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HomeMy WebLinkAbout1991/07/24 - Agenda Packet ao0 2 m 11 c Gila C z of 2 '4q�c9 CITY OF RANCHO CUCAMONGA ` PLANNING CCAIMISSION, - 7 AGENIDA ' ' f> 1977 J ". r r WEDNESDAY JULf)24, 1991 7:00 P.M.. PnNCHO CUCAMONGA CIVIC;CENTER ,COUNCIL C10.14BER f 1050-0 CIVIC'C:V9TER DRIVE ,' C c, RANCHO CUCAMONGA, CALIFORNIA „I ':',Pledge of,Allegiance 1 = 11. Roll Call Commissioner�Chitiea Commissioner Tolstoy Commissionerk,gcNiel �' Commissioner Vallette _ Commissioner i4lelcher _ III. :Announcements If. approval of Minutes June 12, 1991 AVA Adjourned Meeting of Junes .20 1991 t V. Public Hearings The following items ar: ,public hearings ii ., which concerned, individuals ra%.y voice their opinion of the related project. Pleu6e "it to be recognized goy the Chairman and address the Commission by Mating your name ;and address* All such opinions stall be limited to 5• minutes per individual for each project. Please sign, in after speaking. A. ENVIRONMENTAL IMPACT REPORT FIR SPECIFIC PLAN 90-01.AND GENE?-AL PLAN AMENDNtsNT 90-03B CITY OF RANCHO, CUCAMONGA - A public hearing to comment on the draft environmental .impact report prepared for the Etiwanda North specific t Plan and LGeneral Plan Amendment 90-03B to- " prezone approximately 6,840 acres of territory, in the Rancho Cucamonga sphere-of-influence-to provide for 3,613 single family; `dwelling,units on 2,473 acres ,of vacant land, 28 acres of neighborhood rommercias} use, 4 sclionlS, 5 parks, an equastrian "^enter, and preservation•, ",' of 4,112 `acres of opeli space generally located north of Mi g,,land Avenue (Statel) Route 30),, lift south of the Be Bernardino National Forest., wesi:" of the "City of Fontana, and east of, Milliken `'Aaenue;: (Continued from. June 26, 1991.) (TO BE �ONTINUSD TO AUGUST 14, 1991.) j ENVIRONMENTAL ASSESSMENT -AND SPECIFIC,,PLAN 90-01: - CITY OF RANCHO CUCAMONGA - A request to recommend approval of the Etiwanda _North Specifi« Plan, prezoning approximately G,840 acres .,,)f territory in the Rancho Cucamonga sphere of influence to, provide'yifor 3,:613,single family dwelling units. 2,47S ac),es of vacant land, 28 acres of neighbors-mil cw��Aerdial use, 4 ;'school's, 5 parks, "an equez.. .. center, and preservation of 4,112 acres` ,:,, ,open space jeneral]`y located north of HigE `and Avenue ti (Stag: Route 30), south of the Sl' Bernardino National Forest, Vast of the Cit. )f Fontana, and east of Milliken Avenue. ( iinued, from ' June 26, 1991.)' (TO BE',,CONTXNUEI /AUGUST 14, 19910 C~-=ENVIRONMEWAL ASSESSMENT AND GENERAL PLAN AMENDMENT 90=03B r CTTY OF RANCHO CUCAMONGA - A request to recommend approval of a General Plan Ar�ten,rwent to provide cons stency,,-with the draft +' Etiw}anda, North ' Specific Phan,. prezoning approximately 6,840 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single family dwelling units on 2,4731 acres of vecant land, ,8 acres of, neighborhood commercial •use, 4 schools, 5 parks, an equestrian center, and preservat�,;� of. 4 112f /'acres %f open space' generally located north of H n;zlan Avenue (State Route 30), south of the sa,if Bernardino National Forest, west of the Cdty of Fontana, and east of Milliken Avenue. (Continued from June 26, 1991.) (TO BE CONTINUED TO AUGUST 14, 1991.) \� D. ENTERTAIkkENT 'PERMIT 91-02 SAM°S PLACE - A i request to .conduct' live='music in 'conjunction with a restauran:' and bar located in the Neighborhood Commercial District at . 6620 ' Carnelian Street, northwest corner,, of 19th�-and Carnelian Streets - APN: 201-Sli 56 throiiiYh 60, (Continued from July 10, 399111 E. COITDITIONAL USE PERMIT 78-a3 `4tS r'f PLACE - A review of compliance with(r: ':bidi'tis'oons of; approval and consideration of `sus a ° -.. P n, a n or revocation of the Condi��ion"I Use Permit for a rl restaurant and bar located in the Neighi,�orhood � Commercial District at 6620 Carnelian Street, northwe--t corner of 19th. and Carnelian Streets AFN: ``_201-811-56 through 60. ,1°(Continued from July, 10, 1991.), AiNhL y ,q rk F. AMEIIDMENT` TO CONDITIONAL USE PERt 78-03 SAM"S PLACE - A request to extend the hours .of operation and amend 'the condition of approval prohibiting live entertainment for an existing �i restaurant and bar located in the Neighborhood Commercial District at 6620 Carnelian Street, 4 northwest corner of 19th and Carnelian Streets APN: 201-8, -56 through 60. (Contiilued Troia July 10, 1991.) G. ENVIRONMENTAL ASSESSUENT ANC CQNDITIO2`AL USE PERTYIT 91-08 CIAS - A request to, allow retail sales in conjunction . with a,'', light wholesale, storage, and distribution use Jvithin :an, existing 17,344 square foot bui`iding in the Industrial Park District (Subarea; 5) of the Industrial Area Specific Plan, located on the east side' of Monroe,-Court, north of Jersey _ Boulevard - APN: 209-144-42. Staff recommends issuance of a Negative Declaration. H. CONDITIONAL USE: PERMIT 91-23 - At MEDICAL GROUP - The ,request to allow ,,a mobia:e CAT scanner traile- to operate within the; parking lot of an ex 1+ 1ng office complex on 1.57 acres of land ,_ .. ,the Industrial Park District (Subarea ' j­ of the Industrial Specific Plan .located at 10837 Laurel Sti:aet APN 208-3j2-16. VT. Commission Busiiaess \; I. SELECTION OF ALTERNATES FOR TREE PRESERVAltION ORDINANCE- AND DEVELOprIEN REVIEW PROCEssING SUBCOMMITTEES Oral report: �s J. TRAILS COMMITTED` APPOINTMENT -,Oral report F .l V11. Public Comments This ss the time and place for the general public to address the Commission. Items to be discussed nere are those which do not already appear on this agenda. VIII. Adjournment ,The Planning Commission has adopted Administrative Regulations that set an 11:00 P.M. adjournment IF,i time. If items go beyol`nd that -time, 'they shall ;be• � . heard only with the consent of the Commission. ,, Or 11(tz vidlo nity snap 9rvra�rrr . e Rne•s, IPA—aj it ti. ••. :,t adl nR • tJ=' rf• r R � .... .. ..... 4,IL,p .WA— ' s uancENTU 1 � I41r V Y is n - (E r Jfi v eMre . wR.. 4` — •4C6 a f! cow MVP `i 1 .a ,7t 61n gg i� t 8 ! city irancho cucansonga CITY OF RAN`WO CUCAMONGA f,. 1 a DATE: July 24, .1991 ri TO: Chairman.and Members of the Planning Coumzission L `- FROM: Brad Buller, City Planner i BX: Miki Bxatt, Associate Planner SUBJECT: ENVIRONMENTAL IMPACT RE150RT FOR SPECIFIC PLAN 90-01 AND GENERAL PLAN AMENDMENT'90=03B - .CITY OF RANCHO CUCAMONGA A publ c, hearing to receive 66 mnent on the draft environmental 4:zpact report's,rrepared for the Etiwanda a North .Specific Plan and General Plan Amendment 90-03B'to ' prezone approximately 6�$40 acres of;yterrItory in 'thu Rancho Cucamonga zpherti-of-influence to provide for 3,613 single ;fas.3y dwelling units on '2,473 acres of vacant land, 28 acres of neighborhood commercial use, 4:svhool 5 parks, an equestrian center, and preservation of 414t2 acres of open sp4ce generally, located north,of Highland Avenue ($tata;?'itcute 30), south of the. San Bernardino National Forest, west of the City, of Fonraaa., and ease of Milliken Avenue. i ENVIRONMENTAL ASSESSMENT,ANG'^ate^,IFIC PLAN 90-Q! - CITY OF ; RANCHO CUCAMONGA - P_ request't:<s'recommend approval o£ the - Etiwanda North Specific. Plan, pzexoning }approxxmate�y 6,840 acres of territory in the Ransha Cucamonga,sphere- o -influence to provide for 3,613 s.nglefamily dwelling units on 2,473 acres of vacant land, 28 =acres of neighborhood commercial use, 4 schools, 5 parks, ,an equest�:lan tenter, and preservation of 4,172 acres of open space generally located north of Highland Avenue (State A Route 3U), south of the San Bernardino National Forest,- i west of the City of Fontana, and east aE Milliken Avenue. ENVIROVMLNTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 90-03B - CITY OF RANCHO CUCAMONGA - A request to recommend approval of a General Plan Amendment to provide J consistency with the draft Etiwanda North Specific Plan, prezoni.ng approximately 6,B40 acres of territory in the Rancho Cucamonga sphere-of-influence to 4 p provide• for 3,673 single fami?7 dwelling units on 2,473 acres of vacant land, 28 acres of neighborhood commercial use, 4,schools# 5 parks, an equestrian center, and preservation of 4,12 acres of open space generally located north of Highland Avenue (State Route 30), 'south of the San Bernardino National Forest, west of the City aF Fontana, and east of Milliken Avenue.. x"MS S-c CITY OF RANCHO CbCAMONGA AMENDMENTS Jury 24, 1991 Page 2 These items were heard by the Planning Commission on June 26, 1991 and continued to- this meeting. Staff r_equests`a continuance of. Jthese items to Augusi 14, 1991- TpA purpose of°the continuance is to provide adequate time to compLW6 the responses to the comments `received on the draft Environmental Impact Report for the Etiwanda North ;Specific Plan, including 16 written czomments and the oral testimony presented at,th'{1 June 26y 1991, public hearing before the Planning Commissions The rt;vised schedule for completion 'of the draft final Environmental. Impact Report and revised draft Etiwanda North Specific Plan is., August 1, '1991 with the documents availab7;e for gpublic review-beginni�o.August 8, 991 `'l mrtted, er BB:MB:js f, MEN 4 J r• a i �� ra CITY OF RANCHO CUCAMONGA STAFF REPORTJNL r, DATE: July 24, :1991 TO Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, Senior Planner SUBJECT: CONDSTLONAT, USE PF!RMTT 78-03 - SAMI S PT.Arx. -.A review of compliance with conditions of approval and consideration ';iof suspension, „- revocation, or modification of the Conditional Use Permit for a restaurant and bar located in the Neighborhood Commercial District at 6620 Carnelian Street, northwest corner of 19th and Carnelian Streets' - APN: 201-811-56 through 60. (Continued from July 10,1991.) ENTERMIMENT P aMTT 91-0 -.RAM IS PTAnP _ A request toIaonduct live music in conjunction with a restaurant,and bar located in the Neighborhood Commercial District at 6620 Carnelian Street, northwest corner of 19th and Carnelian Streets - APR: 201-811-56 through 60. (Continued from July 10, 1991.) j EMENDMEb'T TO ^ONDrTTONAL USE'PFaMi'T 78 03 a JL CZ -- A request to extend the hours of operation and amend the Condition of Approval prohibiting live entertainment for.an existing bar and restaurant located in the Neighbo*'hood Commercial District e,t 6620 Carnelian Street, northwest corner of 19th and Carnel ai:=5treets - APN: 201 811-56 through 60. (Continued f am July 10, 1991.) I, MSTE&= The purpose of this_report is three-fold. It is as follows:_) A. COnditinnal Use permit No 78-03 'Review of compliance with the Conditions of Approval for Sam's Place, specifically the hours of operation, and consideration- of evidence for modification, suspension, or,revocation of the Conditional Use Permit. B. Ente Jairffrk-nt P rmi N 91-0,,,,, Review and consideration of action. on th,r Entertainment`Permit request for SaW s'Place to conduct live music consisting of a'duet (singer 6 guitar player) from Tuesday thrr jh Sunday ,9 p.m. to 1 a.m. C Conditional Use PAMit NO 98 -03 m n ment sl,®...,.. Review of the .requests to extend the hours of operation and,to eliminate the condition of approval prohibiting live entertainment; II. HAC%QB9UW? The compliance review, the Entertainment Permit application'. and the amendments to the Conditional Use Permit (CUP) were continued from July 10, 1991 to this regular meeting at the request of the applicant., The compliance review comes about because of a complaint_received by the: City,regarding the hours of operation, ` A routine inspection of the subject business, Sam's Place, validated the complaint. To date, and as verified by the attorney, Mr. John Mannerino, representing Sam's Place, the business is operating beyond the 11 p.m. limitation until 1 or 2 a.m. in violation of the Conditions of Approval and live entertainment is being offered from 9 p.m. to 1 a.m. without the .benefit of an approved Entertainment Permit. Attached for your reference is the May "8, 1991 Investigative Report by the City's Code Enforcement staff (Exhibit D). iTEHS D;P •'r y ij PLANNING COMMISSION STAFF REPORT CUP 78-03 & EP 91-02 SAM'S PLACE JULY 24, 1991 ,Page 2 Amok In order for the Commission to assess the CUP+s compliance review and the Entertainment Permit, it is important to review the history of this.-.- business location, 'which is ;briefly outlined below. For more-detailed information, please refer to Exhibit "E," a chronology of'the history of the business location. ' w in 1985 the Commission modified the CUP by limiting the operating hours to f 11 p.m. and eliminating the live.entertainment u-�e as a 'result of complaints.. received from the surrounding residents '`t"see,Exhibitr"C" Planning Commission Resolution No. 83-117A). This decision was appealed to , and upheld hy, the.,City Council'.' In May of 1990 the applicant, who bought the business, requestedlthe:extension Of the operating hours. The Commission reviewed the request in august of 1990 and-deliberated cn the issue of whether the hours of'operation should be extended and If so, for how many days-of the week. The Commission finally approved the amandltent allowing the extension of the,hours of operation from ll P.M. to midnight, ' Sunday through Thursday, and `Fzom:11 p.7.ri:. to 2 a.m. on Friday and Saturday. The Commission'also agreed that the-appzeval was for a period of six months subject to their review for any extension. IJ The decision of the Commission was timely appealed by two member� of the Council. At the November 7, 1990, appeal hearing "the: Council deliberated on the issue of`>compatibility'with the surrounding residences. At the conclusion of the appeal hearing on December 19, 1990., the Council determined that extending the hours of operation would not'-1-A..-appropriate and upheld the appeal. It was determined the hours of ope=lion should remain from 11 a.m. to 11 p.m. for this business. III VANALUIS.L This section of the report will focus on the compliance review with options for the Commission to consider, the merits review of the proposed Entertainment Permit, and .the related amendments to the Conditional Use Permit.. Staff auggests that the Commission address these_ issues in the following order: A. Stria 78-03-- 1. Review of CoMjLianee with Conditions ,of Approval_ Based on the nvestigative Report, Sam's Place is now in non- T ; compliance with the Conditions of Approval limiting the hours. Staff believes that the routine inspection] Investigative RepaY�, and applicant's admission of violation are substantial i�'Adence to warrant setting a hearing to consider the suspei;sion, revocation, or modification to the CUP. 2. Qj *one 'for the -o m.ss on to Cons fir- The Planning Commission, after conducting a hearing, may take one of the .j. following actions a. Find that the CUP is notbeing conducted in an appropria^fe manner and that modifications to conditions S are neceLiary. RESULTS: 'This option would allow the Commission to impose such reasonable conditions t0 correct problems' regarding the operation of the business activity. However, the applicant has already demonstrated a' disregard for conditions. Therefore, staff would. recommend monitoring the use for six-months and reporting back to the Commission at that time. PLANNING COMMISSIOR STAFF REPORT " CUP 78-034 EP 91-02 SAM'S'PLACE JULY 24, 1991 Page 3 Iy b. Etnd that tha CUP is not being conducted in art. appropriate manner, and ,that modifications are not available to mitigate the impacts and, therefore, suspend or ,revoke the permit which requires the operation to cease and desist in the time allotted by the Conv ssion. RESULTS: Should the Comnissioir'choose to suspend the CUP, a time.period for the suspension should be specified. if the Commission chooses to revoke the CUP, a minimum time period to reconsider any new application for the CUP should be specified. In either case," Sam's-Place could continue to ,operate as 'a` restaurant without :entertainment or bar (incidental, sale of beer and wine only) because that is a use permitted,by right for this zone. f�1 1e1 B..: Awnrlm_nt to CUP 18-03 ?xtpna= th hou s n_f ope at9�.;&L On May, 15, 1991, the applicant submitted a request to extend the hours of operation. in reviewing this application, staff found that the:previous request was deniediby tha. City,,"" ncil on January 2, 1s91 (formal adoption of a<resolution of den i._ The Development Code has a provision stating that no new appl `_icn iaor a CUP for the same or substantiany the same reTiest on the:`same site shall be filed within one year"'_rom the date of denial. Stai'f contacted the applicant to'inform him of this code provision and suggested that he withdraw the application. Thg applicant wished to pursue the application as submitted (see',,une 27, 1991 letter from the attoz representing Sam's Place). Based an 'the above 3escribed C,-ae' provision, the Planninf Commission, cannot consider the request legally. Therefore, stai,f has no alternative but to recommend that the Planning Commission deny the xequest:�•The-following are options for the applicant: v a. Withdraw the application, that is the re-Iuest to extend the hours,of operation, i ;;he`public hearing. RESULTS: No Ovation will—sp needed from the Commission. This option allows the-'applicant to refile after January-2, 1992. b, Denial by the Planning Comm, 9sion of the new application. RESULTS, The action will be consistent with the provision as contained in the Development Code. This option prohibits the applicant from refiling the same application untill after July 24, 1492. .. „ C'7 C. Entertainment P = ai-0 In reviewing the merits of the Entertainment Permit application, staff found that the related CUP has a specific Condition of Approval prohibiting live entertainment (Exhibit C - Resolution No. - 83-117A), Therefore, the applicant has requested an amendment to 1 the CUP to eliminate this condition. II 1. P�o�oRed •n rta;n `nr Activitieso The applicant proposes x have live music consisting of a duet (singer & guitar play/ in his bar and restaurant. The, live entertainment st"-eis from 9 p.m. to 1 a.m.,-Tuesday r - gh Sunday. The primary' PLANNING COAASISSION STAFF REPORT {� CUP 78-03 A EP 91-02 SAWS PLACE JULY 24, 1991 Page 4 _ AML issue in reviewing I "_e l �� ��_;�ntertainmen• Permit is the YAW compatibiUty of the use to the surrounding residents. Immediately to the west of the business location are: existing single family homes. `Tt was the combination of live entertainment and long,hours of operation into the morning hours by previous owners of previous businesses that led to the disturbances and problems identified in the past. The City had responded by imposing an 11 p.m. closing time and eliminating' the live entertainment back in 1985. Follo%rirg the imposition of ,the 11 p.m. closing time, the City no. longer received complaints from surrounding residents. However, the City recency received a complaint from one of the residents to the west of-the-business. - The resident objected to the loud noise and music and the disturbances that occurred in the parking lot: 2. Fire and Sheriff,Department*.-,- Both the Fire and Sheriffs Departments have%been-contacted for 'comments. The Fire Department indicated that: they foresee: no..problems with the. Entertainment. Permit. The Sheriff's Department stated that thee• have no record of calls for service to the business location since 1989. 3. Zj,nclings: To consider the _)?n esta3�mt« Dermit, the Commission must hear and determine ai-t �,t facts and evidence relevant to the applicant and supervisory employees, as well Mas;r:the entertainment prcposed�#includ,ng<.the nature and rotation of the proposed entertainment..` The Commission may deny the permit if it,,finda an(i determines any one of the following: % a. The conduct of the estab;ishment or the granting of the application would be coitrary to the publiq_-health, safety, morals, or walfail' b. The premises or estab1!dki-",nt is likely to be operated in an illegal, improper, 'Ori disorderly manner. C. The applicant, or any other person associated with him as principal-.,or partner or,in a position or capacity, involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in any court of competent jurisdiction of agy offense involvingthe presentation, ; exhibition, or performance of any obscene show of any kind or of a felony or of any prime involving moral turpitude or has had any approval, permit, or license issued in conjunction with the sale of alcohol or the prOV1sion9 of entertainment revoked within the preceding 5 years. d. That the granting of the application would create a public nuisance. e. That the normal operation of the premises would interfere with .the peace and quiet of any surrounding' residential neighborhood: The applicant has made any, false, misleading, or fraudulent statement of material fact in the required _1 application. j� PLANNING COMMISSION STAFF PORT CUP 78-03 fi EP 91-92 - SAM'S`IPLACE JULY 24, 1991 1� Page 5 al f3 � t.4 4. jConclusion,, Based on 6e above .analysis, staff, concluded that the business has been operated, in an ' illegal manner, inconsistent with the conditions of , approval contained in the CUP,- including entertainment: without a proper permit- Furtl';ert staff found that the proposed live entertainment together with tpe extended hours of operation would be,-ihcompatible with the surrounding residents, in that, It interfereswith the peace- and quiet of the neighborhood. Therefore, staff cannot recommend approval of Entertainment Permit No. 91-02, nor the Conditional Use"Permit:amendment to eliminate the Condition of Approval prohibiting live entertainment:.. IV. CORRESPONDENCE: Thi's':item has been advertised in the inland Valley.Daily Bulletin newspaper, the property wLis posted, and notices were sent to all. property owner's within 300 feet of the project site. V. RECOMMENDATION: Staff recommends that the Commission review the evidence and set a hearing to consider suspension or revocation of Conditional Use Permit No. 78-03. Further, staff recommends denial`of the amendment to / Conditions of Approval fors Conditional Use Permit No. 78-03 and Entertainment Permit No. 91-02. If the Commission'disagrees with staff, other options are,available.as outlined previously in this report. - ti., Respectfully submitted, Adak Brad Bullet City Planner BB:NF/jfs � Y Attachments: titter from Applicant dated June 25, 1993. Letter from neighboring resident Exchibit "A" - City Council Resolution No. 91-007 Exhibit ^A" - 12/19190 and 11/7/90 City Council Minutes Exhibit, "C" - P.C. Resolution No. 83-10 A :Exhibit "D" - 518/91 Code Enforcement Investigative /J Report !:xhi5it "E" Chronology of the History of the Business' Location Exhibit "F" - Entertainment Permit 91-02"application 1 .;Exhibit "G" Location Map ` , Exhibit "H" �Floor Plan Resolution of Denial for Entertainment Permit No: 91-02 —� Resolution of r9nial for Amendments to Conditional Use \ Permit No. 78.;:fr3 o 4 �' Jf, MANNERINO r �� RIGGUGLI L p W G.