HomeMy WebLinkAbout1994/09/28 - Agenda Packet RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBER
10500 CIVIC CENTER DRIVE
R~NCHO CUC~MONGA, CALIFORNIA
I. Pledge of Allegiance
II. Roll call
Chairman Barker Commissioner Melcher
Vice chairman McNiel __ Commissioner Tolstoy
Commissioner Lumpp
III. Announcements
PROCLAMATION FOR PAMELA S. HENRY
IV. Consent Calendar
The following Consent Calendar items are expected
to be routine and non-controversial. They will be
acted on by the Commission at one time without
discussion. If anyone has concern over any item,
it should be removed for discussion.
A. ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW
94-16 - AMERON A request to construct an
18,600 square foot industrial building on 20
acres of land in the Heavy Industrial District
(Subarea 15) of the Industrial Area Specific
Plan, located on the west side of Etiwanda,
south of Arrow Route - APN: 229-131-03. Staff
recommends issuance of a Negative Declaration.
B. RESOLUTION OF DENIAL FOR CONDITIONAL USE PERMIT
94-20 - PARKER - A request to establish the
sale of antiques and artwork within the
existing Demens-Tolstoy House, a local historic
landmark, on 3.16 acres of land in the Very Low
Residential District (2 dwelling units or less
per acre) at 9686 Hillside Road -
APN: 1061-561-04.
V. Public Hearings
The following items are public hearings in which
concerned individuals may voice their opinion of
the related project. Please wait to be recognized
by the Chairman and address the Commission by
stating your name and address. All such opinions
shall be limited to 5 minutes per individual for
each project. Please sign in after speaking.
C. CONDITIONAL USE PERMIT 94-08 - SANCHEZ ~BABE'S
CLUB 66) A request to establish a night club
and sports bar, including entertainment,
amusement devices (Video/arcade games), and the
on-site consumption of alcoholic beverages,
within an existing building in the Community
Commercial Designation (Subarea 3) of the
Foothill Boulevard Specific Plan, located on
the north side of Foothill Boulevard, east of
Hermosa Avenue - APN: 1077-601-07 and 09.
D. ENVIRONMENTAL ASSESSMENT AND MODIFICATION TO
CONDITIONAL USE PERMIT 89-23 - CITY OF RANCHO
CUCAMONGA - A request to construct a helipad
and to base a helicopter at an existing fire
station and training facility (Station #174) in
the Minimum Impact Heavy Industrial designation
(Subarea 9) of the Industrial Area Specific
Plan, located at the southwest corner of
Milliken Avenue and Jersey Boulevard -
APN: 229-111-34. Staff recommends issuance of
a Negative Declaration.
VI. Directors Reports
E. CONFERENCE UPDATE
VII. Public Comments
This is the time and place for the general public
to address the Commission. Items to be discussed
here are those which do not already appear on this
agenda.
VIII. Commission Business
IX. Adjournment
The Planning Commission has adopted Administrative
Regulations that set an 11:00 P.M. adjournment
time. If items go beyond that time, they shall be
heard only with the consent of the Commission.
VICINITY MAP
., CITY HALL
CITY OF
RANCHO CUCAMONGA
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September 28, 1994
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, city Planner
BY: Dan Coleman, Principal Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 94-16 - AMERON - A
request to construct an 18,600 square foot industrial building on
20 acres of land in the Heavy Industrial District (Subarea 15) of
the Industrial Area Specific Plan, located on the west side of
Etiwanda, south of Arrow Route - APN: 229-131-03.
PROJECT AND SITE DESCRIPTION: The site is flat and consists of a pipe storage
yard. There are several Eucalyptus trees and the street is not fully
improved.
B. Parkin~ Calculations:
Number of Number of
Type S~are Parking Spaces Spaces
of Use Footaye Ratio Required Provided
Manufacturing 18,600 1/500 37 37*
TOTAL 37 37
* Parking is provided on an adjoining Ameron parcel.
ANALYSIS:
A. General: The applicant is proposing to construct an 18,600 square foot
metal industrial building at their existing concrete and steel pipe
plant. The building will house coal tar coating equipment to enable
Ameron to supply large diameter steel pipe for an upcoming Metropolitan
Water District pipeline project in the region. Ameron will utilize its
existing work force to produce the coated pipe. E~loyees will continue
to park on adjoining parcels owned by Ameron. The building will be
located in the middle of a 20 acre parcel that is predominantly used for
outdoor pipe storage. The proposed 1-story building is a pre-fabricated
metal structure painted a light stone color (slate doors/trim and white
roof). The structure height to the eave is 26 feet.
