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HomeMy WebLinkAbout2011/03/09 - Agenda Packet J
THE CITY OF RANCHO CUCAMONGA
h PLANNING COMMISSION
�J AGENDA
RANCHO MARCH 9
CUCAMONGA 9, 2011 - 7:00 PM
Rancho Cucamonga Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California
1. CALL TO.ORDER I
Roll Call
Chairman Munoz Vice Chairman Howdyshell
Fletcher_ Wimberly_ Oaxaca
• I
H. ANNOUNCEMENTS
III. APPROVAL OF MINUTES
February 23, 2011 Regular Meeting Minutes
February 23, 2011 Adjourned Meeting Minutes
IV. PUBLIC HEARINGS • • I
The following items are public hearings in which concerned individuals may voice their
opinion of the related project. Please wait to be recognized by the Chairman and
address the Commission by stating your name and address. All such opinions shall be
limited to 5 minutes per individual for each project. Please sign in after speaking.
•
A. CONDITIONAL USE PERMIT DRC2010-00237-T-MOBILE -A request to
install a wireless communications facility on an existing utility pole within
the public right of way on Sapphire Street, approximately 389 feet north of
the centerline of Jennet Street. This project is exempt from the
requirements of the California Environmental Quality Act(CEQA) pursuant
to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing
Facilities)
•
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l
titPLANNING COMMISSION AGENDA
S-M MARCH 9, 2011
RANCHO
CUCAMONGA
B. CONDITIONAL USE PERMIT DRC2010-00348 - FIEDLER GROUP FOR
RALPHS-A proposal to demolish an existing building at 7201 Haven Avenue
and to construct a gas station consisting of five (5) dispensers, a kiosk, and
overhead canopy within an existing shopping center in the Neighborhood
Commercial (NC) District,Terra Vista Community Plan(TVCP), located at the
northeast corner of Haven Avenue and Base Line Road-APN: 1076-481-25.
Related files: Development Review DRC2010-00348D, and Uniform Sign
Program #64 Amendment DRC2010-00537, and Tree Removal Permit
DRC2010-00578. Staff has prepared a Mitigated Negative Declaration of
environmental impacts for consideration.
C. DEVELOPMENT REVIEW DRC2010-00348D - FIEDLER GROUP FOR
RALPHS - A proposal to demolish an existing building at 7201 Haven
Avenue and to construct a gas station consisting of five (5) dispensers, a
kiosk, and overhead canopy within an existing shopping center in the
Neighborhood Commercial (NC) District, Terra Vista Community Plan
(TVCP), located at the northeast corner of Haven Avenue and Base Line
Road-APN: 1076-481-25. Related files: Conditional Use Permit DRC2010- •
00348, Uniform Sign Program#64 Amendment DRC2010-00537, and Tree
Removal Permit DRC2010-00578. Staff has prepared a Mitigated Negative
Declaration of environmental impacts for consideration.
D. CONDITIONAL USE PERMIT(NON CONSTRUCTION) DRC2011-00034-
CHARLES JOSEPH ASSOCIATES FOR PALATA TILE AND STONE -A
request to operate a retail design center at a legal non-conforming site
within the Foothill Boulevard Community Office District (Subarea 3) at
10060 Foothill Boulevard-APN: 1077-621-21. This action is categorically
exempt per the California Environmental Quality Act (CEQA) pursuant to
State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing
Facilities).
E. MUNICIPAL CODE AMENDMENT DRC2010-00141 - CITY OF RANCHO
CUCAMONGA-Consideration of a proposed amendment to Chapter 5.12
(Regulation of Entertainment) of Title 5 (Business Taxes, Licenses and
Regulations) and Chapters 17.10 (Commercial/Office Districts), 17.30
(Industrial Districts) and 17.32 (Foothill Boulevard Districts) of Title 17
(Development Code)of the Rancho Cucamonga Municipal Code regarding
entertainment. This action is exempt from environmental review pursuant
to Section 15061(b)(3) of the State CEQA Guidelines. This item will be
forwarded to the City Council for final action.
•
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0
L'-ti PLANNING COMMISSION AGENDA
a� l MARCH 9, 2011
RANCHO
CUCAMONGA
V.• PUBLIC COMMENTS I
This is the time and place for the general public to address the commission. Items to be
discussed here are those that do not already appear on this agenda.
W. COMMISSION BUSINESS/COMMENTS I
VII. ' ADJOURNMENT . I
The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m.
adjournment time. If items go beyond that time, they shall be heard only with the consent
of the Commission.
• THE PLANNING COMMISSION WILL ADJOURN TO A
WORKSHOP IMMEDIATELY FOLLOWING TO DISCUSS PRE-
APPLICATION REVIEW DRC2011-00041 - GENSLER (FOR
CHASE BANK)
I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga,
or my designee, hereby certify that a true, accurate copy of the foregoing agenda was
posted on March 3, 2011, at least 72 hours prior to the meeting per Government Code
Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga.
elIf you need special assistance or accommodations to participate in this meeting,
please contact the Planning Department at (909) 477-2750. Notification of 48
hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility. Listening devices are available for the hearing impaired.
•
3 of 4
Stow PLANNING COMMISSION AGENDA •
14.0_1 MARCH 9 2011
RANCHO
CUCAMONGA
INFORMATION FOR THE PUBLIC
TO ADDRESS THE PLANNING COMMISSION
The Planning Commission encourages free expression of all points of view. To allow all
persons to speak, given the length of the agenda, please keep your remarks brief. If
others have already expressed your position,you may simply indicate that you agree with
a previous speaker. If appropriate, a spokesperson may present the views of your entire •
group. To encourage all views and promote courtesy to others, the audience should
refrain from clapping, booing or shouts of approval or disagreement from the audience.
The public may address the Planning Commission on any agenda item. To address the
Planning Commission, please come forward to the podium located at the center of the
staff table. State your name for the record and speak into the microphone. After
speaking, please sign in on the clipboard located next to the speaker's podium. It is
important to list your name, address and the agenda item letter your comments refer to.
Comments are generally limited to 5 minutes per individual.
If you wish to speak concerning an item not on the agenda, you may do so under"Public
Comments." There is opportunity to speak under this section prior to the end of the
agenda. •
Any handouts for the Planning Commission should be given to the Planning Commission
Secretary for distribution to the Commissioners.
All requests for items to be placed on a Planning Commission agenda must be in writing.
The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the
meeting. The Planning Commission Secretary receives all such items.
AVAILABILITY OF STAFF REPORTS
Copies of the staff reports or other documentation to each agenda item are on file in the
offices of the Planning Department, City Hall, located at 10500 Civic Center Drive,
Rancho Cucamonga, California 91730. These documents are available for public
inspections during regular business hours, Monday through Thursday, 7:00 a.m.to 6:00
p.m., except for legal City holidays.
APPEALS
Any interested party who disagrees with the City Planning Commission decision may
appeal the Commission's decision to the City Council within 10 calendar days. Any
appeal filed must be directed to the City Clerk's Office and must be accompanied by a
fee of$2,164 for maps and$2,273 for all other decisions of the Commission. (Fees are
established and governed by the City Council).
Please turn off all cellular phones and pagers while the meeting is in session.
Copies of the Planning Commission agendas and minutes can be found at
http://www.ci.rancho-cucamonga.ca.us
•
4 of 4
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* Meeting Location:
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10500 Civic Center Drive
CITY OF RANCHO CUCAMONGA
PLANNING COMMISSION MINUTES
• Regular Meeting
February 23, 2011
Chairman Munoz called the Regular Meeting of the City of Rancho Cucamonga Planning
Commission to order at 7:40 p.m. The meeting was held in the Council Chambers at Rancho
Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California.
ROLL CALL
COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz,
Francisco Oaxaca,
ABSENT: Ray Wimberly
STAFF PRESENT: Steven Flower, Assistant City Attorney; Dan James, Senior Civil Engineer;
Lois Schrader, Planning Commission Secretary; Mike Smith, Associate
Planner; James Troyer, Planning Director
1 M W k W
ANNOUNCEMENTS
Steven Flower, Assistant City Attorney noted that Items A and B will not be heard tonight due to a
• problem with the legal notice and the items have been re-advertised for a future meeting.
Chairman Munoz said that if anyone would like to comment, there would be an opportunity to do that
in the public comment section.
APPROVAL OF MINUTES
Motion: Moved by Fletcher seconded by Howdyshell, carried 4-0-1, to approve the minutes of
February 9, 2011.
k R M 4 R
PUBLIC HEARINGS
A. CONDITIONAL USE PERMIT DRC2010-00348 - FIEDLER GROUP FOR RALPHS - A
proposal to demolish an existing building at 7201 Haven Avenue and to construct a gas station
consisting of five (5) dispensers, a kiosk, and overhead canopy within an existing shopping
center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan (TVCP),
located at the northeast corner of Haven Avenue and Base Line Road -APNs: 1076-481-25.
Related files: Development Review DRC2010-00348D and Uniform Sign Program #64
Amendment DRC2010-00537 and Tree Removal Permit DRC2010-00578. Staff has
determined that the project is categorically exempt from CEQA review and qualifies as a Class
32 exemption under State CEQA Guidelines Section 15332 - In-Fill Development. ITEM
• READVERTISED FOR THE MARCH 9, 2011 MEETING DATE.
t
B. DEVELOPMENT REVIEW DRC2010-00348D-FIEDLER GROUP FOR RALPHS-A proposal
to demolish an existing building at 7201 Haven Avenue and to construct a gas station
consisting of five (5) dispensers, a kiosk, and overhead canopy within an existing shopping
center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan (TVCP), •
located at the northeast corner of Haven Avenue and Base Line Road -APNs: 1076-481-25.
Related files: Conditional Use Permit DRC2010-00348 and Uniform Sign Program #64
Amendment DRC2010-00537 and Tree Removal Permit DRC2010-00578. Staff has
determined that the project is categorically exempt from CEQA review and qualifies as a Class
32 exemption under State CEQA Guidelines Section 15332 - In-Fill Development. ITEM
READVERTISED FOR THE MARCH 9, 2011 MEETING DATE.
No hearing was conducted and no action was taken.
• R 4 f !
DIRECTOR'S REPORTS
C. A REVIEW OF THE CITY COUNCIL GOALS RELATED TO PLANNING
James Troyer, Planning Director, gave the staff report and briefly summarized the main goals
related to Planning. He said the Development Code has not been updated since 1983. He noted
that the Planning Commission will be stakeholders during the upcoming Development Code Update
and that staff will come to the Commission from time to time for policy direction during the update.
Commissioner Oaxaca asked if particular areas identified ripe for change
Mr. Troyer noted that the zoning definitions, uses in all the districts, and administrative procedures
will be focused upon in this update.
Steven Flower, Assistant City Attorney said that there are redundancies from over 20 years of •
amendments. He said not every amendment is thought through from every perspective. He said
every community goes through this from time to time.
Chairman Munoz noted that parking will also be considered as part of the update.
_ * * * *
PUBLIC COMMENTS
None
COMMISSION BUSINESS AND COMMENTS
None
ADJOURNMENT
Motion: Moved by Oaxaca, seconded by Howdyshell, carried 4-0-1 (Wimberly absent),to adjourn.
The Planning Commission adjourned at 7:45 p.m.to a Workshop to discuss Pre-Application Review
•
Planning Commission Minutes -2- February 23, 2011
DRC2010-00530- Nevis Homes. The workshop adjourned at 8:50 p.m. and those minutes appear
separately.
• Respectfully submitted,
James R. Troyer, AICP
Secretary
Approved:
•
•
•
Planning Commission Minutes -3- February 23, 2011
• CITY OF RANCHO CUCAMONGA ,
PLANNING COMMISSION MINUTES
Adjourned Meeting
February 23, 2011
Chairman Munoz called the Adjourned Meeting of the City of Rancho Cucamonga Planning
Commission to order at 7:50 p.m. The meeting was held in the Rains Room at Rancho Cucamonga
Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California.
ROLL CALL
COMMISSIONERS: PRESENT: Richard Fletcher, Frances Howdyshell, Lou Munoz,
Francisco Oaxaca
ABSENT: Ray Wimberly
STAFF PRESENT: Dan James, Senior Civil Engineer; Lois Schrader, Planning Commission
Secretary; James Troyer, Planning Director; Tabe Van der Zwaag;'
Associate Planner
ANNOUNCEMENTS
• None
NEW BUSINESS
A. PRE-APPLICATION REVIEW DRC2010-00530-NEVIS HOMES-A review of a proposal for a
single-family residential subdivision on the site of an approved multi-family development on 12.1
acres of land in the Medium Residential District (8-14 dwellings per acre) located at the
northeast corner of Arrow Route and Baker Street - APN: 0207-201-01, 21 and 44. Related
file: Development Code Amendment DRC2010-00531, Development Review DRC2004-00705
and Tentative Tract Map SUBTT17013.
Tabe van der Zwaag gave the staff report. He noted the two main issues are street requirements
and the Common Open Space requirement. He said the Nevis Homes project has been totally
redesigned. He said it now meets all the code requirements except Common Open Space and
street design; there is a 35% Common Open Space requirement. He said their exhibit shows they
do meet it but they included landscaping and some areas adjacent to the street right-of-way to
accomplish that. He said staff is looking for more open spaces that can be used by all the residents.
He said with respect to the streets, the Development Code gives some leeway in this if they do not
to meet the standard, but typically, detached single-family development must meet the standard. He
said this looks like a hybrid of single-family development and multi-family development because they
are proposing amenities typically found in multi-family developments. He said if what is provided is
less than a public street width standard, then it should be gated•and per the Engineering
• Department, and the streets should be called drive aisles. He said the turn around area at Baker
Street is unacceptable for proper ingress and egress. He said that Staff recommends adding
seating at the ends of the paseos and courtyards with seat walls in front of units. He said they could •
close off streets to provide more open space. He said they may need a Variance for meeting the
Common Open Space as opposed to Private Space as in a trade-off.
Chairman Munoz asked if the calculation includes these areas of contention.
Mr. van der Zwaag said those areas are not included. He said they can not meet the requirement
without them. He said they are like zero lot line units. He said they would have to group these units
back together to meet the Common Open Space requirement.
Vice Chairman Howdyshell asked what the orange structures are.
Mr. van der Zwaag said they do not have a zero lot line whereas the other units do. He said these
have a garage with a front door and are not accessed via a paseo. He said it was a challenge as to
how to handle the sliver of land that they are placed upon. He added they meet all the separation
requirements.
Commissioner Fletcher confirmed that the garage entrances are off the alleys.
Chairman Munoz asked if there is a resolution to the street issue.
Mr. van der Zwaag said there is no resolution as yet; the solution thus far would be to not call them
public streets and this could be done if the development is gated.
Vice Chairman Howdyshell asked how emergency services/fire trucks would get in there.
Mr. Sheldon, said they have reviewed this with the Fire Department and they are fine with the fire •
access because it is less than 150 feet in length.
Dan James, Senior Engineer stated that if it is a single-family residential subdivision then access
would be from a public or private street but there are no separate standards for reduced private
streets. He said the question is if they could be called something other than private streets. He said
if the Commission is willing to accept something other than private streets (such as an access
easement) then technically it would be reviewed by Building and Safety (grading) rather than by
Engineering similar to multi-family drive aisles.
Chairman Munoz clarified that drive aisles are 30 feet wide and not 36 feet wide and that they could
be called access easements. He asked what the rationale for that would be.
Mr. James clarified that if the City wants staff to go in this direction with in-fill projects, and if it could
be reviewed with the Development Code update,then staff would seek direction but right now this is
not permitted.
Chairman Munoz asked if the development was gated, would this still be an issue.
Mr. James confirmed that there would still be an issue.
Chairman Munoz asked when gates are required.
Mr James said that when you go from public to private streets, gates are required. The design
would look like full public streets but they are gated. •
•
PC Adjourned Minutes -2- February 23, 2011
• Commissioner Fletcher asked how the drive aisles for the previous approved condominium project
compare.
Mr. James said they met those requirements at the time of approval.
Commissioner Oaxaca said it looks like it was a planned gated community.
Mr. James said the policy is distinguished by the reality that there is a subdivision map. He said if it
is single-family homes/a residential subdivision, then the streets need to be at public standards. He
said this should meet the standards for public streets because it is a single-family subdivision unless
there is new direction. He said this is similar to a common driveway to 2 or 3 homes, but it is not
generally acceptable.
Commissioner Fletcher asked if this is developed as an association for common area maintenance
and where is the trash pickup for all the units.
Mr. Sheldon said that the location is being discussed and has to be coordinated with the trash
pickup provider. He said different options are being considered specific to the various types of
containers.
Mr. van der Zwaag said if the number of units is diminished to meet the Common Open Space
requirement, then the project may not meet the density requirements (currently 8.11 units per acre).
Chairman Munoz said that if they wanted to make it more palatable in that direction then a Variance
could be considered to meet that.
• James Troyer, Planning Director, said it is at the low end of the range now.
Steve Sheldon introduced his team; Chris Williams, Project Architect and Scott Yang of Nevis
Homes.
Mr. Sheldon noted that because of the economy,the previous project as approved is not buildable.
He said there has also been a change in consumer preference and this is a preferred product; it
addresses the hybrid of single-family and multi-family units. He said this concept is very successful
elsewhere. He noted more stringent lending rules with multi-family units. He said this project takes
the good of single-family detached development and multi-family and brings them together; they
have up to 4 bedrooms and 1900 square feet and recreational areas. He said this product has been
built before in Rancho. He noted the Windsor Collection in Terra Vista located north of the
Homecoming project on Mountain View.
Vice Chairman Howdyshell said said they look like detached bungalow homes with their own
garages. She said parking for guests is a big problem there.
Mr. Sheldon said they have 88 spaces for guests and the project has 2-car garages that are all side
by side with no tandem parking.
Mr. Williams said the project is well over parked and it is all two-story product.
Vice Chairman Howdyshell asked why no single-story units are proposed. She said many buyers
would love this environment but prefer a single-story unit and there is a real market for this in this
• City.
PC Adjourned Minutes -3- February 23, 2011
Chairman Munoz commented that seniors are pushing for this type of housing with single-story •
units.
Mr. Williams said it would be difficult to reach the density if they did this but they are trying to show
single-story architectural elements. He said the drive aisle is 26 feet wide and building to building is
30 feet.
Vice Chairman Howdyshell asked where locally they have built developments like this.
Mr. Williams said in Chino off Euclid in Woodbury (D.L. Horton). He said there the big difference is
the side yard space is only 9 feet and this has 15 feet of private space. He added that the windows
are designed so as to prevent a direct view of neighboring units. He said the bedrooms look into
their own private space. He affirmed that open space is not lacking as they have green courts that
go towards all the units that are all connected by paseos along with the various recreation areas.
He said they design the interior to help protect the views to one's own private space.
Mr. Sheldon said he has reviewed the recommendations found on Page 2 of the staff report. He
said they could adhere to most of them. He said they could look at adding a single-story unit but
that for recommendations 1-5, the answer is generally a "yes." He commented that staff worked
hard on this; they gave good recommendations from your professional staff.
Chairman Munoz encouraged considering actual single-story units.
Mr. van der Zwaag suggested at least a bedroom on first floor and guests could use the upper floor
bedrooms.
Commissioner Fletcher asked how a small lot development would make the 25% single-story •
requirement work. He asked if it applies here.
Mr. Troyer noted that it is a design guideline and it would be tougher to do 25%.
Mr. Yang said he wants to design for people, not cars. He said this development helps to
encourage knowing ones neighbors and encourage the walkable environment.
Commissioner Fletcher asked the applicant to point out the pedestrian paths and walkways.
Chris-confirmed that the walkways area along the street.
Vice Chairman Howdyshell said she looks forward to seeing this parcel developed and said the
market is changing. She said there is not a lot of product ready to launch and therefore not much for
sale product available recently.
Commissioner Fletcher asked about the "not a part" area.
Mr. van der Zwaag said it has multiple owners; it is still the same and would be very difficult to
purchase.
Mr. Yang commented that the parcel they bought cost an arm and a leg.
Commissioner Oaxaca confirmed this proposal meets the parking standards for single-family.
•
PC Adjourned Minutes -4- February 23, 2011
• Mr. van der Zwaag said that single-family detached homes require 2 car garages, but for multi-
family they only need to provide 1 guest space for every 4 units. He said they provided 88 guest
spaces.
Commission Fletcher said the idea of a hybrid product could be interesting for Rancho Cucamonga
and it might be right for this market. He said he thinks it is attractive looking. He said with respect to
the open space issue, he personally feels private space is more important than common space that
everyone might not use. He said with respect to the streets and Engineering; it may need to be a
gated community and that would be ok as long as it is upscale, high-quality product.
Commissioner Oaxaca said with the update of the Development Code; this is at the minimum
density for this zone. He said we may see more like this in the future and it may be what the market
is asking for but also because we are at a complex infill stage. He asked if they had a lower density
threshold, would they have done anything differently.
Mr. Williams noted that a major sticking point was the Open Space standard. He said 35%is easier
to do with attached multi-family. He said with detached housing people really want that backyard
open feel.
•
Commissioner Oaxaca said he really looks at this as a detached single-family development where it
would seem the buyer appreciates private open space over Common Open Space.
Mr. Williams said perhaps a lower density would have worked as well. He said they are proposing
this in lots of places with units up to 2500 square feet which would also break it down on density and
lower Common Open Space.
• Commissioner Fletcher noted that single-story development, is important to our aging community.
• He said this hybrid with small lots and yards may be very attractive to seniors if it was a single-story
product.
Vice Chairman Howdyshell noted that with amenities that they enjoy as well and privacy would be
very attractive.
Commissioner Fletcher noted another community of small lots and units and it is gated. He said it is
a nice development and they sold well.
Vice Chairman asked what the average lot size is in the proposed development.
Mr. Williams said about 2400 -3000 square feet depending on the floorplan.
Mr. Troyer said from a staff level, although we do not design specifically for the market in town, he
said there is not a big market for attached for-sale product.
Chairman Munoz thanked the applicants for considering the Commission's ideas. He said they
should consider density and single-story product. He suggested they also look at how the houses
look from the entry. He said they will be looking for it to look interesting and to avoid "Archie
Bunker's neighborhood". He said they should look for vertical and horizontal articulation and they
should punch it up architecturally so that it does not look like row housing. He said it sounds like the
applicants are open but they still have some design issues.
• Sheldon asked with respect to single-story if there is any flexibility to encroach into the setback to
bring in a single-story.
PC Adjourned Minutes -5- February 23, 2011
■
Mr. van der Zwaag said it would create another Variance. •
Mr. Troyer confirmed that this would create another Variance issue.
PUBLIC COMMENTS
None
COMMISSION BUSINESS AND COMMENTS
None
ADJOURNMENT
The Planning Commission adjourned at 8:50 p.m.
Respectfully submitted,
•
James R. Troyer, AICP •
Secretary
Approved:
•
•
PC Adjourned Minutes -6- February 23, 2011
T
S AFF REPORT ( it
• PLANNING DEPARTMENT
bite
RANCHO
Date: March 9, 2011 CUCAMONGA
To: Chairman and Members of the Planning Commission
•
From: James R. Troyer, AICP, Planning Director
By: Jennifer Nakamura, Associate Planner
Subject: CONDITIONAL USE PERMIT DRC2010-00237 - T-MOBILE - A request to install a
wireless communications facility on an existing utility pole within the public right-of-way
on Sapphire Street, approximately 389 feet north of the centerline of Jennet Street. This
project is exempt from the requirements of the California Environmental Quality Act
(CEQA) pursuant to State CEQA Guidelines Section. 15301 (Class 1 Exemption -
Existing Facilities).
PROJECT AND SITE DESCRIPTION:
A. Surrounding Land Use and Zoning:
North - Single-Family Dwelling Units —Very Low Residential (0.1-2 dwelling units per acre)
South - Single-Family Dwelling Units —Very Low Residential (0.1-2 dwelling units per acre)
•
•
East - Single-Family Dwelling Units—Very Low Residential (0.1-2 dwelling units per acre)
West - Single-Family Dwelling Units —Very Low Residential (0.1-2 dwelling units per acre)
B. General Plan Designations:
Project Site - Public Right-of-Way
North - Very Low Residential (0.1 — 2 dwelling units per acre)
South - Very Low Residential (0.1 — 2 dwelling units per acre)
East - Very Low Residential (0.1 — 2 dwelling units per acre)
West - Very Low Residential (0.1 — 2 dwelling units per acre)
C. Site Characteristics: The project site is located within the public right-of-way on the east side
of Sapphire Street, approximately 389 feet from the centerline of Jennet Street. The
right-of-way includes one lane in each direction for Sapphire Street, curb and gutter, utility
poles, sidewalk, and an unmaintained planter area.
ANALYSIS:
A. General: T-Mobile is proposing to collocate 3 panel antennas on an existing utility pole at a
height of approximately 35 feet. The panel antennas and cross arms required to support the
installation of said antennas will be painted brown to blend with the utility pole (Exhibit C). In
addition, a 32.5 square foot above-ground equipment shelter will be constructed within the
unmaintained planter area to house the necessary equipment. The shelter will be constructed
along a concrete masonry unit (CMU) wall, textured to match the existing wall with sliding
wrought iron gates designed to allow for access without intruding on the sidewalk.
•
Item A
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00237—T-MOBILE
March 9, 2011
Page 2 •
• The wireless communication facility is classified as a Major Wireless Communication Facility
because of its location on an existing utility pole within the public right-of-way and is within
• 300 feet of a residential structure. Major Wireless Communications Facilities are not
permitted to be located within 300 feet of any residential structure, except when collocated
with another wireless facility or when installed on an existing utility pole. The proposal by
T-Mobile to collocate on an existing utility pole is consistent with General Plan Policy LU11.3,
which promotes wireless communications facilities that blend in with the surrounding
environment.
B. Design Review Committee: The project was reviewed by the Design Review Committee on
February 2, 2010. The project was approved as presented.
B. Environmental Assessment: The Planning Department staff has determined that the project is
categorically exempt from the requirements of the California Environmental Quality Act
(CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 Exemption under
State CEQA Guidelines Section 15301 .(Existing Facilities), which covers the minor alteration
of existing public facilities. Because the project involves an addition of wireless utility
equipment to an existing utility pole, the project involves negligible expansion of the existing
utility uses. The project does not result in any major exterior alterations, and there is no
substantial evidence that the project may have a significant effect on the environment.
CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily •
Bulletin newspaper, the property was posted, and notices were mailed to all property owners within
a 660-foot radius of the project site.
RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use
Permit DRC2010-00237 through adoption of the attached Resolution of Approval with conditions.
Respectfully submitted,
?t,u4, I`. `y /1J JR. Troyer, AICP
Planning Director
JRT:JN/ds •
Attachments: Exhibit A - Site Plan
Exhibit B - Detailed Site Plan
Exhibit C - Elevations
Exhibit D - Photographic Simulations
Exhibit E - DRC Action Agenda dated February 1, 2011
Draft Resolution of Approval for Conditional Use Permit DRC2010-00237
•
A-2
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A-6
•
• DESIGN REVIEW COMMENTS
7:00 p.m. Jennifer Nakamura February 1, 2011
CONDITIONAL USE PERMIT DRC2010-00237 - T-MOBILE - A request to install a wireless
communications facility on an existing utility pole within the public right-of-way on Sapphire Street,
189 feet north of the centerline of Jennet Street. This project is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1
Exemption - Existing Facilities).
•
Design Parameters: The project site is located on Sapphire Street, 189 feet north of Jennet Street. The
site is an existing 44-foot high utility pole located within the public right-of-way on Sapphire Street. The
project proposes adding two cross arms at approximately 33 feet above grade with three (3) RF panels
to provide wireless communications for T-Mobile. The site cannot be reconstructed to be stealth in
design because of the existing power lines and the requirements of the Joint Pole Association, which
owns the pole. To minimize the look of the panels, both the cross arms and panels will be painted brown
to match the existing pole.
T-Mobile is proposing a groundmounted equipment shelter of 32.5 square feet (2.5 feet deep and 13 feet
long) to house the required equipment cabinets. The equipment enclosure will be located within an
existing, unmaintained planter area that consists mainly of hard packed dirt and occasional shrubs. The
sides of the equipment enclosure will be constructed of CMU with paint and texture to match the existing
screen wall. The front of the enclosure will consist of two wrought iron sliding gates with mesh backing
painted to match the screen wall. The sliding gates will allow maintenance access to the equipment
• without blocking the adjacent sidewalk.
The wireless communication facility is classified as a major wireless communication facility because it is
located on a utility pole within 300 feet of residential properties. The proposed facility meets all the..
requirements of the Wireless Communications Facilities Chapter of the Development Code and is
consistent with the General Plan by promoting the collocation of wireless facilities with other utilities or
wireless facilities whenever possible.
Staff Comments: The following comments are intended to provide an outline for Committee discussion.
Major Issues: None.
Minor Issues: None.
Policy Issues: None.
Staff Recommendation: Staff recommends that the Design Review Committee review and recommend
approval of the project.
Design Review Committee Action:
The project was approved as presented.
Members Present: Munoz, Wimberly, Granger
• Staff Planner: Jennifer Nakamura
EXHIBIT - E A-7
•
RESOLUTION NO. 11-07
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT DRC2010-00237-A REQUEST TO ADD 3 RF PANEL ANTENNAS TO AN
EXISTING 44-FOOT HIGH UTILITY POLE IN THE VERY LOW RESIDENTIAL
DISTRICT LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY ON
SAPPHIRE STREET,APPROXIMATELY 389 FEET NORTH OF THE CENTERLINE
OF JENNET STREET; AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. T-Mobile filed an application for the issuance of Conditional Use Permit DRC2010-00237, as
described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit
request is referred to as "the application."
2. On the 9th day of March 2011, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the
City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of
• this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-referenced
public hearing on March 9, 2011, including written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
a. The application applies to the public right-of-way located on the east side of Sapphire Street,
approximately 389 feet north of the centerline of Jennet Street ,which is presently fully improved with a public
road, curb and gutter, sidewalk, utility poles, and an unmaintained planter area; and
b. The property to the north of the subject site is zoned Very Low Residential (0.1-2 dwelling
units per acre)and is developed with single-family dwelling units; the property to the south is zoned Very Low
Residential (0.1-2 dwelling units per acre)and is developed with single-family dwelling units; the property to
the east is zoned Very Low Residential (0.1-2 dwelling units per acre) and is developed with single-family
dwelling units; the property to the west is zoned Very Low Residential (0.1-2 dwelling units per acre) and is
developed with single-family dwelling units; and
c. The application proposes the addition of 3 RF Panel antennas to an existing 44-foot utility
pole for the purposes of collocation. The antennas will be mounted on the utility pole at approximately 35 feet
above the grade; and
d. The application meets the screening and site selection guidelines of the Wireless
Communications Facilities Chapter of the Development Code by collocating on an existing utility pole and
screening the ground mounted equipment.from public view in an equipment shelter that will blend with the
•existing screen wall; and
A-8
PLANNING COMMISSION RESOLUTION NO. 11-07
•
CONDITIONAL USE PERMIT DRC2010-00237—T-MOBILE
March 9, 2011
Page 2
e. The application is consistent with General Plan Policy LU11.3, which promotes wireless •
communications facilities that blend in with the surrounding environment. By locating on an existing utility
pole, painting the RF Panels and appurtenant equipment brown to match the utility pole, and constructing a
structure that will screen the appurtenant ground-mounted equipment in a manner that blends with the
existing screen wall, the wireless communications facility will be less obtrusive to the surrounding
environment than constructing an independent facility that may detract from the visual landscape.
3. Based upon the substantial evidence presented to this Commission during the above-referenced
public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above,this Commission
hereby finds and concludes as follows:
a. The proposed use is in accord with the General Plan, the objectives of the Development
Code, and the purposes of the district in which the site is located.
b. The proposed use, together with the conditions applicable thereto,will not be detrimental to
the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
c. The proposed use complies with each of the applicable provisions of the Development Code.
4. The Planning Department staff has determined that the project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The
project qualifies as a Class 1 Exemption under State CEQA Guidelines Section 15301 (Existing Facilities),
which covers the minor alteration of existing of public facilities. Because the project involves an addition of
wireless utility equipment to an existing utility pole, the project involves negligible expansion of the existing •
utility uses. The project does not result in any major exterior alterations, and there is no substantial evidence
that the project may have a significant effect on the environment.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this
•
Commission hereby approves the application subject to each and every condition set forth below and in the
Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department:
1) Approval is for the following: Addition of 3 RF Panel antennas on an existing
44-foot utility pole as well as installation of ground-mounted equipment in a
32.5 square foot equipment shelter.
2) The color of the RF Panel antennas, all appurtenant supporting brackets and
attachments shall be painted to match the color of the existing utility pole.
3) The wireless communications facility and the equipment shelter shall be
constructed in accordance with the approved plans on file with the Planning
Department.
4) Any expansion, modification, or alternation to the wireless communications
facility shall require review and approval by the Planning Department.
5) The ground mounted equipment shelter shall not encroach into the community
trail. •
A-9
PLANNING COMMISSION RESOLUTION NO. 11-07
CONDITIONAL USE PERMIT DRC2010-00237—T-MOBILE
March 9, 2011
Page 3
• 6) All equipment necessary for the operation of the wireless communications facility
shall be contained inside the equipment enclosure.
7) Signs are not permitted on the utility pole or the equipment shelter, except
signage required for emergency notification purposes and those required by
regulatory agencies.
8) The antenna and the equipment shelter shall be maintained in good condition at
all times. Damaged and/or weathered equipment, including appurtenant
equipment, shall be repaired promptly.
9) No wireless communication facility shall interfere with the public safety radio
communications system, including, but not limited to, the 800 MHz Trunking
system. If it is determined that the operation of the telecommunications facility
causes interference with the radio communications of the City's public safety
operation in violation of FCC rules and regulations, the applicant shall work
diligently in accordance with the Best Practices Guidelines of the FCC to
eliminate any interference.
10) Except for necessary emergency maintenance, maintenance of the wireless
communications facility and all appurtenant equipment on any day, except
Sundays, shall occur only between the hours of 8:00 a.m. and 8 p.m. On
Sundays, maintenance shall occur only between the hours of 9:00 a.m. and
• 8:00 p.m.
Fire Construction Services:
Fire Construction Services will review the construction plans when submitted to the
Building and Safety Department for plan check.
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
FSC-10 Occupancy and Hazard Control Permits
Listed are those Fire Code permits commonly associated with the business operations
and/or building construction. Plan check submittal is required with the permit
application for approval of the permit; field inspection is required prior to permit
issuance. General Use Permit shall be required for any activity or operation not
specifically described below, which in the judgment of the Fire Chief is likely to
produce conditions that may be hazardous to life or property.
•
• Battery Systems
• Compressed Gases
• Flammable and Combustible Liquids
• Hazardous Materials
• • Liquefied Petroleum Gases
A-10
•
PLANNING COMMISSION RESOLUTION NO. 11-07
CONDITIONAL USE PERMIT DRC2010-00237—T-MOBILE
March 9, 2011
Page 4
FSC-12 Hazardous Materials - Submittal to Fire Construction Services •
Plans shall be submitted and approved prior to construction of buildings and/or the
installation of equipment designed to store, use or dispense hazardous materials in
accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical
Codes, RCFPD Ordinances, FD46,and other implemented and/or adopted standards.
PRIOR TO THE RELEASE OF TEMPORARY POWER
The construction must be substantially completed in accordance with
Fire Construction Services'"Temporary Power Release Checklist and Procedures."
PRIOR TO OCCUPANCY OR FINAL INSPECTION - Please complete the following:
1. Address: Prior to the issuance of a Certificate of Occupancy,
Commercial/Industrial and Multi-Family buildings shall post the address with
minimum 8-inch numbers on contrasting background,visible from the street and
electrically illuminated during periods of darkness. .
2. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the
applicant must demonstrate (in writing from the County)that the facility has met
or is meeting the Business Emergency/Contingency Plan with the
San Bernardino County Fire Department, Hazardous Materials/Emergency
Response, and Enforcement Department. The applicant must also obtain •
inspection and acceptance by Fire Construction Services.
3. Confidential Business Occupancy Information: The applicant shall complete the
Rancho Cucamonga Fire District"Confidential Business Occupancy Information"
form. This form provides contact information for Fire District use in the event of
an emergency at the subject building or property. This form must be presented
to the Fire Construction Services Inspector.
4. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an
8 1/2-inch by 11-inch or 11-inch by 17-inch Site Plan of the site in accordance
with RCFPD Standard No. 13-1, shall be revised by the applicant to reflect the
actual location of all devices and building features as required in the standard.
The Site Plan must be reviewed and accepted by the Fire Inspector.
•
•
A-11 ,
•
PLANNING COMMISSION RESOLUTION NO. 11-07
CONDITIONAL USE PERMIT DRC2010-00237 —T-MOBILE
March 9, 2011
Page 5
• 6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: .
Luis Munoz Jr., Chairman
ATTEST:
James R. Troyer, AICP, Secretary
I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission
held on the 9th day of March 2011, by the following vote-to-wit:
AYES: COMMISSIONERS:
• NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
•
A-12
Ste
4n COMMUNITY DEVELOPMENT
- ''' DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2010-00237
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: T-MOBILE
PUBLIC RIGHT-OF-WAY ON SAPPHIRE STREET APPROXIMATELY 389 FEET NORTH OF
LOCATION: THE CENTERLINE OF JENNET STREET
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Completion Date
General Requirements
1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_
agents, officers, or employees, because of the issuance of such approval,or in the alternative,to
relinquish such approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any Court costs and attorney's fees which the City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may,at its sole
discretion, participate at its own expense in the defense of any such action but such participation
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 11-07 and Standard /_/_
Conditions, shall be included on the plans (full size). The sheet(s)are for information only to all
parties involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to
the Planning Commission or Planning Director hearing:
a) Notice of Exemption- $50 X
•
SC-12-08 1
I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00237 StdCond 3-9.doc
A-13
Project No.DRC2010-00237
Completion Date
B. Time Limits
1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/_/_ •
building permits are not issued or approved use has not commenced within 5 years from the date
of approval. No extensions are allowed.
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_
site plans, architectural elevations, exterior materials and colors,landscaping,sign program,and
grading on file in the Planning Department,the conditions contained herein and the Development
Code regulations.
2. Prior to any use of the project site or business activity being commenced thereon,all Conditions _/_/_
•of Approval shall be completed to the satisfaction of the Planning Director.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved
use has commenced, whichever comes first.
5. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
D. Shopping Centers •
1. Graffiti shall be removed within 72 hours. —/ /
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
E. General Requirements
1. Submit five complete sets of plans including the following: / /
a. Site/Plot Plan;
b. Foundation Plan;
c. Floor Plan;
d. Ceiling and Roof Framing Plan;
e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size
of service entrance conductors, panel schedules, and single line diagrams;
f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste
2 •
I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00237 StdCond 3-9.doc
A-14
Project No. DRC2010-00237
• Completion Date
diagram, sewer or septic system location, fixture units, gas piping, and heating and air
conditioning; and
• g. Planning Department Project Number(i.e.,SUBTT#, SUBTPM#, DRC#)clearly identified
on the outside of all plank.
2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_
Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal.
3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to /_/_
the City prior to permit issuance.
4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_
Building and Safety Department.
F. Site Development
1. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / /_
through Saturday, with no construction on Sunday or holidays.
G. New Structures
1. Upon plan check submittal, additional requirements may be needed. / /_
•
•
•
•
•
•
• 3
I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2010-00237 StdCond 3-9.doc
A-15
Page 1 of 2
Peco7z-ae 407
Nakamura, Jennifer
From: Tim & Kathy O'Hara [tim.ohara @cox.net]
Sent: Tuesday, March 08, 2011 2:22 PM
To: Nakamura, Jennifer
Cc: Kendrena, Donna
Subject: FW: Govenor John Hickenlooper from Colorado calls the month of May," Electrosensitive Month,"
Dear Ms. Nakamura,
As we discussed in our phone conversation with you recently, we are vehemently opposed to the
installation of the T-MOBILE wireless communication facility on an existing utility pole in the public
right of way on Sapphire Street, approximately 389 feet north of the centerline of Jennet Street. We own
a home at 8333 Jennet Street.
Though you mentioned that health effects for people living in proximity to this installation were not
being considered due to an arcane regulation established years ago, the responsibility of the government,
local, state and national, is first and foremost, protection of the citizenry. Virtually every civilized nation
in the world has recognized and is coming to grips with the risk of exposure to these installations. The
state of Colorado understands the urgency and is moving to protect their citizens as is evidenced in the
attachment in this e-mail.
Your stated fear that T-MOBILE might sue the City if this installation were denied should have such
low priority in this discussion that it probably should not even be mentioned. They do not want one of
these cases to go to court where their ultimate defeat is highly problematic. One such defeat would set a
precedent that would have an enormous impact on all of the telecommunication companies. They can't
take that chance. We have personally challenged one of these companies and forced them to dismantle
and remove a large established cellular site from a residential location in San Diego. You need not be
intimidated when you are right.
A very serious consideration for the City of Rancho Cucamonga is the diminished value of properties
near one of these installations. Has the City considered rendering the adjacent properties worthless for
the collection of property tax or at least extremely lowered in value? Who should absorb the loss? Will
T-MOBILE be required to guarantee an average neighborhood value of these properties on sale as part
of their Conditional Use Permit or will the City establish a contingency fund to protect these citizens?
What liability does a seller of one of these properties have in terms of disclosure?
The governing body of Rancho Cucamonga is there to serve and protect the citizens of Rancho
Cucamonga, not to serve outside interests to the clear and obvious detriment of the citizenry. There is
not a single positive thing for any person or property that can be attributed to the establishment of this
facility in this residential neighborhood.
You explained that this is the first of these types of installation to be established in Rancho Cucamonga.
The City should not let this precedent be set. These facilities should exist only in designated commercial
zones never in residential neighborhoods. That has and is being done in cities around the world.
Rancho Cucamonga has an opportunity to act now to do what is right today and for the long term for all
the people who live there. We hope that you seize this opportunity and deny the granting of Conditional
Use Permit DRC2010-00237-T-Mobile.
PG
3/8/2011
Page 2 of 2
Tim & Kathy O'Hara
619-222-9563
Subject: Govenor John Hickenlooper from Colorado calls the month of May," Electrosensitive Month,"
Thank-YOU everyone from California!
www.americanchronicle.com/articles/view/221995
www.californiachronicle.com/opinion/221995
John W. Hickenlooper, Govenor
136 State Capital
Denver, CO 80203-1792
Govenor.hickenlooper @ state_co.us
•
3/8/2011
STAFF REPORT its
• PLANNING DEPARTMENT L� J
DATE: March 9, 2011 CRUCAMONANCHO GA
TO: Chairman and Members of the Planning Commission
FROM: James R. Troyer, AICP, Planning Director
BY: Mike Smith, Associate Planner
SUBJECT: CONDITIONAL USE PERMIT DRC2010-00348 - FIEDLER GROUP FOR RALPHS - A
proposal to demolish an existing building at 7201 Haven Avenue and to construct a gas
station consisting of five (5) dispensers, a kiosk, and overhead canopy within an existing
shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan
(TVCP), located at the northeast corner of Haven Avenue and Base Line Road -
APN: 1076-481-25. Related files: Development Review DRC2010-00348D, and Uniform
Sign Program #64 Amendment DRC2010-00537, and Tree Removal Permit
DRC2010-00578. Staff has prepared a Mitigated Negative Declaration of environmental
impacts for consideration.
DEVELOPMENT REVIEW DRC2010-00348D - FIEDLER GROUP FOR RALPHS - A
proposal to demolish an existing building at 7201 Haven Avenue and to construct a gas
station consisting of five (5) dispensers, a kiosk, and overhead canopy within an existing
shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community
Plan (TVCP), located at the northeast corner of Haven Avenue and Base Line Road -
• APN: 1076-481-25. Related files: Conditional Use Permit DRC2010-00348, Uniform Sign
Program #64 Amendment DRC2010-00537, and Tree Removal Permit DRC2010-00578.
Staff has prepared a Mitigated Negative Declaration of environmental impacts for
consideration.
PROJECT AND SITE DESCRIPTION:
A. Surrounding Land Use and Zoning:
Site - Shopping Center — Neighborhood Commercial (NC) District, Terra Vista
Community Plan
North - Single-Family Residences and Day Care Facility — Low-Medium (LM) Residential
District, Terra Vista Community Plan
South - Single-Family Residences — Medium (M), Low-Medium (LM) Residential Districts,
Terra Vista Community Plan
East - Single-Family Residences — Low-Medium (LM) Residential District, Terra Vista
Community Plan
West - Single-Family Residences— Low (L) Residential District
B. General Plan Designations:
Site - Neighborhood Commercial
North - Low-Medium Residential
South - Medium and Low-Medium Residential
East - Low-Medium Residential
• West - Low Residential
Items B & C
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00348 AND
DEVELOPMENT REVIEW DRC2010-00348D—FIEDLER GROUP FOR RALPHS GAS
March 9, 2011
Page 2
C. Site Characteristics: The project site is located within a shopping center of approximately
556,000 square feet (12.8 acres) that is approximately 884 feet (east to west) by
approximately 884 feet (north to south). The shopping center is comprised of thirteen (13)
buildings with a combined floor area of approximately 135,000 square feet. Seven (7) of the
13 buildings are contiguous to each other and form a single, crescent-shaped strip that is
generally located at the northeast corner of the site, The other five (5) buildings are single-
tenant pad buildings or multi-tenant buildings that are located along the street frontage on the
south and west sides of the site (Exhibit C). The specific location of the project site is at the
northwest corner of the shopping center near the intersection of Haven Avenue and Valencia
Avenue. The area of work is presently developed with a 7,232-square foot building that is
principally occupied by Blockbuster (Exhibit D). With the exception of the Montessori
Academy daycare/private school facility recently approved for operation (Related file:
Conditional Use Permit DRC2010-00789) at the northeast corner of Haven Avenue and
Valencia Avenue, the shopping center is bound on all sides by residential development. The
zoning of the center is Neighborhood Commercial (NC) District, Terra Vista Community Plan.
The zoning of the properties to the north and east is Low-Medium (LM) Residential District,
Terra Vista Community Plan. The zoning of the properties to the south is Medium (M) and
Low-Medium (LM) Residential District, Terra Vista Community Plan. The zoning of the
properties to the west is Low (L) and Low-Medium (LM) Residential District.