- F F 1 C E S JOHNO MANNERINO SAL BRIGUGUO June 27, 1991 J VIA FACSIMILE TRANSMISSION 0 Mr. Brad Buller Planning Department CITY OF RANCHO CUCAMONGA 10590 Civic Center Drive -- Rancho Cucamonga, CA 91736 Re: Sam's Place i Dear Brad: - y When firsi,,'we applied for an Entertainment Permit, on or, before May 28, 1991, in regards to theabove-captioned matter, it was only then that we were advised that the Commission wished to review tha Conditional Use Permit. ' We requested that both be heard at thR same time, which request was granted. When I in,juiced concexniig th@ feasibility of re-applying to modify the hours of operation & Sam`s Place, I was told, that there we:Z' no limitatlons. We filed the application, paid the filing fee and incurred the expense of obtaining mailing labels. Subsequently thereto, we were advised that (1) we were unable to apply for the modification and (2) that it was necessary to modify the original Conditional Use Permit to obtain permission for live entertainment. At each juncture, we have followed the instructions of the City implicitly. All we request is that these matters be held simultaneously before the Planning Commission. I have been recently informed that, because of the'continued changes in instruction from staff, the application for live entertainment and the application to -modify the Conditional Use Permit to allow for live entertainment: 'will be held on July 10, 1991 and July 24, 1991, respectively. The purpose gf this letter is to respectfully request that the hearing on aU.. these natter be held simultaneously on the 24t,h of July, 1991. This is not only for the sake of convenience, but because of y present unavailability on July 19, 1991 for the represent ion of my client. Very tr yours, MAi7NERI BRSGUGLIO By:- - iNNE NO JDM/dr cc S. elleg�iao 9333.BASELINE ROAD.SUITE 110/RANCHO CUCAMONGA,BA 917301 TEL(714)980-11001 FAX(714)941-8610 o - ff�'2'J �cs�o75 1`l f! rr r 4 e � n +J i:: j ry C, 9r 7c ° o G RPSPIL7,70N NO.-'91-907 A REMLUI' CN OF 0M CITY comcm OF m CITY OF RANCHO CSJ MMNGA; M TFOMM, DM= UM AHMMUM To CUMIT_ONAL 135E PEST NO., 78-03 FUR AN r"7,Qsrnn d'r' BAR%PY-R A MANP, SM�S PIACE, XbCATED A^ UM NC7RIEWEsr MMER OF 19TH AND CARNF� 1, Snu= IN f F�,,NEEM0RE=D CX c�CzAL DI54RICP, AND `FAEM FIi`IDl'Ny.S `1N SM4CIC !gMREDF - AM: 201-811-56, 58, 59,"ChM 60. A. Re^itals. (i) Sa-. s Place, lndrm R. Pellegrino, has filed arl"*Vlicaticn for <; the amendinent to xiditional Use Permit No.. 78-03 gas described in the title of this Resoluticn. ff=einaftar in this Resolution, the subject Cmditicnal-Tise Permit request is re,`erred to ass,"the application", 1� (ii) On the 22nd day of August 1 J0, the Plakw in Coudz ion of ths` City of Rancho OmmOnga combucte`l a duly rcticed, public hearing on the application and concluded said hwring on September ls, 1990. MI-_ Cmmi.ssicn corglitionally adopted its Resolution No-,90-111, a� the amendb ent,airl ; extending floe hours of operation. (iii) The" decision represented by said Planning C rission Resolut -m was timely appealed to this Cx=11. izxw (iv) On November 7, 1990, the City.Council of the,City of Rarer Cucamonga conducted a dull',noticed:Public,Hearuq and continued it to Deo®ber 5, 1990- the City Council concluded said hearing on Decenber 9, 1990. (v) All legal prerequisites prior tothe.adoption of this ResolutiOn have occurred. B. Resolutioh. NOW, MMUMM, the City cm=il of the City of Rancho cif: ;\ hereby find, determine, and resolve as follows: 1. W-iS C=r-il hereby specifically finds that:all of the facts set'_ forth in the Recitals, P t A, of this PA—mrluticn are taw and correct. 2. Based upm substantial evidence lue,entad to this Council-s inq the above-referenced Public hearings includ-rg wri4in and cral staff zeparts, follows, with Public tOst:�ntxiy, this Council hweby specifically finds as (a)_ M-a ;application applies tO property located-at the north- west come: of `9th Street and Carnelian with a street frontage,;of 1,037 :mt and lot .depth of 240 feet aid is a�ova3,ertl a with a si�c�ing ;c�rrter and F _ ; a elution No. 91-007 Page 2 Ask (b) The property to the north of the sjbject site is a .'.ol e freeway, the property to the south is an event-ing shopping center, the property to the east is,an existing shopping tinter, and the property to the west is existing single family residences.operation to - (c) 'Trio proper averment conteaplates actenc�3�g the hours of Win, with thos established by the applicant's alcoholic 111, beverage control license; ;bat is,'-from the current closing hour of L.:00 P.M. r{; to r new closing how of 2:00 a.m., Xpday throtxjt'Saturday. (d) The dent limitation an hour-s"'of operation.to 11e00 p.m. was established as a direct result of a h3sMtc y of public safety and public nuisance problems associated with this lc?cation. (e) The former problems bam not occurred, sar.c�\the curtailment of the hours to 11:00 p.m. and the elimination of related eriterta�rmit. a (£)„ Me extension of hours of operation may be detrimental to the surrounding EIngle family residences because of their close proximity and because of the nature of bar facilities. (g) 2he extension of hours of cperixticn for a bar facility would be inocmpatibile with the siazuuriing` idential area. 3. Based upon the substantial evidence presented to,this Council during the above-referenced puulic hearings and upon, the specific findings of AdIk facts set forth in paragraphs , and 2 above, this !wmissien hereby fib and 1 canoludes as follows: �t 1, (a) M)at the pr+cccsed use :Lo n accsrd with.the General Plan, the objectives of the Develcpaerat Cods„ parposes c the district l in.which the site is located. V (b) Mat the proposed use, 't' :the cmiditicns applic- able thereto, will be detr; +*a' to the pi �ic healtt3},,_safely, or welfara or materially injurious to p hies � ira yicirsity. 4. PaaKi upon t2 a findings and conclusion suet forth in paragraphs 1, 2, a d 3 above, this C m oil heraby denies the a `mitt to the Conditional use;�emit 98-03 for the icn of hm= of csparsticn. jj 5, Mir Council hereby g^nvides zi ica to Sam's PLaos, ruatme R. f Pallegr no" that the tine' within thic+h jtxaictal review of the decision; by this Ftolutim=;sr`'be Bought is gav&nsd by the provisions of Califcrnir rAe of Civil Frecedum Sectim 1094.6.< 6. 7ha City Claris: of tkw City of Poncho Cure is htr!''directed to (a) erbisj,,,tz the;adcptidh of this l�luticn; and (b) forthwith trait a cert:fi� �Zv of this Rwoluticn, by zartifted muil, return - ssceipt reVested,` to Place, 7amm R., Pellegrino, at the;addnw identified in City recmdt olution Na. 91-007 ''n� ri PASSED, APRMVED, and ADC--IM this 2ir1 day'-of Zranuaxy, :1991. AYM: ; Eugaet, S��iif�<W U ans ;kight. tti o - NOES: None x i - ABSENT: Nome r `` rsErasL•. Stout mrnu'.. i AT'PESp J: Debra J. Ci ,y 1, DEEPAf %s CITY CLw of`'Yhe cky of Rar,�`w California, do yh�e � y t}i�fyp that tryh�o ffo��oingy�A2wlutiicea:v�wa,,s�c��uly passed, and a��id, by the Ci.tY wa Mil CC 4A"r, City of'ySamfi„pOxammvja, c lifarct a;, at a xExgtj a meeting of said City �scil.haad on ttti2 zna clay of Jd' n:ary, 1991. Fes^.a L®Ci this 31d day of jam=Tj 1991 at i?agX:jpci Via,'California. ci�r�� j t. , City council Minutes ;��December 19, 1990 Page, 9 Aft 3 coNs-M ORDINANCF3 No Items submitted. i F. ADV1�1(TISEB PL**Y TC �'so$N8�4 CONSIDA'RATION OF AN APPcAI, AF CONDITION T, xr iiSE PERMIT NT - d An appeal at the Planning Commission's decision to extend the ji hours of operation for C ,existing bar and restaurant located at the ,northwest corner of Carnelian,and i9th Street in the Neighborhood,ceiimercial District - '_"' . 58� S9 APH: 201-d11-S6--- . 60. (Coatiaued iron:Decasaher''$, 1990) Mayor Stout stated this item had bison coniinuad.Irom December 5, 1990 at the request of the appellant,"and rep-cpensd th►' ::eating for public hearing. Addressing the City Council was: John Mannerino, 9333 Base Lin® :Suite 110, Rancho Cucamonga, stated that he had researched to e� iS tii"ers were any aeriAl photon in the possession of the City for this a:6 -and"stated there were not, but that he had taken the liberty to have a survey dons of the areas of the commercial centers in the vicinity of 19th and Carnelian, lSth and Archibald, Carnelian &Id Base Line, and Hass Lins.and Archibald representing commercial activity north of Foothill and' wsst of Haven, :nd zegarted the information he hats obtained about there centers. He stated her did not think Saida Place was in the middle of a rasidential area, that it was in_* commercial area. He added that since tho Pollegrino';,l hAd taken over\this business in March, there hays not basn,ccmplaints`'fil.ed ag,'Amot this establishment. There being no furthar response, the public hearing wee closed. Councilmember'Williams stated she 'was present the first time this matter came before the City Council and had heard all tho comments made. She commented she had spoke with the residontt on Topaz Street and that they�vre in favor of this estabUshmont. She added sh9 felt- am's Place deserved a"six month trial period with •ntendad hours, though she did not eael it was an appropriate use for the neighborhood/commercial area, but stated that was not the T.-estion. MOTIONS Moved by Stout, seconded by Wright to grant the appeal, denying the extension of hours. CouncUmembar Aloxander asked for Mayor Stcut to give details of what had occurred with this business while het was"on;the.Planning Commission. Mayor Stout proceeded informing the Council with triis information and added he has not changed his mind about this tasud. Councilmember Wright stated :the business could be sold to 802wans elem, and it might not be the good place that Sams Place is. t-=P W-02- F 1 City Council Minutes December 19, 1990 Page 10 Mayor Stout stated he did not feel this kind of establishment should be located G in this type'of center. fcr this particular area. John Mannerino asked, if he could address the Council again', stating that previously it was. %to previous'owner of the business that created the Problem and that they did not care enough to control the rsowd, that their only concern was to generate.revenue. Councilmember Buquet stated he felt it would bs 4air to grant Mr. Pellegrino the opportunity for the six month -trial basis as long as the owner met the r conditions of the `planning Commission'and conducted this extension in good faith. Mayor Stout stated that Mr-I Pellegrino knew when he bought the business what the hours were and that he is requesting that 'the restriction be lifted. Motion carried, 3-2 (Wil),`,aims, Buquet no) which would grant the appeal. Ralph Hanson, Assistant City Attorney, stuted;a Resolution would come back at the next meeting in order for the Council to make this action official. - F2. CONSTORMTTQN OF TIMVN tdT nno•4 mnmr^,1,TT0N 1►OR A CAMLR TELEVTSTpN EANCFM (Continued from Dec or 5, 1990) Jack Lam, City Manager, a-gated staff is requesting an Executive Session. Ralph Hanson, Assistant ;sty Attorney, stated that i,he Council will recess pursuant to California Government Code Section 54956.9tb)l concerning a matter whether this is significant exposure to potential litigation. Her stated grass would be memorialized in a confidential memorandum to be given to the/City Clark, and would become public after tue exposure to litigation has pass d. The Council recessed to Exseutica Session kt 707 p.m. and reconvened at 8:07 P.M. Jack Lam, City Manager, introduced Carl Pilniek, the City•s cable consultant. Carl Pilnick presented an introduction to Times Mirror's application for a cable television Franchise. Mayor.-_.stout stated he was iq receipt of correslondence-from one or more attOrAAI�-z who are questioning the legality of what the City in doing, who were stating they are not prepared tonight and wares re questing equestinq �K, ,' 'his item be- continued, and were making Allegations regarding the noticing p=oce®s. He asked 'or Ralph Hanson, Assistant City Attorney, to ccannt on„this. i \1 r ; ✓ � 13 J City Council Minutes November, 7, 1990 Page 10 Counc lmem9er Alexander stated he felt it was tPd under_ ndinq. Y't 'intent to d the �t Rick Gomez, unity Development Director, stated th4�rMr. Hix, �e;e..' main undergrou ng, that it was onlythe do the developer was a part outside $ tract that the pp ing• . Councilmember Buquet ated hs would like tound fee%some of the additional also. rounding, but w+�ul like to see soma r ureement to Mix Development Councilmember Wright felt the un gro ding was a good idea, but did not agree y uecause,::t was with the 320 feet ov and above what the City norida-,l a developer to be responsible f y would ask Councilmember Alexander fe_ ull urdergr everything. o ding should occur, but did not think it should necessardy.be a responsibility this developer to have to pay for , Councilmember B et stated he felt the 460 feet ditioaal was a little, o0 much.. He add a would like to see cone tyge of re scimant agreement worked out on;thi MOTIDN Moved b. Ru} quet, seconded by Alexander f6z a Regol ion to come back /at tl next meeting which would state that Hellman should be dened, delete tah460 feat of undergroundinq�" to the south, accept- tHignonette struction as submitted by staff, and with regards to the Ame st Street struction, that this be deleted and condition Ho: 4 bo modified add theage or. gag® S1S of the etaff report, Motion carried unanimously, 4-0-1 n absent). F2. CONSIDLRATrOSi C9P Ae APPrnr)) \- �-g.�Xc� � A r ��ANDYTIQNIIL i/ct ssnv*�. �� �4 -•' .ur�HT e��sst An app�/al of the Planning omission°s decision to �.� extend the hours of operation ft)� ass existing bar and rostauran,, located a� the northweot ccr"Gr of Carnelian aAd 19th Street in the Neighborhood District Commercial Planner. !- apt 201-012-36, 580-59, do' Staff report Presented by,fancy Fong, it � Mayor stout at he is the'ajripellant an this item. He staid this ran,aurant location raa9 approved its 1979; ,and that alcohol eras allowed to be served. He canting d by stating that shor,kly after the Problems started at the Bases bead in 19S4 certain conditions wef;e placed an the restaurant and that alcohol would not be carved after 11=00 p.m.�bscause the restaurant was in a residential area, that thli® type of activity wo}old only b® allowed In a commercial area. Councilmember Wright stated she was a Stout. She stated mho was apgsealingg h use,tnot. the user Sam* reasons an #fewer City Council Minutes November 7, 1990 Pave it Mayor Stout asked if a new buyer coming in would,have any previous cdditions continued to he in effect. James Markman, City Attorney, sated yes. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: i, John Mannerinc, 4333 Base Line, Suits 110, stated he feit the ty°oes of activity that went an prior to 1955 were what caused the 11%00 p.m. time limit to be placed on this location. He, felt the lounge was an im)ortant part of the business,to make money. He added he did not feel thi2,�was in &'total residential area and. clarified this is a restaurant/loungQ1, in a residential/commarcial shopping center and felt the appeal shou""Ld' be denied. Councilmember Buguat asked if the property �*;ar has"any problem with this use. ,,,Mr. Mannerino stkied no. Mike Mitchell, President of the Chamber of Commerce and business owner, and a resident at 5271 Turquoise, stated he-,is present in defense of the Pellegrince because he did not feel problems existed. He felt this was an opportunity for the City Council to:, show they :supported small Ank businesses. He stated this situation is what is giving Rancho Cucamonga the image of being difficult to do business here. Rance Clouse, 5634 Dresden, real estate .broker, and Chairman of the Eionomic Development Committee for the Chamber of Commerce, felt the- appeal was unfair and should be denied. There being no further response, the public hearing was closed. Councilmember Alexander stated he felt inconsistency was the issue, and that if this is al?;Qwvd in other locations, it¢hould also be allowed in this instance. Councilmei6or"august stated that hi elt CovLilm2mber Wright and Mayor Stout's appeal was valid, but did not ear/,this business as being like the.-,Boar'a Head.. He suggested the following q Lticna be added to those in 'the Planning Commission 'Resolationa l�f< 6. NO live entertainment. 7. That the Conditional Use Permit amenduzent be revoked upon transfer of ownership. „ r� John Mannerino stated that no. 6 is a moot point because live entertainment is already not allowed. iV city Council Minutes November 7, 1990 Page 12 � 1 Councilmembe,, .duet felt No. 7 should be added. He felt a trial period of six j months should";ne given and then have it come back to fthe City Council for review. Councilmember Wright asked if this could ba done legally. James Markman, City Attorney, stated he could not advise the Counc17 l that this could be done. He thought it would be worth a try, but was not sure it would work legally. Councilmember Wright stated she felt, Stam'a Place has good intentions, but felt the appeal should be upheld. Mayor Stout stated he did not like than Chamber's insinuation that the City is anti-business because they are not. He stated that the owner, when he bo,s.aht the business knew of the conditions, and wanted that point made. He stated no,., matter what type of use was wanting to stay open until 2:00 a.m.,`h} would not` approve it. James Markman, City Attorney, stated if there was a tic vote,• it would need the full City Council to break the appeal, and addled that Councilwmber`Elect Diane Williams was in the audience, and if this matter could wait until. she is sworn in, it could be decided then. MOTION. Moved by Stout, seconded,by Wright to grant the appeal. Motion tied, qW 2-2-1 (Buquet, Alexander nop Src)vn absent). jj Councilmember Alexander suggested they be allowed to be open until 12:00 a.m. which would give the owners thi! opportunity to prow' themselves. r Councilmember Wright stated r,ha did not agree with this because it is adjacent to a. reto-antial neighborha._�d. MOTION: Moved by Alexander, seconded by Buquet to extend the hours of operation by one hour and that the Planning ComMission standarda would still apply with this exception. Motion tied, 2-2-1 (Stout, Wright no; Brown absent). Mayor stout suggeated that the public hearing r�e continued to December S and re- opened for any further discussion or questions by Councilmember-S1eet Diane Williams. MOTION: Moved by Wright, seconded by auquet to continue the public hearing to i December 5, 1990. Motion carried unanimously,-4-0-1 (Brown absent). o r • . : e P3. - - A request to amend the General P ss Map' from Flood Cantrol/Citil:tt Corridor to Low Residential (2 a ;q nits per acre) for 1.92 acres contained within two par and located notes .south of an extension ct j Highland Avenue, ad to the east and 'west side ' the Cucamonga Croon RESOLUTION NO. 83-117-A 1p A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT 78-03 FOR THE BAR AND ENTERTAiNkAT FACILIt&: WITHIN THE BOARS HEAD ESTABLISHMENT LOCATED iN THE RANCHO PLAZA, AT THE NORTHWEST CORNER OF 19TH ':STREET AND CARNELIAN WHEREAS, on the 10th day of July, 1985, the Planning Commission determined a need to modify Cgnditional Use Permit 78-03; and, WHEREAS, on the 10th day of July, 1985, the Planning Commission held a public hearing to consider the above item, NOW, THEREFORE, BE IT RESOLVED, that the Planning`Commission of the City of Rancho CWl,amonga resolves as follows: SECTION 1.: Additional conditions and changes are found to be needed for CoroiF nal disc- Permit 78-03 in order to Comply with the intent and purposes- of the neighborhood commercial shopping district. Therefore, the following conditions are added to those conditions thready in effect per Resolutions 78-40, 82-98, and 83=117: 1. The hours of operation shall be from 11:00 a.m. to 11:00 P.M. 11 / - 2. That entertainment uses in conjur{ tior with this =;1 business shalt be eliminated. 3. This Conditional Use Permit shall be reviewed annually by the-Planning Commission.` 4. This approval is granted for a restaurant with the incidential serving of alcoholic beverages. A lunch and dinner menu shall be served to maintain the primary restaurant use. APPROVED AND ADOPTED THIS 24th DAY OF JULY, 1985. PLAN,N G MMISSIIN OF THE CITY OF RANCHO CUCAMONGA BY4-ML�—� . `,\ Dennls stout, sad rman ATTEST. Jack Lam, Secretary L.- �tT r, ANk I, Jack Lam, 'Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify tF:at the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Plarning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning. Commission held on the 24th day of July, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEhc,�HdOIEL, BARKER, STOUT NOES: COMMISSIONERS: NONE �1 ABSENT: COMMISSIONERS: REMPEI G GJP78-D3 COPY FOR YOUR l� ?i ! INFORMATION CITY OF RANCHO CUCAHONGA CODE ENFORCEMENT BUREAU CASE ACTIVITY REPORT FIELD [ j OFFICE ( J PHONE INSPECTION 1 [ j WARNING i [ ] INFORMATION r/q/✓ /S6+/YJ"S J�Gi4 C PILL LDCATSON HANDLED BY DAY W c': DATE / / TIME 'o REGARDING: (-W. 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SS, :r S--QS rF i H'a CYZ JAJEe- �i':45 r44.6'F.2/n/ r 7-0 7� ovy 9 4 ma,xl cQAI To �x7-CfN� el-5 /7;9 Ae" Tft�4';.SSE u1�9 s s �s✓s' c�� ,a/ Gasp- T,� �2Ec7c�i2 �Si S �'�^y��o�s.>_.�'D Th'i1-T !/.oc�r-� / o,G' 7'�F Ga•�lJr nc�Ns ac' �ff� Cif.+!r/J Ltlf./�� 6-l��u/II�S �2 /2��OCi4-i7 BS/ '�c�/�ligrdiY✓�/C' ��lrn�s5.�.✓ �'Q�a�E�:F� rtt� o�,/n/F,� �c p�Sc�,�Jrrvu� s�� 2 g-a4z CSTE1J 7 29*r— ! ate 1�����✓riy his fc i, yF ACTION: AsCr,{SS` n/�twre.