Planner. cture to the iii. Construction details of the recreation building and /or all shade structures shall be included in the construction drawings, subject to the review and a` Planning Division.. pproval of the iv. All retaining wails sr hall be ecorativel tr i to review and approval by the Plasinina niviceated, subject ``z, PLANNING COWISS; RESOLUTION NO. TT 33271 - Lewis Homes August 25, 1987 Page 3 V. Final de3igtr details of the perimeter trails /fiances shall be included as part of the landscape /irrigation plans, subject to the review and approval of the Planning Division. vi. Lowe level lighting shall be provided in all Open space areas. Desiop details shall be included on the derail lighting elan subject to raview and approval of both ,the planning' "vision ai4 the Sheriff's Department p;-ebr to the issuance of building perptts. F vii. All outdoor mail box locations shall be PPovided with a solid overhead structure and appropriate lighting. The �,. final design of any free standing structure shall be compatible with the building Oft- hitecture and shall be includ63 in the cor t: Xtion drawings, subject to the review and approval of the Planning Division, viii. A fence enclosed tat lot with active play e4.ipsent shall be provided. location and design details shall he included in the lands cape /irrigation plans, subject to the review and approval of the Planning Division. ix. An acoustic steady shall be submitted in reaference to Milliken Avenue and Base Line Road and aill mitigation measures complied with to the satlgfamtarh of the City 9lanner prise to issuance of Wilding permits. X. The correct number of parking spaces shall be shcwvi on the Qattiled Site plan prior to issuance of grading permits. xi. All re,,-,. 3nd side elevation$ that are adjacent to parimeter streets shall receive enriched molding details and bind mullicnst i xii. Street iwprpv"ents, parkway landscaping grid Terra Vista M"umntatian at the southwest corner and along he entire street frantage! ZV the Office Park parcel t Base Line Road and Milliken Avenue shall be constructed with Tract 13271 and be coMpleted prior to final ocCupanc .r of said Tract. tbl Engineering division. f i, The following streets shall be constructed full width for the stated limits except that off-site sidewalks and parkway landscaping May be def+trred until dhvoloprent of the adjacent property: a. Milliken Avenue from Bast Line Road Foothill Boulevard; and PLANNING COMISSI RESOLUTION N0. TT 13271 - Lewis Homes August 26, 19V Page 4 b. Terra Vista Parkway from Spruce Avenue to Milliken Avenue except for portion already improved if. An in -lieu fee as contribution tot he future undergr04nding of the existing overhead utility (COMM nications and electrical, rxcept for the 66KV electrical) On the OPPOSIte side Of Base Line Road shall be paid tot he City prii.r to the approval of the final map. The fee shall be one -half the City adopted unit amount timer tile. length of the proq the frontage. e. fill. A minimum of 50, fry the curb to the first parking space perpendicular to the driveway Oft Terra Vista Parkway shall be prOV14ad. 6. The Deputy Secretary 20 tldis. CoNSivion shall certify to the adoption of 'this Resolution. APPROVED AM ADOPTED THIS 26TH DAY OF AUGUST, ;1987. PLANNING COWISSION OF THE CITY OF RAMC:XO Ci9CAtON6A BY: a rman ATTEST: , re�ary I, Brad Buller, Deputy Secretary of tha rianning Co fission of the Cfit�r Of Rancho Cucamonga, do hereby certifY shat 'che for Resolutdcn sas duly and regularly intpoducad, :,: ,ed, and 1�, City Of Rancho Cucae<tngzra at a re9r r''af tfing of* theaPlanning Ca�lisaian held On the 26th day of AUgpsts 1987, Lr the foil0 ing Ote- to -ettt AYES: C0W'S$!0NERS: EMERICK, CHITIEA, BLAKESLEY, 14CNIEL :'DES: C0W'SS'UMMSQ BONE ABSENT: CfiMISSIOWERS: TOLSTOY CITY OF RANCHO CUCAtg0NGA - ENGINEE12iNG DIVISION TERRA VISTA PLANNED COMMUNITY STREET 1WROVE?aT IMPLeUTATION POLICY Projects within Terra Vista shalt be re wired to construct street improvements as Follows: e w 4 p ments A. Streets adjacent to projects shall be constructed full w i dth to include curb on the opposite sides. 8 Streets shall be extended (furl width) off -site far enoug% to Prov41de two means of access. C. Projects within the individual BevelOWent Areas shown shall Construct the sporifiG street on the map blow segments designated as follows: AREA -TREET SOFmcm l Foothill - Haven to S ruce and Haven Z Foothill - Haver to Milliken F06ShTTr to Town Center 3 Foothill Haven to Rochester 4 Rochester - Foothill to Poplar 5 Rochester - Foothill to Church 6 Rochester - Church to .Base Line i Base Line - Milliken `:o Rochester 8 Base Line - Milliken to ituntain View 9 Same as adjacent Berea depending upon where access is taken. 10 Milliken - Foothill 11 to Bas% Line Spruce - Foothill to Elm 12 Most of this area i5 already conditioned or developed. 13 Haven - Church to Base Line NOTE: Projects that cross area boundaries (at corners in shall construct oll segments required for each affected area. area LEGEND - area boundary 16 area number r .... -� //•�� � *000 Hpq 0 11 CITY OF RANCHO CUCAMONGA S TAFF REPORT DATE: July 27, 1988 TO: Chairman and Members of the Planning Commission I FROM: Brad Buller, ;^ty Plann¢r BY: Cynthia S. Kinser, Assistant Planw,, SUBJECT: ENVIRONMENTAL ASSESSMEilT AND CONDITIOkAL 115E PERMIT 88 -30 - ., e quest es A is a medical i ing service in a leased space ndust of 1,976 square feet within an existing multi- tenar +t irial park on 10.17 acres of land in Subarea 2 (General Industrial) of the Industrial Specific Plan located at 9187 Arrow Route, Suite '200. APR 209 - 012 -19. I. PROJECT AND SITE DESCRIPTION: A. Action Pe guested: Approval of a non - construction Conditional use Permit anti Issuance of a NegT' •e Declaration. B. SurcouMing Land Use and Zoning: North - Apartments, Bear Gulch Park; Medium Residential (8 -14 dwelling units per acre) South Vacant, Industrial buildings; General Industrial East - Vacant, Industrial buildings; General Industrial West - Industrial buildings; General Industrial C. General Plan Designations: Project Site - General Industrial North - Medium Density Residential (8 -14 dwelling units per acre) South General Industrial East - General Industrial liest - General Industrial D. Site Characteristics: The proposed use is located within an existing mu i- enan industrial center which is primarily vacant. ITEM G PLANNING COWISSION STAFF REPORT CONDITIONAL USE PERMIT 88-30 - SCHNEIDEWIND July 27, 1988 Page 2 La E. Parking Calculations: Number of Number of type Square Parking Spaces Spaces 0 Use Footage_ Ratio Required Provided Inland Medical Billing. Service 1,976 1/250 8 8 F. Aeplicaable R�e�gulat ons: The Industrial Specific Plan (Subarea , Z)allowsBusines- "°sSupport Services, subject to the approval of a Conditional Use Permit by the Planning Commission. 11. ANALYSIS: A. General: The proposed billing office will operate Mon(Oay tfF5 gfi Friday 8 :00 am to 5 :00 pm and will be closed an Saturday and Sunda,,> There will be a total of eight employees (see Exhibit V')., B. Issues: The primary issues related to locating this type of use within an industrial setting are compatibility with surrounding business an -i parking availability. The majority, of the center is currently iacant; however, future compatibi:;Fy p°oblems an: not expected. The Development Code requires one parking space per 250 square feet of office use. This results in a requireme►tt for eight parking spaces. Multi tenant industrial uses are required to be parked at a ratio of 1 space per ~00 square feet. Building 3 requires 77 parking spaces; however, 84 were provided. The proposed office currently has 5 spaces provided. By utilizing 3 of the 7 extra spaces provided, the office will meet its parking requirements of 8 spaces. The Foothill rise Protection. 'District has reviewed this application and has no comnetit at this time. III. FACTS FOR FINDINGS: 1. That the proposed use is in accordance with the General Plan, the ob,'actives of the Development Code, and the purposes of the Industrial Specific Plan Subarea in which the site is located. 2. That the proposed use will not be detrimental to the public health, safety or welfare, and material injurious to properties or improvements in the vicinity. PLANNING COWISSION STAFF REPORT CONDITIONAL, USE PERMIT 88 -30,- SCHNEDEWIND July 27, I9 Page 3 3. That the proposed use complies with each of the applicable provisions of the Industrial Specific Plan, IV. CORAESPONOEPiCE: This item ha-, been advertised as a public ;^QWng in I e a Deport newspaper, the property posted, and notices sent- o aTiproperTy' owners within 30C feet of the project. V. t1ECMENDATION: tised upon the above ana:llsis and f Cts for `Yind�n g$, staff reCvamends the Planning Commission approve the Conditional Use Permit 88 -30 through issuance of a negative Declaration and adoption of the attached Resolution. AResc su d BB :CK :mlg Attachments: Exhibit "A" .. Letter from Applicant Exhibit "B" - Location Map Erhibit "D" _ Floor Plait Resolution of Approval � s wk MESSENGER /NVESTMENTCOMRANY June 29, 1988 Ms. Nanr�, Fong City of Rancho Cucamonga Planning Department 9320 -C Baseline Rd. P.O. Box 807 Rancho Cucamonge, California :,I730 RE: ARROW BUSINESS PARK Dear Nancy: Attached }Tease find a Conditi anal Use permit Applicatif�l., for a tenant who could lilze to locate within the Arrow Business Parts. W- knish th a116 "` -cegory schneidewind and Jacqulire Schne4A;dewind, owners of Inland Medical Billing Service, to locate their business within. Building 3 of our project. tinder the conditionally permitted uses for Sub Area 2, this would fall under the category of Business Support Services. The tenant would Uke to lease appyaximatsly 2,000 square feet within our project. As you can see from the attached tenant imp.- ovement plan, the improvements required for the space a;e very limited. Inland ,lr'icai Sill3ng Service is in the business of conducting insurance billing services and providing ,:;omput--r services fox doctors in the local area- T11ey have no co..tact with patients except by mail. There is no walls -in business and the billings, statements and reports, etc. are typically handled by mail. Inland Medical Billing Service has been located in the City of Rancho Cucamonga over the past several years. The hours operation for Inland Medical Billing Service will be as follows: Monday through Friday: 8:00 a.m. - 5 :00 p.m. Closed Saturday & Sunday iota?. v mployses = 8 '69i2•A Von Korman A, enue. irvine, CA 92714 714.474.1300 11 it"'M I.s. I�ancy Foncss 7arninz Department 'une 29Q 1583 Page wo .Ge3o chosan t ns t.-,> 44, our Project for ?e ErimarIlYr War location offers ri�cZosa proximit;* to hie 4itiQnts °n Rancho Cu"Amenga. second y, the acre a fo Ii s, h U3 A a--4 and Arrow R;�t�te are rlso ,ffe,rd b12 to sais buoiaes3. af�crt3at�� lity cf the ripaoa and a ,d g � feels :he overall develop�ert at � :o high a'ualitY Of the bene2it his btisinesen Arrow Business Park cril:l greatly I have J,tagluded the gojlowj3lq items with thin lette Anr this Conditional Ube �armi, r ppl;ioa'thi ett checkli s�:� your 10 Uniform A5?� z-si.cati.on 2. Fart I r the Initial study 3. f a %G" at 1112 sitA Plana aInd 2cur ti4) 4. This Zat1" tenant imprOvement floor Plans. 5. Fa.ve ( ]a' eta of gu --Med 13b,93.s fvr notification of 6. pplit:aats '. otif (3) ssts Of g-1.ammed labels fc3r poi =lip hearing notiiicatin �. bs check $,rt tLe artiount of $,185.0o to catre the filing fiat for y. h the Conditional Use ;Permit and t:aa Trritiat �Et(st%. Your assl0tance in ax cessin ApPlicatiort, 3,S greatly a g tixL a Conditional. Usk hermit lucstios.a gar. ComraFn4 s r�3�i�rec:ae��d.� ShoMId You have any feel. fr ,6e to s- ontaot �e directly. th< s aPP134cation ol,ease CO j ialwv,�y � v%. -4hr. S. Aschier is Director- '. wasia ions and Mar7;etirjg Cc. Graf Sonneidevind r�es�, • ,,�� aea�.�t�er.�:��r�rr ef I w �~ �• i'� .ice'` jvp. VIAL 4.« 4,J t,� ;1mc �4 S �fi Ir f. � • 1 N X ` GUGf �i ,Ca.tF 1 • . 1 •w PA ` it t� ����,�. /4tiL .tai "•� asur.If:{ aj �. �� 11.3�.i� -� •. 118 I w ul 1 � III U �j 010 6-gem ®0000 pp x ►oisu�31�3Ii #�Eltg r" (� _ 000 fill 33 cM1pa# mcw Qua #did / ?r l .— AnROW BUSIWf,,;—SpAn K wy Ab i M.-CHO Ct 1YgMOw. Ca \iI0Flk1A lit / ?r l .— AnROW BUSIWf,,;—SpAn K wy Ab i M.