ITEM A
PLANNING COMMISSION STAFF REPORT
DR 94-16 - AMERON
September 28, 1994
Page 2
B. Design Review Comittee: The Design Review Committee is scheduled to
review the application on September 20, 1994. Co~nents from the Committee
will be forwarded to the City Planner for consideration. Upon approval of
a Negative Declaration, the City Planner will grant final approval based
upon the reco~unendations of the review cor~nittees. It should be noted
that certain street improvements, and related landscaping and screen wall,
may be deferred through an agreement to coincide with construction of the
City's Master Plan storm drain in Etiwanda Avenue. It was determined by
staff during early pre~development meetings with the applicant that
because of the extensive size of the Etiwanda storm drain project, the
design, scheduling, and actual construction of the pipe line warranted the
consideration of an agreement. This agreement will be considered by the
City Council concurrent with the City Planner's review of the development
review application.
C. Environmental Assessment: Parts I and II of the Initial Study have been
completed and it has been determined that the project will not have a
significant impact on the environment. The structure is located
approximately 650 feet from Etiwanda Avenue.
RECOMMENDATION: Staff recommends that the Planning Commission issue a
Negative Declaration for the project. The project will then be submitted for
City Planner approval.
City Planner
BB:DC:mlg
Attachments: Exhibit "A" - Site Utilization Map
Exhibit "B" - Site Plan
Exhibit "C" - Building Elevations
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I ' 2 - I ) 2¢5- 002
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50 FT ROADWAY (UNPAVED)
CORP. STORACE YARD
BARE & TAPE CO ATF. D CYLINDER STORAGE
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THE HISTORIC
Demens- TolStoy
Estate
PLANNING DIVI$10N
sep 22, 94
To: City Planners, Planning Dept.
Eancho Cucamonga, Ca.
We Would like to Withdraw our applicetion for a
special use permit to sell antiques from ur Home on
9686 Hillside Rd, Alta Loma Ca. 91737
We would like to have the opportunity to esubmit at
A later time the Request for a special us permit as
Allowed by HiStorical code Varience.
Thank You i
Dennis & Eri~a Parker.
CITY OF RANCHO CUCAMONGA
DATE: September 28, 1994 STAFF REPORT
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
BY: Dan Coleman, Principal Planner
SUBJECT: RESOLUTION OF DENIAL FOR USE PERMIT 94-20 - PARKER - A request to
establish the sale of antiques and artwork within the existing
Demens-Tolstoy House, a local historic landmark, on 3.16 acres of
land in the Very Low Residential District (2 dwelling units or
less per acre) at 9686 Hillside Road - APN: ~061-561-04.
BACKGROUND: The Planning Commission received public testimony on August 24,
and September 14, 1994. The Con~ission found the applicant's written and oral
presentation on the extent of the proposed co~nercial and educational use of
the property was inconsistent and confusing. After considering the possible
adverse impact of the use on the neighborhood, as well as the difficulties of
providing adequate enforcement of retail activity within a private residence,
the Planning Commission directed staff to prepare the attached Resolution of
Denial. The majority of public testimony, both written and oral, was opposed
to the applicant's request because of concerns with incompatibility with
surrounding neighborhood, traffic increase, and property maintenance.
ANALYSIS: The attached Resolution of Denial follows the line of discussion by
the Commission on September 14, 1994, when the majority of corm~issioners
indicated that they would not be able to make the findings required to approve
the Conditional Use Permit at this location. The finding that would be
difficult to make is that the use would not have an adverse effect on
surrounding property and that the use would not be detrimental to the public
health, safety, or general welfare. The Commission felt that the applicant's
proposed business operation was not defined clearly enough to make the finding
that the proposed use would not disrupt the'surrounding neighborhood, contrary
to Development Code Section 17.08.030.