-,,gry bl--7:- /S el-le A—,-L ✓ C J VNSTG—OIBTxxauTSON 76LLOV�P2 LC PSNt[�O PSC6R J�+�� SY*C 6TAT OTCA ARlA 1pN. atiOtC AMEPltf=�QDN 1191 {1/Y IG BUSINESS FORMS "' EXHIBIT n L n CUP 78-03 FOR qHE HISTORY OF THE BUSINESS LOCATION SAM'S PLACE a On December 27, 1978,the Planning Commission conditionally approved tree Boar s Head restaurant with bar and enterl idnment.Due to consistent complaints relating to C: noise, loud music,fights, and lotteiing. the Planning Commission had reviewed the Conditional Use Permit several times and modlilecr the conditions of approval to mitigate these problems. Some of the mitigation measures added were limited hours of operation to 2 a.m.,structural changes to buffer noise, and installation of speed bumps within the shopf'ng center. In 1983,the Planning Commission again reviewed this Conditional Use Permit due to complaints received and modified the conditions of approval through more restrictive hours of operation ( 14 p.m, closing ), additional noise attenuating material* to reduce exterior and interior noise and required implementation of a di-mer iaenu. In 1985. the Planning'Commission further modified 4he Conditional Use Permit by keeping the operating hours to 11 p.m., and eliminating the live entertakunent use.On September 6, 1985. the City;7ouncf heard an appeal by the applicant and upheld the decision of the Planning CoL*nission. In April of 1988,the Boar's Head closed due to fire damage The business was reopened as Stratton under different ownership.No complaints were received during the period that Stratton was open. In March of 1990.the applicant,Sam&Luanne Pellegrino,took over the business of Stratton and renamed it Sam's Place. On May 22. 1990. the applicant submitted a request to extend the hours of operation. On August 22. 1990. the Commission reviewed the request. The Commission deliberated on the issue of whether the hours of operation should be extended and if so,for how man�yy days of the week.The Commission finally approved the amendment allowing the-extension of hours of operation from 11 p.m. to midnight Sunday through Thursday,and from 11 p.m to 2 a.m.Friday and Saturday.The Commission also agreed that the approval was for a pertod ;f six months subjfect to their review for any extension The approval was formalized at the.September 12,1990 meeting. i� The decision of the CommLgsion was timely appealedby two members of the Connell. Qn Rovember 7, 1990,the Council heard the apppeal The Council deliberated on the issue of compatibility wine the surrounding residences.,Due to a deadlocked 2:2 tie vote, the Council continued the hearing to December-�ttt regular meeting. On December 5, 1990.the Count, ain continued the hr'n'�o to December 19, 1990. at the request of the appHcatt.On Decembter 19. 1990,the Council concluded the hearing and determined that extending*,the hours of operation would not be appropriate. The Council formalize the decision by adopting a resolution upholding the appeal on January 2, 99L On May 8, 1991. Code Enforcement Staff conducted a routine inspection of the business for compliance review. The business is operating 'beyond the,11 p.m. limitation to 1 or 2 a.m, on regular basis and live entertainment is offerer?from 9 a..m.to l.a.m On May 13, 1991,the applicant submitted the Entertainment Permit application (EP 91-02). Amok � F— CHRONOLOGY- SAWS PLACE(Cont.) On Ma 24. 1991.`Staff send. a letter to the applicant informing bim of the In status. On May 28. 1991. additional informatimn were submitted. Staff determined the application to be complete. On June 10. 1991. the applicant submitted the amendment to the CUP to request for an extension of hours of operation. (This same day, staff set the 7-10-91 Commission agenda). On June 17. 1991. staff verbally informed one of the staff member at the attorneys offlee for the applicant that-the amendment to the CUP to extend the hours of operation cannot be ieHled within one gear of denial.which is,the case for Sam's Place.Staff suggested that,the apphcant withdraw from the amendment application and a full refund would be returned, One June 24, 1991. staff again contacted the attorney's office to find out if the applicant desired to withdraw .Staff also informed her that an aW_-,Ament to the CUP to eliminate the condition of approval prohiL;Aing live enterta.dment would be needed in order for the Commission to consider the Entertainmen` nmit 91-02. The`Commission has 2 options,either deny the EP 91-02 or continue`a:t6the same date that the amendment to CUP wits being advertised for. i. f, c°; t :r i f L ENTERTAINMENT PERMIT APPLICATION Applicants,for entertainment permits shall complete the following questionaire: r PLEASE PRINT OR TYPE A, The name and permanent address of applicants Luanne R. Pellegrino 0 Vame 6331 Semillon Place, &lta Loma, CA 91701 ----------------------_____77------------- -- ------ Permanent address B. The name,proposed and current,if any,and business address of the appSicant: Luanne R. Pellegrino dba Sam's' Place --------------------------- Vame(C-u;rent and Proposed) 6620 Carnelian Street Business Address -371 eE11_Ii4Ill�iA._2170T-------'------------ ^* _-------- C. A detailed description of th4proposed entertainment,including type of entertainment, and number of persons engaged in the entertainment:(mav attach seperate sheets if necessary): Guitar player - due`G --------- -- - _ -_ -- -------------------- __--- -- ---- ----- -- ----- - - -- --- - - - D- the date -- --- - - --- ------ -P - - •r day-of-week,hours and location of entertaitunent(attach floorplan), and the admission fee,; any,to be hargea:,; I Tuesday through Sunday - - - =- --- -- -- ..----------- No admission fee �J �-v3----- f__--- -- - --- ------ -- E_ The tsame(s)of the person(s) responsible for the management or supervision of 1 applicant"s business and of any enter�finment{ Salvatore N. -- _ Pellegrino IJ ii ---r---------------- :: .... - - __ -_ _ ---------- --- -------------- I - R A statement of the nature and character of applicant's business,if any,to be carried on in conjunction with such entertainment, including whether or not ~ alcohol will be served as part of such business: Restaurant/Lounge, has full liquor license ------------------ - - ------ - ------------ --- --- ---- ---- ---------- --------- --- ---- -- - -I -------------------- - ------- ------- ----- ----- ---- G• Whp,her or not the applicant or any person responsible for the managemene-or supervision of applicant's business have been, within the fzevious ten years, convicted of a crime, the nature of such offense,and the sentence receivedii therefor j including conditions of parole or probation,if any: ); 4 Not applicable ---- --- --- - -------------- ---- ---- - -----` - --- --- -- --------- - --- ---- --- - - --- -------------- H. Whether or not applicant has ever had any permit"or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: Not applicable �. ---------- ---- - ---- -- ----- - - ----- -------- --- --- - - Any false, mislead:ng,lr fraudulent statement of material fact in Me re 1,2ired application shall be grounds for decrial o f tke application for an eretcrtaj�rnentt! permit. - r �. • � tit• 1,!.•,T� _j•.\J. I J, �-., U p6 l 1 ffll��iiyy ` ' ILEtom••. i ccs If Nam. 161I l 1 y z ROOTNILIi '- - �� _ �14 C C�dT IeRXtI• 20 6�Q,J«f PO oh IL Rr t a � i fl/'iX r• � � �.mil I � �r_ ,�.,�,,���•i f V7 L D I• _ i �'(.' i`� G�c�V.vE, �rT9•�;cam:f k���. � i _ I iima �,f ail L:. xis �„ b� .�`•. /�Ec Erc/rF� ..•.,�I �'�' ric//•tf� � -'' .AYE".,r7Ti,it.�c; .�•- �� � t`Q 1` f / ��.1 a _�""r'x'�"�_ __-_•— .ems """' f'•?—.': .J� � RESOLUTION NO. A RESOLVI10!I OF THE PLANNING COMMISSt1-ON OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING ENTERTAINMENT PERMIT NO. 91-02, A REQUEST TO CONDUCT LIVE ENTERTAINMENT IN CONJUNCTION WITH A BAR AND RESTAURANT, LOCATED AT THE NORTHWEST CORNER OF 19TH AND ,CARNELIAN STREETS It1 THE NEIGHBORHOOD COMMEP.CIAL DISTRICT, AND M KING FINDINGS IN SUPPORT THEREOF - APNe 201-811-S€,, THROUGH 60.. A. Recitals. (i), Sam's place, `Sam and, Luanne,, R. Pellegrino, have filed an application for an Entertainment Permit No. 91-02 as described in the-title-,of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit. request is referred to,as "the application." i (ii) On the 24th day of July 1991, the Planning Conanissicn of the City of Rancho Cucamonga conducted•a duly notic d p°:.blic hearing on the application and concluded said hearing., (III) All legal preraquisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THER{FITQE, the Planning Commission of the City or Rancho Cucamonga does hereby find, determine, and resolve _follows: 1. This Commission hereby"specifically finds that all of the facts j set f-rth in the Recitals, Part A, of this Resolution are true And correct. 0 2. -Based upon substantial evidence presented r to this',Commission during the above-referenced>publi_ hearings including written and oral staff reports, together with public testimony, this Commission hereby specifica.r.ly finds as follows: ` (a) The application' applies to property located at the northwest corner of 19th and Carnelian Streets with a street frontage 62 1,037 feet and lot depth of 240 feet and is presently improved with-a shopping center; and (b) The property to the north of the subject site is a future freeway,, the property to ,the south i3 Ian existing oh4ping center, the property to the east is an existing shopping center, and the property to the west is existing single family residences. (c) The applicant has been operating the business beyond the llz0G n.m. limitation- and ;offered live entertainment in violation of the conditions of approval as contained in Resolution Nos. 83-117 and 91-007 for Conditional Use Permit 78-03 and ordinance No. 290 pertaining to Entertainment. t Permits. A PLANNING COMMISSION RESOLUTION NO. EPA 91-02 - SAM':S PLACE July 24,1991 Page 2 (d) The City has received written complaint in June of 1991 objecting i:o the lateness of the hours of operation and the live 'entertainment. (e) The cuirent limitation_ on hours of operation to '11:00 P.M. and the eliminattion of live`entertainmer ;.were established as a direct result of a history o_: public safety and pub. nuisance problems associated with this location. (f) The former problems have not occurred since the ;cm_rt ldment of the hours to 11:00 p.m. and the elimination of live entertainment.J. ? (g) The extension of ht_irs of operation together with live entertainment may be detrimental to the'surrounding single family residences because of their close proximity 'and because of the nt�ture of bar'facilities. (h) The extension, of hours of operation together with live entertainment for a bar facility would be incompatible with the surrounding residential area. 3. Based upon substantial (ev d n-6 presented to this Commission during the above-referenced public has and upon the specific findings of facts set forth in paragraphs 1 and 2 �'above, this Commission hereby finds and concludes as follows: (a) The conduct of 'the establishment or the granting of the application would be contrary to the public health,_ safety,' morale, or welfare; (b) The premises or establishment-is likely to be operated in an illegal, improper,Yor disorderly manner; (d) That granting the application 'would create a public nuisance; (e) That the normal operation of the premises would interfere with the peace and quiet :of the surrounding residential neighborhood; 4. Based upon the findings and conclusions set forth in'paragraphs 1, 2, and 3 abo`?e, this Commission` hereby denies Entertainment Permit No 91-02. 4 ti_ APPROVED AND`ADOPTED THIS 24TH'DAY OF JULY 1991. , PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA F,? � . PLANNING COMMISSION RESOLUTION NO. EP 91-02 - SAM'S ?LACE July 24,1991 `,. Page 3 u ZY: Lar_•y T. McNiel, Chairman ATTEST• f Brad'Buller, Secretary 1, Brad Buller, Secretary of the Planni;vr Commission of the City of Rancho Cucamonga, do hereby- certify that' th&' foregoing Aeaclution was duly and -, regularly introduced, passed, and adopted'by the Planning"Commission of";::he City of Rancho Cucsroaga, at $:rogular meeting of the Planning Commission held on the 24th day of July 1991,'by the following note-to-wit: (% AYES: COMMISSIONERS: �J NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: AM Q s� WIN RESALUTION NO. A RESOLUTION OF THE PLANN7/N G, COMMISSION OF THE CITY 1'�F RANCHO f-''UCAMONGA, CALIFORI(IA,- DENYING THE AMENDMENT ( O C=DITIONAL USE PERMIT N01 78-03 TO EXTEND THE HOURS OF OPERATION AND TO ELIMINATE THE CONDITION OF APPROVAL; PROHIBITING LIVE' ENTERTAINMENT FOR AN EXISTING BAR AND RESTAURANT, LOCATED AT THE NORTHWEST CORNER OF 19TH AND CARNELIAN STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MILKING FINDINGS IN SUPPORT THEREOF APN: 201-811-S6 " THROUGH 60.- t A. `Recitals. ` (i) Sam's Place,-,Sam and Luanne R. Pellegrino, have filed an application for the amendment to the Conditional Use Permit No. 78-03 ,as described in the titlo of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit-request is referred to " as "the application." (ii) On the 24th of July 199i"`,the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public h4,-�;ing on the application and concluded said heariwq- (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found;` determined, anf."f�resolved by the Planning Commission of the City of Rancho Cucamonga as follower 1. This Commission hereby specifically finds`tbat all of the facts set forth in the Recftals, Part P_,; of`'this Resolution are ;:rue and correct. 2. Based upon substantial evidence presented to this Commission j during the above-referencedi public hearing including written and 'oral staff reports, together with,public testimony, this Commission hereby specifically finds as follows:: (a) The application applies to property located at the northwest corner of 29th and Carnelian Streets with a street frontage of 1,037 feet and lot depth of 240 feet, and is-'presently improved-with shopping center; and 0 (1�) The property to the north of the subject site is a future freeway, the property to: the south is an existing shopping .center, the property to;the east is an existing shopping center, and the property to the west is existing single family residences. I ;I PLANNING COMMISSION RESOLUTION„_i0., CUP 78-03 - SAM'S PLACE �I July 24, 1991 1 \> Page 2 (c) The proposed amendment contemplates ,extending vNe hours of operation to coincide with those established ,by the applicant's alcoholic beverage control license; :that is, from the current cl�3sina, hours of-,, 11:00 p.m. to a new gf,-"ing hour of 2:00 a.m., Monday thrcugn Saturday; and eliminating the cond dons of approval prohibiting,,live entertainment. � . (d) The, s-.plicant 'had filed the same application i.e., to extend the hours of-lipsration in May 22, .199"0, and the application was denied on appeal by City Council on January 2, 1991. (e) The Development Code, Section 17 04.030H, states that following the denial or revocation of a Conditional Use Permit_applicati'in, no application for a Conditional Use Permit for .the same or substantially the same use of the same or substantially the same s#e shall be filed within one year from the date of denial or revocation. (f) The'{applicant has been operating the business beyond the 11,:00 p.m. limitation and offered live 'entertainment in violation of the conditions of approval and in violation of Ordinance No. 290 pertaining to Entertainment Permits. , (g) The current Limitation on hours'of operation to 11-00 p.m. was established as a direct result of a history of public safety and public nuisance problems associated with this location. o (h) The former problems have.'^- not occurred since the curtailment of,the hours to 11:00 p.m. and the elimination of related live entertainment. (I) The extension of hours of operation together with the.live entertainment may be,detrimental to the surrounding single family residences because of their close proximity fAc bec€ase of the nature of bar facilities. (j) The extension of hours of operation together wit' the live zntertainment would be incompatible with the surrounding residential area., 3. Based upon the substantial evidence presented to this Commission during -the above-referenced public hearing;and upon the specific findings of facts set forth in paragraphs 1 and 2-above, this:Commission hereby finds and concludes as follows: (a) That\the proposed use is not in accord with the General :tan, the objectives of`the Development Code, and the purposes of the district q which the site is located. (b) That the proposed use will be detrimental to the public health, safety, or wel'sare or materially injurious to ,properties or improvements in the vicinity. � U PLANNING CO201ISSION RLUTION NO CUP_.,78-03 a 'S,AM'S PTA — July 24, 1991 Page 3 4. Based upon the findings and cohcl`asioas set forth in paragrapihs 1, 2, and 3 above, this Commission hereby den�kea the amendment to the Conditional Use Permit 78-03 for the extensicn�of hours of;opsration and','the r elimination of the conditions of a pproval prohibiting live entertairncent. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JULY 1991. . PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 4 L� `r BY: Larry T. McNiel, Chairman ATTEST: :Brad Buller, Secretary c Ask I, Brad Buller,- ?ecretary of the Planning Commission of the City of Rancho Cucamonga, doh ereby certify that the foregoing Resolution was duly and regularly in!:n 3ucsd, passed, and adopted by the Planning Commission of the City of Rancii (Cmcamonga, at a regular meeting of.the Planning Commission held , on the 24th day of July 1991, by the fc�'llowing vote-to-wit- AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: i n ] F3 1 CITY OF RANCHO CUCMIONGA STAFF REPORT: \ J DATE: July 24, 1994 TO: Chairman and Members of the Planning Commission i FROM: Brad Buller, City Pls'_ BY* Steven Ross, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL M;' PERMIT 91-08 - MACIAS A request to allow retail sales in conjunction with a light wholesale, storage, and distribution use within an existing 17384 square foot building in the ;} Industrial Park: District (Subarea b) of the industrial Area Specific Plsr_; located on the east side of Monroe Court, north of Jersey Boulevard - APH: 209-144-42. I. BACKGROUND The Planning Commission held its first public hearing for conditional use Permit 91-08 on April 24, 1991. At that Ask meeting, the Commission stated that the proposed retail sales operation was not appropriate for the `site ;and directed staff to prepare a Resolution of Denial for the following meeting. on May 8, 1991, th3 Commission reopened the public hearing at the request of the applicant and d3cided to give the applicant additional time to work with staff in addressing the=Commission's concerns. II. ANALYSIS: A. General: At its meeting on x it 24, 19i91, the Commission raised several issnes relrted'to retail sales from the site. Although the Industrial Specific Plan does not limit the amount of retail allowed in conjunction with 'a Light Wholesale, Storage ;and Distribution use, several .Commissioners felt that the intent was to allow only "incidental:" retail operations. It was g'nerally agreed that the square footage of retail space then proposed could not be considered "incidental." The Commiission ,:also stated that `he site was not designed to gn 1 accommodate-ret it uses, which t.,_ o have larger volumes cf automotive and ;pedestrian ' trafix-CF than industrial uses. Because most of the parking is located on the north side of the', building, customers would have to cross in front of the loading dock area to enter the store. Additionally, the Commission indicated that additional landscaping. would be necessary to improve the character of the buildir, to make it'consistent with other retail sites. ITBM G PLANNING COMMISSION STAFF REPORT CUP'91-08 MACIAS July 24, 1991 ' Page 2 t� V r� _. Z B. Specific: Since the May 8, 1491 Commission meeting, staff has 1 i met with the applicants. a number of ti�es to attempt to resolve_ ' the issues raised by the Commission. Interim safety measures have been installed to the satisfaction of the Building Official, but permanent improvements will be required if the application is approved. The applicants h�e, proprsed the�Eoalowing modifications which attempt to address the C6mmission.16 concerns:: 1. Reduce the amount of floor space devoted to retail sales Prom 5,461 to..3,330 square feet, thxx-, reducing the ``. retail portion from 31 percent to 19 percent of the l total square footage. ThiRt would be accomplished by erectir_g a new wall to create a training room and storage area where retail space currently exists. _ f 2. Limit retail sales from noon to 8 p.m. and restrict the r' uca of the loading ramp to before noon. This :would reduce'potential conflicts-between loading- trucks and oust_=mess. Il . i 3. Install a gate at the top of the loading ramp to guide AWL customers to the entrance during the retail-hours. (See Exhibit "A"). 4. Install small, raised planters in,-:he loading dock area to help soften the,'front elevatiOn, .} 5. The applicant has also submitted data comparing the Rancho Cucamonga warehouse and store to its other retail outlets in Corona and Walnut. This: data shows that the Rancho Cucamonga store has substantially less customer traffic per day than its counterparts. This try be attributed, in part, to its recent opening iisithis City, and Its location in an industrial zam�t ,(see Exhibit "B").Il C. Conclusion The applicant has attempted to address` the Planning Commission's concerns by offering to make several modifications to the site. In staff's opinion, the proposed changes do not fully_ address the concerns identified by the Commission. It is suggested that the following additional changes be required in order to;meet the intent of the Planning Commission's direction; PLANNING COMMISSION STAFF REPORT' CUP 91-08 - MACIAS ^ �5 jf July 24, 1997 5 Page 3 ; 1. Discontinue(;he use of The loading dock area on the, west side of the building. This area should be`filled ift and landscaped, -and two additional parking spaces provided C. }: at grade. (see Exhibit "D").. : (Not.,. the existing. overhead door on the nosh side`-od.the building would be used for loading and unloading.) 