ANALYSIS: •
A. General: The applicant, on behalf of Ralphs, proposes to demolish the previously described
building and in its place construct a fuel station comprised of a kiosk of 179 square feet and
an overhead canopy of approximately 3,480 square feet. The horizontal dimensions of the
. kiosk will be approximately 8 feet by 22 feet. The horizontal dimensions of the canopy will be
approximately 24 feet (east to west) by 145 feet (north to south). Measured from the finished
surface of the gas fueling station, the overall height of the canopy will be approximately
22 feet (24.5 feet when measured to the top of the extended parapet). The bottom, or ceiling,
of the canopy will be approximately 16 feet above the finished surface. The overall height of
the kiosk will be approximately 13 feet. The existing vehicle access to the site will remain
unchanged (Exhibits E and G).
B. Floor/Area Analysis: Per Chapter 2, Figure LU-2, the maximum floor area ratio (FAR) in the
Neighborhood Commercial land use category is 35 percent. The net area of the project site is
approximately 36,270 square feet. Following the completion of the gas station, the building
coverage (including the canopy) will be 3,659 square feet. Therefore, the floor area ratio for
this site will be 10 percent.
C. Land Use and Operations: The proposed fuel station, operating as Ralphs Gas, will have five
(5) fuel dispensers with one fueling position on either side of each for a total of ten (10) fueling
positions. The proposal does not include a convenience store. The kiosk will serve as a pay
point for gas purchases and minor pre-packaged items such as cigarettes, candy, gum, etc.
The proposal includes arranging around the kiosk, self-serve merchandising units for a variety
of beverages such as water, soda, hydration drinks; snacks such as chips and peanuts, and •
B & C- 2
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00348 AND
DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
• March 9, 2011
Page 3 •
automotive fluids such as oil, coolant, and window washing solvents. These units will be
mounted to the ground and locked between 10:00 p.m. and 6:00 a.m. Per Section
17.10.030(G)(3) of the Development Code, there are restrictions on the outdoor display of
merchandise including the maximum linear dimension and location for such displays. These
restrictions have been incorporated as conditions of approval. The floor area of the kiosk will
be only large enough to accommodate the cashier, limited storage, operations-related
equipment, and a restroom (for the employees only). Generally, there will be only one
employee on-site. However, the station will employ up to four (4) persons working in shifts of
up to eight (8) hours. Although the station will operate 24 hours a day, it will be unattended
between 10:00 p.m. and 6:00 a.m. (Exhibit N). Alcohol sales are not proposed with the gas
station — alcoholic beverages will be available for sale at the existing Ralphs supermarket.
D. Parking Calculations: The parking calculation for the shopping center is 4.5 parking stalls per
1,000 square feet of gross floor area per Section 17.12.040(B)(1)(b)(1) of the Development
Code.
Type Floor Parking # of Spaces
of Use (SF) Ratio Required # of Spaces Provided
Shopping Center 135,000 4.5/1000 608 710
• (existing)
Shopping Center 128,000 4.5/1000 576* 692*
(after construction)
•
*Note: There are 710 parking stalls within the shopping center. The proposed project
includes the demolition of the existing building which will reduce the overall floor area of the
shopping center. Also, eighteen (18) parking stalls will be removed which will leave 692
parking stalls remaining.
E. Design Review Committee: The project was reviewed by the Design Review Committee
(Munoz and Granger) on September 14, 2010 (Exhibit L). The Committee reviewed the
application and deemed it acceptable for forwarding to the Planning Commission for review
and action. The Committee concluded that the architecture of the canopy and kiosk was
consistent with the shopping center including the use of stucco finish, clay S-tile, and
decorative cornice. The mid-section of the canopy includes a curvilinear parapet that
generally matches similar parapets on the other buildings in the shopping center. The
Committee approved the design as submitted with the exception of the vapor recovery
system. The applicant was directed to use a horizontally-mounted "Healy Tank" Enhanced
Vapor Recovery System instead of a vertically-mounted "Veeder Root" Enhanced Vapor
Recovery System. The Healy tank is to be screened behind a decorative block wall enclosure
and landscaping. Most of the other issues identified in the Design Review Committee
comments report were already addressed by the applicant prior to the meeting to the
satisfaction of the Committee. The applicant agreed to complete or comply with the remaining
corrections/revisions. Incorporated into the Resolution of Approval are a set of special
•
B & C- 3
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00348 AND
DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 4
conditions stating that these remaining issues shall be addressed in the plans submitted for
plan check.
• F. Grading and Technical Review Committees: The project was reviewed by the Grading and
Technical Review Committees on September 14, 2010. Both Committees deemed it
acceptable for forwarding to the Planning Commission for review and action. Staff has
included in the Resolution of Approval each Committee's standard and special conditions.
G. Neighborhood Meeting: On September 13, 2010, the applicant conducted a neighborhood
meeting at the Goldy S. Lewis Community Center at Central Park at 11200 Base Line Road.
There were about twenty (20) persons in attendance (Exhibit M). Questions were addressed
by the applicant, representatives from Ralphs, and staff regarding the proposal and its
operations. Those in attendance were generally opposed to the project. Following the
meeting, Staff received additional comments via electronic, telephone, and mailed
correspondence (Exhibit N). The concerns are summarized as follows (with staff's response
in italics and the applicant response attached — Exhibit 0):
1. Neighborhood compatibility including the need for a new gas station and an
oversaturation of gas stations in the area.
The Development Code and the Terra Vista Community Plan, consistent with the City's •
General Plan, regulate where various uses including gas stations can be located. Both
documents identify various areas, i.e. development districts, within the City that are
suitable for commercial uses and the uses that are allowed are established based on the
uses'service to the community and the uses' suitability within the context of its location.
The gas station will serve the surrounding community and is an expected land use within
shopping centers. In regards to number or saturation of gas stations, neither document
restricts the number of gas stations in any given area or the proximity of a gas station
relative to another gas station.
2. Noise emanating from the project site caused by loud stereos, running engines, and
deliveries during late evening and early morning hours.
A gas station is not a noise intensive land use as the only actual activity directly related
to the use is the pumping of fuel from underground storage tanks. All equipment will be
located underground or inside the kiosk. A convenience store is not proposed with the
gas station. Noise impacts generated by loud stereos or running engines are
intermittent and irregular in frequency and are not expected to be a continuous or regular
occurrence. Also, activity on the property will be heaviest during the day; therefore
evening disturbances will be minimal. Periodically, there will be fuel deliveries; the
applicant has indicated that no deliveries will occur between 10:00 p.m. and 6:00 a.m.
Incorporated in the Resolution of Approval is a condition restricting fuel deliveries to the
hours between 6:00 a.m. and 10:00 p.m.
•
B & C- 4
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00348 AND
DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
• March 9, 2011
Page 5
3. Glare emanating from the canopy and parking lot lighting projecting onto the neighboring
residences during late evening and early morning hours.
The applicant submitted a photometric plan prepared by LSi Industries at the request of
the Planning Department. The plan shows that the intensity of light, measured in foot
candles, will be less than 1-foot-candle at the project perimeter. For reference, per the
Development Code, the maximum amount of light allowed to illuminate adjacent
properties is 5-foot-candles. The amount of light emanating beyond the project
perimeter from beneath the canopy will be limited by the recessed design of the lamps.
The parking lot lights will have a design consistent with the lamps in the parking lot of the
shopping center. Per the Development Code, the maximum height of parking lot lighting
is 15 feet measured from the finished surface to the lamp head. The finished surface of
the site is lower than the finished surface of Haven Avenue and Valencia Avenue and
there is existing landscaping along both streets. Lastly, there are buildings to the east,
south, and north that will block any light that is emanating from the site onto neighboring
residential properties.
4. The impacts of a gas station operating 24 hours a day.
•
The gas station is proposed to operate 24 hours a day with an employee on-site
• between 6:00 a.m. and 10:00 p.m. Staff is not aware of any negative impacts as the
result of a gas station within the City operating 24 hours a day. Noise and lighting will
have a minimal negative impact on surrounding residential properties because of the
mitigating factors noted above.
5. On/off-site circulation and timing of the fuel truck via Valencia Avenue and relationship of
the delivery cycles with traffic along that street and the safety of drivers and pedestrians.
The applicant submitted a Site Plan showing that fuel delivery trucks will arrive at and
depart from the general area project site via Haven Avenue. These trucks will enter/exit
the site either via the driveway at Valencia Avenue (located approximately 140 feet east
of Haven Avenue) or the driveway at Haven Avenue. It will not be necessary to drive
along Valencia Avenue to and from Base Line Road. Also, fuel deliveries will be limited
to the hours between 6:00 a.m. and 10:00 p.m. Therefore, disturbance of the residences
in the vicinity of and interaction with traffic on Valencia Avenue will be minimal. A new
set of traffic signals (discussed below) will increase traffic and pedestrian safety at the
intersection of Haven Avenue and Valencia Avenue. Incorporated in the Resolution of
Approval is a condition prohibiting fuel delivery vehicles from using the segment of
Valencia Avenue between the driveway at Valencia Avenue and the intersection of that
street with Base Line Road.
6. Criminal activity because of the presence of the gas station.
The project site will be equipped with security cameras that will be monitored by Kroger
• (Ralphs' parent company) staff 24 hours a day. In the event of an emergency, Kroger
B & C- 5
•
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00348 AND
DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 6
staff will contact the Police Department. Additional monitoring will be provided by
Ralphs'supermarket employees. Staff discussed the potential for criminal activity with a
representative from the Police Department. Based on the discussion, the type of
criminal activities and nuisances usually encountered at gas stations are loitering,
panhandling, and theft of merchandise. However, these activities are common when a
• gas station includes a convenience store. As the proposed project does not include a
convenience store, the likelihood of such activities is low. The representative also stated
that adequate lighting is a deterrent to criminal activity of this nature.
7. Traffic at the intersection of Haven Avenue and Valencia Avenue that is not signalized
and speeding on both Haven Avenue and Valencia Avenue.
The applicant submitted a traffic analysis prepared by Associated Transportation
Engineers at the request of the Traffic Engineering Department. The analysis included
the existing traffic volume, the traffic volume added by the proposed gas station, and the
traffic volume added by Montessori Academy, a daycare/private school located at
7135 Haven Avenue immediately to the north of the project site. The conclusion of the
analysis was that because of the cumulative volume of traffic a set of traffic signals is
warranted at the intersection of these two streets. Incorporated in the Resolution of
Approval is a condition requiring the installation of a set of traffic signals at the
intersection of Haven Avenue and Valencia Avenue. •
8. Air quality (this issue was referenced during telephone calls and later correspondence
with staff).
•
The applicant submitted an Air Quality Study prepared by E-Tech Environmental on
October 2010. According to the study, the maximum amount of air emissions for each
regulated air pollutant that was estimated for short-term (construction) and long-term
(operational) emissions is well below the regulated thresholds. The construction and
operation of the proposed project will be in compliance with the land use development
regulations of the South Coast Air Quality Management District (SCAQMD).
9. Hazardous materials (this issue was referenced during telephone calls and later
correspondence with staff).
The applicant submitted an air dispersion model and health risk assessment prepared by
E-Tech Environmental on October 2010. The project will incorporate California Air
Resources Board (CARB) certified equipment (dispensers, nozzles, and hoses) to
ensure vapor recovery. The project also includes the installation of a Healy Phase II
Enhanced Vapor Recovery System which is designed to capture fugitive vapors from the
fuel dispensers. Furthermore, the project includes double-wall underground storage
tanks with double-wall piping.
H. Land Use Compatibility: The project will be consistent with development district of the site,
the existing uses within the shopping center, and the surrounding development districts. Staff •
B & C- 6
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00348 AND
DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
• March 9, 2011
Page 7
does not expect any negative impacts for the reasons outlined above. For all
disturbances/nuisances, there are thresholds for noise and lighting that a commercial activity
cannot exceed. The Development Code specifies performance standards applicable to all
commercial uses and locations that must be complied with. In the event that noise and/or
lighting levels exceed the maximum established by the Code, then the Code Enforcement
Department can be contacted to correct the problem. If necessary, the matter may be brought
to the attention of the Planning Director and/or Planning Commission for further review and
action.
•
I. Tree Removal Permit DRC2010-00578: The proposed project includes the removal of six (6)
trees within the area of work (Exhibit P). These trees are located in the planter areas
immediately surrounding the existing building. The existing trees and landscaping outside the
area of work will remain. There are a significant number of mature trees within, and at the
perimeter of, the shopping center. Consistent with the City's Tree Preservation Ordinance,
incorporated in the Resolution of Approval is a condition requiring new trees (minimum
24-inch box size) to be planted on a one-to-one basis to replace the trees that have been
removed.
J. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the
City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects
• of the project. Based on the findings contained in that Initial Study, City staff determined that, with the
imposition of mitigation measures related to aesthetics (lighting), cultural resources, hydrology and
water quality, traffic, and air quality, there would be no substantial evidence that the project would have
a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration
was prepared. Thereafter, City staff provided public notice of the public comment period and of the
intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been
prepared to ensure implementation of, and compliance with, the mitigation measures for the project. In
response to the Mitigated Negative Declaration, on February 23, 2011 the South Coast Air Quality
Management District (AQMD) submitted comments to the City requesting further discussion and
supporting data, and cited the potential for additional and/or revised mitigations to address air quality
impacts (Exhibit S). The applicant's air quality consultant provided the requested information on
February 28, 2011 and Staff forwarded it to the AQMD. At the time of the preparation of this report,
follow-up comments from the AQMD had not been received. However, if there are any additional
mitigations necessary, Staff will present them to the Planning Commission and the applicant during the
public hearing for incorporation as conditions of approval in the Resolution of Approval.
CORRESPONDENCE: This item was initially advertised as a public hearing in the Inland Valley
Daily Bulletin newspaper for the February 23, 2011 meeting date. The property was posted, and
notices were mailed to all property owners within a 660-foot radius of the project site. Because of
an error in the legal advertising, the item was re-noticed and corrected mailing notices, postings and
a legal advertisement were prepared and distributed for this meeting date. With the exception of
correspondence received following the neighborhood meeting (Exhibit N) and the correspondence
received from the AQMD noted above, no additional correspondence was received at the time of
the preparation of this Staff Report.
•
B & C- 7
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2010-00348 AND
DEVELOPMENT REVIEW DRC2010-00348D —FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 8
RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use
Permit DRC2010-00348 and Development Review DRC2010-00348D through adoption of the
attached Resolutions of Approval with conditions.
Respectfully submitte ,
Jam R. Troyer, AICP
Planning Director
J RT:MS/ge
Attachments: Exhibit A - Location Map
Exhibit B - Aerial Map
Exhibit C - Site Utilization Map/Overall Site Plan
Exhibit D - Project Site Plan/Topography (Existing)
Exhibit E - Project Site Plan (Proposed)
Exhibit F - Grading Plan
Exhibit G - Elevations of the Fuel Station Kiosk and Canopy
Exhibit H - Building Sections •
Exhibit I - Photometric Plan
Exhibit J - Correspondence from the Applicant— Operations
Exhibit K - List of Tenants
Exhibit L - Design Review Committee Action Comments (September 14, 2010)
Exhibit M - Neighborhood Meeting (September 13, 2010) Sign-In Sheet
Exhibit N - Correspondence from Property Owners
Exhibit 0 - Correspondence from the Applicant — Neighborhood Meeting
Response
Exhibit P - Site Plan for Tree Removal Permit DRC2010-00578
Exhibit Q - Initial Study Parts 1 and 2
Exhibit R - Air Emission Estimates, Air Dispersion Module & Health Risk
Assessment, Traffic Analysis - Distributed Under Separate Cover and Available
Upon Request
Exhibit S - Correspondence from the AQMD dated February 23, 2011
Draft Resolution of Approval for Conditional Use Permit DRC2010-00348
Draft Resolution of Approval for Development Review DRC2010-00348D
•
B & C- 8
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B & C- 17
CITY OF F. ,C)40-QUCAMONGA
Ralphs Fuel Center#717, Rancho Cucamonga July 12, 2010
Action Description/Justification Attachment JUL 5, 9 cU iJ
Exhibit A RECEIVED - PLANNING
Action Description/Justification
This site is currently developed as a Blockbuster Video Store and is part of the larger
Terra Vista Village shopping center which includes a Ralphs Grocery Market. A
summary of existing tenants is provided below. Typical business hours in the shopping
center are from 6am to 10pm. The existing Ralphs Grocery is open 6am to 1 am.
The proposed project includes the demolition of the existing Blockbuster Building for the
construction of a new Ralphs Fuel Center. Ralphs fuel centers have begun to open
nation wide with over 900 sites managed by the Supermarket Petroleum Group. The
fuel center will be a separate tenant in the shopping center and is a separate source of
revenue and not a department of the Ralphs supermarket.
The proposed fuel station will have 5 multi-product dispensers with 10 fueling positions
under a fuel canopy of 145'-1' x 24'-0". Two underground storage tanks for fuel storage
will be installed. A cashier kiosk of 179 sq ft will be built under the fuel canopy. The
kiosk will sell limited selection of pre-packaged snacks, candy, gum and cigarettes. The
station will operate 24 hours per day and operate unattended between the hours of
• 10pm and 6am. The station will employ 4 employees; the maximum shift will be 8.
hours. The site is monitored 24 hours a day by security cameras and remote fuel
system monitoring program. Cameras are positioned onsite to monitor each fuel
position, the door at the cashier kiosk, the underground storage tanks and a camera
inside the cashier kiosk.
•
EX I-I I B I T J I:tpmjeam\13283\Project Management\200 Perma Tracking\13283.201004-23-QID Submittal Exhibit Aida
B & C- 18
Ralphs Fuel Center #717, Rancho Cucamonga December 3, 2010
Kiosk Merchandising Plan •
Inside Kiosk
(2) Altria cigarette fixtures, merchandising single packs and cartons of cigarettes,
chewing tobacco'and single and multipack cigars
(1) 4-tiered candy rack, merchandising candy bars, gum and mints Numerous "clip-
strips" and small window displays, merchandising air fresheners, trial size medicines,
single lighters and energy beverages
•
Outside kiosk
(4) Self-serve True beverage coolers, merchandising Coke and Pepsi products,
hydration and energy beverages
(1) Self-serve automotive merchandiser, displaying oil, transmission fluid, coolant and
window washing solvent
(1) Self-serve merchandiser, displaying case-pack water
(1) Self-serve Frito snack cabinet, merchandising chips, peanuts and sunflower seeds
All of the outside merchandiser units will be mounted to the ground and locked securely
overnight during unattended operation.
•
•
•
•
fiedlergroup©2010
I:\projects\13283\Protect Management\200 Permit Tracking\13 2 83-2010-12.3-Merchandising plan.doc
B & C- 19
I
TERRA VISTA VILLAGE
j• Tenant Size Description
Blockbuster Video 5,000 Video rental/sale
Hair Phases International 3,775 Hair Salon
Mail Center 1,000 Mail Box, Shipping, Copying, and Related supplies
Red Persimmon Salon 1,200 Nail salon
Embroidme 1,200 Embroidery, and personalization of apparel and gift items
Petco 10,200 Pet suppies and Services
H& R Block 1,620 Tax Preparation
Jenny Craig 2,100 Weight Loss services and products
Ralphs 36,660 Groceries
Stuft Pizza 2,400 Pizza and ltailian Restaurant
Donut Inn 1,400 Donut and bakery Products
RC Optometric 1,120 Optometry and sale of eyewear
Terra Vista Animal Hospital 3,192 Veterinary services
Nail Salon 1,000 Nail Salon *
Candy store 1,000 Candy *
CitiBank 5,200 Banking*
Starbucks Coffee 1,982 Coffee and Bakery Items
Salsitas Mexican Restaurant 3,800 Mexican full service restaurant
Coco's 5,967 Sit down Full service restaurant *
• Burger King 3,500 Burger Fast food Drive thru
* Not owned by Lewis
•
EXHIBIT K
B & C- 20
•
• DESIGN REVIEW COMMENTS
8:20 p.m. Mike Smith September 14, 2010
CONDITIONAL USE PERMIT DRC2010-00348 - FIEDLER GROUP FOR RALPHS - A proposal to
demolish an existing building at 7201 Haven Avenue and construct a gas station consisting of five (5)
dispensers, a kiosk, and overhead canopy within an existing shopping center in the Neighborhood
Commercial (NC) District, Terra Vista Community Plan (TVCP), located at the northeast corner of
Haven Avenue and Base Line Road - APN: 1076-481-25. Related files: Development Review
DRC2010-00348D and Uniform Sign Program No. 64 Amendment DRC2010-00537. Staff has
determined that the project is categorically exempt from CEQA review and qualifies as a Class 32
exemption under State CEQA Guidelines Section 15332 - In-Fill Development.
DEVELOPMENT REVIEW DRC2010-00348D - FIEDLER GROUP FOR RALPHS - A proposal to
demolish an existing building at 7201 Haven Avenue and construct a gas station consisting of five (5)
dispensers, a kiosk, and overhead canopy within an existing shopping center in the Neighborhood
Commercial (NC) District, .Terra Vista Community Plan (TVCP), located at the northeast corner of
Haven Avenue and Base"Line Road. — APN: 1076-481-25. Related files: Conditional .Use- Permit
DRC2010-00348 and Uniform Sign Program No. 64 Amendment DRC2010-00537. Staff has determined
that the project is categorically exempt from CEQA review and qualifies as a Class 32 exemption under
State CEQA Guidelines Section 15332 - In-Fill Development.
•
• Design Parameters: The project site is located within a shopping center of approximately
556,000 square feet (12.8 acres) that is approximately 884 feet (east to west) by approximately 884 feet
(north to south). The shopping center is comprised of thirteen (13) buildings with a combined floor area
of approximately. 132,000 square feet. Seven (7) of the 13 buildings are contiguous to each other and
form a single strip that is generally located at the northeast corner of the site. The other five (5) buildings
are single-tenant pad buildings or multi-tenant buildings that are located along the street frontage along
the south and west sides of the site. The specific location of the project site is at the northwest corner of
the shopping center near the intersection of Haven Avenue and Valencia Avenue. The area of work is
presently developed with a 7,232-square foot building, principally occupied by Blockbuster. With the
exception of a daycare facility at the northeast corner of Haven Avenue and Valencia Avenue, the
shopping center is bound on all sides by single-family residential development. The zoning of the center
is Neighborhood Commercial (NC) District, Terra Vista Community Plan. The zoning of the properties to
the north and east is Low-Medium (LM) Residential District, Terra Vista Community Plan. The zoning of
the properties to the south is Medium and Low-Medium (LM) Residential District, Terra Vista Community
Plan. The zoning of the properties to the west is Low (L) Residential District.
The applicant, on behalf of Ralphs; proposes to demolish the previously described building and in its
place construct a fuel station consisting of five (5) dispensers, a kiosk of 179 square feet, and an
overhead canopy of approximately 3,480 square feet. The horizontal dimensions of the kiosk will be
approximately 8 feet by 22 feet. The horizontal dimensions of the canopy will be approximately 24 feet
(east-west) by 145 feet (north to south). Measured from the finished surface of the gas fueling station,
the overall height of the canopy will be approximately 22 feet (24.5 feet when measured to the top of the
extended parapet). The bottom, or ceiling, of the canopy will be approximately 16 feet above the finished
• surface. The overall height of the kiosk will be approximately 13 feet. The finished surface of the site is
approximately six (6) feet lower than the finished surface of Haven Avenue and Valencia Avenue. The
proposal does not include a convenience store; the kiosk will serve as a pay point for gas purchases and
EXHIBIT L B & C- 21
•
DRC ACTION AGENDA
DRC2010-00348 AND DRC2010-00348D — FIEDLER GROUP FOR RALPHS •
September 14, 2010
Page 2
minor pre-packaged items such as cigarettes, candy, gum, etc. The kiosk will be only large enough to
accommodate the cashier and operations-related equipment. The architecture of the canopy and kiosk
will match the surrounding shopping center including the use of stucco finish, clay S-tile, and decorative
cornice. The mid-section of the canopy includes a curvilinear parapet that generally matches similar
parapets on the other buildings in the shopping center.
Included in the proposal will be new paving .and revisions to the parking area to accommodate vehicle
circulation. Eighteen (18) parking stalls will be removed. The removal of these stalls will not have a
significant impact as there is excess parking capacity within the shopping center. The surrounding
landscaping will be revised and some trees will be .removed (Related File: Tree Removal Permit
DRC2010=00578). As the location'of the curb face at Haven Avenue begins to deviate eastward at a
point approximately 220 feet south of Valencia Avenue with a maximum deviation of approximately
4 feet, the proposed average depth of landscape is approximately 41 feet. The required average depth
of landscape along Haven Avenue is 45 feet per the Terra, Vista Community Plan. Therefore, .the
applicant will need to 'increase the landscaping depth accordingly or accommodate the deficit by
•
increasing the depth of landscaping elsewhere on the site.
A Veeder Root Enhanced Vapor.Recovery System (and associated vent risers) is also proposed — this
installation will be located at northeast corner of the project site. An air and water dispenser will be
installed at the southwest corner of the project site. Access to the fuel station will be via existing •
driveways and drive aisles. No new access points are proposed. Lastly, a new monument sign is
proposed for identification and fuel pricing purposes (Related File: Uniform Sign Program No. 64
Amendment DRC2010-00537).
Staff Comments: •The following comments are intended to provide an outline for Committee discussion.
Major Issues: The following broad design issues will be the focus of Committee discussion regarding this
project.
1. The canopy structure shall be finished with stucco to match the other buildings within the shopping
center.
Secondary Issues: Once all of the major issues have been addressed, and time permitting, the
Committee will discuss the following secondary design issues.
1. The light standards shall not exceed 15 feet in height. This height includes the base, pole, and the
fixture and is measured from the adjacent finished surface or finished grade.
2. Enhance the landscaping in the planter proposed at the east side of the project site by adding trees
and shrubs.
3. The landscaping shall comply with Ordinance No. 823, a new Water Efficient Landscape Ordinance
adopted by the Rancho Cucamonga City Council On December 2, 2009.
Policy Issues: The following items are a matter of Planning Commission policy and should be
incorporated into the project design without discussion. •
B & C-22
DRC ACTION AGENDA
• DRC2010-00348 AND DRC2010-00348D — FIEDLER GROUP FOR RALPHS
September 14, 2010
Page 3
1. Any new ground-mounted equipment and utility boxes, including transformers, back-flow devices,
etc., shall be screened by a minimum of two rows of shrubs spaced a minimum of 18 inches on
center. This equipment shall be painted forest green.
2. The doors of the kiosk shall be painted to match the color of the adjacent wall.
3. All downspouts on all elevations of the kiosk shall be routed through the interior of the kiosk.
4. All signs shall comply with the applicable provisions of the City's Sign Ordinance and Uniform Sign
Program No. 64 (and any pending amendments).
Staff Recommendation: Staff recommends that the project be approved and forwarded to the Planning
Commission for review and action.
•
Design Review Committee Action:
The Committee reviewed the application and deemed it acceptable for forwarding to the Planning
Commission for review and action. The Committee concluded that the architecture of the canopy and
kiosk was consistent with the shopping center and approved the design as submitted with the exception
• of the vapor recovery system. The applicant was directed to use a horizontally-mounted "Healy Tank"
Enhanced Vapor Recovery System instead of a vertically-mounted "Veeder Root" Enhanced Vapor
Recovery System. The Healy tank is to be screened behind a decorative block wall enclosure and
landscaping. Most of the other issues identified in the Design Review Committee comments report were
already addressed by the applicant prior to the meeting to the satisfaction of the Committee. The
applicant agreed to complete or comply with the remaining corrections/revisions. Staff will incorporate
into the Resolution of Approval a set of special conditions stating that these remaining issues shall be
addressed in the plans submitted for plan check.
Members Present: Munoz, Granger
Staff Planner Mike Smith
•
•
B & C- 23
DESIGN REVIEW COMMENTS •
8:20 p.m. Mike Smith September 14, 2010
UNIFORM SIGN PROGRAM NO. 64 AMENDMENT DRC2010-00537 — SIGNS AND SERVICES CO - A
request to amend Uniform Sign Program No. 64 for Terra Vista Village, an existing shopping center in the
Neighborhood Commercial (NC) District, Terra Vista Community Plan (TVCP), located at the northeast
corner of Haven Avenue and Base Line Road —APN: 1076-481-25 through -35. Related files: Conditional
Use Permit DRC2010-00348 and Development Review DRC2010-00348D.
Background: The proposed sign program amendment is requested for three (3) revisions. The first
revision is to incorporate.the proposed fuel station that will replace an existing multi-tenant pad building
at the northwest corner of the existing shopping center. The fuel station will be operated by Ralphs as a
subsidiary and operates similarly to the fuel stations operated by Costco and Albertsons. The second
revision is to add monument signs for the overall shopping center. The third revision is to change some
of the text within the existing sign program. The remainder of the sign program; including the
construction, and design requirements for wall signs;•category definitions, i.e. "Major Tenant", "Minor
Tenant", etc.; sign restrictions, and tenant responsibilities will remain unchanged. .
Design Parameters:
Revision No. 1: The fuel station will have one (1) wall sign that will be located on the west elevation of •
the canopy. This wall sign will be comprised of a logo and text; the maximum height dimensions for both
will be 34 inches and 24 inches, respectively. The overall length of the combined sign will be about
17.4 feet. The sign will have a depth of 5 inches. The overall area of the sign will be 48.6 square feet.
Consistent with the other signs within the shopping center, the text of the sign will be fabricated channel
letters, while the logo will be a box. The colors and fonts will be the trademark colors of the fuel station.
No wall signs are proposed on the other elevations.
Revision No. 2: There are two monument signs presently on the property — one along Base Line Road
and another along Haven Avenue. The amendment adds one (1) more monument sign to each street
frontage for a total of two (2) new monument signs and a total of four (4) monument signs overall. The
new monument sign on Haven Avenue will be dedicated solely to the fuel station. The new sign will be
limited to the name of the fuel station and fuel pricing information. The other new sign on
Base Line Road will be for the other tenants within the shopping center, i.e. a general monument sign.
The amendment includes a redesign of the existing general monument signs to match the new signs.
The new signs will have an overall height of_8.5 feet and width of approximately 9 feet. These signs will
incorporate a curvilinear cornice to match similar architectural features of the shopping center.
Revision No. 3: The amendment includes revisions in text that removes discussion of under-canopy
(colonnade) wood signs (Pages 2 and 4), adds discussion graphics regarding the signs for the fuel
station (Pages 3, 5 — 7, 9, and 10), and graphics for the new monument signs (Pages 8). A copy of the
original sign program is provided for comparison.
The majority of the sign program will be unchanged; therefore, staff has no concerns that the changes
will unduly affect the existing tenants or render their corresponding signs non-compliant with the sign
program, nor will the changes to the sign program alter what will be required for signs for future tenants. •
Generally, the sign program will continue to comply with the standards and guidelines set forth in the
Sign Ordinance. Each monument sign will be a minimum of 300 feet from the nearest monument sign on
the same street frontage as required by the Ordinance, Section 14.20.100, Class 2. The monument
B & C- 24
DRC ACTION AGENDA
• DRC2010-00537 — SIGNS AND SERVICES CO.
September 14, 2010
Page 2
signs comply with the City's design standards. The proposed font and colors of the logo and text at the
fuel center are corporate trademarks. The dimensions of the text and logo are consistent with this type
of tenant. Although it is Department policy to allow the logo of the gas station operator on the canopy, it
is not the policy to allow the name of the operator on the canopy. Staff acknowledges that there is no
convenience store on which to place a sign, the kiosk is relatively small, and the pad elevation of the
kiosk is several feet below the finished surface of Haven Avenue. Therefore, the canopy is the most
logical place for a sign. This will require further discussion.
There are some technical issues that need to be resolved and/or corrected. The applicant proposes in
the text of the program that Ralphs may have up to four (4) signs —three (3)for the supermarket and one
(1) for the fuel station. However, per the Ordinance, the maximum number of signs per tenant is three
(3) signs. According to discussions with the architect processing the application for the fuel station, the
fuel station and the supermarket will be operated as separate business entities — this will require further
. discussion.
The applicant has also excluded information regarding the sign area of each monument sign. Per the
Ordinance, the maximum sign area for service station signs is 36 square feet while the maximum sign
area for the other monument signs is 24 square feet. The sign area will have to be verified to ensure that
it complies with the Ordinance and provided in the graphics/text. The applicant has proposed a
monument sign height of 8.5 feet. However, according to the Ordinance, the maximum permitted height
• of the fuel station monument sign is 8 feet. The maximum permitted height of the general monument
signs is 6 feet when there is more than one monument sign per street frontage. The overall height of the
monument signs will have to be reduced accordingly.
Staff Comments: The following comments are intended to provide an outline for Committee discussion.
Major Issues: The following broad design issues will be the focus of Committee discussion regarding this
project.
1. Staff requests discussion regarding the number of signs Ralphs is permitted. If the fuel station and
supermarket are considered one business entity, the maximum number of signs permitted is three
(3) signs. If the fuel station and supermarket are considered separate business entities, the
maximum number of signs permitted is three (3) signs per entity for a total of six (6) signs that will
include the name "Ralphs."
2. Staff requests discussion regarding the signs on the canopy and whether it is permissible to have
both the name of the operator and the logo.
3. Provide dimensions for the sign area of each monument sign. The maximum sign area for a
service station sign is 36 square feet, while the maximum sign area for the general monument
signs is 24 square feet.
4. Reduce the height of the fuel station monument sign and the general monument signs to 8 feet and
6 feet, respectively, to comply with the Sign Ordinance.
Secondary Issues: Once all of the major issues have been addressed, and time permitting, the
• Committee will discuss the following secondary design issues.
B & C- 25
DRC ACTION AGENDA
DRC2010-00537 — SIGNS AND SERVICES CO. •
September 14, 2010
Page 3
1. Provide detailed design/construction information for the monument signs.
2. Revise the elevations of the fuel station kiosk and canopy (Page 9) so that they are consistent with
the current proposal submitted by the architect. Also, remove the logo on the west elevation of the
kiosk as only one identification sign is permitted per street frontage. If there is a logo proposed on
the east elevation, that location needs to be shown on an elevation sheet and on the site plan.
3. Revise the "Summary of Sign Criteria" of the original sign program to incorporate the changes
proposed by this amendment.
Policy Issues: The following items are a matter of Planning Commission policy and should be
incorporated into the project design without discussion.
1. The applicant is advised that any future changes to this sign program will require an application and
fee to amend this Uniform Sign Program for review and approval by the Planning Director and/or
the.Design Review Committee.
• Staff Recommendation: With the issues identified above, staff recommends that the Uniform Sign
Program Amendment be approved. Corrections to the text/graphics and design/construction information
can be coordinated with staff. The revised/corrected sign program shall be provided to staff for
verification prior to forwarding the document to the Planning Commission for review and action. •
Design Review Committee Action:
The Committee reviewed the amendment to Uniform Sign Program No. 64 and deemed it acceptable for
forwarding to the Planning Director for review and action. The Committee discussed the issues and
concluded that Ralphs Gas and Ralphs Market were separate entities and that each would be permitted
to have three signs (maximum). They also determined that a sign on the canopy that included the logo
and name of the gas station was acceptable. The applicant indicated that they wanted one of their gas
pricing and identification signs to be along the Base Line Road street frontage. However, staff pointed
out that as the project site did not have adjacency to that street; technically, such a sign would be off-site
and therefore not permitted per the Sign Ordinance. The applicant then requested approval to move
their other proposed sign from the corner of Haven .Avenue and Valencia Avenue further south for
improved visibility. This was deemed acceptable provided that the separation between the gas
pricing/identification sign and the new shopping center tenant/identification sign that is also proposed
along Haven Avenue complied with the Sign Ordinance regarding the required minimum distances
between monument signs on the same street frontage. There were also some revisions to the text and
graphics requested by staff that needed to be verified. Staff and the applicant were directed to
coordinate all of the revisions.
Members Present: Munoz, Granger
Staff Planner Mike Smith
•
B & C- 26
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EXHIBIT M
B & C- 27
•
•
CITY OF RANCHO CUCAMONGA
Mike Smith
City of Rancho Cucamonga SEP 1 6 2010
10500 Civic Center Drive
Rancho Cucamonga, CA 91730 RECEIVES PLANNING
RE: Ralphs Fuel Center bctC9,O%.0 • OU3'4r, • QC3`Ib7
As a property owner near the Terra Vista Village Shopping Center, I am strongly opposed
to the proposed Ralphs Fuel Center at Haven Ave and Valencia Ave.
The proposed fuel center will add more traffic to an existing dangerous intersection. First,
Valencia is often used by rush-hour traffic as a passage to avoid the traffic lights at Haven
and Baseline, and many drivers exceed the posted speed limit. Valencia is often unsafe for
cyclists and pedestrians who are going to and from the walking trail. The added traffic
exiting from the gas station onto Valencia will certainly increase the existing unsafe
situation at this intersection. •
Secondly a•gas station at this site will have negative consequences, i.e., constant noise and
more vehicles idling, so I am very concerned what environmental impact this could have •
on our neighborhood. Presently there are six to seven gas stations operating within 1 to
I miles from the proposed site, therefore;it makes no sense to built another gas station
at this intersection. Additionally I don't believe a 24-hour gas station is conducive or safe
for the residents that live close to the shopping center.
The consensus from the 25-30 residents who attended the 9/13/10 community meeting
was clearly stated, "we do not want a gas station here." I sincerely hope that the city and
Ralphs will fully consider all the community's concerns and reconsider the proposed
Ralphs Fuel Center.
Sincerely,
•
•
• r?
cc: Ralphs #717 Management
•
•
•
•
EXHIBIT N
B & C- 28
E A4rt!RENCE
•
10650 Wildrose Drive
• Rancho•Cucamonga, CA 91730
909-481-479.1
909-481-4792 Fax
• • gt289 @sprintrnail:com
•
September 15, 2010
Mike Smith, Associate Planner
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
NRc26ta 0041 , • 00,1
Dear Mr. Smith:
As per your request at last night's Community Meeting on the proposed Ralph's Fuel Center
(DRC2010-00348 and DRC2010-00348D), I am sending this letter to voice a number of my
concerns, several of which you are already aware of from the meeting.
These are in no particular order....
1) From a traffic standpoint, I've really got issues with the "T" intersection at Haven and
Valencia.This intersection is not regulated with a traffic light. Just as it is right now, it's already a
• fairly hazardous place. I walk a dog through there every day, sometimes twice, in the morning
and afternoon. I've grown accustomed to looking over my right shoulder while going south in
•
the crosswalk. I've nearly been hit twice. It's that bad.
(On a particularly close call, I chased down one of the offenders,who turned out to be one of
the store proprietors in the Terra Vista Shopping Center itself)
If a fuel center is put there, that will become a really problematic entrance and exit
intersection for the increased traffic that the fuel center will brina. During "rush hour", the
southbound vehicular traffic turning left onto Valencia is already backing up into
Haven, while they're waiting for the opposing traffic. A fuel center there will exacerbate this
already existing issue.
A traffic signal can't really be placed at Valencia & Haven either. There's one at Baseline, one
at the Pacific Electric Trail, one at Victoria and one at 19th. If there was one at Valencia, that
would be a traffic signal roughly every 100 yards, all the way to the 210 freeway.
It's just a matter of time before a serious accident/fatality occurs at Haven & Valencia-
with the addition of the proposed Ralph's Fuel Center at that location the arrival of that date
will be much sooner.
2) Fuel trucks making deliveries are going to exit where? They're going to have to go through
the parking lot to get to any exit.
3) There's actually three gas stations 1 mile north, above the 210 freeway, George's 76 on the
right and two stations a block apart on the West side of Haven.
Down South, there's a fairly new Mobil station and convenience store, not even a mile
in distance. Out West there's a station at Archibald, about 1 mile away and going East
from Haven there's a Shell on Milliken, which is a mile away. CITY OF RANCHO CUCAMONGA
• We REALLY don't need or want another gas station.
SEP 16 20th
B & C- 29 RECEIVED - PLANNING
2
4) From last night's community meeting, if is now my understanding that the La Petite Academy •
location (across from the proposed Ralph's Fuel Center) will be re-opening as a child daycare.
From an environmental standpoint, having a gasoline fuel center in close proximity to a daycare
seems to be at odds. It also would appear to fly in the face of the City of Rancho Cucamonga's
current initiative known as Healthy RC- basically project director James R. Troyer's "kids first"
health based program that the city is espousing. (http://www.healthyrc.info/)
5) The 24 hour proposed window of operations for the Ralph's Fuel Center is in direct conflict with
the mode of operation of the majority of businesses in the Terra Vista Village Shopping Center. By
8 PM the Terra Vista Center is pretty quiet on most nights. The only exception would be Friday
and Saturday. With the exception of Ralphs, Petco, Blockbuster and restuarants like Coco's, Stuft
Piaa and Salcitas, most of the shops are closed at 6PM.
Although one person at the Community Meeting last night was saying that it is a "curfew
location" - I can't speak to that, but the Terra Vista Village Shopping Center is nowhere near a
24 hour business entity.
6) Several members of the audience during the Community Meeting mentioned a concern for
increased crime that could come hand-in-hand with the Ralph's Fuel Center. I don't think this
can be taken too lightly. There already have been several incidents over the years and the
escape route has traditionally been the residential area directly North of the shopping center. .
This tendency to stop and rip-off Ralphs had been battled by keeping their South-most doors
locked after 7PM. I really don't think we need to add "fuel to the fire" by building the proposed
gas station.
7) Someone in the Community Meeting brought up Ralph's core values and how their decision
to continue to pursue this Fueling Center is somewhat at odds with the values that they claim to •
espouse. Particularly the Ralph's statement of "doing what's right for our associates and
customers," " valuing opinions, properly and perspectives of others" and "that customers shop
in a safe environment." To us, the homeowners in the immediate vicinity of the Terra Vista
Village Shopping Center, we feel as if this process is purely a Ralph's business decision and no
one really cares about how the populace feels- basically it's all about Ralph's bottom line.
Sin ely,
Lawrence Devereux
•
B & C-30
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• •T • • - • • - • — - . • - • •
- ; -CITY OF RANCHO CUCAMONGA . . . _ .
_ 1 (
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'
, SEP 2 2010 •g4,C ,
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RECENED -7.-PLANNING v7as- -,.(16U/k,14124.1. kibett
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• • . -
CITY OF RANCHO CUCAMONGA
SEP 2 0 2010 September 14, 2010
•
RECEIVED - PLANNING
To the Rancho Cucamonga Planning Commission and Mr. Mike Smith,
I am writing to express my concerns regarding the proposed Ralphs fuel center located at
7201 Haven Avenue. File Number DRC2010-00348 and DRC2010-00348D.
After attending the community meeting last night, I have several serious objections
regarding this project. I respectfully ask that the members of the planning committee please
consider the objections that I and many neighbors have regarding the negative impact this is
going to have on our lives.
Ralphs has applied for and received a conditional operating permit. They requested a 24
hour permit. My bedroom door is 50-60 yards from the proposed site. I ask each of you if you •
would care for this in your bedroom?The noise would be awful. Ralphs currently is a curfew
store. They cannot receive loads and perform certain tasks after 10 p.m. until 7 a.m. We have
placed many calls already for trash trucks moving dumpsters at 4 in the morning, power
washers at 2 in the morning. We have had, at times, Semi-trucks park behind the center near
the proposed site, their compressors going on and off all night long. I would have NEVER bought
a house across the street from a gas station. Noise is problem one. I ask, would you give your
approval if this was your house?
Next is increased traffic into our neighborhood. These are the statistics we were given last
night. Ralphs is estimating 240,000 gallons of fuel to be delivered a month. They are planning to
bring the tankers onto Valencia into the center for offloading.Tankers have a carrying capacity
of 8,500 gallons, which means 28-29 deliveries a month. According to Ralphs estimates that is
almost a daily delivery of fuel. Valencia is not intended for big rigs. Can the engineers not plan
for a way to keep the tankers off Valencia? It's a small street intended to take people onto the
streets behind the proposed site. Ralphs claims their intention is NOT to increase traffic into the
area. They estimate 25%of their current grocery shoppers will be using the fuel center. Right •
now the average fill is 14 gallons. So Ralphs is estimating 17,142 fills in the station a month.
B & C- 32
• store is not losing money and I resent the fact that they use this as a scare tactic. They claim it
would be worse for us and our property values to have them pull out and leave an empty retail
center.This location is making money and is not at risk of closing.
I do understand that economic times are tough. I don't fault Ralphs or Lewis for attempting
to increase their success. I just don't believe that it should so negatively impact the lives of the
neighbors who are supporting them. Ralphs core values, Integrity, Respect, Safety, Diversity,
Inclusion and Honesty. Doing the right thing can at times require sacrifice. In my opinion this
proposal is NOT being respectful of the very people supporting them.
Please consider my objections and the impact this proposal will have on the neighbors. Again,
we do not want or need another fuel station.
Sincerely,
• Toni Alvarez
10575 Evergreen Drive
Rancho Cucamonga,"Ca 91701
909-941-9496 •
CC: Paul Biane
• Donald Kurth
B & C- 33
rage i or z
Smith, Michael
From: Megan Boling [megan @protect-your-wealth.com] •
Sent: Wednesday, September 22, 2010 9:29 AM
To: Smith, Michael
Subject: Gas Station at Ralph's on Haven and Valencia
Importance: High -
This letter is a request to NOT open the 24 hour gas station on Haven and Valencia!
Here are my outlined reasons below:
1. It will be so close to the residents all of the neighbors don't want it! 2. There is
no option for the city to put a signal in at Valencia and Haven. Haven has a
speed limit of 50 mph and Valencia is 35 mph. 3. Children are using the
crosswalk now and having to walk across 3 lanes of traffic without any
assistance of a signal. 4. Many accidents have happened on Valencia, many
required calling 911 with medical response and vehicles having to be towed. 5.
There are already 6 gas stations within 2 miles, we really don't need another
one. 6. Ralphs stated (at the community meeting) that they anticipated
delivering 60,000 to 70,000 gallons of gasoline each week. Approximately
• 3,000 vehicles will visit the station each week. Too many vehicles in a
residential area. 7. Some houses in the neighborhood will be 150 FEET from
the gas station, traffic, and deliveries! 8. Property values will drop. •
•
As a local resident, please take this into serious consideration as this community in
• NOT happy with this proposal!