Res lly t d,
BB:DC:mlg
Attachments: Exhibit "A" - Draft Planning Commission Minuted dated
September 14, 1994
Denial
ITEM B
B. DE~ELOPMENT REVIEW 94-01 -__ HONG - Review of a single family residence in
eL '. '
Commissioner Melcher requested that Item B be pu~}~from the Consent
Calendar. /
Motion: Moved by Melcher, seconded by LumF~'~rried 3-0-2 with McNiel and
B. DE~rELOPMENT REVIEW 94 01 H ~ ~'
Commissioner Melcher stated no concerns regarding this application. He
observed that the Hillsi Ipment Ordinance requires that the Commission
approve such applica and he suggested that the ordinance be changed so
that the City Pla could approve such applications.
Motion: by Melcher, seconded by Lumpp, carried 3-0-2 with McNiel and
to adopt Item B of the Consent Calendar.
PUBLIC HEARINGS
C. CONDITIONAL USE PERMIT 94-20 - PARKER - A request to establish the sale of
antiques and artwork within the existing Demens-Tolstoy House, a local
historic landmark, on 3.16 acres of land in the Very Low Residential
District (2 dwelling units or less per acre) at 9686 Hillside Road -
APN: 1061-561-04.
Chairman Barker noted that public hearing on this item had been opened at the
August 24, 1994, meeting of the Planning Commission and the comments made at
that time were reflected in the minutes of the meeting. He said that although
Commissioner Lumpp had not been present at the August 24 meeting, he had been
given an opportunity to review the minutes and tapes of that meeting and would
be hearing the matter tonight. chairman Barker noted that a number of
residents had expressed concerns regarding the proposed project. He said that
the Commission cannot work in a problem solving or workshop manner but must
function in a judicial manner hearing arguments for and against a specific
proposal and make its decision based on law. He did not think that is a good
way to solve problems or answer community questions and concerns. He felt it
may be better to have people meet and try to address solutions. He stated
that if the applicant wanted to proceed with a hearing, the Commission would
conduct the hearing and make a decision and the applicant or any other
individual would then have a right to appeal that decision to the City
Council. He observed that if someone does not like the decision made by the
City Council, the matter can then be litigated which can delay action for
quite some time. He noted that at the last meeting the Parkers had heard the
concerns of the neighbors and he questioned if the Parkers had met with any of
the neighbors to address those concerns.
Planning Commission Minutes -2- September 14, 1994
Dennis parker, 9686 Hillside Road, Rancho Cucamonga, stated that he had
printed up 1,000 brochures to announce an open house on Saturday, September 3
to address any concerns. He said they did not deliver the flyers house-to-
house, but rather distributed them at the supermarkets and donut shops because
they wanted all the people of Rancho Cucamonga to be aware of what they are
trying to do, rather than just the neighbors in the Regency Equestrian
Estates. He reported three couples came to the open house and two others
later visited the property and, following discussions, all of those people
stated they had no objections to what the Parkers propose. He remarked that
one of the neighbors had brought him a flyer which someone had printed up and
hand delivered door-to-door and the flyer is not accurate and misrepresents
what they intend to do. He said it had been brought to his attention, that
people feel they own the empty lot at the corner of Hillside and Amethyst but
their property is only in front of their home.
Chairman Barker asked if Mr. Parker was satisfied that he had communicated
with his neighbors and was he ready for the Commission to go ahead and conduct
the hearing and made a decision tonight.
Mr. Parker said that the people who oppose what they are doing have not come
forward and addressed them so he was not sure who they are and had not been
given a chance to show what he wants to do. He felt the residents are hearing
misinformation from one or two people. He said those in opposition had not
come to their door even though they placed an open house sign On Hillside on
Saturday, September 3. He felt the people from the Equestrian Estates would
not give him an opportunity to talk even if the matter were postponed. He
requested that the hearing be conducted.
Dan Coleman, Principal Planner, presented the staff report. He commented that
additional conditions had been suggested requiring that all antique and
artwork displays and sales be conducted inside the house, the outward
appearance of the building or premises could not be changed except that a sign
of 4 square feet could be constructed, the use would have to be incidental to
its use as a private residence, and only family members could engage in the
antique and artwork sales. He said three additional letters of opposition,
One letter Of support, and a letter from the applicant had been received
following distribution of the staff report and they had been placed in front
of the Commissioners.
Commissioner Melcher requested clarification of what the applicant intends.
He noted there were conflicts between the staff report presentation, what the
applicant indicated in his presentation, and the documents submitted with the
application. He said Mr. Parker indicated he would use the lower floor, the
staff report indicated the first floor and the lower level with both
references being for the sale of antiques, but an exhibit shows tours of all
three levels of the house.