2. Replace the existing roll-�pp doors with an architecturally integrated panel of a materia% and color consistent with the building's design. t 3. Provide an enriched pavement walkway connecting the northerly parking area to the main entrance. D. Environmental Assessment: Upon review ofPart I of the Initial ,. Study and completion ofPart II of the Environmental Checklist staff has found no significant impacts related to the proposed use, III. CORRESPONDENCE: This item has been;advertised as n P-blic hearing in the Inland Valley Daily Bulletin newspaper;' tr -,roperty has bean posted, and notices have been sent to the adjacent property owners within 300-feet of�',' project. IV. RECOMMENDA??ON: Based lipon the Planning Commission's direction of April'24, 1991, adoption of the attached Resolution of Denial would be aPpPproppriate. However, if the Commission iss`i oa feels that the application could be approved with the incorporation of the modifications as recommended by staff, then It would be appropriate f to adopt the attached Resolution of Approval. Respe Ry t \ i �rad Cit Tanner y BB:SR:js Attachments: Exhibit "A" - Revised Loading Area (Applicant's Proposal), Exhibit "B" - Store Compar'.aon Exhibit "C" - Letter from Applicant 1 Exhibit "D`' - Revised Loading Area (Staff's Proposal) April 24, 1991 Staff Report Aprii 24, 1991 Minutes May."8, 1991 Staff Report May 8, 1991 Mirntes Resolution of Denial Resolution 'of Approval with Conditions WARvHOIAG Adak g_ T.raOIR tdo _ D8>i Lti'Q "tU8 JJ^ c Ej Tr LOi4b 1il1 R;aM P �. OE.tS -ro sE L`-�65f,D Dv4,niC. r��yPLAN't'�� W,A L%C w o,y. '! O FA3 t .t C. Lr►T j 12:ao NOO U rr 1G �.eo �M luwticwa.t To OFF IC t' S-To"zs J _ I p CITY OF t'� t UCAMONG14 rr FLANNi d I3MSION TrrLE vK A a EXHYBTT: SCALE. iNJ �) r� �J F, DEL REY TENNIS SHOt"WAREHOUSE AVERAGE TRAFFIC REPORT PERIOD 3-01-91 TO 6-26-91 ti LOCATION TOTAL N AVERAGE # AVERAGE f OF INVOICES OF-CUSTOMERS PER INVOICE PER DAY RANCHO CUCAMONGA RETAIL STORE 2198 19. 2 4. . .8 - 36 CORONA;) 5484 48.022 43.49 WALNUT 9284 80.03 43.70 RANCHO CUCAMONGA WAREHOUSE 1007 13.13 1097.68 - tin rl QFI .c� UCAIVZONGA rcFtv: P i oF3 A . : 7YOREon ARt u I.NMItT.='I3 2�:STISIU1`,T N•.,,,tea, , r ExHmrr: scAz.E: �r INTRODUCTION Del Rey Tennis Shoe Warehouse is'a minority awned business with stores in Walnut, Corona, and with a warehouse distribution J'l I center '2n Rancho, C:ucamcnga. Del Rey entered into the' purchase the Rancho Cucamonga location in JaGuary 1991 and clos.*descro6 in June.1991 with the intent of -' using the building for- general offices,warehousing, distri6,'ution and as a retail sales outlet sales training facility forethe othe,�,,`stores:and future franchise operations. On January 19,1991 prior to purchasing the building .he tnwners of Del Rey wentz to the City of Rart!ho Cucamonga and secured a business license in order to operate the business. At the time this permit wasissued the cities personnel checked with the necessary d6 artments`_-for proper zoning for the operation (exhibit A). After this permit was issuec'Del Rey�p seeded to conduct business beieiving that since a business license had been ' a _ issued and that the planning department had ap proved pproved the permit 1 application that it was ok' to proceed with --both purchasing the building and conduct business. On-March E;1991 a 'city inspector issued a correction notice (file # 060391 exhibit B) notifying Del Rey that they were required to have a conditional use permit ` in girder J�. / o opera {Ja retail business. In order to resolve the c,— 67447 Aft `11 problems with the " city Del ,;ey applied for a conditional se �( ' permit on iar+ ;` 11,13dw, as reGui-fed' by ;city code. On 'April 15,1991 a city fire inspector j,,d sited the facility and.,left .-t construction report C# Es�E^�' < along `with a correction _ 'f n rnotsce " (exhibit C..)�, On'April 2411991 the planning commission voted. to 'I have staff prep-are;;;a resolution to rieny=- the conditional 'usc- 1. permit for adppti6n in the' May E;11969° meeting. At the 'May 8,1991 meeting, Mr Afar' Ka z- representing Del Rey appeared before the �. ^ssion and was able to .have tiye c�mmission,hold the issue :for a rehearing on the matter, it is 'with this rehearing that we will attempt to clear up the mangy questions tiha,t both Dei Rey and the t-� City of Rancho Cucamonga have concerning this matter. INTEP.M STEPS 5ev6ral meetings have taken place between various i! departments of the City in order to e'esolve\ both the immediate and the long range concerns of the City. On May 27,1991 ameet:ng was -held with took place with Jerry Grant of the city and Nelson Flack repre a }ing Deal Rey. In this meeting it was agreed that 4 cortectians,'�4were recuired �c.r temporary usagiP of the store and that.these would be 4idequate or, c. a safety basis until this issue could be brought �to a final conclusion -iexhibit D). %,;In addition-'it was determined what add_tional Building and Safety corrections w:ll he necessary r' the CUP Permit is granted. 411. Al'i of the temporary measures have been-'romplated as of this date with the exr�eptr n of the fire 3' � alarm modificatizins and w!ich are now in the ' permit stage with }1 ' y� v the propei"' city departments. C•L.ARIFICATION DF ISSUES At the, time of the original :arinq by tt�e. comm:i5­.ion "many _ d issues were brought up during di:cussivn that seem it misrepresent the "actual oper,ati'�n and ''inten't of Del Rey in re�Ards to the operational, scopelof the company. We wij?1 attemRt to bring out the areas Uhfch we. fe el' are m represented as far as operation on a one by one basis aad pns50,ble solq,ions for the concerns. 1. Retail sales being much/_greater tha,l the "incidental !sage permitted bycity, Retail sales volume is less than 10% of warehouse sales and ware house sales are having .a growth rate i5.*times faster than retail. About 22Z;e_of the .total buildinG is taken up by combination of retail sales and training` (approx. 4, ,00 sq'); Del Rey would reduce retail floor space to a little under'S,0U0 ,sq? Heavy volume of retail business poses both safety and parking problems. } Average daily count of customers on a per day basis is. 19.8 sales pe,- day in t,he, retail, store. Parking on "'Monroe by employ,Ies of the adjacent car wash (J U tends to give the appearance of many more customers>thaIn there are. Hours of retail` operation Would be adjusted to 12:00 noon to % t, t B."OOpm with the hours r%f loading ramp usage restrir.ted to use prior to 12:00 neon. Customers being forced, to %:ross loading deck in order to enter '- the store. ( , Loading dock entrance to be closed off by 5a tes during the n retail store hours: n 4. Additional landscaping of site necessary in order to conduct retail sales. Loading dock would be rek-jorked along with additional landscaping in deck ,area. 5. 'Huilding and safety issues to be corrected. Meetings have taken ,place with the .Terry` Grant :of ,the Building and safety Department ; and ii:,native plans have been disc 11 ussed and agreed `upon depending upon the outcome of the 'CUR process. ;r I We have attached drawings of our• proposed Changes to the., site and look forward to discussion with the: commissf n and staff on this issue. `j' Y% F? n �l r - � 0, DEL REY TENNIS SHOE WAREHOUSE.' AVERAGE TRAFFIC REPORT PERIOD3-01-91 70 6-26-91 ill 0CA�I0N TOTAL # AVERAGE # AVERAGE S OF INVOICES OF CUSTOMERS PER INVOICE PER DAY } 1 i RANCHO CUCAMONGA RETAIL STORE 2198 19.8 42.36 t: CORONA 5984 48.02 43.48 WALNUT 9284 (0.03 43.70 RANCHO CUCAMONGA WAREHOUSE 1007 13:-13 1097.68 r n 1 , �•• 1 u C w tft a N•W w ❑ 4 CL C1 ... o � v �< � W � p :lam N y W W w Q N V. p `•� d4 p V'`` N. cca w N c 2 U n pz of V S 1 C souid f N N d 0 Y O N t ¢ I1L.W 0. d D ZF � '! ui W W yl. �`�C W 1 a r 1/� m S W W= F6 F0 W '. 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Location: ^r= J r ;a e Q Ya' i. avers Maki 1 - 1 E /'1 k.•1 r z Please Wkv Corrections and GB for Rai spaetign L?trceltours .;. 9; - { � 6:O0 to 5Z0 pm. inspector D9ty� y a CStY OF RANCHO CUCAMONGA 9340 BAB' 1£.jTi4j 9$9-t$54 c' + r1 � O• _z LLI . x Mq M a w o o � =o ' •4 R ��.y�_ 4. - p !.cyym INSPECrIGM s{. 9Mpor. ;*4t!tr ilk(MAN '6 ;u on For !tale rottowfng: r y. ..: � NO Non C.pJI1P.;�19C@ _ k ork�F�'trttal at Srnsd Mue (C)) NVpi I�xemlfu Neat Dar Nosted Notke () No Not Conceal tJrifb 1 ) Notka of C�olepon C co-AittSL7l MS JFAVZ SSS@l aIBPAOVJW a!THE FM ' =�rittS fit tlw.;r .Q , tom .,, ,Lf _ I tr ,, �,q s " �Jr►cs 33 , r +►1 aer.�hu.Sr.t �' i " �n AU of thr Abow It,,j,Ha►r �_- i ' •i i i i I� � _L. ' I �' I _TaL�C� Fii r.1 -� tali t'r Our - IL 0. lu jp • r p 4:�T 2-a- �_ a\ w o _l ao ate X er '� _ Imo' i ! ._ � „� _ a_ ''`..• _ Ci AOL '-1 Cu�RENT ETPi �LI r _ l .STp!L ts' � j.71 , _?-- rx-mf.9C. X tU T i t cm IT-. a + 777 - i ! 77 - - --r—. - . i it- 7t -t-- L!F- I ? s — — i r 2 . r t• ._ 1 ,;. CITY'&O RANCHO CUCAMONGA STAFF REPOII T DATE: Apr11 24i 1991 ` a TO;" Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner _BY- Steven Ross, Assistant Planner SUBJECT: ENVIRO ASSESSMENT AND'CQ1TDITTONAL TTS` PE IT 91 08 - MACIAS - A request to allow retail sales. in conjunction with a light wholesale, atorarn, and distribution use within an __existing 17,364, equ¢:.a foot building in the, Industrial Park Distzict (Subarea -6) of the Industrial Area Specific Plan, located on the cast side of Monroe Court," north of-Jersey Boulevard - APN: 209-144-42. tj I. PROJECT AND SITE DESCRIPTIOR \ .t A. Action Rern:ested: t '3ssurnc�a of a Negative Declaration and approval of a:CondliionSl ga1t1\\ Permit to allow retoa.l sales in Adh conjunction within. an existag Light-Iholesale, Storage,, and Distribution Use. `1 B. �urroundina Land use and Zon+no: North - Vacant; Industrial Park. (Induatri€_-Area Specific Plan, Subarea 6) South - Light Distribution Building`�.-�thch�d);—Tlidustrial Park (industrial Area Speeii"a Plan, S�h�,..Ja 6) East - tV,"scant; Industrials Park (Industrial Area S_Ecific Plan, Subarea 6) \�4 West - Vacantj; Barren Overlay District `(Industrial Area :- Specific Plan* Subarea 6) C. -GeneLBl Plan De`sionations. \' Project Site - Industrial�Park North - Industrial Parr South - ..Industrial Pack East - Industrial Park West - Industrial Park l D. Site Oharactp s < ct The sitar Is.���.; improved with an existing warehouse builditq, parking area, and landscapin5: To 'the { south, the building sharea a common wall t*th a building on the adjacent property.cy 6r = PLANNIN.G COMMISSION STAVF RE$CAT CUP 91-08 -MACIAS }1 i April 24, 2991 Page.2 1. r - E. Parking Calculations: Number of 'Hu mber of Type Square Farking" Spaces Spaces of use Footage Rat iy i.rjd Provided 1. Warehouse 12 Qa0 1/3007 l? ;j 13 Retail 4,'000 r.,4250 g 16 4 , Office 1,000 a/2-0 �4 .. 4 Total 32 33 II: ANPSYS2S. A. General: : 9 industries 'Area Specific Plan permits retail'--.- sales in conjunction with Light: Wholesai?, Stcrage, and Distribution operations with'the"approval 'v£a Conditional Use Permit. The primary,issues tuibe 4o6ncerned--with„would be compatibility of use '-'and traffl. conflicts. „Retail seas are normally discoura,,ed within the industrial area because th_ uses typically create 'more traffic. Also more �ignage: is ; genially preferred than office and industrial uses. Other forms of retail are p:rmitied"'with Conditional Use Permits, includifj Automntive Sales, Convenience -Snide and 86rvices, and Food and Beverage'Sal as. R„ Specific, The applicant in 'proposing to uav apprpnimately ' ¢,OOO square feet of his 17,000 square foot-,building for the retail sale of shoew and accessories.r. The.buitding crimmrily, servesl�ae a warehouae and light,<distri0lition center .for.the owner's two other stores which are. ocated in the cities of W-Jnut and Corona. The warehouse.operates between 8 'a.m. and 5 p.m., while the retail business, which is already in operation, is open from 10 a.m. to 7 p.m. 'Deliveries are made an average of&twice per week. ' The building is located on its own parcel 'and has its -awn; driveway; and parking lot; therefore, it does nC.a appear that traffic or parking problems Will result..from the additional traffic which is typically created,_by retail uses. The Building and Safety and Fire Divia+.ones have conducted inspections and determined that several mod:.fieations dealing with fire separations and,'proper exiting are necessary in,; er. order to mega the occupancy requirements ¢or a''�et+til use. Prior to allowing the retail use, these &odifl,6tions will be, required to be completed to the_satisfaction of the Building .., and Safety and.Fire Divisions. Three parking spaces are located in'front of the ent *,:2'6e, one of which is a handicapped space. The 3!temainder of the parking is locate,d� the north side of the building-and 'a se➢arated from the entrance by a below-grade truck"loading ramp.,,- A ' PLFNNING C.,.TSSI0A STAFF REPORT (�f '-- CUP 91 08 MACIAS w' April-:24, i991 Pagr-:.3 V' aural � � landscaping,i;concrete ath`throu hr p he 9allow 3 ` • - _ a pedasirians access from the_northerly parking area'to tha entrance '. way of the loading area. C.. Proaeity Maintenance: ,,'1he building`was_ cc-istructed in 1980 rnd, in staffys opinion, could use some.•mainte�xunes. When the sx`e was :visited in March, several" terns wore rioted. Staff recommends that the Plaau%Ln Commission re pp g quire the a licar_� i to correct the following- emu: 1. Starsae' a£ lumber and piper,an north side ofi,building; 2. Painted 'Oignage on western windows; 3. Unpainted roll-up door on north s-;,de of b-,All.dina_ 4 Ac"gla 416*r should be painted do match bu:.ldings' urn 5. Pink neon paint crash poiea"at the building aateance; b. hind painted "Store Parking" directional sign; 7. hucts on roof OR building; k. 8. Pseling, flaking pai.-tlon taaPjlildinq cvalls. J i ram/ F_ num►au Pf suggested condi'Lns have been included with the a2tac ed Resoluti,,n kvVroval to ad3ress these issues. �. D Cioncluaiont 3077aua0 of �tho large psopartiov of ,floor area auvoted ` tn storage and the uae of the:,,,building tie a distribution point for QthRr stores, 3,t a�`zara that the industrial area :ie an ;appropriate location .f�r. tlia agpe of mixed use. If the t-finical -and maintenance i aC-can be resolved,, ataff has no aeriaus doneerna with:the land use. E. Environmental Asaasgmen Upon review c „ Part I of the Iriti$1 Stud y ,and completion of Part ,;I of the Pns A-•aamental Checklist, 'iotsff has -found no e�gni.ficart i.mopaets',reTsted to then. ro -. '-l' \ . p posed use-., .. IIY. FAf`PS FOR FiL�'DINGSe The Comaip.,1' mist Cask% a1'®t,the following.,;fl findings in order to approve tr 1,a a lici►tons r" c A. That tha'pr-igosed use is.in aG 3eral Plan, the ' ob jeccivet 'the Developme*t,Coy P 4t;3s2e of tits y Industrial,?_,:—,ja- Specific Plan SuYex> -. ?he site'Is located. - r` PLANNING COMUSSION STAFF REP,OR j r Y �= CUP 93-08 - 2ii�CIAS Apri1,,24, liyl _•. + �t3 t1. 'That the proposed use Nill not be detrimental to the public l &eaitii, n9k:iLy or weifara or mato))_!ially injurious to : S? Properties -sr--imrz:�74L nts in the vicinity. fr, + C. That the proposed use complier w1txr:7zz.6n'of tho, applicablQi } ,u proviuions.of the industr36Z,„Area Specific Pram. IVI) CORRESPQ?N3�NCE:- The item has been advertimad as a pub aic hearing in the; an11 nld Valley raper, the.Daily news `: property .tsas} l w^en posted, and nL-tices-have been°sent to th-k-adjacent property ` '„owners within 300 feet of�the prLjact. V1 '. PECOMMENDATSON: Staff recommends that the Planning Commission conduct the pub l2­`h9aring to detnxmine whether the land use is C� appropr?ate. I£ the Cry nsiun can ruppoot they neces� ary gindi�gs, conditional apprfdaSymay be granted tl ough ion of the &ttached ;Resolution,,) Bowever, sti2i wpuld ,rer$mmend that approval F the use.;Pzrm:�t , F.;drgferred„p8nditg redakution of the ;Building and Safety;`sues by the applicant Res 15C submitted, 3'' t Bra ulle City`<t lanner" n BB:SR:sp Attachments: Exhlblj -A,",- Letter from A/licant ErUibit "B� - Zecat.on'Ha}�% _ Lshihit, "C• - Fiaor Flare . Exhibit wD - Site Plan Resolution of Approval / Aft {C LJr 2 4 S - SU.Ta-V M.PERTIt: 8711 Monroe chi Ranchr Cucamonga, et,,1730 APPLICANT: Del Rey Tennis_^hoes Warehuu-se ` 8711 Monroe Ct Ranctk-) Cdaamonga,CA 91730 The-izitended use of this building is primarily urareho?zing azid,ligh ',distribution' Of tennis shoes. The total square rootage of this building is;18,536''`sq ft Approx- imately 13,000 sq ft will be used as warehouse and offices. ApR+-ox!mately 4,000 sq ft is inte_Id0,f0r use of retail sales'for fine tennis shoes. "j Business hoursrfor our distribution are from Sam o;Spm This retail sto.e siould be ' from loam to 7pm. The number o f employees at this I-,' t,on would be app*+ 10. - y Dal Rey'-Tennis shoes has two other retail outlets one in the city of Walnut and another in Cos;ona- ,These stores need to be restockFd_, ,s," daily, so this is where our distribution canes in The reason we are requesting CUP at this location -is tnat the retail business ` would help o-<„;.in our lease payM�ent- In checking;:the area we'see ncd other footwear business t t:we Would bel,interrupting. We also lv.m ample parking spaces a total of 32 a.ncTziding l handicap parking spaco, and 2,truck delivery wells. OF t4;i1UCAM®N'GA 1TTL : e�+ec-, hh. L►r .,,►, PLANM-Nd-k�3 SION - � t.� EY:r wt. A SCALE: ARRO - �P sl �s•x / - —— ._ Por. n N ti u1 pet '" Pdr2 w {�apor3�rtJ uaaa Gr,Acv Par.3 'Par.4 i ; lbr.Por.11 1 " 2.002Ai. L7O4ae., � 2.49Ac. 1.60AG�-� ZW r .aG i reef w 2.966 AC. �• aft l6 df 1 'si •95 2r t33:pG Js•7a_ -kY.G2 ,4e: �,MTS r 9 61 Q }y 7 �� t'fy Por.L Port Fdr•3 poi 2 RulB Por.F FOr•20 FC� y 1 M� 4 Fbr.i6 2.328 Ae. P,Jr.5 !�! iL trz 1278aw � �Et"`!J'i•�L-�— 33 �C-OFSE _ ._IdR•r �. �f 1 �1•It t!', Por.1`F'riz2�. PC �7 r�'_t\"T °cc8 Por.7 Por6 FOr.S Pbr.{ FOr. Por.4 E8 15 2G o Por l e' g c Par BINM caaz 81 I , o• sm .r S '2.577ac. n a 1.484A. Fbr9 7/ IlLQrT H �� e7e.or altos 1; �Ik2 Pori4 4 �PC.5'v 3: r P, .cu. a Romig Rrt.10 Q,` 2.44TA C.1 25(A ,�r 6 22 2.10 A Fbr 2 �54 i"t�3 •r,LF yy YOIAC ri 2AG © , © ® 'ICJ '2J P or.7 Pons ;p Por11 Fbr ®rl r.it Fbr FhrEl PodT ,1 Z 25 26 La..ys FORW.e! z5cyv• c,n.. -Xxf ^ z.r zro z1♦ PaY G C•ai�,... zro !ibSR r .AAR.S �.�R. PAR.e PA/R'.�11 ..• _ 17. 86 tr ..> r: Par,{• e SPAR 12 PAR f PARJ4 9 16 a.PAR.2 /,97AC: I PAR710 i i F/';1 6 ° 1� 2 +, o a. n. v •.i2 Q�.. ,•� ®j,1•A� :�i A'� �. A7R• /2 :.°. !C' . 10 f tPAR.3 o PA 1 PAR.7 �¢ i PAR.�j` �� 736AC.l PAR.4. mP,i�3.r 24SAG'! -` �l�:J o ..'4AC',, i !4 ,�a, 11A�" •c y� sx..Y a.S..8x 777***rrr 1 .`09d B 2803E ^iC6.0J rf I 4-s 5. C 11 4 7.36 AC. 4.7 AC., 4.7AC. 3J8,1t~ 10-47 9.21ACA 0 f3G Q a 4 5 _ �I v 4.44AC. Q�r O o �- ::.,.•rise! •9�r,2 i c a a e zice i' as- Je r o , 0a� u- v - �'(' U Fd � t %// I I �NTIZ•(, , -77 cam � � s` err �• �� OvcRS \ M �3 -r 17 , IL � VL rIY OF TO s� UCAMOI��GA �) PLAt1II YI�G . lfVISION T� `'`�. Puw - 'N � 'l ILD S !F., ENVIRONMENT ASSESSH£NT AND COt7DITIONAg r v USE A request to allow retail sales in conjunction with a light wholesale, storage, and distribution use within an existing 17,384 square foot building in the Industrial Park District (Subarea ,6) of;, the Industrial Area Specific Plan, located on the easi;rida of',-Monroe 'Court, nd."t.j of Sersmy Boulevard - APN: 204-144-42. Staff recommends asuance• of a s' 'vogative Declaration. Steve Ross, Assista``- Planner, presented thi-4iaff report. He suggested that if the Commission wished to approve the'project, that they defer action until May 8 to allow the applicant time to meat fir4 cods requirements. Commissioner vllette asked if the retail use would cease until the building'' _ and fire codei`asues were resolved. Can Coleman, Principal Planner, stated the applicant did. not have permission ,zo operate because there was no approved conditional use permit. Commissioner Valletta asked,.if there is s way the City could onforaa closing of the operation. Chailman McNial opened tte public hearing. Sandra '3alceda, C711 -:SOnrOsl Court, Rancho Cucamong ; stated she Sias «nor: daughter of the applicant. She said they had been working with Mr. Ross and had alrsaCy corrected some of the items an the list. She reported they had contracted to'`modify the fire-, oprinklers and paint the building.' She indicated they currently lease the building but hog; to close asIcroa� shortly. :she reported they Jhad received a business license from the t:ity and, received approval from Plannlnq Division for the use, She stated nothing had been indicated en tl*' business License that a Conditional Use L?ermit would bar' required, ij > Mr. ROSM stated that when the business license was 'appraysd, it was believed the use was permitted without a conditional use 'rMnlit. ill Commissioner .Tolst4%y expressed concern about thu poezttion:of the ;parking lot because customers-would have to cross a lc�moang dos): to et to th antrance. Q e main Otto Krroutil, 60 L Otte v lannsr; stateed•Cheat staff originally recoarmsnde3 approval of the condltiope: uas permit � Y with Condition, but when the building departauwnt and fir®,depastmeat nosed axiting,60robissn, staff then ds recommond,, -mine if''the applicant will be able to maet a continuance to allow time to dateal ' building and fire codes issues. Robert Siesmnem,j;id317'fully Sceasl, Rancho 'Cucamonga, stated• he was the Baal.:, estate broker aiti the property. '�t said,lchey had hoped to he'abie Ito $pprove all of the paperwork 'ahsad�,;r- tiLa to be sure they ,could meat all raequirt morns. He said tht. applicant had;been working with stnft and,had,spent' AL lot of money trfing to"meet tY.h_le u{raa�nfis. Mr. ;Liana stated the h Planning Commission Minutes 7,13- April 24, 1991 .,I building is located on a cul-de-sa street, so hq-,-,id not feel theta would b%,. problems with traffic; Commiseionei, Melchor thought the intent of the Industrial Area Specii(C 0 an was to permit only -incidental xetaii sales in connection with the indu`a�Aal uae. He,.did not feel 4,000 square feat of retail apace is a 17,000 aqw- a foot building should be eiassifiad as incidentak. He felt the use should not' be permitted in the industrial area when there is so much unleased commmrcial apace in the City. He felt granting of the canditao:':i use gcrmit would be unfair to otorakeepers who lease the higher priced commorlial space. Commissioner Tolstoy,agread that he had the same concerns._ He also felt the building was not dssigned for retail use hocausa 'the parking layout was not oriented properly and customers would have to enter through a loading dock- arsa. He opposed the conditional use permit. 