Thank you,
Megan Boling
Paralegal
Dennis M. Sandoval, A Professional Law Corporation
3233 Arlington Avenue Ste 105
Riverside, CA 92506
951-787-7711
951-786-9813(Fax)
megan@crotect-your-wealth.com
websites:
www.protect-vour-wealth.com
www.cal-elder-lawver.com
www.ficht-the-taxman.com
This message may contain PRIVILEGED AND CONFIDENTIAL INFORMATION that
•
may be protected by the ATTORNEY-CLIENT PRIVILEGE and is intended only for
use by the addressee named above. This e-mail is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521 and is only intended for the use •
of the intended recipient. Any use, review, retransmission, dissemination, copying or
other use of, or taking of any action in reliance upon this information by persons or
9/22/2010 B & C- 34
Smith, Michael
From: Simone Pacheco [dsgpacheco @verizon.net]
went: Friday, September 17, 2010 7:47 AM
o: Smith, Michael
Cc: cemcneil @hotmail.com
Subject: Proposed new gas station @ haven/Valencia
citsx Q• ao t , •007,4r p
> To whom it may concern:
> I would like to state my opposition to the proposed placement of a gas station at the
intersection of Haven and Valencia. I do not think it' s benefits outweigh the potential
risks (ie: increased traffic flow in a residential area) . Not to mention the negative
effects it will have on the home value of the surrounding properties.
> Thank you,
> Simone Pacheco
>• Sent from my iPad
•
•
•
1
B & C- 35
Page 1 of 1
Smith, Michael
From: Michael Griffin [spahnranchero @verizon.net] •
Sent: Wednesday, September 15, 2010 1:11 PM
To: Smith, Michael
Subject: HavenNalencia Gas Station W.0 2010• Q034t, • 0031.IFp
Michael Smith,
I am concerned about the building of a gas station in the Ralph's shopping center on the corner of Haven and Valencia. It is
difficult enough for families to raise their children properly with what Rancho Cucamonga has to offer. I was born and raised in
Claremont, and we have a Birkenstock store,jazz and fondue club, and a private liberal arts consortium of colleges within our
city boundaries. Rancho has none of these,and should consider these inadequacies before giving the nod to the building of
another gas station. What sort of zoning message are you sending when parents buying groceries with their children are forced
to expose their young ones to the obscene outbursts produced by the syphilitic minds of gas station loiterers? As an alternative,I
would like to propose that you suggest to Ralph's that they consider contemplating the idea of brainstorming the construction of
an establishment that breathes life into the anemic cultural atmosphere of Rancho Cucamonga. Thank you for your time.
-Michael Griffin, Concerned citizen of the culturally rich city of Claremont
•
•
•
9/21/2010 B & C- 36
Page 1 of 1
Smith, Michael
• From: Michael Phillips of Rseay [staff.rseay @farmersagency.com]
Sent: Friday, January 28, 2011 2:06 PM
To: Smith, Michael
Subject: Gas Pumps on Haven and Basline
To Whom It May Concern,
I am sending you this email regarding the proposed gasoline pumping station on Haven Ave and
Valencia Ave. I feel that this pumping station does not serve the best interest of the community.
One of the concerns that my wife and I have is the environmental impact to the surrounding
community, due to accidental and residual spilling.
I am concerned about the traffic congestion that would happen do to an increased frequency and
volume of vehicles entering and exiting the shopping center. There was mention that a traffic light
maybe added to that intersection of Haven Ave and Valencia Ave. By adding a traffic signal at that
location would severely disrupt the flow of traffic even if the light is synchronized with the signal on
Baseline. That is because just a few hundred feet north of the proposed pumping station is a traffic
signal for the "Pacific Electric Bike Trail". The light for the bike trail is initiated by a person pushing
a button. It does not take much to foresee traffic congestion to become unmanageable; frustrating
residents and the movement of emergency vehicles.
There is no public need for a pumping station at that location. There are currently three pumping
• stations just north of Hwy 210 and another one off of Town Center Drive. My wife and I cannot
find a need or reason for a pumping station at this location. We feel that the public would best be
served by not allowing this pumping station to be approved.
Thank you for your service to the residents and visitors of Rancho Cucamonga.
Thank You,
Michael Phillips
(909) 527-8375—Office
(909) 260-5921—Cell
(909) 527-8365—Fax
staff.rseav(cffarm ersaaencv.com
•
B & C- 37
2/7/2011
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fiedlergro
frchhc:tum'Enginecrinq•Planning.•Prnlect M,anagorncvt
November 17, 2010
Mike Smith
City of Rancho Cucamonga Planning Department CRY OF RAN
OHOCUCdMONG�
10500 Civic Center Drive
Rancho Cucamonga, Ca 91729
N()jS 1 Z�11j
Subject: File No. DRC2010-00348 and DRC2010-00348D if �fy��°PMNNIN
Community Response
Dear Mr. Smith,
•
Response to community questions from the outreach meeting of 9/13/10:
1. Compatibility with the neighborhood including the need for a new gas station,
property values and oversaturation of gas stations in the area.
• The nearest gas station is .75 miles away from proposed fuel station.
There are 28,000 people within one mile of proposed site and 97,000 •
people within two miles of site.
• The property is zoned for commercial use and is located within an existing
commercial retail shopping center which is compatible with the proposed
fuel station.
• We are unaware of any negative impact to property values due to fuel
stations and the site is located within a larger retail shopping center
offering neighborhood commercial services compatible with the proposed
the fuel station.
2. Noise emanating from the site caused by loud stereos, running engines, and
deliveries especially late at night and early in the morning.
• No deliveries will be made during curfew hours.
• Noise and running engines should not be more than the current use of
Burger King drive-through
3. Glare from the canopy and parking lot lights projecting onto the neighboring
residences especially late at night and early in the morning.
• We will use non glare and directional lights that will not exceed mandated
photometric (photometric exhibit has been included in the applicant
submittal package) •
E XEl I B I1 0 Los Angeles,California 90057-1906 • Phone:213-381-7891 •Fax:213-381-1517
B & C- 38
DRC2010-00348 November 17, 2010
• 4. Hours of operation of the facility and the need to be open 24 hours and the
resulting impacts.
• • All of our current fuel centers operate 24 hours and we have no issues
with security.
• Seven of ten gas stations within a 3 mile radius of the proposed gas
station currently operate 24 hours.
• There is a night manager on duty at the grocery store in case of any
emergencies
5. On/off-site circulation and timing of the fuel truck via Valencia Avenue and
relationship of the delivery cycles with traffic along that street and the safety of
drivers and pedestrians.
• Trucks will enter on Valencia via Haven and exit on Haven. Delivery
trucks for fuel center will not drive past the first driveway east on Valencia.
• Deliveries will occur during manned operation only. The deliveries will
adhere to the current curfew hours.
• Applicant completed a traffic signal warrant study per the requirements of
City Traffic Engineering Department and will be assessed a traffic impact
fee•to mitigate the project impact at this intersection.
• 6. Criminal activity due to the presence of the gas station.
• Fuel center is equipped with security cameras that are monitored 24 hours
a day by Kroger security.
• The area under the canopy is illuminated at night for safety and to deter
loitering.
7. Traffic at the intersection of Haven and Valencia that is not signalized and
speeding on both Haven Avenue and Valencia Avenue
• This is an existing condition at the intersection according to community
comments. The existing condition is not related to the proposed project.
• Applicant completed a traffic signal warrant study per the requirements of
City Traffic Engineering Department and will be assessed a traffic impact
fee to mitigate the project impact at this intersection.
Respectfully,
Erika Skeie
Project Manager
•
fiedlergroup©2010 2 of 2
I:\projects\13283\Project Management\100 Correspondence\20 Municipal-Malty\13283-2010-11-8 Response Ltr.doa
B & C- 39
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EXHIBIT P _
B & C- 40
- ::Print Form M
' ,..;a ENVIRONMENTAL
'F' INFORMATION FORM
=S.,p = (Part I - Initial Study)
City of Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the next line.)
Planning Department
(909)477-2750
The purpose of this form is to inform the City of the basic components of the proposed
project so that the City may review the project pursuant to City Policies, Ordinances, and
Guidelines; the California Environmental Quality Act; and the City's Rules and
Procedures to Implement.CEQA. It is important that the information requested in this
application be provided in full. •
Upon review of the completed Initial Study Part I and the development application,
additional information such as, but not limited to,traffic, noise,biological,drainage, and
geological reports may be required. The project application will not be deemed complete
'unless the identified special studies/reports are submitted for,review,and,accepted.as
complete and adequate. The project application will not:be scheduled-for Committees'
review unless all.required reports are submitted-and deemed complete for staff to
prepare the Initial;Study Par 'ILas required by CEQA ` In addition to the filing.fee; the ...
applicant will be responsible to.pay or reimburse the City, its'agents,.officers,`<and/or
consultants for all costs for the preparation, review, analysis, -recommendations,
mitigations, etc., of"any special:studies:or reports
GENERAL INFORMATION: •
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that
the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing
information.
Application Number for the project to which this form pertains: DFC' o67 -Q cp c Cow- C 1/Q
0
Project Title: Ralphs Fuel Center#717
Name&Address of project owner(s):
LDC Terra Vista Village, LLC, Rick Manners
1156 N. Mountain Ave, Upland;,;CA 91786
Name&Address of developer or project sponsor:
Ralphs, Jeff Olsen
1100 W. Artesia Blvd, Compton, Ca 90220
•
Contact Person&Address:
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 1 of 10
EXHIBIT Q B & C- 41
Fiedler Group, Erika Skeie
2322 W. Third Street, Los Angeles, Ca 90057
• Name &Address of person preparing this form (if different from above):
Telephone Number:
231-381-3478
PROJECT INFORMATION & DESCRIPTION:
Information indicated by an asterisk(*)is not required of non-construction CUP's unless otherwise requested by staff
*1; Provide a full scale(8-1/2 x 11)copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the
site boundaries.
2; Provide a set of color photographs that show representative views into the site from the north, south, east, and west;
views into and from the site from the primary access points that serve the site;and representative views of significant
features from the site. Include a map showing location of each photograph.
3) Project Location(describe): 7201 Haven Ave
Site is located within the Terra Vista Village Shopping Center at the N/E corner of Baseline Road and
Haven Ave.
• 4) Assessor's Parcel Numbers(attach additional sheet if necessary): 1076-481-25 thru 35
*5) Gross Site Area (ac/sq. ft.): 36,280 sq ft
*6) Net Site Area(total site size minus area of public streets&proposed 36,280 sq ft
dedications):
7 Describe any proposed general plan amendment or zone change which would affect the project site
(attach additional sheet if necessary):
N/A
• 8 Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Peril.doc • Page 2 of 10
8 & C- 42
agencies in order to fully implement the project:
The project will require approval of CUP with the City of Rancho Cucamonga, building permits with the •
City of Rancho Cucamonga, Fire Department approval and South Coast AQMD permit for the fuel station
9. Describe the physical setting of the site as it exists before the project including information on topography, soil stability,
plants and animals,mature trees,trails and roads,drainage courses,and scenic aspects. Describe any existing structures
on site(including age and condition)and the use of the structures. Attach photographs of significant features described.
In addition,cite all sources of information(i.e.,geological and/or hydrologic studies,biotic and archeological surveys,traffic
studies):
Site is developed as a Blockbuster Video store within a larger shopping center built approximately 25 years a11
Center includes a Ralphs Grocery, PetCo, Starbucks, Citibank, several eateries and other retail services.
The site has 30' Landscape Buffer along the project frontage of Haven Ave and Valencia Ave. and landscape
walks and tree wells throughout the shopping center.
•
•
10 Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports
and oral history):
Site is part of a larger shopping center that has been at this location for approximately 25 years
•
•
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 3 of 10
B & C- 43
11 Describe any noise sources and their levels that now affect the site(aircraft,roadway noise, etc.)and how they will affect
proposed uses:
• Terra Vista Village Center is located at the intersection of Baseline Road and Haven Ave and roadway
noise currently affects the site. The roadway noise will not impact the operation ability of the proposed
fuel station
12 Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use
that will result from the proposed project. Indicate if there are proposed phases for development, the extent of
development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s)if
necessary:
Proposed project is the demolition of the existing 7201 Building for the construction of a fuel station.
The fuel station will have 5 multi-product dispensers under one canopy of 145'in length and 24'wide.
A cashier kiosk will be located under the canopy and is 179 sq ft.
The construction of the fuel station is to be completed in one phase of development
The estimated construction time 12 weeks
•
13 Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic
aspects. Indicate the type of land use(residential,commercial,etc.),intensity of land use(one-family,apartment houses,
shops, department stores, etc.)and scale of development(height, frontage, setback, rear yard, etc.):
The Terra Vista Shopping Center is bordered by Baseline Road on the South, Haven Ave. on the West
and Valencia Ave on the North and East. Residential lots surround the center in all directions. The rear or
• side yards of the residential lots abut the roadways bordering the shopping center. There is an abandoned
day care facility directly North of the site on Valencia Ave whose front yard faces the shopping center.
14 Will the proposed project change the pattern, scale, or character of the surrounding general area of the project?
The proposed project will not change the pattern, scale or character of the surrounding area. The fuel
station will add retail service that is not available in the existing shopping center which offers a wide range
of goods and services to the local vicinity
•
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partt.doc Page 4 of 10
B & C- 44
•
15 Indicate the type of short-term and long-term noise to be generated,including source and amount. How will these noise
levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed?
In the short term the proposed project will generate construction noise. The anticipated construction •
duration is 12 weeks and will be conducted during the hours permitted by city code. Long term noise impacts
will not differ from the car and delivery traffic that currently occurs at the Terra Vista Village Shopping Center
'I S Indicate proposed removals and/or replacements of mature or scenic trees:
The proposed project does not propose the removal of trees that exist in the landscape buffer along Haven A
and Valencia Ave.
17, Indicate any bodies of water(including domestic water supplies)into which the site drains:
18 Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please •
contact the Cucamonga Valley Water District at 987-2591.
a. Residential(gal/day) Peak use(gal/Day)
•
1000gal/day/ac
b. CommercialAnd. (gaVday/ac) Peak use(gamin/ac)
19 Indicate proposed method of sewage disposal. ❑ Septic Tank 0 Sewer.
If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate
expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the
Cucamonga Valley Water District at 987-2591.
a. Residential(gal/day)
b. Commercial/Industrial(gat/day/ac) 100Qp
RESIDENTIAL PROJECTS: ca
20, Number of residential units:
Detached(indicate range of parcel sizes, minimum lot size and maximum lot size:
Attached(indicate whether units are rental or for sale units):
•
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 5 of 10
• B & C- 45
21 Anticipated range of sale prices and/or rents:
• Sale Price(s) $ to $
Rent(per month) $ to $
22, Specify number of bedrooms by unit type:
•
23, Indicate anticipated household size by unit type:
24 Indicate the expected number of school children who will be residing within the project: Contact the appropriate School
Districts as shown in Attachment B:
a. Elementary:
• b. Junior High:
c. Senior High
COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS
25, Describe type of use(s) and major function(s)of commercial, industrial or institutional uses:
Retail Commercial: Retail Fuel Sales
26, Total floor area of commercial, industrial, or institutional uses by type: Fuel canopy is 3,480 sqft of retail sale area
27, Indicate hours of operation: Site will operate 24 hours per day. The kiosk will be attended between the
hours of 6am- 10pm. The site will operate unattended between 10pm-6am
28) Number of employees: Total: 4
Maximum Shift: 8 hours
-• . Time of Maximum Shift: 6:00am- 2:30pm
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Patti.doc Page 6 of 10
B & C- 46
29 Provide breakdown of anticipated job classifications,including wage and salary ranges,as well as an indication of the rate o
hire for each classification(attach additional sheet if necessary):
Fuel Clerk $8.25/hour •
Lead Fuel Clerk$10.25/hour (negotiable)
30, Estimation of the number of workers to be hired that currently reside in the City:2 (additional positions from main stoLE
*31. For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be
verified through the South Coast Air Quality Management District, at(818) 572-6283):
•
ALL PROJECTS
3g Have the water,sewer,fire,and flood control agencies serving the project been contacted to determine their ability to provide
adequate service to the proposed project? If so,please indicate their response. •
No, the site is located within an existing shopping center currently serviced by the agencies above
•
33 In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials:)
Examples of hazardous and/or toxic materials include, but are not limited to PCB's;radioactive substances;pesticides am
herbicides;fuels,oils,solvents,and other flammable liquids and gases. Also note underground storage of any of the above
Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, i
known.
Not to our knowledge
•
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partt.doc Page 7 of 10
B & C-47
• 34,, Will the proposed project involve the temporary or long-term use,storage,or discharge of hazardous and/or toxic materials
including but not limited to those examples listed above? If yes,provide on inventory of all such materials to be used am
proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown ant
labeled on the application plans.
The site will store vehicle fuel in underground storage tanks as dopicted on the site plan
•
35 The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees
apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the
Planning Commission/Planning Director hearing:
I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for
adequate evaluation of this project to the best of my ability,that the facts,statements,and information presented are true and correct
tot he best of my knowledge and belief. I further understood that additional information may be required to be submitted before an
adequate evaluation can be made by the City of Rancho Cucamonga.
r
it /9 / L /- ��'
Date: Oil I Signature: L.
i
/ 11Title: r C?j / 1/7x1 er- C
• . .
. .
•
. .
• 1:1PLANNING IFINALIFORMSICOUNTER1lnllial Study Partt.doc Page 8 of 10
B & C- 48
•
ATTACHMENT "A"
CITY OF RANCHO CUCAMONGA •
ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT
(Data Provided by Cucamonga Valley Water District February 2003)
Water Usage
Single-Family 705 gallons per EDU per day
Multi-Family 256 gallons per EDU per day
Neighborhood Commercial 1000 gal/day/unit (tenant)
General Commercial 4082 gal/day/unit (tenant)
Office Professional 973 gal/day/unit (tenant)
Institutional/Government 6412 gal/day/unit (tenant)
Industrial Park 1750 gal/day/unit (tenant)
Large General Industrial 2020 gal/day/unit (tenant)
Heavy Industrial (distribution) 1863 gal/day/unit (tenant)
Sewer Flows
Single-Family 270 gallons per EDU per day •
Multi-Family 190 gallons per EDU per day
General Commercial 1900 gal/day/acre
Office Professional 1900 gal/day/acre Institutional/Government
Industrial Park 3000 gal/day/acre
Large General Industrial 2020 gal/day/acre
Heavy Industrial (distribution) 1863 gal/day/acre
Source: Cucamonga Valley Water District
Engineering & Water Resources Departments,
Urban Water Management Plan 2000
•
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 9 of 10
B & C-49
•
ATTACHMENT B
• Contact the school district for your area for amount and payment of school fees:
Elementary School Districts
Alta Loma
9350 Base Line Road, Suite F
Rancho Cucamonga, CA 91730
(909) 987-0766
Central
10601 Church Street, Suite 112
Rancho Cucamonga, CA 91730
(909)989-8541
Cucamonga
8776 Archibald Avenue
Rancho Cucamonga, CA 91730
(909)987-8942
Etiwanda
6061 East Avenue
P.O. Box 248
Rancho Cucamonga, CA 91739
(909)899-2451
High School •
• Chaffey High School
211 West 5th Street
Ontario, CA 91762
(909)988-8511
•
I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partt.doc Page 10 of 10
B & C- 50
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•
•
4 City of Rancho Cucamonga sia•• �V ENVIRONMENTAL CHECKLIST FORM
INITIAL STUDY PART II
ot
BACKGROUND
1. Project File: Development Review DRC2010-00348D
2. Related File: Conditional Use Permit DRC2010-00348
3. Description of Project: A proposal to demolish an existing building at 7201 Haven Avenue to
construct a gas station consisting of five (5) dispensers; a kiosk, and overhead canopy within an
existing shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community
Plan (TVCP) located at the northeast corner of Haven Avenue and Base Line Road;
AP N: 1076-481-25.
4. Project Sponsor's Name and Address:
Erika Skeie
Fiedler Group
2322 W. Third Street
Los Angeles, CA 90057
5. General Plan Designation: Neighborhood Commercial
• 6. Zoning: Neighborhood Commercial (NC) District, Terra Vista Planned Community (TVPC)
7. Surrounding Land Uses and Setting: The project site is located within a shopping center of
approximately 556,000 square feet (12.8 acres) that is approximately 884 feet (parallel to
Base Line Road) by approximately 884 feet (parallel to Haven Avenue). The shopping center is
comprised of thirteen (13) buildings with a combined floor area approximately 132,000 square
feet. Of the 13 buildings, seven (7) of them are contiguous to each other and form a single,
inverted L-shaped 'strip' that is generally located at the northeast corner of the site. The other five
(5) buildings are single-tenant pad buildings or multi-tenant buildings which are located along the
• street frontage along the south and west sides of the site. The specific location of the project site
is at the northwest corner of the shopping center near the intersection of Haven Avenue and
Valencia Avenue. The area of work is presently developed with a 7,232-square foot building
principally occupied by Blockbuster. With the exception of a daycare facility at the northeast
corner of Haven Avenue and Valencia Avenue, the shopping center is bound on all sides by
single-family residential development. The zoning of the center is Neighborhood Commercial
(NC) District, Terra Vista Community Plan. The zoning of the properties to the north and east is
Low-Medium (LM) Residential District, Terra Vista Community Plan. The zoning of the properties
to the south. is Medium and Low-Medium (LM) Residential District, Terra Vista Community Plan.
The zoning of the properties to the west is Low (L) Residential District.
8. Lead Agency Name and Address:
City of Rancho Cucamonga
Planning Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
• 9. Contact Person and Phone Number:
Mike Smith
Associate Planner
(909)477-2750
•
B & C- 55
•
Initial Study for City of Rancho Cucamonga
Development Review DRC2010-00348D Page 2
10. Other agencies whose approval is required (e.g., permits, financing approval, or •
participation agreement): None.
GLOSSARY—The following abbreviations are used in this report:
CVWD—Cucamonga Valley Water District
EIR — Environmental Impact Report
FOR— Final Environmental Impact Report
FPEIR - Final Program Environmental Impact Report
NPDES — National Pollutant Discharge Elimination System
NOx— Nitrogen Oxides
ROG — Reactive Organic Gases
PM10— Fine'Particulate Matter
RWQCB— Regional Water Quality Control Board
SCAQMD—South Coast Air Quality Management District
SWPPP—Storm Water Pollution Prevention Plan
URBEMIS7G— Urban Emissions Model 7G
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation
Incorporated," or"Less Than-Significant-Impact" as indicated by the checklist on the following pages.
(x)Aesthetics ( ) Agricultural Resources (x) Air Quality
(x) Biological Resources (x) Cultural Resources (x) Geology & Soils •
(x) Hazards & Waste Materials (x) Hydrology &Water Quality ( ) Land Use & Planning
( ) Mineral Resources (x) Noise ( ) Population & Housing
( ) Public Services ( ) Recreation (x)Transportation/Traffic
( ) Utilities & Service Systems ( ) Mandatory Findings of Significance
DETERMINATION
On the basis of this initial evaluation:
(x) I find that although the propos:: roject could have a significant effect on the environment, there
will not be a significant effect ' case because revisions in the project have been made by, or
agreed to, by the project prop. 1. A ■ ITIGATED NEGATIVE DECLARATI N wi I be prepared.
Prepared By: Date:
Cit U
• •
Reviewed By: (� II �i . At Date: '121 I '
•
Rev. 9/13/2010
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Development Review DRC2010-00348D Page 3
• Less Than
Significant Less
Wth Than
Issues and Supporting Information Sources: Potentially Significant Mitigation Significant No
Impact Incorporated Impact Impact
EVALUATION OF ENVIRONMENTAL IMPACTS
1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? ( ) ( ) ( ) (V)
b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (✓)
not limited to, trees, rock outcroppings, and historic
buildings within a State Scenic Highway?
c) Substantially degrade the existing visual character or ( ) ( ) ( ) V)
quality of the site and its surroundings?
d) Create a new source of substantial light or glare, ( ) ( ) (/) ( )
which would adversely affect day or nighttime views in
the area?
Comments:
a) There are no significant vistas within or adjacent to the project site. The site is not within
a view corridor according to General Plan Figure LU-6.
b) The project site contains no scenic resources and no historic buildings within a State
• Scenic Highway. There are no State Scenic Highways within the City of Rancho
Cucamonga.
c) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north. There is residential development to the west
across Haven Avenue. Beyond the perimeter of the shopping center to the east, south,
and north there is additional residential development. The visual quality of the area will
not degrade as a result of this project. The architecture of the structures for this project
matches that of the surrounding shopping center and is generally comparable to similar
structures in the City. Although City standards require the developer to underground
existing and new utility lines and facilities to minimize unsightly appearance of overhead
utility lines and utility enclosures in accordance with Planning Commission Resolution
No. 87-96, all utility lines and facilities near in the vicinity of the project site are already
underground. No further undergrounding is necessary, and new overhead utility lines
and/or facilities are not proposed.
d) The project would not increase the number of street lights as revisions to the lighting in
the public right-of-way are neither proposed nor required. There will be new light fixtures
for security and visibility in the vehicle circulation areas and beneath the canopy that will
replace the light fixtures will be removed along with the existing building. According to the
photometric plan prepared by the applicant on LSI Industries on December 13, 2010, no
substantial off-site light or glare will be created by the proposed project. The design and
placement of light fixtures will be required to be consistent with City standards that
requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected
and located to confine the area of illumination to within the project site. The impact is not
considered significant.
•
•
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Development Review DRC2010-00348D Page 4
Less Than •
Significant Less
Issues and Supporting Information Sources: Potentially Wth Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
2. AGRICULTURAL RESOURCES. Would the project:
a) Convert Prime Farmland, Unique Farmland, or O O O (✓)
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (✓)
Williamson Act contract?
c) Involve other changes in the existing environment, ( ) ( ) ( ) (• )
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
Comments:
a) The project site is not designated as Prime Farmlands, Unique Farmland, or Farmland of
Statewide Importance. The project site is located within a shopping center and is
characterized by commercial development to the east, south, and north. There is
residential development to the west across Haven Avenue. Beyond the perimeter of the
shopping center to the east, south, and north there is additional residential development.
The area of work is presently developed with a 7,232-square foot commercial building
which will be demolished. There will be no conversion of farmland. •
b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no
Williamson Act contracts within the City.
c) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north. There is residential development to the west
across Haven Avenue. Beyond the perimeter of the shopping center to the east, south,
and north, there is additional residential development. The nearest agricultural use, a
Christmas tree farm at the northwest corner of Victoria Street and Hermosa Avenue, is
approximately 0.63 mile northwest from the project site. Therefore, no adverse impacts
are anticipated.
3. AIR QUALITY. Would the project:
a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓)
applicable air quality plan?
b) Violate any air quality standard or contribute ( ) (• ) ( ) ( )
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (✓)
any criteria pollutant for which the project region is
non-attainment under an applicable Federal or State
ambient air quality standard (including releasing
emissions that exceed quantitative thresholds for
ozone precursors? •
d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( )
concentrations?
• Rev. 9/13/2010 •
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Development Review DRC2010-00348D Page 5
• Less Than
Significant Less
Potentially cam Than
Issues and Supporting Information Sources:
Significant corporate Significant No
Impact Incorporated Impact Impact
e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (✓)
number of people?
Comments:
a) As noted in the General Plan FPEIR (Section 4.3), the proposed project would not
interfere with the ability of the region to comply with Federal and State air quality
• standards for Criterion 1 Increase in the Frequency or Severity of Violations (local air
quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the
2003 AQMP). Therefore the project is consistent with the 2003 AQMP and is consistent
with the General Plan for which the FPEIR was prepared and impacts evaluated.
According the Air Quality Study prepared by E-Tech Environmental on October 2010, the
maximum amount of air emissions for each regulated air pollutant that was estimated
using the URBEMIS2007 program is well below the regulated thresholds. The
construction and operation of the proposed project will be in compliance with the land use
development regulations of the South Coast Air Quality Management District (SCAQMD).
b) Short Term (Construction) Emissions - Continued development will contribute to the
pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State
standards. During the construction phases of development, on-site stationary sources,
heavy-duty construction vehicles, construction worker vehicles, and energy use will
• generate emissions. In addition, fugitive dust would also be generated during grading and
construction activities. While most of the dust would settle on or near the project site,
smaller particles would remain in the atmosphere, increasing particle levels within the
surrounding area. Construction is an on-going industry in the Rancho Cucamonga area.
Construction workers and equipment work and operate at one development site until their
tasks are complete. They then transfer to a different site where the process begins again.
Therefore, the emissions associated with construction activities are not new to the
Rancho Cucamonga area and would not violate an air quality standard or worsen the
existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are
required to be assessed by the South Coast Air Quality Management District (SCAQMD)
on a project-specific basis. According the Air Quality Study prepared by E-Tech
Environmental on October 2010, the maximum amount of air emissions for each regulated
air pollutant that was estimated using the URBEMIS2007 program is well below the
regulated thresholds. The construction and operation of the proposed project will be in
compliance with the land use development regulations of the South Coast Air Quality
Management District (SCAQMD). Therefore, the following mitigation measures shall be
implemented to reduce impacts to less-than-significant levels:
1) All construction equipment shall be maintained in good operating condition
so as to reduce operational emissions. The contractor shall ensure that all
construction equipment is being properly serviced and maintained as per
• manufacturers' specifications. Maintenance records shall be available at the
construction site for City verification.
2) Prior to the issuance of any grading permits, the developer shall submit
construction plans to City denoting the proposed schedule and projected
• equipment use. Construction contractors shall provide evidence that low
emission mobile construction equipment will be utilized, or that their use was
investigated and found to be infeasible for the project. Contractors shall also
conform to any construction measures imposed by the South Coast Air
Quality Management District (SCAQMD) as well as City Planning Staff.
Rev. 9/13/2010
•
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Less Than •
Significant Less
Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No
Impact Incorporated Impact Impact
3) All paints and coatings shall meet or exceed performance standards noted in
SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or
high-volume, low-pressure spray.
4) All asphalt shall meet or exceed performance standards noted in SCAQMD
Rule 1108.
5) All construction equipment shall comply with SCAQMD Rules 402 and 403.
Additionally, contractors shall include the following provisions:
• Reestablish ground cover on the construction site through seeding and
•
watering.
• Pave or apply gravel to any on-site haul roads.
• Phase grading to prevent the susceptibility of large areas to erosion over
extended periods of time.
• Schedule activities to minimize the amounts of exposed excavated soil
during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices. •
• Sweep streets according to a schedule established by the City if silt is
carried over to adjacent public thoroughfares or occurs as a result of
hauling. Timing may vary depending upon the time of year of
construction. •
• Suspend grading operations during high winds (i.e., wind speeds
exceeding 25 mph) in accordance with Rule 403 requirements.
• Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover
payloads using tarps or other suitable means.
6) The site shall be treated with water or other soil-stabilizing agent (approved
by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to
reduce PM•0 emissions, in accordance with SCAQMD Rule 403.
7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be
applied to all inactive construction areas that remain inactive for 96 hours or
more to reduce PM10 emissions.
•
8) The construction contractor shall utilize electric or clean alternative fuel
powered equipment where feasible.
9) The construction contractor shall ensure that construction-grading plans
include a statement that work crews will shut off equipment when not in use.
Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the
General Plan Final Program Environmental Impact Report (FPEIR), Nitrogen Dioxide •
(No2), Ozone (03), and Particulate Matter (PM2.5 and PM10) would exceed SCAQMD
thresholds for significance; therefore, would all be cumulatively significant if they cannot
be mitigated on a project basis to a level less-than-significant.
•
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Development Review DRC2010-00348D Page 7
• Less Than
Significant Less
Issues and Supporting Information Sources: Potentially wth Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Long Term (Operational) Emissions -According the Air Quality Study prepared by E-Tech
Environmental on October 2010, the maximum amount of air emissions for each regulated
air pollutant that was estimated using the URBEMIS2007 program is well below the
regulated thresholds. The construction and operation of the proposed project will be in
compliance with the land use development regulations of the South Coast Air Quality
Management District(SCAQMD).
The following mitigation measures shall be implemented:
•
10) Schedule truck deliveries and pickups during off-peak hours.
11) improve thermal integrity of the buildings and reduce thermal load with
automated time clocks or occupant sensors.
12) Landscape with native and/or drought-resistant species to reduce water
consumption and to provide passive solar benefits.
13) Provide lighter color roofing and road materials and tree planning programs
to comply with the AQMP Miscellaneous Sources MSC-01 measure.
• 14) All industrial and commercial facilities shall post signs requiring that trucks
shall not be left idling for prolonged periods (i.e., in excess of 10 minutes).
15) All residential and commercial structures shall be required to incorporate
high-efficiency/low-polluting heating, air conditioning, appliances, and water
heaters.
16) All residential and commercial structures shall be required to incorporate
thermal pane windows and weather-stripping.
After implementation of the preceding mitigation measures, the General Plan FPEIR
identified the citywide increase in operational emissions as a significant unavoidable
adverse impact for which a Statement of Overriding Considerations was ultimately
adopted by the City Council as noted in the General Plan FPEIR (Section 4.3).
c) As noted in the General Plan FEIR (Section 4.3), continued development would contribute
to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and
State standards. The General Plan FPEIR identified the citywide increase in emissions as
a significant and adverse impact for which a Statement of Overriding Considerations was
ultimately adopted by the City Council. The project proposed is consistent with the
General Plan for which the FPEIR was prepared and impacts evaluated.
d) Sensitive receptors are defined as populations that are more susceptible to the effects of
• pollution than the population at large. The SCAQMD identifies the following as sensitive
receptors: long-term health care facilities, rehabilitation centers, convalescent centers,
retirement homes, residences, schools, playgrounds, child care centers, and athletic
facilities. According to the SCAQMD, projects have the potential to create significant
• impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air
contaminants identified in SCAQMD Rule 1401. The project site is located within 1/4 mile
• of a sensitive receptor — a private school directly across the street to the north and
residences in the general vicinity. Potential impacts to air quality are consistent with the
•
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• Less Than •
Signfcant Less
Issues and Supporting Information Sources: Potentially With Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Public Health and Safety Super-Element within the Rancho Cucamonga General Plan.
According the Air Quality Study prepared by E-Tech Environmental on October 2010, the
•
maximum amount of air emissions for each regulated air pollutant that was estimated
using the URBEMIS2007 program is well below the regulated thresholds. The
construction of the proposed project will be in compliance with the land use development
regulations of the South Coast Air Quality Management District (SCAQMD). During
construction, there is the possibility of fugitive dust to be generated from grading the site.
• The mitigation measures listed under b) above and the following mitigation measure will
reduce impact to less-than-significant levels.
17) All new development in the City of Rancho Cucamonga shall comply with
South Coast Air Quality Management District's Rule 445, Wood Burning
• Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5
and precludes the installation of indoor or outdoor wood burning devices (i.e.
fireplaces/hearths) in new development on or after March 9, 2009.
e) Construction Odors (Short-term) may include odors associated with equipment use .
including diesel exhaust or roofing, painting and paving. These odors are temporary and
would dissipate rapidly. Operation Odors (Long-term) are typically associated with the
type of use. Odors from residential uses would be like cooking and gardening. Similarly
common odors associated with mixed-use and commercial land uses would be expected
(i.e. restaurants). Local odors from the majority of land uses would be similar to other •
urban areas and would not be considered significant. Industrial uses could create
objectionable odors and, therefore, are located away from residential uses and sensitive
receptors. Typically, the use proposed does not create objectionable odors. No adverse
impacts are anticipated.
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (1)
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (1)
or other sensitive natural community identified in local
or regional plans, policies, or regulations or by the
California Department of Fish and Game or US Fish
and Wildlife Service?
c) Have a substantial adverse effect on federally ( ) ( ) ( ) (1)
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native ( ) ( ) ( ) (1)
resident or migratory fish or wildlife species or with •
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
Rev. 9/13/2010
•
B & C- 62
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•
Development Review DRC2010-00348D Page 9
• Less Than
Significant Less
Potentially With Than
Issues and Supporting Information Sources: Significant Mitigation Significant No
Impact Incorporated Impact Impact
e) Conflict with any local policies or ordinances ( ) ( ) (✓) (✓)
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (• )
Conservation Plan, Natural Community conservation
Plan, or other approved local, regional, or State
habitat conservation plan?
•
Comments:
a) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north, There is residential development to the west
across Haven Avenue. Beyond the perimeter of the shopping center to the east, south,
and north there is additional residential development. The site is presently developed with
a 7,232-square foot commercial building which will be demolished. According to the
General Plan Figure RC-4, and Section 4.4 of the General Plan FPEIR, the project site is
not within an area of sensitive biological resources; therefore, development will not
adversely affect rare or endangered species of plants or animals because of the fact that
the project is surrounded by urbanized land uses and is consistent with the General Plan
Land Use Plan.
• b) The project site is located in an urban area with no natural communities. The site is
located within a shopping center and is characterized by commercial development to the
east, south, and north. No riparian habitat exists on-site, meaning the project will not have
any impacts.
c) No wetland habitat is present on-site. The project site is located within a shopping center
and is characterized by commercial development to the east, south, and north. As a
result, project implementation would have no impact on these resources.
d) The City is primarily located in an urban area that does not contain large, contiguous
natural open space areas. Wildlife may potentially move through the north/south trending
tributaries in the northern portion of the City and within the.Sphere-of-Influence. The City
is required to acquire and/or protect open space areas that provide strategic wildlife
corridors to vital habitat areas. Therefore no adverse impacts are anticipated.
e) There are heritage trees on the project site; therefore, the proposed project is in conflict
with the City's Tree Preservation ordinance. The applicant has applied for a tree removal
permit (DRC2010-00578). The following mitigation measure will reduce impact to
less-than-significant levels.
1) New trees (minimum 24-inch box size) shall be planted on a one-to-one basis
to replace the six (6) trees.that are removed. The species of the replacement
•
trees shall match the trees that are removed.
f) Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State
habitat conservation plan area. The project site is not located within a local conservation
• area according to the General Plan, Open Space and Conservation Plan, Figure RC-1.
No conflicts with habitat conservation plans will occur.
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5. CULTURAL RESOURCES. Would the project: •
a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓)
significance of a historical resource as defined in
§ 15064.5?
b) Cause a substantial adverse change in the ( ) (V) ( ) ( )
significance of an archeological resource pursuant to
§ 15064.5?
c) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( )
resource or site or unique geologic feature? •
d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓)
outside of formal cemeteries?
•
Comments:
a) The project site has not been identified as a "Historic Resource" per the standards of
Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). The area of
work is presently developed with a 7,232-square foot commercial building which will be
demolished. There will be no impact.
b) There are no known archaeological sites or resources recorded on the project site; •
however, the Rancho Cucamonga area is known to have been inhabited by Native
Americans according to the General Plan FPEIR (Section 4.6). Construction activity,
particularly grading, soil excavation and compaction, could adversely affect or eliminate
existing and potential archaeological resources. The following mitigation measures shall
be implemented:
1) If any prehistoric archaeological resources are encountered before or during
grading, the developer will retain a qualified archaeologist to monitor
construction activities, to take appropriate measures to protect or preserve
them for study. With the assistance of the archaeologist, the City of Rancho
Cucamonga will:
• Enact interim measures to protect undesignated sites from demolition or
significant modification without an opportunity for the City to establish its
archaeological value.
• Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their special
qualities as a theme or focal point.
• Pursue educating the public about the archaeological heritage of the area.
• Propose mitigation measures and recommend conditions of approval to
eliminate adverse project effects on significant, important, and unique
prehistoric resources, following appropriate CEQA guidelines.
• Prepare a technical resources management report, documenting the
inventory, evaluation, and proposed mitigation of resources within the •
project area. Submit one copy of the completed report with original
• illustrations, to the San Bernardino County Archaeological Information
Center for permanent archiving.
•
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c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on
an alluvial fan. According to the research performed at the Natural History Museum of
Los Angeles County and the San Bernardino County database, no paleontological sites or
resources have been recorded within the City of Rancho Cucamonga or the
• Sphere-of-Influence, including the project site; however, the area has a high sensitivity
rating for paleontological resources. The older alluvium, which would have been
deposited during the wetter climate that prevailed 10,000-100,000 years ago during the
Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the
appearance of modern man occurred, may contain significant vertebrate fossils. The
project site is underlain by Quaternary alluvium per the Public Safety'Element of the
General Plan; therefore, the following mitigation measures shall be implemented:
2) If any paleontological resource (i.e. plant or animal fossils) are encountered
before or during grading, the developer will retain a qualified paleontologist to
monitor construction activities, to take appropriate measures to protect or
preserve them for study. The paleontologist shall submit a report of findings
that will also provide specific recommendations regarding further mitigation
measures (i.e., paleontological monitoring) that may be appropriate. Where
mitigation monitoring is appropriate, the program must include, but not be
limited to, the following measures:
• • Assign a paleontological monitor, trained and equipped to allow the rapid
removal of fossils with minimal construction delay, to the site full-time
during the interval of earth-disturbing activities.
• Should fossils be found within an area being cleared or graded, divert
earth-disturbing activities elsewhere until the monitor has completed
salvage. If construction personnel make the discovery, the grading
contractor should immediately divert construction and notify the monitor
of the find.
• Prepare, identify, and curate all recovered fossils for documentation in the
summary report and transfer to an appropriate depository (i.e., San
Bernardino County Museum).
• Submit summary report to City of Rancho Cucamonga. Transfer collected
specimens with a copy of the report to San Bernardino County Museum.
d) The site is located within a shopping center and is characterized by commercial
development to the east, south, and north. There is residential development to the west
across Haven Avenue. Beyond the perimeter of the shopping center to the east, south,
and north there is additional residential development. The site is presently developed with
a 7,232-square foot commercial building which will be demolished. The project site has
already been disrupted by construction of the shopping center and surrounding
infrastructure. No known religious or sacred sites exist within the project area. No
evidence is in place to suggest the project site has been used for human burials. The
California Health and Safety Code (Section 7050.5) states that if human remains are
discovered on-site, no further disturbance shall occur until the County Coroner has made
• a determination of origin and disposition pursuant to Public Resources Code Section
5097.98. As adherence to State regulations is required for all development, no mitigation
is required in the unlikely event human remains are discovered on-site. No adverse
impacts are anticipated.
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6. GEOLOGY AND SOILS. Would the project
a) Expose people or structures to potential substantial •
adverse effects, including the risk of •loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as ( ) ( ) (✓) ( )
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? ( ) ( ) ( ) (✓)
iii) Seismic-related ground failure, including ( ) ( ) ( ) (✓)
liquefaction?
iv) Landslides? ( ) ( ) ( ) (✓)
b) Result in substantial soil erosion or the loss of topsoil? ( ) (✓) ( ) ( )
c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (✓)
or that would become unstable as a result of the •
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (✓)
18-1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (V)
of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
Comments:
a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in
the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the
General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault,
passes within one mile north of the site and is within the Low Ground Rupture Potential Zone
of the queried (uncertain) location of the Red Hill Fault. The Cucamonga Fault Zone lies
approximately 3.2 miles north of the site. These faults are both capable of producing Mw
6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to Mw 7.5
earthquakes is 15 miles northeasterly of the site and the San Andreas, capable of up to Mw
8.2 earthquakes, is 17 miles northeasterly of the site. Each of these faults can produce
strong ground shaking. Adhering to the Uniform Building Code and Standard Conditions will
ensure that geologic impacts are less-than-significant.
b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit
4.7-4 of the General Plan FPEIR. The proposed project will require the excavation, •
stockpiling, and/or movement of on-site soils; The Rancho Cucamonga area is subject to
strong Santa Ana wind conditions during September to April, which generates blowing
sand and dust, and creates erosion problems. Construction.activities may temporarily
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•
exacerbate the impacts of windblown sand, resulting in temporary problems of dust
control; however, development of this project under the General Plan would help to
reduce windblown sand impacts in the area as pavement, roads, buildings, and
landscaping are established. Therefore, the following fugitive dust mitigation measures
shall be implemented to reduce impacts to less-than-significant levels:
1) • The site shall be treated with water or other soil-stabilizing agent (approved
by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with
SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon
as possible.
2) Frontage public streets shall be swept according to a schedule established by
the City to reduce PM•g emissions associated with vehicle tracking of soil off-
site. Timing may vary depending upon the time of year of construction.
3) Grading operations shall be suspended when wind speeds exceed 25 mph to
minimize PMip emissions from the site during such episodes.
4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be
applied to all inactive construction areas that remain inactive for 96 hours or
• more to reduce PMip emissions.
c) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside
areas at the northern end of the City and in the 501 for slope failure, landslides, and/or
erosion. Areas subject to slope instability contain slopes of 30 percent or greater.
Landslides may be induced by seismic activity, rain, or construction. The City Hillside
Development Regulations prohibits the development within slopes of 30 percent or greater
and limit the number of units that could be constructed within the Hillside Residential and
Very Low Density Residential designations in the Hillside areas. The site is not within an
Earthquake hazard zone or other unstable geologic unit or soil type according to General
Plan FPEIR Exhibit 4.7-2. Soil types on-site consist of Tujunga Loamy Sand (TUB) Soil
association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are
anticipated.
d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil
deposits. These types of soils are not considered to be expansive. Soil types on-site
consist of Tujunga Loamy Sand (TUB) Soil association according to General Plan FPEIR
Exhibit 4.7-3. These soils consist of brown loamy sand and pale-brown coarse sand,
somewhat excessively drained, and highly permeable with low shrink-swell potential. No
adverse impacts are anticipated.
e) The project will connect to, and be served by, the existing local sewer system for
wastewater disposal. No septic tanks or alternative wastewater disposal is proposed.
