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HomeMy WebLinkAbout2012/12/12 - Agenda Packet - HPC / PC 63-0-4±/4.461-0 • � THE CITY OF RANCHO CUCAMONGA Is A, . ... THE REGULAR MEETINGS OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION DECEMBER 12, 2012 - 7:00PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California II. CALL TO ORDER I • Pledge of Allegiance Roll Call Chairman Howdyshell _ Vice Chairman Fletcher Munoz_ Wimberly_ Oaxaca III. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or the Planning Commission on items listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION Approval of minutes dated November 28, 2012 • I IV. CONSENT CALENDAR/PLANNING COMMISSION Approval of minutes dated November 28, 2012 HISTORIC PRESERVATION COMMISSION sa • uttor AND PLANNING COMMISSION AGENDA 14.0_1 DECEMBER 12, 2012 CRANCHO UCAMONGA Page 2 V. DIRECTOR'S REPORTS/ HISTORIC PRESERVATION COMMISSION A. UPDATE ON THE CHINATOWN HOUSE, LOCATED AT 9591 SAN BERNARDINO ROAD VI. PUBLIC HEARINGS/PLANNING COMMISSION 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. B. TENTATIVE PARCEL MAP SUBTPM19397 - CALDWELL LAND SURVEYS FOR BC! • COCA-COLA BOTTLING CO - A request to subdivide an existing parcel of approximately 25.12 acres into three parcels within the General Industrial District and the Industrial Park District located at the northwest corner of Utica Avenue and 6th Street - APN: 209-411-33. This action is categorically exempt per the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Section 15315, minor land divisions. C. CONDITIONAL USE PERMIT DRC2012-00932- ELIAS ALFATA FOR GABRIEL MITRI - A request to operate a used car sales office of 284 square feet and vehicle display area of about 3,800 square feet at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of an automotive repair (Building A) and body shop (Building B)with a combined floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue; APN: 0207-222-05. Related files: Site Development Review DRC2012-00933 and Variance DRC2012-01123. D. SITE DEVELOPMENT REVIEW DRC2012-00933 - ELIAS ALFATA FOR GABRIEL MITRI - A request to modify the parking lot in conjunction with a proposed used car sales office and vehicle display area at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of an automotive repair (Building A) and body shop (Building B)with a combined floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue; APN: 0207-222-05. Related files: Conditional Use Permit DRC2012-00933 and Variance DRC2012-01123. • • a HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA . RANCHO DECEMBER 12, 2012 CUCAMONGA Page 3 E. VARIANCE DRC2012-01123 - ELIAS ALFATA FOR GABRIEL MITRI - A request to allow a reduction in the average landscape depth along Arrow Route and Grove Avenue in conjunction with a request to operate a used car sales office of 284 square feet and vehicle display area of about 3,800 square feet at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of an automotive repair(Building A) and body shop (Building B) with a combined floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue; APN: 0207-222-05. Related files: Site Development Review DRC2012-00933 and Variance DRC2012-01123. VII. COMMISSION CONCERNS/IIISTORIC PRESERVATION AND PLANNING'COMMISSION • • I VIII. ADJOURNMENT I 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 December 6, 2012, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. gliIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak,given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. • The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. arm HISTORIC PRESERVATION COMMISSION • UV AND PLANNING COMMISSION AGENDA RANCHO DECEMBER 12, 2012 CUCAMONGA Page 4 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. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. 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$2,265 for maps and $2,379 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 www.CityofRC.us • Vicinity Map • Historic Preservation and Planning Commission Meeting December 12, 2012 C, D, and E A B - -' r_ I CI C C 'p R C Y ,I R R 3 N C 0 I 1 o. z E L G A U I 1 R : d C.) � x R /� • ,�•�__� A „ 15 • mu . _ ._I�,.�..r ea A 41101 ilbzse r IN 19th St i Lr. ini INIIIII Pr Base Line ,- Line Atli! allillitla� , Church intraars_a�/� � i Foothill 'oothill i r. d x t*,�/ i R Arrow co c e Arrow �` 3 j 8th > , IY w i 2 co co 0 6th i • THE CITY OF RANCHO CUCAMONGA MINUTES OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION • AND THE PLANNING COMMISSION NOVEMBER 28, 2012 - 7:00PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER •. Pledge of Allegiance 7:00PM Roll Call Chairman Howdyshell X Vice Chairman Fletcher X Munoz X Wimberly X Oaxaca X Additional Staff in attendance: Linda Daniels, Assistant City Manager II. PUBLIC COMMUNICATIONS No public comments were made. III. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION Approval of minutes dated October 10, 2012 Minutes approved 4-0-1 (Munoz abstain) IIV. CONSENT CALENDAR/PLANNING COMMISSION • Approval of minutes dated October 10. 2012 Minutes approved 4-0-1 (Munoz abstain) atrce HISTORIC PRESERVATION COMMISSION • Lb AND PLANNING COMMISSION MINUTES RANG„o NOVEMBER 28, 2012 CUCAMONGA Page 2 A. VACATION V-220 — LVD RANCHO CUCAMONGA, LLC —A request to vacate the blanket drainage easement over Lots 56, 57, 58 and 59 of Tract Map 16776, generally located at the northeast corner of Base Line Road and Forester Place —APN 227-693-56, 57, 58 and 59 Related File: DRC2012-00740. Motion: Moved by, seconded by, to adopt the Consent Calendar as presented Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE ABSTAIN: NONE carried 5-0 V. PUBLIC HEARINGS/PLANNING-COMMISSION B. DEVELOPMENT CODE AMENDMENT DRC2012-01056 AND ADDENDUM TO THE . GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH • #2000061027) - CITY OF RANCHO CUCAMONGA - A supplemental update to the Development Code Update (DRC2010-00571) to amend Article II (Land Use and Development Procedures), Article III (Zoning Districts, Allowed Uses and Development Standards), Article IV (Site Development Provisions) and Article V (Specific Use Requirements) of Title 17 (Development Code) as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). This action will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner presented the staff report and a PowerPoint presentation (copy on file). In response to Vice Chairman Fletcher, Ms. Nakamura said some of the residential systems are now under $700 and within reach of more people. She said the technology is ever changing and staff is trying to stay ahead of those trends. She said it would not make sense to ask for screening of the units but the aesthetic compromise is to limit the height similar to chimneys. In response to Chairman Howdyshell, the roofline is the same for single and two-story homes at 35 feet; by Code they cannot go over 15 feet above the roofline. She added some requests have come in but like satellite dishes, the size may decrease over time. She said the General Plan supports the encouragement of the idea of alternative energy sources. Commissioner Oaxaca, asked with respect to the requirement for these systems to be connected to the electrical provider, if a property owner could use the system to simply recharge a battery or store the power. Ms Nakamura said staff would have to look into this. She said the use is limited to start with allowing these in the Very Low Residential and Medium High and High Residential Districts. In response to Chairman Howdyshell's comment about the Route 66 Community Garden, Ms. Nakamura noted Community Gardens are permitted by right in that location and staff will keep the • Commission apprised on how that develops. She said staff is looking at infrastructure needs for these gardens, such as water, right now. 4 I • HISTORIC PRESERVATION COMMISSION bAND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 28, 2012 ,RANCHO Page 3 Chairman Howdyshell opened the public hearing. Seeing and hearing no comment, she closed the public hearing. She said it was a great report. Motion: Moved by Oaxaca, seconded by Wimberly, to recommend approval of the Development Code Amendment and adoption of the addendum to the General Plan Final Program Environmental Impact Report to be forwarded to the City Council for final action. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE ABSTAIN: NONE carried 5-0 x + x x C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/ DESIGN REVIEW - DRC2012- 00726 - HOMECOMING V AT TERRA VISTA, LLC -Site plan and architectural review of a • 306 unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District(14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan-APN: 0227-151- 49 and 50. Related Cases: Tentative Tract Map SUBTT18856, General Plan Amendment DRC2012-00727 and Minor Exception DRC2012-00759, Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. CONTINUANCE REQUEST TO THE MEETING OF DECEMBER 12, 2012. D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18856 - HOMECOMING V AT TERRA VISTA, LLC-A request to subdivide the 19.25 acre project site for condominium purposes for the development of a 306 unit rental condominium development located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre) of the Terra Vista Community Plan - APN: 0227-151-49 and 50. Related Cases: Development/Design Review DRC2012-00726, General Plan Amendment DRC2012-00727 and Minor Exception DRC2012-00759. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. CONTINUANCE REQUEST TO THE MEETING OF DECEMBER 12, 2012. E. ENVIRONMENTAL ASSESSENT AND GENERAL PLAN AMENDMENT DRC2012-00727 - HOMECOMING V AT TERRA VISTA, LLC - A request to change the land use designation from Mixed-Use to Medium High Residential for 19.25 acres located on the side of Church Street between Mayten Avenue and Malaga Drive within the Terra Vista Community Plan - • APN: 0227-151-49 and 50. Staff has prepared a Mitigated Negative Declaration of the environmental impacts for consideration. CONTINUANCE REQUEST TO THE MEETING OF DECEMBER 12, 2012. i� HISTORIC PRESERVATION COMMISSION S 14.400-1 AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 28, 2012 CUCAMONGA Page 4 F. MINOR EXCEPTION - DRC2012-00759 - HOMECOMING AT TERRA VISTA, LLC - A request to increase the permitted wall heights from 6 to 8 feet related to the development of a 306 unit rental condominium development on 19.25 acres located on the south side of Church Street between Mayten Avenue and Malaga Drive within the Medium High Development District (14-24 Dwelling Units Per Acre)of the Terra Vista Community Plan-APN: 0227-151- 49 and 50. CONTINUANCE REQUEST TO THE MEETING OF DECEMBER 12, 2012. Chairman Howdyshell asked if anyone in the audience wanted to comment on the project. No one responded. Commissioner Wimberly said he had some questions about information he recently received from staff. He said some requests were made of the applicants for building articulation and his questions center around what was requested from staff and what was subsequently received from the applicants. Candyce Burnett, Senior Planner said the Commissioners received a link to what is proposed and the continuance request is to allow time for the applicant to address those changes. • Commissioner Munoz asked why the rush. He said that it is clear that from the report and what is occurring here is that it is not ready for the Commission. He recommended the applicants go back to the DRC and resolve the issues. He said it is not for the Commission to resolve in public or push onto staff to resolve. He noted that this is not one minor issue; there are a number of architectural and design changes that were requested by the DRC and they have not been completed. Vice Chairman Fletcher said the Commission could wait to discuss this when they get the report for the December 12th meeting and then if the Commission still feels it appropriate, it could be sent back to the DRC at that time. Chairman Howdyshell said she was confused; she did not find it clear. She said she would like to see these items addressed. Steven Flower,Assistant City Attorney clarified that the Commission could choose to table the item, or schedule the hearing for a later date. He said the next DRC is on December 18th, it is at the Commission's discretion as to how to proceed. Ms. Burnett said it sounds like the applicants are willing to make changes. Chairman Howdyshell said the Commission needs a more 'crisp' application. Commissioner Oaxaca said there was extensive conversation at the DRC meeting regarding these items. He said he would like the full Commission to be comfortable. He said it appears there is a gap in understanding. Motion: Moved by Munoz, seconded by Wimberly, to remand items C, D, E and F to the Design Review Committee and to continue the project to a non-specified date. The project will be re- • advertised when a new hearing date before the Commission is determined. Motion carried by the following vote: • J HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES 14.0-1 RANCHO NOVEMBER 28, 2012 CUCAMONGA Page 5 AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE ABSTAIN: NONE carried 5-0 G. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2012-00191 -WLC ARCHITECTS FOR ABUNDANT LIVING FAMILY CHURCH - A request to construct an 18,225 square foot classroom building at an existing church facility with a floor area of approximately 200,000 square feet on a property of about 33.5 acres in the Industrial Park (IP) District located between Red Oak and White Oak Avenues, north of Civic Center Drive, APN: 0208-354-01 and -04. Related file: Conditional Use Permit DRC2004-01244M. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. H. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2004-01244M- • WLC ARCHITECTS FOR ABUNDANT LIVING FAMILY CHURCH - A request to modify an existing Conditional Use Permit for Abundant Living Family Church to construct a new building of 18,225 square feet increasing the floor area of the church's facilities from approximately 200,000 square feet to approximately 218,225 square feet for classrooms on a property of about 33.5 acres in the Industrial Park (IP) District located between Red Oak and White Oak Avenues, north of Civic Center Drive, APN: 0208-354-01 and-04. Related file: Development Review DRC2012-00191. Staff has prepared a Mitigated .Negative Declaration of environmental impacts for consideration. Mike Smith, Associate Planner, presented the staff report and a PowerPoint presentation (copy on file). He said placed before the Commission is a letter from James Banks, Jr, of OTECA, representing the owners of 14 office buildings, 1 vacant lot and common area which is located directly across the street to the west of the church campus. The letter maintains that the church has a severe parking problem in that overflow parking is occurring on the adjoining properties(copy on file). In response to Chairman Howdyshell and Commissioner Munoz, Mr. Smith confirmed that no parking is being removed to build the building and that the new Development Code has now made their parking non-conforming; they now have a deficit parking situation. Steven Flower, Assistant City Attorney confirmed that there would not be any change in the school population. Mr. Smith said that is correct and that the building is not for the school use. Chairman Howdyshell opened the public hearing. • Jim DiCamello of WLC Architects said the project is not part of the school; it is only for children's Sunday bible class. He noted the demographics have changed since their facility was constructed and they have had a baby boom. He said staff has been great to work with. He said this building 1. HISTORIC PRESERVATION COMMISSION e atiTvistass I AND PLANNING COMMISSION MINUTES Pto NOVEMBER 28, 2012 CUCAMONGA Page 6 does not consume any parking nor are they adding any staff-just elbow room for the kids. Commissioner Munoz confirmed that this will not be for regular weekday classrooms. He mentioned that he thought he read something in the report regarding a chemistry lab. He asked Mr. DiCarmello to comment on the letter received from Mr. Banks. Mr. DiCarmello confirmed this building will have no impact on parking. He maintained that the parking issue is separate from this application but he will bring it to the Pastor's attention. He said he would encourage them to take care of the parking issues with the adjacent property owners. Vice Chairman Fletcher speculated that as the church grows, they will need more parking. Mr. DiCarmello said they are pretty full and the sanctuary can not hold more people in there. Chairman Howdyshell said that when they have special events, parking is a problem. Steven Flower, Assistant City Attorney noted that any expansion of the sanctuary would require a • review of the parking. Chairman Howdyshell closed the public hearing. Candyce Burnett, Senior Planner noted that the reference about a chemistry lab is found in the Environmental Study in the Hazards section. She said it had to be addressed because of the school use, but asserted that is not connected with this application. Vice Chairman Fletcher noted the building, use, and architecture are all consistent with the existing facility. Motion: Moved by Wimberly, seconded by Oaxaca, to adopt the Resolutions of Approval for Development Review DRC2012-00191 and Conditional Use Permit DRC2001-01244M. Motion I carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE ABSTAIN: NONE carried 5-0 • VI. COMMISSION CONCERNS/HISTORIC PRESERVATION AND PLANNING COMMISSION Commissioner Munoz reported that the League of California Cities will be conducting a Planning • Commissioners' Academy in Pasadena February 27 - March 1, 2013 and he encouraged the Commission to attend. He asked staff for their recommendation towards providing funding for r • KT: HISTORIC PRESERVATION COMMISSION Ls �� AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 28, 2012 CUCAMONGA Page 7 training for the Commission. Commissioner Oaxaca said he offended the Etiwanda Historical Society Street Fair. He said it was good to see the continued upkeep and maintenance taking place on the buildings and that the Isle House was revealed complete with period furnishings. He offered kudos to the Society and staff. He said he learned a lot. Vice Chairman Fletcher enjoyed the tour of the Nongshim noodle factory and said it was interesting to go out and look at a major project that was approved by the Commission. Commissioner Munoz agreed that it was a good event that allowed the Commission to see the results of decisions made by the Commission. He said it was great to see "Made in the USA, Rancho Cucamonga"on their packaging. Chairman Howdyshell agreed that it was a great tour and noted that she is pleased to see that this company wants to be a good corporate citizen-this was an opportunity for them to showcase what they do in the community. • Candyce Burnett, Senior Planner updated the Commission on the status of the