1, Commissioner Valletta concurred. city with some retail. He did not ,ere were other warehouse operations in the Chairman McNiel agreed, but said Lh y object to the use as dofinod;� Commiasioner Chitiex felt that a small amount of retail uai,(In conjunction with a warehouso is appropriate. She felt that if the main function is`to be sales, then appropr�,ate amenities and parking would need to be provided. She felt the side in question would require aktanaive mitigation measures. Commissioner Meb�:her did not object to the particular use on its own mzCri'.s. Hawaver, he thought that if the use ware approved, there would be no basis for excluding other urere. He folk, teat a large amount of, retail use in the industrial area would ns,.ativoly imptct the commercial tiros. Ce.mlissionsr Chitisa agreaC, that,a largo amount woull char-tqe the entUe 1^9uWtrial Specific t?lan'arsa. coamissioner Tolatry commehted that Archibald Rvent=_o was not "designed as a retail center, but it has turned into one. { Mr. Aroutil stated that I the Industrial Brest specific Plan r;.; sntly alloias retail in cinjunction with Marohtu®ing Lit distribution.!' He'aaL.d that up to 20 percent retail is permitted in conjunction wi+.h office space in she in the district aorces the outset from this site. He suggested that if the Commi43ion felt the -uae ci)nld work out, ,%hay4could continue the iQm to allow the prl�jQat to be condittcinad`wr.th certain'iffiprovemerit roquirmanta. brad•Buller, city Pimme ,�atatfA the CommissLcz hat ns,t not through previous action or discusuion a psrl;ijy interpretation of cbet'Cle a reasonable ratio or retail use. He suggsstse,;/�the appli ant-may,be milling to reduce the Qquase footage to comply with the desires it site is the istus. commas ono: 9e1cher felt the; suggested tvpm of. 1�damagom the intmgrity of doveldpmant in a town designed for retailing. He_,z3 It rstailinq, in the industrial tares should ba limited to incidental. 's Planning Commission Hinutas 414- April 24, 1991 �f ( ci Commissionor Vallette'i.\t incidental retaiYing in the industrial area could be successful, but it needs'to be site specific. She was opposed to requiring customers to cries through a loading area. Commissioner Tolstoy thought retail should be cpnducted. in a building d.Asigned for retail use.. He did not want to turn the industrial area into a retail area. Mr. Huller stated, the provision conditionally porkitting retail has alwaysbeen in the Industrial Area Specific Plan, and there have not bgen many t) applicati¢A�, He did not 'feel it would be a common use. He sugq�:atsd the _;'Applicant be pez'mitted to investigate with staff to com if a batter layout -could be provided. Commissioner Chitiea stated that 20 percent of office/professional buildings; are permitted to be retail in the Haven Avenus,-.*Mrlay District, but she folt the permitted-percentage of retail st� _—ld. be much lams in wara��auov building. She felt that the application'shouldonl be a y pproved if it included less floor.araa, a total reorganization of the parking lot, and additional lande'caping. She felt- -use should only,be .incidental. S tion Moved by Melchor, 'seconded by olstoy, to direct staff to prepare a solution of deninl for Environmental 'Assessment and Cor'3itional Use Peirmit 91-08 for adoption on the Consent C_lendar mt the Kay 8, ,1991,-sooting. a=kAl'°?n carried by the following votes A7Sz COMISSIONERSz CHIT,TEA, MCNIEL, MELCHER, TOLSTOys VALLETTE NOES: COHMISSIONERSz NONE 118; YTz COXHISSIONERSz NONE -carried v G. YRJ QNF�F.NA`AL ASSESSMENT RND INDYJamas,BL SPECI IC UM Z„nL .,CITY otF RANCHO COC_ QKQA- A request to amend the Industrial Area Sp ecific Plmn by adding swap meat and aztenaive impact cozsmarcial, use and their development crLtsria. within the Specific Plan area, Staff rscomeands issuance of t Negative Declaration. Anna-Lira Hernandea, Assistant Planner, presented the staff report. Chairman MsAisl asked if i�ay citios prohibit swap meets. Ma. Hernandez replied affirmatively. Chairman McNiel opened the public hearing. } ii Richard Mager,,Lewis nw- es, i1SS,Korth Mountain, Upland, stated that the City of Rancho C�damonga Oxpects decelopmsnt to bay a cut sbova otherq;tigs. He felt swap meets either indoor or outdoor Id be an Jm,:O Patif�Ts>use for ?fanning Commission Minutes April 24, ls9h` CIS OF RANCHO CUCAIV.O>NGA " STAFF REPORT f DATE: Mal^-8, 1991 ! TOP' Chairman aril Members of the Planning Commission FROM. Bra'% Buller; City Planner BY: Dan. Coleman, Principal:;,P]snner , < Il SUBJECT: RESOLUTION OF DENIAL FOR CONDITIONAL USE 'PERMIT 91-C9 - MACIAS I. ABSTRACT: The attached letters from the ap�3ic:a\t were re"ived I l after the agenda was distributed., 1,o2►e ap:?'icant veguests that the I item be conti.nw "i in cyder to be'tz lowed to Present!, additional,''' ttt testimony. Staff+is ,Prepared to discuss the issues raised in the" letters '' II. OPTIONS- public hearing was e:losed•on, April 24; therefore, the Planning commission has the following options,----, : 1 111 _ NK 1. Deny the Conditional Use Permit throw\\g .. adoption of the m attached Resolution consistent with your' c�:on on April 24, 1991; or 2 _-,Pull the item from {the consent calendiaj) id direct. staff.,to advertise a new public hearing on Jv' / 12 to allow ' he I applicant an additiovlal opportunity to aZ,uess the Commission. Respe Fy submitt z� Bra er City Panner ll, t BB:DC:sp "e Attachment: Exhibit "A" -,Letter fzom the ADplicazt. 1 Resolution of Denial I ''"� '�`' .2'"C%ItA170RRIC8TER AdhL 18=VON Kam'AN AVEt1UE�) - SiANoR RIGHTER SURE= _ J. I N B..KAIT2 If'YINE,.OALIFORNIA 81:715''•, �. E,i;.t.vt ,- 7p(E►HONE tf� CITY OF PANCHO CUCA0�10NUA,;i4)9:5.3888 �, tda i1 ^N May 7, 1991 h;AY`.1�3 P fanning Commission for the Iw,b' r' CITY OF RANCHO CUCAMONGA 10500 Civic .Center Drive Rari"cho Cucamonga, CA 91729 Conditional >:se� Permit;91-0& MACIAS Lear Con-missioners: This is a falx --Up to my letter of May 2, 1991, since that time I'have discussed the concerns of t1T,Commssion with Brad „ Buller of the Planning�'Department, as to the following: a) Percentage of the total sales; operation devoted to reta .t 1 b) Type and size of signage`used, dock;c) The present public entryway as it crosses the loading d) Compliance with all health" and safety codes, including but not limited to apZs�ojiriate number of exits for the facility. -"` \\ , ` After having discussed the concerns with my client I feel very strongly that while the Commission concerns are well taken the Macias should be entitled to an opportunity to address those- concerns, along with any others the Commission might have, and propose solutions acceptable to the Commission. I therefore make the following proposal, the commission continue the matter until a later''date for the purpose of allowing the Macias adequate time to meet with staff in order to address the Commi:ssion,'s concerns such that Macias facility and operation will meet the objectives as set forth by the Commission. , Sincerely, - LAW OFFICES OF J. CRANOR RICHTER Alan S. Ka' c \, -T.CRANORRICMER. 1WW VON KARMAN AVENUE I� JjJ N.Y.AITZ OR RicHrtETER 'SUrtE 820 ��r 1� 1 IRVINF,CALIFORNIA 92715 LEF40H1-B €) - - Glty n�rA Wit'.)CJCAhiuNGA May 2, 1.991 .; MAY 0? IN AN p �lgl�l�p121�l2l314l�l� ,-�= Planning Commission for the CITY OF RANCHO CUCAMONGA ,f 10500 Civic Center Drive ` Rancho Cucamonga, CA 91729 Re: Conditional Use Permit•9�_-08 IIACIAS Dear Gentlemen: Zhis argument is submitted in support'-of Applicant.�' request for a continuance which request as based upon the flloing reasons 1) th?t the Commission,was unduly o w prejudiced by the fact Applicant was conducting business without the required conditional use permit and was without knowlexge of all facts sur•-oundng such conduct,: 2) Applicant understood that their CUP would be approved as staff had recommended its approval, therefore the Yacias's :were unprepared to-argue on their own behalf; and 3) to allot_�uf.'' .gent time for further public opinion. The ur4dersigne is the attorney foi Mr. and Mrs. RA)MUNDO MACIAS, the applicants f�� Ct diticnal use Permit 91-08, which l would allow the retarl, sale of tennis shoes in conjuncticn with ,their wholesale and distributlon operatic located at 87i1 Monroe,, in the City of RaS:;ho Cucamonga, and-rhi w.I was one of the subjects of your April 24, 1991 hearing. HISTORY^ Ci Previous to the opening 9t the Ran,•ho Cucamonga facility 1;he,,Macias's owned and operated a small fa- ly rw��usiaese known as Wvt RAY TENNIS SHOE WAREHOUSE with locations} ini)t;1a Cities of Walnut and Corn..na. A few-,years ago as overhead costs t'egan to skyrocket the Macias Is decide-.��t`=.�Ze way to meet these `aver increasing comet a w::)uld be to open, w2thii�their wholesale operations; ,small store; offering wholesale rices`o=etennis shoes to the public. i:.. 21 „ Planning Commission AWL May 2, 1991 Page •. As their wholesale operation expanded a larger warehouse became r.i;gcessary. In hate 1990 Mr.'Macias engaged the services of, Coldwell Banker Real Estate_ Services to assist in locating and purchasing a new,warehouse. In early 1991, a site was lo'cated tit 8711 Monroe, and on or about January i, 1991, the parties came tp an agreelnent,as to the purchase of the site by the Macias Is. Thereafter, th- MaciasI-o started preaaxina:¢or the ,opening of tYlis new facility; On: or about January 18, 1991, in preparation for the opening, Mr. Macias daughter Sandra went to RanCfzo Cucamonga City -' Hall in order to obtain the requi:;-ed business license. When Ms., Macias went to apply for a bucincss license she ',,ias handed an application; was instructed to co*Mete it; „and wa,:s informed that the location would need to be I approved by the City Planning Department. Ms. Macias filled out the application and .proceeded to the Planning Department- counter ;whereby ,she was greeted by the Planning Departmar,t, clerk,, who reviewed the application and then went into the back to confer with anotherterson in,re_g .rds to the Maciasls application. When the clerc returned she iL;wkcd the application approved and informed Vs. iiaci''`s that.-the 184ati.on had xren approvoi by the Planning Department., -rx trv” and correct copy of the Business license Application is attached hereto as Exhi.ait j "A". Ms. Macias then proceeded back,to the 1scPn�'n section where the clerk took the applicatioa\ along `.kith`-'apayment in the req►.aested amount aava-#Vded the iicen a The application clearly indicate&- that the Macias's t identified_the type of business to be operated at the •locat;ion as a wholesale and retai: business. It further clearly indicates that ' the bus:ixtsr-= locrAta s,,1 as in fact approved. for both a` wholesale and retail busipesS. Upon rec,*ipt Aof the business license and in rei c'Int.n upon the approval of "ie location by the Planning Departie6 the Maci.as's expanded 1.:,;housands of dollars readyingr� opening. he facility for,. On or about March 6, 1991,, an inspector`from the Planning Division had occasion to visit the- ,:aciast-s bus3j-1 at Which time `they- ihat .the retail operation was in violation of city code as a -onditio*t31 use permit wigs- required in order sell icy the public. , a7D1-� 7:JI�LY: 24, 991 C AGENDA Planning Commission 1 s. May 2, 1591 Page 3 Thereafter';- the Macias's with the assistance of the Planning Department prepared all n^cessary dopumentation and-'on or about April 24, 1991, the matter was heard by this commission. LEGAL ANALYSIS- It is well settled law that a city has the right and" obligation to enact valid zoning ordinances to promote the public health, safety, morals, and general ;,telfare of the community by its general plan or methods of classific,'�tion and.distric^.ing. 'Miller vs. Board Of .Public`Works 195 C 477. - .However, in its operation the. application of the general plan must"ve related to the individual property involved. Specifically, it must be free from arbitrary and unreasonable conception and application and hence fair and impartial. Robinson vs. Los Angeles, 146:-CA2d-810. Whether:a zoning ordinance is unreasonat-lea, arbitrary and discriminatory is related to its application to-a'?;articular parcel Of property, and each case must be determined 01I its own facts, Spindlere Realty Corp. Vs. Manning 243 CA2d 25;; The rules and considerations set fort.`, above apply with equal force to all zoning regulation. Kissinger; vs. Los Angeles 161 CA2d 454. The theory in zoning is that. ea��h,district is an appropriate area for the,location of the uses whith the'zoning,plan permits therein, and that the existence or entrance of other uses would tend to impair the,development and stability of i-:a area for appropriate uses. In other words, the, purpose of zoning and planning are accomplished by dividing the community into districts or ,zones wherein certain uses are permitted and from whi"ch uses incompatible with those permitted are excluded. Los Ang,les vs-. Gage, 127 CA2d 442. CURRENT SITUATION• The Macias's property is 'currently designated as an Industr",al Park within subarea 6 and as such use of the property includeLr' "LLGHT WHOLESALE, STORAGE, AND DISTRIBUTION,'pursuant to this use -the code further allows "Retail sales from the pemises' may occur when approved,as a,Conditional User. �5 The property immediately north of the subject property, (see attached Exbibit "H"), is within t1z:,;same zoning district and is of similar,type and use, as such the jse should be similairly regulated. However,; the, property house: s' businesses (734 i .1 City Planning May 2, 1991 Page 4 all of which cater exclusively to the retail public. true that 3 of these business are specifically provided . i2) this zoning district the remaining 3 must have been coridit ,onal use permits,, , i"i` The first being a flavor'' covering sales business e " second being a retail printing business, and the third, whiff. s now closed, was a retailer of wood mold.ngs. It should be additionally noted that the at'iove mentioned businesses occupy far mare of their total facility for retail sales then does Macias's. Macias's use of the facility is incidental to their permitted business enterprise as more than 80% of its facility is devoted exclusivel}", for use in their wholesale and distribrttp business, which also includes office space. 1 By this point it should be unquestionzbly clear that the Macias's request for a conditional use permit for retail sales of tennis shoes in conjunction with its wholesale and distribution business is within the permitted use pursuant to the code. ADDITIONAL CONSIDERATIONS: r _ As it would be wit in the power of the Commission to giant Macias's a conditional ;ase permit the Commission also should consider the current situation of the Applicant created mainly by misrepresentatio.is,-made or caused by the ambiguous information contained within the Application and the reprEsentation made by both the Planning Department and, thd-Business License Department.. The first misrepresentation was mode by the Business License Department when the clerk informed the Macias's that upon the issuance of the business license they were authorized to commence business; and The second misrepresentation is the Application t`itseiLf- In the lower left hand corner there appears to be_approval`of ithe Planning Department as to Macias's business location being apri�ave"e: for the type of business applied for in the application, that being wholesale and retail tennis shoe sales.' :5 The Macias's run a small business run. largely by' farily members. As a result of the abgvs described misrepresentation thousands of dollars and considera]Z4 time has been spent in making the necessary improvement to the business location tc,i.th additional expenditures expected. Should the Macias's not be granted a CUP the Rancho Cucamonga business location would no Planning Cammissioif May 2, 1991 Page 5 7 longer be feasible, both economically and geographically resulting, zn_ the: li' ly closure of the lousiness at 'a tremendous financial loss. Tbs.'-Macias's- business is a well run professional \ operation that any City should be proud' to ,have within its jurisdiction. The business will add to the;tax revenues of the City and will benefit all surrounding property owner's. For` he"se reasons the April 24, ,,1991, hearing was met with no oppositioxl by the public 'nor surrounding property' owners. Additionally, as previously stated the staff recommended the approval of the CUP in this. matter. As this commission has been trusted to act'with the best interests of the community at large, to :deny the Macias�s CUP without further consideration would not only be unfair and prejudicial to the Macias Isbut would --be a violation of the authc-?-ity granted, to this Commission. For the Commissions rQview pictures of DEL REY TENNIS�� SHOE WAREHOUSE is attached hereto as Exhibit "C" CONCLUSION. For :the reasons stated above the;Macias 9s respectfully - requests that this Commission.-grant a"continuance in this matter. J% Sincerely, " Alan B. Kaitz, Esq. ABK:cc t r' '=�� ° r N ¢o a V ❑ LLuj a u• a _ 0 ucc vGy w p Im iTa T°" w r� �z _ a F , } w- �- LU k!' t �. I � r a v - � I w ' W- �, a Enu cc 0 p F a J c5i N N y - z o� W "1 4 rpm 14, • Y � N `:2 Tf _I A O CC {s�l�ry I v Q U yS2 w V ti �vztu ALL' V U v❑K � ....>zq ¢a p Q z O. N {,w m I m m WILI 0. ZI_:1 -' � vi U m O Q w W a W (i ^ 7 0 to w W ¢ W Ili t, W W!e .v10 CL m..p ' ))ice y -M r1U tuJ 0 ¢ ti O m.c$m w O z �.. a. m U r. a 7. 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Subj: Hearing on Environmental Assessment and i Conditional Use Permit 91-os, Macias Dear Siri, The undersigned hereby h'Irequests that the Planning Commission continue this matter in order t';dt Applicant, Raymundo O. Macias, be allowed to, present additional argument as to the impropriety of the commission discission of April 24, 1991. Your courtesy and consideration is this in appreciated. atter is greatly Sincerely, Alan B. Kaitz, Esq. ~ I SQ QUESTED: RA DO 0. PSACIAS, Applicant rs } A. RESOLUTION OF DENIAL FOR ENVIRONMENT SSESSMENT AND CONDT' [ONAL USE PERMIT 91-08 - KA IAS A request to allow retail sales in "conjunction with a light wholesale, storage, and distribution `use,within an existing 17,384 square foot building in the Industrial Park District (Subarea 6) 'of the Industrial Area Specific Plan,"located on the east side Of.Monroe Court, north of Jersey Boulevard =APN: 209-144-42. B. TIME EXTENSION FOR CONDITIONAL USE PERMIT 88-42'' PITASSI D TMA -;A request to develop a,45,1SO square foot YMCA facility on 4;93 acres of land within the Recreational Commercial District of the Teria vista` Planned Community, located on the east side of Milliken Avenue, north`of Church Street APN:' 227-151-13. C. VACATION OF A 'PORTION OF VINCENT 7� NUE INC7'UDZNG 1FE AhtACENt aD 'FOOT WIDE SIDEWALK EASEMENT - A request to V�k�ate a portion of vincsnt Avenue including the, adjacent 10-foot wide sidewalk easement,' located north of Jersey Boulevard, east of�4sd Oak Street - APNz 209-144-27 -k (C'~ Otto Xroutil,: Deputy City Planner, announced that staff had received a requettr to pull Item A from the Consent Calendar in order to allow the attorney for the applicant to address thc, Commission.' Motion: Moved by Chitiea,' seconded by Valletta, unanimously carried,'tc,`;aaopt Items B and C of thrs.-Coneent Calendar, A. RESOLUTION OF aENt L FOR F tRUNMFNTAT ASS���'Mct:+' AND CONnTTTONAL USE PERMIT 91-08 - - - - — -- Mr. Xroutil stated the applicant would like to address issues which they felt the Planning Commission did not allow them to properly address. He indicated the item would need to be advertised for public hearing if the Commission decided to consider the project.' Chairman HCNiel invited public comment '�az to whether the Commission should reconsider the application. ' Alan Kaitz, Attorney, 28300 Van Kerman Avenue, Suite 820, Irvine, stated the applicant felt he had not been 'able to ;properly address the concerns of the Planning Commission. Ear'indicated the applicant thought the desire@ of the Planning Commission could be accommodated. He anked that the Commission give direction to staff to I further work with the applicant. No reported that the applicant had though the project would be automatically approved, so he was not prepared to address the objection! raised by the Planning Commission at the April 24, 1992,ti lanning Commissio'd masting. He felt the project could be a benefit to the 'community at large. There were no further public comments, Planning Commission Minutes -2- May 8, 1991 � ll v chairman _.MCNiel stated the Commission had already one through - ful l public Y g 4 he i hearing. F Commission Melcher stated he was in favor of directing staff to advertise a now public hearing to allow the applicant the option of further addressing the I PlanningCommission. n. Motion: Moved by Melcher, seconded by Chitiea', to direct,staff'to readvPrtise a public hearing for Environmental Aseesement,.and ConditionLI Use Permit 91-08. Mction carried,b7 the following vote: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS. NONE ABSENT: COMMISSIONERS: NONE carried PUBLIC HEARINGS D. ENVIRONMENTAL ASSPSSHENT AND IWDUSTRI T SF �'Iy1C PLAN AMFNC F 91-03 4 CYTY OF RANCHO CUCAMONGA- A r3'3uest to 'amend the Industrial A"Mi SpeC.Lfip Plan by adding swap meet and extensi^R impact commrcial use and their development criteria within the Specific Plan, area. Staff recommends issuance of a Negative Declaration. (Continued. from April 24, 1991.) Anna-Lisa Hernandez, Assistant Planner, presented the staff report. Chairman MCNie1 opened the public hearing. James Page, 15643 Sherman Way, Van buys, concurred with.the staff report. He indicated that at the last meeting a rcferonca, had been made to the swap meet in Santa Ana and the fact that they have experienced parking problems,even- though their requirements Call for one spew per 150 ;pars feet. He reporred that the swap most,-,is located at the 'turner of Warner Avenue and Haznor Boulevard, bath six-lane streets, and that there is 0Y1 across problem. He felt the parking lot .is more than adequate for the 160,000 'square foot facility. He commented that the facility, is run sii.