•
•
•
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7. HAZARDS AND WASTE MATERIALS. Would the project
a) Create a significant hazard to the public or the ( ) ( ) (✓) ( )
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the ( ) () (7) ( )
-
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or ( ) ( ) (✓) ( )
acutely hazardous materials, substances, or waste
within 1/4 mile of an existing or proposed school?
d) • Be located on a site which is included on a list of ( ) ( ) ( ) (✓)
hazardous materials sites compiled pursuant to
Government Code Section 65962,5 and, as a result,
would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan or, ( ) ( ) ( ) (7)
where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would the •
project result in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓)
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (✓)
adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓)
loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
Comments:
a) The project is a gas station with an overhead canopy and five fuel dispensers (with two
fueling positions each). Gasoline and diesel fuels are classified as hazardous
materials/volatile fuels. Gasoline and diesel fuel will be stored in, and dispensed from,
underground tanks. Furthermore, gasoline and diesel fuel will be transported to the site
periodically. The City has an Emergency Operations Plan that meets State and Federal
requirements and is in the process of updating the approved 2005 Local Hazard Mitigation
Plan. The project will be required to comply with Federal, State, and local regulations
including those concerning the storage and handling of gasoline and diesel fuels to reduce
the potential for significant impacts to a level less-than-significant. No adverse impacts
are expected.
b) The project is a gas station with an overhead canopy and five fuel dispensers (with two •
fueling positions each) and will include the use of gasoline and diesel fuels which are
classified as hazardous materials/volatile fuels. The City participates in a countywide
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interagency coalition that is considered a full-service Hazardous Materials Division that is
more comprehensive than any other in the State. The City has an Emergency Operations
Plan that meets State and Federal requirements and is in the process of updating the
approved 2005 Local Hazard Mitigation Plan. The project will be required to comply with
Federal, State, and local regulations including those concerning the storage and handling
of gasoline and diesel fuels to reduce the potential for significant impacts to a level
less-than-significant. According to the Air Dispersion Model and Health Risk Assessment
prepared by E-Tech Environmental on October 2010, the project will incorporate California
Air Resources Board (CARB) certified equipment (dispensers, nozzles, and hoses) to
ensure vapor recovery. The project also includes the installation of a Healy Phase II
Enhanced Vapor Recovery System which is designed to capture fugitive vapors from the
fuel dispensers. Furthermore, the project includes double-wall underground storage tanks
with double-wall piping. No adverse impacts are anticipated.
c) There is a school (private), Montessori Academy, located across Valencia Avenue directly
to the north of the project site. Gasoline and diesel fuel will be stored in, and dispensed
from, underground tanks. Furthermore, gasoline and diesel fuel will be transported to the •
site periodically. The project will be required to comply with Federal, State, and local
regulations concerning the storage and handling of hazardous materials to reduce the
potential for significant impacts to a level less-than-significant. According to the Air
• Dispersion Model and Health Risk Assessment prepared by E-Tech Environmental on
October 2010, the project will incorporate California Air Resources Board (GARB) certified
equipment (dispensers, nozzles, and hoses) to ensure vapor recovery. The project also
• includes the installation of a Healy Phase II Enhanced Vapor Recovery System which is
designed to capture fugitive vapors from the fuel dispensers. Furthermore, the project
includes double-wall underground storage tanks with double-wall piping. No adverse
impacts are anticipated.
d) The project site is located within a shopping center and is not listed as a hazardous waste
or substance materials site. Recent site inspection did not reveal the presence of
•
discarded drums or illegal dumping of hazardous materials. No impact is anticipated.
e) The site is not located within an airport land use plan according to the General Plan
Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and is not within 2 miles of a public
airport. The project site is located approximately 4.5 miles northerly of the Ontario Airport
and is offset north of the flight path. No impact is anticipated.
f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is
located approximately 2-1/2 miles to the west of the City's westerly limits. No impact is
anticipated.
g) The City has a developed roadway network that provides emergency access and
evacuation routes to existing development. New development will be located on a site
that has access to existing roadways. The City's Emergency Operation Plan, which is
updated every three years, includes policies and procedures to be administered by the
City of Rancho Cucamonga in the event of a disaster. Because the project includes at
least two points of public street access and is required to comply with all applicable City
• codes, including local fire ordinances, no adverse impacts are anticipated.
h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Very
High Fire Hazard Severity Zone found in the northern part of the City; however, the
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proposed project site is not located within a Very High Fire Hazard Severity Zone
according to General Plan Figure PS-1.
•
8. HYDROLOGY AND WATER QUALITY. Would the project: .
a) Violate any water quality standards or waste discharge ( ) ( ) (7) ( )
requirements?
b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (7)
substantially with groundwater recharge such that
there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the
production rate of pre-existing nearby wells would
drop to a level which would not support existing land
uses or planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (7)
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on-or off-site?
d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (7) •
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner,
which would result in flooding on-or off-site?.
e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (V)
the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
f) 'Otherwise substantially degrade water quality? ( ) ( ) ( ) (')
g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (7)
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (f)
that would impede or redirect flood flows? .
i) Expose people or structures to a significant risk of ( ) ( ) ( ) (7)
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ' ( ) (7)
Comments:
a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD).
The project is designed to connect to existing water and sewer systems. The State of
California is authorized to administer various aspects of the National Pollution Discharge •
Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The
General Construction Permit treats any construction activity over 1 acre as an industrial
activity, requiring a permit under the State's General NPDES permit. The State Water
•
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.Resource Control Board (SWRCB) through the Regional Water Quality Control Board
(RWQCB), Santa Ana Region, administers these permits.
Construction activities covered under the State's General Construction permit include
removal of vegetation, grading, excavating, or any other activity for new development or
significant redevelopment. Prior to commencement of construction of a project, a
discharger must submit a Notice of Intent (NOI) to obtain coverage under the General
Permit. The General permit requires all dischargers to comply with the following during
construction activities, including site clearance and grading:
• Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that
would specify Best Management Practices (BMPs) that would prevent construction
pollutants from contacting storm water and with the intent of keeping all products of
erosion from moving off-site into receiving waters.
• • Eliminate or reduce non-storm water discharges to storm sewer systems and other
waters of the nation.
• Perform inspections of all BMPs.
• Waste discharges include discharges of storm water and construction project discharges.
A construction project for new development or significant redevelopment requires an
NPDES permit. Construction project proponents are required to prepare a Storm Water
Pollution Prevention Plan (SWPPP). To comply with the NPDES, the project's
construction contractor will be required to prepare a Storm Water Pollution Prevention
Plan. (SWPPP) during construction activities, and a Water Quality Management Plan
(WQMP) for post-construction operational management of storm, water runoff. The
applicant has submitted a WQMP, prepared by Fiedler Group on July 29, 2010, which
identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such
as eroded soils, entering the drainage system after construction. Runoff from driveways,
roads, and other impermeable surfaces must be controlled through an on-site drainage
system. BMPs include both structural and non-structural control methods. Structural
controls used to manage storm water pollutant levels include detention basins, oil/grit
separators, and porous pavement. Non-structural controls focus on controlling pollutants
at the source, generally through implementing erosion and sediment control plans, and
various Business Plans that must be developed by any businesses that store and use
hazardous materials. Practices, such as periodic parking lot sweeping can substantially
reduce the amount of pollutants entering the storm drain system. The following mitigation
measures would be required to control additional storm water effluent:
Construction Activities:
1) Prior to issuance of grading permits, the permit applicant shall submit to the
Building Official for approval, a Storm Water Pollution Prevention Plan
(SWPPP) specifically identifying Best Management Practices (BMPs) that
shall be used on-site to reduce pollutants during construction activities
• entering the storm drain system to the maximum extent practical.
2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and
implemented for the proposed project that identifies specific measures to
control on-site and off-site erosion from the time ground disturbing activities
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are initiated through completion of grading. This Erosion Control Plan shall
include the following measures at a minimum: a) Specify the timing of
grading and construction to minimize soil exposure to rainy periods
experienced in Southern California, and b) An inspection and maintenance
program shall be included to ensure that any erosion which does occur either
on-site or off-site as a result of this project will be corrected through a
remediation or restoration program within a specified time frame.
3) During construction, temporary berms such as sandbags or gravel dikes
must be used to prevent discharge of debris or sediment from the site when
there is rainfall or other runoff.
4) During construction, to remove pollutants, street cleaning will be performed
prior to storm events and after the use of water trucks to control dust in order
to prevent discharge of debris or sediment from the site.
Post- Construction Operational:
5) The developer shall implement the BMPs identified in the Water Quality
Management Plan prepared by Fiedler Group on July 29, 2010 to reduce
pollutants after construction entering the storm drain system to the maximum
extent practical. •
6) Landscaping plans shall include provisions for controlling and minimizing
the use of fertilizers/pesticides/herbicides. Landscaped areas shall be
monitored and maintained for at least two years to ensure adequate coverage
and stable growth. Plans for these areas, including monitoring provisions for
a minimum of two years, shall be submitted to the City for review and
approval prior to the issuance of grading permits.
b) According to CVWD, approximately 35 percent of the City's water is currently provided
from water supplies coming from the underlying Chino and Cucamonga Groundwater
Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin
Watermaster and will not deplete the local groundwater resource. The proposed project
will not deplete groundwater supplies, nor will it interfere with recharge because it is not
within an area designated as a recharge basin or spreading ground according to General
Plan Figure RC-3. The development of the site will require the grading of the site and
excavation; however, would not affect the existing aquifer, estimated to be approximately
300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section
4.9), continued development citywide will increase water needs but will not be a significant
impact. CVWD has plans to meet this increased need to the year 2030. No impacts are
anticipated.
c) The project will cause changes in absorption rates, drainage patterns, and the rate and
amount of surface water runoff because there will be an increase in pavement and
hardscape to accommodate vehicle parking and circulation at and around the gas pump
dispensers; however, the project will not alter the course of any stream or river. All runoff
will be conveyed to existing storm drain facilities, which have been designed to handle the •
flows. The project design includes landscaping of all non-hardscape areas to prevent
erosion. A Grading and Drainage Plan must be approved by the Building Official and City
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Engineer prior to issuance of grading permits. Therefore, the project will not result in
substantial erosion or siltation on-or off-site. The impact is not considered significant.
d) The project will cause changes in absorption rates, drainage patterns, and the rate and
amount of surface water runoff because .there will be an increase in pavement and
hardscape to accommodate vehicle parking and circulation at and around the gas pump
dispensers; however, the project will not alter the course of any stream or river. All runoff
will be conveyed to existing storm drain facilities, which have been designed to handle the
flows. A Grading and Drainage Plan must be approved by the Building Official and City
Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site
will not result in flooding on- or off-site. No impacts are anticipated.
e) The project will cause changes in absorption rates, drainage patterns, and the rate and
amount of surface water runoff because there will be an increase in pavement and
hardscape to accommodate vehicle parking and circulation at and around the gas pump
dispensers; however, all runoff will be conveyed to existing storm drain facilities, which
have been designed to handle the flows. The project will not result in substantial
additional sources of polluted runoff. A Grading and Drainage Plan must be approved by
the Building Official and City Engineer prior to issuance of grading permits. Therefore,
increase in runoff from the site will not result in flooding on- or off-site. No impacts are
. anticipated.
f) Grading activities associated with the construction period could result in a temporary
increase in the amount of suspended solids in surface flows during a concurrent storm
event, thus resulting in surface water quality impacts. The site is for new development or
significant redevelopment; therefore, is required to comply with the National Pollutant
Discharge Elimination System (NPDES) to minimize water pollution. The following
mitigation measures shall be implemented:
7) Prior to issuance of building permits, the applicant shall submit to the City
Building Official for approval of a Water Quality Management Plan (WQMP),
including a project description and identifying Best Management Practices
(BMPs) that will be used on-site to reduce pollutants into the storm drain
system to the maximum extent practicable. The WQMP shall identify the
structural and non-structural measures consistent with the Guidelines for
New Development and Redevelopment adopted by the City of Rancho
Cucamonga in June 2004. •
8) Prior to issuance of grading or paving permits, the applicant shall obtain a •
Notice of Intent (NOI) to comply with obtaining coverage under the National
Pollutant Discharge Elimination System (NPDES) General Construction Storm
Water Permit from the State Water Resources Control Board. Evidence that
this has been obtained (i.e., a copy of the Waste Discharger's Identification
Number) shall be submitted to the City Building Official for coverage under
the NPDES General Construction Permit.
g) No housing units are proposed with this project. No adverse impacts are expected.
• h) The project site is not located within a 100-year flood hazard area according to General
Plan Figure PS-5. No adverse impacts are expected.
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Less Than •
Signfcant Less
Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No
Impact Incorporated Impact Impact
i) The Rancho Cucamonga area is flood protected by an extensive storm drain system
designed to convey a 100-year storm event. The system is substantially improved and
provides an integrated approach for regional and local drainage flows. This existing
system includes several debris dams and levees north of the City, spreading grounds,
concrete-lined channels, and underground storm drains as shown in General Plan
Figure PS-6. The project site is not located within a 100-year flood hazard area according
to General Plan Figure PS-5. No adverse impacts are expected.
j) There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from
seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of
the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain
streams. Numerous man-made controls have been constructed to reduce the mudflow
impacts to the level of non-significance within the City. This existing system includes
several debris dams and levees north of the City, and spreading grounds both within and
north of the City.
9. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? ( ) ( ) ( ) (7)
b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (p')
regulation of an agency with jurisdiction over the •
project (including, but not limited to, a general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (7)
or natural community conservation plan?
Comments:
a) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north. There is residential development to the west
across Haven Avenue. Beyond the perimeter of the shopping center to the east, south,
• and north, there is additional residential development. This project will be similar in
design and integrated into the surrounding shopping center. The project will become a
part of the larger community. No adverse impacts are anticipated.
b) The project site land use designation is Neighborhood Commercial. The proposed project
is consistent with the General Plan and does not interfere with any policies for
environmental protection, SCAG's Compass Blueprint, or SCAG's Regional
Comprehensive Plan. As such, no impacts are anticipated.
c) The project site is not located within any habitat conservation or natural community plan
area. According to the General Plan Figure RC-4, and Section 4.10 of the General Plan
FPEIR, the project site is not within an area of sensitive biological resources; therefore,
development will not adversely affect rare or endangered species of plants or animals
because of the fact that the project is surrounded by urbanized land uses and is
consistent with the General Plan Land Use Plan. •
•
•
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Less Than
Significant Less
Issues and Supporting Information Sources: Potentially with Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
•
10. MINERAL RESOURCES. Would the project
a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓)
resource that would be of value to the region and the
residents of the State?
b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓)
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Comments: •
a) The site is not designated as a State Aggregate Resources Area according to the City
General Plan, Figure RC-2 and Table RC-1; therefore, there is no impact.
b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a
valuable mineral resource recovery site; therefore, there is no impact.
11. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in ( ) (x) ( ) ( )
• excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓)
ground borne vibration or ground borne noise levels?
c) A substantial permanent increase in ambient noise ( ) ( ) (✓) ( )
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in ( ) (✓) ( ) ( )
ambient noise levels in the project vicinity above levels
existing without the project?
e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓)
where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would the
project expose people residing or working in the
project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓)
would the project expose people residing or working in
the project area to excessive noise levels?
Comments:
a) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north. There is residential development to the west
across Haven Avenue. Beyond the perimeter of the shopping center to the east, south,
and north there is additional residential development. No adverse impacts expected.
• Mitigation measures listed below would reduce exterior and interior noise levels to less-
than-significant levels.
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Less Than •
Significant Less
Potentially With Than
Issues and Supporting Information Sources: Significant Mitigation Significant No
Impact Incorporated Impact Impact
1) Business operations shall maintain a noise level at 60dB or less during the
hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities
including opening, closing, or other handling of boxes, crates, containers,
building materials, garbage cans, or other similar objects between the hours of
10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to
residential areas.
b) The uses associated with this type of project normally do not induce ground borne
vibrations. As such, no impacts are anticipated.
c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The
proposed activities will not significantly increase traffic; hence are not anticipated to
increase the ambient noise levels within the vicinity of the project.
d) The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on-site
stationary sources, heavy-duty construction vehicles, and construction equipment, will
generate noise exceeding City standards. The following measures are provided to
mitigate the short-term noise impacts:
2) Construction or grading shall not take place between the hours of 8:00 p.m. and
6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a
national holiday. •
3) Construction or grading noise levels shall not exceed the standards specified in
Development Code Section 17.02.120-D, as measured at the property line.
Developer shall hire a consultant to perform weekly noise level monitoring as
specified in Development Code Section 17.02.120. Monitoring at other times
may be required by the Building Official. Said consultant shall report their
findings to the Building Official within 24 hours; however, if noise levels exceed
the above standards, then the consultant shall immediately notify the Building
Official. If noise levels exceed the above standards, then construction activities
shall be reduced in intensity to a level of compliance with above noise
standards or halted.
The preceding mitigation measures will reduce the disturbance created by on-site
construction equipment; however, do not address the potential impacts because of the
transport of construction materials and debris. The following mitigation measures shall
then be required:
1) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and
6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a
national holiday. Additionally, if heavy trucks used for hauling would exceed
100 daily trips (counting both to and from the construction site), then the
developer shall prepare a noise mitigation plan denoting any construction
traffic haul routes. To the extent feasible, the plan shall denote haul routes
that do not pass sensitive land uses or residential dwellings.
e) The project site is not located within an airport land use plan and is not within 2 miles of a •
public airport. Located approximately 4.5 miles northerly of the Ontario Airport and is
offset north of the flight path. No impact is anticipated.
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•
Less Than
Significant Lass
Issues and Supporting Information Sources: Potentially with Than
PP 9 Significant Mitigation Significant No
Impact Impact Incorporated Impact Impact
f) The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west
of the City's westerly limits. No impact is anticipated.
12. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓)
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓)
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓)
the construction of replacement housing elsewhere?
Comments:
a) The project is located in a predominantly developed area and will not induce population
growth. Construction activities at the site will be short-term and will not attract new
employees to the area. Once constructed, the proposed project will have a limited
• number of employees; hence will not create a demand for additional housing as a majority
of the employees will likely be hired from within the City or the surrounding communities.
No impacts are anticipated.
•
b) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north. The area of work is presently developed with a
7,232 square foot commercial building which is proposed to be demolished for a gas
station use. There will be no displacement of existing housing.
c) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north. The area of work is presently developed with a
7,232 square foot commercial building which is proposed to be demolished for a gas
station use. No impacts are anticipated.
13. PUBLIC SERVICES. Would the project result in substantial
adverse physical impacts associated with the provision of new
or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of
which could cause significant environmental impacts, in order
to maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
a) Fire protection? ( ) ( ) ( ) (✓)
b) Police protection? ( ) ( ) ( ) (✓)
c) Schools? () () () (✓)
• d) Parks? O O O (✓)
e) Other public facilities? ( ) ( ) ( ) (✓)
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Less Than •
• Significant Less
Potentially With Than
Issues and Supporting Information Sources: significant Incorporated Impact Impact
Comments:
a) The project site, located within a shopping center located at the northeast corner of Haven
Avenue and Base Line Road, would be served by Fire Station No. 1 located
approximately 1.5 mile from the project site at 6627 Amethyst Road. The project will not
require the construction of any new facilities or alteration of any existing facilities or cause
a decline in the levels-of-service, which could cause the need to construct new facilities.
Standard conditions of approval from the Uniform Building and Fire Codes will be placed
on the project to lessen the future demand and impacts to fire services. No impacts are
anticipated.
b) Additional police protection is not required as the addition of the project will not change
the pattern of uses within the surrounding area and will not have a substantial increase in .
property to be patrolled as the project site is within an area that is regularly patrolled.
c) The project site is in a developed area currently served by the Alta Loma School District
and the Chaffey Joint Union High School District. The project will be required to pay
School Fees as prescribed by State law prior to the issuance of building permits. No
impacts are anticipated.
d) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north, and is currently served by the City of •
Rancho Cucamonga. The nearest park, Central Park, is approximately 0.5 mile from the
project site. The project will not require the construction of any new facilities or alteration
of any existing facilities or cause a decline in the levels of service, which could cause the
need to construct new facilities. A standard condition of approval will require the
developer to pay Park Development Fees. No impacts are anticipated.
e) The proposed project will utilize existing public facilities. The site is in a developed area,
currently served by the City of Rancho Cucamonga. The project will not require the
construction of any new facilities or alteration of any existing facilities or cause a decline in
the levels of service, which could cause the need to construct new facilities. Cumulative
development within Rancho Cucamonga will increase demand for library services.
According to the General Plan FPEIR (Section 4.14), there will be a projected increase in
library space demand but with the implementation of standard conditions the increase in
Library Services would be mitigated to less than significant impact. Additionally, the
Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space
that is planned for future Library use. The proposed project is consistent with the General
Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse
impact is expected.
14. RECREATION. Would the project
a) Increase the use of existing neighborhood and ( ) ( ) ( ) (• )
regional parks or other recreational facilities such that
substantial physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities or ( ) ( ) ( ) (.7) •
require the construction or expansion of recreational
facilities, which might have an adverse physical effect
on the environment?
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Less Than
Significant Less
Potentially With Than Issues and Supporting Information Sources: Significant
. Mitigation Significant No
Impact Incorporated Impact Impact
Comments:
a) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north, and is currently served by the City of
Rancho Cucamonga. The nearest park, Central Park, is located 0.5 mile from the project
site. This project is not proposing any new housing or large employment generator that
would cause an increase in the use of parks or other recreational facilities. A standard
condition of approval will require the developer to pay Park Development Fees. No
impacts are anticipated.
b) See a) response above.
15. TRANSPORTATION/TRAFFIC. Would the project:
a) Cause an increase in traffic, which is substantial in ( ) (✓) ( ) ( )
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
• b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (✓)
service standard established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓)
either an increase in traffic levels or a change in
location that result in substantial safety risks?
d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓)
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in•inadequate emergency access? ( ) ( ) ( ) (✓)
f) Result in inadequate parking capacity? ( ) ( ) ( ) (✓)
g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓)
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
•
Comments:
a) The proposed project is the construction of a gas station consisting of five (5) dispensers
(10 fueling positions), a kiosk, and an overhead canopy. The traffic analysis prepared by
Associated Transportation Engineers (ATE) on October 28, 2010, assumed a project
consisting of ten (10) dispensers (20 fueling positions) and determined that the
•
implementation of the project will generate 3,371 vehicle trips daily. This traffic analysis
estimates that each fueling position will generate 168.56 trips daily. However, only five (5)
dispensers (10 fueling positions) are proposed and it can be assumed that the actual
• number of vehicle trips daily will be less than that identified in the analysis and, therefore,
there will be less impact. As noted in the General Plan FPEIR (Section 4.16), continued
development will contribute to the traffic load in the Rancho Cucamonga area. The
proposed project is consistent with the General Plan for which the FPEIR was prepared
and impacts evaluated. The project is within a shopping center and is in an area that is
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Less Than •
Significant Lees
Issues and Supporting Information Sources: Potentially wan i Significant pp g Significant corporiate SiImpact l pa
Impact Incorporated Impact Impact
entirely developed with all street improvements present. As the project will create an
increase in the number of vehicle trips, traffic volume, or congestion at intersections, the
City's Traffic Engineering Department will require the payment of transportation fees for
the installation of a set of traffic signals at the intersection of Haven Avenue and
Valencia Avenue. These signals would be installed by the developer. The following
mitigation measures shall be implemented:
'1) The applicant shall install a set of traffic signals at the intersection of Haven
Avenue and Valencia Avenue. The installation shall comply with the
design/technical standards and requirements as established by the City's
Traffic Engineering Department.
b) The traffic analysis prepared by Associated Transportation Engineers (ATE) on
October 28, 2010, assumed a project consisting of ten (10) dispensers (20 fueling
positions) with each fueling position generating 520 two-way peak hour trips daily.
However, only five (5) dispensers (10 fueling positions) are proposed and it can be
• assumed that the actual number of two-way peak hour trips will be less than that identified
in the analysis and, therefore, there will be less impact. In November 2004, San
Bernardino County voters passed the Measure I extension which requires local
jurisdictions to impose appropriate fees on development for their fair share toward
regional transportation improvement projects. On May 18, 2005, the City of.
Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating •
these development impact fees. As a result, the San Bernardino County Congestion
Management Agency waived the Congestion Management Plan (CMP) Traffic Impact
Analysis reporting requirement. The project will impact the level of service standards at
the intersection of Haven Avenue and Valencia Avenue. The project is within a shopping
center and is in an area that is entirely developed with all street improvements present.
As the project will create an increase in the number of vehicle trips, traffic volume, and/or
congestion, the City's Traffic Engineering Department will require that the developer install
a set of traffic signals at the intersection of Haven Avenue and Valencia Avenue.
c) Located approximately 4.5 miles northerly of the Ontario Airport, the site is off-set north of
the flight path and will not change air traffic patterns. No impacts are anticipated.
d) The project site is located within a shopping center and is characterized by commercial
development to the east, south, and north. There is residential development to the west
across Haven Avenue. Beyond the perimeter of the shopping center to the east, south,
and north there is additional residential development. Street improvements (curb, gutter,
and sidewalk) along the street frontage of the site already have been constructed. The
project design does not include any sharp curves or dangerous intersections or farming
uses. The project will, therefore, not create a substantial increase in hazards because of
a design feature. No impacts are anticipated.
e) The project will be designed to provide access for all emergency vehicles and will,
therefore, not create an inadequate emergency access. No impacts are anticipated.
f) The project site is located within a shopping center. The shopping center has adequate
parking in compliance with standards of the Rancho Cucamonga Development Code and, •
therefore, there will not be an inadequate parking capacity. No impacts are anticipated.
•
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• Less Than
Significant Less
Issues and Supporting Information Sources: Potentially With Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
g) The project is a gas station with an overhead canopy and five fuel dispensers and,
because of the nature of the project will not be required to provide, features supporting
transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking,
etc.).
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (V)
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or ( ) ( ) ( ) (V)
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
c) Require or result in the construction of new storm ( ) ( ) ( ) (/)
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (v)
project from existing entitlements and resources, or
• are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (V)
provider, which serves or may serve the project, that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient permitted ( ) () ( ) (V)
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (V)
regulations related to solid waste?
Comments:
a) The proposed project is served by the CVWD sewer system, which has waste treated by
the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1
capacity is sufficient to exceed the additional development within the western and
southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of
28 mgd which is considered more than adequate to capacity to treat all increases in
wastewater generation for buildout of the General Plan. The project is required to meet
the requirements of the Santa Ana Regional Water Quality Control Board regarding
wastewater. No impacts are anticipated.
b) The proposed project is served by the CVWD sewer system, which has waste treated by
the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho
Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. The
• project is required to meet the requirements of the Santa Ana Regional Water Quality
Control Board regarding wastewater. No impacts are anticipated.
c) All runoff will be conveyed to existing storm drain facilities, which have been designed to
handle the flows. A Grading and Drainage Plan must be approved by the Building Official
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Less Than •
Significant Less
Potentially MP an
Issues and Su pp ortin g Information Sources: Significant Mitigation Sica
nt No
Impact Incorporated Impact Impact
and City Engineer prior to issuance of grading permits. The impact is not considered
significant.
d) The project is served by the CVWD water system. There is currently a sufficient water
supply available to the City of Rancho Cucamonga to serve this project. No impacts are
anticipated.
e) The proposed project is served by the CVWD sewer system, which has waste treated by
the Inland Empire Utilities Agency at the RP-4 treatment plant located within
Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at
capacity. No impacts are anticipated.
f) Solid waste disposal will be provided by the current City contracted hauler who disposes
the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste
disposal needs.
g) This project will be required to comply with Federal, State, and local statutes and
regulations regarding solid waste. The City of Rancho Cucamonga continues to
implement waste reduction procedures consistent with AB 939. Therefore, no impacts are
anticipated.
17. MANDATORY FINDINGS OF SIGNIFICANCE •
a) Does the project have the potential to degrade the ( ) ( ) ( ) (V)
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal, or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually ( ) ( ) ( ) (V)
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects that will ( ) ( ) ( ) (V)
cause substantial adverse effects on human beings,
either directly or indirectly?
Comments:
a) The site is not located in an area of sensitive biological resources as identified on the City
of Rancho Cucamonga General Plan Figure RC-4. Additionally, the area surrounding the
site is developed. Based on previous development and street improvements, it is unlikely •
that any endangered or rare species would inhabit the site.
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•
b) If the proposed project were approved, then the applicant.would be required to develop
the site in accordance with the City of Rancho Cucamonga General Plan. The 2010
General Plan was adopted along with the certification of a Program FEIR, Findings of
Fact, and a Statement of Overriding Considerations for significant adverse environmental
effects of build-out in the City and Sphere-of-Influence. The City made findings that
adoption of the General Plan would result in significant adverse effects to Aesthetics,
Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources.
Mitigation measures were adopted for each of these resources; however, they would not
reduce impacts to less-than-significant levels. As such, the City adopted a Statement of
Overriding Considerations balancing the benefits of development under the General Plan
Update against the significant unavoidable adverse impacts (CEQA Guidelines
Section 15092 and 15096(h)). These benefits include less overall traffic volumes by
developing mixed-use projects that will be pedestrian friendly and conservation of
valuable natural open space. With these findings and the Statement of Overriding
Considerations, no further discussion or evaluation of cumulative impacts is required.
c) Development of the site under the proposed land use change would not cause substantial
adverse effects on human beings, either directly or indirectly. The Initial Study identifies
construction-related emissions of criteria pollutants as having a potentially significant
impact. Proposed mitigation measures would further reduce emission levels.
Additionally, impacts resulting from air quality would be short-term and would cease once
construction activities were completed. The Initial Study identified potentially significant
impacts associated with the exposure of people to increased noise levels. Mitigation
measures contained in this Initial Study will ensure impacts are at less-than-significant
levels. If any additional thresholds were identified as requiring mitigation note here: (i.e.
• Airspace Protection Area, Flood Hazard, Biological Impact, etc.)
EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one
or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per
Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and
adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such
effects were addressed by mitigation measures based on the earlier analysis. The following earlier
analyses were utilized in completing this Initial Study and are available for review in the City of
Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply):
(T) General Plan FPEIR
(SCH#2000061027, Certified May 19, 2010)
(T) Terra Vista Planned Community EIR
(SCH#81082808, certified February 16, 1983)
(T) Air Dispersion Model and Health Risk Assessment, E-Tech Environmental
October 2010
(T) Air Quality Study, E-Tech Environmental
October 2010
(T) Traffic Analysis, Associated Transportation Engineers
October 28, 2010
•
(T) Water Quality Management Plan, Fiedler Group
July 29, 2010
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APPLICANT CERTIFICATION
I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have
read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or
proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the
• effects to a point where clearly no significant environmental effects would occur.
z �r
Applicants Signature: t Date: 9/2//
Print Name and Title: / 1/�--�l _�./e l I h� �C 1 0.112/?Gt &
•
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•
• .
• sujJ l r r
�low, City of Rancho Cucamonga
irinni � MITIGATION MONITORING
9M;w' PROGRAM
Z �
•
Project File No.: Development Review DRC2010-00348D
This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation
measures identified in the Mitigated Negative Declaration for the above-listed project. This program
has been prepared in compliance with State law to ensure that adopted mitigation measures are
implemented (Section 21081.6 of the Public Resources Code).
Program Components -This MMP contains the following elements:
•
1. Conditions of approval that act as impact mitigation measures are recorded with the action and
the procedure necessary to ensure compliance. The mitigation measure conditions of approval
are contained in the adopted Resolution of Approval for the project.
2. A procedure of compliance and verification has been outlined for each action necessary. This
procedure designates who will take action, what action will be taken and when, and to whom
and when compliance will be reported.
• 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring
progresses, changes to compliance procedures may be necessary based upon
recommendations by those responsible for the program.
Program Management - The MMP will be in place through all phases of the project. The project
planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project
planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly
and proper action is taken on each mitigation. Each City department shall ensure compliance of the
conditions (mitigation) that relate to that department.
Procedures -The following steps will be followed by the City of Rancho Cucamonga.
1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in
performing monitoring or reporting programs shall be charged to the applicant.
2. A MMP Reporting Form will be prepared for each potentially significant impact and its
corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached
hereto. This procedure designates who will take action,what action will be taken and when, and
to whom and when compliance will be reported. All monitoring and reporting documentation will
be kept in the project file with the department having the original authority for processing the
project. Reports will be available from the City upon request at the following address:
City of Rancho Cucamonga - Lead Agency
Planning Department
• 10500 Civi •Center Drive
Rancho Cucamonga, CA 91730.
B & C- 85
Mitigation Monitoring Program
DEVELOPMENT REVIEW DRC2010-00348D— FIEDLER GROUP for RALPHS
Page 2 •
3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as
determined by the project planner or responsible City department, to monitor specific mitigation
activities and provide appropriate written approvals to the project planner.
4. The project planner or responsible City department will approve, by signature and date, the
completion of each action item that was identified on the MMP Reporting Form. After each
measure is verified for compliance, no further action is required for the specific phase of
development.
5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off
as completed by the project planner or responsible City department at the bottom of the MMP
Reporting Form.
6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation
measures. The project planner is responsible for approving any such refinements.or additions.
An MMP Reporting Form will be completed by the project planner or responsible City department
and a copy provided to the appropriate design, construction, or operational personnel.
7. The project' planner or responsible City department has the authority to stop the work of
construction contractors if compliance with any aspects of the MMP is not occurring after written
notification has been issued. The project planner or responsible City department also has the
authority to hold certificates of occupancies if compliance with a'mitigation measure attached •
hereto is not occurring. The project planner or responsible City department has the authority to
hold issuance of a business license until all mitigation measures are implemented.
8. Any conditions (mitigation) that require monitoring after project completion shall be the
responsibility of the City of Rancho Cucamonga Planning Department. The Department shall
require the applicant to post any necessary funds (or other forms of guarantee)with the City.
These funds shall be used by the City to retain consultants and/or pay for City staff time to
monitor and report on the mitigation measure for the required period of time.
9. In those instances requiring long-term project monitoring, the applicant shall provide the City
with a plan for monitoring the mitigation activities at the project site and reporting the monitoring
results to the City. Said plan shall identify the reporter as an individual qualified to know whether
the particular mitigation measure has been implemented. The monitoring/reporting plan shall
conform to the City's MMP and shall be approved by the Community Development Director or
Planning Director prior to the issuance of building permits.
•
B & C- 86
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•
STUDIES DISTRIBUTED UNDER SEPARATE COVER:
• Air Emission Estimates
> Air Dispersion Module & Health Risk Assessment
> Traffic Analysis
STUDIES ARE AVAILABLE UPON REQUEST.
•
•
EXHIBIT R
B & C- 98
S South Coast
Air Quality Management District
Mini 6 21865 Copley Drive, Diamond Bar, CA 91765-4178
(909) 396-2000 • www.aqmd.gov
E-Mailed: February 23, 2011 February 23, 2011
james.troyer@CityofRC.us
Mr. James Troyer
Planning Director CIT'(0F RANCHO CUCAMONGA
City of Rancho Cucamonga
Planning Department FEB 2 8 2011
P.O. Box 807
Rancho Cucamonga, CA 91729
RECEIVED - PLANNING
Review of the Draft Mitigated Negative Declaration (MND) for the
Development Review Case DRC2010-00348D
The South Coast Air Quality Management District (AQMD) appreciates the opportunity
to comment on the above-mentioned document. The following comments are meant as
guidance for the lead agency and should be incorporated into the revised or final CEQA
document as appropriate.
The AQMD staff is concerned that the lead agency has not demonstrated that the
proposed project will have less than significant air quality impacts absent a localized air
quality analysis and greenhouse gas (GHG) emissions analysis for the project. Without
quantifying localized air quality impacts and GHG emissions impacts the lead agency is
unable to support its conclusion that the project will have less than significant air quality
impacts. Therefore, AQMD staff requests that the lead agency revise the CEQA
document to include a localized air quality analysis and GHG emissions analysis. In the
event that the revised CEQA document demonstrates significant adverse air quality
impacts the AQMD staff recommends that the lead agency require mitigation pursuant to
Section 15370 of the CEQA Guidelines.
•
EXHIBITS B & C 99
Mr. James Troyer 2 February 23, 2011
AQMD staff is available to work with the lead agency to address these air quality issues •
and any other questions that may arise. Please contact Dan Garcia, Air Quality Specialist
CEQA Section, at (909) 396-3304, if you have any questions regarding the enclosed
comments.
Sincerely,
Ian MacMillan
Program Supervisor, CEQA Inter-Governmental Review
Planning, Rule Development & Area Sources
Attachment
IM:DG
SBC1 1 01 28-05
Control Number
•
•
B & C-100
Mr. James Troyer 3 February 23, 2011
• Localized Construction Emission Impacts
1. The proposed project site is across the street from a day care facility and a residential
community (i.e., sensitive land uses), therefore, AQMD staff recommends that the
lead agency calculate localized air quality impacts in addition to the regional air
quality impacts analyzed in the air quality appendix of the MND. The results from
the localized air quality analysis should then be compared to the localized
significance thresholds (LSTs). The LSTs are used in conjunction with the
recommended regional significance thresholds to indicate whether ambient air quality
standards are exceeded locally when preparing a CEQA document. The AQMD staff
recommends that the lead agency quantify localized impacts by using the LSTs
developed by the AQMD for five acres of construction activity or less per day.
Guidance for performing a localized air quality analysis can be found at:
http://www.aqmd.gov/ceqa/handbook/LST/LST.htm.
Quantification of Greenhouse Gas (GHG) Emissions
2. The AQMD staff is concerned that the lead agency has failed to calculate GHG
emissions impacts from the proposed project. Section 15064.4 of the CEQA
guidelines requires that the lead agency "make a good faith effort" to quantify the
GHG emissions impacts from the proposed project. Further, the technical
information found in the air quality appendix of the MND provides the lead agency
• with adequate technical information (e.g., type of construction equipment, hours of
equipment operation, material delivery trips and energy consumption) to calculate the
GHG emissions impacts from the proposed project. Therefore, AQMD staff requests
that the lead agency revise the CEQA document to include a quantitative analysis of
greenhouse gases, a determination of significance, and, if necessary, feasible
mitigation measures.
Air Quality Mitigation Measures
3. In the event that the lead agency's revised CEQA document requested in comments
#1 and #2 demonstrates significant adverse air quality impacts the AQMD staff
recommends that the lead agency require mitigation pursuant to Section 15370 of the
CEQA Guidelines that could minimize or eliminate these impacts. To assist the lead
agency with identifying possible mitigation measures for the project, please refer to
Chapter 11 of the AQMD CEQA Air Quality Handbook for sample air quality
mitigation measures. Also, a list of mitigation measures for criteria pollutants can be
found on the AQMD's CEQA webpage at the following web address:
www.agmd.gov/ceQa/handbook/mitieation/MM intro.htm . Further, a list of
mitigation measures to reduce GHG's can be found at the California Air Pollution
Control Officer's Association Website at: http://www.capcoa.org/wp-
content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf
•
B & C-101
• City of Rancho Cucamonga
T � w MITIGATED NEGATIVE DECLARATION
;`t'1•k; � r��
The following Mitigated Negative Declaration is being circulated for public review in accordance with
the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code.
Project File No.: Development Review DRC2010-00348D
Public Review Period Closes: February 23, 2011
Project Name: Project Applicant: Fiedler Group
Project Location (also see attached map): Located in the Neighborhood Commercial (NC)
District, Terra Vista Community Plan (TVCP) located at the northeast corner of Haven Avenue and
Base Line Road -APN: 1076-481-25.
Project Description: A proposal to demolish an existing building at 7201 Haven Avenue to
construct a gas station consisting of five (5) dispensers, a kiosk, and overhead canopy within an
existing shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community
Plan (TVCP). Related file: Conditional Use Permit DRC2010-00348.
•
FINDING
This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an
Initial Study to determine if the project may have a significant effect on the environment and is
proposing this Mitigated Negative Declaration based upon the following finding:
The Initial Study identified potentially significant effects but:
(1) Revisions in the project plans or proposals made or agreed to by the applicant before this
proposed Mitigated Negative Declaration was released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence before the agency that the project, as revised, may have a
significant effect on the environment.
If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not
be required. The factual and analytical basis for this finding is included in the attached Initial
Study. The project file and all related documents are available for review at the City of Rancho
Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax
(909) 477-2847.
NOTICE
The public is invited to comment on the proposed Mitigated Negative Declaration during the
review period.
•
March 9, 2011
Date of Determination Adopted By
B & C- 97
RESOLUTION NO, 11-08
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2010-00348, A PROPOSAL TO DEMOLISH AN EXISTING
BUILDING AT 7201 HAVEN AVENUE TO CONSTRUCT A GAS STATION
CONSISTING OF FIVE (5) DISPENSERS,A KIOSK,AND AN OVERHEAD
CANOPY WITHIN AN EXISTING SHOPPING CENTER IN THE
NEIGHBORHOOD COMMERCIAL (NC) DISTRICT, TERRA VISTA
COMMUNITY PLAN (TVCP), LOCATED AT THE NORTHEAST CORNER
OF HAVEN AVENUE AND BASE LINE ROAD; AND MAKING FINDINGS IN
SUPPORT THEREOF —APN: 1076-481-25.
A. Recitals,
1. Fiedler Group, on behalf of Ralphs Gas, filed an application for the issuance of
Conditional Use Permit DRC2010-00348, as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Development Review request is referred to as "the application."
2. On the 9th day of March 2011, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded
said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
• B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
t This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the ,substantial evidence presented to this Commission during the
above-referenced meeting on March 9, 2011, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a shopping center located at the northeast corner of
Base Line Road and Haven Avenue; and
b. The shopping center is approximately 556,159 square feet (12.77 acres) that is
approximately 884 feet (east to west) by approximately 884 feet (north to south); and
c. The shopping center is comprised of thirteen (13) buildings with a combined floor
area of approximately 135,000 square feet; and
d. Seven (7) of the 13 buildings are contiguous to each other and form a single
crescent-shaped strip. This strip is comprised of three (3) anchor tenant buildings-one of these is
occupied by Ralphs Market. The remainder of the strip is comprised of four small tenant buildings.
• The other five (5) buildings are single- or multi-tenant pad buildings; and
B & C-102
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 2
•
e. The specific location of the project site is at the northwest corner of the shopping
center near the intersection of Haven Avenue and Valencia Avenue (APN: 1076-481-25). The
"area of work" is a parcel of approximately 36,270 square feet (0.83 acre) that is presently
developed with a 7,232 square foot retail building principally occupied by Blockbuster; and
f. With the exception of the Montessori Academy daycare/private school facility at the
northeast corner of Haven Avenue and Valencia Avenue, the shopping center is bound on all sides
•
by residential development; and
g. The zoning of the center is Neighborhood Commercial (NC) District, Terra Vista
Community Plan. The zoning of the properties to the north and east is Low-Medium (LM)
Residential District, Terra Vista Community Plan. The zoning of the properties to the south is
Medium (M) and Low-Medium (LM) Residential District, Terra Vista Community Plan. The zoning of
the properties to the west is Low (L) and Low-Medium (LM) Residential District; and
•
h. The existing combined gross floor area of the buildings within the shopping center
is approximately 135,000 square feet. Following the completion of the project,the combined gross
floor area will be reduced to approximately 132,000 square feet; and
i. The proposal is to demolish the existing retail building and in its place construct a
fuel station comprised of a kiosk of 179 square feet, an overhead canopy of approximately
3,480 square feet, and five (5) fuel dispensers with one fueling position on either side of each for a
total of ten (10) fueling positions. The proposal does not include a convenience store; and •
j. This application is in conjunction with Development Review DRC2010-00348D and
Tree Removal Permit DRC2010-00578; and
k. There are 710 parking stalls within the shopping center. The parking requirement
for the shopping center is 608 parking stalls based on a calculation of 4.5 stalls per 1,000 square
feet of floor area. The proposed project includes the demolition of the existing building which will
reduce the overall floor area of the shopping center. Also, eighteen (18) parking stalls will be
removed, which will leave 692 parking stalls remaining. The parking requirement for the shopping
center following the completion of the project will be 576 parking stalls.
3. Based upon the substantial evidence presented to this Commission' during the
above-referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed development is in accord with the General Plan,the objectives of the
Development Code and the Terra Vista Community Plan, and the purposes of the district in which
the site is located. The proposed project is a fuel station comprised of a kiosk of 179 square feet,
an overhead canopy of approximately 3,480 square feet, and five (5) fuel dispensers with one
fueling position on either side of each for a total of ten (10) fueling positions. The underlying
General Plan designation is Neighborhood Commercial.
b. The proposed development,together with the conditions applicable thereto, will not
be detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity. The project site is vacant;the proposed land use is consistent with the •
land uses within the shopping center where it is located, and the expectations of the community.
The zoning of the properties to the north and east is Low-Medium (LM) Residential District, Terra
Vista Community Plan. The zoning of the properties to the south is Medium (M) and Low-Medium
B & C-103
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
• March 9, 2011
•
Page 3
(LM) Residential District, Terra Vista Community Plan. The zoning of the properties to the west is
Low (L) and Low-Medium (LM) Residential District.
c. The proposed development complies with each of the applicable provisions of the
Development Code and the Terra Vista Community Plan. The proposed development otherwise
meets all standards outlined in the Development Code and the Terra Vista Community Plan and the
design and development standards and policies of the Planning Commission and the City.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application,the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and
Monitoring Program attached hereto, and incorporated herein by this reference, based upon the
findings as follows:
a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local
CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of
the project. Based on the findings contained in that Initial Study, City staff determined that, with the
imposition of mitigation measures, there would be no substantial evidence that the project would
have a significant effect on the environment. Based on that determination, a Mitigated Negative
Declaration was prepared. Thereafter, the City staff provided public notice of the public comment
period and of the intent to adopt the Mitigated Negative Declaration.
• b. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record
before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA;
and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that
the project will have a significant effect on the environment. The Planning Commission further finds
that the Mitigated Negative Declaration reflects the independent judgment and analysis of the
Planning Commission. Based on these findings, the Planning Commission hereby adopts the
Mitigated Negative Declaration.
c. The Planning Commission has also reviewed and considered the Mitigation
Monitoring Program for the project that has been prepared pursuant to the requirements of Public
Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission therefore
adopts the Mitigation Monitoring Program for the project.
d. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program and all other materials which constitute the record of proceedings
upon which the Planning Commission's decision is based is the Planning Director of the City of
Rancho Cucamonga. Those documents are available for public review in the Planning Department
of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga,
California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above,
. this Commission hereby approves the application subject to each and every condition set forth
• below and in the Standard Conditions, attached hereto and incorporated herein by this reference.
B & C-104
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 4
Planning Department
1) Approval is for the construction of a fuel station comprised of a kiosk of
179 square feet, an overhead canopy of approximately 3,480 square
feet, and five (5)fuel dispensers with one fueling position on either side
of each for a total of ten (10) fueling positions center in the
Neighborhood Commercial (NC) District, Terra Vista Community Plan
(TVCP), located at the northeast corner of Haven Avenue and
Base Line Road -APN: 1076-481-25.