Chinatown House. She said once the building was determined unsafe, staff worked with CVWD to determine appropriate mitigations for the loss of the resource. They prepared a summary, presented it to their Board who then authorized$32,000 to cover costs for documentation, evaluation (HABS/HAER), saving block/materials for a future use, and to build a monument to recognize the historical site and the contribution of the laborers who helped build the water system. She said the next step is to red tag it and send a letter to CVWD. They then have 30-60 days to remedy the property or demolition will occur. Following this, we expect that it will be demolished. Vice Chairman Fletcher asked if CVWD has indicated any future uses for the site. He asked that copies of all the documentation be forwarded to all the various historical groups. Ms. Burnett indicated no uses as yet have been identified and she assured the Commission that the various historical groups will be fully apprised of the status of the building. VII. • ADJOURNMENT ' The Commission adjourned at 8:03PM • J STAFF REPORT - ~~ • PLANNING DEPARTMENT - rivb RANCHO Date: December 12, 2012 C,UCAMONGA To: Chairman and Members of the Historic Preservation Commission From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Mayuko Nakajima, Assistant Planner - Subject: CHINATOWN HOUSE, LOCATED AT 9591 SAN BERNARDINO ROAD • RECOMMENDATION: Staff recommends that the Historic Preservation Commission receive the staff report and file for future reference. BACKGROUND: Staff gave an oral update at the November 28, 2012 Planning Commission meeting. A memorandum was sent to City Council regarding the unsafe' condition on December 3, 2012 (Attachment A). UPDATE: Staff has been notified that the Building Official intends to red-tag the structure Thursday, December 6. Following the red-tag, the City will send a letter to Cucamonga Valley Water District (CVWD) notifying them that the Chinatown House has been officially "Red Tagged," or deemed unsafe for occupancy by the Building Official. At that juncture, the property owner has 30-60 days to remediate the dangerous (Red Tag) condition, which in this case, will be demolition. Staff will not release the Demolition Permit until the requirement for the HABS/HAER • documentation of the structure has been satisfied. Members of historic preservation groups have also been notified of the status with a courtesy notice. • NEXT STEPS: Staff will continue to work with CVWD step by step, to ensure that the demolition of the Chinatown House will be appropriately mitigated as noted in the attached Memorandum. Respectfully submitted, 4(1, Jeffre5 Y A. Bloom Deputy City Manager/Economic and Community Development JB:MN/Is Attachment A— Memorandum to City Council dated December 3, 2012 C: Trang Huynh, Building and Safety Official • Item A i • • MEMORANDUM Q.;\ PLANNING DEPARTMENT L� RANCHO Date: December 3, 2012 CUCAMONGA To: Mayor and City Councilmembers John R. Gillison, City Manager Linda Daniels, Assistant City Manager From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Mayuko Nakajima, Assistant Planner Subject: UNSAFE CONDITION OF THE CHINATOWN HOUSE (HISTORICALLY DESIGNATED PROPERTY) LOCATED AT 9591 SAN BERNARDINO ROAD BACKGROUND: The Chinatown House is a historically designated property (Local Landmark) owned by the Cucamonga Valley Water District (CVWD). The structure is constructed of unreinforced hollow clay tile walls and lime mortar with a partial wood roof and has been in poor condition since the early 1990s. Over the past 15-20 years, CVWD efforts in trying to donate the structure have been unsuccessful due to the extensive work needed to bring the structure up to Code. Furthermore, with the elimination of the Redevelopment.Agency, the City is unable to acquire the property or restore the structure. • There are substantial cracks in all elevations of the structure causing interior and exterior wall failure based on a Building Survey Report (dated October 1, 2010) prepared for the site. Because . of its current condition, CVWD is requesting to demolish the structure. City staff reviewed the Building Survey Report and evaluated the condition of the property through a field inspection. City staff concurs that the structure is a "public hazard/nuisance" and that it should be demolished immediately. Since it is a historically designated landmark, CVWD has been working with staff to discuss the appropriate mitigation measures that would satisfy the City and the community for the loss of the resource. At a CVWD Board meeting on October 9, 2012, the Board authorized $32,000 for the project to provide funding for appropriate mitigation measures for the demolition of the Chinatown House, which includes: 1. Completion of necessary documentation on the structure which includes a Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER). HABS/HAER usually consists of measured drawings, photographs, and written data that provide a detailed record which reflects a property's significance. Documentation is often the last means of preservation of a property. When and if a property is to be demolished, the documentation provides future researchers access to valuable information that otherwise would be lost. 2. Construction of a monument on the corner of the site commemorating the Chinese laborers, utilizing the brick materials salvaged from the structure. 3. During the demolition process, CVWD will set aside at minimum three pallets of salvageable materials on-site for incorporation into a future development project.. • ATTACHMENT A A-2 UNSAFE CONDITION OF THE CHINATOWN HOUSE (HISTORICALLY DESIGNATED PROPERTY) LOCATED AT 9591 SAN BERNARDINO ROAD December 3, 2012 • Page 2 . CVWD has forwarded to staff a letter indicating that they will comply with these requirements after the Building Official red-tags the structure (See Attachment A). NEXT STEPS: The City will send a letter to CVWD notifying them that the Chinatown House has been officially "red tagged," or unsafe for occupancy by the Building Official. Once a structure is red-tagged, the property owner has 30-60 days to remediate the dangerous (red tag) condition, which in this case, will be demolition. Staff will not release the demolition permit until the requirement for the HABS/HAER documentation of the structure has been satisfied. Staff will continue to work with CVWD to ensure that the demolition of the Chinatown House will be appropriately mitigated. JAB/MN/Is Attachment A— Letter from CVWD dated October 1, 2012 C:. Trang Huynh, Building Official • • • A-3 1' A3/4„ Cucamonga Valley CUCANfONGA VALLEY WATER DISTRICT • Water District 10440 Ashford Sneer Rancho Cucamonga, CA 91 73 0-2 799 (909) 987-2591 Far(909)476-8032 MARTIN E.ZVIRBULIS Secretary,General MmugeM;ECI Date: October 1,2012 Candyce Burnett City of Rancho Cucamonga 10500 Civic Center Drive - Rancho Cucamonga, CA 91730 Re: Chinatown House mitigation • Dear Candyce, With the City's assessment that the Chinatown House is public hazard/nuisance and eminent plans to red-tag the building, the Cucamonga Valley Water District has been working very closely with the City on determining the appropriate measures required to properly document the historic nature of the Chinatown House prior to its demolition. The District has received the enclosed recommendation for preservation/recordation of the Chinatown House from CRM Tech which include the following: 1. I-Iistoric American Buildings Survey (HAGS) like recordation including: a. Detailed architectural description, • b. Scaled plan drawing(s), • c. Photographic recordation, and d. Compilation of the history of the property. 2. The Construction of a commemorative displays to be placed on the premises Contingent on the District's Board of Directors approval, the District will perform the work as outlined in CRM Tech's recommendation and have already received quotes on the cost for the scope listed above. In addition, the District has received quotes on the demolition of the building, including setting aside bricks for possible use in a future development. The District's Engineering and Finance Committees have both reviewed and forward to the full Board of Directors for approval. The District is prepared to move forward with this project but we are waiting on the red-tag before creating the project Sincerely, • Braden Yu, PE Senior Engineer Enclosed ATTACHMENT A 41-E2 HENRY Li.Di:HANK"STOY JAMES VD.irector CURATALO,JR. RANDALL Director J.REED u ecor tilt inn, C.1( • 14-4 N. l CRM TECH • 1016 E. Cooley Drive, Suite A/B Colton, CA 92324 July 27, 2012 Shawn Perumean Cucamonga Valley Water District 10440 Ashford Street Rancho Cucamonga, CA 91730 Re: Recommendations for Statutory/Regulatory Compliance • Proposed Demolition of"China House," 9591 San Bernardino Road City of Rancho Cucamonga, San Bernardino County Dear Mr. Perumean: On the basis of existing documentation, a field.inspection on July 19, and past experience with similar properties, I am writing to present to you our professional opinion on what would constitute adequate mitigation for the proposed and, apparently, inevitable demolition of the building known as "China House" or "Chinatown House," which has been determined unsafe and unsalvageable by a structural engineer and an architectural historian (Anderson 2010:6-7;Ahmadi n.d.:2). The existing documentation on this historical building has made it dear that the China House has been designated a California Point of Historical Interest and a Local Landmark of the City of Rancho Cucamonga, and that it appears to be eligible for listing in the • National Register of Historic Places and the California Register of Historical Resources (Merrill 1987:1; White et al. 2007:34). Since the China House is probably the only building surviving from the many Chinatowns that once existed in the cities and towns in the Inland Empire area, we concur with the previous evaluations. For statutory and regulatory compliance purposes, the China House qualifies as a "historic property" and a "historical resource," as defined by Section 106 of the National Historic Preservation Ad, the California Environmental Quality Act, and associated federal and state regulations. The demolition of the building, thus, will be considered an adverse effect on a "historic property"/"historical resource,"which requires proper mitigation. The significance of the China House, however, is evidently limited to the local or regional level, since a number of more substantial Chinatowns of similar or older vintage remain very much "alive" beyond the Inland Empire, and examples of former rural Chinatowns have also survived in better preservation in California, such as the Locke Historic District. Furthermore, historically the construction of the China House postdated the heyday of the Chinese community in Rancho Cucamonga, following a catastrophic fire in 1919 that destroyed most of the enclave and "eventually led to the disappearance of the Chinese from the Cucamonga village" (Clucas 1979:87-89). Architecturally,the China House does not demonstrate any distinctive cultural characteristics that identify the building to their former occupants. Therefore, the ability of the China House to represent the history and cultural heritage of the Cucamonga Chinatown, or those of California's once numerous rural Chinatowns, is also limited. Tet: 909 824 6400 Fax: 909 824 6405 • A-5 • In light of these findings, we believe that the standard recordation procedures required by the Historic American Buildings Survey (HABS), which are often utilized as mitigation measures for the demolition of historical buildings, do not appear to be an appropriate approach in this case. Instead, in keeping with the building's current condition and, more importantly, level of significance, we recommend what is often termed a "HABS-like recordation," which many public agencies have implemented on buildings of local historic significance in recent years. The technical requirements for the structural, architectural, and photographic documentation under a HABS-like recordation are less stringent than those for the "real" HABS, and the results of the recordation will be curated at the appropriate local cultural resources information repositories for easy public access, such as the City of Rancho Cucamonga, the Rancho Cucamonga Public Library, and the Archaeological Information Center at San Bernardino County Museum, Redlands, instead of at the Library of Congress. The basic components of HABS and a HABS-like recordation,however, are essentially identical. For the China House, the scope of work we consider appropriate includes a detailed architectural description, scaled plan drawing(s),photographic recordation, and compilation of the history of the property. We recommend that the elevations and details of the building be photographed with high-quality digital cameras instead of the specialty cameras required by HABS, and that the building be photographed in its current condition, with the wooden boards covering the windows and doors removed temporarily. The . . minute details required by HABS, such as the prease dimensions of structural members, • will not be necessary. In addition to the recordation procedures, we further recommend that the local historic . value of the property be recognized through commemorative displays, both textual and graphic, to be placed on the premises as a part of future development. The displays should be located in an area of ready access in order to fulfill its function in public education on the history of the property. . It is our belief that these measures will adequately mitigate the effect of the demolition of " the China House under federal and state statutes and regulations, and will afford the historic significance of the property the best recognition and protection short of preserving the building itself in situ. As cultural resources compliance specialists, we will be glad to provide any further assistance you might need in this process. If you have any questions or need further information, please do not hesitate to contact me at (909) 824-6400 or ttang @crmtech.us. Sincerely, S Bai "Tom" Tang, M.A. Principal, CRM TECH • 2 A-6 1 References Cited: • Ahmadi, Mike n.d. Architectural Evaluation: "China House," 9591 San Bernardino Road, Rancho Cucamonga, CA 91730. On file, Cucamonga Valley Water District, Rancho Cucamonga. Anderson,J. Bruce 2010 Building Survey Report for Cucamonga Valley Water District:URM Building Review, 9575 [sic] San Bernardino Road, Rancho Cucamonga, California. Report prepared by Anderson Design Group, Covina, California. Clucas, Donald L. 1979 Light over the Mountains: A History of the Rancho Cucamonga Area;revised edition. Kengraphics Printing and Lithography Company, Ontario, California. Merrill, Lynn 1987 California Historical Resources Inventory record forms, 36-016481/CPHI-SBr-77. On file, Archaeological Information Center, San Bernardino County Museum, Redlands. White, Laura S., Robert S. White, and David M. van Horn 2007 A Cultural Resources Assessment of the 1.13-Acre China House Lot as Shown on • TPM 18806,Located at 9591 San Bernardino Road, City of Rancho Cucamonga, San Bernardino County. Report prepared by Archaeological Associates, Sun City, . California. • • • • • 3 S A-7 STAFF REPORT _ • PLANNING DEPARTMENT DATE: December 12, 2012 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FRQM: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development BY: Dominick Perez, Planning Technician SUBJECT: TENTATIVE PARCEL MAP SUBTPM19397 - CALDWELL LAND SURVEYS FOR BC! COCA-COLA BOTTLING CO - A request to subdivide an existing parcel of approximately 25.12 acres into three parcels within the General Industrial District and the Industrial Park District, located at the northwest corner of Utica Avenue and 6th Street at 10670 6th Street - APN: 0209-411-33. This action is categorically exempt per the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315, minor land divisions. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Parcel Map SUBTPM19397 through the adoption of the attached Resolution of Approval with Conditions. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: • North - Industrial Buildings — Industrial Park District and General Industrial District South - Distribution Warehouse and Industrial Complex — Industrial Park District and General Industrial District East - Distribution Warehouse and Industrial Complex — Industrial Park District and General Industrial District West - Office Buildings and Vacant Land — Industrial Park District B. General Plan Designations: Project Site - Industrial Park and General Industrial North - Industrial Park and General Industrial South - Industrial Park and General Industrial East - Industrial Park and General Industrial West - Industrial Park C. Site Characteristics: The L-shaped 25.12-acre parcel is located north of and abutting 6th Street, approximately 400 feet east of Haven Avenue at 10670 6th Street. The northern 15-acre portion of the subject property is vacant land, whereas the southern portion of the subject property at the northwest corner of 6th Street and Utica Avenue is developed and contains an industrial building that is approximately 120,000 square feet in size. The site has a street frontage of approximately 800 feet along 6th Street, as well as a street frontage of approximately 500 feet along Utica Avenue alongside the developed portion of the site. Additionally, there is an approximate 525-foot gap in Utica Avenue throughout the undeveloped northern half of the site (see Exhibit A). Utica Avenue is currently improved from 6th Street approximately 500 feet north where it dead ends. It then continues north beyond • the project site. Item B • • PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19397—CALDWELL LAND SURVEYS FOR BCI COCA-COLA BOTTLING CO December 12, 2012 • Page 2 ANALYSIS: A. General: Title 16 of the City of Rancho Cucamonga Municipal Code states that a Tentative Parcel Map shall be required for all divisions of land which create less than five parcels. The applicant, BCI Coca Cola Bottling Co., proposes a subdivision that will create three parcels from one existing multi-zoned parcel. The two created parcels (Parcels 1 and 2) on the west side of Utica Avenue will be located within the Industrial Park (IP) District, while the third created parcel (Parcel 3) on the east side of Utica Avenue, will be located within the General Industrial (GI) District. Accordingly, these different land use designations allow for different land uses. Ultimately, it should be noted that the permitted uses, as specified in the Development Code, for one district such as the GI District may not be permitted in another district such as the IP District (i.e., Medium and Heavy Wholesale, Storage, and Distribution uses are permitted within the GI District, but not within the IP District). Section 17.36 of the Development Code requires parcels within Parcel No. Size (Acres) the Industrial Park and General Industrial Districts to be a Parcel 1 9.10 minimum of a half acre in size. The proposed subdivision will Parcel 2 7.83 create three •parcels that will each exceed this minimum Parcel 3 7.39 requirement. Therefore, the Tentative Parcel Map is in compliance with this requirement. As previously indicated within the Site Characteristics section above, there is a gap in • Utica Avenue throughout the northern half of the site. Therefore, the Engineering Services Department is including a condition within the attached Resolution of Approval that requires the unimproved portion of Utica Avenue to be installed per City standards. B. Grading, Technical, and Design Review: Because of the fact that this application only involves the creation of new property lines on partially developed industrial property, and there is no proposed development for the vacant parcels at this time, staff determined that a review by the Design and Grading Committees is not necessary. However, staff met with the applicant's engineer, Dale Kelleher, on November 6, 2012, to allow for an opportunity to discuss any technical questions and/or concerns as well as to discuss potential conditions of approval. There were no major concerns or issues at this meeting. C. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under as a Class 15 exemption under State CEQA Guidelines Section 15315 (Minor Land Divisions) because the project consists of the division of industrial property into four or fewer parcels, it conforms with the General Plan and zoning, no variance or exceptions are required, 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. • B-2 PLANNING COMMISSION STAFF REPORT TENTATIVE PARCEL MAP SUBTPM19397— CALDWELL LAND SURVEYS FOR BCI COCA-COLA BOTTLING CO • December 12, 2012 Page 3 Respectfully submitted, Jitry . ''om Deputy Cit Manager/Economic & Community Development JAB:DP/ge Attachments: Exhibit A - Aerial Photo of Project Site Exhibit B - Site Utilization Map Exhibit C - Tentative Parcel Map SUBTPM19397 Draft Resolution of Approval for Tentative Parcel Map SUBTPM19397 • • B-3 , Tentative Parcel Map SUBTPM19397 etiv92 ii , -'''■ -P t ' .-:9 194.:9' ' i, .P 4': -{21 - - -- ; 7 : - &,/- J19 4'a ii 3- ' „__ i ,c, v-;:. _' .1 : "';.;, , ', .,.L.,r. I -r. I fr'r.. 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J ] ' -1j.. is b °.`I !p� 1� f,°I6: s I 1i,t. 1 I BSaS 3 ° K 99 �f( EE liVo ;II. �e--� - 1 tit 1, s: �.. 8 d EXHIBIT i C ., 2 a B-6 RESOLUTION NO. 12-48 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE TRACT MAP NO. 19397,A REQUEST TO SUBDIVIDE AN EXISTING PARCEL OF APPROXIMATELY 25.12 ACRES INTO THREE PARCELS WITHIN THE GENERAL INDUSTRIAL DISTRICT AND THE INDUSTRIAL PARK DISTRICT, LOCATED AT 10670 6TH STREET ON THE NORTHWEST CORNER OF UTICA AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-411-33. A. Recitals. ' 1. BCI Coca Cola Bottling Co.filed an application for the approval of Tentative Parcel Map 19397, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is-referred to as "the application." 2. On the 12th day -of December 2012, 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 December 12, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the L-shaped property of 25.12 acres located at the northwest corner of Utica Avenue and 6th Street at 10670 6th Street -APN: 0209-411-33. b. The subject property has a street frontage of approximately 800 feet along 6th Street as well as a street frontage of approximately 500 feet along Utica Avenue alongside the developed portion of the site. Additionally, there is an approximate 525-foot gap in Utica Avenue throughout the undeveloped northern half of the site. Also, the site is presently partially improved with an approximate 120,000 square foot industrial building; and c. Title 16 of the City of Rancho Cucamonga Municipal Code states that a Tentative Parcel Map shall be required for all divisions of land which create less than five parcels. The applicant, BCI Coca Cola Bottling Co., proposes a subdivision that will create three parcels from one existing multi-zoned parcel; and d. The two created parcels (Parcels 1 and 2)on the west side of Utica Avenue will be • located within the Industrial Park (IP) District, while the third created parcel (Parcel 3) on the east side of Utica Avenue will be located within the General Industrial (GI) District. Parcel 1 is 9.1 acres in size; Parcel 2 is 7.83 acres in size; and Parcel 3 is 7.39 acres in size; and B-7 PLANNING COMMISSION RESOLUTION NO. 12-48 TENTATIVE PARCEL MAP SUBTPM19397—CALDWELL ENGINEERING FOR BCI COCA COLA BOTTLING CO. December 12, 2012 Page 2 • e. The properties to the north of the subject site are within the Industrial Park and General Industrial Districts; the properties to the south of the subject site are within the Industrial Park and General Industrial Districts; the properties to the east of the subject site are within the General Industrial District; and the properties to the west of the subject site are within the Industrial Park and General Industrial Districts; and f.• The applicant does not propose any physical changes to the property such as modifications to the existing developed site or proposed development for the vacant land. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed subdivision is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposed project is to subdivide the property into three parcels and is consistent with the development district of the project site; and b. . The proposed subdivision, 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 project is to subdivide the property into three parcels; no development of the site is proposed; and c. The proposed subdivision complies with each of the applicable provisions of the • Development Code. The proposed subdivision meets all standards outlined in the Development Code, and the design and development standards and policies of the Planning Commission and the City. • 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 3 exemption under State CEQA Guidelines Section 15303 (Minor Subdivisions)because the project consists of the division of industrial property into four or fewer parcels, it conforms with the General Plan and zoning, and no variance or exceptions are required. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto, and incorporated herein by this reference. Planning Department 1) Approval is for the subdivision of a parcel (APN: 0209-411-33)with an overall area of 25.12 acres located at the northwest corner of Utica Avenue and 6th Street into three parcels (Parcel 1: 9.1 acres; Parcel 2: 7.83 acres; and Parcel 3: 7.39 acres). • B-8 • PLANNING COMMISSION RESOLUTION NO. 12-48 TENTATIVE PARCEL MAP SUBTPM19397—CALDWELL ENGINEERING FOR BCI COCA COLA BOTTLING CO. December 12, 2012 • Page 3 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) Any proposals for development within the project site shall require the review and approval of the City's Planning Department prior to construction and/or installation. 4) Any proposals for building or site modification within the currently developed portion of the site shall require the review and approval of the City's Planning Department prior to construction and/or installation. Engineering Services Department 1) No more than 5 acres shall drain to a single curbside drain outlet. (Use Standard Drawing 107-B or 107-C). 2) Create vehicular access from the existing Utica Avenue stubbed street into the newly created parcels. Notify the adjacent property owner prior to the beginning of construction. Revise the City drawing indicating access, provide security, and obtain permit prior to recordation of final map. • 3) Submit Utica Avenue centerline design for review and approval prior to submittal of final map. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF DECEMBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: Jeffrey A. Bloom, Secretary I, Jeffrey A. Bloom, 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 12 day of December 2012, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: B-9 = x COMMUNITY DEVELOPMENT 3''1 ! , DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM19397 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: BCI COCA COLA BOTTLING CO. - LOCATION: NORTHWEST CORNER OF 6TH STREET AND UTICA AVENUE —APN: 0209-411-33. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. . . APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: alGeneral 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. 12-48, Standard / /_ Conditions, and all environmental mitigations shall be included an 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. This tentative parcel map shall expire, unless extended by the Planning Commission, unless a _/_/_ complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. • 1 B-10 Project No. SUBTPM19397 Completion Date . APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • UPON DEVELOPMENT OF THE SITE, THE FOLLOWING STANDARD CONDITIONS WILL APPLY TO THE PROJECT: NOTE: ANY CHANGES TO THE MAP MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S). C. 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., SUBTPM19397) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. /_/ • Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to /_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/_/_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department. D. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be /_/_ marked with the project file number(i.e., SUBTPM19397). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances', and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or /_/_ major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map / /_ recordation and prior to issuance of building permits. • 2 B-11 Project No. SUBTPM19397 Completion Date 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday or holidays. • 5. Construct trash enclosure(s) per City Standard (available at the Planning Departments public _/_/_ counter). E. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ 3. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ 4. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_ F. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading / /_ Standards, and accepted grading practices. The final grading plan shall be in substantial •conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / /_ perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ • time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, _/ /_ • submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • G. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, _/_/_ community trails, public paseos, public landscape areas, street trees,traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map. 3. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the _/_/_ final map. • 3 13-12 Project No. SUBTPM19397 Completion Date • H. Street Improvements 1. Improvement Plans and Construction: • a. Prior to any work being performed in public right-of-way, fees shall be paid and a _/_/_ construction permit shall be obtained from the Engineering Services Department •in addition to any other permits required. • I. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting / /_ Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. J. Improvement Completion 1. If the required public improvements are not completed prior to approval of the final map, an _/_/_ improvement certificate shall be placed upon the final parcel map, stating that they will be completed upon development for: Either Parcel 2 or 3, Utica Avenue shall be installed full width except parkway improvements that may be deferred to development of each parcel. A final drainage study shall be submitted to and approved by the City Engineer prior to final map . . approval. All drainage facilities shall be installed as required by the City Engineer: In addition, upon development of either Parcel 2 or 3, sidewalk and street lights shall be installed along • • Utica Avenue frontage of Parcel 1. Along Parcel the sidewalk may be curb adjacent and must meet ADA standards. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION • PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • • 4 13-13 • FIRE STANDARD CONDITIONS • UPON DEVELOPMENT THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT: The project must comply in design and constructed in accordance with the 2010 California Building & Fire Codes, the RCFPD Ordinance FD50 and the RCFPD Standards. The RCFPD ordinance, procedures & standards which are referenced in this document can be access on the web www.cityofrc.us FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: Reference the RCFPD Standard 5-10 FSC-2 Fire Flow 1. The required fire flow for this project is calculated gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with California Fire Code Appendix, as adopted by the Fire District Ordinances. The required minimum fire flow for this project may be reduced by 50% when automatic fire sprinklers are installed. 2. Public fire hydrants located within the immediate vicinity 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 supply 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 the fire protection water supply . plans are approved. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings as required by the current editions of the California Fire Code, the Rancho Cucamonga Fire Protection District Ordinance and/or any other applicable standards that require an approved automatic fire sprinkler system to be installed. FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The current edition California Building/Fire Codes, the RCFPD Ordinance and Fire Alarm Standard 9-3 require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the • installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be 1 B-14 submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. Refer to the specified documents for the system requirements. FSC-6 Fire District Site Access • Fire District access roadways include public roads, streets and highways, as well as private roads, drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard 5-1. 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 80,000 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 current edition of California Building/Fire Codes and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Building Access: Knox boxes for site and building access are required in accordance with RCFPD • Standard 5-9. • 2 • B-15 6. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: • a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock. The lock must be purchased at the Fire Administration Office. f. .Motorized gates must open at the rate of one-foot per second. g. • The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or,battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override .key switch. The switch must be • installed outside the gate in a visible and unobstructed location. • i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation • must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 9. Roof Access: must be in accordance with the RCFPD Roof Access Standard 5-6. 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 more than 10,000 square feet or with roof more than 15' in height and less than 75' above the level of the fire access road. a. This access must be reachable by either fire department 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. 3 B-16 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. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • • Aerosol Products • ■ Magnesium Working • Application of Flammable Finishes • • Motor Vehicle Fuel-Dispensing Operation • Automobile Wrecking Yards • • • Open Burning • Battery Systems • Organic Coating • Candles and open flames in public assemblies • Ovens • Cellulose Nitrate • Powder Coating • Compressed Gases • Public Assembly • Cryogenics • Pyrotechnical Special Effects • Dry Cleaning Plants • Radioactive Materials • Dust-Producing Processes and Operations • Refrigeration Systems • Explosive or Blasting Agents • Repair Garages • 4 B-17 • Flammable and Combustible Liquids • Rubbish Handling Operations • • Fruit Ripening Plants • Spraying or Dipping Operation • Hazardous Materials • • Tents, Canopies and/or Air Supported Structures • High-Pile Combustible Storage (HPS) • Tire Storage • Liquefied Petroleum Gases • Welding and Cutting Operations • LPG or Gas Fuel Vehicles in Assembly Buildings • Wood Products/Lumber Yards • FSC-11 Hazardous Materials - Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance-with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business • 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 current editions of the California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances 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 review fee. • 5 B-18 FCS-14 Map Recordation 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. 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. FCS-15 Annexation of the pardel map: Annexation of the parcel map into the Community Facilities District#85-1 or#88-1 is required prior to the issuance of grading or building permits. 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 Y 9 the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. • 6 B-19 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO 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. • 7 B 20 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: Must be in accordance with the RCFPD Standard 5-7, 5-8 and/or 5-5. 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: Must be in accordance with the RCFPD Standard 5-11. Prior to the issuance of a Certificate of Occupancy, a 8 Yz' 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 aapproved by Fire Construction Services. • • • • • 8 B-21 • • STAFF REPORT , PLANNING DEPARTMENT. . Date: December 12, 2012 RANCHO CUCAMONGA To: Chairman and Members of the Planning Commission From: Jeffrey A. Bloom, Deputy City Manager/Economic and Community Development By: Mike Smith, Associate Planner Subject: CONDITIONAL USE PERMIT DRC2012-00932 - ELIAS ALFATA FOR GABRIEL MITRI - A request to operate a used car sales office of 284 square feet and vehicle display area of about 3,800 square feet at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of an automotive repair(Building A) and body shop (Building B) with a combined floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue - APN: 0207-222-05. Related files: Site Development Review DRC2012-00933 and Variance DRC2012-01123. . SITE DEVELOPMENT REVIEW DRC2012-00933 - ELIAS ALFATA FOR GABRIEL MITRI - A • request to modify the parking lot in conjunction with a proposed used car sales office and vehicle display area at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of an automotive repair (Building A) and body shop (Building B) with a combined • floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue - APN: 0207-222-05. Related files: Conditional Use Permit DRC2012-00933 and Variance DRC2012-01123. VARIANCE DRC2012-01123 - ELIAS ALFATA FOR GABRIEL MITRI - A request to allow a reduction in the average landscape depth along Arrow Route and Grove Avenue in conjunction with a request to operate a used car sales office of 284 square feet and vehicle display area of about 3,800 square feet at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of an automotive repair (Building A) and body shop (Building B) with a combined floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue; APN: 0207-222-05. Related files: Site Development Review DRC2012-00933 and Variance DRC2012-01123. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2012-00932, Site Development Review DRC2012-00933, and Variance DRC2012-01123 through adoption of the attached Resolutions of Approval with conditions. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Mini-market and single-family residences — General Commercial (GC) District and Low (L) Residential District South - Vacant— General Commercial (GC) District East - Single-family residences (legal, non-conforming)- General Commercial (GC) District • West - Single-family residences— City of Upland Items C,D, & E PLANNING COMMISSION STAFF REPORT DRC2012-00932, DRC2012-00933, AND DRC2012-01123 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 2 • B. General Plan Designations: Project Site - General Commercial North - General Commercial South - General Commercial East - General Commercial West - General Industrial C. Site Characteristics: The project site is a square parcel of about 37,000 square feet (0.85 acre) located at the southeast corner of Arrow Route and Grove Avenue (Exhibit B). The jroect site has P dimensions of about 216 feet (north-south) by about 175 feet (east-west). The site is currently developed with two (2) buildings. Existing development on the site pre-dates the City's incorporation and generally does not comply with the City's current design and technical standards. As such, there is very minimal landscaping on-site at the southwest corner while the remainder of the site is paved with asphalt. The property is bound on the east by legal, non-conforming single- family residences. To the north, across Arrow Route, are additional single-family residences and a liquor store. To the south is a vacant lot that appears to be in use for outdoor vehicle and materials storage. To the west, across the street, are single-family residences in the City of Upland. The zoning of the properties to the east and south is General Commercial (GC) District. The zoning of one of the properties to the north (the liquor store) is General Commercial (GC) District while the zoning of the other properties is Low (L) Residential District. The property is generally level with an elevation at the north and south sides of about 1,212 feet • and 1210 feet, respectively. A proposal to partly redevelop the site with a carwash and other associated improvements was reviewed and approved by the Planning Commission on November 14, 2007 (Related files: Conditional Use Permit DRC2006-00337 and Variance DRC2006-00737, Exhibit G). However, building permits were never issued and construction never commenced. The approvals for the development of the site expired on November 14, 2012. ANALYSIS: A. Conditional Use Permit DRC2012-00932 and Site Development Review DRC2012-00933: The applicant is requesting to operate a used vehicle retail business (Exhibit F). This use is classified within the "Auto and Vehicle Sales and Rental" category. This use is permitted in the General Commercial (GC) District subject to the submittal and approval of a Conditional Use Permit per Table 17.30.030-1 of the Development Code. Although a Conditional Use Permit and Site Development Review only require Planning Director review and action, because a. Variance application has also been submitted for review and action, the highest-level designated approving authority is required by the Code to take action on the full scope of the project application(s). In this case, the acting body will be the Planning Commissioner per Section 17.14.060(B). The site is currently developed with two (2) buildings with a combined floor area of 5,676 square feet (Exhibit C). At the east side of the site, along the east property line, is a building of 3,876 square feet (Building A). Building A is occupied by an automotive repair business and tire retailer. At the west side of the site, near Grove Avenue, is a building of 1,800 square feet (Building B). Building B is occupied by an automotive body shop. The applicant proposes to construct an office in which to conduct his business operations. This office will have a floor area of 284 square feet • and will be located in Building A, i.e. part of one of the existing garage spaces will be converted (Exhibit D). Exterior modifications to this building will be limited to the area around the new office. The modifications will consist of replacing the existing garage door with a storefront system C)b,6 —2 PLANNING COMMISSION STAFF REPORT DRC2012-00932, DRC2012-00933, AND DRC2012-01123— ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • Page 3 (door/windows) and a smaller. garage door (Exhibit E). There will be three (3) employees. The hours/days of operation for the proposed use and existing uses are as follows: Type of Business Floor Area (square feet) Hours/Days of Operation Automotive Sales 284 10:00am —9:00pm, Monday - Thursday 8:00am — 10:00pm, Friday - Sunday Automotive Repair 2,362 9:00am — 5:00pm, Monday - Saturday Closed on Sunday Tire Shop 1,230 8:00am — 7:00pm, Monday - Saturday 8:00am — 3:00pm, Sunday 9:00am — 7:00pm, Monday - Friday Body Shop 1,800 9:00am —6:00pm, Saturday Closed on Sunday The most substantial modifications to the site will occur within the parking lot. Proposed parking lot improvements will consist of a new slurry coat, new landscaping (trees and ground cover), parking stall striping, parking lot lights, and a new trash enclosure. An area of about 3,800 square feet (about 47 feet x 80 feet) for the display of vehicles available for sale (hereafter referred to as "the display area") will be located at the northwest corner of the site between Building B and Arrow Route (Exhibit C). No physical changes to Building B are proposed. Both buildings will be repainted using colors that generally match the existing colors. • B. Parking Calculations: Per Table 17.64.051-1 of the Development Code, the parking required for the project site is as follows: Type of Business Floor Area Parking Ratio Number of (square feet) Spaces Required Automotive Sales 284 1/400 1 Automotive Repair 2,362 1/400 6 Tire Shop 1,230 1/400 3 Body Shop 1,800 1/400 5 Total Number of Parking Required 15 Total Number of Parking Provided 19 C. Land Use Compatibility: The proposed use is compatible with the other automotive-oriented uses on the property, the intent of the site, the site's Development District, and the surrounding uses and Development Districts. No negative effects to the neighboring residential properties are expected. Activities related to the operation of the automotive sales business are expected to be significantly less intensive than the current activities on-site. As the proposed use does not generate noise, vibrations, odors/particulate matter, and/or intensive outdoor activity the neighboring properties will not be affected by those types of disturbances. Light and glare are the mostly likely impacts generated by the proposed use due to the presence of new light fixtures. These impacts are expected to be minimal as the maximum height of light fixtures, measured from finished grade to the top of the fixture, is 15 feet per Section 17.58.050 of the Development Code. Furthermore, the lighting will be required to comply with the illumination requirements described in Table 17.58.050-1 • of the Development Code. D. Variance DRC2012-01123: The applicant has submitted a Variance to allow a reduction in the average landscape depth along Arrow Route and Grove Avenue. Arrow Route and Grove Avenue C,b,E -3 PLANNING COMMISSION STAFF REPORT DRC2012-00932, DRC2012-00933, AND DRC2012-01123 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 4 • are classified as a Major Arterial and a Local Street, respectively, per Figure CM-2 of the General Plan. The required average landscape depth is a horizontal dimension measured from the curb face to the interior edge of the landscaped area. Along Arrow Route the required dimension is 45 feet while along Grove Avenue it is 35 feet per Table 17.36.030-2 of the Development Code. The applicant proposes an average landscape depth of 30 feet along Arrow Route and about 25 feet along Grove Avenue. Staff notes that the project site has very limited landscaping and is dominated by asphalt paving — the applicant proposes to add landscaping of which about 50 percent of it will be along Arrow Route and Grove Avenue. Facts For Findings: The purpose of a Variance is to provide flexibility from the strict application of development standards. In order to grant a request for a Variance, the Planning Commission must make a series of findings. Generally, these findings focus on unique or special circumstances applicable to a specific property. The following are facts to support the necessary findings: 1. Finding: That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code. Fact/s: The automotive sales business is proposed at a location that is developed with two (2) buildings and dominated by asphalt paving. The applicant proposes to have the display area between Building B and Arrow Route. In order to comply with the required average landscape depth along both Arrow Route and Grove Avenue, the applicant would have to reduce the proposed size of the display area from about • 3,800 square feet to about 2,240 square feet (a reduction of about 40 percent). This would result in an impractically small display area. An alternate location is not feasible as there are existing on-site constraints such as the location of the buildings and driveways, and the location of new (and required) improvements such as parking stalls, interior landscaping, and drive aisles for regular and emergency vehicle access/circulation through the property. 2. Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone. Fact/s: Based on a review of aerial photos taken around the late 1960's, the existing development on the site pre-dates the City's incorporation. As a result, the existing development does not comply with the City's current design and technical standards. For example, Building B is about 26 feet from the curb along Grove Avenue; the required building setback along that street is 35 feet. Also, there are several driveways and associated drive aisles along Arrow Route and Grove Avenue that are in areas (and still in use) that otherwise could be replaced with landscaping which, in turn, would increase landscape coverage and depth. Lastly, there are areas within the interior of the site that are used for parking or circulation and, therefore, cannot be used as alternate locations for the display area. • C,D,E -4 • PLANNING COMMISSION STAFF REPORT DRC2012-00932, DRC2012-00933, AND DRC2012-01123 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • • Page 5 3. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of.other properties in the same zone. Fact/s: In order to comply with the required average landscape depth along Arrow Route and Grove Avenue, the applicant would have to reduce the proposed size of the display area by about 40 percent from about 3,800 square feet (47 feet x 80 feet) to about 2,240 square feet (32 feet x 70 feet ). This would result in an impractically small display area that would only for a limited number of cars to be displayed at any given time. Note that these area calculations include the unoccupied portions of the display area, i.e. empty spaces between the cars, that are necessary for the cars to be maneuvered within the display area. 4. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact/s: The principal purpose of the landscape depth standard is to provide an aesthetic • 'buffer' of a reasonable size and area between the street and on-site improvements such as buildings and paved areas. Although the applicant is requesting a reduction in the average landscape depth along Arrow Route and Grove Avenue, the landscaping that is proposed will comply with the required minimum landscape depths per Table 17.36.030-2 of the Development Code. Furthermore, the • combined area of the landscape coverage proposed by the applicant is about 5,800 square feet. This is approximately 16 percent of the project site. Per Table 17.36.030-1 of the Development Code, the minimum percentage of open space (landscaping) required in the General Commercial (GC) District is 10 percent. The applicant will also provide landscape planters in the parking lot that will be comprised of one (1) tree per three (3) parking stalls and ground cover/shrubs. Staff notes that the landscape standards generally apply to new development and sites undergoing substantial redevelopment. As the site is already developed, the landscaping provided is a significant enhancement. 5. Finding: The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Facts: The reduced average landscape depth along Arrow Route and Grove Avenue will not affect neighboring properties and/or property owners. Practical differences in the physical attributes/characteristics between the lots in the surrounding area and the project site will be limited. The site was developed prior to the date of the City's incorporation and generally does not comply with the City's standards relating to landscaping. As such, existing landscaping is limited to the southwest corner of the site. The remainder of the site is paved with asphalt. About 50 percent of the landscaping proposed by the applicant will be along Arrow Route and Grove Avenue. The landscaping that will be provided will enhance the aesthetics of the project site and will be a benefit to the neighborhood. • E. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 2 exemption under State CEQA b,E-s- PLANNING COMMISSION STAFF REPORT DRC2012-00932, DRC2012-00933, AND DRC2012-01123 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 6 • Guidelines Section 15301 — Existing Facilities — as the proposal is for minor interior and exterior building improvements and minor site improvements. 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. No correspondence has been received. Respectfully submitted, Y Deputy City Manager/Economic and Community Development JAB:MS/dl Attachments: Exhibit A - Location Map Exhibit B - Aerial Photo Exhibit C - Site Plan Exhibit D - Detail Floor Plan (Building A only) Exhibit E - Elevations • Exhibit F - Description of Operations (prepared by the Applicant) Exhibit G - Planning Commission Staff Report for DRC2006-00337 and DRC2006- 00737 (with Exhibits C — H only) Draft Resolution of Approval for Conditional Use Permit DRC2012-00932 Draft Resolution of Approval for Site Development Review DRC2012-00933 Draft Resolution of Approval for Variance DRC2012-01123 • C, 11J& fi Conditional Use Permit DRC2012-00932, Site Development Review DRC2012-00933, and Variance DPC2012-01 i 23 5. r r^y w - '!I. + a14 try _ _E. • `TY . _ L' 1111 rte- k- .. . - , 1t, i;_ ' 1 . Project, x w ti' ,h ii�,p� �z�'• — ' SItc JRtiI.`A TE ,_ , loi " ,. i a' 4 -.V r - - f ♦. i iR . ti s . 446' E mt • a; y - _tom—_ • EXHIBIT B C; b,� ■ 1! ARROW ROUTE 3T-E' 45'-q. (E)GiR6 AND GUTTER (E)DRAY 1.131:. _ __ � ALK'AE?AV.' I- 30-0' 0'_0.. I LAND V N)LAND l N)LIGHT N LIGHT tilt 2510' --: BO'-4 �' 40'-3" i II-0" 1fhh F • è4tI ° M) IGHi 39'-0 <.P16PLA!i J GOAT 51'-6' k_20-0" __IP U - N)LIGHT 4- I 1. OU LIGHT I 1111; "Lien- `'t AUTO 48-0" ,, REPAIR 5I-5-' 90'-0' (E)DRAY BODY SHOP (E)3516 SG FT. BLDG. -B- i-21-61- , BLDG. •A- (E)ISO°SOFT. r 92-0 2.-5- _ _ 2 M)LANDS.8'-0' MI LIGHT EiiI IN)LANDS 20'-I " 1S20'-0" I2 25-.. • 31' 118-II ' /-� AREA OF WORK I 14'-III" 55-III' EO-b"' L , WITHING TEE BOLDING 2 ® V 1St h 92-22" EXISTING AO PAVING � 1 25 92 k I NEV SLURRY GOAT �Ie- r.�i Y/�esi o- - 4 Z 110 ® _ DJ mion I • o W 1 ' � 21'-O . OIN)L :11 - % CZ \� a 55-2 ' • .ti thi lk 16-I" 36'-10' ��/„ne EXITING AREA N LANDS. 1�.�N ___ 1 STORAGE AREA M)LANDS. Waal.= 11`22 EXISTING CHAIN LINK FENCE EXISTING RETAINING WALL'V NEW , 40'-0• X 31'-0• 6'-9' 45-0" 52'A- • EXHIBIT C c,6, E-9 • ? (EXIST) AUTO REPAIR 23'-6" x T-10" r s ® <41 1 PROPOSED USED DEALER iji co �so-o� a'-112' OFFICE _� ,, t (E)2X4. . ,. ®13'O.L. • t 31'-4" (EXIST) TIRE SHOP o • EXHIBIT D c, b,6 -10 r1 ; 5, .u,. rJ -V_ 9NI011CP 5N011Vh313J — — I, —r 'I: 1 I 18 i t e d3lH3u Nc)d3>f> 0 �i @ta �j3 _tosI.Din . Li IL, 5:13 eu EQ J e • di.:p..��_;.,�i.,3 v mi ..� J • £1 m L E e u c M ;Li ? iZ II 7 5 4 ix 83 z > bi y Ed e e ti a n I '1 2s ,k gi ,Jq 'ii s$ i$ U s 1 . �i! w `:J G 0 i� J 6.1— y m .H . rE ,. .t : ' __ _ 2 Ii $ ) ' — : sa; i 4 !P. ' ) ,,, B 1' �' ‘,..2_,• 1J 3 ii (L.!, 1 �_a ---- - � cam ; - I I I E IL. • k EXHIBIT E e,Use—( I • �\ qi \ j :3] Ct C w yam \ 2 � gp Qrip i ®® a � (\E\: � % �/ \ (¢htK§ ! ; r _ I • 1 �) -) \ \Lt I ) ) [ { I§ �® /: § { ; R A 9 _III : § § ) / ) / }1 ©'9" R § G § ) R J ' \ a 2 5 (9 ? C. � - \ \ a \ { : \ [ } !; j! 0 7 - ° MI 1 { 0 r�r . { ) �. MN 1 � ■. } , } ; 1 L 0 D 12 J • BUSINESS OPERATION @ 8517 GROVE AVENUE RANCHO CUCAMONGA USED CAR DEALER "AUTOGROVE". BUSINESS HOURS: -MONDAY THRU THURSDAY 10:00 AM TO 9:00 PM -FRIDAY, SATURDAY AND SUNDAY 8:00 AM TO 10:00 PM NUMBERS OF EMPLOYEES (3) THREE. THE OWNER OF THE PROPERTY STRONGLY FEEL AN AUTOMOTIVE USE ON THE PROPERTY IS MORE LIKELY TO SUCCEED THAN ANY OTHER BUSINESS. THE PROPERTY NOW IS OCCUPIED BY A BODY SHOP, TIRE SHOP AND AUTO REPAIR SHOP. USED CAR DEALER ON THE SITE WILL BE A PLUS TO THE EXISTING BUSINESSES AND THE SURROUNDING NEIGHBORHOODS. OWNER: • BECHARA MITRI fat oniz, 001� CITY OF RANCHO CUCAMONGA SEP 1 7 201? RECEIVED - PLANNING EXHIBIT F em,E-(3 :ti •x :I- S.yy T H E C I T Y O F R A N C H O C U C A M O N G A • Staff Report DATE: November 14, 2007 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Mike Smith, Associate Planner • SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2006-00337 - ELIAS ALFATA (for Bichara Mitri) - A request to construct a 3,300 square foot full service car wash on .85 net acre of land in the General Commercial (GC) District, located at 8517 Grove Avenue. The proposed car wash will replace the automotive body shop, one of two existing automotive service buildings located on the subject property - APN: 0207-222-05. Related file: Variance DRC2006-00737. Staff has prepared a Mitigated Negative Declaration of • environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2006-00737 - ELIAS ALFATA (for Bichara Mitri) - A request to allow a reduction in the parking setback along Arrow Route, a Major Arterial street, from the required 30 feet to 20 feet in conjunction with a request to build a 3,300 square foot full service car wash on .85 net acre of land in the General Commercial (GC) District, located at 8517 Grove Avenue - APN: 0207-222-05. Related file: Conditional Use Permit DRC2006-00337. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION A. Surrounding Land Use and Zoning: North - Mini-market and Single-Family Residences — General Commercial (GC) District and Low (L) Residential District South - Vacant— General Commercial (GC) District East - Single-Family Residences (legal, non-conforming) - General Commercial (GC) District • West - Single-Family Residences —City of Upland B. General Plan Designations: Project Site - General Commercial North - General Commercial South - General Commercial East - General Commercial • West - General Industrial EXHIBIT G • • O, --i4 PLANNING COMMISSION STAFF REPORT • CONDITIONAL USE PERMIT DRC2006-00337 AND VARIANCE DRC2006-00737 • November 14, 2007 Page 2 C. Site Characteristics: The proposed full service car wash will be located at the southeast corner of Arrow Route and Grove Avenue on a parcel of about 37,000 square feet (0.85 acre). The project site has dimensions of about 216 feet (north to south) by 175 feet (east to west). The site is currently developed with two buildings: on the east side there is an automotive repair garage with a small office of about 3,600 square feet that is operated by another individual. The property is bound on the east by single-family residences. To the north, across Arrow Route, are additional single-family residences and a mini-mart. To the south, is a vacant lot that appears to be in use for outdoor vehicle and materials storage. To the west, across the street, are single-family residences in the City of Upland. The zoning of the properties to the north, south, and east, and is General Commercial ' (GC) District. The subject property is generally level with an elevation at the north and south sides of about 1,212 feet and 1,210 feet, respectively. D. Parking Calculations: Parking For The Grove Plaza • Type of s'e Square Footage ;'Parking Ratio i.`'`` Spies Required. ' Auto Repair 3,659 1/400 9 (Building A) Car Wash 16 (Building B) 3,600 n/a (regardless of building size) • Total 25/25* spaces Required/ Provided .'wee-.ardan addltlonal:9.parking stalls oa;site that wilhtie used as an.airea`ta dry:vehicles. ANALYSIS: A. General: The applicant proposes a full service car wash of 3,300 square feet to replace • the existing body shop. The applicant proposes to operate the car wash daily from 8:30 a.m. to 5:30 p.m. The existing automotive repair garage will remain in place on the east side of the site and will continue to operate between 7:30 a.m. to 5:00 p.m. everyday except Sunday. The two existing points of access - one via Grove Avenue and the other via Arrow Route — will be relocated further south and east, respectively, to comply with the City's Engineering Department's technical requirements for driveway location/separation at street intersections. The proposed building will be a conventional type of construction consisting of wood or steel framing. The exterior will be finished with stucco in a palette of three different colors. An additional primary material will be stack stone veneer while a secondary material will be glass panels and decorative tiles. Key features include tower elements with tile roofs, a raised parapet with cornice, and a trellis element that covers the drive aisle where employees will vacuum cars and prepare the vehicles for the car wash P P (Exhibit F). The applicant also proposes to revise the exterior of the existing garage repair ara P 9 9 so that it will match the car wash (Exhibit E). Enhancements include new stucco finish, the addition of glass-paneled roll-up doors to replace the one-piece overhead door at each garage station, a raised parapet, the addition of "stackstone" veneer, and the construction of a 'tower' element at the office area. Furthermore, the existing parking lot will be • improved to comply with current City design and development standards including new paving, stall striping, and landscaping (Exhibit G). C,b, E-1 • PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00337 AND VARIANCE DRC2006-00737 • November 14, 2007 Page 3 B. Variance DRC2006-00737: The applicant is requesting a variance to allow a reduced parking setback along Arrow Route frontage of the project site. Per Section 17.10.040-A of the Development Code, the required setback (measured from ultimate curb face) is 30 feet. The applicant proposes a reduction to 20 feet (Exhibit D). The purpose of a variance is to provide flexibility from the strict application of development standards. In order to grant a request for a variance, the Planning Commission must make all of the following findings. Generally, these findings focus on unique or special circumstances applicable to a specific property. Following are facts to support the necessary findings: Finding 1: That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code. . Fact/s: The project is..impacted by both existing on-site development (e.g., the existing automotive repair shop - Building A) and new City requirements which affect the layout of the site. The property is Less than an acre (0.85) in size and is located at a key intersection which involves the incorporation of specific technical criteria for locating access points and on-site circulation patterns. Taken together these factors limit the net buildable area of the site and the location of on-site parking areas. Finding 2: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply • generally to other properties in the same zone. Facts: The subject site is located at the southeast corner of Grove Avenue and Arrow Route, an important intersection shared with the City of Upland. The project is required to construct public improvements in the form of a bus turnout lane and bus shelter along the Arrow Route frontage of the site. These improvements are significant for a relatively small lot and reduce the overall usable depth of the property, since setbacks along street frontages are measured from the ultimate curb face. In this case, the curb will be shifted south by about 10 feet for the bus turnout lane with the required setback line being similarly shifted south by the same distance. Moreover, the locations of the required access points (e.g., drive .approaches) onto the site are dictated by minimum intersection-to-driveway separation requirements administered• by the Engineering Department and intended to prevent right/left turn conflicts at the intersection. Thus, the • proposed reduction in the required 30-foot setback from Arrow Route will allow the • provision of necessary public improvements at the north end of the property and the • reasonable development of the 0.85-acre site in accordance with all other City standards and design objectives. Finding 3: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. Facts: Without benefit of the variance for the parking lot setback along the Arrow Route frontage, the applicant would be required to significantly alter the proposed project and/or site plan. The applicant and staff have worked on alternative layouts and determined that • the proposed layout is the most efficient and logical for the size of the property and the existing and proposed uses (i.e., the automotive repair shop and car wash) that will remain O/D,6-4(A PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00337 AND VARIANCE DRC2006-00737 • November 14, 2007 Page 4 • on-site. Except for relief in the required setback as requested by the applicant, the layout complies with the City's requirements for.on-site parking and circulation, Fire Department access, and landscaping overall. Finding 4: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact/s: The Variance to allow a reduced setback for the parking lot does not constitute a special privilege to the applicant. The site is relatively small and yet is subject to the same type of requirements that would apply to much larger commercial and industrial developments which are not impacted in the same manner by such requirements. Moreover, flexibility on the size and/or design of the bus turnout lane is limited by the short length of the property on Arrow Route to accommodate it and a drive approach which meet technical standards (e.g. width) for a commercial development. Finally, the reduced setback will not impact the applicants responsibility to comply with required drive aisle widths, parking space•dimensional standards, exterior lighting, and landscaping near the adjacent properties. Finding 5: The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Fact/s: The granting of this Variance request will not adversely appearance the a earance and characteristics of the surrounding area. In fact, the project has been designed to • significantly improve the overall use and appearance of the site at a significant entry point to the City. The project takes into account the appropriate orientation of the car wash in relation to the nearby residences and businesses, the location of the existing building on the site, on-site parking, and access. C. Grading and Technical Review Committees: The Grading Review Committee (Addington and James) reviewed the application on September 18, 2007. The Committee accepted the application and recommends approval. Their conditions have been incorporated into the Resolution of Approval. D. Design Review Committee: The Committee (Stewart, Munoz, and Nicholson) reviewed the project on September 18, 2007 (Exhibit J). The Committee accepted the application and recommends approval. Their conditions have been incorporated into the Resolution of Approval. E. Neighborhood Meeting: A neighborhood meeting was conducted on August 30, 2007, at Los Amigos Elementary School at 8646 Baker Avenue. All property owners within 660 feet of the subject property were notified of the meeting and invited to attend. Three persons from the community attended. They did not have any concerns about the project and attended to learn more information about the project. They considered it a significant improvement of the site. F. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that • Initial Study, City staff determined that, with the imposition of mitigation measures related b,6 -10 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT DRC2006-00337 AND VARIANCE DRC2006-00737 • November 14, 2007 Page 5 to biological resources, hydrology and water quality, noise, 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, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. RECOMMENDATION: Staff recommends approval of Conditional Use Permit DRC2006-00337 and Variance DRC2006-00737 through the adoption of the attached Resolutions of Approval with conditions. Respectfully submitted, Ja es R. Troyer, AICP Planning Director JRT:MS/ge Attachments: Exhibit A - Location Map Exhibit B - Aerial Map • Exhibit C - Site Plan Exhibit D - Site Plan (Variance) • Exhibit E - Building A Elevations and Building Section (typical) Exhibit F - Building B Elevations and Building Section (typical) Exhibit G - Building B Floor Plan Exhibit H - Landscape Plan Exhibit I - Correspondence from the Bichara Mitri (applicant) Exhibit J - Design Review Committee Action Comments, September 14, 2007 Exhibit K - Initial Study Draft Resolution of Approval for Development Review DRC2006-00337 Draft Resolution of Approval for Variance DRC2006-00737 • • •i . 9NOWH0 ONQNt b - - .. r , C '� _JI 1 11110 f4' r 1 I 'v Z`d 6 00-9\0 9 9Hl =Nbid 9115 I!U H I Y 8 1 • s — 'I I ', ' ' "i!? 0,;', W 0S ' I'1. 21 s` NI 1 ' - , — 4 3 y 1 91 rE ..:•:!...,7... w t x � a "I a, Y 4g 8 x l g p9 Br i f 1 7 t t - 50 4'i Q 14 ; 1 1 1 / I tl L i $j lsi Bi €1� hiih1Hh 8 7 I t1 A4„@ ladeibidi \' u.xw.K f l'; S e < Ii_— • el �::: L •��... 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HO 0 1100000 ®oe,oee is ail RIM D Illk w.am 0 KOHT I `f• - H- k U - - - - - - - 44:1 , .► t4 01 rr 0 op ►° n —.=_. o: . ': - t Y ..r4 . :--,..--. . ._ =Dimin.. 6 O , 0 ma , in A `. yri/ fir � , .�� O I 5 ��".lulu r�� �� � 4���� Q �iiRe Op — — EXHIBIT H — ]nN]Ab ';no19 - - l'in STilfI FepDR1 RESOLUTION NO. 12-49 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2012-00932, A REQUEST TO OPERATE A USED CAR SALES OFFJCE OF. 284 SQUARE FEET AND VEHICLE DISPLAY AREA OF ABOU 31800 SQUARE FEET AT,AN EXISTING COMMERCIAL SITE OF 37 000 ,�QUARE=FEET (0.85 ACRE) THAT IS COMPRISED OF AN AUTOMO,R9E-.REPAIR (BUILDING A) AND BODY SHOP (BUILDING B) WITH A'COMBINED-FLOOR AREA OF 5,676 SQUARE FEET IN THE GENERAL COMMERCIAL (GC) DISTRICT LOCATED AT 8517 GROVE AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0207-222-05. A. Recitals. 1. Elias Alfata, on behalf of Gabriel Mitri, filed an application for the issuance of Conditional Use Permit DRC2012-00932, 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 12th day of December 2012, 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 December 12, 2012, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel at the southeast corner of Arrow Route and Grove Avenue; and b. The project site is a square parcel of about 37,000 square feet (0.85 acre). The project site has dimensions of about 216 feet(north-south) by about 175 feet (east-west); and c. The site is currently developed with two(2)buildings with a combined floor area of 5,676 square feet. At the east side of the site, along the east property line, is a building of 3,876 square feet(Building A). Building A is occupied by an automotive repair business and tire retailer. At the west side of the site, near Grove Avenue, is a building of 1,800 square feet (Building B). Building B is occupied by an automotive body shop; and • C,D,E as PLANNING COMMISSION RESOLUTION NO. 12-49 CONDITIONAL USE PERMIT DRC2012-00932— ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 2 • d. The property is bound on the east by legal non-conforming single-family residences. To the north, across Arrow Route, are additional single-family residences and a liquor store. To the south is a vacant lot that appears to be in use for outdoor vehicle and materials storage. To the west, across the street, are single-family residences in the City of Upland; and e. The zoning of the properties to the east and south is General Commercial (GC) District. The zoning of one the properties to the north (the liquor store)is General Commercial(GC) District while the zoning of the other properties is Low (L) Residential District; and f. This application is in conjunction with Site Development Review DRC2012-00933 and Variance DRC2012-01123; and g. The proposal is to operate a used car sales office of 284 square feet in Building A, i.e. part of one of the existing garage spaces will be converted. Included in the proposal is a vehicle display area of about 3,800 square feet to be located at the northwest corner of the project site between Building B and Arrow Route; and h. Exterior modifications to Building A will be limited to the area around the new office. The modifications will consist of replacing the existing garage door with a storefront system (door/windows) and a smaller garage door; and i. The proposal does not include, nor require, the construction of a new building or expansion of the floor area of the existing buildings; and • j. The applicant will be the sole employee of the business; and k. The proposed hours/days of operation are 10:00 a.m. — 9:00 p.m., Monday — Thursday, and 8:00 a.m. — 10:00 p.m„ Friday—Sunday; and I. The combined floor area of the buildings is 5,676 square feet. The proposed and existing uses are classified as"Vehicle Sales, Repair, and Service"per Table 17.64.050-1 (Parking Requirements by Land Use)of the Development Code. Therefore, the required number of parking stalls is calculated using a ratio of one(1)stall per 400 square feet of building floor area. According to this ratio,fifteen(15)parking stalls are required for the proposed and existing uses-the applicant will construct nineteen (19) parking stalls; and m. The project site will comply with the development standards applicable to this zoning district as described in Article IV(Site Development Provisions)of the Development Code except the average landscape depth along Arrow Route and Grove Avenue. The applicant has submitted Variance DRC2012-01123 requesting a 15-foot reduction in the average landscape depth along Arrow Route from the required 45 feet to a proposed 30 feet and a 10-foot reduction in the average landscape depth along Grove Avenue from the required 35 feet to a proposed 25 feet. 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 use is allowed within the applicable zoning district and complies with • all other applicable provisions of the Zoning Code, Municipal Code, General Plan, and/or City regulations/standards. The proposal is to operate a used car sales office of 284 square feet in Building A with a vehicle display area of about 3,800 square feet. This use is classified within the PLANNING COMMISSION RESOLUTION NO. 12-49 CONDITIONAL USE PERMIT DRC2012-00932 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • Page 3 "Auto and Vehicle Sales and Rental" category and is permitted in the General Commercial (GC) District with the approval of a Conditional Use Permit. b. The site is physically suited for the type,density, and intensity of the proposed use including access , utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards except the average landscape depth ' along Arrow Route and Grove Avenue. The proposed landscape depth along Arrow Route will be 30 feet — the required average landscape depth along Arrow Route is 45 feet. The proposed landscape depth along Grove Avenue will be about 25 feet—the required average landscape depth along Grove Avenue is 35 feet. The applicant has submitted a Variance request for consideration by the Planning Commission. The proposed development, otherwise, meets all of the standards outlined in the Development Code and the design and development standards and policies of the Planning Commission and the City. c. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to properties or improvements in the vicinity. The project site is developed with automotive-oriented businesses—an automotive repair garage,a body shop and a tire retailer-with a combined floor area of about 5,676 square feet. The proposed land use is consistent with the land uses within the project site where it is located and the expectations of the community. • 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 2 exemption under State CEQA Guidelines Section 15301 —Existing Facilities—as the proposal is for minor interior and exterior building improvements and minor site improvements. There is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment,concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the operation of a used car sales office of 284 square feet and a vehicle display area of about 3,800 square feet at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of two (2) buildings with a combined floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue; APN: 0207-222-05. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. • 3) Any modification or intensification of the approved use, including any revisions to the operating hours, improvements including new building construction and/or expansion of the sales office floor area, and/or PLANNING COMMISSION RESOLUTION NO. 12-49 CONDITIONAL USE PERMIT DRC2012-00932 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 4 • other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require that this Conditional Use Permit be modified and/or an updated environmental analysis be completed as required under the California Environmental Quality Act (CEQA). 4) The hours/days of operation shall be as follows: 10:00 a.m. — 9:00 p.m., Monday— Thursday, and 8:00 a.m. — 10:00 p.m., Friday— Sunday. 5) The location of the display area for the vehicles that are available for sale shall be limited to the northwest corner of the project site between Building B and Arrow Route. The storage and/or display of vehicles outside of this specified area and/or on adjacent properties are not permitted. 6) Vehicles shall not be parked in, or encroach into, the public right-of- way such as the streets, public sidewalk, or driveways. • 7) All signs shall comply with Chapter 17.74(Sign Regulations for Private Property) of the Development Code and shall require the review and approval of a sign permit application by the Planning Director prior to installation. 8) 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. 9) All Conditions of Approval for Site Development Review DRC2012- 00933 and Variance DRC2012-01123 shall apply. Engineering Services Department 1) Dedicate additional street rights-of-way as follows, measured from street centerlines: a) Minimum of 50 total feet on Arrow Route. • b) Corner property line cutoff per City Standards. C , p,Ea � PLANNING COMMISSION RESOLUTION NO. 12-49 CONDITIONAL USE PERMIT DRC2012-00932— ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • • Page 5 2) Arrow Route frontage improvements shall be in accordance with City "Major Arterial Street" standards. a) Protect existing curb and gutter, drive approach and traffic signage. b) -Complete sidewalk from east property line to existing access • ramp at intersection with Grove Avenue. 3) Grove Avenue frontage improvements shall be in accordance with City "Secondary Arterial Street" standards. a) Protect existing curb and gutter, drive approaches, curbside drain outlet and traffic signage. b) Complete sidewalk from south property line to access ramp at intersection with Arrow Route. 4) Parkways shall slope at 2 percent from the right-of-way to the top of curb along the street frontage. 5) If trees will be located in the parkway, between back of curb and sidewalk,they shall conform to City standards for street trees, including • species and spacing to the satisfaction of the City Engineer. 6) Street improvement plans, including revisions to existing City drawings, shall be prepared by a registered Civil Engineer,and shall be submitted to and approved by the City Engineer. 7) Street improvement plans shall be 90 percent complete prior to the issuance of grading permits. Street improvement plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds, guaranteeing completion of the street improvements, shall be executed by the developer, prior to building permit issuance. 8) Prior to any work being performed in the public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. Fire Construction Services Submit plans to Building and Safety for fire review; include in the plans a copy of the CA Fire code Chapter 14 "Fire Safety During Construction and Demolition". The plans shall provide the building data such as square footage (existing and proposed) type of construction, occupancy group(s) and the number of stories; also, indicate if the building is equipped with • automatic fire sprinklers". Provide the following notes in the plans: 0)Ng a9. PLANNING COMMISSION RESOLUTION NO. 12-49 CONDITIONAL USE PERMIT DRC2012-00932 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 6 • "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. To schedule a fire inspection, please call (909) 477-2777 or go on line at www.rctops.org . Fire Construction Services (FCS) personnel can be reached at(909) 477-2713. 2) A Knox box must be purchased and installed in accordance with RCFPD policy, unless the Knox box already exists on the building. The policy and Knox box application are available at the Building and Safety counter. 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. The policy • is available at the Building and Safety counter. 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. The form is available at the Building and Safety counter. 6) If sprinkler modifications are required a separate plan must be submitted for review 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 until the rough piping is approved by the Fire Inspector. 7) If an automatic or manual fire alarm system (including fire sprinkler monitoring,) installation, repair or modifications are required, plans must be submitted separately for review and approval. Fire alarm work shall not commence until a permit is obtained. 8) If the building is equipped with automatic fire sprinklers the general contractor must confirm that the 5-year certification of the fire sprinkler system is current. The certificate must be affixed to the system riser. If the system is not certified, the General Contractor must contact the building owner. A qualified company must certify the system prior to final inspection. 9) The suite address must be installed on all exterior doors of the suite in • 4-inch high letters contrasting with the background. C1b ,e 5v • PLANNING COMMISSION RESOLUTION NO. 12-49 CONDITIONAL USE PERMIT DRC2012-00932 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • Page 7 10) The building address shall be posted on the building. 11) Fire safety during construction and demolition must be observed; please, familiarize yourself and your employees with the Chapter 14 regulations of the current editions of California Fire Code. 12) False alarms that summon the Fire Department caused by construction personnel will be charged a false alarm fee by the Fire Department. 13) The approval of these plans does not do not constitute approval of any building or fire code violation. Any code violation observed by the Fire Inspector must be corrected before Fire Construction Services grants an occupancy clearance. 14) The approval of these plans does not include work that may be shown on the plans which is not in the scope of the permit issued. Hazardous materials (including wholesale and retail exempt amounts), fire suppression/fire detection systems, merchandise display fixtures, storage racks, warehouse storage, production processes and/or equipment installation are explicitly excluded from this approval and will require separate plan check submittal and Fire Code permits. • . 15) It is the responsibility of the contractors working on this project to familiarize themselves and comply with the local construction plan review and inspection requirements of the RCFPD. Available online and the public counter are the RCFPD Ordinance, the RCFPD Standards and the RCFPD Guidance Documents. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF DECEMBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: Candyce Burnett, Senior Planner I, Candyce Burnett, Senior Planner 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 12th day of December 2012, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 12-49 CONDITIONAL USE PERMIT DRC2012-00932 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 8 • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • 110 ya COMMUNITY DEVELOPMENT , DEPARTMENT In Team- STANDARD CONDITIONS PROJECT #: DRC2012-00932 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: ELIAS ALFATA FOR GABRIEL MITRI LOCATION: 8517 GROVE AVENUE —APN: 0207-222-05 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 itGeneral 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 attorneys fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-49, 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. • ej6)6-33 1 Project No.DRC2012-00932 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 Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions /_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected-for. compliance prior to occupancy. - 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / /_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram,shall be reviewed and approved /_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building • permits. Such plan shall indicate style, illumination, location,height, and method of shielding so as not to adversely affect adjacent properties. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / /_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, / /_ including proper illumination. D. Shopping Centers 1. Provide for the following design features in each trash enclosure, to the satisfaction of the / /_ Planning Director: a. Architecturally integrated into the design of(the shopping center/the project). _/ /_ b. Separate pedestrian access that does not require the opening of the main doors and to /_/_ • include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. / / d. Roll-up doors. / / e. Trash bins with counter-weighted lids. / / f. Architecturally treated overhead shade trellis. / /� C y ,D,E-3 2 Project No. DRC2012-00932 Completion Date g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed _/_/_ to be hidden from view. • 2. Graffiti shall be removed within 72 hours. _/_/_ 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and /_/_ debris remain for more than 24 hours. 4. Signs shall be conveniently posted for"no overnight parking"and for "employee parking only." _/_/_ 5. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level -All commercial activities shall not create any noise that would exceed an _/_/ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. ` b. Loading and Unloading-No person shall cause the loading,unloading,opening,closing,or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m.unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an • architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main / /_ building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts / /_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/ /_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, _/_/_ and exits shall be striped per City standards. G. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in / /_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. • 2. Existing trees required to be preserved in place shall be protected with a construction barrier in / /_ accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The C)fS3S 3 Project No. DRC2012-00932 Completion Date location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. • 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building. 5. Landscaping and irrigation systems required to be installed within the public right-of-way on the / /_ perimeter of this project area shall be continuously maintained by the developer. 6. Landscaping and irrigation shall be designed to conserve water through the principles of water _/ /_ efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code. H. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location _/_/_ of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance 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; 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., DRC2012-00932) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to /_/_ the City prior to permit issuance. 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / /_ Building and Safety Department. • 4 Project No.DRC2012-00932 Completion Date J. 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). • K. New Structures . 1. Provide compliance with the California Building Code(CBC)for fire-resistiveness, accessibility _/_/_ to public buildings and California Building Energy Efficient Standards. 2. Provide draft stops in attic areas, and concealed spcaes,in accordance with CBC Section 1505. _/_/_ 3. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_ APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting _/_/_ Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. / /_ 2. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. N. General Requirements and Approvals 1. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall _/_/_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if 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 the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. 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. e, b,8-Y`1 5 Project No.DRC2012-00932 Completion Date 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. • 3. Lighting in exterior areas shall be in vandal-resistant fixtures. / / P. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within / /_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. / /_ 3. All roof openings giving access to the building shall be secured with either iron bars;metal gates, / /_ or alarmed. Q. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted /_/_ from frame or track in any manner. 2. Storefront windows shall be visible to passing pedestrians and traffic. / /_ 3. Security glazing is recommended on storefront windows to resist window smashes and impede _/_/_ entry to burglars. R. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime /_/ visibility. S. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and / /_ employees on the operation of the alarm system will reduce the amount of false alarms and in turn 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 PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE RESOLUTION • 6 RESOLUTION NO. 12-50 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SITE DEVELOPMENT REVIEW DRC2012-00933,A REQUEST TO MODIFY THE PARKING LOT IN CONJUNCTION WITH A PROPOSED USED CAR SALES OFFICE AND VEHICLE DISPLAY AREA AT AN EXISTING . COMMERCIAL SITE OF 37,000 SQUARE FEET (0.85 ACRE) THAT IS COMPRISED OF AN AUTOMOTIVE REPAIR (BUILDING A) AND BODY SHOP (BUILDING B) WITH A COMBINED FLOOR AREA OF 5,676 SQUARE FEET WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT LOCATED AT 8517 GROVE AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0207-222-05. A. Recitals. 1. Elias Alfata, on behalf of Gabriel Mitri, filed an application for the issuance of Site Development Review DRC2012-00933, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Site Development Review request is referred to as "the application." 2. On the 12th day of December 2012, 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 December 12, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel at the southeast corner of Arrow Route and Grove Avenue; and b. The project site is a square parcel of about 37,000 square feet (0.85 acre). The project site has dimensions of about 216 feet(north to south) by about 175 feet(east to west); and c. The site is currently developed with two(2)buildings with a combined floor area of 5,676 square feet. At the east side of the site, along the east property line, is a building of 3,876 square feet(Building A). Building A is occupied by an automotive repair business and tire retailer. At the west side of the site, near Grove Avenue, is a building of 1,800 square feet (Building B). Building B is occupied by an automotive body shop; and • 0,6),E PLANNING COMMISSION RESOLUTION NO. 12-50 SITE DEVELOPMENT REVIEW DRC2012-00933 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 2 • d. The property is bound on the east by legal non-conforming single-family residences. To the north, across Arrow Route, are additional single-family residences and a liquor store. To the south is a vacant lot that appears to be in use for outdoor vehicle and materials storage. To the west, across the street, are single-family residences in the City of Upland; and e. The zoning of the properties to the east and south is General Commercial (GC) District. The zoning of one the properties to the north(the liquor store)is General Commercial(GC) District while the zoning of the other properties is Low(L) Residential District; and f. This application is in conjunction with Conditional Use Permit DRC2012-00932 and • Variance DRC2012-01123; and g. The proposal is to operate a used car sales office of 284 square feet in Building A, i.e. part of one of the existing garage spaces will be converted. Included in the proposal is a vehicle display area of about 3,800 square feet to be located at the northwest corner of the project site between Building B and Arrow Route; and h. Exterior modifications to Building A will be limited to the area around the new office. The modifications will consist of replacing the existing garage door with a storefront system (door/windows)and a smaller garage door; and i. The proposal does not include, nor require, the construction of a new building or expansion of the floor area of the existing buildings; and • j. The combined floor area of the buildings is 5,676 square feet. The proposed and existing uses are classified as"Vehicle Sales, Repair, and Service"per Table 17.64.050-1 (Parking Requirements by Land Use)of the Development Code. Therefore,the required number of parking stalls is calculated using a ratio of one(1)stall per 400 square feet of building floor area. According to this ratio,fifteen(15)parking stalls are required for the proposed and existing uses-the applicant will construct nineteen (19) parking stalls; k. As the site was developed prior to the incorporation of the City,the parking lot area generally does not comply with the City's current design and technical standards. The applicant will construct new parking lot improvements including a slurry coat, landscaping (trees and ground cover), parking stall striping,and parking lot lights. Existing vehicular and pedestrian access to the project site will not be substantially altered; and I. The project site will comply with the development standards applicable to this zoning district as described in Article IV(Site Development Provisions) of the Development Code except the average landscape depth along Arrow Route and Grove Avenue. The applicant has submitted Variance DRC2012-01123 requesting a 15-foot reduction in the average landscape depth along Arrow Route from the required 45 feet to a proposed 30 feet and a 10-foot reduction in the average landscape depth along Grove Avenue from the required 35 feet to a proposed 25 feet. 