-CHO Ct 1YgMOw. Ca \iI0Flk1A r ILA i RESOLUTION NO. A RE:OLUTION OF THE RANCHO CUCAMONGA PLANNING COMISSION APPROVING CONDITIONAL USE PERMIT NO.. 88 -30 FOR A MEDICAL BILLING SERVICE LOCATED AT 9087 ARROW ROUTE ,(SUITE 200) IN THE GE!IERAL INDUSTRIAL DISTRICT (SUBAREA 2) - APN: 209- 012 -19. A. Recitals. M Gregory Schneidewind has riled an application for the issuance of the Conditional Use Permit No. 88 -30 as described in the title. of this Resolution. Hereinafter in this Resolution, the subject Conditional Usp j Permit request is referred to as the application", (ii) On the 27th.of July, 1988, the Planning Commission of the City of Rancho Cucamonga condiaci:d a duly noticed public hearing on the application and concluded said hearing un that date. (iii) All legal prerequisites to the adoption e*" this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby fount, determined and resolved by the Planning Commission of 0e City of Rancho Cucamonga as follows: in This Commission hereby specifically finds that all of the fz,cts set forth in-the Recitals, Part ,A, of this Resolution are true and correct. 2. Based upon: =-_hr�tantial evirence presented to this Commission during tha above - referenced public hearing on July 27, 1988, including written and oral staff reports, together with public testimony, this Commission hereby SPecifically finds as follows: Ial The application applies to property located at 9087 Arrow Route (Sljite 20'A, r suite of 1,976 square feet; The property to the north of the subject site is apartments and Sear Gulch Park, the property to the south of that site consists of industrial buildings and vacant land, the property to the east is industrial buildings, and the property to the west is industrial buildings, and the property is primarily vacant. 3. Based upon the substantial evidence prevented to this Commission during the above - referenced public hearing anti upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: 1 PLANNING COMMISSION RESOLUTION NO. CONDITIONA. USE PERMIT 8830 - SCHNEIDEWIND July 27, 1988 Page 2 (a) That 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) That the proposed use, together with the conditions, applicable thereto, will' not be detrimental to the public health, safety, or I welfars or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Devel,o!ent Code. 4. This Comission hereby finds and certifies that the project bas been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference. (1) Approval of this request- shall not waive compliance with all sections of the Industrial Area Specifio plan, and all other City Ordinances. (2) if the operation of the facility causes adverse effects upon adjacent businesses or operations, incl- .Ring, but not limited to noise, tha Conditional Use Permit shall' be brought before the Planning Commission for the consideration and possible termination of the use. (3) Any signs proposed for the facility shall be designed in conformance with the Comprehensive Sign Ordinance, any Uniform Sign. Program for the complex, and shall require review and approval by the Planning Commission prior, to installation. 6. T"e Deputy Secretary to this Commission shall certify to the adoption of this Resolution. AML PLANNING'COWISSION RESOLUTION NO. CONDITIONAL USE PERMIT e8-30 -- SCHNEIDEWIND July 27 1988 Page 3 APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988. PLANNING 0MMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. , a :Taan ATTEST: Brad Buller, _epu Secretary I, Brad Buller, Deputy '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 COMISsion of the City of Rancho Cucamonga, at a regular meeting of the Planning Ccmmissi©n held on the 27th day of July, 1988, by the following vote --to- wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERSe ZI --- Cr TY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 27, 1888 TO: Chairman and Members of the Planning Commiss FROM: Brad Buller, City Planner BY: Tom Grahn, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL US] MUNICIPAL las a emperary y fce mouu es, in ssoci existing officee use, totaling 1,440 square acres of land- in the Low Residential 1 dwe °ling units per acre) located on. the Archibald Avenue, south of Arrow High% Archibald Avenue - APH: 205- 041 -41 and 42. I. PROJECT AND SITE DESCRIPTION A. Action Requested: Review of a Conditional Use Permit for the installer = 1- 5mporary office modules. B. Surrounding Land Use and Zoning: Worth - Jack-in-the-Box, commercial center (under construction); General Commerrial South - Woman's Assistance league, Cucamonga Elementary School; Low _Densi y Residential (2 -4 dwelling units per acre) East - Rancho Cucamonga Neighborhood Center; Lori Density Residential (2 -4 dwelling units per acre) West - Cucamonga business Park.; General Industrial District (Subarea 3) C. Ger�ral Plan Des ations: Project Site - Comwercial North - Commercial South Elementary School East - Civic /Community West - General industrial ITEM H PtANNTNG COMMISSION STAFF" REPORT CONDITIONAL, USE PERMIT 88 -22 - CHINO BASIN July 27, 1988 Page 2 U. Site Characteristics: The project site 9s a pre - existing non- con orming sa e a has been developed with two office buildings, E. Applicable Regulations: °.ie Development Code permits the use of temporary s roc ores for se as interim offices subject to a Conditional Use Permit. F. Parking Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Requited Provided Existing office 7,170 1/250 29 91 Phase I 720 1/250 3 Phase LI 720 11250 3 The location of the temporary offices will reduce available parking by seven spaces. II. ANALYSIS: A. General : This request by the Chino Basin Municipal Water -tL�r�ct involves the phased installation of two modular office buildings for additional office space. The initial phase will involve the installation of a 720 square foot modular building to- house the Districts Planning Department. Depending on growth needs, the second phase would include an additional 720 square foot modular building which will be connecter; to the original structure. The applicant proposes to have the unit(s) 0;1 -site for a period of two years, during which time the District's main office expansion should be constructed. 6. Desi n Review Committee: The project was reviewed by the Des gn ev1eN �o�a�t' `oit duly 7, 1988 (Blakesley, Coleman, Tolstoy). The committee recommended approval subject to the following: (1) Additional landscaping should be added to the e, property line to screen views from Malven Avenue. T,,, landscaping should include evergreen trees planted 18- feet on center, shrubs, and groondcover. (2) Landscaping should be added along the chain link fence at the snuth boundary of the site in order to screen views from Cucamonga Elementary School and Malven. the O PLARiING COMMISSION STAFF REPORT CONDITIONAL USE PE ?.MIT 88 -22 CHINO BASIN July t7, 1968 Pag< 3 landscaping should iiclude evergreen trees planted 15 feet on cents. -, shrubs, and groundcover. (3) The unit(s) would be painted to rAtch the existing building. on -sites C. Environmental Assessment: P ?.ft I of the Initial Study has been comp e y e app :cant. Staff has completed Part II of the Environmental Checklist and t -is found no significant impacts on the environment a�, a result. of Oiz project. III. FACTS FCR FINDINGS: In order to approve the 'ConJitional Use erm� , e o.^a+s ss on ilouid need to make the following findings: , 1. That the proposed use is in accordance with the General Pia :, the objectives of the Development Code, and the purposes of the District in which the site is located. 2. That the propcced use will not be detrimental to the public health, safety, or welfare, or materially injurious to the ps-operties or improvements in the vicinty. 3. That tus pr'jposed use complies with each of the applicable prLvisions of 'the Development Code. IV. CORRESPONDENCE: This item has been advertised as a public hearing in The t07y-Report _ newspaper, the property posted, and notices sent to 411 propel owners within 300 feet of the p!)ject site. V. RECOMMENDATION• Staff recommends that the Commission ho; I public hearing On this item. If, after considering public comsiW% the reCuired findings can be made, adoption of the at'ached 2esolutior. of App, .lal would be appropriate, i Res fully/ J BL. r % Cit n r 66 :TG :mlg Attachments: Exhibit "A" - Letter from Applicant Exhibit "B° - Location 14ap Exhibit "C" - Site Plan Exhibit "D" Elevations Resolution of Approval 14-3 TEMPORARY OFFICE ZXPA h,5101; PRoanT CHINO BASIN MUNICIFAT WieTEF, DISTRICT 8555 ARCHIBALU A'JEfraE RANCHO CUCAMONGA, CALIFORNIA PROJECT DESCRIPTION 11 The proposed project involves the temporary use of modular Tou ldIngs to accommodate the expanded personnel requirem04rtts of the District s Administrative, Planning and Engineering Departments. The utilization of the modular build3,rgs is anticipated to occur, until the District can develop and 1mrlsment a master nl�n to ar-at: its long range a,'.ministrative pe=sonne.*, requirements. The Larg1pisal will involve the phaaacl installation of modular buildings immediately east of the existing cnginsarin�4 building. The initial phase will include the use of ? 720 equare foot modular building to house the Distriot#s Planning Department. If required, the second phase would involve the -use of anotw, ,r identical _720 square foot building. The two modniar buildings would be connected, giving the appearance of a single structure. The neceze ty to implement the second phase of the temporary office expansion v"ject will depend on hrw rapidly the District expands its administrative and technical personnel. The modular buildings will use tan wooer siding and ss :L; ting materials. A brown accent trim around the windaws, roof line' and building conaers and will create a neutral, pleasing appearances (pha'ograrhs attached.) T `3 attached site plans (Erhibl't No. 1) identifies the propos,td location of the temporary modrlur'building relative to the District`,s ea :irting Admi.ni.strative and Engineerinq Buildings. A site plan is ala provided whicr, identifies the proposed landscaping play along the wesv. side of Malvern Avenue (Exhibit No. 2). The District is also enclosing a master plan which identifies three 1 potential alt;c=ativs layouts for expanded office capabilities at our currciit administrative office site. The final decision on -whether to utilize the Oistrict's existing adminiatrative site or to lonata to Ii another site is anticipated to occur during the 198a -89 fiscal, year. 1 MNF arms �f+ IE NORTU JIM, Y OF ILA O fTTY OF RANCHO CUCAMONGA, IvIsI z V NORTH SCALE: -� h' Z s i �!r 1y 1� t71 Ail � I r 3t �y�Yt "•� h' Z s i �!r 1y 1� t71 Ail � I RESOLUTION NO. A RESOLUTION OF THE RANCHO C'JCAMONSA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. E8 -22 FOR THE CHINO BASIN MUNICIPAL WATER DISTRICT LOCATED SOUTH OF ARROW' hIGHWAY, EAST OF ARCHIBALD IN T „E LC-1 DENSITY RES0ENTIAL DISTRICT - APM: 209- 041 -n1 AND 42. A. Recitals. ti) The Ch *rie Basin Municipal Water District has filed an application for the issuance of the Conditional Use Permit Nou 3E -22 as described in the titite of this Resolution. Hereinafter in this Resolution, application. Conditiejal Ure Permit request is referred_ the subject t3 as "the . (ii) On tf;e 27th of July, 1988. the 9 anning Coj;iaission of the City of k,:ncho Cucamonga concicted a d0y noticed pub'iic hearing on the application and concluded said hearing on that date. (?-!i; All legal prerequisites to the aioption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by thk Planring Commission 'f the City of Rancho Cucamonga as foll,7ws. .l. . This Commission . hereby specificali,7 finds t;at all of the facts set forth in the Recitals, Part A, of this hesolution are true and correct. 2. Based upon Substantial evidence r Corsnission uring the aoovo- referenced public hearing on July 27, IAudi :g written and oral staff reports, together with public testimony, this ;Ommission hereby specifically finds as follows: (a) The application applies u property located at 855s Archibald Avenue which is partially developed with structures,: :;nd parking end; (b) The property to the north of tt. .e subject site is General. Commercial, the property to the south of thit site consists of Low Density Residential (2 -4 dkalling units per acre), the property to the- east is Low Density Res'dentiai (2 -4 dvejli:5g units per acre), and the property to thi west is General Indusvrial (Subarea 3); and (c) The applicant p.oposes to add wpb medular officio trailers for temporary 00fice Uses; and (d proposed use. There is sufficient parking available On -site for the �� Q PLiANING COW4ISSION RESO UT11N No. CONDITIONAL USE PERMIT 88 -2, - CHINO WATER DISTRICT July 27, 1988 Page 2 3 a :.;ed upon the spjbstLnr-ial evidence presented to this Co:nsission during the above - referenced public hearing and upon the specific findings of facts set forth in paragraph 1 • %nd 2 above, this Cr „Fission hereby finds ind concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Cade, and the purposes of the district in which the site is located. (b) That. the proposed u s, together with the conditions applicable thereto, will not -e detri= —ntal to the pudic health, safety, 'Oil retfare, or materlally injurious 'to properties or Improvemaw: :s in the vicinity. (c) That the proposed use complies with rich of the applicaible provisions of the Develooment Cello•. 