2) Approval of this request includes the removal of six (6) trees per Tree
Removal Permit DRC2010-00578. New trees (minimum 24-inch box
size) shall be planted on a one-to-one basis to replace the trees that
have been removed.
3) Approval of this request shall not waive compliance with any sections
of the Development Code, Terra Vista Community Plan, State Fire
Marshal's regulations, Uniform Building Code, or any other City
Ordinances. •
4) The fuel station shall operate in conformance with the performance
standards as defined in the .Development Code including, but not
limited to, noise levels. If the operation of the fuel station causes •
adverse effects upon the shopping center, the tenants of the shopping
center, and/or adjacent residences, then the Conditional Use Permit
shall be brought before the Planning Commission for consideration and
possible revocation of the Conditional Use Permit. •
5) Any modification or intensification of the existing uses including a
change in operating hours, change in fuel delivery schedules/routes,
any improvements including expansion of the kiosk and/or addition of
fuel dispensers, and/or other modifications/intensification beyond what
is specifically approved by this Conditional Use Permit, shall require the
review and approval by the Planning Commission prior to submittal of
documents for plan check/occupancy, construction, commencement of
the activity, and/or issuance of a business license. •
6) The fuel station is approved to operate 24 hours per day.
7) Fuel delivery trucks are prohibited from using the segment of Valencia
Avenue between the driveway at Valencia Avenue that is located •
approximately 140 feet east of Haven Avenue and Base Line Road.
8) Fuel deliveries shall be limited to the hours between 6:00 a.m. and •
10:00 p.m.
9) Audio advertising and ambient music is prohibited at all times. •
10) Outdoor storage of operating equipment, supplies, materials,and trash
is prohibited.
B & C-105
•
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
• March 9, 2011
Page 5
11) The outdoor merchandise units shall be limited to an aggregate area
with a linear dimension not to exceed 6 feet. These units shall be
located immediately adjacent to the kiosk and shall not protect from the
wall plane of the kiosk more than 4 feet. These units shall be locked
between 10:00 p.m. and 6:00 a.m.
12) All signs shall comply with the City's Sign Ordinance and Uniform Sign
Program #64 (as amended per DRC2010-00537).
13) All Conditions of Approval for Development Review DRC2010-00348D
shall apply.
Engineering Department
1) Development impact fees due at Building permit issuance (subject to
change/periodic increases).
2) Bring the southeast corner of Haven Avenue and Valencia Avenue up
to ADA compliance (ok for the existing monument sign to be 1 foot
behind the sidewalk).
3) Install a traffic signal at the intersection of Haven Avenue and
• Valencia Avenue. The developer shall receive a credit from the City's
backbone and emergency vehicle pre-emption portions against, and
reimbursement of costs in excess of, the Transportation Development
Fee in conformance with City policy. If the developer fails to submit for
said reimbursement agreement within 6 months of the public
improvements being accepted by the City, all rights of the developer to
reimbursement shall terminate.
Environmental Mitigation
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. The contractor shall
ensure that all construction equipment is being properly serviced and
maintained as per manufacturers'specifications. Maintenance records
shall be available at the construction site for City verification.
2) Prior to the issuance of any grading permits,the developer shall submit
Construction Plans to the City denoting the proposed schedule and
projected equipment use. Construction contractors shall provide
evidence that low-emission mobile construction equipment will be
utilized, or that their use was investigated and found to be infeasible for
the project. Contractors shall also conform to any construction
measures imposed by the South Coast Air Quality Management District
• (SCAQMD) as well as City Planning staff.
B & C-106
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 6
•
•
3) All paints and coatings shall meet or exceed performance standards
noted in SCAQMD Rule 1113. Paints and coatings shall be applied •
either by hand or high-volume, low-pressure spray.
4) All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
5) All construction equipment shall comply with SCAQMD Rules 402 and
403. Additionally, contractors shall include the following provisions:
• Reestablish ground cover on the construction site through
seeding and watering.
• Pave or apply gravel to any on-site haul roads.
• Phase grading to prevent the susceptibility of large areas to
erosion over extended periods of time.
• Schedule activities to minimize the amounts of exposed
excavated soil during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices.
• Sweep streets according to a schedule established by the City if •
silt is carried over to adjacent public thoroughfares or occurs as a
result of hauling. Timing may vary depending upon the time of
year of construction.
• Suspend grading operations during high winds(i.e.,wind speeds
exceeding 25 mph) in accordance with SCAQMD Rule 403
requirements.
• Maintain a minimum 24-inch freeboard ratio on soils haul trucks
or cover payloads using tarps or other suitable means.
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and Regional Water Quality Control Board
[RWQCB]) daily to reduce Particulate Matter (PM1o) emissions, in
accordance with SCAQMD Rule 403.
7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PM•0 emissions.
8) The construction contractor shall utilize electric or clean alternative
fuel-powered equipment where feasible.
9) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment when
not in use. •
10) Projects shall be developed under the adopted 2010 General Plan
Update implementing the following measures, derived from the
SCAQMD's AQMP, where feasible, in order to reduce criteria air
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PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
• March 9, 2011
Page 7
pollutant emissions, primarily related to vehicular travel and energy.
Potential measures for consideration in future projects include:
• Schedule truck deliveries and pickups during off-peak hours.
• Improve thermal integrity of the buildings and reduce thermal load
with automated time clocks or occupant sensors.
• Landscape with native and/or drought-resistant species to reduce
water consumption and to provide passive solar benefits.
• Provide lighter color roofing and road materials and tree planning
programs to comply with the AQMP Miscellaneous Sources MSC-
01 measure.
11) All industrial and commercial facilities shall post signs requiring that
trucks shall not be left idling for prolonged periods(i.e., in excess of 10
minutes).
12) All residential and commercial structures shall be required to
incorporate high-efficiency/low-polluting heating, air conditioning,
appliances, and water heaters.
• 13) All residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
14) All new development in the City of Rancho Cucamonga shall comply
with South Coast Air Quality Management District's Rule 445, Wood
Burning Devices. Rule 445 was adopted in March 2008 to reduce
emissions of PM2.5 and precludes the installation of indoor or outdoor
wood burning devices (i.e. fireplaces/hearths) in new development on
or after March 9, 2009.
Biological Resources
1) New trees (minimum 24-inch box size)shall be planted on a one-to-one
basis to replace the six(6) trees that are removed. The species of the
replacement trees shall match the species of the trees that are
removed.
Cultural Resources
•
1) If any prehistoric archaeological resources are encountered before or
during grading, the developer will retain a qualified archaeologist to
monitor construction activities,to take appropriate measures to protect
or preserve them for study. With the assistance of the archaeologist,
the City of Rancho Cucamonga will:
•
• Enact .interim measures to protect undesignated sites from
demolition or significant modification without an opportunity for •
the City to establish its archaeological value.
B & C-108
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 8
• Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their special
qualities as a theme or focal point.
• Pursue educating the public about the areas archaeological
heritage.
• Propose mitigation measures and recommend conditions of
approval to eliminate adverse project effects on significant,
important, and unique prehistoric resources, following
appropriate CEQA guidelines.
• Prepare a technical resources management report,documenting
the inventory, evaluation, and proposed mitigation of resources
within the project area. Submit one copy of the completed report
with original illustrations to the San Bernardino County
Archaeological Information Center for permanent archiving.
2) If any paleontological resource (i.e. plant or animal fossils) are
encountered before or during grading, the developer will retain a
qualified paleontologist to monitor construction activities, to take
appropriate measures to protect or preserve them for study. The
paleontologist shall submit a report of findings that will also provide
specific recommendations regarding further mitigation measures (i.e., •
paleontological monitoring)that may be appropriate. Where mitigation
monitoring is appropriate, the program must include, but not be limited
to, the following measures:
• Assign a paleontological monitor, trained and equipped to allow
the rapid removal of fossils with minimal construction delay, to
the site full-time during the interval of earth-disturbing activities.
• Should fossils be found within an area being cleared or graded,
divert earth-disturbing activities elsewhere until the monitor has
completed salvage. If construction personnel make the
discovery, the grading contractor should immediately divert
construction and notify the monitor of the find.
• Prepare, identify, and curate all recovered fossils for
documentation in the summary report and transfer to an
appropriate depository (i.e., San Bernardino County Museum).
• Submit summary report to City of Rancho Cucamonga. Transfer
collected specimens with a copy of the report to San Bernardino
County Museum.
Geology and Soils
1) The site shall be treated with water or other soil stabilizing agent •
(approved by SCAQMD and RWQCB)daily to reduce PM10 emissions,
in accordance with SCAQMD Rule 403.
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PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011
Page 9
2) Frontage public streets shall be swept according to a schedule
established by the City to reduce PM10 emissions associated with
vehicle tracking of soil off-site. Timing may vary depending upon the
time of year of construction.
3) Grading operations shall be suspended when wind speeds exceed 25
mph to minimize PM10 emissions from the site during such episodes.
4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall
be applied to all inactive construction areas that remain inactive for 96
hours or more to reduce PM10 emissions.
Hydrology and Water Quality
1) Prior to issuance of grading permits, the permit applicant shall submit
to Building Official for approval, Storm Water Pollution Prevention Plan
(SWPPP) specifically identifying Best Management Practices (BMPs)
that shall be used on-site to reduce pollutants during construction
activities entering the storm drain system to the maximum extent
practical.
2) An Erosion Control Plan shall be prepared, included in the Grading
• Plan, and implemented for the proposed project that identifies specific
measures to control on-site and off-site erosion from the time ground
disturbing activities are initiated through completion of grading. This
Erosion Control Plan shall include the following measures at a
minimum: a) Specify the timing of grading and construction to
minimize soil exposure to rainy periods experienced in Southern
California, and b) An inspection and maintenance program shall be
included to ensure that any erosion which does occur either on-site or
off-site as a result of this project will be corrected through a
remediation or restoration program within a specified time frame.
3) During construction, temporary berms such as sandbags or gravel
dikes must be used to prevent discharge of debris or sediment from the
site when there is rainfall or other runoff.
4) During construction, to remove pollutants, street cleaning will be
performed prior to storm events and after the use of water trucks to
control dust in order to prevent discharge of debris or sediment from
the site.
5) The developer shall implement the BMPs identified in the Water
Quality Management Plan prepared by Fiedler Group on July 29,2010,
to reduce pollutants after construction entering the storm drain system
to the maximum extent practical.
• 6) Landscaping plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides. Landscaped
areas shall be monitored and maintained for at least two years to
ensure adequate coverage and stable growth. Plans for these areas,
B & C-110
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 10
including monitoring provisions for a minimum of two years, shall be
submitted to the City for review and approval prior to the issuance of
grading permits.
7) Prior to issuance of building permits, the applicant shall submit to the
City Building Official for approval of a Water Quality Management Plan
(WQMP), including a project description and identifying Best
Management Practices (BMPS) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent
practicable. The WQMP shall identify the structural and non-structural
measures consistent with the Guidelines for New Development and
Redevelopment adopted by the City of Rancho Cucamonga in
June 2004.
8) Prior to issuance of grading or paving permits, the applicant shall
obtain a Notice of Intent(NOI)to comply with obtaining coverage under
the National Pollutant Discharge Elimination System (NPDES) General
Construction Storm Water Permit from the State Water Resources
Control Board. Evidence that this has been obtained (i.e., a copy of
the Waste Discharger's Identification Number)shall be submitted to the
City Building Official for coverage under the NPDES General
Construction Permit.
Noise •
1) Business operations shall maintain a noise level at 60dB or less during
the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading
activities including opening, closing, or other handling of boxes, crates,
containers, building materials, garbage cans, or other similar objects
between the hours of 10:00 p.m. and 7:00 a.m. in a manner which
would cause a noise disturbance to residential areas.
2) Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday.
3) Construction or grading noise levels shall not exceed the standards
specified in Development Code Section 17.02.120-D, as measured at
the property line. Developer shall hire a consultant to perform weekly
noise level monitoring as specified in Development Code
Section 17.02.120. Monitoring at other times may be required by the
Building Official. Said consultant shall report their findings to the
Building Official within 24 hours; however, if noise levels exceed the
above standards, then the consultant shall immediately notify the
Building Official. If noise levels exceed the above standards, then
construction activities shall be reduced in intensity to a level of
compliance with above noise standards or halted.
4) Haul truck deliveries shall not take place between the hours of •
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday. Additionally, if heavy trucks used
•
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PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
• March 9, 2011
Page 11
for hauling would exceed 100 daily trips (counting both to and from the
construction site), then the developer shall prepare a noise mitigation
plan denoting any construction traffic haul routes. To the extent
feasible, the plan shall denote haul routes that do not pass sensitive
land uses or residential dwellings.
Traffic
1) The applicant shall install a set of traffic signals at the intersection of
• Haven Avenue and Valencia Avenue. The installation shall comply
with the design/technical standards and requirements as established
by the City's Traffic Engineering Department.
6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
•
ATTEST:
James R. Troyer, AICP, Secretary
I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 9th day of March 2011, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
•
B & C-112
4t COMMUNITY DEVELOPMENT
Art*
44
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00348
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: FIEDLER GROUP FOR RALPHS GAS
LOCATION: 7201 HAVEN AVENUE —APN: 1076-481-25
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
• Completion Date
General Requirements
1. The applicant shall agree to defend at his sole expense any action brought against the City, it- _/_/_
agents, officers, or employees, because of the issuance of such approval, or in the alternative, t•
relinquish such approval. The applicant shall reimburse the City, its agents, officers, o
employees, for any Court costs and attorney's fees which the City, its agents, officers, o
employees may be required by a court to pay as a result of such action. The City may, at its sol=
discretion, participate at its own expense in the defense of any such action but such participatio
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 11-08, Standar• /_/_
Conditions, and all environmental mitigations shall be included on the plans (full size). Th.
sheet(s)are for information only to all parties involved in the construction/grading activities and art
not required to be wet sealed/stamped by a licensed Engineer/Architect.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. Th= /_/_
project planner will confirm which fees apply to this project. All checks are to be made payable t•
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior t•
the Planning Commission or Planning Director hearing:
a) Mitigated Negative Declaration - $ 2,094.00 X
B. Time Limits
1. Conditional Use Permit approval shall expire if building permits are not issued or approved use ha- _/_/_
not commenced within 5 years from the date of approval. No extensions are allowed.
•
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— Project No.DRC2010-00348
Completion Date
C. Site Development — •
1. The site shall be developed and maintained in accordance with the approved plans which includ• —/—/
site plans, architectural elevations,exterior materials and colors, landscaping, sign program, an•
grading on file in the Planning Department, the conditions contained herein, Development Cod:
regulations, and the Terra Vista Community Plan.
2. Prior to any use of the project site or business activity being commenced thereon, all Conditions o / /
Approval shall be completed to the satisfaction of the Planning Director.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code an• / /
. State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall b=
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safe
Department to show compliance. The buildings shall be inspected for compliance prior t•
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall b: / /-
submitted for Planning Director review and approval prior to the issuance of building permits.
5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated fo _/—/-
consistency prior to issuance of any permits (such as grading, tree removal, encroachment
building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approve•
use has commenced, whichever comes first.
6. Approval of this request shall not waive compliance with all sections of the Development Code, al —/—/_
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the tim-
of building permit issuance.
7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approve• —/—/-
by the Planning .Director and Police Department (477-2800) prior to the issuance of buildin• •
permits. Such plan shall indicate style, illumination,location, height, and method of shielding so a
not to adversely affect adjacent properties.
8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall b• /—/_
located out of public view and adequately screened through the use of a combination of concret=
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. Fo
single-family residential developments, transformers shall be placed in underground vaults.
9. All building 'numbers and individual units shall be identified in a clear and concise manner, / /-
including proper illumination.
D. Shopping Centers
1. Graffiti shall be removed within 72 hours. —/ /
2. The entire site shall be kept free from trash and debris at all times and in no event shall trash an• / /
debris remain for more than 24 hours.
3. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." —/—/—
4. All operations and businesses shall be conducted to comply with the following standards whic
shall be incorporated into the lease agreements for all tenants:
a., Noise Level - All commercial activities shall not create any noise that would exceed a —/—/_
exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during th•
hours of 7 a.m. until 10 p.m.
2 •
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Project No.DRC2010-00348
Completion Date
b. Loading and Unloading-No person shall cause the loading, unloading, opening,closing,o _/_/_
• other handling of boxes, crates, containers, building materials, garbage cans, or othe
similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein
in a manner which would cause a noise disturbance to a residential area.
E. Building Design
1. All roof appurtenances, including air conditioners and other roof mounted equipment and/o _/ /_
projections shall be screened from all sides and the sound shall be buffered from adjacen
properties and streets as required by the Planning Department. Such screening shall b=
architecturally integrated with the building design and constructed to the satisfaction of th=
Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that project-
vertically more than 18 inches above the roof or roof parapet, shall be screened by a
architecturally designed enclosure which exhibits a permanent nature with the building design an•
is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork
that projects vertically less than 18 inches above the roof or roof parapet shall be painte•
consistent with the color scheme of the building. Details shall be included in building plans.
F. Landscaping
1. Existing trees required to be preserved in place shall be protected with a construction barrier i / /_
accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. Th=
location of those trees to be preserved in place and new locations for transplanted trees shall b=
shown on the detailed landscape plans. The applicant shall follow all of the arborist-
recommendations regarding preservation, transplanting, and trimming methods.
• 2. All walls shall be provided with decorative treatment. If located in public maintenance areas, th= _/_/_
design shall be coordinated with the Engineering Services Department.
G. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/ /_
Any signs proposed for this development shall comply with the Sign Ordinance and shall requir=
separate application and approval by the Planning Department prior to installation of any signs.
H. Other Agencies
1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and locatio _/_/_
of mailboxes. Multi-family residential developments shall provide a solid overhead structure fo
mailboxes with adequate lighting. The final location of the mailboxes and the design of th=
overhead structure shall be subject to Planning Director review and approval prior to the issuanc=
of building permits.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) •
I. General Requirements
1. Submit five complete sets of plans including the following: / /_
a. Site/Plot Plan;
•
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Project No.DRC2010-00348
Completion Date
b. Foundation Plan;
c. Floor Plan; • •
d. Ceiling and Roof Framing Plan;
e. Electrical Plans(2 sets, detached)including the size of the main switch, number and size o
service entrance conductors, panel schedules, and single line diagrams;
f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and wast=
diagram, sewer or septic system location, fixture units, gas piping, and heating and ai
conditioning; and
g. Planning Department Project Number (i.e., DRC2010-00348 DRC2010-00348D) clearl
identified on the outside of all plans.
2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_
Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal.
3. Contractors must show proof of State and City licenses and Workers'Compensation coverage t• /_/_
the City prior to permit issuance.
4. Separate permits are required for fencing and/or walls. —/ /—
5. Business shall not open.for operation prior to posting the Certificate of Occupancy issued by th= _/_/_
Building and Safety Department.
J. Site Development . •
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall b: _/_/_
marked with the project file number(i.e., DRC2010-00348 and DRC2010-00348D). The applican •
shall comply with the latest adopted California Codes, and all other applicable codes, ordinances
and regulations in effect at the time of permit application. Contact the Building and Safe
Department for availability of the Code Adoption Ordinance and applicable handouts.
2. Prior to issuance of building permits for a new commercial or industrial development project o / /_
major addition, the applicant shall pay development fees at the established rate. Such fees ma
include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportatio
Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Progra
deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to th-
Building and Safety Department prior to permits issuance.
3. Street addresses shall be provided by the Building and Safety Official after tract/parcel ma• / /_
recordation and prior to issuance of building permits.
4. Construction activity shall not occur between the hours of 8:00 p.m.and 6:30 a.m. Monday throug _/_/_
Saturday, with no construction on Sunday or holidays.
K. New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearance- _/_/_
considering use, area, and fire-resistiveness.
2. Provide compliance with the California Building Code for required occupancy separations. _--
3. Provide draft stops in attic areas. —/—/-
•
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4. Exterior walls shall be constructed of the required fire rating in accordance with CBC. _/_/_
• 5. Openings in exterior walls shall be protected in accordance with CBC. _/_/_
6. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_
L. Grading
1. Grading of the subject property shall be in accordance with California Building Code, City Gradin• _/_/_
Standards, and accepted grading practices. The final grading plan shall be in substantia
conformance with the approved grading plan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California t• _/_/_
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the tim• / /_
of application for grading plan check.
4. The final grading plan, appropriate certifications and compaction reports shall be completed, / /_
submitted, and approved by the Building and Safety Official prior to the issuance of buildin•
permits.
5. A separate grading plan check submittal is required for all new construction projects and fo /_/_
existing buildings where improvements being proposed will generate 50 cubic yards or more o'
combined cut and fill. The grading plan shall be prepared, stamped, and signed by a Californi-
registered Civil Engineer.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT, (909)477-2740
OR COMPLIANCE WITH THE FOLLOWING CONDITIONS: •
. Dedication and Vehicular Access
•
1. Corner property line cutoffs shall be dedicated per City Standards. _/ /
N. Street Improvements
1. Pursuant to City Council Resolution No 88-557, no person shall make connections from a source /_/_
of energy, fuel or power to any building which is regulated by technical codes and for which -
permit is required unless, in addition to any and all other codes, regulations and ordinances, al
improvements required by these conditions of development approval have been completed an•
accepted by the City Council, except: that in developments containing more than one building o
unit, the development may have energy connections made to a percentage of those buildings, o
units proportionate to the completion of improvements as required by conditions of approval o
development. In no case shall more than 95 percent of the buildings or units be connected t•
energy prior to completion and acceptance of all improvements required by these conditions o'
approval of development.
•
5
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B & C-117
Project No.DRC2010-00348
•
Completion Date
2. Construct the following perimeter street improvements including, but not limited to: _/_/_
Curb& A.C. Side- Drive Street Street Comm Traffic •
Street Name Gutter Pvmt walk Appr. Lights Trees Trail Signal Other
Haven Avenue X X (9)
Valencia Street X X (9)
Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavemen
reconstruction and overlays will be determined during plan check. (c) If so marked,sidewalk shal
be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provide•
for this item(e)modifying existing LMD area until project is approved/accepted by the City(g)brine
corner up to ADA compliance.
3. Improvement Plans and Construction:
a. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, an• / /_
interconnect conduit shall be installed to the satisfaction of the City Engineer.
b. Signal conduit with pull boxes shall be installed with any new construction or reconstructio _/_/_
project along major or secondary streets and at intersections for future traffic signals an•
interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outsid=
of BCR, ECR, or any other locations approved by the City Engineer.
Notes:
1) Pull boxes shall be No.6 at intersections and No. 5 along streets, a maximum of 20•
feet apart, unless otherwise specified by the City Engineer.
2) Conduit shall be 3-inch galvanized steel with pull rope or as specified.
c. Handicapped access ramps shall be installed on all corners of intersections per Ci _/_/_ •
Standards or as directed by the City Engineer.
d. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall ba _/_/_
installed to City Standards, except for single family residential lots.
e. Existing City roads requiring construction shall remain open to traffic at all times wit _/_/_
adequate detours during construction. Street or lane closure permits are required. A cas
deposit shall be provided to cover the cost of grading and paving, which shall be refunde•
upon completion of the construction to the satisfaction of the City Engineer.
f. Prior to any work being performed in public right-of-way, fees shall be paid and _/_/_
construction permit shall be obtained from the City Engineer's Office in addition to any othe
permits required.
0. Utilities
1. The developer shall be responsible for any required relocation of existing utilities if necessary. _/_/_
6 •
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B & C-118
Project No.DRC2010-00348
Completion Date
General Requirements and Approvals
1. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shal _/ /_
be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable i
at least 50%of all wastes generated during construction and demolition are diverted from landfills
and appropriate documentation is provided to the City. Form CD-1 shall be submitted to th=
Engineering Department when the first building permit application is submitted to Building an•
Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following th=
completion of the construction and/or demolition project.
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FO-s
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Q. Security Lighting
1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_
These areas should be lighted from sunset to sunrise and on photo sensored cell.
2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,wit _/_/_
direct lighting to be provided by all entryways. Lighting shall be consistent around the enti=
development.
3. Lighting in exterior areas shall be in vandal-resistant fixtures.- _/_/—
R. Windows
1. Storefront windows shall be visible to passing pedestrians and traffic. _/_/_
• 2. Security glazing is recommended on storefront windows to resist window smashes and imped= _/_/_
entry to burglars.
S. Building Numbering • - •
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttim= / /_
visibility.
T. Alarm Systems
1. Install a burglar alarm system and a panic alarm if needed. Instructing management an. / /_
employees on the operation of the alarm system will reduce the amount of false alarms and in tur
save dollars and lives.
2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number: (909) 941-1488 _/_/_
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTIO
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWIN
CONDITIONS:
SEE ATTACHED
•
7
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B & C-119
44? t., City of Rancho Cucamonga DRC2010-00348 &00349
• Building & Safety Department
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
•,0 : T: (909)477-2710 F: (909)477-2711
GRADING COMMITTEE
PROJECT REPORT&RECOMMENDED CONDITIONS
Project No.: DRC2010-00348 & -00349 Type: Gas Station
Location: 7201 Haven Avenue (SE Corner Haven Ave &Valencia Ave) •
Planning Department: MICHAEL SMITH APN: 1076-481-25 thru 35
Meeting Date: September 14, 2010 By: Matthew Addington
Acceptable for Planning Commission: Yes: xxx No:
If NO, see COMMENTS below: .
PRELIMINARY: •
GRC: September 14, 2010 By: •• •- • :.•din•ton
--------)
FINAL: �/
PC Meeting: 13 ( ( By: /i /
Note: Building and Safety— Grading will review and co ent on future submitta for this
project.
A) STANDARD CONDITIONS - Standard Building and Safety - Grading and Planning
Department standard conditions for Grading and Drainage Plans.
• 1) Grading of the subject property shall be in accordance with current adopted
California Building Code, City Grading Standards, and accepted grading practices.
The Grading and Drainage Plan(s) shall be in substantial conformance with the
approved conceptual Grading and Drainage Plan.
2) A soils report shall be prepared by a qualified Engineer licensed by the State of
California to perform such work. Two copies will be provided at grading and
drainage plan submittal for review. Plans shall implement design recommendations
per said report.
3) A geologic report shall be prepared by a qualified Engineer or Engineering Geologist
and submitted at the time of application for Grading and Drainage Plan review.
4) The final Grading and Drainage Plan, appropriate certifications and compaction
reports shall be completed, submitted, and approved by the Building and Safety
Official prior to the issuance of building permits.
5) A separate Grading and Drainage Plan check submittal is required for all new
construction projects and for existing buildings where improvements being proposed
will generate 50 cubic yards or more of combined cut and fill. The Grading and
Drainage Plan shall be prepared, stamped, and wet signed by a California licensed
Civil Engineer.
6) The applicant shall comply with the City of Rancho Cucamonga Dust Control
Measures and place a dust control sign on the project site prior to the issuance of a
• grading permit.
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B & C-120
n•= City of Rancho Cucamonga DRC2010-00348 & 00349
eribi Building & Safety Department
10500 Civic Center Dr. •
Rancho Cucamonga, CA 91730
M T: (909)477-2710 F: (909)477-2711
7) If a Rough Grading and Drainage Plan/Permit are submitted to the Building and
Safety Official for review, that plan shall be a separate plan/permit from Precise
Grading and Drainage Plan/Permit.
B) A drainage study showing a 100-year, AMC 3 design storm event for on-site
drainage shall be prepared and submitted to the Building and Safety Official for
review and approval for on-site storm water drainage prior to issuance of a grading
permit. All reports shall be wet signed and sealed by the Engineer of Record.
9) It shall be the responsibility of the applicant to acquire any required off-site drainage
easements prior to the issuance of a grading permit.
10) It shall be the responsibility of the applicant to acquire any required off-site drainage
acceptance letter(s) from adjacent downstream property owner(s) or discharge flows
in a natural condition (concentrated flows are not accepted) and shall provide the
Building and Safety Official a drainage study showing the proposed flows do not
exceed the existing flows prior to the issuance of a grading permit.
11) It shall be the responsibility of the applicant to obtain written permission from the
adjacent property owner(s) to construct wall on property line or provide a detail(s)
showing the perimeter wall(s) to be constructed offset from the property line.
12) The Final Grading and Drainage Plan shall show the accessibility path from the •
public right of way and the accessibility parking stalls to the building doors in
conformance with the current adopted California Building Code. All accessibility
ramps shall show sufficient detail including gradients, elevations, and dimensions
and comply with the current adopted California Building Code.
13) The Grading and Drainage Plan shall Implement City Standards for on-site
construction where possible, and provide details for all work not covered by City
Standard Drawings.
14) All slopes shall be a minimum 2-foot offset from the public right of way or adjacent
private property.
15) Private sewer, water, and storm drain improvements will be designed per the, latest
adopted California Plumbing Code.
16) The maximum parking stall gradient is 5 percent. Accessibility parking stall grades
shall be constructed per the, current adopted California Building Code.
17) Roof storm water is not permitted to flow over the public parkway and shall be
directed to an under parkway culvert per City of Rancho Cucamonga requirements
prior to issuance of a grading permit.
18) The final grading and drainage plan shall show existing topography a minimum of
100-feet beyond project boundary.
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B & C-121
„x_xSM;,. City of Rancho Cucamonga DRC2010-00348 &00349
• Building &i Safety Department
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
T: (909)477-2710 F: (909)477-2711
19) The applicant shall provide a grading agreement and grading bond for all cut and fill
combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The
grading agreement and bond shall be approved by the Building and Safety Official.
20) This project shall comply with the accessibility requirements of the current adopted
California Building Code.
21) The precise grading and drainage plan shall follow the format provided in the City of
Rancho Cucamonga handout"Information for Grading Plans and Permit”.
22) Grading Inspections:
a) Prior to the start of grading operations the owner and grading contractor
shall request a pre-grading meeting. The meeting shall be attended by
the project owner/representative, the grading contractor and the
Building Inspector to discuss about grading requirements and
preventive measures, etc. If a pre-grading meeting is not held within 24
hours from the start of grading operations, the grading permit may be
subject to suspension by the Building Inspector;
b) The grading contractor shall call into the City of Rancho Cucamonga
Building and Safety Department at least 1 working day in advance to
•
request the following grading inspections prior to continuing grading
operations:
i) The bottom of the over-excavation
ii) Completion of Rough Grading, prior to issuance of the building
permit;
iii) At the completion of Rough Grading, the grading contractor or
owner shall submit to the Permit Technicians (Building and Safety
Front Counter) an original and a copy of the Pad Certifications to
be prepared by and properly wet signed and sealed by the Civil
Engineer and Soils Engineer of Record;
iv) The rough grading certificates and the compaction reports will be
reviewed by the Associate Engineer or a designated person and
approved prior to the issuance of a building permit.
23) Prior to the issuance of the Certificate of Occupancy the engineer of record shall
certify the functionality of the storm water quality management plan (WQMP) best
management practices (BMP) devices.
B) COMMENTS - The following items shall be corrected / completed, submitted to, reviewed
and approved by staff prior to scheduling the project for a Planning Commission hearing.
Copies of required easement/right-of-way documents, including legal descriptions, shall be
• submitted for review prior to obtaining final signatures. The review period for the above
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B & C-122
>sr' ;-:- City of Rancho Cucamonga DRC2010-00348 & 00349
Building & Safety Department
10500 Civic Center Dr. •
Rancho Cucamonga, CA 91730
:_ �.+' •
T. (909) 477-2710 F: (909)477-2711
will generally be a minimum of two weeks or longer depending upon the adequacy and
complexity of the submittal:
1) Please note that at this conceptual level a review of the accessibility access is not
performed. It is the responsibility of the applicant to meet all accessibility
requirements.
2) Provide the utility purveyors on the title sheet of the conceptual grading and drainage
plan.
3) Provide the Assessor's Parcel Number on the title sheet of the conceptual grading
and drainage plan. .
4) Please show the proposed sewer layout with invert elevations on the conceptual
grading and drainage plan.
C) SPECIAL CONDITIONS
1) The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection •
Wells) with the Facility ID Number assigned to the Building and Safety Official prior
to issuance of the grading permit for any underground water quality management
plan (WQMP) best management practices (BMPs).
2) An HCOC exists for the downstream receiving water. The downstream receiving
water (Mill Creek, Prado Area) is experiencing significant degradation of its banks.
The project shall implement a volume-based treatment control BMP
(retention/detention facility) on each lot. The Storm Water Quality Management Plan
and the grading plan must contain an appropriate volume based BMP prior to the
issuance of a grading permit.
3) A precise grading plan shall be submitted to the Building and Safety Services
Department for review and permitting prior to the start of demolition and grading
activities.
4) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard
lined gutters and swales where concentrated flows exceed 3fps, and anywhere that
flow lines exceed 10 percent.
5) If more than 5,000 square feet of combined asphalt concrete and PCC parking and
driveway surface area are removed, a Water Quality Management Plan (WQMP) will
be required for this project. Contact the Building and Safety Department for
additional direction/information.
IA BUILDING 8 00349 Arco Canwash\DRC2010-00348 Grading Committee Project Report, •
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B & C-123
City of Rancho Cucamonga DRC2010-00348 &00349
• Building & Safety Department
10500 v Ce
Rancho Ci Cucamongaic entr Dr., CA 91730
4 M:.< T: (909)477-2710 F: (909) 477-2711
6) Prior to removing fences or walls along common lot lines and prior to constructing
walls along common lot lines the applicant shall provide a letter from the adjacent
property owner(s) allowing work on the adjacent property.
7) Prior to the issuance of a grading permit the applicant shall provide the to Building
and Safety Services Official a copy of the City of Rancho Cucamonga's
Memorandum of Agreement for Storm Water Quality Management Plan for review
prior to recordation of the document. The Memorandum of Agreement for Storm
Water Quality Management Plan shall be recorded prior to issuance of a grading
permit.
D) WATER QUALITY MANAGEMENT PLAN
1) The Water Quality Management Plan dated July 29, 2010 prepared by the Fiedler
Group has been deemed substantially complete. Please use the City of Rancho
Cucamonga form for Section 6.
•
•
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B & C-124
icto 00, Rancho Cucamonga Fire Protection District
Fire Construction Services
STANDARD CONDITIONS
June 10, 2010
Ralphs Fueling station
NEC Haven & Baseline
DRC2010-00348 & 349
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT
The RCFPD Procedures & Standards which are referenced in this document can be access on the web
at http://www.ci.rancho-cucamonga.ca.us/fre/index.htm under the Fire Safety Division & Fire Construction
Services section. Search by article; the preceding number of the standard refers to the article. Chose
the appropriate article number then a drop down menu will appear, select the corresponding standard.
FSC-1 Public and Private Water Supply
1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and
• location of fire hydrants:
a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No
portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant.
For cul-de-sacs, the distance shall not exceed 100-feet.
b. The preferred locations for fire hydrants are:
1. At the entrance(s) to a commercial, industrial or residential project from the public
roadways.
2. At intersections.
3. On the right side of the street, whenever practical and possible.
4. As required by the Fire Safety Division to meet operational needs of the Fire District.
5. A minimum of forty-feet (40') from any building.
c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant
measured on an approved route around the exterior of the facility or building, additional private
or public fire hydrants and mains capable of supplying the required fire flow shall be provided.
d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof.
FSC-2 Fire Flow
1. The required fire flow for this project is 1500 gallons per minute at a minimum residual pressure of
20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix, as
adopted by the Fire District Ordinances.
2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide
the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent
property shall not be used to provide required fire flow.
• 3. Fire protection water plans are required for all projects that must extend the existing water supply to
or onto the site. Building permits will not be issued until public fire protection water plans are
approved.
B & C-125
4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the
proposed project site. • •
FSC-6 Fire District Site Access
Fire District access roadways include public roads, streets and highways, as well as private roads,
streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access
Roadways Standard.
1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-
feet of Fire District vehicle access, measure on an approved route around the exterior of the
building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed
obstructions.
2. Specifications for private Fire District access roadways per the RCFPD Standards are:
a. The minimum unobstructed width is 26-feet.
b. The maximum inside turn radius shall be 24-feet.
c. The minimum outside turn radius shall be 50-feet.
d. The minimum radius for cul-de-sacs is 45-feet.
e. The minimum vertical clearance is 14-feet, 6-inches.
f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side.
g. The angle of departure and approach shall not exceed 9-degrees or 20 percent.
• h. The maximum grade of the driving surface shall not exceed 12%.
i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW).
j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-
feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department
apparatus.
3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided
as follows: •
a. In buildings without high-piled storage, access shall be provided in accordance with the 2001
California Building Code, Fire and/or any other applicable standards.
b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or
major fraction thereof, of the exterior wall that faces the required access roadways. When
railways are installed provisions shall be made to maintain Fire District access to all required
openings.
4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access
road to all required building exterior openings.
a.
5. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan
illustrating the proposed delineation that meets the minimum Fire District standards shall be included
in the architectural plans submitted to B&S for approval.
6. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on
the site plan. A copy of the approved Alternative Method application, if applicable, must be
reproduced on the architectural plans submitted to B&S for plan review.
7. Roof Access: There shall be a means of fire department access from the exterior walls of the
buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs
less than 75' above the level of the fire access road.
a. This access must be reachable by either fire department ground ladders or by an aerial ladder.
b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with
construction features, or high parapets that inhibit roof access.
c. The number of ladder points may be required to be increased, depending on the building size
and configuration. •
d. Regardless of the parapet height or construction features the approved ladder point shall be
identified in accordance to the roof access standard.
•
•
•
B & C-126
e. Where the entire roof access is restricted by high parapet walls or other obstructions, a
• permanently mounted access ladder is required.
f. Multiple access ladders may be required for larger buildings.
g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A.
h. A site plan showing the locations of the roof ladder shall be submitted during plan check.
i. Ladder points shall face a fire access roadway(s).
FSC-10 Occupancy and Hazard Control Permits
Listed are those Fire Code permits commonly associated with the business operations and/or building
construction. Plan check submittal is required with the permit application for approval of the permit; field
inspection is required prior to permit issuance. General Use Permit shall be required for any activity or
operation not specifically described below, which in the judgment of the Fire Chief is likely to produce
conditions that may be hazardous to life or property.
• Motor Vehicle Fuel-Dispensing Operation
• Compressed Gases Repair Garages
• Flammable and Combustible Liquids Spraying or Dipping Operations
• Hazardous Materials Tents, Canopies and/or Air Supported
Structures
• High-Pile Combustible Storage (HPS) Tire Storage
• Liquefied Petroleum Gases Welding and Cutting Operations
FSC-11 Hazardous Materials —Submittal to the County of San Bernardino
The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan
for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials
Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA
Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga.
• 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be
finalized until the San Bernardino County Fire Department reviews your Business
Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from
issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific
hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be
required if regulation substances are to be used or stored at the new facility.
2, Any business that operates on rented or leased property which is required to submit a Plan, is also
required to submit a notice to the owner of the property in writing stating that the business is subject
to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The
tenant must provide a copy of the Plan to the property owner within five (5) working days, if
requested by the owner.
FSC-12 Hazardous Materials - Submittal to Fire Construction Services
Plans shall be submitted and approved prior to construction of buildings and/or the installation of
equipment designed to store, use or dispense hazardous materials in accordance with the 2007California
Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other
implemented and/or adopted standards.
FSC-13 Alternate Method Application
Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when
submitted. The request must be submitted on the Fire District "Application for Alternate Method" form
along with supporting documents and payment of the $92 review fee.
FCS-14 Map Recordation ,
• 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are
required on this project. The project appears to be located on a property that is being subdivided.
The reciprocal agreement is required to be recorded between property owners and the Fire District.
B & C-127
The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall
approve the agreement, prior to recordation. The agreement shall be recorded with the County of
San Bernardino, Recorders Office. •
Reciprocal access agreement — Please provide a permanent access agreement between the
owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access
to the subject property. The agreement shall include a statement that no obstruction, gate, fence,
• building or other structure shall be placed within the dedicated access, without Fire Department
approval. The agreement shall have provisions for emergency situations and the assessing of cost
recovery to the property by the fire District.
Reciprocal water covenant — Please provide a permanent maintenance and service covenant
between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District
for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire
protection systems facilities in general). The covenant shall have provisions for emergency
situations and the assessing of cost recovery to the property by the fire District.
Chronological Summary of RCFPD Standard Conditions
PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the
issuance of any building permits:
1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans,
specifications, flow test data and calculations for the private water main system for review and
approval by the Fire District. Plans and installation shall comply with Fire District Standards.
Approval of the on-site (private) fire underground and water plans is required prior to any building •
permit issuance for any structure on the site. Private on-site combination domestic and fire supply
system must be designed in accordance with RCFPD Standards. The Building & Safety Division
and Fire Construction Services will perform plan checks and inspections.
All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any
combustible framing materials to the site. Fire construction Services will inspect the installation,
witness hydrant flushing and grant a clearance before lumber is dropped.
2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the
locations of all new public fire hydrants for the review and approval by the Fire District and CCWD.
On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference
the RCFPD Water Plan Submittal Procedure Standard.
All required public fire hydrants shall be installed, flushed and operable prior to delivering any
combustible framing materials to the site. CCWD personnel shall inspect the installation and
witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of
the public water system by CCWD. Fire Construction Services must grant a clearance before
lumber is dropped.
3. Construction Access: The access roads must be paved in accordance with all the requirements of
the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least
14' 6" above the finished surface of the road.
4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for
obtaining the fire flow information from CCWD and submitting the letter to Fire Construction
Services.
5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with
the County of San Bernardino.
•
B 81C-128
4
PRIOR TO THE RELEASE OF TEMPORARY POWER
•The building construction must be substantially completed in accordance with Fire Construction Services'
"Temporary Power Release Checklist and Procedures".
PRIOR TO THE RELEASE OF TEMPORARY POWER
The building construction must be substantially completed in accordance with Fire Construction Services'
"Temporary Power Release Checklist and Procedures".
PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following:
1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire
hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga
Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property,
the markers shall be installed at the centerline of the fire access road, at each hydrant location.
2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the
presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site
fire hydrants. The underground fire line contractor, developer and/or owner are responsible for
hiring the company to perform the test. A final test report shall be submitted to Fire Construction
Services verifying the fire flow available. The fire flow available must meet or exceed the required
fire flow in accordance with the California Fire Code.
3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler
system(s) shall be tested and accepted by Fire Construction Services.
4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler
monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler
monitoring system shall be installed, tested and operational immediately following the completion of
the fire sprinkler system (subject to the release of power). •
• 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected,
tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is
placed in service.
6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall
•
be installed, inspected, tested and accepted by Fire Construction Services.
7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must
be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction
Services,
8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access
roadways must be installed in accordance with the approved plans and acceptable to Fire
Construction Services.
The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and
contain an approved fire access roadway map with provisions that prohibit parking, specify the
method of enforcement and identifies who is responsible for the required annual inspections and the
maintenance of all required fire access roadways.
9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family
buildings shall post the address in accordance to the appropriate RCFPD addressing Standard.
10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction
Services.
11. Confidential Business Occupancy Information: The applicant shall complete the Rancho
Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides
contact information for Fire District use in the event of an emergency at the subject building or
property. This form must be presented to the Fire Construction Services Inspector.
• 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 1/2' x 11" or 11" x 17"
site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect
the actual location of all devices and building features as required in the standard. The site plan
must be reviewed and accepted by the Fire Inspector.
•
B & C-129
• RESOLUTION NO. 11-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW DRC2010-00348D, A PROPOSAL TO DEMOLISH AN EXISTING
BUILDING AT 7201 HAVEN AVENUE TO CONSTRUCT A GAS STATION
CONSISTING OF FIVE (5) DISPENSERS, A KIOSK, AND AN OVERHEAD
CANOPY WITHIN AN EXISTING SHOPPING CENTER IN THE
NEIGHBORHOOD COMMERCIAL (NC) DISTRICT, TERRA VISTA
COMMUNITY PLAN(TVCP), LOCATED AT THE NORTHEAST CORNER OF
HAVEN AVENUE AND BASE LINE ROAD; AND MAKING FINDINGS IN
SUPPORT THEREOF—APN: 1076-481-25.
A. Recitals.
1. Fiedler Group, on behalf of Ralphs Gas, filed an application for the issuance of
Development Review DRC2010-00348D, as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Development Review request is referred to as "the application."
2. On the 9th day of March 2011, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said
hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
• B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission
of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part
A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced meeting on March 9, 2011, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a shopping center located at the northeast corner of Base
Line Road and Haven Avenue; and
b. The shopping center is approximately 556,159 square feet (12.77 acres) that is
approximately 884 feet (east to west) by approximately 884 feet (north to south);
c. The shopping center is comprised of thirteen (13) buildings with a combined floor
area of approximately 135,000 square feet; and
d. Seven (7) of the 13 buildings are contiguous to each other and form a single
crescent-shaped strip. This strip is comprised of three (3) anchor tenant buildings - one of these is
occupied by Ralphs Market. The remainder of the strip is comprised of four small tenant buildings.
• The other five (5) buildings are single- or multi-tenant pad buildings; and
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DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
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e. The specific location of the project site is at the northwest corner of the shopping
center near the intersection of Haven Avenue and Valencia Avenue(APN: 1076-481-25). The"area
of work" is a parcel of approximately 36,270 square feet(0.83 acre)that is presently developed with a
7,232-square foot retail building principally occupied by Blockbuster; and
• f. With the exception of the Montessori Academy daycare/private school facility at the
northeast corner of Haven Avenue and Valencia Avenue, the shopping center is bound on all sides
by residential development; and
g. The zoning of the center is Neighborhood Commercial (NC) District, Terra Vista
Community Plan. The zoning of the properties to the north and east is Low-Medium(LM) Residential
District, Terra Vista Community Plan. The zoning of the properties to the south is Medium (M) and
Low-Medium (LM) Residential District, Terra Vista Community Plan. The zoning of the properties to
the west is Low (L) and Low-Medium (LM) Residential District; and
h. The existing combined gross floor area of the buildings within the shopping center is
approximately 135,000 square feet. Following the completion of the project,the combined gross floor
area will be reduced to approximately 132,000 square feet; and
i. The proposal is to demolish the existing retail building and in its place construct a
fuel station comprised of a kiosk of 179 square feet, an overhead canopy of approximately
3,480 square feet, and five (5) fuel dispensers with one fueling position on either side of each for a
total of ten (10) fueling positions. The proposal does not include a convenience store; and •
j. This application is in conjunction with Conditional Use Permit DRC2010-00348 and
Tree Removal Permit DRC2010-00578; and
k. There are 710 parking stalls within the shopping center. The parking requirement for
the shopping center is 608 parking stalls based on a calculation of 4.5 stalls per 1,000 square feet of
floor area. The proposed project includes the demolition of the existing building,which will reduce the
overall floor area of the shopping center. Also, eighteen (18) parking stalls will be removed, which will
leave 692 parking stalls remaining. The parking requirement for the shopping center following the
completion of the project will be 576 parking stalls.