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 project is consistent with the objectives of the Development Code and the purposes of the district in which the site is located. The project is consistent with the function and intent of the commercial site and does not affect the surrounding commercial and PLANNING COMMISSION RESOLUTION NO. 12-50 SITE DEVELOPMENT REVIEW DRC2012-00933 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • Page 3 residential properties. Existing development on the site pre-dates the City's incorporation and generally does not comply with the City's current design and technical standards. Following the completion of the proposed parking lot improvements the project site will result in closer compliance to the current design and technical standards. b. The proposed project, 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 developed with automotive-oriented businesses— an automotive repair garage, a body shop and a tire retailer-with a combined floor area of about 5,676 square feet. The proposed land use is consistent with the land uses within the project site where it is located and the expectations of the community. c. The proposed project will comply with each of the applicable design/technical standards and guidelines of the Development Code except the average landscape depth along Arrow Route and Grove Avenue. The applicant has submitted Variance DRC2012-01123 requesting a 15-foot reduction in the average landscape depth along Arrow Route from the required 45 feet to a proposed 30 feet and a 10-foot reduction in the average landscape depth along Grove Avenue from the required 35 feet to a proposed 25 feet. The proposed development, otherwise, meets all of the standards outlined in the Development Code and the design and development standards and policies of the Planning Commission and the City. • d. The proposed project is consistent with the General Plan. It will operate within a project site that is developed with automotive-oriented businesses—an automotive repair garage,a body shop and a tire retailer. The proposed use will be complementary to these land uses. The proposed use will increase local access to the full range of retail needs and diversify the City's retail base. 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 2 exemption under State CEQA Guidelines Section 15301 —Existing Facilities—as the proposal is for minor interior and exterior building improvements and minor site improvements. There is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for modification of a parking lot in conjunction with the operation of a used car sales office of 284 square feet and a vehicle display area of about 3,800 square feet at an existing commercial site of 37,000 square feet(0.85 acre)that is comprised of two (2)buildings • with a combined floor area of 5,676 square feet within the General Commercial (GC) District located at 8517 Grove Avenue; APN: 0207- 222-05. PLANNING COMMISSION RESOLUTION NO. 12-50 SITE DEVELOPMENT REVIEW DRC2012-00933 - ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 4 • 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) Any modifications of the site beyond what is specifically approved by this Site Development Review shall require the review and approval by the Planning Director prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. 4) All 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. 5) All doors shall match the color of the adjacent wall. 6) All signs shall comply with Chapter 17.74(Sign Regulations for Private Property) of the Development Code and shall require the review and approval of a sign permit application by the Planning Director prior to installation. 7) 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. 8) All Conditions of Approval for Conditional Use Permit DRC2012-00932 and Variance DRC2012-01123 shall apply. Engineering Services Department 1) Dedicate additional street rights-of-way as follows, measured from street centerlines: a) Minimum of 50 total feet on Arrow Route. b) Corner property line cutoff per City Standards. 2) Arrow Route frontage improvements shall be in accordance with City "Major Arterial Street" standards. • a) Protect existing curb and gutter, drive approach and traffic signage. PLANNING COMMISSION RESOLUTION NO. 12-50 SITE DEVELOPMENT REVIEW DRC2012-00933 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • Page 5 b) Complete sidewalk from east property line to existing access ramp at intersection with Grove Avenue. 3) Grove Avenue frontage improvements shall be in accordance with City "Secondary Arterial Street" standards. a. Protect existing curb and gutter,drive approaches,curbside drain outlet and traffic signage. . b. Complete sidewalk from south property line to access ramp at intersection with Arrow Route. 4) Parkways shall slope at 2 percent from the right-of-way to the top of curb along the street frontage. 5) If trees will be located in the parkway, between back of curb and sidewalk,they shall conform to City standards for street trees, including species and spacing to the satisfaction of the City Engineer. 6) Street improvement plans, including revisions to existing City drawings, shall be prepared by a registered Civil Engineer,and shall be submitted to and approved by the City Engineer. • 7) Street improvement plans shall be 90 percent complete prior to the issuance of grading permits. Street improvement plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds, guaranteeing completion of the street improvements, shall be executed by the developer, prior to building permit issuance. 8) Prior to any work being performed in the public right-of-way,fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. Fire Construction Services Submit plans to Building and Safety for fire review; include in the plans a copy of the CA Fire code Chapter 14 "Fire Safety During Construction and Demolition". The plans shall provide the building data such as square footage (existing and proposed) type of construction, occupancy group(s) and the number of stories; also, 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. To schedule a fire inspection, please call (909) 477-2777 or go on line at PLANNING COMMISSION RESOLUTION NO. 12-50 SITE DEVELOPMENT REVIEW DRC2012-00933 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 6 • www.rctops.org . Fire Construction Services (FCS) personnel can be reached at(909)477-2713. 2) A Knox box must be purchased and installed in accordance with RCFPD policy, unless the Knox box already exists on the building. The policy and Knox box application are available at the Building and Safety counter. 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. The policy is available at the Building and Safety counter. • 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. The form is available at the Building and Safety counter. 6) If sprinkler modifications are required a separate plan must be submitted for review 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 until the rough piping is approved by the Fire Inspector. 7) If an automatic or manual fire alarm system (including fire sprinkler monitoring,) installation, repair or modifications are required, plans must be submitted separately for review and approval. Fire alarm work shall not commence until a permit is obtained. 8) If the building is equipped with automatic fire sprinklers the general contractor must confirm that the 5-year certification of the fire sprinkler system is current. The certificate must be affixed to the system riser. If the system is not certified, the General Contractor must contact the building owner. A qualified company must certify the system prior to final inspection. 9) The suite address must be installed on all exterior doors of the suite in 4-inch high letters contrasting with the background. 10) The building address shall be posted on the building. 11) Fire safety during construction and demolition must be observed; please, familiarize yourself and your employees with the Chapter 14 regulations of the current editions of California Fire Code. • 12) False alarms that summon the Fire Department caused by construction • personnel will be charged a false alarm fee by the Fire Department. c, big-4L4 PLANNING COMMISSION RESOLUTION NO. 12-50 SITE DEVELOPMENT REVIEW DRC2012-00933 — ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 • Page 7 13) The approval of these plans does not do not constitute approval of any building or fire code violation. Any code violation observed by the Fire Inspector must be corrected before Fire Construction Services grants an occupancy clearance. 14) The approval of these plans does not include work that may be shown on the plans which is not in the scope of the permit issued. Hazardous materials (including wholesale and retail exempt amounts), _fire suppression/fire detection systems, merchandise display fixtures, storage racks, warehouse storage, production processes and/or equipment installation are explicitly excluded from this approval and will require separate plan check submittal and Fire Code permits. 15) It is the responsibility of the contractors working on this project to familiarize themselves and comply with the local construction plan review and inspection requirements of the RCFPD. Available online and the public counter are the RCFPD Ordinance, the RCFPD Standards and the RCFPD Guidance Documents. 6. The Secretary to this Commission shall certify the adoption of this Resolution. • APPROVED AND ADOPTED THIS 12TH DAY OF DECEMBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Frances Howdyshell, Chairman ATTEST: Candyce Burnett, Senior Planner I, Candyce Burnett, Senior Planner,= 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 12th day of December 2012, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • ABSTAIN: COMMISSIONERS: CAE-1-15 rta COMMUNITY DEVELOPMENT It-. DEPARTMENT :5 STANDARD CONDITIONS PROJECT #: DRC2012-00933 SUBJECT: SITE DEVELOPMENT REVIEW APPLICANT: ELIAS ALFATA FOR GABRIEL MITRI LOCATION: 8517 GROVE AVENUE—APN: 0207-222-05 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents,officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-50, 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. B. Time Limits 1. Site Development 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. i• 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. C j Di 6-4110 1 • Project No.DRC2012-00933 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/ /_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety • Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all /_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height,and method of shielding so as not to adversely affect adjacent properties. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / /_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. D. Shopping Centers • 1. Provide for the following design features in each trash enclosure, to the satisfaction of the _/_/_ Planning Director: a. Architecturally integrated into the design of(the shopping center/the project). / /_ b. Separate pedestrian access that does not require the opening of the main doors and to _/ /_ include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. / / d. Roll-up doors. _/_/_ e. Trash bins with counter-weighted lids. / /_ f. Architecturally treated overhead shade trellis. / / g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed _/_/_ to be hidden from view. 2. Graffiti shall be removed within 72 hours. / / 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / /_ debris remain for more than 24 hours. 4. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." / /_ 5. All operations and businesses shall be conducted to comply with the following standards which • shall be incorporated into the lease agreements for all tenants: C, 13,1- 0 2 • Project No. DRC2012-00933 Completion Date a. Noise Level - All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the • hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading,unloading,opening,closing,or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m.unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/ /_ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main / /_ building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts _/_/_ • a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/ /_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, / /_ and exits shall be striped per City standards. G. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in / /_ accordance with the Municipal Code Section 19.08.110,and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/ /_ stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one / /_ tree per 30 linear feet of building. • 5. Landscaping and irrigation systems required to be installed within the public right-of-way on the /_/_ perimeter of this project area shall be continuously maintained by the developer. 3 Project No. DRC2012-00933 Completion Date • 6. Landscaping and irrigation shall be designed to conserve water through the principles of water _/ /_ efficient landscaping as defined in Ordinance 823 of the Rancho Cucamonga Municipal Code H. Other Agencies • 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location / /_ of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance 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; 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., DRC2012-00933) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/ /_ Building and Safety Department. J. 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). • K. New Structures 1. Provide compliance with the California Building Code(CBC)for fire-resistiveness, accessibility / /_• to public buildings and California Building Energy Efficient Standards. • C, (15-49 4 Project No. DRC2012-00933 Completion Date 2. Provide draft stops in attic areas,and concealed spcaes, in accordance with CBC Section 1505. _/ /_ • 3. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_ APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting _/_/_ Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. M. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. / /_ 2. Water and sewer plans shall be designed and constructed to meet the requirements of the _/ /_ Cucamonga Valley Water District(CVW D), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. N. General Requirements and Approvals • 1. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall / /_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if 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 the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. /_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with / /_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. _/_/_ P. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within _/_/_ • 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. • 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. _/_/_ 5 Project No.DRC2012-00933 Completion Date 3. All roof openings giving access to the building shall be secured with either iron bars,metal gates, _/_/_ or alarmed. Q. Windows • 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted / /_ from frame or track in any manner. 2. Storefront windows shall be visible to passing pedestrians and traffic. _/_/_ 3. Security glazing is recommended on storefront windows to resist window smashes and impede _/_/_ entry to burglars. • R. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/ /_ visibility. S. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and _/_/_ employees on the operation of the alarm system will reduce the amount of false alarms and in turn 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 PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING • CONDITIONS: SEE RESOLUTION • • C,p,E—sl RESOLUTION NO. 12-51 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2012-01123 A REQUEST TO ALLOW A REDUCTION IN THE AVERAGE LANDSCAPE DEPTH ALONG ARROW ROUTE AND GROVE AVENUE IN CONJUNCTION WITH A REQUEST TO OPERATE A USED CAR SALES OFFICE OF 284 SQUARE FEET AND VEHICLE DISPLAY AREA OF ABOUT 3,800 SQUARE FEET AT AN EXISTING COMMERCIAL SITE OF 37,000 SQUARE FEET (0.85 ACRE) THAT IS COMPRISED OF AN AUTOMOTIVE REPAIR(BUILDING A)AND BODY SHOP(BUILDING B) WITH A COMBINED FLOOR AREA OF 5,676 SQUARE FEET WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT LOCATED AT 8517 GROVE AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0207-222-05. A. Recitals. 1. Elias Alfata, on behalf of Gabriel Mitri, filed an application for the issuance of Variance DRC2012-01123 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 12th day of December 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. • 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on December 12, 2012, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel at the southeast corner of Arrow Route and Grove Avenue; and b. The project site is a square parcel of about 37,000 square feet (0.85 acre). The project site has dimensions of about 216 feet(north to south) by about 175 feet(east to west); and c. The site is currently developed with two(2)buildings with a combined floor area of 5,676 square feet. At the east side of the site, along the east property line, is a building of 3,876 square feet(Building A). Building A is occupied by an automotive repair business and tire retailer. • At the west side of the site, near Grove Avenue, is a building of 1,800 square feet (Building B). Building B is occupied by an automotive body shop; and PLANNING COMMISSION RESOLUTION NO. 12-51 VARIANCE DRC2012-01123 - ELIAS ALFATA FOR GABRIEL MITRI December 12, 2012 Page 2 • d. The property is bound on the east by legal non-conforming single-family residences. To the north, across Arrow Route, are additional single-family residences and a liquor store. To the south is a vacant lot that appears to be in use for outdoor vehicle and materials storage. To the west, across the street, are single-family residences in the City of Upland; and e. The zoning of the properties to the east and south is General Commercial (GC) District. The zoning of one the properties to the north (the liquor store)is General Commercial(GC) District while the zoning of the other properties is Low(L) Residential District; and f. This application is in conjunction with Conditional Use Permit DRC2012-00932 and Site Development Review DRC2012-00933; and g. The applicant is requesting a Variance to allow a reduction in the average landscape depth along Arrow Route and Grove Avenue. Arrow Route and Grove Avenue are classified as a Major Arterial and a Local Street, respectively, per Figure CM-2 of the General Plan. The required average landscape depth is a horizontal dimension measured from the curb face to the interior edge of the landscaped area. Along Arrow Route the required dimension is 45 feet while along Grove Avenue it is 35 feet per Table 17.36.030-2 of the Development Code. The applicant proposes an average landscape depth of 30 feet along Arrow Route and about 25 feet along Grove Avenue. 