4. This Commission hereby finds and certHfes ttk-.t the project has been reviewed and considered i s compliance with the ,alifornl Environmental Quality Act of 1974 and, further, this CoMission nereby issue` � Negative Declaration, S. Based upon the findings and r: f 'ons set forth in paragraph 1, 2 and 3 above, this Cccmission hereby a ove. the appiic,tion subiec, to each ,., d every �;ondition set forth below and in the attached Stan%-4_ d Conditions attached hereto and incorporated herein by this reference. Planning Division (1) Additional landscaping should be added to the east property line screen views from Ma"iven Avenue. T6n� lardsdaping should inc . -de, everar,cn trees planted i5 feet or, center, shrub_, and gronndcaver, (<1 landscaping should be added along the chain link fence at the south boundavy of the site in order to screen views ft•om Cucamr -ga E;emntary School and Ma14en. The landswK,,-g should !=IPme evergreen trees planted IS fleet. cn center, 4,rubs, and gm2ndcover. (3) The unit( -) .hould be painted to match the existing buildings on -s; te, shall be provided around the base of the modular° to hide the wheeli;, jacks and ether sl"Iparting fr&-ne +t:d to give a more4 'finished 4ppearance. (b) Any !�er� .,a ttau �xpans on, or other chan,e in the usa of the site V-11 require, a revision to the Conditional Use Permit. 1 PLANNING -OhmISSION RESOLUTION N0. CONDITIONAL USE PERMIT 88 -22 CHINfi WATER DISTRICT July 27, 1968 Page 3 (5) The modular unit shall be removed within 2 years from the date of approval of this applicatirin. An extension may be considered only if building permits have been issued fararmanent Engineering Division (1) The drive approach on Malven Avenue shall be reconstructed to City Standard No. 306, 35 feet wide. (2) The existing gates at the rear of tle existing main office building shall remain c.osed, so that access to the r- parking lot twill as from i�)aiven Avenue p e o meetings, s except for accassioal nal (3) An agreement shall be executed to the satisfaction of >:he City Eng'.aeer and the City Attorney guaranteeing the reconstruction of the existing driveways on Archibald Avenrz within 24 month.5 as follows: a) Remove the northerly dri*.e approach and Laplace it with curb, gutter, sidewalk and landscaping; and b) Relocate the southerly driveway to provido either shared access or joint use with the adjacent p.apor, to the Standard The No. 306 approach possible, t� sh�l! beualigned with Business Center Drive_ Euii�';ng and Safiaty Division (1) Provide access for the physically handicapped in accordance with i California AdministrQtive Code, Title. 24. f 6. The Deputy p ty secretary fG- this COMission shall certify to the r adoption of this Resolution, APPROVED ANI ADOPTED THIS 27TH DAY OF JULY, 1908. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: a- rry`i.7&-fffer —, Ma rman ATTEST:_ —6'a� � u ar, epu y ecre ary _ v a �o 0 t f:i �i $'ci °.5.m"� '',( {{ V L N .. L tYtII O q Q L dyY OC OLtl (�d� «`yM Ow9 N.CWp �0yy�� G!. ny eCW M�.�vC4 QOY G ' ■6 wr7 ��a. ��� QI�Y�� =6y 6CYi.4YN. .�. a 6 YQ phi � '� atY3. N � C M � p M r� it O � � ° 1°► YO �% °C m �+ � � T; O i� C Z ! m ` u Ly, gyN °ttN us O y NY g.m Aa�iw V. dN. Lmy�b q CQ '.t. i0'V yyygC �Y 9yY� Y Y ^yip �Lm m9 ��64Y�• ^L �mi }O fo- '.a' R 4� Y N e�oTtpoces�i w. N. ~ a�� �••.�a.. ^'_L i� ^`4 Ia «pN d9.3NL�yyV WC0 G'" Ni 4y$��n:. �N �sN lit �. _ a ^L'iN: °o«�r Ne�I���v�udr H «.'u «OC s i•�t1. •rtyNp �Z�-c�'�,6 tit a6.q^ N 9.~ C ^M . o a N M 0 aw o f p. iI v Q V w R G > N W N Yy} • p � � � C � = Cr L O Y 1 N3.V �CC N 4w�YC w � 1. 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[s C{�{tC LY4�C yffj= T L OCCd YNC Y6.T < N r N Y Y w• < W 6T 6 i O. N 3 2 F a Y[ O. F T N O.Jiid �Pji.68..Mp - d W � KA 11 ,. - -- - — CITY OF RANCHO CUCAMON! A ( STAFF REPORT I -t: DATE: July 27, 1988 ` TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Uebra Meier, Associate Planner SUBJECT: VARIANCE 88 -10 - PUL17E HOME CORPORATIO14 A )eques:, to reduce a min mum Ede yar se ac rom 10 'feet to 6 feet 1 inch for Lot 9 of Tract 13058, an approved trvct in the Mediun Residential District (8 -14 dwelling units per ` acre) of the Victoria Planned Community located on the west side of Fairmont way, south of Highland Avenue. APR: 202 - 88144 I. ABSTRACT: The applicant has requestei a Variance for the side yard setback of one lot in the tract due to a c- istruction error. II. BACKGROUND: Tract 13058 is an approved tract of 200 single family Homes wTtffin the Victoria Groves Village. The tract is a zero lot line design, with a typical 10 foot setback of usable side yard area. However, due to an error in staking the rear property corner on the west side of Lot 9, the unit was built on a "line" that is skewed from the actual property line. The result is that the east n >ar corner of the house is 6.1 feet from the easterly property line rather thaw the required 10 feet. III. ANALYSIS: In addition to the reduced setback on the east side of tT Tiaue, the error has created an awkward situation along the west side of the property. Since the house was set on a skewed line the rear corner on the west side of the lot is 3.3 feet from the property line, leaving a narrow triangle along that property line. The applicant had suggested running a wood fence along the property line, fencing the triangular piece into the Lot 9 area (see Exhibit "D "); rather than running a fence from the rear earner of the house to the rear property line as is typically done in a zero lot line design. Staff feels that this would create additional problems. The first 'is that another code vivlaition occurs by creating what is essentially a 3 root or less side yard rather than zero feet and 10 feet which are the standards for zero lot line. The second issue is that of maintenance of that triangular area of land, as well as future house maintenance mood the side of the house on Lot 9 ITEM I J PLANNING COMMISSION STAFF REPORT VARIANCE 88 -10 - PQLTE ROME CORPORATION July 27, 1988 Page 2 Staff bei:eves that this narrow strip would become hazardous to children an: pets, along with accumulation of weeds Qzd debris that would not be regularly maintained. Staff has requested that the fence tie >tocated at the rear corner of the house to tbs rear property 'rine and that eith_r the lot line be adjusted or that the CC ano R's be amm-nded to create an easement ;for lot 8 to use that portion of Lot 9 (see Exhibit "E "). The houses within this portion of the tf_::t are comolete and the alternative to the Variance would be to actually move try :_�6a�leted structure to the correct location. Potential homeowner-; for Lots 9 � and 10 have been notified of the situation by the applicant. IV. FACTS FOR FINDINGS: The Developmept Code requires that the 'PTa-Ehin—g--C-o-,l—mit-s-t-dn—imike the following fir4ings for granting a Variance request: (a) That strict or literal interpretation and eiaforcement of the specified regulation would result in practica? df1°iculty or unnecessary physical hardship inconsistent wi`.h t! �Jb cctives of this Code. (b) That t'aere are exceptional or extraordinary circumstances or conditions applicable to -the property invo',ved or to the intended use of the property tr +at do not aprjly generally to other properties in the same zone. (c) That stritt or literal interpretation and eaforcenent of the specified regulation wculd deprive the apr ";ant of privileges :enjoyed by the owners of other properties -.n the same zone. (d) ?hat the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations 5�1 other properties classified in the same zaae. (e) That the granting of the Variance will not be detrimental to the public health, safety, or Swalfarr, or materially injurious to properties *r improvements in the -vicinity. The following factors can be considered in detemining the outcoa;e of this request: 1. Relktcation of the house :-ould result in a practical difficult; or unnecessary physical hardship; s EA t PLANNING COMMItSION STAFF REPORT VARIANCE 88 -10 w PULYE..N,OME CORPORATION July U, 1988 page 2. The setback is not noticable from the public view nor would the Varla:Ice Jae detrimental to the public health, safety or welfare, or materia;ly ;injurious to properties in the vicinity, and V. CORRESPONOENCE: This iteO has been advertised as a public hearing 15 H TTeocrt newspM per, the proper },y posted, and notices sent to a property owners within 3Ot feet of the subject lot;: VI. RECO?.IENDATION: Staff recoz'mands that .; he Oomisainn appeov,' the ar ance request 'suodect to a lut 10e "adjustment or easement to elimin&U. the "sliver piece of land aad landscaping of tMe rear yard on Lot 9, Res liy it#i, r fBr�a1� B� ],�e Cityanne AM r BA:OM :mlg Attachments: Exhibit "A" - Uca:tion tiara Exhibit "p" - Approved Site PL)n Exhibit "C" - 's -Built Site Canu3tivn Resolution of Approrl 7 -27 -88 PG Agenda Pulte Home Corporation July 12, 1388 City, of Rancho Cucamonga Planning Department P.O. Box 307 Rancho C•icamorga, CA 91734 Dear Debra Mier, Pulte Home Corporation is requesting a variance in reference to yard! requiremc3its. This variance is requested for Lot #9, 11103 Charleston Street, Tract #13058. Due to an error in staking, this house was set on original lot line plotted for William Lyon's plans. All other area requirements, lot coverage, rand set backs have been observed. Adequate area for drainage and serviceability are stile. pw',n;jded. All other lots in Tract #13058, phase I and II, have been :hycked to verify no other errors. Respectfully, FULTS HOME CRRPORATZON i Ed Miller Project Manager EM /Ins �c Soull ern Callfom.a 0iiisicr, 61 6 Euvid dv�nue, "alts 207.Onfano. Califomla 91761 714 /994.1281 M&06ED 210 FWY. EATEMiON PA I -- PA I ; t 'PA 1) Mtno Of •L 1 - LM t 1,1. ! .w• rw I •4I i7rnR•O 4 / - Pad nwm•..raw uvae.�taL �'marev nas .. 1 I !; I aar ov 1 . Molto Lt 4 I. f - PA W , Lu .k PA t✓' -- 1 Lu 1t K c� ( I PA V1 , �. Uo ILAAIK PA Nr PA IX PA X r ` k (]] U C Y AAMCHO c XAMOaw j AEGiOX4K pAAg i 6 'MgYAADS SOUTH 1 f Cyan ono �.'��• FORTH ,�TOF L�9r��f1W NCHO CUCAMONGA PLANNING DIVISION TI f�' , 1232.3 l4! .' '` .r .rnq� • -' �b •" t ,, 7��-2r �G3 .� Zq b � � ,.:'��f � ✓,.•� p���� _ ...� -•mac m e N. a gqz, .'T va Imp, cn �'.,► ��/ 8�" / NORTH �.RTOJF NCHO � � TIT: - ,�d��r�,T ,o PLANNING zVI IC � -'1 EXHIBIT: SCALE: f RFSOLUTION NO. A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING VARIANCE NO. 88 -10 TO REDUCE THE SIDEYARD SETBACK FROM TEN FEET TO SIX FEET ONE INCH FORLOT 9 OF TRACT 13058, AN APPROVED TRACT IN THE MEDIUM RESIDENTIAL DISTRICT OF THE VICTORIA PLANNED COMMUNITY LOCATED ON THE WEST SIDE OF FAIRMONT WAY, SOUTH OF HIGHLAND AVENUE APN: 202 - 881 -44 A. Recitals. (i) Pulte Home Corporation has filed an application for t49 issuance of the Variance No. 88 -10 as described in the title of this Resolution. Hereinafter in this Resolution, the subject 7ariance request is referred to as the application. (ii) On July 27, 1988, the Planning Commission cl the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites 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 substantial evidence ,presented to this Commission during the above - referenced public hearing on July 27, 1988, including written and oral staff reports, together with oublic testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 11103 Charleston Street with a street frontage of 46.04 feet and average lot depth., of 102.2 feet and is presently improved with a single family "zero Tot line" residence and necessary street and property improvements; and (b) The application has been submitted to request the reduction of the sideyard setback from 10 feet to 6 feet 1 inch for Lot 9 of Tract 13058 contrary to the requirements of the Victoria Community Plan requiring sideyard setbacks for zero lot line products to be zero feet on one side and ten feet on the usable side. ( PLANNING COMMISSION RESOLUTION NO.. PULTE HOME CORPORATION July 27, 1988 Page 2 �J (c) The Variance as specified in the application will not contradict the goals or objectives of the Rancho Cucamonga General Plan or Development Code and will not promote a detrimental condition tn the persons or property in the immediate vicinity of the subject lot for the following reasons: (i) The relocation of the completed structure would result in a pra:tical difficulty for parties involved. (ii) The decreased setback does not effect the streetscape or any public right -of -way where it would be perceived as detrimental to the goals and objectives of the community., 3. Based upon the substantial evidenCL presented to this Cortnission duriig the above- referenced public hearing and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hareby finds and concludes as follows: (a) That strict or literal interpretation and enforcement of the specified. regulation would result In practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. (b) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. (c) That strict or literal interpretation and enforcement of the specified rpar7ation would deprive the applicant of privileges EujQyed by the owners of other properties in the same district. (d) That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. (e) That the g, °anting of the Variance will. not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, 4. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to the following condition: (1) Prior to occupCncy of Lot 9 and Lot 10 th 1' , e app scant shall process a lot line adjustment or easement to create a - "zero lot nine" condition on Lot 9 and eliminate the narrow tr1angular space b Property line. gtween the house on Lot 9 and the ,;,� r� C, f PLANNING COMMISSION RESOLUTION NO. PULTE 'IOMSE CORPGRATION July 27, 1988 Page 3 (2) The rear yard of Lot D shall be ,landscaped and irrigated: with trees, shrubs and groundcover prior to occupancy. Detailed plans shall be approved by the City Planner. (3) The production wood fence shall be constructed from the southernmost corner of the house on Lot 9 along the adjusted interior side lot line to the rear• lot line, S. The Deiaty Secretary to thi.- Commission sliall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: arry T. e , Z`ha%n- ATTEST: Brad Buller, Deputy Secretary 1 I, Brad Buller, Deputy Secretary of the Planning Commission of the City of de%ncho Cucamonga, do hereby certify that the foregoing Resolution was drily and regularly introduced, passed, and adopted by the Planning Commission of the - City of Rancho Cucamonga, at a regular meeting of the Planning Comaission held on the 27th day of July, I988, by the following vote -to -kit; AYES: COWISSIONER6: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: — CITY OF RANCHO CUCAMONGA STAFF REPORT i t DATE: July 27, 1988 { TO: Chairman and Members of the Piann;ng Commission FROM: Brad 3uller, City Planner BY: Cindy Norris, Assistant Planner SUBJECT: MOUIFICATION' OF A CONDITION OF APPROVAL FOR TENTATIVE TPf - WE VEN R - requesr. To modify a on on of prova requiring the preservation of an existing Magnolia tree for a previously approved tract, located at the northeast corner of Hellman and Tryon - APN: 208111 -046 I. BACKGROUND: On June 10, 1987, the Plan!'1ng Commission approver en at ve ract 13475 for the development of 37 Tots. An appeal of the conditions of approval was filed by the applicant regarding 1) preservation of the Magnolia tree, 2) undergroundi9 of utilities, and 3) pad heights adjacent to Hellman Avenue. The appeal was heard by the City Council on September 16, 1987 and the conditions ` were generally upheld. On May 10, 1988, the Design Review application for building elevations and plot plan was approved by the Planning Com f-: ;sion. I1. ANALYSIS: The applicant is requesting to delete the condition of apffro—va7 on the tract map requiring preservation of the existing Magnolia tree, due to conflicts with proposed improvements and the rapidly declining health of the tree. The original grading plan submitted with the tract allowed for the preservation of the tree with standard grading practices. However, it was later detemined that. pad heights adjacent to Hellman Avenue had to be raised one foot above flood level. It was therefore recommended that an attempt be made to -save the tree by using retaining walls in order to create a well around its base. With refinement of the grading plan per the Design Review application it was found that the tree is located on Lot 11, within the right-of-way, rather than Lot 13 as previously shown. An attempt was made to locate sidewalk improvements around the tree to the east and to potentially place a retaining wall arowt the crest portion of the tree. ITEM J PLAA'INING COMMISSION STAFF REPORT Tentatiw? Tract 13476 West Venture July 27, 1988 Page 2 However, as outlined in a supplemental report by arborist Richard Johnson, due to the extensive surface rooting of this tree,, and the lack of adequate measures to protect the tree during construction, the grading for streets and utilities has already extensively damaged the root system, severely weakening the tree. Therefore, the arborist has recommended that the tree be removed rather than preserved in place or relocated. The City's Tree Preservation Ordinance Ito. 290 would require replacement with the largest nursery grown tree available (up to 96 Inch '-W. Therefore, staff recommends that the condition of approval be modified to require replacement, as follows: The Magnolia tree on Lot 11 shall be replaced, in kind, with the largest nursery grown tree avt3ilable as determined by the City Planner, The replacement tree shall ba planted within the front yard of Lot 11 prior to occupancy. III. CORRESPONDENCE: This item has been advertised as a public hearing inThe 075iT- �Repoor�t� newspaper and notices sent to all property owners w -0 n0 -feet of the project. IV. RECOMENDATION: Staff recommends that the Planning Commission require - rep acement through adoption of the attached Resolution modifying the conditions of approval. Respec y sub;nit 9d, rad ull City P ark er 88 :04 :te/ Attachments: Exhibit "A" - Site Utilization Map Exhibit °8" - Original Conceptual Grading Plan Exhibit "C" - Revised Grading Plan Exhibit "Q" Letter from Applicant Exhibit "E" - Letter from Arborist Exhibit "F" - Original Resolution of Approval Resolution of Approval with Conditions 1 0I El 11 11 T .Ci" IL �W,mw SAN EIRMARCIING r -r r . '�� f Ire ! - N� ( _17 Mann' ITT%. LIHIBIT: 4-. -SCALE: M , 1� i '1P CITY OF RANCHO CUC.4.iti10NCIA PLANNING DIYISION J:. •t 0 I] NORTH ITEM: TITLE: i r EXHI$IT�- s��LE: El 11 V R_ccT tEE I r ' "MAJEST ; �t s: u¢sc r� 35 NORTH ( RANCHO CUCAMONGA JITY OF ITEM MANNING DIVISION -_5- EXHIBIT: -c- SCALE: 7 �7_ ��r� j awl ct • — �� ��.{ lei ' "MAJEST ; �t s: u¢sc r� 35 NORTH ( RANCHO CUCAMONGA JITY OF ITEM MANNING DIVISION -_5- EXHIBIT: -c- SCALE: 7 City Of Rancho Cucamoaga 9320 Baseline Road P.O. Brno 807 R-mdm c ucamoczga, Ca 91730 Litt: Pla iing, Dept. Cindy Norris, HE: ilia tree, Tract #13416, Fw- w1ution m., 87-92 section 2,, item '6 passed and edopted 6- 10=87. Dam: Va. C t* N,,,Tis z Per our nesting ita, 12, 1988 and discussion uit h. RistAp--? 3obnson Aak Horticultural Consultant; We, West Venture Canstxuctim B11. are re- questing a m-jdmcation of tha adopted resolution no. 87 -92 section 2, item 6, per our meeting aed Richar3 Johnson's correspondence. 11 sic -hard July 12, 1988 p • J "._ horticultural consultants Mr. Ken Johnson WEST VENTURE CONSTRUC €N, 1INC. 2251 Waltonia Drive Montrose, CA 91020 Project No. 86 -446 SUBJECT: Magnolia Tree, Tract 13476 Rancho CI California Dear Ken: Fol?4wing our meeting with Cindy Norris, Assistant Manner with the City of Rancho Cucamonga, Y returned to the site and studied tree condition. The following is result of that study, conducted July 12, 1988: Tree :mss beginning to display stress conditions due to construct„ - impact of roads, pads, etc. Root system has been cut crec. excavation and this condition, along with limited & a moisture access, has weakened t1he magnolia. Tk°ere are d., that are capable of withstanding these impacts, how�wz, the magnolia species is not among them, especially when cultural care over a period of yearn has promoted surface rooting rathez than deep. Al?gnment of planned sidewalk and fire hydrant placement within this tree's dripline and over the root system will further impact this tree; sidewalk area will be excavated and recompacted which will unavoidable damage a considerable nrmber of roots needed for stability and Cra hydrant base /support will be excavated to a depth of 30.5 inches, ,inimum. Factors involved are many, including fact that site plan notes the presence of this tree while main line or pluMbirg plan fai.s to show it at all. EyZ 7 Again, it is ,ry recommendation that asked if tree cOald be moved. this tree be removed. Cindy tree is too weak to survives I do not recommend this action, &s constm n tre amore su is finished and hardscape4inpzace, a 7 specimen tree more sub Planned Planted as a re able is existing site conditionu can e placerrant for ,ub sect magnriia. aecallf You have add_tioha gur;,tions or ca.u2 =ts please give ins Sincerp" , ` z.C" •7 '.2;SON & ASSOCiATEa Dick Johnson, ASLA Horticultural Consultant DJ :ds xc: Cindy.Norris, Cit X of Rancho cucaMong$ i i i i jj PLANm'NG CJMMTSSIOM R� UTIN No, TT 13476 a WILLIM4S PROPERTY CONSULTANTS June 10, 1987 Page 2 K (9) That this project tviil the environment and not create adverse impacts on issued. a Negative Declaration is SECTION 2x Tentative Tract Ma hereto iS herb approved subject to 11 of 13476 the folloWin conditions attached Standar�! Conditions; py of which is attached g and the Plannin Oivisio 1* The constructi ^n of a 6+ high common project °s Eastern perimeter shall be provided. masonry wall along the 2. treeseinsets shall be provided in planter cut -outs far Street along *man Avenue. 3, mason pPl?c�ntfi Shall provide details of a 6' high r,Q Cif �!" > i'e° cap, pilaster) along Hellman Avenue to decorative -9 ng perm Vs. review dnd apPrpval prior to Issuance of building Hermits. 4..' The applicant shall and areas Planner adjacent to rthedmasonry landscaping a9a�lan for the parkway the i g permits for review and approval prior rallo an Avenue nce to building 5. Cots 16 and 22 22 st,,ll provide minimum r area, ,200 square feet of lot ..,... 6 „�� Preserve magnolia tre an tt�t ? r (j accordingly. Tree shat' be 3 house shall b Municipal Code Section 1g „0$.110 Protected during a Plotpterd l pruned amd maintained 9 construction Tre,. shall to carefully Richard P. Johnson and in the January 26, I987 report from Practices. -c. accprdEnce with proper arbor!r I En ineerin Division: '--�` 1* The existing overyeSd electrical utilities on the pro)ect side Of (telecommunications Avnenue ions land undergraunded from the first pole on the south side of Tryon Street to the first shall, be boundary prior t pale Off -Site north of the north project whichever occurs pfirstic improvement of nr occupancy,. adapted cost far uncle groundngfr mefuture dev one-half the City occur$ on the apposite side of the street because_ the prop Opposite is pt f as le y presently devetoped» 's not feasible 2, �aptice of l4ot'c a f intention to form andlor join the Li p flistrict shall be filed with the City Lighting and to recordztian of the ma Whichever occurs first. map or issuance of y Cpun:il prior biilding permits, RESOLUTION N0. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA MODIFYING A CONDITION OF APPROVAL FOR TENTATIVE TRACT MAP N0. 13476, LOCATED AT THE NORTHEAST CORNER OF HELLMAN AVENUE AND TRYON STREET IN THE LOW DENSITY RESIDENTIAL DISTRICT - APN: 208- 111 -04 A. Recitals. (I) On June 10, 1987, the Planning Commission adopted Resolution No. 87 -92, thereby approving, subject to specified conditions, Tentative Tract 13476, which providAs for the development of 37 singYe family lots on 10.3p acres of land within the Lori Residential District. (ii) On September 19, 1987, the City Council adopted Resolution No. 87 -521 thereby upholding the previously approved corditions and denying the appeal (iii) On July 14, 1988, a request was filed by West VEnture Construction, Inc. to modify the condition of approval 'requiring preservation of the eiisting Magnolia tree. (iv) On the 2i-Z�,, of July, 1988, the Planning Canenission'of the City of Rancho Cucamonga conducted � duly nohiced public hearing on the Of the City and concluded said hearing on that date" occurred. All legal prerequisites to the adoption of this Resolution 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 substantial evidence during the above - referenced public hearing on July 27, 1988, 988,1 cludingmwr tten and oral staff reports, together with public testimony„ this Commission hereby specifically rinds as follows (a) The request applies to a mature Magnolia tree located in the parkway in front of Lot 11, which is defined as a heritage tree by Municipal Code Section 19. 