3. Based upon the substantial evidence presented to this Commission during the
above-referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed development is in accord with the General Plan,the objectives of the
Development Code and the Terra Vista Community Plan, and the purposes of the district in which the
site is located. The proposed project is a fuel station comprised of a kiosk of 179 square feet, an
overhead canopy of approximately 3,480 square feet, and five (5) fuel dispensers with one fueling
position on either side of each for a total of ten (10)fueling positions. The underlying General Plan
designation is Neighborhood Commercial.
b. The proposed development,together with the conditions applicable thereto,will not
be detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity. The project site is vacant;the proposed land use is consistent with the •
land uses within the shopping center where it is located, and the expectations of the community. The
zoning of the properties to the north and east is Low-Medium (LM) Residential District, Terra Vista
Community Plan. The zoning of the properties to the south is Medium (M) and Low-Medium (LM)
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• March 9, 2011
Page 3
(LM) Residential District, Terra Vista Community Plan. The zoning of the properties to the west is
Low (L) and Low-Medium (LM) Residential District.
c. The proposed development complies with each of the applicable provisions of the
Development Code and the Terra Vista Community Plan. The proposed development otherwise
meets all standards outlined in the Development Code and the Terra Vista Community Plan and the
design and development standards and policies of the Planning Commission and the City.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application, the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and
Monitoring Program attached hereto, and incorporated herein by this reference, based upon the
findings as follows:
a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local
CEQA Guidelines,the City staff prepared an Initial Study of the potential environmental effects of the
project. Based on the findings contained in that Initial Study, City staff determined that, with the
imposition of mitigation measures, there would be no substantial evidence that the project would have
a significant effect on the environment. Based on that determination, a Mitigated Negative
Declaration was prepared. Thereafter, the City staff provided public notice of the public comment
period and of the intent to adopt the Mitigated Negative Declaration.
• b. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record
before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA;
and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the
project will have a significant effect on the environment. The Planning Commission further finds that
the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning
Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated
Negative Declaration.
c. The Planning Commission has also reviewed and considered the Mitigation
Monitoring Program for the project that has been prepared pursuant to the requirements of Public
Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission therefore
adopts the Mitigation Monitoring Program for the project.
d. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon
which the Planning Commission's decision is based is the Planning Director of the City of Rancho
Cucamonga. Those documents are available for public review in the Planning Department of the City
of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730,
telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above,this
• Commission hereby approves the application subject to each and every condition set forth below and
in the Standard Conditions, attached hereto and incorporated herein by this reference.
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PLANNING COMMISSION RESOLUTION NO. 11-09
DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011 •
Page 4
Planning Department
•
1) Approval is for the construction of a fuel station comprised of a kiosk of
179 square feet, an overhead canopy of approximately 3,480 square
feet, and five (5)fuel dispensers with one fueling position on either side
of each for a total of ten (10) fueling positions center in the
Neighborhood Commercial (NC) District, Terra Vista Community Plan
(TVCP), located at the northeast corner of Haven Avenue and Base Line
Road -APN: 1076-481-25.
2) Approval of this request includes the removal of six (6) trees per Tree
Removal Permit DRC2010-00578. New trees (minimum 24-inch box
size) shall be planted on a one-to-one basis to replace the trees that
have been removed.
3) Approval of this request shall not waive compliance with any sections of
the Development Code, Terra Vista Community Plan, State Fire
Marshal's regulations, Uniform Building Code, or any other City
Ordinances.
•
4) The canopy structure shall be finished with stucco to match the other
buildings within the shopping center.
5) All downspouts on all elevations of the kiosk shall be routed through the •
interior of the kiosk.
6) The output surface (face) of all lamp heads on wall-mounted light
fixtures and the light standards shall be parallel to the ground in order to
eliminate glare and minimize lighting on adjacent properties. The
maximum height of light standards, including the base, measured from
the finished surface is 15 feet.
7) New walls, including retaining walls, shall be constructed of decorative
masonry block such as slumpstone or stackstone, or have a decorative
finish such as stucco.
8) The enhanced vapor recovery system shall be a horizontally-mounted
"Healy Tank." The Healy tank is to be screened behind a decorative
block wall enclosure and landscaping.
9) The Landscape Plan shall comply with Ordinance No. 823 adopted by
the City Council on December 2, 2010. All landscaping shall be installed
prior to final acceptance of the building and/or project site as complete
and release for occupancy.
10) Enhance landscaping in the planter proposed at the east side of the
project site by adding trees and shrubs.
11) Any new ground-mounted equipment and utility boxes, including •
transformers, back-flow devices, etc., shall be screened by a minimum
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of two rows of shrubs spaced a minimum of 18 inches on center. This
• equipment shall be painted forest green.
12) All Double Detector Checks (DDC) and Fire Department Connections
(FDC) required and/or proposed shall be screened behind a 4-foot high
block wall. These walls shall have a decorative finish to match the
architecture of the shopping center.
13) The door(s) on the kiosk shall be painted to match the color of the
adjacent wall.
•
14) The applicant shall submit a final draft (incorporating any applicable
technical corrections to the text, format, etc.) of the amendment to
Uniform Sign Program No. 64 (Related file: DRC2010-00537) for the
City's records prior to issuance of building permits. All signs shall
require review and approval of a separate Sign Permit application by the
_ Planning Director prior to installation.
15) All Conditions of Approval for Conditional Use Permit DRC2010-00348
shall apply.
Engineering Department
• 1) Development impact fees are due at Building permit issuance(subject to
change/periodic increases).
2) Bring the southeast corner of Haven Avenue and Valencia Avenue up to
ADA compliance (ok for the existing monument sign to be 1 foot behind
the sidewalk).
3) Install a traffic signal at the intersection of Haven Avenue and Valencia
Avenue. The developer shall receive a credit from the City's backbone
and emergency vehicle pre-emption portions against, and
reimbursement of costs in excess of, the Transportation Development
Fee in conformance with City policy. If the developer fails to submit for
said reimbursement agreement within 6 months of the public
improvements being accepted by the City, all rights of the developer to
reimbursement shall terminate.
Environmental Mitigation
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. The contractor shall
ensure that all construction equipment is being properly serviced and
• maintained as per manufacturers'specifications. Maintenance records
shall be available at the construction site for City verification.
2) Prior to the issuance of any grading permits,the developer shall submit
Construction Plans to the City denoting the proposed schedule and
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projected equipment use. Construction contractors shall provide
evidence that low-emission mobile construction equipment will be
utilized, or that their use was investigated and found to be infeasible for
the project. Contractors shall also conform to any construction
measures imposed by the South Coast Air Quality Management District
(SCAQMD) as well as City Planning staff.
3) All paints and coatings shall meet or exceed performance standards
noted in SCAQMD Rule 1113. Paints and coatings shall be applied
either by hand or high-volume, low-pressure spray.
4) All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
5) All construction equipment shall comply with SCAQMD Rules 402 and
403. Additionally, contractors shall include the following provisions:
• Reestablish ground cover on the construction site through seeding
and watering.
• Pave or apply gravel to any on-site haul roads.
• Phase grading to prevent the susceptibility of large areas to
erosion over extended periods of time. •
• Schedule activities to minimize the amounts of exposed excavated
soil during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices.
• Sweep streets according to a schedule established by the City if
silt is carried over to adjacent public thoroughfares or occurs as a
result of hauling. Timing may vary depending upon the time of
year of construction.
• Suspend grading operations during high winds (i.e., wind speeds
exceeding 25 mph) in accordance with SCAQMD Rule 403
requirements.
• Maintain a minimum 24-inch freeboard ratio on soils haul trucks or
cover payloads using tarps or other suitable means.
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and Regional Water Quality Control Board
[RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in
accordance with SCAQMD Rule 403.
7) Chemical soil-stabilizers(approved by SCAQMD and RWQCB)shall be
applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PMio emissions. •
8) The construction contractor shall utilize electric or clean alternative fuel-
powered equipment where feasible.
B & C-135
•
PLANNING COMMISSION RESOLUTION NO. 11-09
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• March 9, 2011
Page 7
9) The construction contractor shall ensure that construction-grading plans
include a statement that work crews will shut off equipment when not in
use.
10) Projects shall be developed under the adopted 2010 General Plan
Update implementing the following measures, derived from the
SCAQMD's AQMP, where feasible, in order to reduce criteria air
pollutant emissions, primarily related to vehicular travel and energy.
Potential measures for consideration in future projects include:
• Schedule truck deliveries and pickups during off-peak hours.
• Improve thermal integrity of the buildings and reduce thermal load
with automated time clocks or occupant sensors.
• Landscape with native and/or drought-resistant species to reduce
water consumption and to provide passive solar benefits.
• Provide lighter color roofing and road materials and tree planning
programs to comply with the AQMP Miscellaneous Sources MSC-01
measure.
•
• 11) All industrial and commercial facilities shall post signs requiring that
trucks shall not be left idling for prolonged periods (i.e., in excess of 10
minutes).
12) All residential and commercial structures shall be required to incorporate
high-efficiency/low-polluting heating, air conditioning, appliances, and
water heaters.
13) All residential and commercial structures shall be required to incorporate
thermal pane windows and weather-stripping.
14) All new development in the City of Rancho Cucamonga shall comply
with South Coast Air Quality Management District's Rule 445, Wood
Burning Devices. Rule 445 was adopted in March 2008 to reduce
emissions of PM2.5 and precludes the installation of indoor or outdoor
wood burning devices(i.e.fireplaces/hearths) in new development on or
after March 9, 2009.
Biological Resources •
1) New trees (minimum 24-inch box size) shall be planted on a one-to-one
basis to replace the six (6) trees that are removed. The species of the
replacement trees shall match the species of the trees that are removed.
• Cultural Resources
1) If any prehistoric archaeological resources are encountered before or
during grading, the developer will retain a qualified archaeologist to
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Page 8
• monitor construction activities, to take appropriate measures to protect
or preserve them for study. With the assistance of the archaeologist,
the City of Rancho Cucamonga will:
• Enact interim measures to protect undesignated sites from
demolition or significant modification without an opportunity for the
City to establish its archaeological value.
• Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their special
qualities as a theme or focal point.
• Pursue educating the public about the areas archaeological •
heritage.
• Propose mitigation measures and recommend conditions of
approval to eliminate adverse project effects on significant,
important, and unique prehistoric resources,following appropriate
CEQA guidelines.
• Prepare a technical resources management report, documenting
the inventory, evaluation, and proposed mitigation of resources
within the project area. Submit one copy of the completed report
with original illustrations to the San Bernardino County •
Archaeological Information Center for permanent archiving.
2) If any paleontological resource (i.e. plant or animal fossils) are
encountered before or during grading, the developer will retain a
qualified paleontologist to monitor construction activities, to take
appropriate measures to protect or preserve them for study. The
paleontologist shall submit a report of findings that will also provide
specific recommendations regarding further mitigation measures (i.e.,
paleontological monitoring) that may be appropriate. Where mitigation
monitoring is appropriate, the program must include, but not be limited
to, the following measures:
• Assign a paleontological monitor, trained and equipped to allow
the rapid removal of fossils with minimal construction delay,to the
site full-time during the interval of earth-disturbing activities.
• Should fossils be found within an area being cleared or graded,
divert earth-disturbing activities elsewhere until the monitor has
completed salvage. If construction personnel make the discovery,
the grading contractor should immediately divert construction and
notify the monitor of the find.
•
• Prepare, identify, and curate all recovered fossils for
documentation in the summary report and transfer to an
appropriate depository (i.e., San Bernardino County Museum). •
• Submit summary report to City of Rancho Cucamonga. Transfer
collected specimens with a copy of the report to San Bernardino
County Museum.
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Geology and Soils
1) The site shall be treated with water or other soil stabilizing agent
(approved by SCAQMD and RWQCB) daily to reduce PM10 emissions,
in accordance with SCAQMD Rule 403 or re-planted with drought
resistant landscaping as soon as possible.
2) Frontage public streets shall be swept according to a schedule
established by the City to reduce PM10 emissions associated with
vehicle tracking of soil off-site. Timing may vary depending upon the
time of year of construction.
3) Grading operations shall be suspended when wind speeds exceed 25
mph to minimize PM1p emissions from the site during such episodes.
4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB)shall be
applied to all inactive construction areas that remain inactive for 96
hours or more to reduce PM10 emissions.
• Hydrology and Water Quality
1) Prior to issuance of grading permits,the permit applicant shall submit to
• Building Official for approval, Storm Water Pollution Prevention Plan
(SWPPP) specifically identifying Best Management Practices (BMPs)
that shall be used on-site to reduce pollutants during construction
activities entering the storm drain system to the maximum extent
practical.
2) An Erosion Control Plan shall be prepared, included in the Grading Plan,
and implemented for the proposed project that identifies specific
measures to control on-site and off-site erosion from the time ground
disturbing activities are initiated through completion of grading. This
•
Erosion Control Plan shall include the following measures at a minimum:
a) Specify the timing of grading and construction to minimize soil
exposure to rainy periods experienced in Southern California, and b)An
inspection and maintenance program shall be included to ensure that •
any erosion which does occur either on-site or off-site as a result of this
project will be corrected through a remediation or restoration program
within a specified time frame.
3) During construction, temporary berms such as sandbags or gravel dikes
must be used to prevent discharge of debris or sediment from the site
when there is rainfall or other runoff.
4) During construction, to remove pollutants, street cleaning will be
performed prior to storm events and after the use of water trucks to
control dust in order to prevent discharge of debris or sediment from the
•
site.
•
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PLANNING COMMISSION RESOLUTION NO. 11-09
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March 9, 2011 •
Page 10
5) The developer shall implement the BMPs identified in the Water Quality
Management Plan prepared by Fiedler Group on July 29, 2010, to
reduce pollutants after construction entering the storm drain system to
the maximum extent practical.
6) Landscaping plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides. Landscaped
areas shall be monitored and maintained for at least two years to ensure
adequate coverage and stable growth. Plans for these areas, including
monitoring provisions for a minimum of two years, shall be submitted to
the City for review and approval prior to the issuance of grading permits.
•
7) Prior to issuance of building permits, the applicant shall submit to the
City Building Official for approval of a Water Quality Management Plan
(WQMP), including a project description and identifying Best
Management Practices (BMPs) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent
practicable. The WQMP shall identify the structural and non-structural
measures consistent with the Guidelines for New Development and
Redevelopment adopted by the City of Rancho Cucamonga in
• June 2004.
8) Prior to issuance of grading or paving permits,the applicant shall obtain •
a Notice of Intent (NOI) to comply with obtaining coverage under the
National Pollutant Discharge Elimination System (NPDES) General
Construction Storm Water Permit from the State Water Resources
Control Board. Evidence that this has been obtained (i.e., a copy of the
Waste Discharger's Identification Number)shall be submitted to the City
Building Official for coverage under the NPDES General Construction
Permit.
Noise
1) Business operations shall maintain a noise level at 60dB or less during
the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading
activities including opening, closing, or other handling of boxes, crates,
containers, building materials, garbage cans, or other similar objects
between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would
cause a noise disturbance to residential areas.
2) Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time
on Sunday or a national holiday.
3) Construction or grading noise levels shall not exceed the standards
specified in Development Code Section 17.02.120-D, as measured at
the property line. Developer shall hire a consultant to perform weekly •
noise level monitoring as specified in Development Code
Section 17.02.120. Monitoring at other times may be required by the
Building Official. Said consultant shall report their findings to the
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• March 9, 2011
Page 11
Building Official within 24 hours; however, if noise levels exceed the
above standards, then the consultant shall immediately notify the
Building Official. If noise levels exceed the above standards, then
construction activities shall be reduced in intensity to a level of
compliance with above noise standards or halted.
4) Haul truck deliveries shall not take place between the hours of 8:00 p.m.
and 6:30 a.m. on weekdays, including Saturday, or at any time on
Sunday or a national holiday. Additionally, if heavy trucks used for
hauling would exceed 100 daily trips (counting both to and from the
construction site), then the developer shall prepare a noise mitigation
plan denoting any construction traffic haul routes. To the extent
feasible, the plan shall denote haul routes that do not pass sensitive
land uses or residential dwellings.
Traffic
1) The applicant shall install a set of traffic signals at the intersection of
Haven Avenue and Valencia Avenue. The installation shall comply with
the design/technical standards and requirements as established by the
City's Traffic Engineering Department.
• 6. The Secretary to this Commission shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST:
James R. Troyer, AICP, Secretary
I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 9th day of March 2011, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
•
B & C-140
Q COMMUNITY DEVELOPMENT
wv = DEPARTMENT
STANDARD CONDITIONS
PROJECT #: DRC2010-00348D
SUBJECT: DEVELOPMENT REVIEW
APPLICANT: FIEDLER GROUP FOR RALPHS GAS
LOCATION: 7201 HAVEN AVENUE -APN: 1076-481-25
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
• Completion Date
General Requirements
1. The applicant shall agree to defend at his sole expense any action brought against the City, it- _/_/_
agents, officers, or employees, because of the issuance of such approval, or in the alternative, t•
relinquish such approval. The applicant shall reimburse the City, its agents, officers, o
employees, for any Court costs and attorney's fees which the City, its agents, officers, o
employees may be required by a court to pay as a result of such action. The City may, at its sol:
discretion, participate at its own expense in the defense of any such action but such participatio
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 11-09, Standar. _/_/_
Conditions, and all environmental mitigations shall be included on the plans (full size). Th>
sheet(s)are for information only to all parties involved in the construction/grading activities and art
not required to be wet sealed/stamped by a licensed Engineer/Architect.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. Th= _/_/_
project planner will confirm which fees apply to this project. All checks are to be made payable t•
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior t•
the Planning Commission or Planning Director hearing:
a) Mitigated Negative Declaration -$ 2,094.00 X
B. Time Limits
1. Development/Design Review approval shall expire if building permits are not issued or approve• /_/_
use has not commenced within 5 years from the date of approval. No extensions are allowed.
•
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Completion Date
C. Site Development — •
1. The site shall be developed and maintained in accordance with the approved plans which includ= /—/
site plans, architectural elevations,exterior materials and colors, landscaping, sign program, an•
grading on file in the Planning Department, the conditions contained herein, Development Cod:
regulations, and the Terra Vista Community Plan.
2. Prior to any use of the project site or business activity being commenced thereon,all Conditions o / /
Approval shall be completed to the satisfaction of the Planning Director.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code an• / /
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall b:
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safe
Department to show compliance. The buildings shall be inspected for compliance prior t.
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall b: _/ /-
submitted for Planning Director review and approval prior to the issuance of building permits.
5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated fo / /
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approve•
use has commenced, whichever comes first.
6. Approval of this request shall not waive compliance with all sections of the Development Code, al —/—/-
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the tim=
of building permit issuance.
7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approve. /—/-
by the Planning Director and Police Department (477-2800) prior to the issuance of buildin• •
permits. Such plan shall indicate style, illumination, location, height,and method of shielding so s-
not to adversely affect adjacent properties.
8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall b= / /-
located out of public view and adequately screened through the use of a combination of concret=
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. Fo
single-family residential developments, transformers shall be placed in underground vaults.
9. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
D. Shopping Centers
1. Graffiti shall be removed within 72 hours. —/ /
2. The entire site shall be kept free from trash and debris at all times and in no event shall trash an• / /
debris remain for more than 24 hours.
3. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." / /
4. All operations and businesses shall be conducted to comply with the following standards whic
shall be incorporated into the lease agreements for all tenants:
a. Noise Level - All commercial activities shall not create any noise that would exceed a —/—/—
exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during th=
hours of 7 a.m. until 10 p.m.
•
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Project No. DRC2010-00348D
Completion Date
b. Loading and Unloading-No person shall cause the loading, unloading, opening, closing, o _/_/_
• other handling of boxes, crates, containers, building materials, garbage cans, or othe
similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein
in a manner which would cause a noise disturbance to a residential area.
E. Building Design
1. All roof appurtenances, including air conditioners and other roof mounted equipment and/o /_/_
projections shall be screened from all sides and the sound shall be buffered from adjacen
properties and streets as required by the Planning Department. Such screening shall b•
architecturally integrated'with the building design and constructed to the satisfaction of tilt..
Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that project-
vertically more than 18 inches above the roof or roof parapet, shall be screened by a
architecturally designed enclosure which exhibits a permanent nature with the building design an•
is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork
that projects vertically less than 18 inches above the roof or roof parapet shall be painte•
consistent with the color scheme of the building. Details shall be included in building plans.
•
F. Landscaping
1. Existing trees required to be preserved in place shall be protected with a construction barrier i _/_/_
accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. Th=
location of those trees to be preserved in place and new locations for transplanted trees shall b=
shown on the detailed landscape plans. The applicant shall follow all of the arborist-
recommendations regarding preservation, transplanting, and trimming methods.
• 2. All walls shall be provided with decorative treatment. If located in public maintenance areas, th= /_/_
design shall be coordinated with the Engineering Services Department.
G. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval /_/_
Any signs proposed for this development shall comply with the Sign Ordinance and shall requir=
separate application and approval by the Planning Department prior to installation of any signs.
H. Other Agencies
1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and locatio /_/_
of mailboxes. Multi-family residential developments shall provide a solid overhead structure fo
mailboxes with adequate lighting. The final location of the mailboxes and the design of th=
overhead structure shall be subject to Planning Director review and approval prior to the issuanc=
of building permits.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
•
I. General Requirements
1. Submit five complete sets of plans including the following: _/—/—
a. Site/Plot Plan;
•
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Project No. DRC2010-00348D
Completion Date
b. Foundation Plan;
c. Floor Plan; •
•
d. Ceiling and Roof Framing Plan;
e. Electrical Plans(2 sets, detached)including the size of the main switch, number and size o
service entrance conductors, panel schedules, and single line diagrams;
f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and wast=
diagram, sewer or septic system location, fixture units, gas piping, and heating and ai
conditioning; and
g. Planning Department Project Number(i.e., DRC2010-00348 and DRC2010-00348D)clearl
identified on the outside of all plans.
2. Submit two sets of structural calculations, energy conservation calculations, and a soils report / /-
Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal.
3. Contractors must show proof of State and City licenses and Workers'Compensation coverage t• / /-
the City prior to permit issuance.
4. Separate permits are required for fencing and/or walls. —/ /
5, Business shall not open for operation prior to posting the Certificate of Occupancy issued by th= /—/-
Building and Safety Department.
J. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall b: /—/-
marked with the project file number(i.e., DRC2010-00348 and DRC2010-00348D). The applican •
shall comply with the latest adopted California Codes, and all other applicable codes, ordinances •
and regulations in effect at the time of permit application. Contact the Building and Safe
Department for availability of the Code Adoption Ordinance and applicable handouts.
2. Prior to issuance of building permits for a new commercial or industrial development project o / /
major addition, the applicant shall pay development fees at the established rate. Such fees ma
include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportatio
Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Progra
deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to th=
Building and Safety Department prior to permits issuance.
3. Street addresses shall be provided by the Building and Safety Official after tract/parcel ma• / /
recordation and prior to issuance of building permits.
4. Construction activity shall not occur between the hours of 8:00 p.m.and 6:30 a.m. Monday throug —/—/—
Saturday, with no construction on Sunday or holidays.
K. New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearance- —/ /-
considering use, area, and fire-resistiveness.
2. Provide compliance with the California Building Code for required occupancy separations. / /
3. Provide draft stops in attic areas. —/—/—
4 •
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Project No. DRC2010-003480
Completion Date
4. Exterior walls shall be constructed of the required fire rating in accordance with CBC. _/_/_
• 5. Openings in exterior walls shall be protected in accordance with CBC. _/_/_
6. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_
L. Grading
1. Grading of the subject property shall be in accordance with California Building Code, City Gradin• /_/_
Standards, and accepted grading practices. The final grading plan shall be in substantia
conformance with the approved grading plan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California t• / /_
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the tim= _/_/_
of application for grading plan check.
•
4. The final grading plan, appropriate certifications and compaction reports shall be completed _/_/_
submitted, and approved by the Building and Safety Official prior to the issuance of buildin•
permits.
5. A separate grading plan check submittal is required for all new construction projects and fo _/_/_
existing buildings where improvements being proposed will generate 50 cubic yards or more o
combined cut and fill. The grading plan shall be prepared, stamped, and signed by a Californi-
registered Civil Engineer.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT, (909)477-2740
4 OR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
. Dedication and Vehicular Access
1. Corner property line cutoffs shall be dedicated per City Standards.
N. Street Improvements
1. Pursuant to City Council Resolution No 88-557, no person shall make connections from a sourc=
of energy, fuel or power to any building which is regulated by technical codes and for which -
permit is required unless, in addition to any and all other codes, regulations and ordinances, al
improvements required by these conditions of development approval have been completed an•
accepted by the City Council, except: that in developments containing more than one building o
unit, the development may have energy connections made to a percentage of those buildings, o
units proportionate to the completion of improvements as required by conditions of approval o'
development. In no case shall more than 95 percent of the buildings or units be connected t•
energy prior to completion and acceptance of all improvements required by these conditions o
approval of development. .
•
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• B & C-145
Project No. DRC2010-00348D
Completion Date
2. Construct the following perimeter street improvements including, but not limited to: —/—/—
Curb 8 A.C. Side- Drive Street Street Comm Traffic •
Street Name Gutter Pvmt walk Appr. Lights Trees Trail Signal Other
Haven Avenue X X (g)
Valencia Street X X (g)
Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavemen
reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shal
be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provide•
for this item(e) modifying existing LMD area until project is approved/accepted by the City(g)brine
corner up to ADA compliance.
3. Improvement Plans and Construction: —/ /
a. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, an• / /
interconnect conduit shall be installed to the satisfaction of the City Engineer.
b. Signal conduit with pull boxes shall be installed with any new construction or reconstructio
project along major or secondary streets and at intersections for future traffic signals an•
interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outsid=
of BCR, ECR, or any other locations approved by the City Engineer.
Notes: —/ /
1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 20•
feet apart, unless otherwise specified by the City Engineer.
2) Conduit shall be 3-inch galvanized steel with pull rope or as specified.
c. Handicapped access ramps shall be installed on all corners of intersections per Ci —/—/— •
Standards or as directed by the City Engineer.
d. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall b= /—/-
installed to City Standards, except for single family residential lots.
e. Existing City roads requiring construction shall remain open to traffic at all times wit —/—/—
adequate detours during construction. Street or lane closure permits are required. A cas
deposit shall be provided to cover the cost of grading and paving, which shall be refunde•
upon completion of the construction to the satisfaction of the City Engineer.
f. Prior to any work being performed in public right-of-way, fees shall be paid and -
construction permit shall be obtained from the City Engineer's Office in addition to any othe
permits required.
_/_/_
O. Utilities
1. The developer shall be responsible for any required relocation of existing utilities if necessary.
6 •
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Project No. DRC2010-00348D
• Completion Date
/ /
isGeneral Requirements and Approvals
1. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shal _/_/_
be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable i
at least 50%of all wastes generated during construction and demolition are diverted from landfills
and appropriate documentation is provided to the City. Form CD-1 shall be submitted to th=
Engineering Department when the first building permit application is submitted to Building an•
Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following th>
completion of the construction and/or demolition project.
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FO-
COMPLIANCE WITH THE FOLLOWING CONDITIONS:'
Q. Security Lighting
1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power.
These areas should be lighted from sunset to sunrise and on photo sensored cell.
2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,wit
direct lighting to be provided by all entryways. Lighting shall be consistent around the entir=
development.
3. Lighting in exterior areas shall be in vandal-resistant fixtures.
R. Windows •
1. Storefront windows shall be visible to passing pedestrians and traffic.
• 2. Security glazing is recommended on storefront windows to resist window smashes and imped=
entry to burglars.
S. Building Numbering
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttim=
visibility.
T. Alarm Systems
1. Install a burglar alarm system and a panic alarm if needed. Instructing management an•
employees on the operation of the alarm system will reduce the amount of false alarms and in tur
save dollars and lives.
2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number: (909) 941-1488.
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTIO
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWIN e
CONDITIONS:
SEE ATTACHED
•
7
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B & C-147
cv �*LOCgM0.,y Rancho Cucamonga Fire Protection District
4
Fire Construction Services
FIRE
STANDARD CONDITIONS
June 10, 2010 •
Ralphs Fueling station
NEC Haven & Baseline
DRC2010-00348 & 349
•
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT
The RCFPD Procedures & Standards which are referenced in this document can be access on the web
at http://www.ci.rancho-cucamonga.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction
Services section. Search by article; the preceding number of the standard refers to the article. Chose
the appropriate article number then a drop down menu will appear, select the corresponding standard.
FSC-1 Public and Private Water Supply
1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and
• location of fire hydrants:
a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No
portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant.
For cul-de-sacs, the distance shall not exceed 100-feet.
b. The preferred locations for fire hydrants are:
1. At the entrance(s) to a commercial, industrial or residential project from the public
roadways. .
2. At intersections.
3. On the right side of the street, whenever practical and possible.
4. As required by the Fire Safety Division to meet operational needs of the Fire District.
5. A minimum of forty-feet (40') from any building.
c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant
measured on an approved route around the exterior of the facility or building, additional private
or public fire hydrants and mains capable of supplying the required fire flow shall be provided.
d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof.
FSC-2 Fire Flow
1. The required fire flow for this project is 1500 gallons per minute at a minimum residual pressure of
20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix, as
adopted by the Fire District Ordinances.
2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide
the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent
property shall not be used to provide required fire flow.
3. Fire protection water plans are required for all projects that must extend the existing water supply to
•
or onto the site. Building permits will not be issued until public fire protection water plans are
approved.
B & C-148
4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the
proposed project site.
•
FSC-6 Fire District Site Access
Fire District access roadways include public roads, streets and highways, as well as private roads,
streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access
Roadways Standard.
1. Location of Access: All portions of the structures 1St story exterior wall shall be located within 150-
feet of Fire District vehicle access, measure on an approved route around the exterior of the
building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed
obstructions.
2. Specifications for private Fire District access roadways per the RCFPD Standards are:
a. The minimum unobstructed width is 26-feet.
b. The maximum inside turn radius shall be 24-feet.
•
c. The minimum outside turn radius shall be 50-feet.
d. The minimum radius for cul-de-sacs is 45-feet.
e. The minimum vertical clearance is 14-feet, 6-inches.
f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side.
g. The angle of departure and approach shall not exceed 9-degrees or 20 percent.
h. The maximum grade of the driving surface shall not exceed 12%.
i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW).
j. Trees and shrubs planted. adjacent to the fire lane shall be kept trimmed to a minimum of 14-
feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department
apparatus.
3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided
as follows: •
a. In buildings without high-piled storage, access shall be provided in accordance with the 2001
California Building Code, Fire and/or any other applicable standards.
b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or
major fraction thereof, of the exterior wall that faces the required access roadways. When
railways are installed provisions shall be made to maintain Fire District access to all required
openings.
4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access
road to all required building exterior openings.
a. .
5. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan
illustrating the proposed delineation that meets the minimum Fire District standards shall be included
in the architectural plans submitted to B&S for approval.
6. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on
the site plan. A copy of the approved Alternative Method application, if applicable, must be
reproduced on the architectural plans submitted to B&S for plan review.
7. Roof Access: There shall be a means of fire department access from the exterior walls of the
buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs
less than 75' above the level of the fire access road.
a. This access must be reachable by either fire department ground ladders or by an aerial ladder.
b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with
construction features, or high parapets that inhibit roof access.
c. The number of ladder points may be required to be increased, depending on the building size
and configuration. •
d. Regardless of the parapet height or construction features the approved ladder point shall be
identified in accordance to the roof access standard.
B & C-149
e. Where the entire roof access is restricted by high parapet walls or other obstructions, a
permanently mounted access ladder is required.
• f. Multiple access ladders may be required for larger buildings.
g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A.
h. A site plan showing the locations of the roof ladder shall be submitted during plan check.
i. Ladder points shall face a fire access roadway(s).
FSC-10 Occupancy and Hazard Control Permits
Listed are those Fire Code permits commonly associated with the business operations and/or building
construction. Plan check submittal is required with the permit application for approval of the permit; field
inspection is required prior to permit issuance. General Use Permit shall be required for any activity or
operation not specifically described below, which in the judgment of the Fire Chief is likely to produce
conditions that may be hazardous to life or property.
• Motor Vehicle Fuel-Dispensing Operation
• Compressed Gases Repair Garages
• Flammable and Combustible Liquids Spraying or Dipping Operations
• Hazardous Materials Tents, Canopies and/or Air Supported
Structures
• High-Pile Combustible Storage (HPS) Tire Storage
• Liquefied Petroleum Gases Welding and Cutting Operations
FSC-11 Hazardous Materials —Submittal to the County of San Bernardino
The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan
for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials
Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA
Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga.
•1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be
finalized until the San Bernardino County Fire Department reviews your Business
Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from
issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific
hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be
required if regulation substances are to be used or stored at the new facility.
2. Any business that operates on rented or leased property which is required to submit a Plan, is also
required to submit a notice to the owner of the property in writing stating that the business is subject
to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The
tenant must provide a copy of the Plan to the property owner within five (5) working days, if
requested by the owner.
FSC-12 Hazardous Materials - Submittal to Fire Construction Services
Plans shall be submitted and approved prior to construction of buildings and/or the installation of
equipment designed to store, use or dispense hazardous materials in accordance with the 2007California
Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other
implemented and/or adopted standards.
FSC-13.Alternate Method Application
Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when
submitted. The request must be submitted on the Fire District "Application for Alternate Method" form
along with supporting documents and payment of the $92 review fee.
FCS-14 Map Recordation
• 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are
required on this project. • The project appears to be located on a property that is being subdivided.
The reciprocal agreement is required to be recorded between property owners and the Fire District.
•
B & C-150
The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall
approve the agreement, prior to recordation. The agreement shall be recorded with the County of •
San Bernardino, Recorders Office. •
Reciprocal access agreement — Please provide a permanent access agreement between the
owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access
to the subject property. The agreement shall include a statement that no obstruction, gate, fence,
building or other structure shall be placed within the dedicated access, without Fire Department
approval. The agreement shall have provisions for emergency situations and the assessing of cost
recovery to the property by the fire District.
Reciprocal water covenant — Please provide a permanent maintenance and service covenant
between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District
for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire
protection systems facilities in general). The covenant shall have provisions for emergency
situations and the assessing of cost recovery to the property by the fire District.
Chronological Summary of RCFPD Standard Conditions
PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the
issuance of any building permits:
1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans,
specifications, flow test data and calculations for the private water main system for review and
approval by the Fire District. Plans and installation shall comply with Fire District Standards.
Approval of the on-site (private) fire underground and water plans is required prior to any building •
permit issuance for any structure on the site. Private on-site combination domestic and fire supply
system must be designed in accordance with RCFPD Standards. The Building & Safety Division
and Fire Construction Services will perform plan checks and inspections.
All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any
combustible framing materials to the site. Fire construction Services will inspect the installation,
witness hydrant flushing and grant a clearance before lumber is dropped.
2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the
locations of all new public fire hydrants for the review and approval by the Fire District and CCWD.
On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference
the RCFPD Water Plan Submittal Procedure Standard.
All required public fire hydrants shall be installed, flushed and operable prior to delivering any
combustible framing materials to the site. CCWD personnel shall inspect the installation and
witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of
the public water system by CCWD. Fire Construction Services must grant a clearance before
lumber is dropped.
3. Construction Access: The access roads must be paved in accordance with all the requirements of
the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least
14' 6" above the finished surface of the road.
4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for
obtaining the fire flow information from CCWD and submitting the letter to Fire Construction
Services.
5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with
the County of San Bernardino.
•
B & C-151
PRIOR TO THE RELEASE OF TEMPORARY POWER
The building construction must be substantially completed in accordance with Fire Construction Services'
*The
Power Release Checklist and Procedures".
PRIOR TO THE RELEASE OF TEMPORARY POWER •
The building construction must be substantially completed in accordance with Fire Construction Services'
"Temporary Power Release Checklist and Procedures".
PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following:
1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire
hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga
Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property,
the markers shall be installed at the centerline of the fire access road, at each hydrant,location.
2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the
presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site
fire hydrants. The underground fire line contractor, developer and/or owner are responsible for
hiring the company to perform the test. A final test report shall be submitted to Fire Construction
Services verifying the fire flow available. The fire flow available must meet or exceed the required
fire flow in accordance with the California Fire Code.
3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler
system(s) shall be tested and accepted by Fire Construction Services.
4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler
monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler
monitoring system shall be installed, tested and operational immediately following the completion of
the fire sprinkler system (subject to the release of power).
•5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected,
tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is
placed in service.
6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall
be installed, inspected, tested and accepted by Fire Construction Services.
7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must
be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction
Services.
8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access
roadways must be installed in accordance with the approved plans and acceptable to Fire
Construction Services.
The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and
contain an approved fire access roadway map with provisions that prohibit parking, specify the
method of enforcement and identifies who is responsible for the required annual inspections and the
maintenance of all required fire access roadways.
9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family
buildings shall post the address in accordance to the appropriate RCFPD addressing Standard.
10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction
Services.
11. Confidential Business Occupancy Information: The applicant shall complete the Rancho
Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides
contact information for Fire District use in the event of an emergency at the subject building or
property. This form must be presented to the Fire Construction Services Inspector.
• 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 'A" x 11" or 11" x 17"
site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect
the actual location of all devices and building features as required in the standard. The site plan
must be reviewed and accepted by the Fire Inspector.
•
B & C-152
•
fj.�a . City of Rancho Cucamonga DRC2010-00348 &00349
it
• B10500 uilding &i Civic SafetCenty er Department Dr.
Rancho Cucamonga, CA 91730
•
s T: (909)477-2710 F: (909)477-2711
GRADING COMMITTEE
•
PROJECT REPORT&RECOMMENDED CONDITIONS
Project No.: DRC2010-00348 & -00349 Type: Gas Station
Location: 7201 Haven Avenue (SE Corner Haven Ave &Valencia Ave)
Planning Department: MICHAEL SMITH APN: 1076-481-25 thru 35
Meeting Date: September 14, 2010 By: Matthew Addington
Acceptable for Planning Commission: Yes: xxx No:
If NO, see COMMENTS below:
PRELIMINARY:
GRC: Se•tember 14, 2010 By: - ••- : =.•din•ton
FINAL:
PC Meeting: 13 ( ( BY: n - �/ - 1 ---- S
Note: Building and Safety-Grading will review and co ent on future submitta for this
project.
A) STANDARD CONDITIONS - Standard Building and Safety - Grading and Planning
Department standard conditions for Grading and Drainage Plans.
• 1) Grading of the subject property shall be in accordance with current adopted
California Building Code, City Grading Standards, and accepted grading practices.
The Grading and Drainage Plan(s) shall be in substantial conformance with the
approved conceptual Grading and Drainage Plan.
2) A soils report shall be prepared by a qualified Engineer licensed by the State of
California to perform such work. Two copies will be provided at grading and
drainage plan submittal for review. Plans shall implement design recommendations
per said report,
3) A geologic report shall be prepared by a qualified Engineer or Engineering Geologist
and submitted at the time of application for Grading and Drainage Plan review.
4) The final Grading and Drainage Plan, appropriate certifications and compaction
• reports shall be completed, submitted, and approved by the Building and Safety
Official prior to the issuance of building permits.
5) A separate Grading and Drainage Plan check submittal is required for all new
construction projects and for existing buildings where improvements being proposed
will generate 50 cubic yards or more of combined cut and fill. The Grading and
Drainage Plan shall be prepared, stamped, and wet signed by a California licensed
Civil Engineer.
6) The applicant shall comply with the City of Rancho Cucamonga Dust Control
Measures and place a dust control sign on the project site prior to the issuance of a
• grading permit.
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•
K:t.:, City of Rancho Cucamonga DRC2010-00348 & 00349
air Building & Safety Department •
giro10500 Civic Center Dr. •
Rancho Cucamonga, CA 91730
M T:: (909)477-2710 F: (909)477-2711
7) If a -Rough Grading and Drainage Plan/Permit are submitted to the Building and
Safety Official for review, that plan shall be a separate plan/permit from Precise
Grading and Drainage Plan/Permit.
B) A drainage study showing a 100-year, AMC 3 design storm event for on-site
drainage shall be prepared and submitted to the Building and Safety Official for
review and approval for on-site storm water drainage prior to issuance of a grading
permit. All reports shall be wet signed and sealed by the Engineer of Record.
9) It shall be the responsibility of the applicant to acquire any required off-site drainage
easements prior to the issuance of a grading permit.
10) It shall be the responsibility of the applicant to acquire any required off-site drainage
acceptance letter(s) from adjacent downstream property owner(s) or discharge flows
in a natural condition (concentrated flows are not accepted) and shall provide the
Building and Safety Official a drainage study showing the proposed flows do not
exceed the existing flows prior to the issuance of a grading permit.
11) It shall be the responsibility of the applicant to obtain written permission from the
• adjacent property owner(s) to construct wall on property line or provide a detail(s)
showing the perimeter wall(s) to be constructed offset from the property line.
12) The Final Grading and Drainage Plan shall show the accessibility path from the •
public right of way and the accessibility parking stalls to the building doors in
conformance with the current adopted California Building Code. All accessibility
ramps shall show sufficient detail including gradients, elevations, and dimensions
and comply with the current adopted California Building Code.
13) The Grading and Drainage Plan shall Implement City Standards for on-site
construction where possible, and provide details for all work not covered by City
Standard Drawings.
14) All slopes shall be a minimum 2-foot offset from the public right of way or adjacent
private property. .
15) Private sewer, water, and storm drain improvements will be designed per the, latest
adopted California Plumbing Code.
16) The maximum parking stall gradient is 5 percent. Accessibility parking stall grades
shall be constructed per the, current adopted Califomia Building Code.
17) Roof storm water is not permitted to flow over the public parkway and shall be
directed to an under parkway culvert per City of Rancho Cucamonga requirements
prior to issuance of a grading permit.
18) The final grading and drainage plan shall show existing topography a minimum of
100-feet beyond project boundary.
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•
B & C-154
a -= City of Rancho Cucamonga DRC2010-00348 &00349
s g Building & Safety Department
• 4? 10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
T: (909)477-2710 F: (909)477-2711 in
19) The applicant shall provide a grading agreement and grading bond for all cut and fill
combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The
grading agreement and bond shall be approved by the Building and Safety Official.
20) This project shall comply with the accessibility requirements of the current adopted
California Building Code. •
21) The precise grading and drainage plan shall follow the format provided in the City of
Rancho Cucamonga handout"Information for Grading Plans and Permit".
22) Grading Inspections: .
a) Prior to the start of grading operations the owner and grading contractor
shall request a pre-grading meeting. The meeting shall be attended by
the project owner/representative, the grading contractor and the
Building Inspector to discuss about grading requirements and
preventive measures, etc. If a pre-grading meeting is not held within 24
hours from the start of grading operations, the grading permit may be
subject to suspension by the.Building Inspector;
b) The grading contractor shall call into the City of Rancho Cucamonga
, Building and Safety Department at least 1 working day in advance to
• request the following grading inspections prior to continuing grading
operations:
• i) The bottom of the over-excavation
ii) Completion of Rough.Grading, prior to issuance of the building
permit;
iii) At the completion of Rough Grading, the grading contractor or
owner shall submit to the Permit Technicians (Building and Safety
Front Counter) an original and a copy of the Pad Certifications to
be prepared by and properly wet signed and sealed by the Civil
Engineer and Soils Engineer of Record;
iv) The rough grading certificates and the compaction reports will be
reviewed by the Associate Engineer or a designated person and
approved prior to the issuance of a building permit.
23) Prior to the issuance of the Certificate of Occupancy the engineer of record shall
certify the functionality of the storm water quality management plan (WQMP) best
management practices (BMP) devices.
B) COMMENTS - The following items shall be corrected / completed, submitted to, reviewed
and approved by staff prior to scheduling the project for a Planning Commission hearing.
Copies of required easement/right-of-way documents, including legal descriptions, shall be
submitted for review prior to obtaining final signatures. The review period for the above
• I:IBUILDINGPERMITS\DRC2010-00348 8 00349 Arco Carwash\[RG2010-00348 Grading Committee Project Report,
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B & C-155
c
•
+T7 City of Rancho Cucamonga DRC2010-00348 & 00349
r Building & Safety Department •
" 10500 Civic Center Dr.
Rancho Cucamonga,CA 91730
• lo • T: (909)477-2710 F: (909)477-2711
will generally be a minimum of two weeks or longer depending upon the adequacy and
complexity of the submittal:
1) Please note that at this conceptual level a review of the accessibility access is not
performed. It is the responsibility of the applicant to meet all accessibility
requirements.
2) Provide the utility purveyors on the title sheet of the conceptual grading and drainage
plan.
3) Provide the Assessor's Parcel Number on the title sheet of the conceptual grading
and drainage plan.
4) Please show the proposed sewer layout with invert elevations on the conceptual
grading and drainage plan. •
C) SPECIAL CONDITIONS
1) The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection
Wells) with the Facility ID Number assigned to the Building and Safety Official prior •
to issuance of the grading permit for any underground water quality management
plan (WQMP) best management practices (BMPs).
2) An HCOC exists for the downstream receiving water. The downstream receiving
water (Mill Creek, Prado Area) is experiencing significant degradation of its banks.
The project shall implement a volume-based treatment control BMP
(retention/detention facility) on each lot. The Storm Water Quality Management Plan
and the grading plan must contain an appropriate volume based BMP prior to the
issuance of a grading permit.
3) A precise grading plan shall be submitted to the Building and Safety Services
Department for review and permitting prior to the start of demolition and grading
activities.
4) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard
lined gutters and swales where concentrated flows exceed 3fps, and anywhere that
flow lines exceed 10 percent.