Chairman Barker reopened the public hearing.
Mr. Parker stated they originally submitted the application prior to talking
with the Planning Division and had indicated they would use the basement and
the first floor of the house even though they anticipate only having one or
Planning Commission Minutes -3- Septe~er 14, 1994
two people in the houses at a time for the antique business. He said that
after learning from the Planning Division that some of the requirements may be
predicated on square footage, they decided to keep the antiques in one room of
the downstairs basement. He remarked that the extent of the antique sales
would be some of their own furniture and dishes. He stated there would be no
charge for tours and they do not plan to contact tour companies to bring
people through the home. He said they merely wanted to share the property
with the neighbors, schools, and the City because he they thought the
community would like tours based on the number of people who had knocked on
their door. He felt that having hours of operation for the sale of antiques
would make it convenient for tours. He did not expect more than two or three
people in the home at any one time.
Commissioner Melcher asked for clarification that they plan to operate the
antique business in the basement with a set schedule of hours.
Mr. Parker responded they plan to be open from 9:00 a.m. to 2:00 p.m. on
Mondays, Tuesdays, Thursdays, and Fridays and 10:00 a.m. to 5:00 p.m. on
weekends. He said the hours could be subject to change by the City.
Commissioner Melcher asked if tours for individuals and small groups would be
during those hours or by appointment only.
Mr. Parker stated the tours have previously been by request but he would not
require people to call ahead during the hours the antique business is open and
tours could be by appointment at other times. He said they do not have a
scheduled tour, they just walk people through the home, which takes
approximately 10 minutes.
Commissioner Lumpp questioned where the antiques would come from.
Mr. Parker replied they are antiques which they have accumulated over the
years and would be anywhere from a 50¢ dish to approximately $200 furniture
pieces.
Commissioner Lumpp asked if Mr. Parker planned to show furniture belonging to
others on a consignment basis.
Mr. Parker responded they have visited the antique shops on 2nd street and in
Barstow and those shops are operated on a larger scale with 20 to 200
consignment people. He said their purpose is not to allow others to put
something in the home and that would not be abnormal. He commented they do
not have the square footage available. He stated that at this time there are
no dealers and no intent to put in dealers.
Commissioner Lumpp asked what Mr. Parker's response would be if he approached
him and said he had a piece of antique furniture and would like to place it in
the home with a commission being paid if the furniture sells.
Mr. Parker replied that he might do it as a favor for someone he knew.
Planning Commission Minutes -4- September 14, 1994
Chairman Barker observed that at the last meeting Mr. Parker had indicated he
was not aware of how many people were interested in going through the house at
the time he purchased the property. He said he recalled that Mr. Parker had
said they purchased the house as a residence and later came up with the idea
of selling antiques.
Mr. Parker stated he bought the home to live in. He observed they have six
children and a business in Orange County. He said the idea for antique sales
came about because they were being asked to show the home on what they felt
was a consistent basis and the schools had expressed interest in visiting the
home. He said they felt that it would be convenient to allow visits to the
home. He indicated that they planned to take the money from any antique sales
and put it back into the property.
chairman Barker asked if it was a consideration when he bought the home.
Mr. Parker responded it was not.
Chairman Barker asked when Mr. Parker became aware of the regulations
concerning conditional use permits and historic buildings.
Mr. Parker replied it was part of the sales pitch from the real estate firm
but it was not the reason they purchased the home.
Commissioner Melcher asked Mr. Parker to explain how the proposed business
would be different from running an ongoing garage sale.
Mr. Parker responded that an ongoing garage sale would be a mixture of all
different types of product and would be on a larger scale than what he
proposes. He said that people visiting antique shops generally go in for an
enjoyment factor more than to spend money.
The following residents spoke in opposition to the project:
A1 Abram, 9747 Hillside Road, Rancho Cucamonga
Cyndi Testa, 9738 Cinch Ring Lane, Rancho Cucamonga
Vic Cherbak, 9820 Cinch Ring Lane, Rancho Cucamonga
A1 Cherbak, 222 Avenue F, Redondo Beach
Sandra Sraberg, 9494 Hillside Road, Rancho Cucamonga
Edna Allen, 9731 Peach Tree Lane, Rancho Cucmmonga
Alan Shapiro, 9737 Flying Mane Lane, Rancho Cucamonga
Clifford Bennett, 9718 Flying Mane Lane, Rancho Cucamonga
Paul Mock, 5506 Malachite Avenue, Rancho Cucamonga
Merlin clarke, 9729 Hillside Road, Rancho cucamonga
Jim Morgan, 9760 Flying Mane Lane, Rancho Cucamonga
Eugene Illsley, 8375 Vicara Drive, Rancho Cucamonga
Dale Cummins, 9738 Flying Mane Lane, Rancho Cucamonga
In addition a petition of opposition signed by 27 residents was presented.