08.030; and (b) The applicant failed to protect the tree during grading and construction activity as required by anditions of approval, Section 19.08.110 of the Rancho Cucamonga Mrtn1 "f ",i Code the applicants horticultural consultan , .eport dat and the recommendations of ad January 26, 1987; and PLANNING COMMISSION RESOLUTION NO. TT 13476 - West Venture July 27, 1988 Page 2 the construction) activei v� which has ncutgthe display system of the conditions dThis, together with the limited amt.nt of moisture access, has weakened the Magnolia tree; and (d) The City's Tree Preservation Ordinance, as contained in Municipal Code Section 19.08.100, states that heritage tree relocation to another location on the site is the preferred alternative to replacement; and (e) The applicants horticultural consultant recommended, in a report dated July 12, 1988, that the tree is too weak to survive relocation and recommended that aace construction activity is finished, a replacement trae can be planted; and I rM (f) The City's Tree Preservation Ordinance requires that, in the event a heritage tree cannot be preserved or relocated, heritage tree removal shall require replacement with the largest nursery grown tree available as determined by the Cite, Planner or Planning Commission; and (g) The largest nursery grown Magnolia tree aveilabie is 96 inch box size, with an approximate height of 30' -39' and approkitnate width of � 20', according to a staff survey of tree nurseries in the region, 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and cpon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) Teat tentative tract is consistent with the General Plan,, Development Code, and specific plans; and (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; and (c) The site is physically suitable For the type of development proposed; and (d) The design of the subdivision is not likely to cause substantial environmental damage anu avoidable ;n;uw,y to humans and wildlife or their habitat; and (e) The tentative tract is not likely to cause t serious public health problems; and The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access Ij through or usa of the property within the proposed subdivision. f KI lu PLANNING COWISSION RESOLUTION NO. TT 13476 West Venture July 27, 1988 Page 3 been reviewed This considered red in rcampSia ceawithethefCaliforniah Environmental Quality Act of 1970 and that a Negative Declaration was issued on June 10, 1987. 5. Based upon the findings and conclusions set forth in 1, 2 and 3 above, this Commission hereby modifies Resolution No. 8 2ra y changing condition No. 6 under Planning Division to read as follows: The Magnolia tree on Lot 11 shall be replaced, in kind, with the largest nursery ,tree available as determined; by the City Plannew;� The replacement ' tree shall be planted within the Prontyard of Lot 11 prier to occupancy. 6. The Deputy Secretary to this COmnission shall certify to the adoption of this RCAOIUtion. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1188, j PLANNING C(X4MISSION OF THE CITY OF RANCHO CUCAMONGA BY: arty e , a r'nsan I ATTEST: raa BuTTer, epu y ecre ary Rancho Cucamonga, do hereby certify of the that the Planning Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga. at a regular ;neeting of the Planning Commission held on the 27th day of auiy, 1488, by the following vote -to -wit; AYES: 'MMISeIONERS: MOFS: COMMISSIONERS: ABSENT: COMMISSIONERS: U - — CITY OF RANCHO CUCAT[ONGA STAFF REPORT DATE: July 27, 1988 . - � - FL0400 Td: Chairman and Members of the Planning Commission FROM: Barrye R. Hanson, Senior Civil Engineer BY: Barbara Krali, Assistant Civil Engineer SUBJECT: ENVIROW ENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 11610 Gre ., Vandenberg - su bdivision of acres-o ? land into_ 7 parses n the General Industrial District, subarea 5, located on the south side of 5th Street and the eastside of Lucas Ranch Road (APN 210- 071-37 and 41) I. PROJECT AND SITE DESCRIPTION: A. Action Re £ uesteds Approval of the propoied Tentative Parcel Map as shown on x "B°'. B. Pai,cei Size: Farrel 1 - .41 acres Parcel 3 - .43 Parcel 2 - .41 acres Parcel 6 - .52 Parcel 3 .41 acres Parcel 7 - .52 Parcel 4 - .43 acres Total 3.13 acres C. Existing Z_onniin_2: General Industrial, subarea 5 of the Industrial 'S—pecitic Plan. D. Surrounding Land Use: North - Vacant Sarah - Existing : ndustrial East Existing Industrial West - Existing Industrial E. S!rreounding General Plan and Development Code Designations: North- General Industrial, Subarea 5 South - General Industrial, Subarea 5 East General Industrial, Subarea 5 West, General Industrial, Subarea 5 ITEM K l PLANNING STAFF RtPORT PM 11510 Greg Vandenberg July 27, 1988 Page 2 F,. Site Characteristic;';: This site is currently being used as a storage yard for roofing materials. Two existing buildings are located on the site and will be removed as apart of the project. 11. ANALYSIS- The purpose of the F"arcel Map is to create 7 separate parcels 75r fFe development of industrial building. Development plans for the site are on tonight's agenda as OR 88 -02. This public streets adjacent to the site wre improved with the exception ' of sidewalk, drive approaches and ?asmcaping which are required upon development on a parcel by parcel basis. The proposed cul -de -sac is to constructed prior to recordation of the parcel map. III. ENVIRONMENTAL REVIEW: The applicant completed Part I of the Initial. to . to con ucted a field investigation and completed Part II of the Initial Study. No adverse Impacts upon the environment are anticipated as a result of this project. Therefore, issuance of Negative Declaration is appropriate. IV. CORRESPONDENCE: Notices of Public •Hearing have been sent to surrounding property owners and placed in the ftily Report Newspaper. Posting at the site h4s also been completed. V. RECOMMENDATION: It is recosmended.�thet the Planning Commission consider 1 all nut and elements of the, Tentative Parcel Map. If after such consideration, the Commission can recommend approval, then the adoption Of the attached Resolution and issuance of a Negative Declaration would be appropriate. Respectfully submitted, id" s li Bar rye R. Hanson Senior Civil Engineer SRH:DK:sd Attachments: Vicinity.Map (Exhibit "A") Tentative Map (Exhibit "6 ") Resolution and Recommended Conditions of Approval Adlk RESOLUTION N0. qP A RESOLUTION. OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENNTATIVE PARCEL MAP NUMBER 11510 WHEREAS, Tentative Parcel Map Number 11510, submitted by Greg Vandenberg, applicant, for the purpose of subdiviggding into 7 parcels, the real property situated lifarroia the 071- 37pantd 41, located Bernardino, south side of 5th Street, east side -of Lucas Ranch Road; and WHEREAS, on July 27, 1988, the Planning Cemaission held 1 duly advertised public hearing for the above - described map. FOLLOWS: NOW, THEREFORE,'T` F RANCHO CUCAMONGA PLANNING COMMISSION RESOLVED AS SECTION is That tha following findings have been made: 1.' That the map is consistent with the General Plan. 2. That the improvement of the proposed subdivision is consistent with the General Plan. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial enviropmental damage, public health problems hr have adve� affects on abutting property. SECTION 2: This Commission finds and certifies that the project ha: been reviewe an considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. subject SECTION atta 5_15—attached sta Gard Co ditions No. and lithe following aroved Conditions: g Special I. Overhead Utilities j a. An in -lieu fee as contribution to the future t undergrounding of the existing overhead utilities (telecommunication and elActrjcai) on the opposite side of Lucas Ranch Road shall be € paid to the CitY prior to the issuance of j g permits. The fee shall be one -half the City adopted unit amount times the length from the center of 5th Street to the south project boundary. 9-3 RESOLUTION NO. PM 11510 PAGE 2 b. An in -lieu fee as contribution to the future undergrounding of the existing overhead utilities (W ecommunication) on the opposite side of 5th Street shall be paid to the City prior to issuance of building permits. The fee shalt be one -half the City adopted unit amunt times the length. from the center of Lucas Raf:ch Road to the east project boundary. 2. The Developer shall make a good -faith effort to acquire off -site pMoperty interest necessary to construct Master Planr,41 Stores Drain Line 7 -F. 3. The Developer shall construct. Master Planned Storm Drain Line 7-7 to the satisfaction of the City Engineer. The cost of construction of the storm drain shall be credited to the storm drain fee for the project, and a reimbursement agreement wf:i be executed per City Ordinance No. 75 to cover contributions which exceed the fee amount. APPROVED AND ADOPTED THIS DAY OF 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: �Brad Su..er, Depuiy Secretary I, Brad Buller, Deputy 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 C" Mmission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission herd on the * day of *, 1988, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: La �Y E:I 0 F e e s O Y�- C= V \1 original poor Qual'Ity u , wt L is. Sr V a1 =Q L Nei •z i-'Y` AO x3 w M `�\ }xyi. If • O ► 1�M I } }y .•.SS Cut ewe ��� tt. �� fill va ird ~S se' �3 d IN M• � w M S P gnu w fir b i Pei s C A ►� � k �. Y x � }S. • �� � ,3 e��i M� -�� ~gym wu 4 ai V b ®•b ii • It= C. ` 2. 21 r � s�� y � � Y •C j !� Ow S S S.S ► � o »M. N Le a h V E � IN M• � w M S P gnu b i Pei s C A ►� � k �. 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ENGINEEMG 11 1 r A CITY OF RANCHO CUCAMON'GA STAFF REPORT DATE: July 27, 1988 TO: Chairman and Members of the Planning Commission FROM: Brad Builer, City Planner BY: Scott Murphy, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT ANC DE iLOPMENT REVIEW 88 -02 - ARCTM - A develo- pinent OT an industrial complex- comprised of seven buildings totalling 55,546 square feet on 3 13 acres of land -in the General Industrial Designation (Subarea 5) of the Industrial Area Specific Plan, located at the saftheost corner of Fifth Street and Lucas Ranch Road. APN: 2101- 071 -37. RELATED FILE: PARCEL MAP 11510 I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of Site Plan, Conceptual Landscape Plan, Conceptual Grading Plan; `Building. Elevations, and issuance of a Negative Declaration. B. Surrounding Land Use and Zoning: North - Vacant; Industrial Specific Plan (Subarea 5) South - Industrial buildings; industrial Specific Plan (Subarea 5) East - Industrial buildings; Industrial Specific Plan (Subatva a) West - Industrial bui� dings; industrial Specific Plan (Subarea 5) C. General Plan Designations: Project Site - General Irdustrial North General Industria3 South - General Industrial East - General Industrial {lest - General Industrial j PLANNING coMMISSION STAFF REPORT ARCHITECTURE ONE _ OR 88 -02 July 27, 1388 Page 2 0. Site Characteristics: The site is ngs an El area of outdoor presently developed with two thu en 1.5 Nercent front the north b� Fifth Street, north to south. storage. The Pro3e;t siwe slopes :s bounded on the south ane on the west by Lucas on east by existing developments. Ranch Road, on 2. Parkina Calculations° Type of Use Square Frsota e Parkin g Ratio Number of Spaces Number of Spaces ._.s._„8� Required Provided Building 1: Office Manufacturing ✓ 3 ,.wC+ 1/250 1/500 2 2 Warehousing 3307 1 /1000 6 4 6 TT 4 5u#lding 2: Office Manufacturin g 704 3564 1/250 1/500 3 3 Warehousing 3131 1 /1000 7 3 7 73' 3 � Building 3: Office Manufast ur,�n9 704 3IOg 1/250 1/500 3 3 Warehousing 3132 1/1000 3 6 6 T2- 3 �I2' Buildings �S � 5.: Office Manufacturing Soo 3500 1/250 2 2 Warehousing 2549 1/500 1 /1000 3 7 "IT TZ 3 Buildings 6 & 7: Office Manufacturing 804 3600 1/250 3 3 Warehousing 5300 1 %500 i /annn 7. 7 :r`Yti: iI. RNAI yerg. �`` I A. General: The applicant is Proposing n square r e buildings of varying rsizesP, rangi 9vfrom 6,649 design few h 10,'204 �,�4.e feet in area. Each building is designed with a pla =a area near to the entrance of the PLANNING COPMSSION STAFF 1EPORT ARCHITECTURE ONE OR 88 -02 July 27, 1988 Page 3 building. As part of the development of the site, a cul -de -sac will be constructed to allow access to Buildings 4, 5, 6 and 7. B. Desi n Review Committee: The Design Review Committee awes ey,`'roistpy;- 6ulgE ;rj originally reviewed the proposal on June 16, 1988 and recommended that the proposal be revised to address the following concerns: 1. A five foot building setback should be provided on the east side of Buii'dincj 3. , 2. Additional landscaping 'hould be provided along the east side of Building 2, the vest side of Building 3, and at 6 and 7 Al landscaped area houldi es provided on the souti side foot of Building 1 to incorporate vine pockets. 3. The zero setback on the south side of Building 7 was acceptable providing the applicant worked with the property owner to the south to secure the 5 foot area between 'buildings. 