5) If more than 5,000 square feet of combined asphalt concrete and PCC parking and
driveway surface area are removed, a Water Quality Management Plan (WQMP) will
be required for this project. Contact the Building and Safety Department for
additional direction/information.
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B & C-156
Klic City of Rancho Cucamonga DRC2010-00348 & 00349
Building &Safety Department
• 10500 Civic Center Dr.
• Rancho Cucamonga, CA 91730
e . T: (909)477-2710 F: (909)477-2711
6) Prior to removing fences or walls along common lot lines and prior to constructing
walls along common lot lines the applicant shall provide a letter from the adjacent
property owner(s) allowing work on the adjacent property.
7) Prior to the issuance of a grading permit the applicant shall provide the to Building
and Safety Services Official a copy of the City of Rancho Cucamonga's
Memorandum of Agreement for Storm Water Quality Management Plan for review
prior to recordation of the document. The Memorandum of Agreement for Storm
Water Quality Management Plan shall be recorded prior to issuance of a grading
permit.
D) WATER QUALITY MANAGEMENT PLAN
1) The Water Quality Management Plan dated July 29, 2010 prepared by the Fiedler
Group has been deemed substantially complete. Please use the City of Rancho
Cucamonga form for Section 6.
•
• 1:1BUILDINGIPERMITSIDRC2010-00348 8 00349 Arco Cerwash\DRC2010-00348 Grading Committee Project Report,
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B & C-157
STAFF REPORT titet
• PLANNING DEPARTMENT L%MJ
RANCHO
CUCAMONGA
DATE: March 9, 2011
TO: Chairman and Members of the Planning Commission
FROM: James R. Troyer, AICP, Planning Director
BY: Dominick Perez, Contract Planner
SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION) DRC2011-00034 — CHARLES
JOSEPH ASSOCIATES FOR PALATA TILE AND STONE - A request to operate a retail
• design center at a legal non-conforming site within the Foothill Boulevard Community Office
District (Subarea 3), located at 10060 Foothill Boulevard - APN: 1077-621-21. This action
is categorically exempt per the California Environmental Quality Act (CEQA) pursuant to
State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities).
SITE DESCRIPTION:
A. Surrounding Land Use and Zoning:
Site - Commercial/Office Building –Single-Family Residence and Majority of the Area is Vacant
- Foothill Boulevard Community Office District (Subarea 3)
North - Single-Family Residences- Low Residential (2 to 4 dwelling units per acre)
• South - Vacant Land - Foothill Boulevard Community Commercial District(Subarea 3)
East Commercial Building - Foothill Boulevard Community Office District(Subarea 3)
West - Commercial Building - Foothill Boulevard Community Office District(Subarea 3)
B. General Plan Designations:
Project Site- General Commercial (GC)
North - Low Residential (L)
South - General Commercial (GC)
East - General Commercial (GC)
West - General Commercial (GC)
C. Site Characteristics: The project site is located north of and abutting Foothill Boulevard, west of
Hermosa Avenue, and east of Ramona Avenue. The site is non-conforming, in that it is not in
compliance with current development standards for the Development District in which it is located.
The subject parcel is approximately 1 acre in size and contains one existing 2,800 square foot
commercial type building, which abuts Foothill Boulevard, as well as one existing non-conforming
residence approximately 1,200 square feet in size. The abutting parcels to the north contain
single-family residences. The property to the south, across Foothill Boulevard, is vacant. The
abutting properties to the east and west are also non-conforming commercial sites.
ANALYSIS:
A. Site History: The previous tenant, Patio Furniture Plus, occupied this site as a non-conforming use
from August 24, 2001, to August 24, 2010. During this period, Patio Furniture Plus conducted retail
sales of patio furniture and fountains. The site contained outdoor storage abutting the west end of
• the building secured by a chain link fence as well as outdoor display of product along the storefront
of the building. The entitlement application Palate Tile and Stone was filed on January 12, 2011,
which was within the 180-day permitted time period for an applicant to file for a land use entitlement
Item D
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2011-00034 — PALATA TILE AND STONE
March 9, 2011
Page 2
to allow a different non-conforming use to assume use of the property with a Conditional Use Permit •
under Development Code Sections 17.02.130-D and E.
B. Entitlement Requirement and Development Code Sections: Development Code Section 17.02.130-E
requires approval of a Conditional Use Permit by the Planning Commission to change a
non-conforming use to a different non-conforming use, provided that the following criteria are met: 1)
no new structure; 2) the use is not of greater intensity (i.e. traffic, noise, density, parking demand,
odor, light); and 3) the non-conforming structure is not altered or reconstructed so as to increase the
discrepancy between existing conditions and the standards for front yard, side yards, rear yard,
height of structures, distances between structures, and parking facilities as prescribed in the
regulations for the district in which the structure is located. Additionally, per Development Code
Section 17.02.130-D, the previous non-conforming use must have been in operation less than
180 days prior to the proposed non-conforming use.
The proposed tile store will provide design services for customers and ordering of product. No
product will be stockpiled on-site. The proposed tile store will generate very similar traffic and
parking impacts. The previous non-conforming use of patio furniture sales was classified as retail
sales of furniture, and the proposed is classified as a floor covering shop, which has similar business
hours, parking generation rates, and customer volume. The total land use impact of tile sales and
design services will be comparable to the previous retail patio furniture store that ceased operation
on August 24, 2010. Additionally, it is likely that the proposed use will create an even lesser land use
impact, as the previous use had substantial outdoor displays of products along Foothill Boulevard,
and the proposed Palata Tile and Stone will limit outdoor display of products (no stockpiling) to an
area along the west side of the building that will be enclosed with wrought iron fencing. The
proposed use does not require new structures, and will not be of greater intensity or create impacts
in traffic, noise, parking demand, odors or lights of greater impact that the previous non-conforming •
use, and will not increase any existing site development discrepancies (i.e. setbacks, building
heights, etc.)
Since the proposed use complies with the above mentioned requirements and proposes the
placement of a use within an existing, non-conforming site, a Conditional Use Permit
(Non-Construction) was filed. The overarching purpose of a Conditional Use Permit is to create the
flexibility necessary to achieve the objectives of the Development Code and General Plan and to
ensure that the proposed use is compatible with the neighboring uses. If necessary, conditions may
be required to provide adequate mitigation of any potentially adverse impacts.
C. Use Description: Palata Tile and Stone will provide design services for homeowners that wish to
carry out various upgrades to their residential property, such as in home kitchen and tile installations.
There will be a maximum of two employees on-site that will assist customers through the design
process. Once the customer chooses a specific layout and design, the materials are special ordered
from an offsite location. There will not be any product pick up or delivery at the facility, as the site will
not contain the storage of material for sale. The site will consist of sample kitchen, fixture, flooring,
wall, and patio design areas.
D. Hours of operation: The business hours of operation will be Monday thru Friday from 8:00 a.m. to
7:00 p.m. and Saturday thru Sunday 9:00 a.m. to 6:00 p.m.
E. Parking: There are a total of 10 parking spaces on-site. The applicant is not proposing any
modifications to the existing parking layout at this time. Since the proposed design center will be of
equal or lesser intensity than the previous tenants, which operated a patio furniture sales business,
and because of the fact that this is a non-conforming site, staff finds that the existing 10 parking •
spaces will be sufficient for the proposed use.
D-2
PLANNING COMMISSION STAFF REPORT
CONDITIONAL USE PERMIT DRC2011-00034 — PALATA TILE AND STONE
March 9, 2011
Page 3
• F. Project Site: The site contains an existing fenced-in patio area approximately 500 square feet in size
that abuts the west end of the building. The applicant proposes to remove the existing chain link
fence along the south and west areas of the patio and to replace with wrought iron fencing. The
applicant also proposes to install landscape along the perimeter of the outdoor patio area. Since a
landscape plan was not submitted with the application, staff is including a condition of approval,
which requires the applicant to install landscaping to the satisfaction of the Planning Director.
There is also an existing residence that is currently being occupied to the north of the design center.
There is no proposal to remove or expand this structure at this time.
G. Land Use Compatibility: Staff finds that the proposed design center use will be compatible with the
surrounding land uses, which are predominately commercial. The business will be conducted
entirely indoors with the exception of the outdoor patio sample area along the west side of the
building, which will be used for product display only, and does not pose any noise, odor or vibration
impacts. Additionally, there will be no on-site storage of materials for sale.
H. Environmental Assessment: The Planning Department staff has determined that the project is
categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and
the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA
Guidelines Section 15301 (Existing Facilities), which covers the operation, repair, and maintenance
of existing private structures involving negligible or no expansion of use beyond that existing at the
time of the lead agency's original determination. Because the project only involves interior tenant
improvements within an existing building, as well as the replacement of fencing and minor
landscaping to accommodate the subject use, staff concludes that there is no substantial evidence
• that the project will have a significant effect on the environment. The Planning Director has reviewed
the Planning Department's determination of exemption, and based on his own independent
judgment, concurs in the staffs determination of exemption.
CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin
newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot
radius of the project site. Staff has not received any letters or phone calls expressing concern over the
Conditional Use Permit.
RECOMMENDATION: Staff recommends approval of Conditional Use Permit (Non-Construction)
DRC2011-00034 through adoption of the attached Resolution of Approval with conditions.
Respectfully/submitted,
jut/
Jame R. Troyer, AICP
Planning Director
JRT:DP/ge
Attachments: Exhibit A - Areal Photo of Project Site
Exhibit B - Site Plan
Exhibit C - Floor Plan
Exhibit D - Site Utilization Plan
Exhibit E - Statement of Operation
• Draft Resolution of Approval for Conditional Use Permit (Non-Construction)
DRC2011-00034
D-3
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EXHIBIT D
D7 ci; u
Palate Kitchen & Tile Showroom
Business Operations Outline
About Us
Palata Kitchen and Tile showroom was originally started in in Upland and has two other
locations.
Palata Kitchens & Floors will be operating to provide design services for home owners and
in home installation kitchens for residents. The site is only for materials selection and
design drafting of the kitchen. There are no samples, materials, deliveries, construction
manufacturing or assembling of materials. These design services are similar to that of an
interior design studio that takes into account the associated requirements of construction
needs, appliances, flooring, wall coverings and fixtures for the projects which are primarily
residential. There will only be sample kitchens and sample interior finishes in the space
with a couple of desks for sitting down and discussion design ideas for the customers.
There will be no product pick up or delivery at the facility as all materials are special
ordered from an offsite location for the home owner to have their desired contractor pick up
for installation in the home. There is no `shop' for our facility, nor product storage inside
or outside, nor any onsite point of sales for products, only displays for the design selection
process. The existing patio will remain paved and we will provide sample materials for
design ideas for home owners.
• Hours of Operation
Palata Kitchen and Tile showroom will be open to the public Monday—Friday, 8:00am —
7:00pm and Saturday — Sunday, 9:00am —6:00pm.
Management and Staffing
The staff will consist of two employees for managing customers
•
EXHIBIT E
D-8
• RESOLUTION NO.11-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (NON-
CONSTRUCTION)DRC2010-00152,A REQUEST TO OPERATE A RETAIL DESIGN
CENTER AT A LEGAL NON-CONFORMING SITE WITHIN THE FOOTHILL
BOULEVARD COMMUNITY OFFICE DISTRICT (SUBAREA 3), LOCATED AT
10060 FOOTHILL BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF
—APN: 1077-621-21.
A. Recitals.
1. Charles Joseph Associates, on behalf of Palate Tile and Stone, filed an application for the
issuance of Conditional Use Permit DRC2011-00034, as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Conditional Use Permit request is referred to as "the application."
2. The application was filed on January 12, 2011,which was within the 180-day permitted time period
for an applicant to file for a land use entitlement to allow a different non-conforming use to assume use of the
property with a Conditional Use Permit under Development Code Sections 17.02.130-D and E.
3. On the 9th day of March 2011, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
• B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the
City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. Based upon the substantial evidence presented to the Commission during the above-referenced
public hearing on March 9, 2011, including written and oral staff reports,together with public testimony, this
Commission hereby specifically finds as follows:
a. The application applies to the property located at 10060 Foothill Boulevard; and
b. The property is approximately 1 acre in size and contains one existing, non-conforming
2,800 square foot building,which abuts Foothill Boulevard, as well as one existing non-conforming residence
approximately 1,200 square feet in size; and
c. The property is bordered by single-family residences to the north; non-conforming
commercial sites to the east and west; and to the south, across Foothill Boulevard, is a vacant parcel; and
d. The applicant proposes to operate a design center and floor covering store; and
e. The site is of the appropriate size to accommodate the proposed improvements, including
he provision of required on-site parking and internal vehicular circulation; and
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PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034 — PALATA TILE AND STONE
March 9, 2011
Page 2
•
f. The proposed Conditional Use Permit includes the removal of the existing chain link fence
along the south and west perimeter of the patio sample design area and the installation of a wrought iron
fence, which staff finds will improve the site and reduce its non-conformity; and
g. The applicant proposes to install landscaping along the outdoor patio sample design area
that is approximately 500 square feet in size, which staff finds will improve the site and reduce its
non-conformity; and
h. The proposed tile store will generate very similar traffic and parking impacts, as the previous
non-conforming use of patio furniture sales is classified as retail sales of furniture, and the proposed is
classified as a floor covering shop, which have similar business hours, parking generation rates, and
customer volume; and
i. The proposed use will not modify the exterior of the existing building or increase the degree
on non-conformity with respect to site improvements; and
j. The proposed use does not require new structures, and will not be of greater intensity or
create impacts in traffic, noise, parking demand, odors or lights of greater impact that the previous
non-conforming use, and will not increase any existing site development discrepancies(i.e. setbacks, building
heights, etc.).
3. Based upon the substantial evidence presented to this Commission during the above-referenced
public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above,this Commission •
hereby finds and concludes as follows:
a. The proposed use is in accord with the General Plan, the objectives of the Development
Code, and the purposes of the district in which the site is located. The proposed use is consistent with the
goals and objectives of the General Plan, which encourages land uses to be distributed to meet local needs
and be properly integrated into the surrounding context. The site is adequate in size to accommodate the use
and parking; and
b. The proposed design center, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the
vicinity. The proposed improvements will not pose adverse impacts to the adjacent commercial or residential
developments as the use is not of greater intensity, and there is no proposed expansion of the existing
non-conforming building.
c. The proposed non-conforming use is located on a non-conforming site that will be improved
with the installation of landscaping and the removal of chain link fencing to be replaced with wrought iron
fencing, thereby lessening the degree of non-conformity, a goal of the Development Code.
4. The Planning Department staff has determined that the project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The
project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301,which covers existing
structures, where minor modifications are being made. This project qualifies for an exemption under
Section 15301 since it involves only interior modifications to an existing building and the installation of
wrought iron fencing and landscaping, which are considered minor modifications. No significant changes to •
the site are proposed. There is no substantial evidence that the project will have a significant effect on the
environment.
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•
PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034— PALATA TILE AND STONE
March 9, 2011
• Page 3
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this
Commission hereby approves the application subject to each and every condition set forth below and in the
Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) This approval is for the operation of a design center in an existing legal
non-conforming structure at 10060 Foothill Boulevard. Any modification or
intensification of the tile store; any improvements, including new building
construction; and/or other modifications/intensification beyond what is
specifically approved by this Conditional Use Permit shall require the review and
•approval by either the Planning Director or the Planning Commission prior to
submittal of documents for plan check/occupancy, construction, commencement
of the activity, and/or issuance of a business license.
2) No materials other than samples shall be stored on-site.
•
3) The outdoor patio samples design area located at the west end of the building
shall not be used to stockpile materials.
• 4) The applicant shall submit a Landscape Plan for the review and approval by the
Planning Director within 60 days of the adoption date of this Resolution.
5) The applicant shall demolish the existing chain link fence that abuts the south
and west perimeter of the patio sample area and install wrought iron fencing
along the south and west perimeter of the patio sample design area within
60 days of the adoption date of this Resolution.
6) Any modifications that deviate from the approved set of plans shall not be
permitted without prior approval by the Planning Director.
7) A minimum of 10 parking spaces shall be provided. Any reduction in parking
shall not be permitted without prior approval by the Planning Director.
8) Approval of this request shall not waive compliance with any sections of the
Development Code, State Fire Marshal's regulations, Uniform Building Code, or
any other City Ordinances.
9) Any sign for the business shall be designed in conformance with Title 14 of the
City of Rancho Cucamonga Municipal Code and shall require Planning Director
•
review and approval prior to installation.
Fire Construction Services
• Upon CUP approval, if any alterations to the building are proposed, the following conditions will
apply:
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•
PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034 — PALATA TILE AND STONE
March 9, 2011
Page 4 •
FIRE CONSTRUCTION SERVICES STANDARD CONDITIONS FOR TENANT IMPROVEMENT
• Submit plans to Building and Safety for fire review; include in the plans a copy of the CA Fire
Code Chapter 14 for"Fire Safety During Construction and Demolition." The plans shall provide
the building data such as square footage(existing and proposes)type of construction, occupancy
group(s), the number of stories, and indicate if the building is equipped with automatic fire
sprinklers". Provide the following notes in the plans:
"FIRE PREVENTION NOTES"
BEFORE CALLING FOR INSPECTION PLEASE COMPLY WITH THE FOLLOWING
REQUIREMENTS:
1) A fire inspection and final approval is required before the Building Department will accept a
building final inspection request. Please call (909) 477-2713 for a fire inspection.
2) A Knox box must be purchased and installed in accordance with RCFPD policy, unless the
Knox box exists on the building.
3) The key to the building or suite must be given to the fire inspector at the time of final
inspection. The key will be locked in the Knox box for fire department emergency access.
4) Fire extinguishers must be installed per the RCFPD policy. See the policy in these plans. •
5) The occupant must fill out the blue FCS's "Emergency Contact Information" form prior to
final inspection. Present the completed form to the fire inspector at the time of final fire
inspection.
6) Sprinkler modifications require a separate plan submittal and approval. Work shall not
commence until a permit is obtained. Inspection of rough piping must be performed prior to
concealment. Ceiling tiles must not be installed unless approved by the fire inspector.
7) Fire Alarm System (fire sprinkler monitoring, automatic or manual) modifications require a
separate plan submittal and approval. Work shall not commence until a permit is obtained.
8) Place a sign above the main entrance door stating, "THIS DOOR MUST REMAIN
UNLOCKED DURING BUSINESS HOURS."
9) All doors designated as exits,except for the main entrance, must be equipped with common
knowledge lever type single-action hardware unless otherwise noted.
10) Additional exit signs may be required at the time of the final inspection, if the ones shown on
the plans do not meet the intent of the Code.
11) If As-Built plans are required to be submitted, additional fees will be due.
12) The building address must be posted in 8-inch high letterscontrasting with the background •
and must be automatically illuminated.
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PLANNING COMMISSION RESOLUTION NO. 11-10
DRC2011-00034 — PALATA TILE AND STONE
March 9, 2011
• Page 5
•
13) The duct smoke detectors required by the 2007 CA Mechanical Code for HVAC shut down
must not be interconnected to the fire sprinkler monitoring alarm; the duct detectors must
have an audible and visual notification device in accordance to the 2007 CA Fire Code.
14) Fire safety during construction must be observed; please familiarize yourself and your
employees with the California Fire Code Chapter 14 regulations; these regulations are
reproduced in this plan.
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST:
• James R. Troyer, AICP, Secretary
I, James R. Troyer, AICP, Secretary of the 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 Director held on the 9th day of March 2011.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
•
•
D-13
litzi., COMMUNITY DEVELOPMENT
Slit
lit ivi
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2011-00034
SUBJECT: CONDITIONAL USE PERMIT (NON-CONSTRUCTION)
APPLICANT: CHARLES JOSEPH ASSOCIATES
LOCATION: 10600 FOOTHILL BOULEVARD —APN: 1077-621-21
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Requirements Completion Date
1. The applicant shall agree to defend at his sole expense any action brought against the City, its / /_
agents, officers, or employees, because of the issuance of such approval,or in the alternative,to
relinquish such approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any Court costs and attorney's fees which the City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such participation
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 11-10, Standard / /_
Conditions, and all environmental mitigations shall be included on the plans (full size). The
sheet(s) are for information only to all parties involved in the construction/grading activities and
are not required to be wet sealed/stamped by a licensed Engineer/Architect.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to
the Planning Commission or Planning Director hearing:
a) Notice of Exemption -$50 X
B. Time Limits
1. Conditional Use Permit approval shall expire if building permits are not issued or approved use _/ /_
has not commenced within 5 years from the date of approval. No extensions are allowed.
SC-12-08 1
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D-14
Project No. DRC2011-00034
Completion Date
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_•
site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and
grading on file in the Planning Department, the conditions contained herein, and the
Development Code regulations.
2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_
of Approval shall be completed to the satisfaction of the Planning Director.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
•
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be /_/_
submitted for Planning Director review and approval prior to the issuance of building permits.
5. Approval of this request shall not waive compliance with all sections of the Development Code, all / /_
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
D. Signs
1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. / /_
Any signs proposed for this development shall comply with the Sign Ordinance and shall require
separate application and approval by the Planning Department prior to installation of any signs.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, •
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
E. General Requirements
1. Submit five complete sets of plans including the following: —/ /
a. Site/Plot Plan;
b. Foundation Plan;
c. Floor Plan;
•
d. Ceiling and Roof Framing Plan;
e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size
of service entrance conductors, panel schedules, and single line diagrams;
f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste
diagram, sewer or septic system location, fixture units, gas piping, and heating and air
conditioning; and
g. Planning Department Project Number (i.e., DRC2011-00034) clearly identified on the
outside of all plans.
2 •
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D-15
•
•
- Project No. DRC2011-00034
Completion Date
•
2. Submit two sets of structural calculations and energy conservation calculations (if applicable). _/_/_
3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to _/_/_
• the City prior to permit issuance.
4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_
Building and Safety Department.
F. Site Development
1. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_
through Saturday, with no construction on Sunday or holidays.
2. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_
counter).
G. Additional Requirements/Comments
1. Provide compliance with the California Building Code (CBC) Accessibility Standards. / /_
2. Provide compliance with the California Building Code for required occupancy separations and mix _/_/_
occupancy ratios.
3. Provide documentation and calculation for compliance with the California Energy Standard _/_/_
regulations.
4. Provide draft stops in combustible attics and concealed spaces, in accordance with the California _/_/_
Building Code.
5. Upon tenant improvement plan check submittal, additional requirements may be needed. / /_
•
• -
• 3
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D-16
•
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348— FIEDLER GROUP FOR RALPHS GAS
March 9, 2011
Page 4
Planning Department
1) Approval is for the construction of a fuel station comprised of a kiosk of
179 square feet, an overhead canopy of approximately 3,480 square
feet, and five (5)fuel dispensers with one fueling position on either side
of each for a total of ten (10) fueling positions center in the
Neighborhood Commercial (NC) District, Terra Vista Community Plan
(TVCP), located at the northeast corner of Haven Avenue and
Base Line Road -APN: 1076-481-25.
2) Approval of this request includes the removal of six (6) trees per Tree
• Removal Permit DRC2010-00578. New trees (minimum 24-inch box
size) shall be planted on a one-to-one basis to replace the trees that
have been removed.
3) Approval of this request shall not waive compliance with any sections
of the Development Code, Terra Vista Community Plan, State Fire
Marshal's regulations, Uniform Building Code, or any other City
Ordinances.
4) The fuel station shall operate in conformance with the performance
standards as defined in the Development Code including, but not
limited to, noise levels. If the operation of the fuel station causes
adverse effects upon the shopping center, the tenants of the shopping
center, and/or adjacent residences, then the Conditional Use Permit
shall be brought before the Planning Commission for consideration and
possible revocation of the Conditional Use -e
5) Any modification or intensifica '•n of the existing uccc including a
change in operating hours, cha = - 'n f el •elive schedule routes,
any improvements including expansion o - 's a • _ -ddition of
fuel dispensers, and/or other modifications/intensification beyond what
is specifically approved by this Conditional Use Permit,shall require the
review and approval by the Planning Commission prior to submittal of
documents for plan check/occupancy, construction,commencement of
the activity, and/or issuance of a business license.
6) The fuel station is approved to operate 24 hours per day.
7) Fuel delivery trucks are prohibited from using the segment of Valencia
Avenue between the driveway at Valencia Avenue that is located
approximately 140 feet east of Haven Avenue and Base Line Road.
8) Fuel deliveries shall be limited to the hours between 6:00 a.m. and
10:00 p.m.
9) Audio advertising and ambient music is prohibited at all times. •
10) Outdoor storage of operating equipment, supplies, materials, and trash
is prohibited.
�� G /° S-"
PLANNING COMMISSION RESOLUTION NO. 11-08
CONDITIONAL USE PERMIT DRC2010-00348 — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011
Page 7
pollutant emissions, primarily related to vehicular travel and energy.
Potential measures for consideration in future projects include:
• Schedule truck deliveries and pickups during off-peak hours.
• Improve thermal integrity of the buildings and reduce thermal load
with automated time clocks or occupant sensors.
• Landscape with native and/or drought-resistant species to reduce
water consumption and to provide passive solar benefits.
• Provide lighter color roofing and road materials and tree planning
programs to comply with the AQMP Miscellaneous Sources MSC-
01 measure.
11) All industrial and commercial facilities shall post signs requiring that
trucks shall not be left idling for prolonged periods (i.e., in excess of 10
minutes).
12) All residential and commercial structures shall be required to
incorporate high-efficiency/low-polluting heating, air conditioning,
appliances, and water heaters.
13) All residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
14) All new development in the City of Rancho Cucamonga shall comply
with South Coast Air Quality Management District's Rule 445, Wood
Burning Devices. Rule 445 was adopted in March 2008 to reduce
emissions of PM2.5 and precludes the installation of indoor or outdoor
wood burning devices (i.e. fireplaces/hearths) in new development on
or after March 9, 2009.
15) Demolition of the existing building and existing associated
improvements shall be conducted over a minimum period of
eight(8) days and watered a minimum of three(3) times per
day to reduce localized air quality impacts for PM10 and
PM2.5 emissions to less than significant.
Biological Resources
1) New trees(minimum 24-inch box size)shall be planted on a one-to-one
basis to replace the six (6)trees that are removed. The species of the
replacement trees shall match the species of the trees that are
removed.
Cultural Resources
1) If any prehistoric archaeological resources are encountered before or
during grading, the developer will retain a qualified archaeologist to
8/c — /D8
PLANNING COMMISSION RESOLUTION NO. 11-09
DEVELOPMENT REVIEW DRC2010-00348D — FIEDLER GROUP FOR RALPHS GAS
March 9, 2011
Page 7
10) Projects shall be developed under the adopted 2010 General Plan
Update implementing the following measures, derived from the
SCAQMD's AQMP, where feasible, in order to reduce criteria air
pollutant emissions, primarily related to vehicular travel and energy.
Potential measures for consideration in future projects include:
• Schedule truck deliveries and pickups during off-peak hours.
• Improve thermal integrity of the buildings and reduce thermal load
with automated time clocks or occupant sensors.
• Landscape with native and/or drought-resistant species to reduce
water consumption and to provide passive solar benefits.
• Provide lighter color roofing and road materials and tree planning
programs to comply with the AQMP Miscellaneous Sources MSC-
01 measure.
11) All industrial and commercial facilities shall post signs requiring that
trucks shall not be left idling for prolonged periods(i.e., in excess of 10
minutes).
12) All residential and commercial structures shall be required to
incorporate high-efficiency/low-polluting heating, air conditioning,
appliances, and water heaters.
13) All residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
14) All new development in the City of Rancho Cucamonga shall comply
with South Coast Air Quality Management District's Rule 445, Wood
Burning Devices. Rule 445 was adopted in March 2008 to reduce
emissions of PM2.5 and precludes the installation of indoor or outdoor
wood burning devices (i.e. fireplaces/hearths) in new development on
or after March 9, 2009.
15) Demolition of the existing building and existing associated
improvements shall be conducted over a minimum period of
eight(8) days and watered a minimum of three(3) times per
day to reduce localized air quality impacts for PMwo and
PM2.5 emissions to less than significant.
Biological Resources
1) New trees (minimum 24-inch box size)shall be planted on a one-to-one
basis to replace the six (6) trees that are removed. The species of the
replacement trees shall match the species of the trees that are
removed.
Cultural Resources
Re- CO/4 elOP
E-Tech Environmental
Ralph's Fueling Center#717
Gasoline Dispensing Facility
7201 Haven Avenue
Rancho Cucamonga, CA 91701
Responses to SCAQMD letter to Mr. James Troyer dated February 23, 2011
1. Localized Construction Emissions Impacts
Criteria air pollutants from different phases during construction period were estimated
using URBEMIS model based on project size of one acre. Details of model input
parameters were present in Table 1 of the report "Ralph's Fueling Center#717 Gasoline
Dispensing Facility, Air Emissions from Land Use Development, Construction and
Operation" dated October 2010. Table 2 showed the emissions estimated and
comparison of emissions to SCAQMD regional thresholds.
Attached are Table 1 and Table 2 (revised) to shows the air emissions estimated. As
shown in Table 2, all of the estimated air emissions are below the regional thresholds as
stipulated by SCAQMD for both construction and operation of the proposed project.
Also attached is Tables 3, added to compare the estimated emissions to SCAQMD
localized significance thresholds (LSTs). The highest air emissions estimated for the
proposed project are particulate matter (PM) emissions from demolition during
construction. The highest PM10 emissions during demolition are 80.14 lb/day and
PM2.5 19.40 lb/day, both of which exceed the LSTs for construction of 5 lb/day and 4
lb/day, respectively.
Also, the highest PM10 emissions from operation of the proposed project are 2.50 lb/day
and PM2.5 emissions are 0.47 lb/day. When compared to SCAQMD PM10 and PM2.5
LSTs for operation, the estimated emissions of 2.5 lb/day of PM10 exceeds the LST of
2 lb/day.
2. Quantification of Greenhouse Gas (GHG) Emissions
Emissions of carbon dioxide (CO2), a greenhouse gas (GHG), from the proposed project
are estimated to be 240.69 MTon (Table 4, attached). When compared to the GHG
threshold of 3,000 MTon/year for residential/commercial project recommended by
SCAQMD, the estimated GHG emissions from the proposed project are well below the
regulatory threshold. No mitigation measure is needed.
3. Air Quality Mitigation Measures
As discussed in item#1, the estimated emissions of PM10 from construction (demolition)
and operation and the estimated PM2.5 emissions from construction (demolition) of the
(:\projects\13257\Project Managemen1\100 Correspondence)30 Associates\Response LST and GHG(2).doc 1
•
pc �C
•
E-Tech Environmental
proposed project exceed SCAQMD LSTs (Table 3). Mitigation measures are required
pursuant to CEQA guidelines. SCAQMD published a list of recommended mitigation
measures to reduce fugitive dust emissions from construction and demolition. For
demolition, SCAQMD recommends:
• Apply water every 4 hours to the area within 100 feet of a structure being
demolished to reduce trackout of dirt from vehicles. Control efficiency of such
measure is 36%.
• Apply water to disturbed soils after demolition is completed or at the end of each
day of cleanup. Control efficiency is 10%.
• Prohibit demolition activities when wind speeds exceed 25 mph. Control
efficiency is 98%.
The applicant proposes the aforementioned mitigation measures to reduce fugitive dust
emissions during demolition. If demolition activities are prohibited when wind speed
exceeds 25 mph, the demolition dust emissions from the proposed project will be
reduced to 1.6 lb/day of PM10 and that of PM2.5 reduced to 0.39 lb/day, making
compliance of both emissions with SCAQMD LSTs.
The table below lists the operational PM10 emissions estimated using the URBEMIS
model and the localized significance thresholds (LSTs) for one acre project stipulated by
SCAQMD for receptors located at 25 meters and 50 meters away from the property line.
The LSTs of 2.5 lb/day at 31.25 meters, 2.75 lb/day at 34.375 meters, and 3 lb/day at
37.5 meters are prorated with the LSTs listed at 25 and 50 meters. The estimated PM10
emissions from the proposed project were 2.5 lb/day.
The closest residential receptors (R-5 and R-6), from the proposed project, from property
lines to property lines, are 37.21 meters; while the closest houses at R-5 and R-6 from
the proposed project are more than 37.5 meters away. Also, the day care center (C-5)
which is a commercial receptor is about 25 meters away from property line to property
line and about 35 meters from building to property line of the proposed project. However,
the closest commercial receptor (C-2) is less than 25 meters away.
Also, there are differences between residential receptors and commercial receptors.
While people could stay in residential houses without going outside for 24 hour/day, 365
days/year; 70 years/life; people at commercial receptors stay much shorter, generally for
8 hours per day, 5 days/week, 40 years/life. From an exposure perspective, health
impacts effecting commercial receptors are much smaller than residential receptors.
Project Size One Acre
Receptor Distance from
Property Line 25 m 31.25 m 34.375 m 37.5 m 50 m
•
SCAQMD Operation PM10
Threshold 2 lb/day 2.5 lb/day` 2.75 lb/day* 3lb/day 4 lb/day
Highest Operational PM10
Emissions Estimated 2.5 lb/day
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E-Tech Environmental
When assessing impacts, including distance as a parameter to the closest residential
houses at R-5 and R-6 (at 37.21 meters) the estimated PM10 emissions of 2.5 lb/day
are less than the threshold of 3 lb/day at 37.5 meters. Similarly when assessing impacts
to the day care center (C-5 at 35 meters), the 2.5 lb/day PM10 emissions are below the
threshold of 2.75 lb/day at 34.375 meters.
Also, when assessing impacts with an exposure perspective, the air quality impacts
affecting the commercial receptor (C-2) and the commercial day care center (C-5) would
be much less than as if the receptors were residential due to shorter exposure time as
described above.
In short, the estimated 2.5 lb/day of PM10 emissions from the proposed project are small
and are below the prorated LSTs at farther distances, except at commercial receptor C-2
to the south. However, receptor C-2 is a commercial receptor which receives much less
impacts when compared to residential receptors. SCAQMD does not have any
recommended mitigation measures for such operation. A mitigation measure to justify
would be paved surfaces and paved roads which have been suggested as a mitigation
measures in some documents and is proposed by the applicant in this instance.
I:\projects\13257\Project Management\100 Correspondence\30 Associates\Response LST and GHG(2)4cc 3
E-Tech Environmental
Table 1. URBEMIS Input Assumptions for Retail Service Station
•
Estimate Default Default
Work Days Active Days Estimate Generated
Construction Demolition
Demolition 4 2 Building Width (feet) 78
Fine Grading 4 2 . Building Length (feet) 116
Trenching 5 3 Building Height(feet) 20
Paving 4 2 Building Volume(cu feet) 180,960
Building 4 4
Coating 3 3
Grading 8 Paving
Property Land Size (acre) 0.83
Acre Graded (acre) 0.05
Acre Paved (acre) 0.01
Default Default
Estimate Generated Estimate Generated
Operation Vehicle Mix
Land Use Trip 162.78 Trips Light Auto 50%
Primary trips 20% Light Trucks (<3750 Ib) 40% '
Diverted Trips 40% Light Trucks (3751-5750 Ib) 5%
By-Pass Trips 40% Motorcycle 5%
•
I:\projects\13257\Project Management\100 Correspondence\30 Associates\Ralphs URBEMIS Input\1 Input
E-Tech Environmental
•
Table 2. Estimated Air Emissions and SCAQMD Regional Thresholds (Rev. 1.0)
ROG NOx CO SO2 PM10 PM2.5
_ (lb/day) (lb/day) (113/day) (lb/day) (lb/day) (lb/day)
Construction Emissions 1
Demolition 7.11 85.59 35.30 0.10 80.14 19.40
_ Fine Grading 3.04 25.05 13.51 0.00 1.46 1.20
Trenching 2.09 17.75 9.26 0.00 0.89 0.81
Paving 2.02 12.03 8.83 0.00 1.04 0.95
Building 1.211 9.18 4.89 0.00 0.58 0.53
Coating 3.571 0.00 0.04 0.001 0.001 0.00
SCAQMD Thresholds 751 1001 5501 1501 1501 55
Operation Emissions 1.091 . 0.89 13.66_ 0.011 2.50 0.47
SCAQMD Threshold 551 55 550 1501 150 55
Table 3. Estimated Air Emissions and SCAQMD Localized Significance Thresholds
NOx CO PM10 PM2.5
(lb/day) (lb/day) (lb/day) (Ib/day)
Northwest San Bernardino Valley
Highest Construction Emissions 85.591 35.30 80.141 19.40
SCAQMD Construction Threshold (LST) 118 863 51 4
Highest Operation Emissions 0.89 13.66 2.50 0.47
SCAQMD Operation Threshold (LST) 118 863 2 1
I:\projects\13257\Project Management\100 Correspondence\30 Associates\Ralphs URBEMIS Input\2Emissions
• E-Tech Environmental
Table 4. Estimated Greenhouse Gas Emissions and SCAQMD Threshold
CO2 Durantion CO2
(lb/day) (day) (MTon/yr)
Construction Emissions
Demolition 11,392.70 2 10.36
Fine Grading 2,371.71 2 2.16
Trenching 1,893.03 3 2.58
Paving 1,200.72 2 1.09 •
Building 903.40 4 1.64
Coating 5.18 3 0.01
Operation Emissions 1,343.26 3651 222.86
Total Emissioins 240.69
SCAQMD GHG Threshold 3,000.00
•
•
I:\projects\13257\Project Management\100 Correspondence\30 Associates\Ralphs URBEMIS Input\3GHG
�C cO/t-Z C'ry Page 1 of 1
•
Smith, Michael
•
From: Tracy Hodson [tracyhodsonl @yahoo.com] CRY OF RANCHO CUCAMONGA
Sent: Tuesday, March 08, 2011 9:11 AM
To: Smith, Michael MAR 0 8 2n11
Subject: Planned Ralphs gas station
RECEIVED-PLANNING
•
Dear Mike,
Thank you for taking the time to discuss with me my concerns about the pending Ralph's gas station.
One of my concerns is the plan for the gas station to be open 24 hours. Aside from the concern of
possible increased crime, I am concerned about more noise and traffic along Haven Ave. in the early
morning hours. On warm nights I enjoy keeping my windows open. I treasure the quiet, the sound of
no traffic flying by along Haven Ave. You do not fully realize the impact of noisy traffic until you hear
nothing at all.
•
I am concerned about increased traffic along Valencia. Cars travel extremely fast along Valencia for a
shortcut between Baseline and Haven. Residents turning left onto Summerfield are concerned about
getting rear ended. The gas station may bring more traffic along Valencia.
I am concerned about the increased noise of gas trucks coming to fill the tanks. Trucks are noisy and
there is already a lot of truck traffic along Haven Ave.
My last concern is the appearance of Valencia Ave. The landscaping is shabby, there are weeds
growing in•the borders and the grass, the grass is not manicured nicely, the bushes are overgrown. Often
there is trash along the sidewalks and in the streets. I realize this is a problem for another department,
however I am concerned a 24 hour gas station will further deteriorate the appearance of the street and
the neighborhood.
I look forward to seeing you tomorrow at the hearing.
Tracy Contreras
3/8/2011
South Coast
Air Quality Management District
ACM21865 Copley Drive, Diamond Bar,CA 91765-4182
(909)396-2000 • www.aqmd.gov
E-Mailed: February 23, 2011 February 23, 2011
james.troyer@CityofRC.us
Mr. James Troyer
Planning Director
City of Rancho Cucamonga
Planning Department
P.O. Box 807
Rancho Cucamonga, CA 91729
Review of the Draft Mitigated Negative Declaration (MND) for the
Development Review Case DRC2010-00348D
The South Coast Air Quality Management District(AQMD) appreciates the opportunity
to comment on the above-mentioned document. The following comments are meant as
guidance for the lead agency and should be incorporated into the revised or final CEQA
document as appropriate.
The AQMD staff is concerned that the lead agency has not demonstrated that the
proposed project will have less than significant air quality impacts absent a localized air
quality analysis and greenhouse gas(GHG) emissions analysis for the project. Without
quantifying localized air quality impacts and GHG emissions impacts the lead agency is
unable to support its conclusion that the project will have less than significant air quality
impacts. Therefore, AQMD staff requests that the lead agency revise the CEQA
document to include a localized air quality analysis and GHG emissions analysis. In the
event that the revised CEQA document demonstrates significant adverse air quality
impacts the AQMD staff recommends that the lead agency require mitigation pursuant to
Section 15370 of the CEQA Guidelines.
Mr. James Troyer 2 February 23, 2011
AQMD staff is available to work with the lead agency to address these air quality issues
and any other questions that may arise. Please contact Dan Garcia, Air Quality Specialist
CEQA Section, at(909) 396-3304, if you have any questions regarding the enclosed
comments.
Sincerely,
,o v. .
Ian MacMillan
Program Supervisor, CEQA Inter-Governmental Review
Planning, Rule Development & Area Sources
Attachment
I M:DG
SBC 1 10128-05
Control Number
•
• Mr. James Troyer 3 February 23, 2011
Localized Construction Emission Impacts
1. The proposed project site is across the street from a day care facility and a residential
community(i.e., sensitive land uses), therefore, AQMD staff recommends that the
lead agency calculate localized air quality impacts in addition to the regional air
quality impacts analyzed in the air quality appendix of the MND. The results from
the localized air quality analysis should then be compared to the localized
significance thresholds (LSTs). The LSTs are used in conjunction with the
recommended regional significance thresholds to indicate whether ambient air quality
standards are exceeded locally when preparing a CEQA document. The AQMD staff
recommends that the lead agency quantify localized impacts by using the LSTs
developed by the AQMD for five acres of construction activity or less per day.
Guidance for performing a localized air quality analysis can be found at:
http://www.aumd.goviceua/handbook/LST/LST.htm.
Quantification of Greenhouse Gas (GHG) Emissions
2. The AQMD staff is concerned that the lead agency has failed to calculate GHG
emissions impacts from the proposed project. Section 15064.4 of the CEQA
guidelines requires that the lead agency "make a good faith effort" to quantify the
GHG emissions impacts from the proposed project. Further, the technical
information found in the air quality appendix of the MND provides the lead agency
with adequate technical information (e.g., type of construction equipment, hours of
equipment operation, material delivery trips and energy consumption) to calculate the
GHG emissions impacts from the proposed project. Therefore, AQMD staff requests
that the lead agency revise the CEQA document to include a quantitative analysis of
greenhouse gases, a determination of significance, and, if necessary, feasible
mitigation measures.
Air Quality Mitigation Measures
3. In the event that the lead agency's revised CEQA document requested in comments
#1 and#2 demonstrates significant adverse air quality impacts the AQMD staff
recommends that the lead agency require mitigation pursuant to Section 15370 of the
CEQA Guidelines that could minimize or eliminate these impacts. To assist the lead
agency with identifying possible mitigation measures for the project, please refer to
Chapter 11 of the AQMD CEQA Air Quality Handbook for sample air quality
mitigation measures. Also, a list of mitigation measures for criteria pollutants can be
found on the AQMD's CEQA webpage at the following web address:
www.agmd.gov/cega/handbook/mitigation/MM intro.htm . Further, a list of
mitigation measures to reduce GHG's can be found at the California Air Pollution
Control Officer's Association Website at: http://www.capcoa.org/wp-
content/uploads/2010/1 I/CA PCOA-Quanti ficati on-Report-9-14-Final.pdf
•
Page 1 of 2
i
Schrader, Lois
From: Smith, Michael
Sent: Tuesday, February 15, 2011 3:38 PM
To: 'Michael Griffin'
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: RE: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Attachments: 3-9 PC mailer-Ralphs re-notice.pdf; 3-9 LEGAL- PC.PDF
Hello, Mr. Griffin
The public hearing date for the above-noted applications has been changed.
The new date for the public hearing for the above-noted application is March 9, 2011. We have mailed-out new
notices to the surrounding property owners and revised the advertising in the newspaper and on-site postings. To ensure
that you have the opportunity to attend the public hearing for the above-noted applications and present your concerns, I
have attached the revised notices for the scheduled March 9, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-477-2750 x4317
michael.smith @cityofrc.us
From: Smith, Michael
Sent: Wednesday, February 02, 2011 3:19 PM
To: 'Michael Griffin'
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Hello, Mr. Griffin
Thank you for your comments regarding the proposed gas station at 7201 Haven Avenue in the Terra Vista Village
shopping center at the northeast corner of Haven Avenue and Base Line Road. Your e-mail will be included in the Staff
Report that will be presented to the Planning Commission. To ensure that you have the opportunity to attend the public
hearing for the above-noted applications and present your concerns, I have attached the notices for the scheduled
February 23, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-477-2750 x4317
michael.smith @cityofrc.us
From: Michael Griffin [mailto:spahnranchero @verizon.net]
Sent: Wednesday, September 15, 2010 1:11 PM
To: Smith, Michael
Subject: Haven/Valencia Gas Station
2/15/2011
•
Page 2 of 2
4
Michael Smith,
I am concerned about the building of a gas station in the Ralph's shopping center on the corner of Haven and Valencia. It is
difficult enough for families to raise their children properly with what Rancho Cucamonga has to offer. I was born and raised in
Claremont,and we have a Birkenstock store,jazz and fondue club,and a private liberal arts consortium of colleges within our city
boundaries. Rancho has none of these,and should consider these inadequacies before giving the nod to the building of another gas
station. What sort of zoning message are you sending when parents buying groceries with their children are forced to expose their
young ones to the obscene outbursts produced by the syphilitic minds of gas station loiterers? As an alternative, I would like to
propose that you suggest to Ralph's that they consider contemplating the idea of brainstorming the construction of an establishment
that breathes life into the anemic cultural atmosphere of Rancho Cucamonga. Thank you for your time.
•
-Michael Griffin, Concerned citizen of the culturally rich city of Claremont
•
2/15/2011
Schrader, Lois
From: Smith, Michael
Sent: Tuesday, February 15, 2011 3:36 PM
To: 'Simone Pacheco'; 'cemcneil @hotmail.com'
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: RE: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Attachments: 3-9 PC mailer-Ralphs re-notice.pdf; 3-9 LEGAL - PC.PDF
•
3-9 PC 3-9 LEGAL- PC.PDF
filer-Ralphs re-noticf (15 KB)
Hello, Ms. Pacheco
The public hearing date for the above-noted applications has been changed.