=`days par week (closed on Tuesdays). He said the four driveways all secure access from a-60-foot wide street. He indicated that because the swap meet, operates the same hours as the surrounding,industrial uses, large trucks .park on the 60-foot street making it difficult to exit the perking lot. He tfought Valley Indoor Swap Most in Woodland Hills to be closer to their use. He said that particular swap moot :generates 363 trips during pelk hours. He reported his traffic study projects 313 trips-during peak hour. He indicated that if they project 400 public cars plus 100 vendor cars, ,that -would only account -for Soo vehicles, while the site they are_interested in has over 700 apaces. He requested that the use be approvad at one space per 150 square fast rather than one spaes per 100 square feet. :He also requested that the square footage calculation be used on only actual sales space.' He suggested that on A. Planning Commission Minutes -37 May 8, 1991 I Y� RESOLUTT16N NO. \y` h A RESOLUTION�OF THE PLANKING COHMISSION'"OF THE CITY �DF jfJ RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 91-08 FOR RETAIL SALES IN CONJUNCTION WITH A LIGHT WHOLESALE, STORAGE, AND 'DISTRIBUTION USE LOCATED AT 8711 MONROE COURT IN THE INDUSTRIAL PARR DISTRICT (SUBAREA 6) _ OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND HARING ® FINDINGS IN SUPPORT THEREOF - APN: 209-144-42 A. Recitals. (�) Raymcundo O. Macias has filed an application for the issuance of the Conditional We Permit No. '91-08 an described in the title of this Resolution. Hereinafeer in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 24th q$=Aziril, the 8th of-May, and the 24th of July 1991, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed, public hearings on the application end concluded said hearings on +-he_24th of July. C y„ (iii) All legal pret_quisites prior to the adoption of this Pesolution have occurred.., B. Resolution: NOW, THEREFORE, It is hereby found, determine,', and resolved by V'b Planning Commission of the City of,Rancho Cucamonga as dollows: 1. This Commission hereby specifically findv�,tihat 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 ubove-referenced public hearings on April 24, May 8, and July 24, 1991, including written: and oral staff reports, together• with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property which, is -located at 8711 Monroe Court with a street frontage of 170 feet and lot depth of 236 feet and is presently improved with an industrial ,building,` parking lot, and landscaping; and (b) The property to the north of the subject site is vacant, the ;property to thy, south of that site consists of a warehouse, the property to the east is vacant, and the property to the west is vacant; and (c) The building is logated along the aouth and east property lines and has three parking spaces, a loading ramp, and landscaping on the st 6st side, as well as 30 parking spaces on the north aide of the building. ,,F PLANNING COMMISSION RE��:,rION CUP 91-08 - MACIAS July 24, 1991 Page 2 } (d) The application oote.emplates 3,330 square feet of retail sales and 14,072 square feet of warehouse and related offices; and (e) The application states that distribution (i.e., loading/unloading) activities will take place from 8:00 a.m.'Ito 12:000p.m.. daily, and retail activities will take place from 22:00 p.m. 'tu 8:00 p.m.; and (f) The site was designed and intended for w1ufactur+ng and light distribution uses; hence, a depressed loading ramp" faces the stroet frontage which separates the public entrance from the main parking lot. As proposed, the site' plan would require customers to traverse through the loading ramp area to access the,P;blic entrance. (g) It i_.-'proposed that 19 percent of floor area be devoted to retail salos; and (h) The proposed site is currently not in conformance with Ranci:o Cucamonga Municipal Code building and fire safety standards. Several modifications to the building are necessary to comply with-,the exiting and occupancy requirements of retail use under the Uniform Building and Fire Code'. 3. Based upon the substantial evidence presented to this Commission' during the above-referenced public hearing, and upon the specific findings of facte set forth in paragraphs 1 and above, this Commission hereby finds and concludes as follows: (a) That, the proposed use is not in accord with the General Plan, the objectives of the Industrial Area Specifin-per­ , or ,the purposes,-- the district 3n whi<--h the site .ie lycated. f (b) That the proposed use will be detrimental to the public health, safety, or welfare or materially injurious to -'properties or improvements in the vicinity. , (c) That the proposed use does not comply with- each of the applicable provisions ok the Develomasnt Code. ; 4. Based upon the`'findings and conclusions set forth in paragraphs _d, 2, and 3 above, this Commission hereby denies the application. 5. The Secretary to this Commission edall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY;OF JOLY 1991. PLANNING COMMISSION OF THE CITY OF RANCHG ^UCAMO*'r.:q ��N i> PLANNING COWIISSION RESOLUTION 20' �LtP 91-08 MACIAS July 24, 1991 � Page 3 ` r BY: w, Larry McNiel,, Chairman , ATTEST: y 'Brad Buller, Secretary 1, Brad Buller', Secretary of the Planning Commission of the"City of Rancho Cucamonga, do hereby certify,; that the foregoing Resolution was duly and regularly introduced,- passed, and adopted,by the Planning Commission of the City of Rancho Cucamonga, at a regular(.meeting of the Planning Commission Yz- on the 24h day of July 1991, by the following vote-to-wit: AYES: COMI,,ESSIONERS: NOES: CONNISSIONERSc ASSENT: COMMISSIONERS: i4a f i 1 , i% RESOLUT:SN NO. A RESOLUTION' OF THE PLANNING COMMISSION OF THE CITY OF it RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAZ USE PERMIT `� 91-08 FOR RETAIL SALES IN CINJUNCTION WITH A ( LIGHT WHULESALE: STORAGE, AND DISTRIBUTION USE, LOCATED AT B711 MONROE COL%tT IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND HAKING' >: FINDINGS IN SUPPORT THEREOF - APN: 209-144-42 A. Recitals. (i) Raymoundo 0. Macias has filed an application,-#or the issuance of the Conditional Use permit No. 91-08 "as described in the title of this Resolution. Hereinafter in this 'Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 24th of April, the 8th of May, and the 24th of July 1991, the Planning Commission of the City ofRancho Cucamonga conducted duly noticed f public hearings on the application and concluded said hearings on the 24th of July. (iii) All legal prerequisites prior;to the adoption of this Resolution have occurred. ip 8:. Reso cation. NOW THEREFORE it is herebyfound 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 hearings on April 24, May 8, and July 24,.',.4)-' 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows:. (a) The application 4'applies to property which is located at 8711 Monroe Court with a street frontage of 170 feet and lot depth of 236 feet jr and is presently improved with an industrial building, parking lot, and ji landscaping; and ;1 d (b) The property to the north of the subject site is vacant, the property to the South of that site consists of a warehouse, the property to the east is vacant, and the property to the west is vacant; and (c) The building is located along the south and east Property lines and has three parking;,spaces, a loading ramp, and landscaping"on the: street side, as well as LZio parking spaces on the.north,side of the building. (d) The application°contamplates 30330 square feet of retail sales and 140072 square feet of warehouse and related offices; and `Y, 1 II' PLANNING COMMISSION RESOLUTIOW NO. COP 91-08 MACIAS July 24, 1991,,, Page 2 AM (e) The application states that distribution (ire., loading/unloading) activities will take place from 8:00 a.m, to 12-00 p.m. daily, and retail activities will take place from 12:00 p.m. to 8a00 p.m.-p and (2) The site was designed and intended fog manufacturing and light distribution used hence, a depressed loading ramp �Sces the street frontage which separates the public entrance from the main parking lot. As proposed, the site plan would require customers to traverse through the loading ramp area to access the public entrance. Therefore, the loading ramp area will be redesigned to incorporate additional landscaping and parking which is typical of a retail-type user, resulting in a pleasant and eefe operation. 3. Based upon zhe rrpbstrntial evidence presented to this commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphe 1 and 2 above, this Commission hereby finds-:and concludes as follows (a) That the proposed use is in accord with the General Plan, _,the objectives of the Industrial Area Specific Plan, or the purposes of the district in which the site is located.,, (b) That the proposed use, will not be detrimental to the public health, safety, OL "Ifare or materially injurious to ,properties or improvements in the vicinity. (c) That the proposed use does comply with each of the applicable provisions of the Dsvelcpa:ent,Code• j 4. This Commission hereby finds and certifies that the project has ed been review and considered in compliance; with the'Cal£fornia Erivi.ronmenkal Quality Act of 2970 and, further, this Commission hereby issues A Negative Declaration. S. Based upon the findings and conclusions set forth-in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below, and in the attached Standard conditions attached hereto and incorporated herein by this reference. Planning Divisions 1) The amount of floor space devoted to retail sales shall be reduced to 3,330,square feet. 2) The existing roll-up doors doors shall be replaced with an architecturally integrated panel of a material and color consistent with the building's design. 3) The loading ramp on the want aide of-the building shall be filled in to p.rovide landscaping and two additional parking Spools at the same grade an the reaaitads�l of the to -rj f �d v 1 C=, PLANNING'COMMISSION RESOLuTIOIr NO. _ CUP 91-08 — MACIAS ' July 24, 1901 ~ Page 3 t 4) iuw'enriched walkway shall be provided to ccanect the northerly parking lot to the main entrance. p The enriched pavement material;shall be approved by the City 'Planner, ` 5) The building shall be repainted. if a change in the color schema is desired, a color board shall be submitted to the City Planner for review and approval. J 6) This apprbr;,al shall run with the applicar ;' and shall become void upon a change of ownership or i; the bu31ness.operation ceases. 7,) All conditions of approval shall be satisfied within 90- days of th(i approval -a'su---;-ct to extension by the City Planner. Failure to comply Z with Conditions of Approval or applicable City Ordinances may cause ,the suiiansion of the Conditional Use Permit by ;the Planning Commission. $uildina-and 'Safety Division: s ly The following conditions' must be met by September ` 1,;, 1991, unless an extension is granted ,by the Building Officials a. All existing work constructed without permits:;shall be verified. b. The fire sprinkler system shall be extended into new areas so that all areas< are protected. I Plans for 'construction and sprinkler work, proposed or existing without permits, are to, be submitted for �i approval :and � !t permit issuance. _ c. Lighted exit signs shall be installed to t serve the retail area.:', J� d. A fire ` protected corel or shall be installed to an additional eYi* door to proviye a secondary exit from the retail. area. 6. The Secretary to this Commission shall certify to--',the adoption of this.'Aesolution. t PLANNING COMMISSION RESOLUTION N,:q CUP 9I-08 -I MAC IAS- Julr:,24, 1991 Page APPROVED AND ADOPTED THIS 24TH DAY aY JULY 1991. , .PLANNING COMMISSION OF THE CZTX. OF RANCHO CUCAMONGA c .x BYt '. Larry McNiel, Chairman ATTEST: �\ Brad Buller, Secretary \\� ` I, Brad Buller,/,Secretary of the Planning Commission of the City of Rancher Cucamonga,, do hereby certify that the foiregoing Resoluttnn `iYas duly;and regularly introduced, passed, and adopted by;the yPlanning Commi®sion of the City of Rancho 4'•acamonga, at a regular.meeting of'? he Planning Commission held on the 24h-day of July 1991, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:` `~ t r @QTV out DEPARTMENT OF COMMUNITY DEYELOPMENT1 TA D I T I N NUAKu ,. PROJECT#: CC) 0' I — 0$ r; SUBJECT: _DEL. REY TEUfJIs Suos Oilk.'scmnus APPLICANT: KA-,AYUDo 0- yh V IAs LOCATION: _2-711 Mori CoyeT Those items checked are Conditions of V -nval. APPLICANT SHALL.CONTACT THE t "INO]DIVISION, (i 14)M-1661, FOR COMPLIANCE Wil r;THE FOLLOWING,CONDITIf .t. Time Limits . Camyicdan thtr. _. Approval shall expire,unless extended by the Planning Commission,it,building permits are --J--J not issued orapproved use has rnt commenced within 24 mi;nhs from the dataofopproval. Devalopment/Design Review snail be approved prior to_1 4 3.Approval of Tentaat ipg Tract No. granted subjsct to the approval of _{--/_ 4.The devaloPer shall c0mmenrv;;participate in,and Consumnateor Cause tobecommenced, participated in,or cuhsumrnr;.id_a Melki-Boas Community Facilities District(CFI))for the Rancho Cucamonga Fire protection DWriot to finance 00nstructioh and/or maintenance of a fire station to serve the development. The station shall be located,designed,and built to all specifications of the Ratr.ho Cucamonga Fire Protection District,and shall become the District's property upr1h completion. The equipment shall be se!ectsd by the District in accordance with its neeft. In any building of a station,the dev3lop 3r still comply with all applicable laws and regulations.The CFD shall be formed by the DisM and the developer by the time recordation of the final map ocpNs. S. Prior to recordation of the final map or the issuance of building permits, whichever comes 1_ first,the applicant shall consent to, or participate in,the establishment of a Melh+-r�oas Community Facilities District for the L'anstWian and maintenance of necessary school faulities. However,if any school daft has previously established such a Comrnrnity Facilities District,the applicant shall, in the ahemstive,consent to the annexatlr)n of the project site into the territory of vuch existing District prior to the recordation of the fir; zap or the issuance of building permits,whichavar comes flid.Further.H the affected school distrI4 has not formed a!Mello-Roos Commuft. Facilities Dis-tfict within twelve eaonths from the date of approval of the project and priorto the recordation of the final map orissuance of-building permits for said project,this condition shall be deemed rvtlil and void. SC-2/91 — 1 of 12 Pmicct\o.e WF 41-ad c0MRIn +Date.; This condition shall be waived If the City roceives notice that the applicant and all affected school districts have entered into an aggreemrit to privately accommodate any and all school impacts as a result of this project. 6. Prior to recordation of the final map or prior to issuance of building_permits when no map is _/_/ involved,written ceriffication from the affected water district that adequate sewer and water facilities:are or will be available to serve the,proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water dlstrict within 90 days priortofinal map approval inthe case of subdivision orpriorto issuance of permits in the case of a!I other residential,pmjects. B.Site eevetoprti?errt Tica site shall be developed and maintained in acoordance with the approved plans which include site plans, archifectuial elevations,exterior material.5 and colors,landscaping,sign program, and grading on file in the Planning Division,the conditions contained herein Developmant Code regulations,and +he `l ndnsFnk( �h�w Specific Plan,ark AieRmd•(cialmopity. 2. Prior to any use of the protect site or business activi¢;going com=nced thereon, aJ Conditions of Approval shall be completed to the sa+;va ion of the CHy Planner. 3. Occupancy of the facility shall riot corm encr,until such time as all Uniform Building Code and State Fire Marshall's regulations havct babncompiled with. Prior to occupancy,plans shall be submitted to the Rarxho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. d. Revised site plans and building elevations incorporating all Conditions of Approval shall be __/_/,_ submitted for City Planner review aitd approval prior to issuance of building permits. . All site,grading,landscape,irrigation,and riresll, verna:01t,Plans shall be coordin aiM. for ---/--I_ ronsistency prforto issuance of any permits(such as grading,tree rsCwal,encroachment, building,etc.).or prior to final map apprcval in the case of a custom tat subdivision,or approved use has commenced,whicttever comes firvt. �✓6. Approval of this request shall not waive compliance With all sections of the Development Code,all other applirabie City Ordinarims,and applicable Community Plata or_Speeific Plans in effect at the tin'i of Building Permit tssuanoe.; 7. A detailed on-site fighting plan shall be reviewed anti approved by the City P nner and —.!—/_ Sheriff's Department(989.6611)prior to the Issuance of building perm.Ks. Such plan shall indicate style,illumination,Iation,height, and method of shielding so as not to adversely affect adjacent properties. 8. If r►o centralized trash receptacles are provided,all trash pick-up shall be for Individual units _)_a,_/ z° with all receptacles shielded from public view. } w f S. Trash receptacle(s)are r squired and Shall meet City standards. The final design,locations, J—J— and the number of trash receptacles shall be subjeci'to City Planner review and approval prior to issuance of Building permits. 10.All ground-mounted utility appurtenances such as transformers,AC condensers,etc.,shall be located out of public view and adequately screened through the use of a combination of concrete or masonry wails, berming,_andfor landscaping to the satisfaction of the City Planner: SC.2/91 2 0f 12 G — f S-ampietion Date:. it 11.Street names shall be submitted for City Planner review and approval in accordance with I_ the adopted Street Naming Policy prior to approval of the final map. 12.All building numbers and Individual units shallbe Identified in a clear and tortoise manner, Including proper illumination. 13.A detailed plan indicating tail widths,mcximum slopes,physical condWons,fencing,and +/ weed control,in accordance with,City Master Trail drawings,shall be submitted for City Planner review and approval pri-,-:^t approval and recordationof the Final Tract Map and prior to approvalof street Improvement and grading plans.Developershail upgrade andconstract all trails,Including fencing and drainage devices,in conjunction with street Improvements. 14.The Covenants,Conditions and Restrictions(CC&Rs)shall not;�,rohbit the keeping ofequine J_I animalswhere zoning requirements forthe keeping of said animals have been met.individual lotowners in subdivisions shall havethe optionof keepingsaid anirmaiswithout the necessity of appealing to boards of directors or homeowners'associations for amendments to the CC&Rs. 1 15.The Covenants,Conditions,and Restrictions(CC&Rs),and Articles of Incumporation of the _./_.J Homeowners'Association'are subject to the approval of the Planning and Engineering Divisions and the,City Attorney,.They shall be recorded concurrently with the Final Map or prior to the issuance of huidi.rg permits,whichever occurs first.A recorded copy shall be provided to the City Engineer.' V 16.Atlparkways,open areas,and landscaping shall beperrnanentiymairimined bytheproperty owner, homeowners,association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of buildings permits. 17.Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unit shall have the righ;`to receive sunlight across adjacent lots or units for use of a solarenergy system.The ea&,*- entsmay be contained in a Declaration of Restrictions for the subdivision which shall be re.xiided concurrently with the recordation of the final map or issuance of permits,whichever comes first.The easements shall prohibit the casting of shadows by vegetation,structures,fixtures or any other object,except for utility wires and similar objects,pursuant to Development Code Section 17.08.060-G-2. 8.The project contains a designated Historical Landmark. The site shall be developed and _./_/_ maintained in accordance with the Historic Landmark Alteration Permit No. . Any further modifications to the site including,but rot it sited to,exterior alterations and/or interioratterations which affect the exteriornttha buildings orstnlctures,remova!of landmark trees,demolition,reiocatid�, reconstruetlfm i, L.i3i.Ingsor structures,or changes to the site, shall require a moditmcation to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Deglpn -i 1 An aaemative energy system it required to provide dorr.Aic hot water for all dwelling units arid,W,heating;any swimming l or unless other afte ng l� �, matmvva energy systems are demrt:.rated to be of equivalent capacity zrxf efficiency.All swimming pools installed at the time of initial development shall be supplemented wt",solar heating. Detains M-)"be j,• included in the building plans and shall bo submitted for City Planner review and"ap�,w4ai prior to Ithe issuance of building permits. , 2. Ali duw lings shall have the front, side and rear elevations upgraded v n architectural Tom_ treatma,lt,detailing and increased delineation o4 surface treatment subity to City Planner review a-ed approval prior to issuance of building permits. o , SC-2/91 3 or 12 � � C,U12 AI-08 ,u: 3. Standard patio cover plans for use by'.he Homeowners,Association shall be submitted for City Planner and Building Official revie 4 arrd approval prior to issuance of building F,sennits. —4. All roof appurtenances,including air conditioners and other rcoTmour',ed equipment and/or e%J projections,shall be shielded from view and the sound buffered from adjacent proparties and streets as required by the Planning Division. Such screening shall(:* architecturally integrated with the building design and constructed to the satisfaction c,4he City Planner. Details shall be included in building plans: 1) Parking and Vehicular Access(Indicate details an building,plans) 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shalt contain a 12-inch walk adjacent to the parking stall(including curb). 