4. the Connndttes expressed concerns about the interrelations of architectural elements proposed for the project. The Committee recommended, that a perspective drawing be prepared to better illustrate the building design. In addition, the Committed suggested that alternative designs mAy want to be explored by the applicant, On July 7, 1988, the Design Review Committed (elakesley, Toistoy, Coleman) reviewed the perspe;tives and revised elevations submitted by the applicant. At that time, the Committee stated that a combination of two alternatives proposed should be explored and resubmittcd to the Design Review Committee for additional review. Also, the Committee recommended that the architectural program for the site be reviewed by the full Planning Commission. The applicant is in the process of revising the building elevations and will be submitting the; for Committee revies. on July 21, 1988, The results of the meeting will be presented to the Planning Cc,, ;,Iissivn as an oral update to the project. C. Environmental Assessment: Staff has completed the env ronmen a c ec s land determined that the project will not have any significant adverse environmental impacts. If the Planning Commission concurs, issuance of a Negative DEclaration would be appropriate if the project is approved. PLANNING COMMISSION STAFF REPORT - ARCHITECTURE ONE - OR 88 -02 July 27, 1988 Page 4 1p III. FACTS FOR FINDINGS., The project is consistent with the General an and tht,.Indu-sTrial Area Specific Plan. The project, with the added mitic. ion measures, will not be detrimental to the public health or jr fety, or cause nv3 sances or significant adverse environmental impacts. In addition, the proposed use and site plan, together with the recommended conditions of approval, are in compliance with the applicable provisions of the Industrial Area Specific Plan and City standards. IV. RECO*IENDATION: Staff recommends that the Planning Commission consiaer -a nput relative to the arch itectural program and, if deemed appropriate, approved Development Review 88 -02 and_ issue a Negative Declaration. If the Commission finds the architecture unacceptahle, then the project should be sent back to Design Review Committee ` with specific direction for revision. Resp lly su Brach r City PT ner BB:SM :mlg Attachments: Exhibit "A" - Site !Utilization Map Exhibit "B" - Parcel Map Exhibit "C" - Site Plan Exhibit "D" - Grading Plan Exhibit "E" - Landscape Plan Exhibit "F" — Original Building Ele-atiorts Exhibit "G" - Revised Elevations Resolution of Approval with Con�iti(*es L -Y 7— OPEN FIELD 4 CONST,. YARD t �_ 0 1 ! I I � e c � � TRACT 13M)l W OPEN STORAGE 1 a I 0 �^ Q t RETAIL J mac,• MNOLESALE 1 BAN �\. _ . ®eARarvo Avamue �K WTI CITY O' R. -k.N' CLC -k, %n IT I: 2 - PL.� NNINC Dj%, SH�I' T1TI.F.= d✓1� EtMtRtT., SC ALL •,FIFTH :•� • =ns of J• -•ene .. _ STRmr �`•� Y , - J 1 I In U 1 "- ��` /a� J • rs ,:. , r CITY OF RANCHO CUCA.N ::i ITEM: TITLE- EXHIBIT, SCALL L 0Q1 Po" ouality -.. -- _FIFTH STREET BLDCs. 1 ' BLS. 2 �� . ` , LO BLDGy 3 t.w.T NwWaC}Vn4 i •.• ♦i'.lf. �^ I •,1 �.y •�,•� I.q i• • j r• � r. V .u.r..,�.a I .•��a.+.. - C ,I ` '' ...w.r+r s � u.er....w I� .o7w.vrt I eRI S � tr�rt i 7fASw V7' \..w. .Yt 11.•'6 uq NM Iv R cc ~• B i'ii T c i it li It by NEW COURT_, LIA 4— tK1 I � ( �- :�.::.. � ` �a� -+-� -� • ;` — I y i� Y i; � �` P :Ili BLDG, F 1 I rj I NX MTEI CITY OF ITEM: _.,_�!� PL.ALNNI\G DWISIOl� TITLE: r EXHIFUT: a SC:ALE, L-7 %rip FIFI 14 AtRFP-T TZ& I . \ i �,- r CITY OF I RANCHO CUCANION-G-A PLANNING D(\'ISM ITEm. TITLE- EXHIBIT.---P SCALL. NORTI Se. \ K w ` .. -. ^�. � : ems' � �ar • A• � . aK.ti . _ � RANCHO CIS' ., A ETW. -.OZ _ EXHIPAT. - % SC ALE, Z,-(/ EAST V.— BLDG. 1 ;MST —Sims WESrEL". ElL i, a[ary ■c�a.: r.,r.a CITY OF MENI� Ti.t.E PLANNING wG I 'L Kati EXHIPAT. sc -%LL. E ti n NORT wrw�+at er....nr w N SOUTH - Uza 3 �..,r.o. a fie= .w► t+.wsm+ �..rr.p ,.....,.. -` , — _ _. SOiIi'H Ei.ElPa BL�� . 4 WEST WEST - W2M a ...... CITY OF i'I AI- RANCM -mil IMM NORTH ELEV. -BU)Q 6 Win} - W Y . - r.. a•^ A EA; >T ELEV... BLDG. 6 UW-ZMQ 7 Ty�p •Y ♦.:iT flo •..'YL 0 4ffY Intl M .�_ W M M M.EV. - BLDQ 6 WUT -®tats T r.r .► CITY CF ITEM: . AVA PLAINNI 3 UVISM EXHIBIT: Scm.L� I .�_ W M M M.EV. - BLDQ 6 WUT -®tats T r.r .► CITY CF ITEM: . AVA PLAINNI 3 UVISM EXHIBIT: Scm.L� `� m E CITY OF RANCHO CUCANjONGA PLAINN'I47- 7 ^'LSit [TEim.. --d TITLE =! EXHIFMT- .1r _�C: ILE• Z,-1 CITY " RANCHO CUCA,-vio T ITLE � o� x 0 _J I zi Im RESOLUTION NO, A RESOLUTION OF THE RANCHO CdCAMONGA PLANNING COMMISSION APPROVING DEVELOPMENT REfIEW NO. 88-02, T4E DEVELOPMENT OF AN INDUSTRIAL COMPLEX COMPRISED OF ,EVEN (7) BUILDINGS TOTALLING 55,546 SQUARE FEET ON 3,.13 ACRES OF LAND IN THE GENERAL INDUSTRIAL OEaSIOMTION (SUBAREA 5) OF T:iE INDUSTRIAL AREA SPEC%FIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF FIFTH STREET AND LUCAS RANCH ROAD - APR: 210- A. Recitals. (1) Architecture One Ila$ filed an application for the approval of Development Review No. 88 -02 as described in "+e title of this Resolution. Hereinafter in this Riasolution, the subject De- elopment Review request is referred to as "the application ". (ii) On the of ?7th cg,y of July, 1988, the Planning Commission of the City of Rancho Cucamonga conduc *ced a meeting on the application and concluded said meeting on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. S. Resolution. NON, THEREFORE it is hereby found, determined. and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: l This as � all o . set forth in the Re Recitals, A o specifically , Resolution are trueand correct 2. Based upon substantial evidence presented to t�is Commission during the above referenced meeting on July 27, 1988, including written and oral staff repoiets, this Commission hereby specifically finds as follows: (a) The application applies to property located at the southeast cornor of Fifth Street and Lucas Rancho goad with a lot width of 324.01 feet and a lot depth of 480.02 feet and is presently improved with two structures and an outdoc, storage area; and (b) The property to the south, east, and west are designated for industrial uses and are developed with industrial buildings. The property to the north is designated for industrial uses and is presently vacant; and (cp The project, with the recommended conditions of approval, complies with all minimum development standards of the City of Rancho Cucamonga, and PLANNING COWISSION RESOLUTION NO. ARCHItECTURE ONE , DR 88 -02 July 27, 1988 Page 2 with the General Industrial sii`nation of 'the Industrials Area SpecificsPlan and the General Plan, 3. during the aboveareferenced meetingtand upon thepSpecific findings of Commission set forth in paragraph 1 and 2 above, this CoWal -ssion hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the Objective of the Industrial Area Specif'ec Platt and X62 purposes of the district -Kra which the site x; located; and (c) That the proposed use is in compliance with each of the applicable provisions of the Industrial Area Specific Plan; and (d) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the Poblic health, safety, or welfare, or Materially injurious to properties or improvements in the vicinity. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 u.., further, this Commission hereby issues a Negative Declaration. 5. 1, 2 and 3 above,dth s nCommic ion findings ereby approves he applicationnsubjectato each and eery condition set forth below and in the attached Standard Conditions attached hereto and incorpo-ated herein by this reference, S. The Deputy Secretary to this Commission shall certify to the adoption o€ this Resolution. Planning Division I. The property owner to the south shall be contacted about securing the l five (5) foot area between the existing building and the proposed Building 7. Ertgineeritt�biuisiun 1. Overhoad utilities Aft a. An in -lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunication and electrical) on the opposite side of Lucas Rancho Road shall be paid to the City prior to the issuance of building permits, The fee shall be one -half the fCity ( pted unit amount times the --7 PLANNING COMISSION RESOLUTION NO. ARCHITECTURE ONE DR 88 -02 July 27, 1988 Page 3 length from the center of Fifth Street to the south project boundary. b. An in -lieu fee as contribution to the future und'ergrounding of the existing overhead utilities' (telecommunication) on the j opposite side of Fifth Street shall be paid to the City prior to issuance of building permits. The fee shall be one -half the City adopted unift amount times tha length from the ceni:er of Lucas ftnc s Road to the east project boundary. 2. The developer shall make a good faith effort to acquire off-site- property interest met;essary to construct master planned storm drain line 7 -F. 3. The developer shall construct master 'planned storm 3rair, line 74 to the satisfaction of the City Engineer. The cost of construction of the storm drain shall -be credited to the storm drain fee for the project and a reimbursement agreement will be executed per City Ordinance No, 75 to cover contributions which exceed the fee amount. APPROVED AND ADOPTED THIS 27th DAY OF JULY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Uhairman ATTEST: ra u er, epe y ecre ary i Brad Buller, Deputy 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 Cucamenga, at a regular meeting of the Planning Commission held on the 27th day of July, 1988, by the following vote -to -wit: AYES; COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS AL ongwal Poor Queuty � •5� =��uo Liu "�i Noo± .-a �.:�o g Y L=Y` NY dp G^p OI >. •° ` Eai `o LM T p �4UO ^KN� �a «y� CL Cp ° vCM `da 'Oa C���`N.yg1�GN �LwwY��G L O.� pALrS 24, 9V._CU �Q adn gtla OaVu6 x i�p�epaum�� °g9a =gee'. wQ.�g; F� as ttY i 7 -a- 13, C� Ysi„" Y °C OOH ■■o Sir ■p _ a a OC. Q N � °'ev +4vw y•", «" urd s�suo vam+ °. o Yisa �� V «r Y H V V� > 6 I Y m N Wye; ^C 05$ ;� - 1y 8 33�} ^N`OGY" 53— 2 4. G L O 4� �. 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L3 yM Ci6CQ, C O L Y'Li{ L M CL ,C Y t tI Ob' �yfjj. ^6LG MAII Y� d ��� L N �.• Yi V s4 y Kw ^i Y AY N« =$ L1� Y14 pM ra rC7L Ot N.R ^. N4Lr OV 4Y >�. VQ �Y O ! V w�. NyVV G +ter RQ yi L14i T4 �,6 CLV� ; LGy O9y YC4 if as 4 V OV V�',CU7�i CL��� pLpN V iY CG ti u r TT V C Y rN dL 4LG ^C 1� 4 .u. N� i K t = est Mt !�t LyM W OY 'VCG 1 Nyy JAS Y r'M bey �a 4Y 4 ai VC�. 'J o •: OIsL 4 R }w P A� yJ qq ^tCt Owq� a�V llVii L G;G w � ^µ � O i 6. gY uwC y 46 tty 441 nn� _ est Mt !�t 2 CITY OF RANCHO CUCAMONGA S TAFF REPORT IN DATE: July 27, 1388 TO: Cha,rman and Mamhers of the Planning Commission FROM: Brad Buller, City Planner BY: Beveely Nissen, Assistant Planner SUBJECT: DESIGN REVI01 11626 - MODIFICATION - BRIMA.R - The request fa !pro y a condT%n o appr ova ;'egar ng the provision <, Of a Cowunit, Trail for an approved Design Review of 23 single family swellings located north of Almond Street at Beryl Street - APN: 1051 - 811- 12 -16; 1061- 821 -3, 4, 6, 7, 9 -22. I. ABSTRACT: The applicant is requesting modification to a condition o app Np 1 requiring the construction of a Community Trail through Lots A and 6 prior to occupancy. The applicant has Submitted a phasing plan for the entire project site and i;a requesting that actual construction of the Cowunity Trail be delayed until Phase 3 occupar r. I1. ANALYSIS: On March 23, 1 B8 the PlAnaing Conoaission conditionally Approve a oesig, review of builds elevations and site plan for 23 single family homes within e. previously approved trait of 83 lots. The approval was for Pharl '-construction only. Phase I is the easterly third of the projeci' wnlc r" -acso ns o -s and B. The applicant has submitted a nl�xsing pl °n medicating Phase 2 and 3 which are to be constructer at s rater date (See Exhibit "B"). Phase 1 consists of 23 loin, Phase c consists of 24 lots and Phase 3 consists of 21 lots. Condition 6 of Resolution 88 -54 regarding trail construction currently reads as follows: `'The Community Trail througt lots A and B shall be constructed prior t:, occupancy. Public improvement plans for this Coa i!nity Trail shall be submitted and app�aved, prior to the is7.rance of building permits, to the satisfaction of the City Eilgineer and the Trail Advisory Co;nrmil tee. The trail design shall address the potential for erasion in the area of the channel." The applicant is now requesting that construction of the trail be postponed, but that the trail be dPSigned concurrent with Phase I. Staff Mz- ommcads that the Plann'nq Comiris,sior, modify Condition No. b of Resolution No. 88 -54 to rear; as follows: ITFA Mi PLANNING COMMISSION STAFF REPORT Design Revies 11626 - Brimar July 27, 1988 Page 2 "Thla Community Trail through lots A and 6 s;,,.Y be constructed as Follows i.J Public improvement plans for this Community ":'rail shall be submitted anc, approved, prior to the issuance of S:iilding permits for Phase 1, to the satisfaction of the city Engineer and the Trail Advisory - 0=ittee, The trail design shall address the potential for erosion in the area ,1 the - hannel, b) Surety shall be posted, and an agreement executed to the satisfaction of the City Chgineer and the City Attorney prior to th3 issuance of building permits for Phase 1, guarant,W ng the complation of the trail prior to occupancy of P`ase S. III. RC("�MENDATIOH: Staff recommends that the Planning- Commission °.a id"fy condor of approval WmLer 6 of Resolution J8 -54 as indicated above and in the attached modified Resolution. Resp idly ;pitted, AMN rCi 88:BN:vc Attachments: Exhibit "A " Location Map Exhibit "B" - Phasing Plan Exhibit "C" = Train location Resolution 88 -54 Revised Resolution � ) � \ Z y« ©��5'��< \2 }mom »« � \ fit t. �'it itf,1 F1� 1 * •fi !