The new date for the public hearing for the above-noted application is March 9, 2011. We
have mailed-out new notices to the surrounding property owners and revised the advertising
in the newspaper and on-site postings. To ensure that you have the opportunity to attend
the public hearing for the above-noted applications and present your concerns, I have
attached the revised notices for the scheduled March 9, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-477-2750 x4317
michael.smith @cityofrc.us
Original Message
From: Smith, Michael
Sent: Wednesday, February 02, 2011 3 :17 PM
To: 'Simone Pacheco' ; cemcneil @hotmail.com
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Hello, Ms. Pacheco
Thank you for your comments regarding the proposed gas station at 7201 Haven Avenue in the
Terra Vista Village shopping center at the northeast corner of Haven Avenue and Base Line
Road. Your e-mail will be included in the Staff Report that will be presented to the
Planning Commission. To ensure that you have the opportunity to attend the public hearing
for the above-noted applications and present your concerns, I have attached the notices
for the scheduled February 23, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-477-2750 x4317
•
michael. smith @cityofrc.us
Original Message
From: Simone Pacheco [mailto:dsgpacheco @verizon.net]
Sent: Friday, September 17, 2010 7:47 AM
1
To: Smith, Michael
Cc: cemcneil @hotmail.com
Subject: Proposed new gas station @ haven/Valencia
> To whom it may concern:
> I would like to state my opposition to the proposed placement of a gas station at the
intersection of Haven and Valencia. I do not think it' s benefits outweigh the potential
risks (ie: increased traffic flow in a residential area) . Not to mention the negative
effects it will have on the home value of the surrounding properties.
> Thank you,
> Simone Pacheco
>• Sent from my iPad
2
�y Page l of 1
Schrader, Lois ��j
From: Smith, Michael
Sent: Wednesday, February 02, 2011 3:19 PM
To: 'Michael Griffin'
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Attachments: 2-23 PC mailer.pdf; 2-23 LEGAL - PC.pdf
Hello, Mr. Griffin
Thank you for your comments regarding the proposed gas station at 7201 Haven Avenue in the Terra Vista Village
shopping center at the northeast corner of Haven Avenue and Base Line Road. Your e-mail will be included in the Staff
Report that will be presented to the Planning Commission. To ensure that you have the opportunity to attend the public
hearing for the above-noted applications and present your concerns, I have attached the notices for the scheduled
February 23, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-477-2750 x4317
michael.smith @cityofrc.us
From: Michael Griffin [mailto:spahnranchero @verizon.net]
Sent: Wednesday, September 15, 2010 1:11 PM
To: Smith, Michael
Subject: Haven/Valencia Gas Station
Michael Smith,
I am concerned about the building of a gas station in the Ralph's shopping center on the corner of Haven and Valencia. It is
difficult enough for families to raise their children properly with what Rancho Cucamonga has to offer. I was born and raised in
Claremont,and we have a Birkenstock store,jazz and fondue club,and a private liberal arts consortium of colleges within our city
boundaries. Rancho has none of these, and should consider these inadequacies before giving the nod to the building of another gas
station. What sort of zoning message are you sending when parents buying groceries with their children are forced to expose their
young ones to the obscene outbursts produced by the syphilitic minds of gas station loiterers? As an alternative, I would like to
propose that you suggest to Ralph's that they consider contemplating the idea of brainstorming the construction of an establishment
that breathes life into the anemic cultural atmosphere of Rancho Cucamonga. Thank you for your time.
-Michael Griffin, Concerned citizen of the culturally rich city of Claremont
2/2/2011
Schrader, Lois
•
From: Smith, Michael
Sent: Wednesday, February 02, 2011 3:17 PM •
To: 'Simone Pacheco'; cemcneil @hotmail.com
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Attachments: 2-23 PC mailer.pdf; 2-23 LEGAL - PC.pdf
2-23 PC mailer.pdf 2-23 LEGAL-
(39 KB) PC.pdf(15 KB)
Hello, Ms. Pacheco
Thank you for your comments regarding the proposed gas station at 7201 Haven Avenue in the
Terra Vista Village shopping center at the northeast corner of Haven Avenue and Base Line
Road. Your e-mail will be included in the Staff Report that will be presented to the
Planning Commission. To ensure that you have the opportunity to attend the public hearing
for the above-noted applications and present your concerns, I have attached the notices
for the scheduled February 23, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
•
Rancho Cucamonga, CA 91730
909-477-2750 x4317
michael.smith @cityofrc.us
Original Message
From: Simone Pacheco [mailto:dsgpacheco @verizon.net]
Sent: Friday, September 17, 2010 7 :47 AM
To: Smith, Michael
Cc: cemcneil @hotmail.com
Subject: Proposed new gas station @ haven/Valencia
>
> To whom it may concern:
> I would like to state my opposition to the proposed placement of a gas station at the
intersection of Haven and Valencia. I do not think it's benefits outweigh the potential
risks (ie: increased traffic flow in a residential area) . Not to mention the negative
effects it will have on the home value of the surrounding properties.
> Thank you,
> Simone Pacheco
>• Sent from my iPad
1
•
Page l of 2
Schrader, Lois 2
From: Smith, Michael
Sent: Wednesday, February 02, 2011 3:05 PM
To: 'Mega' n Boling'
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Attachments: 2-23 PC mailer.pdf; 2-23 LEGAL - PC.pdf
Hello, Ms. Boling
Thank you for your comments regarding the proposed gas station at 7201 Haven Avenue in the Terra Vista
Village shopping center at the northeast corner of Haven Avenue and Base Line Road. Your e-mail will be
included in the Staff Report that will be presented to the Planning Commission. To ensure that you have the
opportunity to attend the public hearing for the above-noted applications and present your concerns, I have
attached the notices for the scheduled February 23, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-477-2750 x4317
michael.smith@cityofrc.us
From: Megan Boling [mailto:megan @protect-your-wealth.com]
Sent: Wednesday, September 22, 2010 9:29 AM
To: Smith, Michael •
Subject: Gas Station at Ralph's on Haven and Valencia
Importance: High
This letter is a request to NOT open the 24 hour gas station on Haven and Valencia! Here
are my outlined reasons below:
1. It will be so close to the residents all of the neighbors don't want it! 2. There is no
option for the city to put a signal in at Valencia and Haven. Haven has a speed limit
of 50 mph and Valencia is 35 mph. 3. Children are using the crosswalk now and
having to walk across 3 lanes of traffic without any assistance of a signal. 4. Many
accidents have happened on Valencia, many required calling 911 with medical
response and vehicles having to be towed. 5. There are already 6 gas stations within
2 miles, we really don't need another one. 6. Ralphs stated (at the community
meeting) that they anticipated delivering 60,000 to 70,000 gallons of gasoline each
week. Approximately 3,000 vehicles will visit the station each week. Too many
vehicles in a residential area. 7. Some houses in the neighborhood will be 150 FEET
from the gas station, traffic, and deliveries! 8. Property values will drop.
As a local resident, please take this into serious consideration as this community in NOT
happy with this proposal!
Thank you,
2/2/2011
Page 2 of 2
Megan Boling
Paralegal
Dennis M. Sandoval, A Professional Law Corporation
3233 Arlington Avenue Ste 105
Riverside, CA 92506
951-787-7711
951-786-9813 (Fax)
me an protect-your-wealth.c_om
websites:
www.orgtect-your-wealth.com
www.cal_elder-lawyer.com
www.fight-the-taxman.com
This message may contain PRIVILEGED AND CONFIDENTIAL INFORMATION that may be
protected by the ATTORNEY-CLIENT PRIVILEGE and is intended only for use by the
addressee named above. This e-mail is covered by the Electronic Communications Privacy
Act, 18 U.S.C. 2510-2521 and is only intended for the use of the intended recipient. Any
use, review, retransmission, dissemination, copying or other use of, or taking of any action in
reliance upon this information by persons or entities other than the intended recipient is
prohibited.
If you have received this communication in error, please do not read, copy or disseminate it
in any manner. If you have received this transmission in error, please immediately notify
Dennis M. Sandoval, A Professional Law Corporation, by return e-mail, by fax @ 951-786-
9813 or by phone @ 951-787-7711.
Attention -- Circular 230 Disclosure: To ensure compliance with requirements imposed by
the IRS, any tax advice contained in this communication, including attachments thereto, was
not written to be used and cannot be used for the purpose of (a) avoiding tax-related
penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to
another party any tax-related matters addressed herein. If you would like a written opinion
upon which you can rely for the purpose of avoiding penalties, please contact Dennis M.
Sandoval using the contact information set forth above.
Information from ESET NOD32 Antivirus, version of virus signature database 5470
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•
2/2/2011
•
7?–eL —Page 1 of 2
Schrader, Lois
From: Smith, Michael
Sent: Wednesday, February 02, 2011 3:01 PM
•
To: 'Michael Phillips of Rseay'
Cc: Troyer, James; Henderson, Larry; Granger, Donald; Burnett, Candyce; Schrader, Lois
Subject: Conditional Use Permit DRC2010-00348 and Development Review DRC2010-00348D
Attachments: 2-23 PC mailer.pdf; 2-23 LEGAL - PC.pdf
Hello, Mr. Phillips
Thank you for your comments regarding the proposed gas station at 7201 Haven Avenue in the Terra Vista Village
shopping center at the northeast corner of Haven Avenue and Base Line Road. Your e-mail will be included in the Staff
Report that will be presented to the Planning Commission. To ensure that you have the opportunity to attend the public
hearing for the above-noted applications and present your concerns, I have attached the notices for the scheduled
February 23, 2011 Planning Commission meeting.
If you have any questions, let me know. Thank you.
Mike Smith
Associate Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
909-477-2750 x4317
michael.smith @cityofrc.us
From: Michael Phillips of Rseay [mailto:staff.rseay @farmersagency.com]
Sent: Friday, January 28, 2011 2:06 PM
To: Smith, Michael
Subject: Gas Pumps on Haven and Basline
•
To Whom It May Concern,
I am sending you this email regarding the proposed gasoline pumping station on Haven Ave and Valencia
Ave. I feel that this pumping station does not serve the best interest of the community. One of the
concerns that my wife and I have is the environmental impact to the surrounding community, due to
accidental and residual spilling.
I am concerned about the traffic congestion that would happen do to an increased frequency and volume
of vehicles entering and exiting the shopping center. There was mention that a traffic light maybe added
to that intersection of Haven Ave and Valencia Ave. By adding a traffic signal at that location would
severely disrupt the flow of traffic even if the light is synchronized with the signal on Baseline. That is
because just a few hundred feet north of the proposed pumping station is a traffic signal for the "Pacific
Electric Bike Trail". The light for the bike trail is initiated by a person pushing a button. It does not take
much to foresee traffic congestion to become unmanageable; frustrating residents and the movement of
emergency vehicles.
There is no public need for a pumping station at that location. There are currently three pumping stations
just north of Hwy 210 and another one off of Town Center Drive. My wife and I cannot find a need or
reason for a pumping station at this location. We feel that the public would best be served by not allowing
this pumping station to be approved.
Thank you for your service to the residents and visitors of Rancho Cucamonga.
2/2/2011
Page 2 of 2
Thank You,
Michael Phillips
(909) 527-8375—Office
(909) 260-5921—Cell
(909) 527-8365—Fax
staffrseayfarmersagenc,
2/2/2011
STAFF REPORT
• PLANNING DEPARTMENT
RANCHO
Date: March 9, 2011 CUCAMONGA
To: Chairman and Members of the Planning Commission
From: James R. Troyer, AICP, Planning Director
By: Jennifer Nakamura, Associate Planner
Subject: MUNICIPAL CODE AMENDMENT DRC2010-00141 - CITY OF RANCHO
CUCAMONGA - Consideration of a proposed amendment to Chapter 5.12
• (Regulation of Entertainment) of Title 5 (Business Taxes, Licenses and
Regulations) and Chapters 17.10 (Commercial/Office Districts), 17.30 (Industrial
Districts) and 17.32 (Foothill Boulevard Districts) of Title 17 (Development Code) •
of the Rancho Cucamonga Municipal Code regarding entertainment This action
is exempt from environmental review pursuant to Section 15061(b)(3) of the State
CEQA Guidelines. This item will be forwarded to City Council for final action.
BACKGROUND
On March 17, 2010, the City Council authorized Planning staff to initiate a Municipal Code
amendment to make changes relating to the regulation of entertainment. Staff spent several
months evaluating the Municipal Code relative to entertainment as well as investigating how other
• cities regulate entertainment to determine what changes should be considered. On July 14, 2010,
staff presented their findings to the Planning Commission, who offered comments and changes. On
August 4, 2010, a joint meeting was held between the City Council and Planning Commission to
discuss staffs proposed changes. The Council and Commission provided valuable comments for
staff consideration. Since the joint meeting, staff, in conjunction with the City Attorney's office, has
been analyzing and developing changes to the regulation of entertainment.
• ANALYSIS
•
Chapter 5.12 of the Rancho Cucamonga Municipal Code provides the primary framework for
regulating entertainment. This chapter was approved via an ordinance in 1986 and has not been
revised since its initial approval. There are also several sections of Title 17 (Development Code)
that discuss entertainment as it relates to land use. Staff analyzed both Chapter 5.12 as well as the
Title • 17 of the Development Code to develop the proposed changes to the regulation of
entertainment.
•
Proposed changes to the Municipal Code
The following are the proposed changes to Chapter 5.12
• Modify or add the following definitions: "Entertainment", "Amplified" and "Disc Jockey" to reflect
more modern standards. •
• Amend exclusions to defined entertainment. Currently, solo piano and harp players were
exempt from entertainment. This definition has been expanded to include up to two acoustical
performers in a restaurant in conjunction with meal service. This allows for an enhanced variety
• of entertainment that would not warrant a permit.
Item E
•
DRC2010-00141-CITY OF RANCHO CUCAMONGA
PROPOSED MUNICIPAL CODE AMENDMENT REGARDING ENTERTAINMENT
March 9, 2011
Page 2
• Public noticing requirements would be changed to reflect the current standard for public
hearings of a 660 foot radius for individual property noticing. This is to create consistency in
noticing requirements between Chapter 5.12 and the Development Code.
• Clarify the right of the Planning Commission to suspend, modify or revoke a permit if findings
are made. There have been questions in the past whether the Commission has the right to
modify an Entertainment Permit.
• Fees for renewal would be changed from the current codified amount of $75 per year to an
amount set by Council Resolution as is done with other fees charged by the City. This will allow
the City to charge a fee to recoup administrative and investigative costs for annual renewals.
Fees will be part of a future Planning and Building and Safety fee revision study.
• Requires annual renewal applications to be submitted by January 1 each year. One 30 day
extension may be granted.
• Clarify the transferability of Entertainment Permits. Permits may be transferred between owners
at the same location provided the new owner agrees and complies with the conditions of
approval for the existing Entertainment Permit. Entertainment Permits cannot be transferred
between locations.
• Entertainment Permits will become null and void should the business cease operation for a
continuous period of 180 days or more.
• Eliminate the requirement for security guard at dances with dance floors over 150 square feet. •
This language does not allow staff the flexibility to work with the property owner to best
determine security requirements for the proposed entertainment. This will now be added as a
Condition of Approval for Entertainment Permits.
Currently, the City of Rancho Cucamonga has a two-pronged process for regulating entertainment.
For ari establishment to conduct entertainment, the applicant is required to obtain both a
Conditional Use Permit (CUP) as well as an Entertainment Permit (EP). After reviewing the
practical application of this process, it has been determined that there are no specific benefits by
requiring both applications for a singular use. Applicants may still need a CUP based on other use
factors (i.e. serving of hard .alcohol), but would not need a CUP solely on the basis of providing
entertainment. This allows the Entertainment Permit to be the singular vehicle to regulate
entertainment.
The following are proposed changes to the Development Code:
In chapters 17.10, 17.30 and 17.32 of the Development Code, the following uses that currently
require a Conditional Use Permit will be modified as shown:
• Section 17.10.030(B) (Commercial and Office Districts) — The use "Restaurants with
entertainment and/or cocktail lounge and bar" will now read "Restaurants with cocktail lounge
and/or bar". The use "Restaurants with incidental serving of beer and wine but without a
cocktail lounge, bar, entertainment or dancing" will now read "Restaurants with incidental
serving of beer and wine without a cocktail lounge or bar". (Exhibit A of the draft Ordinance)
• Section 17.30.030 (Industrial Districts) — The use "Restaurants with bar or entertainment" will
now read "Restaurants with bar". (Exhibit B of the draft Ordinance)
•
E-2
DRC2010-00141-CITY OF RANCHO CUCAMONGA
PROPOSED MUNICIPAL CODE AMENDMENT REGARDING ENTERTAINMENT
March 9, 2011
Page 3
• Section 17.32.030 (Foothill Boulevard Districts) — The use "Cocktail Lounge (bar, lounge,
tavern) including related entertainment" will now read "Cocktail lounge (bar, lounge, tavern)".
The use "Restaurants (sit down) with entertainment and/or cocktail lounge, bar" will now read
"Restaurants (sit down) a) with cocktail lounge and/or bar" and b) incidental serving'of beer and
wine (without cocktail lounge or bar". (Exhibits C and D of the draft Ordinance)
ENVIRONMENTAL ASSESSMENT
The Planning Department Staff has determined that the project is exempt from the requirements of
the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project
qualifies under Section 15061(b)(3) of the State CEQA Guidelines because the text amendment is
for clarification purposes and will not result in the intensification of environmental impact. It can
also be demonstrated with certainty that the text amendment to clarify and update the regulation of
entertainment will not have any significant impact on the environment.
CORRESPONDENCE
This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper with a
one-eighth page ad because of the citywide scope of the proposed amendment. In addition,
existing Entertainment Permit holders were notified by mail with an overview of the proposed
changes on February 15, 2011 (Exhibit A). A copy of the staff report and draft ordinance was sent
out to existing Entertainment Permit holders on March 3, 2011.
• RECOMMENDATION •
Staff recommends that the Planning Commission recommend approval to the City Council through
adoption of the attached Resolution.
Respectfully submitte
•
Ja s R. Troyer, AICP
Planning Director
JRT:JN/Is
•
Attachments: Exhibit A- Notification letter to existing Entertainment Permit holders
Draft Resolution of Approval for Municipal Code Amendment DRC2010-00141
Draft Ordinance of Approval for Municipal Code Amendment DRC2010-00141
•
•
E-3
!'Qayor DENNIS M]GHAEL • lidayor Pro Mu SAN SPAGNOLO
Council Ac;nbr;s WHIM j. ALEXANDER, CH BUQ1 ( i DIANE WILLIAMS
-
•
Y 7 e7 Urger JACK LA1\1,AK:1'
THE CITY OF RANCHO CUCAMONGA
fibRANCHO
lICAMONGA 7L
February 15, 2011
Mr. Eddie Lakkees (j171/21,V - l
Rock the Keys
10134 Foothill Boulevard
Rancho Cucamonga, CA 91730
Dear Mr. Lakkees: •
•
The Planning Department has completed work on a revision to the Municipal Code concerning the regulation
of entertainment. As an existing Entertainment Permit holder, we wanted to make you aware of the proposed
changes in advance. The proposed changes are scheduled to be reviewed by the Planning Commission at a
public hearing on March 9, 2011, The final ordinance will be forwarded to the City Council for public hearing
and final approval at a later date.
Below is.an outline of the proposed changes:
•
• Entertainment will no longer require both a Conditional Use Permit and an Entertainment Permit. The
Entertainment Permit will be the only vehicle to regulate entertainment.
• Definitions for entertainment, amplification, and disc jockey's have been updated.
• , Increased the public notification requirements from 300 feet to 660 feet to be consistent with the
Development Code.•
Allows staff to determine security needs based on the level of proposed entertainment.
• Requires annual renewal,applications to be submitted by January 1st. One 30-day extension may be
granted. •
• Revise the renewal fees to reflect the actual costs associated with the annual renewal process.
Changes to Entertainment Permit fees are not being considered as part of these revisions. Fees will be
part of a future Planning and Building and'Safety fee revision that will be reviewed by the City Council at
a later date. •
•
• Clarify the transferability of Entertainment Permits. Permits may be transferred between owners at the.
same location but cannot be transferred between locations.
These changes should have minimal impacts on existing permit holders. All current Entertainment Permits will
continue to remain in effect and continue to be subject to the annual renewal process. Entertainment Permits
previously transferred between owners will continue to remain valid and in effect. No additional review or
hearing will be required as a result of the proposed ordinance.
Prior to the March 9, 2011, Planning Commission Meeting, we will be sending you a copy of the staff report
and proposed ordinance for your review. Should you have any questions about the proposed changes to the
Entertainment Permit process, please contact the project planner, Jennifer Nakamura, Monday through
Thursday from 7:00 a.m. to 6:00 p.m.
Sincerely,
PLANNING DEPARTMENT
"lames R. Troyer, AICP
Planning Director
EXH ■ A A •
■ im C urn i nir ,( E 4 -ON67 • Iel (000)477-7700• Ti 1NO9)4 7;-2R40 • v;ww Cirvnn2C ue 4+-1 •
RESOLUTION NO.11-11
• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING
APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2010-00141,
TO AMEND CHAPTER 5.12, 17.10, 17.30 AND 17.32 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE TO REGULATE
ENTERTAINMENT, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No.
DRC2010-00141, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Code Amendment is referred to as "the application."
2. On March 17, 2010, the City Council approved a request to initiate a Municipal Code
Amendment.
3. On July 14, 2010, staff presented their initial findings and recommendations to the
Planning Commission.
4. On August 4, 2010, staff presented proposed changes to the Municipal Code regarding
entertainment to a joint meeting of the City Council and Planning Commission.
5. On the 9th day of March 2011, the Planning Commission of the City of Rancho
• Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing
on that date.
6. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing on March 9, 2011, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located within the City; and
b. The proposed amendment will not have a significant impact on the environment.
c. This amendment does not conflict with the Land Use Policies of the General Plan
and is in conformance with the General Plan; and
• d. This amendment does promote the goals and objectives of the Development Code
by implementing the policies of the General Plan, protecting the stability of land uses, and attaining
the advantages resulting from comprehensive and orderly land use and resource planning; and
E-5
PLANNING COMMISSION RESOLUTION NO. 11-11
DRC2010-00141 - CITY OF RANCHO CUCAMONGA
March 9, 2011
Page 2
•
e. The proposed amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity; and
3. The Planning Department Staff has determined that the project is exempt from the
requirements of the California Environmental Quality Act(CEQA) and the City's CEQA Guidelines.
The project qualifies under Section 15061(b)(3) of the State CEQA Guidelines because the text
amendment is for clarification purposes and will not result in the intensification of environmental
impact. It can also be demonstrated with certainty that the text amendment to clarify and update the
regulation of entertainment will not have any significant impact on the environment. The Planning
Commission has reviewed the Planning Department's determination of exemption, and based on its
own independent judgment, concurs in the staffs determination of exemption.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,this
Commission hereby recommends approval of Development Code Amendment No. DRC2010-00141
through the adoption of the attached Draft City Council Ordinance.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
•
BY:
Luis Munoz, Jr., Chairman
ATTEST:
James R. Troyer, AICP, Secretary
I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 9th day of March 2011, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: •
E-6
ORDINANCE NO. •
•
• AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT DRC2010-00141, A REQUEST TO AMEND
• CHAPTERS 5.12, 17.10, 17.30 AND 17.32 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE REGULATING
ENTERTAINMENT, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment
No. DRC2010-00141, as described in the title of this Resolution. Hereinafter in this Resolution,
the subject Development Code Amendment is referred to as "the amendment."
2. On March 17, 2010, the City Council approved a request to initiate a Municipal Code
Amendment.
3. On July 14, 2010, staff presented their initial findings and recommendations to the
Planning Commission.
4. On August 4, 2010, staff presented proposed changes to the municipal code
regarding entertainment to a joint meeting of the City Council and Planning Commission.
5. On March 9, 2011, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced amendment and,
following the conclusion thereof, adopted its Resolution No. 11-11, recommending that the City
Council of the City of Rancho Cucamonga adopt said amendment.
6. On , 2011, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the amendment.
7. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on , 2011, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to property located within the City; and .
b. The proposed amendment will not have a significant impact on the
environment.
• c. This amendment does not conflict with the Land Use Policies of the General
Plan and is in conformance with the General Plan; and
E-7
•
CITY COUNCIL ORDINANCE NO.
DRC2010-00141
, 2011
Page 2 •
d. This amendment does promote the goals and objectives of the Development
Code by implementing the policies of the General Plan, protecting the stability of land uses, and
attaining the advantages resulting from comprehensive and orderly land use and resource
planning; and
e. The proposed amendment will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity; and
f. The Planning Department Staff has determined that the project is exempt from
the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under Section 15061(b)(3) of the State CEQA Guidelines
because the text amendment is for clarification purposes and will not result in the intensification
of environmental impact. It can also be demonstrated with certainty that the text amendment to
clarify and update the regulation of entertainment will not have any significant impact on the
environment. The City Council has reviewed the Planning Department's determination of
exemption, and based on its own independent judgment, concurs in the staff's determination of
exemption.
SECTION 3: Chapter 5.12 of Title 5 of the Rancho Cucamonga Municipal Code is hereby
amended to read, in words and figures, as shown Attachment A.
SECTION 4: Table 17.10.030(B) of Section 17.10.030 of Chapter 17.10 of Title 17 of the •
Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as
shown in Exhibit A.
SECTION 5: Table 17.30.030 of Section 17.30.030 of Chapter 17.30 of Title 17 of the
Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as
shown in Exhibit B.
SECTION 6: Table 17.32.030 of Section 17.32.030 of Chapter 17.32 of Title 17 of the
Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as
shown in Exhibits C and D.
SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The City
Council of the City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless
of the fact that any one or more sections, subsections, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.
SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California. •
E-8
CITY COUNCIL ORDINANCE NO.
DRC2010-00141
, 2011
• Page 2
ATTACHMENT A
Chapter 5.12 - REGULATION OF ENTERTAINMENT
Sections:
5.12.010 - Permit required.
5.12.020 - Definitions.
•
5.12.030 - Exclusions.
5.12.040 - Application for permit.
.5.12.050 - Investigation and hearing.
5.12.060 - Notice of hearing.
5.12.070 -Action at hearing.
5.12.080 - Denial of application.
5.12.090 - Conditions imposed on permit.
5.12.100 - Suspension, modification, or revocation of permit.
5.12.110 - Fees.
5.12.115 - Annual renewal.
5.12.120 - Transfer of permit.
5.12.130 - Nullification of permit.
• 5.12.140 - Chapter to govern.
5.12.150 - Prohibition and penalties.
5.12.160 - Civil remedies available. •
•
5.12.010 - Permit required.
No person or business entity shall operate, conduct, or manage any place or premises open to
the public where food or beverages are sold, offered for sale, or given away, and where any
form of entertainment, as defined herein, is provided or furnished without first obtaining a permit
so to do as hereinafter provided for in this chapter.
5.12.020 - Definitions
A. "Entertainment" means any activity conducted for the primary purpose of diverting or
entertaining clientele at premises open to the general public; including but not limited to,
dancing by either performers or clientele, live musical performance, and musical entertainment
provided by a disc jockey, karaoke, or any similar entertainment activity involving reproduced
music.
B. "Amplified" refers to the use of any mechanical or electronic means such as
microphones, bullhorns or speakers to increase or intensify the volume of any sound, including
but not limited to vocalizations and sounds produced by any musical instrument.
•
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CITY COUNCIL ORDINANCE NO.
DRC2010-00141
, 2011
Page 2 •
5.12.030 - Exclusions.
The provisions of this chapter shall not be deemed to require a permit for the following:
A. For the use of a radio or other electronic playback device, except when utilized by an
announcer or disc jockey whose live performance consists of selecting or manipulating
prerecorded selections of music or other sounds;
B. For any entertainment provided for members and their guests at a private club where
admission is not open to the public;
C. For entertainment conducted in connection with a regularly established motion picture
theater, recreation park, circus, or fairground;
D. For entertainment conducted by or sponsored by any bona fide club, society or
association, organized or incorporated for benevolent, charitable, dramatic or literary purposes,
having an established membership, and which holds meetings at regular intervals of not less
than once per three-month period, when proceeds, if any, arising from such entertainment are
used for the purpose of such club, society or association;
E. For unamplified entertainment provided by no more than 2 performers during meal
service at an established restaurant where dancing is not allowed; •
F. For entertainment conducted solely on or at any premises or location which is owned or
operated by, or leased by, to or from the United States, State of California, County of San
Bernardino, City of Rancho Cucamonga, or any agency or subdivision thereof.
G. For any Adult Entertainment Business regulated by Section 17.04.090 of the Rancho
Cucamonga Municipal Code.
5.12.040 - Application for permit.
Applicants for Entertainment Permits shall file a written, signed and verified application with the
City Manager, or his designee, showing:
A. The name and permanent address of applicant;
B. The name, proposed and current, if any, business address of the applicant. If the
applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation
'and the applicant shall show the name and residence address of each of the officers, directors,
and each stockholder owning not less than twenty-five percent of the stock of the corporation. If
the applicant is a partnership, the application shall show the names and residence addresses of
each of the members, including limited partners;
C. A detailed description of the proposed entertainment, including type of entertainment,
number of persons engaged in the entertainment, and any further information about the •
entertainment or entertainers, as the City Manager may deem necessary;
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CITY COUNCIL ORDINANCE NO.
DRC2010-00141
, 2011
• Page 2
D. The date, hours and location where the entertainment is proposed to be conducted, and
the admission fee, if any, to be charged;
E. 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;
•
F. 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;
G. Such other reasonable information as the City Manager, or designee, may deem
necessary.
5.12.050 - Investigation and hearing.
After the application for an Entertainment Permit has been filed, the City Manager shall cause
an investigation to be made of such application, and after such investigation has been
completed he shall cause the application to be set for hearing before the Planning Commission
and shall notify the applicant of the date of such hearing.
• 5.12.060 - Notice of hearing.
After the City Manager has set the application for hearing, he shall cause notice of the hearing
to be given to all property owners within six hundred sixty (660) feet of the proposed or actual
location of the applicant's business. For the purposes of this section, notice to property owners
shall be sufficient if given to those property owners who appear as such on the last equalized
assessment roll. Additionally, the City Manager shall cause a public notice to be posted at the
location where the business or entertainment is to be conducted. All notices provided for in this
section shall be in the form and manner as prescribed by the City Manager. The applicant shall
bear all costs and expenses in mailing, printing, and posting such notices and shall pay such
costs to the city prior to the time set for public hearing on the pending application. Failure to pay
such costs by the applicant shall be grounds to deny his application.
5.12.070 - Action at hearing.
At the time and place set for public hearing as to any application, and as may be continued from
day to day, the Planning Commission shall hear and determine all the facts and evidence
relevant to the application. At the conclusion of the hearing before the Planning Commission,
the Planning Commission shall grant, conditionally grant, or deny the application, which decision
shall be final unless appealed in accordance with the provisions of Section 17.02.080B of the
Rancho Cucamonga Municipal Code. Such decision shall be set forth in a resolution which shall
be adopted within thirty days after such decision is rendered.
5.12.080 - Denial of application.
•. The Planning Commission ma y deny an application for an Entertainment Permit if it makes any
of the following findings:
El1
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CITY COUNCIL ORDINANCE NO.
DRC2010-00141
, 2011
Page 2
A. The conduct of the establishment or the granting of the application would be contrary to
the public health, safety, morals or welfare; or
B. The premises or establishment is likely to be operated in an illegal, improper or
disorderly manner; or
C. That granting the application would create a public nuisance; or
D. That the normal operation of the premises would interfere with the peace and quiet of
any surrounding residential neighborhood; or
E. The applicant has made any false, misleading, or fraudulent statement of material fact in
the required application.
5.12.090 - Conditions imposed on permit.
After the public hearing as to any application, the Planning Commission in granting any permit
may also impose such reasonable conditions as to the use or extent of such permit as it deems
appropriate.
5.12.100 — Suspension, modification, or revocation of permit.
•
A. After notice and hearing, the Planning Commission may suspend, modify, or revoke any
permit granted pursuant to this chapter if said commission makes any of the following findings:
1. The applicant made a false, misleading, or fraudulent statement of material fact
in the application for permit, or any report or record required to be filed pursuant to this chapter
or conditions imposed on the approval of the permit; or
2. The premises are being operated in violation of any provision of this chapter, or
of any statute, ordinance, or condition relating to or in conjunction with the permitted
entertainment; or
3. The premises are being operated in a manner contrary to the peace, health,
safety, and general welfare of the public.
B. The decision of the Planning Commission shall be set forth in a resolution which shall be
adopted within thirty days of the date of such decision and shall be final unless appealed in
accordance with the provisions of Section 17.02.080B of the Rancho Cucamonga Municipal
Code.
5.12.110 - Fees.
The fee for an Entertainment Permit shall be set by Council resolution in accordance with
Section 1.16.010 of the Rancho Cucamonga Municipal Code and shall be revised periodically to •
reflect the changes in the cost of processing and investigation. Such permit shall be in addition •
to any business license fee as may be required by the Business License law of the City.
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CITY COUNCIL ORDINANCE NO.
DRC2010-00141
2011
•
Page 2
•
•
5.12.115 - Annual renewal.
Entertainment permits require submission of an annual renewal statement and fee, due on or
before January 1 of each and every year. A written request for one (1) thirty day (30) extension
may be submitted and is subject to approval of the City Manager, or his designee. The applicant
for every renewal of an Entertainment Permit shall submit to the City Manager, or his designee,
a written statement setting forth such information concerning the applicant's business during the
preceding year as may be required by the City Manager to enable him to ascertain whether the
information listed on their original Entertainment Permit application has changed in the past
•
year. The City Manager, or his designee, shall review the information and determine if a
modification to the Entertainment Permit is warranted. The Planning Commission shall review
any such modification pursuant to the provisions of this Chapter.
5.12.120—Transfer of Permit.
A. An Entertainment Permit issued pursuant to this chapter may be transferred or assigned
to another person or business entity at the same physical location, provided there is no
intensification of the originally approved entertainment use. Any request for transfer of an
Entertainment Permit due to change in ownership shall be submitted in writing.
• B. An Entertainment Permit issued pursuant to this chapter shall not be transferred or
assigned to another location for any purpose. Any change in location shall require a new
permit. The following shall be deemed a change of location:
1. Any relocation or expansion that includes a separate piece of property or parcel
of land; or
2. Any expansion of the initially permitted premises which represents a greater than
fifty percent increase in the square footage of space devoted to public access or occupancy.
5.12.130— Nullification of permit.
• An Entertainment Permit shall become null and void if the business for which it was issued
ceases at anytime to operate for a continuous period of 180 days or more.
5.12.140 - Chapter to govern.
•
All provisions of this title which are inconsistent with or contrary to the provisions of this chapter
are repealed to the extent such provisions are inconsistent with or contrary to the provisions of
this Chapter.
5.12.150 - Prohibition and penalties.
A. It is unlawful for any person, firm, partnership or corporation to violate any provision or to
• fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or
corporation violating any provision of this chapter or failing to comply with any of its
•
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CITY COUNCIL ORDINANCE NO.
DRC2010-00141
, 2011
Page 2
•
requirements shall be deemed guilty of an infraction and upon conviction thereof shall be
punishable as follows:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same
ordinance within one year;
3. A fine not exceeding five hundred dollars for each additional violation of the same
ordinance within one year.
B. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate
offense for each and every day or any portion thereof during which any violation of any of the
provisions of this chapter is committed, continued or permitted by such person, firm,
partnership, or corporation and shall be deemed punishable therefore as provided in this
chapter. -
C. The provisions of this chapter shall not be construed as permitting conduct not
prescribed herein and shall not affect the enforceability of any other applicable provisions of law.
5.12.160 - Civil remedies available.
A violation of any of the provisions of this chapter shall constitute a nuisance and may be •
abated by the City through civil process by means of restraining order, preliminary or permanent
injunction or in any other manner provided by law for the abatement of such nuisance.
•
•
• E-14
Rancho Cucamonga Development Code Section 17.10.030
• Use OP NC GC
48. Nurseries and garden supply stores; provided, in
the NC district, all equipment, supplies and material P P
are kept within an enclosed area, and provided that
fertilizer is stored in packaged form only.
49. Office and business machine stores. P P P
50. Office supply stores. P - P
51. Parking facilities (commercial)where fees are P P
charged.
52. Pawn shops. - - C .
53. Pet shop. - P P
54. Political or philanthropic headquarters. P P P
55. Plumbing shop and supplies. - - P
56. Photocopy. P P P
5 or - - ' P
1 59. Restaurants (other than fast food).
a. With entertainmrt c vmm ee t and/ornt and/and/or cocktail lounge
and/or bar. C C C
b. Incidental serving of beer and wine but
• without a cocktail lounge or bar, P P P
entectainifienir, of-daneing.
60. o i. r. P P
61. Second-hand store. - C C
62. Shopping Center subject to provisions in Section C C
17.10.030-F.4.
63. Spiritualist readings or astrology forecasting. - - P
64. Sporting goods stores. - P P
65. Stamp and coin shops. - P P
66. Swimming pool supplies. - P P
67. Tailor. - P P
68. Taxidermists. - - P
69. Thrift store. - C C
70. Toy stores. - P P
71. Travel agencies. P P P
72. Transportation facilities (train and bus, taxi depots). C C C
• 73. Truck and trailer rental, sales and service. - - C
17.10-5 10/08
EXHIBIT A E-15
Rancho Cucamonga Development Code Section 17.30.030
• Table 17.30.030 Continued - Use Regulations for Industrial Districts
USE TYPES LAND USE IP GI GI GI GI GI IP IP GI MI/HI GI GI IP Cl GI HI IP IP MU/OS
SUBAREAS HO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
r:: • ;:1: COMMERCIAL`
,
Adult Entertainment AA A A A A A A A A
Agricultural/Nursery Supplies&Services P P P P P P P P
Animal Care _ C C C _ C C C C C
Automotive Fleet Storage C C C C P C C P
Automotive Fueling Services C . _
Automotive Rental P P P P P P P P P
Automotive/Light Truck Repair-Minor P P P P P P P P P -
Automotive/Truck Repair-Major P C P P P P C C C .•
Automotive Sales and Leasing C C C c -,. .
Automotive Service Court P P P P C P P P P "Z., ;
Automotive Service Station C C C C C C C C C C C C J`
Building Contractor's Office&Yards P P P P P P P P P P P 0. .
Building Contractor's Storage Yard P P " U
Building Maintenance Services P PP P P P P P P P P P `IE
Building &Light Equipment Supplies&Sales P C P C C P P C P C C P :;i1.1.1:.
Business Supply Retail&Services P' P PP P P P P P P P P P .''';d -.l
Business Support Services P' P C P P C P P P C P P P P P P ` fn:'l
Communication Services P P P P P P P P P P P P P P P P 3;•r`.
Convenience Sales&Services C' C C P P C C C C C C Q 6'
Crematory Services C ':.Tti:,
Entertainment C C C C C C C C
Extensive Impact Commercial C C C C D -
st Food Sales C' c C C C c c C 0; :
financial, Insurance&Real Estate Services P P PP P P P C P C C P P .I—,",.
Food&Beverage Sales C* C CC . C C C C C C
Heavy Equipment Sales&Rentals C C C C C P C C C C P
Hotel/Motel P P P P C
Indoor Wholesale/Retail Commercial C C C C C C C
Laundry Services P P P P P P P P '', -'
Medical/Health Care Services P P PP P P P P P P P P
Personal Services C* C P P P P P C P P P
Petroleum Products Storage C C C C C C
Recreation Facilities C C C C C C C P C C P P P
'epa P P C P P P P P P P P C
Resta iR,nts P P P P P P P P
Restaurants with Bar er€ntertainreenM I C C C C C C C
Specialty Building Supplies&Home Improvement P P C
arehouse-Style Retail Merchandising" C .,
'OT -.
IP - Industrial Park P - Permitted Use
HO - Haven Avenue Overlay District C - Conditionally Permitted Use
GI - General Industrial ❑ - Non-Marked uses not permitted
MI/HI - Minimum Impact Heavy Industrial A - Adult Entertainment Zoning Permit Required
HI - Heavy Industrial MU/OS - Mixed Use/Open Space
- Ancillary uses limited to 20 percent of the P* - Permitted with Master Plan approval for 35
Floor area per Section 17.30.080.5.b. acres minimum
" - Refer to Subarea 12 Special Considerations
. for additional restrictions
17.30-8 3/10
EXHIBIT B E,16
Rancho Cucamonga Development Code Section 17.32.030
• Table 17.32.030- Use Regulations for Foothill Boulevard Districts
Summary Table of Permitted (P) and Conditionally Permitted (C) Uses
RETAIL COMMERCIAL USES Subarea One Subarea Two Subarea Three - Subarea Four
MU' 0 MR P SC CC 0 MR MHR SC CC CO LAM MR U MU C RRC MR LI' O
Antique Shops P P P P P P1 P P
Apparel:
a) Boutiques P P P P P P P P
b) General P P P P P P P
Appliance Stores and Repair P P P P P
Art, Music, Photographic Studios and P P P P P P P P P4 C
Supply Stores
Auto Service Station C C C C C C C C C
Auto Service(including trailers,
motorcycles, boats,campers):
a) Sales(with ancillary repair P P P P C
facilities)
b) Rentals P P P P
c) Minor Repair(does not include
major engine work,muffler
shops, painting,body work, C C C
upholstery,etc.) •
d) Coin-op Washing C C C
e) Automatic Washing C C C C
f) Parts and Supplies P P P P
Bakeries(retail only) P P P P P P P P P P
'Farber and Beauty Shops P P P P P P P P P P P4 P
ed and Breakfast C C C C C C C C C
Bicycle Shops P P P P P P P°
Blueprint and Photocopy Services P P P P P P P P p
Book,Gift and Stationery Stores P P P P P P P P P P P C
(other than adult related material)
Candy and Confectioneries P P P P P P P P P4
Catering Establishments P P P P P P P P
China and Glassware Stores P P P P P P P4
Christmas Tree/Pumpkin Sales Lots P P P
(operating on a temporary basis)
Chu e C C C C C C C C C C C C C C C C
ani and Press P P P P P P P P P P C
stablishments
Cocktail Lounge(bar,lounge,tavern) C r C C C C C C C C C
ifaetading-related-e-ntertainraent
•mmercial Recreational: .
- rdo• uses suc as bowline and P P P P P P P P P P
billiar•
b) Outdoor uses such as tennis and C C C C C C C C C
basketball
Convalescent Facilities& Hospitals P P P P P P P P P P P P P
Curtain and Drapery Shops P P P P P P P
Day Care Centers C C C C C C C C C C C C C C
1 Refer to Subarea 4 Section 17.32.080.F.7.b(footnote 2).
2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30.
3 Subject to Master Plan requirements pursuant to 17.32.030.0,
4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of
at least 15,000 square feet per site or project.This provision is intended to facilitate the development of large, regionally related uses. Regionally
Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw
customers primarily from the neighborhood or community level.
5 Public Storage may be located in the RRC district only within an enclosed building. No outdoor storage is permitted. The public storage use may
occupy a portion of an existing retail building provided the building is at least 50,000 square feet,the public storage use does not occupy the first .
• 100 foot depth of storefront leasable area,and the public storage use does not occupy more than 50 percent of the ground floor of the building.
17.32-11 4/09
EXHIBIT C E_17
Rancho Cucamonga Development Code Section 17.32,030
RETAIL COMMERCIAL USES Subarea One Subarea Two _Subarea Three Subarea Four
MU3 O I MR P SC CC 0 MR IMHR SC CC CO ILMR MR U MU C RRC MR LIe I 0
•ublic and Private Clubs and Lodges,
including YMCA,YWCA,and similar C
Youth Gro = -
cord - •d Tape • - P P P P P P P P
Recreational Vehicl- Storage - • C
Restaurants(sit down):
a) with ent... aic.meat-and/or cocktail
,,// lounge and/or bar C C C C C C C C C C
b) incidental serving of beer and
wine(without a cocktail lounge or P P P P P P P P P P P P
bar-entertainment-or dancing)
c) café,limited to 20 seats(including
outdoor seating) P P P P P P P P P P P P
• F- •od:W • •riv-- • C C C C C C
Without drive-thru P P P P P P P P
Shoe Stores and Repair Shops P P P P P P P P P
Specialty Retail P P P P P P'
Sporting Goods Stores:
a) Specialty; Backpacking,Tennis,
Skiing, Mountaineering, Fishing, P .• P P P P P P P
etc.
b) General;encompassing a variety P P P P P
of sports equipment
Supermarkets P P P P P
Swimming Pool Services and Supplies P P P P P
Tailor Shops P P P P P . P P
Toy Stores P P P P P P P
Variety Department Stores,Junior C C P C P P; P
Department Stores
Veterinary(domestic):
0 Non-boarding P C P C P P P P C
Boarding C C C C C C
atch and Clock Repair Stores P P P P P P P P P'
Yardage Goods Stores P P P P P
ENTERTAINMENT AND CULTURAL Subarea One Subarea Two Subarea Three Subarea Four
USES
MU3 0 MR P SC CC 0 MR MHR SC CC CO LMR MRS U MU CCIRRC MR LI` 0
Arcades C C C C C C C
Cultural Artist Exhibits:
a) Indoor Gallery and Art Sales P C P P C P P
b) Outdoor Art Exhibits P C P C P C C
Discotheques C C C C C C C
Theaters:
a) Dinner Theater P P P P C P
B) Movie Theater including Multiplex P P P P
1 Refer to Subarea 4 Section 17.32.080.F.7.b(footnote 2).
2 All industrial uses and development standards shall be as provided in Subarea 7 of Chapter 17.30.
3 Subject to Master Plan requirements pursuant to 17.32.030.D. •
4 Commercial/Office uses may be located in the RRC district only with the concurrent development of one major regionally related anchor business of
at least 15,000 square feet per site or project.This provision is intended to facilitate the development of large,regionally related uses. Regionally
Related Commercial uses are typified by large scale businesses which serve a market area significantly larger than those businesses which draw
customers primarily from the neighborhood or community level.
5 Public Storage may be located in the RRC district only within an enclosed building. No outdoor storage is permitted. The public storage use may
• occupy a portion of an existing retail building provided the building is at least 50,000 square feet, the public storage use does not occupy the first
100 foot depth of storefront leasable area,and the public storage use does not occupy more than 50 percent of the ground floor of the building.
4/09,
EXHIBIT D 17.32-13
E-18