2. Textured pedestrian pathvrays and textured paverneod across circulation aisles,shall be JJ providedthmughouttha.developmenttoconr±ectdweliings/units/brildingswith open spaces/ plazastrecreational uses. 3. All parking spaces shag'be double striped per City standards arid all driveway aisles, entrances,and exits she 4 be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 feet in J---1 depth from back of sidevirafk 5. The Covenants,ConditionsandRestrictionsshallrestrictthestorageofrecreationalvehicles —� on this site unless they are the prin`ipal source of transportation fer the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. - 6. Plans for any security gates shall be submitfasd for the City Planner, City Engineer,and _!_-/ TW — Rancho Cucamonga Fire Protection District reviewandapproval prforto issuance of building permits. E. Landscaping(for publicly maintained landscak aresass,refer to Section N.) i. A delalifled landscape and irrigation plan. ng slope planting and model home lands^ --J--J— Ing in the case of residentiat development, shall be prepared by a licensed landscape architect and submitted for City Planner rgiew and approval priorto the issuance of building pemmrtro,vr prior final map approval in the case of a custom lot subdivision. 2. Existing trees mquitedtobepresswedin�rplsce Shall be protected with baconstntctionbarrier in aocmdance with the Municipal Code S/,*fcn 19.08.110,and so noted onthe grading plans The location of those trees to bejo,.Wen!edinplace andnew locations fortransplantedtrees shall be shown on the detailed landica(je pia u.The applicant shall follow all of the arbodsfs recommendations regarding presery pion,transplanting and!rimming metha d's., a 3. Amin;mumof treespergrossi,wre,comprised of the following sizes,shall beprovided �1_1 within the pro j$ra: %-48.ilrch box or larger, %-36•inch box or larger, %-24--inch box or larger, 15-gallon,and %-5 gation. 4. A miinimurn of of trees p rated within the project shall be specimen size trees _J 24-ir:ch box or larger. .' c ✓5. Within parking lots,trees shalt be pianted at a rate of one 15-gallon tree for every three _,/e./ park s stalls,sufficient to shade 509/6 of the parking area at solar noon on August 21, WIF f SG-2/91 4 of 12 V Qmi"so•CUP A-W ✓^ _ comyletion Due: fi. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building, 7. All private slope banks 6 feet or less In vertical height and of 5:1 orgreater slope.but less than _J—h 211 slope,shall be,at minimum,imrfated 21.1 landscaped with appropriate ground coverfti- erosion control.Slope planting required by-bits section shall include a permanent irrigation . system to be installed by the developer prior to occupancy. B. All private slopes in excess of6feet,butlessthan8feet In vertical height and of2:lorgreater ��— slope shall be landscaped and irrigated for erosion control and to soffentheir appearance as follows:one 15-gallon or larger size tree per each 150 sq.ft.of slope area l-gallon or larger size shrub pereach 100 sq.ft.of slope area,and aKropriate ground cover.in addition,slope banks in excess of 8 feet in vertical height and of 2•1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq.ft.of slope area.Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane.Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. S. For single family residential development,all slope'planting and irrigation shall be continu- ously maintained Ina heafthyand thriving condition bythe developerUrdliGach Individualunif ;c is sold and occupied by the buyer,Priorto releasing oocupancy for those units,aninspection shall be conducted by the Planning Division to dek'nine that They are in satisfactory aandition. 10.For muffinfamily residential and non-residential development,property owners are respon- sible for the continual maintenance of all landscaped areas on-site,as well as contiguous planted areas within the public right-of-way. All landscaped areas shalt be kept free from weeds and debris and maintained In a healthy and thriving condition, and shall receive regular pruning, fertilizing,mowing, and trimming. Any damaged,dead,diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 11.Front yard landscaping shall be required per the Development Code and!or l� street trees and slope planting. This requirement shall be in addition to the required 12.The final design of the perlir►e:er parkways,walls,landscaping,and sidewalks shall be it cluded in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistencywith any parkway landscapingptanwhichmaybe required by the Engineering Division. 13.S(>eraal'�andsGape features such as rrwundrry„i;alluvial r ock,specimen size trees,meander- ing sidewalks(with horizontal change),arsd tntensitred iandscaphv,is required along ` 14.Landscaping and irrigation tYr.ew.srequired to be instaliedwithinthe public right-of-way on the perimeter of this RrojeC area shalt be cortinuousl-;maintalned by the developer. 4 r✓ 1 S.All walls shall be provicled with clecorative treatment.if located In public maintenance areas,- _J i the design strait be coordinated with the Engineering Division. 16.Tree maintenance criteria shalt be enveloped and submitted for City Planner review and _/ approval aror to issuance of building permits. 'These criteria shall encourage the natural growth characteristics of the-selected tree species. 17.Landscaping and irrigation shalt be designed to conserve watbr through the principles of Xedscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. SC-2/91 5 oP 12 i P.iw-,.,4VF'611'06 F.Signs ca,leam Daw 1. The signs indicated on the submitted plans are conceptual only and not apart ofthisapproval. Any signs proposed for this deviilopment shall comply with the Sign Ordinance and shallMll require ser -%e_application and approval by the Planning Division priorto installation of any;. ", IMF signs. < , 2. A Uniform Sign Program forthis development shall be submitted for City Planner reviewand approval prior to issuance of building permits. 3. Directory monument sign(s)Call be provided for apartment,condominium,or town°tomss prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G.Envik"rmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project In a standard format as determined by the City Planner,priorto accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the City Adopted --1-- Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner,prior to accepting a cash deposit on any property. 3. The developer hall provide each prospective buyer wrtten:notice of the Foow.lil FrCeway project in a standard fonnat as determined by the City Planner,prior to at�epting&`cash deposit on any property. 4. A final acoustical report shall be submitted forCit*j Planner review and approval prior to the _ Issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45CNEL,the buNdingmatedaband construction techniques provided, and if appropriate,verify the adequacy of the mitigation measures.The building plans will be checked for conformance with the rvftigation measures contained in the final report. H.Other Agencies provided inaccordancewlthRanctioCucamo Cucamonga 1. En1�roQncyseoondaryaa:asssiailbe n9 Proft,eon District Standards,. 2. Emergency access shall be provided,maintenance free and clear,a minimum of26 feet wide �— at all times during construction in accordance with Rancho Cucamonga Fire Protection District requirements. 3. Prior to issuance of building permits for combustibt construction, evidence shall be _/_/ submitted to the RanclloCucamonga Fire Protection District that temporary water supply for fire protection is available,pending completion of required fire protection system. i 4. The applicant shall contact the U.S.Postal Service to determine the appropriate type and location of mail boxes.Multi-famly residential developments shall provide a solid overhead structure for it ma boxes with adequate lighting.The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building pennifs, 5. For projects using septic tank facilities,written certification of acceptability,including all J� supportive information,shall be obtained from the San Bernardino County,Department of Environmental Health and submitted to the Building Off icial'prior to the issuance of Septic Tank Permits,and prier to issuance of building permits. SC-2/91 6 of 12 61 Proia�\o-GUt° fl1-d8 QMP APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989.1883, FOR COMPLiANCE WITH THE FOLLOWING CONDITIONS: Site Development �1. The applicant shall cernplywith the latest adopted Uniform Building 6iVe,Untfonn4ani- _-J-_/— Cal Code,Uniform Plumbing Cade,National Electric Code,and all otf,tmrapplicable codes, ordinances,and regulations in effect at the time of issuance of relaWa permits. Please Contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 2. Prior to fssuance of building permits fora new residential dwrelling unit(s)or major addition -J--J--- toexistingunit(s),the applicant shall paydevelopmentfeesat the established rate.Suchtees may Include,but are not limited to:CAy Beautification Fee,Park Fee,Drainage Fee,Systems Development Fae,Permit and Plan Checking Fees,and School Fees. 3. Prior to issuance of building permits for a hew commercial or industrial developmew''or _/—— addition to an existing development, the applicant shall pay development fees at the established rate. Sdeh fees may include, are not limited to:Systems Deveapment Fee, Drainage Fee,Schc;'tl Fees,Permit and Plan Checking Fees: 4. Street addresses shai.,,`be proMed by the Building offW1,aftertracttparcel map recordation and prlor't-;nuance of wilding permits. J.Existing Structures �1. Provide compliance with the Uniform Building for the Code progeny line Clearances --J._,./_ considering use,area,and fire-resistiveness of existing buildings. 1 ✓ 2. Existing buildings shall be made to comply with correct buildin g and zor..i r regulations fc r _/_!_ I� the intended use or the building shall be demolished. � ! 3. Existingdiand/or sewage 9 disposal facilities shall be removed,fitted arxi/orcapped to comply with thi t Uniform Plumbing Code and Uniform Building Code: Ij 4. Underground on-site utilities are`to b6 located and shown on building building permit application. plans submitted#ar _/ � K.,Grading Grading of the subject property shall be in accordance with the Uniform Eluikiing Code,City {--�— Grading Standards,and accepted grading practices.The final grading plan shall be in substantial confornince with the approved grading plan. �l\ 2. A sails reportshall b6 prepared by a qualified engineer licensed by the StataM California to wionn stxh work. 3. The development is located within the soil erosion control boundaries;a Soil Disturbance __-/_I \`_ Psrmf 4j required.Please contact San Bernardino County Departmsnt of Agriculture a!(714) 387-21]l for permit application.Documentation of such permit shall be submitted%o the City prior to the issuance of rough grading pernth., 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time time of application for grading plan check. 5. The final grading plans shall be conmieted and approved priorto issuance of building parmits. —/—J SC-2/91 7 of 12 lti Compledon Date!. 6. Asa custom-lot subdivision,the following requirements shall be met: a.Surety shall be posted and an agreement executed guaranteeing completion of all on-site ->--� drainage facilities necessary(for dewatering all parcels to the satisfaction of the Building and Safety Division priorto 9inal map approval and priorto the issuance of grading permits. b.Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels,are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building'permits. c.On-site drainage Improvements,necessary ior dewatering and protecting the subdivided properties,are to be installed prior to issur building permits for construction upon any parcel that may be subject to drainage flak.,entering, leaving,or within a parcel relative to which a building perm is requested. d.Flnai grading plans for each parcel are to be submitted to the Building and Safety 1. __ Division for approval priorto issuance of building and grazing perrnits.(This may be onan incremental or composite basis.) e.All slope banks in excess of 5 feet in vertices helght\o�tailee seeded with native grasses J_J— orplantedwlhgmundeovarforemsioncontrdfupor brniAetionof grading at some other alternative method of erosion control shall be compiefWz tb thi satisfaction Wlhe Building Official.In addiction a permanent irrigation system 0111 be piavided. This requirement does not release the appticarrUdeveloper from compliance with the skr'pe planting requirements of Section 17.08.0401 of the Developmant Code. APPLICANT SHALL CONTAt TTHE ENGINEERING DIVISION, (714)989-i662,FOR COMPLIANCE WiTH THE FOLLOWING CONDITIONS: Aft L.Dedication and vehicular Aoseffia 1.Rights-of-way and easements shall be dedicated to the City for all interior pudic;streets, —l_/ community trails,public paseos,public landscape areas,streC,,trees,and pubs,`drainage facilities as shown on plans and/or tentative map. Private easements for non-public faciiifles(cross-lot drainage,local feedertrails,etc.)shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rigIss-of-way on the perimeter streets —�-J- (measured from streat centerline): total feet on =1� total feet on total feet on total feet an 3. An irrevocable offer of dedication for--foot wide roadway easement shall be made —/J for all private streets or drives. 4. Non-vehicular access shall be dedicated to the City for the following streets: AML 5. Reciprocal access easements shall be provided ensuringaccess to all parcels b CC&Rs _/.r/ P Y or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits,where no map is involved. sc-21et Sorb I Pro,etY No.:Gtlld Ai-OE;. 6. Private drainage easements for cross-lot drainages shallbe delineated I Completion Date, or noted on the final map. 7. The final map shall clearly delineate a 10-foot minimum building restriction area on the JJ _ neighboring lot adjoining the zero lot line wail and contain the following language, TWO heresy dedicate to the City of Rancho Cucamonga the right to prohibit the construction.of(residential)buildings(or otherstruetures)within these areas designated onMe map as building restriction areas." A maintenance agreement shall also be granted from each lotto theadjacent lot through the CC&R's. 8. All existing easements lying within futuredghts-ot-way shall beguit6m!aedor delineated on .J__/ the final map. ; 9, Easements for public sidewaicts anfJor street trees placed outside tice pubBc right-of-way shall be dedicated to the Cite wherever they encroach onto private property. 10.Additional street dght-of-way shall be dedicated along right turn!anes,to provide aminimum of 7 feet measured from: !a_ curbs.1 curb adjacent sidb,yalk is used along the right turn lane,a parallel street tree maintenance easement shall be provided. 11 The develo rshatimakea pe goodfaitheitorttoaccluiretherequiredoff-stte property Interests _J_/ necessary to construct the required public improvements,anc-wfie/she should fail to do so, the developer shall,at least 120 days prior to submittal of the trial map for approval,enter into an agreement to complete the improvements pursuant to Goverment Code Section 66462 at such time as the City acquires the property interests required iortheimprovements. Such agreement shall provide for payment by the developerof all costs Incurred by the City to acquia the off-site property interests required in connection with the subdivision.Security. ror a portion of these costs shall be in the tort of a cash deposit in the amount given in an appraisal report obtained by the developer,at developer's cost.The appraiser shall have beon approved by the Cifyprior to commencement of the appraisal. M.Street improvements 1. Ali public improvements(interior stree's,d±alnage facii?ties,community paseos, JJ landscaped areas,etc.)shown on the p6'_'�r br tentative map shall" constructed to City Standards. Interior street iunprovements sha0 Include,but are not limited to,curb and gutter,AC pavement;drive approaches,sidewalks,street lights,and street trees. 2. N rninlmum of 26•foot wide pavement,WdWn a 40-tootwide dedicated right-of-way shall be constructed for all half-section streets. - 3. Construct the following perimeter street imnrkwerriOnts including,but not limited to: t ,i SMET NAME CURB& A.C. S@E: DRI\IMM iS1REET STREET comm.MEDLO GUTTER FvmT wArx APPR` 1 c;= TREm TRAIL ISLAND OTHER f !L, SC-2/9 t 9 of 12 P mn Vs..:Gop A km Notes: (a)Median island`-nclu'!es landscaping Irrigation co,Ri"a'Dste: rrigation an meter. (b}Pavement. reconstruction and overlays wtii be determined during plan check. (c)It so marker!,side- walk shall be curvilinear perSTD.304. (d)If so marked,an in-lieu of construction fee shall be provided for this item. _4. improvement plans and construction a. Street improvement plans Including street trees and street lights,prepared by a eegis- JJ tered Civil Engineer,shad be submitted to and approved by the City Eng',heer.Security shall be posted and an a po _ agreement executed to the satisfaction of the City Engineer aril the City Attorney W anteeing completion of the public andfor private street improve- ments,priorto final snap approval orthe issuance of building permits,whicheveroccurs first. b. Pr to any work being performed In public right-of-way,fees shall be paid and a !_l— c ior nstruction permit shall be,obtained from the City Engineer's Office in addition to any otM1r permits required. C. Pavement striping,marking,traffic,s Beet name signing,and Interconnect conduit shall be installed to the satislaction of the City Engineer. d. Signal conduftwith pull boxes shall be Installeclon any new construction orreconstnil.ion of major,secondary orcolkWor streets which intersectwith other major,secondaty or collector streets for future traffic signals.Pull boxes shall be placed on both sides of the street at 3 feet outside of SCR,ECR or any other locations approved by the City Engineer. Notes: (1)Al pull boxes shall be No.6 unless otherwise specified by the City Engineor. (2)ConduFt shall be 3-inch galvanized steel with pulfrops e. Wheel chair ramps shall be Installed on all four comers of irttersections per City —r=�— Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traftle at all times with _C adequate detoursduringconstruction.Astres':e*sure permit may be required.Acash deposit shalt be provided to cover the cost%5f grading and paving, which shaft be refunded upon completion of the constructio'-.to the satisfaction of the City Engineer. g. Concentrated drainage flows shag not cross sidewalks.Under sidewalk drains shall be _J__J_ instaNed to City Standard,.;a cept for single ll tmlly lots - h. Handicap access ramp design shall be as s<vdffed by the City Engineer, I. Street names shall beappovedby the City Piannerpriorto submittal for first plan check. S.Street Improvement plans per City-Standards for all private streets shall beprovidcd for review and approval by the City Engineer. Prior to any work being performed on thr"pri- vate streets, fees shall be paid and construction perits shall be obtained from th6`City y Engineer's Office In addition to any other permits required. 6.Street Yeas,a minimum of 15-gallon size or larger,shall be Installed per City Standards in accordmnw_.with the Cfty's street tree program aj SC—2/91 10ar12 ;i r�o. ccaar-v�, 7.Intersection line of site designs shall be.reviewed by the City Engineer for conformance with c«�d�da,big adopted policy, a. On collector or larger streets,lines of sight shall be plotted for all project intersections, —J including driveways.Watts,signs,and slopes shalt be located outside the lines of sight. = Landscaping and other obstructions within the lines of sight shall be approved by the City Engineer. b. Local residential street intersections shall have their noticeability improved,usually by J 1� movingthe 2+f-closest street trees on each side awayfromthe street and placed in a street tree easement. 8.A permit shall be obtained from CALTRANS for anywork within the following right-of-way: 8.All puhtIC improvements on the following streets shall be operationally complete prior to the -1--1-- issuance of building permits; N.Public Maintenance dress t.A separate set of landscape and Irrigation plans per Engineering Public Works Standards —�--I shalt be submitted to the City Engineer for review and approval prior to final map Roproval or issuance of building permits,whichever occurs first.The lowing landscape;parkways, medians,paseos,easements, traits,or ogler areas are required to be annexed 1`o the La,-)dscape Maintenance District: 2.A:signed consent and w&er form tojoinandlorform the appropruQaiandscal:ie and Lighting Districts shall be filedwith the City Engines-.priorto final map approval or Issuance of building permits whichever occurs first.Formation costs shalt be borne t* t1he developer, 3.All required public landscaping and Irrigation system shatibe continuously maintained bythe developer until accepted by the Co. 4.Parkway fandscap n wthe following streal(s)shalt c onformto the results of the respecdive Beautification Master Plan: 0.Drainage and Flood Control 1. The project(or portions thereofl Is located within a Flood Hazard Zone:therefore,flood �---�-- protection measures shall be provided as certtrea by a registered Civil Engineer and aporoved by the City Engineer, 2.It shall be tare developers responsibility to have the c urreird FIRM Zone designation removed from fhe project area.,The developers engInoer shall prepare ali necessary reports,piers,and fridrologivhydrautic calculations.A Conditional Letter of Map Revision(CLOMR)shall be obtained from FEMA prior to`+final neap approval or issuance of building permits,whichever accuil brat.A Letter of Map Revisloa(LOMR)shall be Issued by FLMA prior to occupancy or improvernerd acceptance,whichever occurs first. 