�' l 1� fy` � �' � �. � -.i t •.1 is ivy ant a '0 �� ek 6 e t }, a .. M F r v � � • # '' ,. i ■ � ! .r' ` "'':.c'„ -°rte" 4• j' '., � so'' • I � _ ■ •vim pg 'tia = •, a ; / �•'•� La it gyp �.,.•� . , � t o Fd ; `� - p -r ..• is r r'�ii �T !e 1 is �s. .'•' ,`: � a — Z 8 WF CITY OF tea•' '. ti : t'7 ._ 4� .� }y RANNING FAV51ON EXHIBIT- ALE- --- I `` j Aft RESOLUT10;J N0, 88 -54 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING 72 -82 OF TRACT T 11626 FOR THE OrELOPMENT OF 23� AND SINGLE FAMILY LOTS LOCATED NORTH OF ALMOND STREIlT AT BERYL DWELLING UNITS PER A RE)R DISTRICT APNo�10511- 841 -22 -1G AND 1061- 821 -3, 4, 6, 7, 9 -22 A. Recitals. (i) Brimar Development has filed an application for the Design Review of Lots 37,38,40,41,43 -50 and 72 -82 of Tract No. 11526 as described in the title of this Resolution. Hereinafter, the subject Design Review request is referred to as "the application,, (ii) On March 23, 1988, the Planning Commission of the City_of Rancho Cucamonga held a meeting to consider the application:. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORz, it is hereby found, deternined and resolved by the Planning Commission of the City of Rancho Cucamonga s.s follows: Y. This Commission hereby specifically find:, th ;it 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 Cemmiission during the above - referenced meeting on March 23, 1988, including written. and oral staff reports, this Commission hereby specifically finds as follows: A. That the proposed project is consistent witty the objectives of the Generai Play, ar.d B. That the proposed design is in accord with the objective of the Development Code and the ,purposes of the district in which the site is locaterJ; and C. That the proposed design is in cOmplianee with each of the applicable provisions of the Development Code; and r 0. That the proposed design, t'gether with the conditions applicable thereto, will not be detrimental to the Public h 1 welfare, or materially'. injurious to�Properties or improvements in the vicinity, �Yi P 1 ` Planning Cor►missf Resolution No. 88-54 TT11626 March 23, 1988 Page 2 Ell 3. Based and 2 above, this Commissionfhereby4 approves lthe application hsubjectatoaeach and every condition set forth below and in the cttached Standard Conditions attached hereto and incorporated herein by this reference. (1) All pert;nent conditions of Resolution 83 -95 approving Tentative Tract 11626 shall apply. (2) Lots 37,39, 40, 41, 43, and 82 shall 'nave slope stablillzing devices installed prior *w occupancy release. The design shall be approved by the City Engineer prior to the issuance of grading or building permits., (3) Lots 41 and 43 shall have roller entrances, with a minimum of 2 foot elevation above the flow line, or as approved by the City . Engi.neer. The front yards shall be grade' to provide a positi-se barrier for flood runoff jumping the curbs. (4) All existing curb cuts along the lot frontages that are Plot to bo used as driveways shall be removed and replaced witn standard curb and gutter. OLD (5) All existing trails shall be regraded and repaired as necessary to eliminate erosion problems. (6) The Community Trail through Lots A and 8 shall be constructed prior to occupancy. Public Improvement plans for this Community Trail shall be submitted and approved, prior to the issuance of building permits;. * the satisfaction of the Cit) Engineer and the Trail Advisory Committee. The trail e.esign shall address the potential for erosion in the area of the channel. (7) Carry architectural detaiIin? around the side elevations of each house. 4. The Deputy Secretary to ;his Commission shall certify to the adcption of this Resolution. APPROVED AND ADJPTED THIS 23RD DAY OF MARCH, 1938, PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA uza a iea, a�raran ATTES J l .l` :1-T Planning Cormissf/ Resolution No. 88 -54 711626 March 23, 1988 Page 3 I, Brad Buller, Deputj Secretary of the Planning C6wissiort, /Jf the City of Rancho Cucamonga, do hereby certify that th° ftregoi�g Resotul!(on ws duly regu;4,ly introduced, Gassed, and adopted by the Planning �; mniss'. n of and ontthe 23rdCdayCOfaMarch, 1988, y ar meeting of the Planning Commission held y . following vote- to -wiTC: AYES: COMMISSIONERS:. EMERICIC, BLAKESLEY, CrIiTIEA 1IGES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, TOLSTOY RESOLUTION NO. A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION MODIFYING RESOLUTION 88-94 CONDITIONALLY APPROVING DESIGN REVIEW FOR LOTS 37, 38, 40, 41, 43 -50 AND 72 -82 OF TRACT NO. 11626 FOR THE DEVELOPMENT OF 23 SINGLE FAMILY LOTS LOCATED NORTH OF ALMOND STREET AT BERYL STREET IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAI 2 DWELLING UNITS PER ACRE) - APN; 1061- 811 - X12 -16 AND 1061 - 821 -3, 4, 6, 7, 9 -c ^2. A. Recitals. (i) Brimar Development has filed a request to modify a cofidition Of' approval regarding Ccvnmunity Trail construction through Lots A and B of Tract 11626. Hereinafter, the suLject request is referred to as "the application ". (ii) On July 27, 1988, the Planning Commission of the City of ,Rancho Cucamonga held a meeting to consider the application. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by tho Pkanning Commission of the City of Rancho Cucamonga as follows: 1.- This Commission hereby specifically finds that all of the facts sei, forth in th€ Recitals, Part A, of this Resolution are true and correr..t. 2 Based upon substantial evidence presented to this Commission during the above- referenced meeting on duly 27, 1988, in;;luding written and oral staff reports, this Commission hereby specifically finds as follows: A. That the proposed projict is consistent with the cbjectivns of the General Plan; and B. That the proposed design is in accoz -d with the objective of the Development Code and the purposes of the district in which the site is located". aP4 C. That the proposed design is in compliance with each of the applicable provisions of the Development Code! and 0. That the proposed design, together with the conditions applicable thereto, will not be detrimental -to the public health, safety, or welfare, or materially injurious to properties or improvenents in the vicinity. PLANNING COMMISSION RESOLUTION NO. P3 -54 TRACT 11626 July 27, 1988 Page 2 3. Based upon the findings and conclusions :et north in paragraph I and 2 above, this Commission hereby modifies Crndition No. 6 of Resolution 68.64 to read as follows: (6) Tne Community Trail through Lots A and B shall be constructed as follows: a) Publiic improvement plans for this Community Train shall be submitted and approved, prior to the issuance of bu !fling permits for phase I, to the satisfaction If tOe City Engineer and the Trail P,o'visory Cltmrittee the trail design shall address the potential for erosion in the area of the chariel. b) Surety shall be posted and an agreement executed to the satisfaction of the Lity "ngineer and the City Attorney prior to the issuance of bmildirg permits for Phase I, guaranteeing the completion of the trail prior to occupancy of Phase III. 4. The Deputy Secretary to this Commission shall certify to the adoptio�j of this Resolution. APPROYFr3 AND ADOPTED Tmrs 23R;q Dpy OF l+mARCH, 19 '8. PLANNING m OWISSION OF THE CI1'f OF RANCHO CUPP AA%0.4 9Y; r. "r9. . e , ATTEST: F ad SU,"ier;`1TcVU acre wry I, Brad Buller, Deputy 5eerptary of the Planning Corenissiun of the City of Rancho Cucamonga, 40 hereby certify that the foregoing Resolution was 40y and regularly introduced, passed, and adopted by the Planning Commission of the City Of Wchr Cucamonga, at a regular meeting of the Planning Cannission held ovi the 23rd day of March, 1988, by the following Vote -to -wit: RYES., CONKIS310NERS: klOmsc CCtiptlS�?nuruc• i --- - CITY OF - RANCIzO CU AMONGA ST"F REPORT r ,. OATS: July 27, 1988 TO: ChairMn and Members Of ' to Planning Commission FIRM: Brad Buller, City Planner BY: Mincy F -frig, Associate Planner M8JE',T; VIRGINIA DARE CUTEM PAWING The applicant is requesting a continuation of this item for two weeks. Attached t he Planning sCommissionscontinue this applicant. erro to the August 10, 1988 regular meeting. Respectfully submitted, t ' Brad Buller City Planner BB:NF :te Attachment: Letter f".,m Applicar, ITEM H Larp Wolit A. Dale Land, A I.A. OPP G3ylcrrd Chrutopher. A i George M. Wiens, A.IA Ro'jeri J liauslay, 4 ` nop July 19, 1988 Nancy Fen', Associate Planner City of Radcho Cucamonga Planning Depar=ent 9320 Base Line Road Rancho Cucamonga, CA 91720 Re: Request for Time Extension Virginia Dare Place Project No. 87- 133.3O Dear Nancy: On behalf of dower Partners, I am requesting a two week time extensioe regarding our scheduled Planning Commission review of the Virginia Dare Place project.. 1 request that our agenda iteir be rescheduled from the meeting: of July 27 to Augi;:st 10. It is necessary that a revised parking projection be received ",rom the City0s Traffic Engineer, utilizing the correct amounts of building category, square footage, and related parking as discussed at our last meeting of Monday, Jurle 27, 1988. We also require an additicsnal two weeks in order to develop a thorough presentation to the Planning CO,waission. Towe * Partners also requires some additional time in order to prepare a compre- hensive list of proposed mitigating measures which they are prepared to do in order to reinforce the sha_sd parking concept. At your earliest conven4 nce, I would appreciatEt a shod' meeting with you, to discuss t'a revised parking projections required, Thank you for your attention and cooperati-an in this matter. roster Partners /U Z' Tower Cucamonga California 9.730.3754 Ey= L1 DATE: TO: FROM: SUBJECT: — �-- ---- -� CITY OF RAX011 0 CUCAI ONGA STAFF REPORT July 27, 1985 Chairman and Members of the PIannir,9 Commission Jack Lam, Assistant City Manager i i AMENDMENT TO PLANNING COMMISSION ADMINISTRATIVE A£GULATIONS BACKGROUND: On January 24, '1979, the Planning Commission adopted Administrative Regulations for Planning Commission meetings, Ar. part of these Administrative Regulations, the Community Development Director was designated as the Secretary to the Planning Commission. For quite some time, the City Planner has served as the D, puty Secretary,. providing te.hnical and administrative assistance to the Planning Commissi:,jn. in order to more clearly define staff's role, it is )vc=ended that the City Planner be designated as the Secretary to the Planning Commission. It is further recommended that the Deputy 4,ty Planner be designated as the Deputy Secretary of the Planning. Commission, thereby grdnting authority for the Deputy Secretary to act as the Secretary in his absence. The attached rdministrative Regulations reflect the changes in staff's role as weli as minor amendments to bring the Regulations into compliance with Government CoJe. RECOMMENDATION: It is recommended that the Planning Commission approve the attached amended Administrative Regulations by Minute action. Reectfully bmitted, Jack Lam Assistant City =tanager !Jr Attachments: Administrative Regulations, Revised ITEM CITY OF RANCHO CUCAMONGA PLANNING COABUSSION ADMINISTRATIVE REGULATIONS CHt PTER I A. Election and Term of Office w '.. The Planning Commission shall elect a Chairman c�- i Vice- Chairman from its appointed members for a term of . one year, at the f*:rst regular nutting iu July of each year. 2. The Chairman and the Vice- Chairman shall bold office for one year and thereafrEr until their successors :ra elected. In case of any vacancy in office, the vacancy shall be filled- by an election held at the first regular zmeetiiig Jter the occurrence of such vacancy. Duties of Officers and Staff I. Chai_____rman - The Chairman shall preside at all - ,neetings -of the Commission and shall appoint all commi6te:s and shall perform gill other duties necessary, customary or incidental to the office. 