3. Based upon the substantial evidence presented to this Commission during the • above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. The automotive sales business is proposed at a location that is developed with two(2) buildings and dominated by asphalt paving. The applicant proposes to have the display area between Building B and Arrow Route. In order to comply with the required average landscape depth along both Arrow Route and Grove Avenue,the applicant would have to reduce the proposed size of the display area from about 3,800 square feet to about 2,240 square feet (a reduction of about 40 percent). This would result in an impractically small display area. An alternate location is not feasible as there are existing on-site constraints such as the location of the buildings and driveways, and the location of new(and required) improvements such as parking stalls, interior landscaping, and drive aisles for regular and emergency vehicle access/circulation through the property. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. Based on a review of aerial photos taken around the late 1960's,the existing development on the site pre-dates the City's incorporation. As a result, the existing development does not comply with the City's current design and technical standards. For example, Building B is about 26 feet from the curb along Grove Avenue; the required building setback along that street is 35 feet. Also, there are several driveways and associated drive aisles along Arrow Route and Grove Avenue that are in areas(and still in use)that otherwise could be replaced with landscaping which, in turn, would increase landscape coverage and depth. Lastly, there are areas within the interior of the site that are used for parking or circulation and, therefore, cannot be • used as alternate locations for the display area. D./5-5-3 PLANNING COMMISSION RESOLUTION NO. 12-51 VARIANCE DRC2012:01123 — ELIAS ALFATA for GABRIEL MITRI December 12, 2012 Page 3 • c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. In order to comply with the required average landscape depth along Arrow Route and Grove Avenue, the applicant would have to reduce the proposed size of the display area by about 40 percent from about 3,800 square feet (47 feet x 80 feet) to about 2,240 square feet (32' feet x 70 feet). This would result in an impractically small display area that would only for a limited number of cars to be displayed at any given time. Note that these area calculations include the unoccupied portions of the display area, i.e. empty spaces between the cars that is necessary for the cars to be maneuvered within the display area. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. The principal purpose of the landscape depth standard is to provide an aesthetic`buffer'of a reasonable size and area between the street and on-site improvements such as buildings and paved areas. Although the applicant is requesting a reduction in the average landscape depth along Arrow Route and Grove Avenue, the landscaping that is proposed will comply with the required minimum landscape depths per Table 17.36.030-2 of the Development Code. Furthermore, the combined area of the landscape coverage proposed by the applicant is about 5,800 square feet. This is approximately 16 percent of the project site. Per Table 17.36.030-1 of the Development Code, the minimum percentage of open space (landscaping) required in the General Commercial (GC) District is 10 percent. The applicant will also provide landscape planters in the parking lot that will be comprised of one (1)tree per three(3)parking stalls and ground cover/shrubs. Staff notes that the landscape standards generally apply to new development and sites undergoing substantial • redevelopment. As the site is already developed, the landscaping provided is a significant enhancement. e. That the granting of the Variance will not be detrimental to the public health,safety or welfare,or materially injurious to properties or improvements in the vicinity. The reduced average landscape depth along Arrow Route and Grove Avenue will not affect neighboring properties and/or property owners. Practical differences in the physical attributes/characteristics between the lots in the surrounding area and the project site will be limited. The site was developed prior to the date of the City's incorporation and generally does not comply with the City's standards relating to landscaping. As such, existing landscaping is limited to the southwest corner of the site. The remainder of the site is paved with asphalt. About 50 percent of the landscaping proposed by the applicant will be along Arrow Route and Grove Avenue. The landscaping that will be provided will enhance the aesthetics of the project site and will be a benefit to the neighborhood. 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 2 exemption under State CEQA Guidelines Section 15301 —Existing Facilities—as the proposal is for minor interior and exterior building improvements and minor site improvements. There is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption,and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth • below. C,c,e -5y PLANNING COMMISSION RESOLUTION NO. 12-51 VARIANCE DRC2012-01123— ELIAS ALFATA for GABRIEL MITRI • December 12, 2012 Page 4 Planning Department • 1) Approval is for a reduction in the average landscape depth along Arrow Route and Grove Avenue in conjunction with a request to operate a used car sales office of 284 square feet and vehicle display area of about 3,800 square feet at an existing commercial site of 37,000 square feet (0.85 acre) that is comprised of two (2) buildings with a combined floor area of 5,676 square feet in the General Commercial (GC) District located at 8517 Grove Avenue; APN: 0227-012-24. 2) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) All Conditions of Approval for Conditional Use Permit DRC2012-00932 and Site Development Review DRC2012-00933 shall apply. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF DECEMBER 2012. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: Frances Howdyshell, Chairman ATTEST: Candyce Burnett, Senior Planner I, Candyce Burnett, Senior Planner 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 12th day of December 2012, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • c -Ss • COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2012-01123 SUBJECT: VARIANCE APPLICANT: ELIAS ALFATA FOR GABRIEL MITRI LOCATION: 8517 GROVE AVENUE -APN: 0207-222-05 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. 12-51, 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. B. Time Limits 1. Variance 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. of 1 Project No. DRC2012-01123 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety • Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4, Revised site plans and building elevations incorporating all Conditions of Approval shall be /_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved /_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. • • 2 SIGN-IN SHEET PLANNING COMMISSION MEETING December 12, 2012 NAME COMPANY 1 ADDRESS p� �l L�, t1�li il, C G 4i �l i -Jd,,-y, _ Ma Mayor Pro or L. DENNIS MICHAEL•Ma Tern SAM SPAGNOLO )A2� 'qLL 9Tut Y y f` council Members WILLIAM J.ALEXANDER, CHUCK BUQUET, DIANE WILLIAMS )r City Manager JOHN R. GILLISON r; - u''} THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA December 12, 2012 NOTICE AND ORDER Owner: Cucamonga Valley Water District 10440 Ashford Street Rancho Cucamonga, CA 91730 Property Address: 9591 San Bernardino Road Rancho Cucamonga, CA 91730 (China House) APN: 0208-15-124-0000 AN INSPECTION OF THE PROPERTY ON DECEMBER 6. 2012 REVEALED THE FOLLOWING: The Building and Safety Services Director, acting pursuant to the Uniform Code for the Abatement of Dangerous Building, (UCABD), Section 302, has found the•structure(s) on the property to be dangerous. - • • The roof diaphragm and framing providing structural stability for the building are badly damaged and disconnected from the exterior walls. • Exterior bearing walls have signs of major cracking, movement and deterioration to the point that the structural integrity is very unstable and it is subject to a complete collapse. • Exterior porches have been separated from the exterior walls of the building and they are incapable to resist the lateral forces from wind and earthquake. • The overall structural condition of the building is unsafe, damaged, settled to the extent that the structural strength and stability is materially less than the minimum requirements of the building code. • The conditions of the building/structure at the site meet the requirements and definitions • of Section 302 (4), (5), (6), (7), (8), (9), (10), (11), (12), (17) of the UCADB as the dangerous building. • Therefore, this Notice and Order serve as a notice to the owner of the building that the Building and Safety Services Director requires the following action to be taken: • yrcaeA 10500 Civic Center Dr.• P.O. Box 807• Rancho Cucamonga,CA 91729-0807•Tel (909)477-2700•Fax(909)477-2849•wwvaCiryofRC.us Gf Notice and Order China House APN: 0208-15-124-0000 Page 2 • The building/structure must be demolished within 60 days from the date of service of this Notice. The owner of the building shall obtain appropriate permits of demolition from the City. The Owner who has the record title or legal interest may appeal this Notice, provided the Appeal is made in writing and filed with the Building and Safety Services Director within 30 days from — the date of service of this Notice. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. For additional information, you can contact the undersigned official at (909) 477-2710, extension 4201. • Sincerely, ity Trang Huynh, P.E. Building and Safety Services Director City of Rancho Cucamonga Email: thuynh@cityofrc.us cc: Mark Berg, Building Inspection Supervisor 4 n At p. A Tf "h. } • 1997 ABATEMENT OF DANGEROUS BUILDINGS 301 302 y • Chapter 3 DEFINITIONS SECTION 301 — GENERAL - 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural For the purpose of this code, certain terms, phrases, words and portions have materially less resistance 10 winds or earthquakes their derivatives shall be construed as specified in either this chap- than is required in the case of similar new construction. ter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary ac- S. Whenever the building or structure,or any portion thereof, cepted meanings within the context with which they are used. because of(i)dilapidation,deterioration or decay;(iii faulty con- Webster S Third New International Dictionary of the English Lan- struction; (iii)the removal,movement or instability of any portion guage, Unabridged, copyright 1986,shall be construed as provid- of the ground necessary for the purpose of supporting such build- ing ordinary accepted meanings. Words used in the singular ing;(iv)the deterioration,decay or inadequacy of its foundation; include the plural and the plural the singular. Words used in the or(v)any other cause,is likely to partially or completely collapse. masculine gender include the feminine and the feminine the mas- 9. Whenever, for any reason,the building or structure,or any culine. portion thereof,is manifestly unsafe for the purpose for which it is BUILDING CODE is the Uniform Building Code promul- being used. gated by the International Conference of Building Officials, as 10. Whenever the exterior walls or other vertical structural adopted by this jurisdiction. members list, lean or buckle to such an extent that a plumb line DANGEROUS BUILDING is any building or structure passing through the center of gravity does not fall inside the deemed to be dangerous under the provisions of Section 302 of middle one third of the base. this code. 11. Whenever the building or structure,exclusive of the foun- HOUSING CODE is the Uniform Housing Code promulgated dation, shows 33 percent or more damage or deterioration of its by the International Conference of Building Officials,as adopted supporting member or members,or 50 percent damage or deterio- by this jurisdiction. ration of its nonsupporting members,enclosing or outside walls or _... - coverings. °�- - 12. Whenever the building or structure has been so damaged by SECTION 302—DANGEROUS BUILDING fire,wind,earthquake or flood,or has become so dilapidated or For the purpose of this code, any building or structure which has deteriorated as to become 0)an attractive nuisance to children;(ii) any or all of the conditions or defects hereinafter described shall a harbor for vagrants,criminals or immoral persons;or as to(iii) be deemed to be a dangerous building,provided that such condi- enable persons to resort thereto for the purpose of committing un- tions or defects exist to the extent that the life,health,property or lawful or immoral acts., safety of the public or its occupants are endangered. 13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged prohibition applicable to such building or structure provided by as to provide safe and adequate means of exit in case of fire or pan- the building regulations of this jurisdiction, as specified in the p q Building Code or Housing Code,or of any law or ordinance of this ic. state or jurisdiction relating to the condition,location or structure 2. Whenever the walking surface of any aisle, passageway, of buildings. stairway or other means of exit is so warped,worn,loose,torn or 14. Whenever any building or structure which,whether or not otherwise unsafe as to not provide safe and adequate means of exit erected in accordance with all applicable laws and ordinances,has in case of fire or panic. in any nonsupporting part,member or portion less than 50 percent, 3. Whenever the stress in any materials, member or portion or in any supporting part,member or portion less than 66 percent thereof, due to all dead and live loads, is more than one and one of the(i)strength, (ii)fire-resisting qualities or characteristics,or half times the working stress or stresses allowed in the Building (iii)weather-resisting qualities or characteristics required by law Code for new buildings of similar structure,purpose or location. in the case of a newly constructed building of like area,height and 4: Whenever any portion thereof has been damaged by fire, occupancy in the same location. earthquake,wind,flood or by any other cause,to such an extent 15. Whenever a building or structure, used or intended to be that the structural strength or stability thereof is materially less used for dwelling purposes,because of inadequate maintenance, than it was before such catastrophe and is less than the minimum dilapidation,decay,damage,faulty construction or arrangement, requirements of the Building Code for new buildings of similar inadequate light,air or sanitation facilities,or otherwise,is deter- structure, purpose or location. mined by the health officer to be unsanitary,unfit for human habi- 5. Whenever any portion or member or appurtenance thereof is Cation or in such a condition that is likely to cause sickness or likely to fail,or to become detached or dislodged,or to collapse disease. and thereby injure persons or damage property. 16. Whenever any building or structure, because of obsoles- 6. Whenever any portion of a building, or any member,appur- cence, dilapidated condition, deterioration, damage, inadequate tenance or ornamentation on the exterior thereof is not of suffi-. exits,lack of sufficient fire-resistive construction,faulty electric cient strength or stability, or is not so anchored, attached or wiring,gas connections or heating apparatus,or other cause,is de- fastened in place so as to be capable of resisting a wind pressure of tennined by the fire marshal to be a fire hazard. one half of that specified in the Building Code for new buildings of 17. Whenever any building or structure is in such a condition as similar structure,purpose or location without exceeding the work- to constitute a public nuisance known to the common law or in ey- ing stresses permitted in the Building Code for such buildings. uity jurisprudence. . 5 302 1997 ABATEMENT OF DANGEROUS BUILDINGS ' � t I 18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or struc- . tare or whenever any building or structure is abandoned for a peri- od in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. • • • • 6 ..3 i & . . ... ... : .. . :•.: . ... ;f: .4:1;•. . "..:>..:'.: .... ...: .'.E,'.'i... .:..J:; 1:..:. ... � .. � Ste. : „ cn o 3s; :� C.+, � L • t� X7,3 :. a4 - _�_ c'r',^ �+ L :` r •g� y� � :� L -� dt � ar "fpm " • ' i.d _ 0` O ` b _ - (� :(2 s � 9ti • ,L , 1 ®. UC Ei (� '� A � .� by? EU � .�:;7$7:',',ft�a as i4>• , •,. 'N (O fir ` m A+ A+ t „` tr L .(V • �d DTs. : " to t 77) '' 4'. r° U. � "r � �'>� .� CGS�J � C� E,�'. :€J_ ,<�.Vii'. ' .. rt\ HISTORIC PRESERVATION COMMISSION Lh AND PLANNING COMMISSION MINUTES RANCHO NOVEMBER 28, 2012 CUCAMONGA Page 2 A. VACATION V-220 — LVD RANCHO CUCAMONG olfcC�t to vacate the blanket drainage easement over Lots 56, 57, 58 and„59!fTract Map 16776, generally located at the northeast corner of Base Line Road nd'Forester Place —APN 227-693-56, 57, 58 and 59 Related File: DRC2012-00740. Motion: Moved by, seconded, y, to adopt the Consent Calendar as presented Motion carried by the following vote: AYES: FLETCH W4OWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NO ABSENT: E ABST NONE carried 5-0 V. . PUBLIC HEARINGS/PLANNING COMMISSION B. DEVELOPMENT CODE AMENDMENT DRC2012-01056 AND ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR) (SCH #2000061027) - CITY OF RANCHO CUCAMONGA - A supplemental update to the Development Code Update (DRC2010-00571) to amend Article II (Land Use and Development Procedures), Article III (Zoning Districts, Allowed Uses and Development Standards), Article IV (Site Development Provisions) and Article V (Specific Use Requirements) of Title 17 (Development Code) as well as a proposed addendum to the General Plan Final Program Environmental Impact Report (FPEIR). This action will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner presented the staff report and a PowerPoint presentation (copy on file). In response to Vice Chairman Fletcher, Ms. Nakamura said some of the residential systems are now under $700 and within reach of more people. She said the technology is ever changing and staff is trying to stay ahead of those trends. She said it would not make sense to ask for screening of the units but the aesthetic compromise is to limit the height similar to chimneys. In response to Chairman Howdyshell, the roofline is the same for single and two-story homes at 35 feet; by Code they cannot go over 15 feet above the roofline. She added some requests have come in but like satellite dishes, the size may decrease over time. She said the General Plan supports the development of alternative energy sources. Commissioner Oaxaca, asked with respect to the requirement for these systems to be connected to the electrical provider, if a property owner could use the system to simply recharge a battery or store the power. Ms Nakamura said staff has not encountered this type of use, but will look into this. She said the use is limited to start with allowing these in the Very Low Residential and Medium High and High Residential Districts. 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