1/11116 3.A final drainage study shall be submitted to and approved bytite City Engineer prior rofinal map approval or the issuance of building pemnits,whicheveroccurs first. All drainage facilities stall be installed as required by City Engineer'. sc-a/sr 11or12- �� r >. p�ixtyo.:GUP�fMU6= 4.A permit from the Countrflood Controt District is required for work within itsright-ot•way, Candetim D,u: S.Tress are prohibited within 5 feet of the outside diameter of any public storm drainpipe measured from the outer edge of a mature tree trunk s.Public storm drain easements shall be graded to convey overflows in the event of a .i-- �-- blockage in a sump catch basin on the public street. P.Utilities 1.Provide se r. paste utgity services to each parcel including sanitary sewerage system,wate� gas,electric power,telephane,andcabisl'1/(ail onos(ground)to accordsivewith the Utiiity Standards.Easements shall be provided as required. 2-The developer shad be responsible for the relocation of wdsting utilifle as ne.assary. �f 3.Watr and sewer plans shall be designed and constructed to most,he requirements of the --j--. Cucamonga County Water District(CCWD),Rancho Cucamonga Fire Prnte^ilork District, and the Environmental Health Department of the County of SO Bemardfno.A later of compliance from theCGWD Is required pdorto final map approval or Issuance at permits, whichever occurs ffmt. 0.General Requirements and Approvals 1.The separate parcels contained wittWt the project boundaries shall be legally combined into --}--�--- one parcel prior to iasuanceof brim- permits. 2.An easement for a joint use driveway shall be prov;W prior to final map approval or __l_.___r Issuance of building penTft.whU*ver occurs first,for. 3.Prior to approval of the final aggro map a deposit shall be posted with the City covering the , estimated cost of apportioning the assessmenb=under Assessment District among the newly treated parcalj:\, 4.EttwandarSan Sevalne Area Regional Mainline,Secondary Regional,and Master Plan __I_J____ Drainage Fees shall be paid priorto final map approval orprior to building permit issuance if no map is Involved. l 5.Permits shag be obtained from the rowing aplenalas forwork within!heir rVed-of-way: J_J,*... 6.A signed consent and waiver fort to join and/or form the Law Enforcement Communtly _J__J Faciliities flies shag be filer_4 h the Cuyy i nglm4rprior to final map approval or the Issuance of building permits,whichever occurs flat.:�rmation costs shag be borne by the. Developer. 7.Frior to finalization of any development phase,su!iiC3ent hvpmet,ent pis shall be com- pleted beyond the 0,ass boundari stoassurasitcondarysRxessanddrainageprotectiontto the satisfaction of the City Engineer.Phase boundaries shall correspond to lot tines shown on the approved tentative map. sr.;-2j91 12ot13 r 'CITY OF RANCHO CUCAMONGA STAB REPORT DATE: July 24, 1991Y TO: Chairman and Membersof the, Planning Commission FROM: Brad Buller,,'City Planner BY: Steven Ross, Assistant Planner, Ii SUBJECT: CONDITICNAL USE PERMIT 91-23 ASPEN MEDICAL GROUP W,Vhe request te. allow a mobile CAT scanner trailer to operate' t within the parking lot ,of an existing office complex on 1.57" acres of land in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan located at 10837 _Laurel Street --APN: 208-352-16. I. PROJECT AND SITE DESCRIPTION: ; A* Action Requested: Approval of a Conditional Use Permit to allow a mobile CAT scanner_trailer to operate 'within the. parking lot of an existing ofkJce complex. ' B. Applicable Reavlations: I, The Development Code allows temporary office module~ subject to the approval of a Conditional Use Permit, but is does not.aedress mobile off ce trailers of this type. However, based on the functional similarities, staff has determined that a Conditional Use Permit-is required"for the operation of this type £ t=ailer. C. Surrounding Land Use and Zoning,: ^1' North Vacant;r Industrial ?ark, Industrial Area Specific Plan, Subarea 7 South - 'Office; Industrial Park, Industrial Area Specific Plan, Subarea 7 East - 'Vacantj Industrial Park, Induitrial Area Specific Plan, Subarea 7 West - Foothill Com %xnities Law . & Justice Centors industrial .Park, Industrial, Area Specific Plan, Subarea 7 D. .General Plan Designations: Project Site Industrial Park North Industrial Park South Industrial Park East Industrial'-Park West Industrial 'Park E. Site Characteristics: The, site is an existing office pack consirsting of five office bulldings: totaling 97,800 feet with.438 parking stalaa and landscaping. _ r ITs�e! ft 1 -w- ` Il J PLANNING C3101ISSI9N STAFF REPORT CUP 91-23 - ASPEN MEDICAL GROUP July 24, 1991 Page 2 F. Parking Calculations: Number:of 'Number of Type Square Parking spaces Spaces ti F cs Use Footage Ratio Required Provided r Mobile Office 288 1/200 1_ 2 Parkin} for lF Truck & Trailet 1/200- 7 7 'J ( Existing Medical -ttf Office 23,890; 1/200 120 120 Office 72,196 1/250 289 314 TOTAL 9by088 411 443 Although'sufficient parkiu(`l e,.AAS for the remainder of the Laurel Aspen center to be cc;�upied by office uses at the 1:250 ratio, it would not allow all of. the remaining floor area to be occupied by medic.. users at the more intense 1:200 ra The proposed CT scanner would reduce the amount of leasable'medical space by 1,800 square feet. II. ANALYSIS; A. General: In June 1991, the operator was contacted by Code Affik Enforcetant staff becaues the truck/trailer,`was being parked on Laurel Street. The applicant, Aspen Medical Group, then Vegan operW.ng a mouiie CT (or CAT) scanner in,the parking Tot at the Laurel Aspen Executive office Park. ,Staff informed the applicant that approval,)f: a Conditional Use Permit would be required to legalize the use and an application was promptly received by the Planning Division. ' This mobile 'CT scanner provides diagnostic services to I patients at satellite clinics in Apple Valley and Temecula in addition to the Rancho Cucamonga location. It :may also be aervicing• a Sai'Bernardino location.in,ttl,� near future. In �. the application, the applicant stated that `the medical clinic does not have the staffing, 'patient volumer space, or funds for each clinic to have its own dedicated unit tree Exhibit > aA-2").: For these reasonsr,a mobile unit is the most cost effective method of prcvid tg the CI scanning service to> patients. The proposed 'hours of operation. for the..-8-foot by 36-foot trailer are-Monday through Thursdayr 7:30 a.m. to 4:30, p.m. .. The trailer occupies six parking:p,=ces located on the north y4 side of tho Red Oak Street entEance.' Stairs and a wheelr%air lift _face toward the partinj lot and the medical building. The truck required to -t the trailer occupies one ' F additional parking spa= e. PLANNING COMMISelON`•STAFF,REPORT CUP 91-23 ASPEN MEDICAL GROUP � July 24, 19,91 Page 3 1. Issues; The'"primary concern with the proposal is allowing the use of a mobile.trailer;within a developed'office park on an essentially permanent hasps.: The Industrial 'Specific Plan,"- requires.that "all .business aiid manufacturing operations shall be conducted within an enclosed building unless specifically -: $ permitted 'an(I adequately screened from public view." Also, Section 17.1G:030.of the Development'tode requires that of;^ice modules "have• a -look of permanence, is much, as practicably." This shall include such things as soreening': temp oraiy':-ti� foundations and utility equipment, and Using overhangs, walkways, and stepped roofs to mitigate the temporary appearance-" Given the') nature of the mobile trailer, the criteria 'applied to temporary• office modules cannot --be applied. L There are.'.two other mobile scanner locations wiV;hin the City. Both `locations were C specifically designed to accommodate this ;type of truck/trailer and were approved,by tho Commission- Both locations are used exclusively for the mobile seamier trunk/trailer and are not used;at any time for normal parking. One is located on the r'`rth side of the Rancho San Antonio Hospital and the other'ze So a bed on the east side of the Grove Medical Center. In the Rr. cho'San .Antonio Hospital` example, the parking area is partially screened from Church Street"by a 3-foot, 4-inch retaining wall and landscaping. Presently, there<�s a 3-foot high shrub 'row and trees screening the, parking lot at Laurel Aspen' Center which do not cdmplately screen the trailer." The parking lot at the Laurel Aspen Center could. be modified to provide additional scieeniag similar to the Rancho '-i Antonio ffospita,%site. However, modification of the parking area to accommodate a retaining Wall or landscaping on the norhh aide -II of:,,the trailer would increas e the difficulty of maneuvering the'`trailer, and it would also preclude using thoss parking spact�s when the trailer was not.•there C. Conclusion:_ Thom CT scanner is a vital;diagnostic tool which 4' provides necessary . medical care to v patients in Rancho Cucamonga. Because the cost of ;an individual CT scanner prohibits the acquisition of a permanent unit !or use within the medical building, a mobile unit is the only cost effective way,or providing the service. Staff' suctgesbs that the use be permitted provided that additional trees be planted on the south and east aides of the trailer to screen ii from-Red Oak Street. III- FACTS FOR FSIDINGS: T1}e Commission must afake all of the following findings in order to approve this application: tit PLANNING COMMISSION STAFF REPORT CUP 91-23 -.ASPEN MEDICAL GROUP July 24, 1941' - Paged A. That the,proposed uae is in accord with the'General::Plain the objectives;,of the Development Code,-and the purposes of the Industrial Area Specific. Plan subarea in which the site is located. B. That the proposed;use will not''be detrimental to the public health, safety, or welfare or materially, injurious to properties or improvements in the vicinity. C. 'That the proposed:Iuve complies with each of the applicable prrvisiors of the' Area Specific Plats. �. IV. CORRESPONDENM: ,Thii item hae been advertised as a public hearing ; in the Inland Valley Daii_y Bulletin.newspaperr the property has been posted, and notices were sent to all property owners withiny 300 feet of the project".`` Y: V. RECO-MENDATrON: Staff recommends thatNif the 'Planning Commigsion can make the required findings, it should approve Conditional Use Permit 91-23 through adoption of,,the 'attachedResolution' of ,l approval r' - Respec ly sun > ed, /Brac,.,�,?, ihar mty ,.inner !i BBcS,1Vjfs Attachmentee Exhibit "A" - Zetter from Applicant Exhibit "B" - Location Map Exhibit "C" - Site Plan Exhibit "D" - Trailer Elevations Resolution of Approval 77 Aft 6L rti. ASPEN MEDICAL CROUP 10837LAUREL STREET RANCHO CliCAMONGA,CA 91730 (714)944-6300 HEFT TO: City of Rancho Cucamonga, FROM: Aspen.Medical Group SUBJECT: Conditional Use Permit DATEs 5-22-91 The fa]lowing is my request for Conditicnal Use Permit. 3•.would.like to park MY CAT 'scanner-mobile unit in the parking lot of Aspen Medical Group. Thi:ts CT scanrar: meawares S' x'36'. :The hoylrs of operation are Monday through Thursday, 7,30 a.m. until 4s36 r.a. Most of the cases are performed before 4 p.m. This CT scanner is used as a diagnostic tool to detect anatomical abnormalities_often missed in plain.diagnostia exam.,There are two employees in the mobile.unit. The radiological technologist and the patient ccordinator. The radiologist often visits the unit to view and monitor the examination progress. V\ r -, ITFM: CUP q1-2 3 CITY OF i3A'N _CUCAMONGA TITLE: l eOw fii� Avhca PLANNING- DIVISION EXHIBIT.A SCALE: is Clfv nr 11PV'n + ASPEN DIAGNOSTIC MEDICAL_CENTER 10837 Laurel,i�treet, 0103 JUN 12r Rancho Cucamonga, CA. '=91730 (71A) 941-9600 1L �t�t�tl�tttt�)�tt�t4a5i� , 3 18 June, 1991 Steven Ross, Assistant Planner city of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA. - 91730 Dear Mr.. Ross This is the additional information you requested for `the' J conditional uee permit `pertaink g to our mobile ",T scanner., Aspen Medical Group is owned by Pacific -Phyri clan Services (PPS). PPS is a managed care 'institstidii that' owna several clinics in the San Bernardino area. Mobile CT scanner services is the way to ,go for usr,'since we can provAde better patient`car*�, especially for the ser,,br patients who often have transportation,needs. Presently, the CT scanner Is pr'n ,iding services ate,-Appley valley, Temecula, and of course here at Aspen. In the near future, it will also be servicing San Bernaxdino. In addition to patient care, we do not have the radiologists staffing, the patient volume,; or the space to 'putl'IIin a dedicated unit at each satellite clinic. ' This is not to mention the astrorbmical funds needed for tht' installation and operation of a dedicated unit. Our goal is to offer high g,;ality patient care-; in a Scost effective ways` I hope/this information will be of help tr'yo'u. If you need additional information, please contact me,� 'Sincerely, C-12T'e-171-l�-1' Nelson Pere , iolog1`,lManager Aspen Diagnostic Imaglncj PiEK QP 2)-23 CITY OF PULNCI=0 CUCAMON Gig TTrLE: .J��✓ rap A► tad PLANNING, DWISION � f,. �: +<< Exsrr:A`Z sea I.E. r L.A,u a ,ar 06r its&T 22 Cat UU r � TMUE,c Loc�r�ou IA •r � w SITE eaA Ew OWMAT Ws "iT e o• ITEM: d11-2-3 OF R T 3: UCAMONOA 'Cl'I7.E: LOG:trlom M'a%* PLAID&IN I SION va `` EXHIBIT: SCALE, O c% v f - N ® Q a Alft U; c Q -u ASPEN MEDICAL GROUP 10837 LAUREL STREET t RANCHO CUCAMONGA,CA 91730 (714)944-6300 �T> �. r. lJ AIN qpR k. ITEM: GUP 41-Z3 CITY OF RANCffO CUCAMONGA TITLE: Taa� -' r,arx PLANNING DIVISION �� EXHIBiT.0-1 SCALE: �' l ... ��� 1�:: 4;x J , � y� ,;H A'N ;'4 w� +s:;� 'i � k5� y.� 2" ��t ��: d �'�� � F, S- } FY�� f :<r 1 44 '�'�' `-. u 4 a i � 4' ` ..�!�f .. ` ``+t �,.�a- �.t y.. f ��yn N • � • - 'u RESOLUTION NO. Et A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, I'CALIFORNIA, APPROVING- CONDITIONAL USE PERMIT NO. 91-23 TO ALLOW A MOBILE CAT SCANNER TRAILER *0 OPERATE WITHIN TFE PARKING LOT OF AN EXISTING OFFICE `! COMPLEX IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 10837 LAUREL STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208- 352-16 )t 11 cif A. Recitals. (I) Aspen Hsdical Gxbup has filed an application for the;issuance of Conditional Use Permit. No. 91-23 as described in the title of this- Resolution. Hereinafter in this Resolution, the subject 7pnditional Use Permit request i ~referred to as "the application." (ii) in the 24th day of July 1992, the Planning Commission of_the (f City of -Rancho Cucamonga conducted a duly noticed public hearing on the \� application and concluded said hearing on that date. J (III) All legs{, ,prerequisites prior to the adoption Of this Resolution have occurred. - r, 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 tale Resolution are true andtco,'�rect. 2. Based upon substantial evidence. presented to thf6' Commission during the above-referenced public hearing on July 24,, 1991, including written and oral staff reports, together with public testimony, this commission hereby specifically finds as follows: (a) The application applies to property located a1. ,A0837 Laurel Street, bounded by.Laurel Street, Aspen Avenue, and Red Oak Str4q!, and is presently improved with an 'existing office complex and parking lot; and (b) The properties to the north and east of the subject site are vacant, the property to the south of that site consists of office buildings, and the property to the west is the Foothill Communities Law,and Justice Center; and (c) The application contemplates the parking of a tsK}ckjtzailer, approximately 8 feet by 36 feet, within the parking lot on - Monday thftugh Thursday, 7:30 a.m. to-4:30 p.m.; and (d)' The trailer would require six parking spaces, and I ' 4 PLANNING COMMISSION RESOLUTION NO. CUP 91-23 - ASPEN MEDICAL GROUP I i July 24, 1991 Page 2 I (a) The CT (or Ct,T� scanner is a vital diagnostic tool which provides necessary medical care to patients in'Rencho Cucamongr.. (f) Because the cost of an individual CT scanner prohibits the acquisition o��,a permanent unit for use within the medical building, a mobile unit is the only cost-effective way of providing the serVice. 3. Based upon the substantial evidence presented to'thiB,Commission during the above-referenced public hearing and upon t}e specifir, 4Indings of facts set forth in paragraphs land 2 above, this, Commission hereby;finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the object;--es 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 welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with eacr.,di applicable provisions of the Development Code. 4. Based upon the findings-mod conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every�onditk`z not forth below. 1) Additional trees shall be planted on the south and seat aides of the trailer in order to screen It from Red Oak Street to the satisfaction of the City Planner. 2) A Landscape ,-.,an shall be submitted to the City Planner within .30 days and said trees plFAted within 60 days. S. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPVD THIS 24TH DAY OF JULY 1991. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman' ATTEST: Brad Buller, Secretary I "r PLANNING COMMISSION RESOLUTION NO', CUP 91-23 - ASPEN MEDICAL GROUP July 24, 1991 _ Page 3 el 1, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution. was duiy and regularly introduced, passed, and adopted by the Planning Commission of the J City of Rancho C4eamonga, at a regular meeting of the Planning Commission,'ield on the 24th day of July 1991, by the following vote-to-wit: t't. AYESz COMMISSIONERS: NOES: COMMISSIONERSz ABSENT: COMMISSIONERS: y rl - n ':5 JAMBOREE FEAR- 7m e A JAMPMMEE . ram ---' ALTY CORP. _ ftperty Management.Immmants Lr PAM VIA FAX July 23, 1991 _ Steven Ross Assistant Hamer Me City of Rancho Ciucmwp 10500 Civic Center Drive - P.O. Box 807 Rancho Cacamanp, CA 91729 CZ-ZITI,�Q USE PMMT APPLICAdICK #91-23 Dear W. Rosa: The Board of Directors of the Laurel Asps fteeutive Office Park Owners Association, t+hiclt controls the use of i j Property gV110able to this CUP, has directed me,, as their manspr, to advise all interested parties that the Me applied for under this application is not allowed trader,the Aaso^iation'c OCaR's and bylm. Sincerely;., 7erryv M4LTi�I 1, CEM � f1 r.� ' 4350 Von Karman,Susie 240.Newport Beach,CA g`sao Phone(714)47S-W77 T618W 1714,1 r76.3829 � CE'iTIFiED PROFSATY MA iAtiERs ACCRENT,W MANAGEMENT ogGANizom SNc :3 e, t RECEIVED — i CITY OF RANCHO CUCAMONGA PLANN)WG DIVISION Ju;: I a 19G1AU ,..y Fr?C I 70011111-401112181415j6 RCI Contractors, J A Cai,frrma 1:m¢wi o rtnetsh;p July 17, 1991 'v City of Rancho Cucamonga Planning Department (i P.O.Box 807 City of Rancho Cucamonga, CA 91729 Attention: Mr.`Steve Ross RE: Conditional Use Permit 91-23-Aspen Medical Group Dear Mr.Ross, Further to our recent telephone conversation,I am w�ting tc ou on behalf of the owners cf 10737 Laurel Street and 8265 Aspen Avenue to,exbress their concern over the above referenced application. 1' Whey had originally purchased three parc7"is of land* (legal description listed bc`' )with the plans and permits in place te-construct a building on gvcc`h parcel. Only two'of the three buildings were actually built with the third parcel being graded and paved for parking with the intent of either, 1)._ Applying for a conditional use permit to allow 8265 Aspen Avenue to be used for medical purposes for.which the extras parking wcpld be required.' (The building has rece tly been completed and has not yet been leased outa.2). Leasing up the bye existing buildings (recently completed) and then as the market improve A, 1 building and leasing the thirCi Ouilding which would require th-, existing parking area - -If the conditional use permit applied for by the Aspen Medical Group is approved it is -ely that neither of the above alternatives;wiL be approved by the City of Rancho r4camonga. With this in min "we urge you not to`approve the request for a��dinanal Use; f rmit 91-23-Aspen Medical coup. Ott `\ rs f1 Resideniwl,Commercta1;Industrial-t otractus ° tulle!%lrorw_fd 92714 Fhcne 714 di6.0491-FAX 114 476.4312 0; Page Tw%ontinued `\ July 17, 1991 ell �3 Further to the'reasons listed above, the majority of the Uur� c"k Aspen Executive Office; Park Owners Association are against:this Conditional Use Permit and have agreed to _ change the Bylaws of the Association as to disallow any"oversize"vehicles to park in the parking lot or for any vehicle to remain in the parking lot"overnight Approval of:he proposed Conditional Use Permit would directly violate the revised bylaws of the Association which will be approved at the next Association meeting. Please do not hesitate to contact me at 714475-0491 if you have any questions or would Eke tr,;discuss this matter further: Si rely, Patrick Morrill Project Manager RCI Contractors d Plvtag y .. *Parcels 1, 5, and 6 of Parcel Map No 9103 in the,City of Rancho bucamonga in the County of San Bernardino State of California Book 99,Pages 75 and 76 Parcel Maps of the County of San Bernardino. l G _ 4J r. c ,r I JAMBOREE REALTY CORP.; RECEIVED Property Management.Investments CI OF RANCHO GUCAMON01, 1 PLANNING DIVI$IbN 4Ul. 1 119S1 July 16, 11 1991 �` ! _ �t� � 12 3t2`��vt� Planning biviston, City of Rancho Ctacamonga Z. P.O. Box 807 Rancho Cucamonga,_ nga, d.�, 91728 RE:,','l'QLmITImn tw PEMUT APPLICATION #91-23- Daar Sirs: As managing agent for the Iurei Aspen E.xemitive Park Owners Association, we have became aware that an app�icati:n has been ttads for a co:-tdtt final use permit to set' aside ir�rte•2ark`ng spaces-within the office park For use ,by a diagnostic-rehicle.LJ \ A tnodificatiork. in the numter of parkinrspaces end,the resultant potential impact on building space�dse without tha_conselt of the Assoc- iation appears to be a violation of the CCiRrs gove'i.T.�Ing?the propzr'r. Sincerely, i t JAIVBCFiIEB REAL �. • TY G'13P. Jerry G. Htmnel, CA4I „ ;-e -. cc: Laurel Aspen Ibtecutive park Q.meis Association Mmbers 4350 Von Karman,Suite 240 c tiewpoti 9each;:A_926W Phone(714)476-81 7_ Tetefax(714)476-9829 t CERTIFIED PROPERTY4tANAGERe ACCREDITED MANAGEMENT ORGANizATtbN�I