2. Vice- hairrnan _ - The `yi%:,;.Chairman, in the Chairman's aoseace or inability to act, shall take the place and perform all duties of the C'hasirman. In the event of absence or. inability to act by both the Chairman and Vice - Chairman, the remaining members of the Commission shall elect one of their me ,tubers to act as temporary Chairman. 3 • 39 Y__ - The City Planner shall ' advice to the Planning C�mmisslon, sh:lla assist the Commission in the discharge of their responsibilities and shall maintain minutes of the meetings and records of hecrxings and official 3.1dons. AWL 4. deputy Se9=11il y ` - lihe Deputy City Planner shall serve as the Deputy Secretary to the Planning Commmissiot#, and shall( perform all the duties and have all the authority of the Secretary in the Secretary's absence or inability to act. C Meetings 1 • "a� a 1'�L _ > t - Regt lar meetings of the Commission shall be olren to the public and shall be held on the sceonci and' fourth Wedaesiays of each month at 7;00 p.m. in the Council Chambers of the City. If the regular meeting day fads on a legal holiday, the Commission or the Secretary may fix anothex day thereafter. Any regular meeting of the Manning Commission may be, adjourned to another placo and tbae certain within the City. 2. S1 td& etinrrs - Special meetings and study sessions shall be open to the public and shall be hold at such time and dace as the Commission may determine or they may be called by tire, Chairman or majority of the members of the Planning Commi,�.,lon upon 24 howl notice pursuant to the Government C -de. The S-,� stagy shall be responsible for givin, . ny !necessary notice of such special meetings as prescribed by law. D. Agendas for Meetings I. Provision should be made - for the preparation of agendas. Copies Of the prepared a enda should be made available tc members of the public attending the regular C-mirrdssion meeting by placing saute near the entrance of the place of the meeting. No matter atfi,*.r than those on t>@e agenda should be acted upon ty - -he Planning Commission, abset: urgent or emergency action taken in compliance with Government Code. -2- 7 /0701-02 07-27-88 PC AM enda o . M E 2. A copy of the agenda for every regular meeting of the Planning Commission shall be posted in compliance with Government Code and provided to each member no later than V hours prior to the date of the meeting at which such agenda is to be considered. 3.. It shall be the right of any Planning Cotmnissioacr to place any item on the agenda provided such item is added at least ten (10) days prior to the meeting in which it is considered, except for public hearing items. in the case of public bearing items requested by a Plannin Commissioner, a request must be considered by the Planning Commission as a whole prior to scheduling. Order of Business 1. The order of business at any regular meeting shall be as follows: a. Meeting called to order b. Pledge of Allegiance C. Roll Call d. Approval of minutes e. Announcements C Consent Calendar g. Public Hearings h. Old Business i. New Business k. Director's Reports 1. Public Comment M. Commission Bus=iness n. Adjournment F. Qnjrum I. A quorum shOl be three members present. -3- D �i d 7 y Cad Cz Voting 1. A tie vote on any motion shall be construed as f©llows: a. On any matter where the Planning Commission is acting in an advisory body on a legislative action (i.e., General Plan or Development District Amendment, et. 'seq.), the action shall be forwarded to the City Council with no recommendation. h. On any matter where the :mandatory time for a decision on an application (CaliforniA Government . Code Sections 65950 et seq., 66452.1, et seq.) will expire }prior to the next regular meeting, the application shatl be deemed denied, without prejudice. C. On any matter not in jeopardy of such mandatory decision time periods, the motion shall be deemed a nullity and the item shall be open for x new motion which will not result in a tie vote or a motic-1 to continue the item. 2. In the event any Planning Commission votes in the minority of any item cotring before the Planning Commission. it shall be the policy that such Panning Commissioner state the reason for *he minority so that said reason may be recorded in the minutes. 3. Every official act taken by the Commission shall be adc -ptea by a majority of the Commission or quorum present. 4. A roll call vote shall be taken upon the passage of all resolutions or upon request of aty Planning Commission members. 1 Time Limit 1. No matter shall be commenced after 11:00 p.m. except by majority vote of the Planning Cor,missioners present. 4_ (6� 1' - M' �A 1. Rules of Order for Conduct er Proceedinjes '. The Chairman Of the presiding officer and Pit,ining Commission shall be the shall immediately fallowing assume all duties as such election. The Chairs :tan shall preserve strict order and decorum at all meetings of the F tanning Commission, state Planning Commission, questions coming before the announce its decisions on all subjects and decide however, to all questions of order; subject, an appeal whole in which to the Planning Commission as a event Commissia- members a majority vote of the Manning shall govern and conclusively determine: such question of order. The Chairman shall vote on all questions. 2. A the absence of the Chairman, the Vice - Chairman shall call the Planning Commission to order, In the absence of the Chairman and Vice-Chairman, the SecrOtary of the Planning Commission shall call the Planning Cornmissiers to order, whereupon a temporary Chairman shall be ele,. zd by the Planning Commissioners present. Upoa arrival •.af the Chairman or Vice - Chairman, the temporary Chairman shall relinquish the chair at the conclusion of the item before zne Planning Commission. d, Preparation of *Iinutes 1. The minute of die Planning Commission shall be kept by the Secretary of the Planning Commission and shall be neatly type-written in a book kept for that purpose, with a record of each particular type of business transaction . set olf in paragraphs, with proper subheads; provided, that the Secretary of the Planning Commission shall be required to make a record only of such business that was actually passed by a vote of the Planning Commission, and shall not be required to record any remarks of Commissioners or of L-ly other person, except at special request of a Commissioner, provided, further that a record shall be made of the narnes and addresses of persons addressing the Planning Commissiot., the title of the subject matter to which the remarks are related, and whether they spoke in support of or in opposz,;?,t to such Matter. F- U VIV 2. As soon as possible after each Planning Commission meeting, the Secretary of the Planning Commission shall cause a copy of the minutes thereof to be forwarded to each Commissioner, the City Manager, the City Council, the City Attorney and the department heads. K Apprs►val of Minutes I. Unless the reading of the minutes of the Planning Commission meeting is requested by a Commissioner and approved by a majority vote, such minutes may be apvroved without reading if the Secretary of the Planning Commission previously has furnished each Commissioner with a copy thereof. Nothing may be added to the minutes, except that they may bz- ascended by a majority vote of the Planning Commission members to reflect correctly the business of the Planning Commission at such meeting.. L. Rules of Debate 1. Pmsiding Officer mu del ate and vote,, Tho presiding officer may move, second and debate from the subject only to sucib limitati6ns of debate as are by these rules imposed on all Commissioners, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of acting as the presiding officer. 2 Getting the flog: imp gper references to be avoided. Every Commissioner desiring to speak shalt address the ctiair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. 3. Tnterrufstions. A Commissioner, once recognized, shall not be interrupted when speaking unless it is to call to order or as herein otherwise provided. If a Commissoner,,) while speaking, is called to order, the Commissioner shall cease speaking untii the question of order is determined, ant-A. if in order, shall be permitted to proceed. a 5� Di gatifieations a abet *ion. No Planning Commissioner nd shall be permitted to disqualify or abstain from voting unless reason for such disqualification is stated. Disqualifications and abstentions shall not be counted by the Secretary of the Planning Commission except as such. y, �,tence�c4I9 °t�•a affirmative vote. Unless a Commissioner states a reason for not voting, silence shall be recorded as an affirmative vote. 7. _t?rder. Except as otherwise provided in this p,asolution, the latest edition of "Robert`s Rules of Order, Revised shall govern the coiiduct of the meetings of the Planning Commission. However, no resolution, proceeding or other action of the Planning Commission shall be invalidated, or the Legality thereof otherwise affected, by the failure or omission to observe or follow such ruleq. it is the responsibility of the Chair to control public debate so that repetitive or irrelevant remarks are not made; so that everyone has had a chance to apeak- before others speak for a second time-, and so as to expedite the business at hand. No person shall speak more than twice during the same meeting to the same questioa, :nor longer than five (5) minutes at one time, without leave of the Chairman or Commissioner presiding at the meeting. Whenever any group of persons wishes to address the Pdanninr commission on the same subject matter, it shall be prti per for the presiding officer to request that a spokrzman be chosen by the group to address the Planning Commission, and in case additional im -tters are to be presented at the tim° by any other member of said group, to limit the nutrbeA of persons addressing the Planning Commission to avoid unnecessary repetitions. A Decorum 1, ]By commission -,-Member-L,, While the Planning Commission is in session, the members- shall preserve order and d -.corum, and a nakember shall neithct by conversation or otherwis , delay or interrupt the proceedings or the peace of the Pluming Commission, not d6 arb any member while speaking or refuse to obey the crCers of the Planning Commission or the presiding officer, Except as (;-"- Nrwise herein provided. 2. Ay— ;- ;ber persons_ Any person, while in attendance at any Planning Commission meeting, shall preserve . order and decorum, and any person shall neither by convers ition or otherwise delay or interrupt the Planning Commission proceedings or the peace of the Planning Commission, No person shall dis'urb any Planning Commission member while speaking or refuse to obey the orders of the Planning Commission. or 'the presiding offices. Y, Motion to Adjourn 1. A motion to adjourn shall always be in order, and shall be decided without debate. (Z Planning Commission Policies 1, Publicity, The Secretary shall release all official information or stories to the press at the approval of the City Manager. Copies of all publicity items shall be distributed to the Commission for their review and informatie:a. 2. Attendance, Each Commission member shall attend every regular or special meeting unless unavailable with prior notice being provided to the Chairman of the Commission or the Secretary. The Commission may excuse members if prior notice is given to the Chairman and /or Secretary. In such an instance, the absence oa a Commission member shall be recorded in the minutes and be ciassified as being excused if prior notice has been given. A maximum of seven (7) absences (excused or unexcused) accumulated during any year beginning July 1 and ending June 30, or a maximuhn of three (3) unexcused absences durit►g any year beginning July 1 and ending June 30 shall cause the Planning Commission to declare the seat vacant and cause the Planning Commission to recommend that the City Council remove said Commissioner. Sper.ial meetings called in the absence: of a Planning Commissioner, whether said absence is excused or unexcused, shall not be. ='Anted ,against:: said Commissioner. 3.' Conflict of Int rest, Any Planning. Commissioner who has had a direct or indirect financial interest in any 'matter before the Commission shall publicly disclose for the official record the nature of such interost and such Commissioner shall not participate xn any discussion o the matter nor vote , thereon. 4. Additional Policies Additional policies are as filed in the office of the Community Development Department.. P. Amendan�nts These rules and regulations may be amended by the Commission at any regular meeting by -,m iffirmative vote of the members of the Commission or at any Special meeting provided that the proposed amend-meat is included in a written notice of such a meeting,.