A1 Cherbak discussed the history Of Alta Loma and zoning provided for in
revisions of the Chaffey College General Plan by the Alta Loma Community
Planning Commission Minutes -5- September 14, 1994
Chamber of Commerce which provided for industrial commercial and high density
residential in the southerly area and lower density residential and some
commercial in the central area up to Lemon Avenue. He said a service station
was permitted on the corner of Lemon Avenue and Haven because Of Chaffey
College and strip commercial soon followed surrounding the service station.
Concerns were raised about a change in the status quo; increased vehicular and
pedestrian traffic; potential for conflict between vehicular traffic and
equestrian uses; designation of one third of the living space to the business;
a business being open six days a week; potential for popularity of the store
with an increase in traffic; increased dust from gravel parking area; setting
of a precedent; a change in zoning; a commercial entity in a residential area;
potential for sale of antique cars, buggies, and smudge pots; desire to keep
area as low density equestrian area; potential for consignment; reduction Of
historic home to a "cheap swap meet"; potential for disturbing of the peace
and quiet of neighborhood; driveway being too close to Archibald; lack of
planning; fear that the applicant may expand the use in order to improve cash
flow; fear that auctions may be held on weekends; fear that City would not
enforce conditions or respond to complaints about the business; fear of a bond
issue; and discrepancies between original request and staff report vs. what
was presented this evening (i.e., initially 4,600 square feet for antiques and
art gallery vs. 280 square feet for antiques with no artwork sales mentioned
this evening). It was observed that the Parkers previously had large vehicles
for sale on property. Comments were made that because the home had been a
private residence for its entire existence, the use should not be changed; and
the application should not be approved because the neighbors do not approve--
therefore, it disrupts the neighborhood. One resident stated he was proud to
live near an historical home but did not feel he would be proud to live by an
antique store. Questions were raised as to who would enforce hours, where
antiques would come from when they have sold what they currently have; if the
city would get anything out of an approval; and if federal and state agencies
are going to contribute. One resident expressed appreciation that Mr. Parker
had addressed some of the concerns raised at the last meeting and felt that if
what was stated this evening had been originally presented, there may have
been less concern. Comments were made that Mr. Parker had made no attempt to
contact surrounding residents because no one would attach any importance to a
flyer passed Out in a shopping center. One resident commented that he never
saw advertising of an open house but saw three children with a lined paper
sign by the mailbox advertising an open party.
Chairman Barker asked what the bond issue referred to.
Mr. Coleman replied that Mr. Parker had mentioned at the last meeting that he
and his wife would be willing to work with the City, perhaps on a low interest
bond, to improve the corner prior to development.
Chairman Barker remarked that there is no advantage or disadvantage to the
City if the use is approved. He also stated that any bonds would have to be
passed by residents and could not be approved by the City.
Commissioner Lumpp asked several speakers if they had noticed any traffic
impacts based On the current operation of the residence. One resident
Planning Commission Minutes -6- September 14, 1994
responded he had never seen anyone visiting or touring the home, one replied
he had observed very minor activity when some items were placed for sale on
the corner but there was no impact at current levels, one stated he had been
impacted when oranges or knickknacks were sold on the corner, and one replied
he had been impacted.
Chairman Barker asked staff to explain the historic regulations under which
the proposal was submitted.
Mr. Coleman replied that as an incentive to encourage the preservation of
historic structures, the City code allows certain limited activities including
retail such as boutiques, bed-and-breakfast inns, etc. He said this is an
incentive for the owners to derive some income to make it viable to preserve
the structures in the community as an important resource.
Mr. Parker felt that people are skeptical that he wants to help the children
or the community by opening up the house. He stated the antique shop is not
meant to be a money making venture, but simply a convenience to be open to the
public. Me commented that the Regency Estates is approximately 400 to 600
feet away and is buffered by Orange trees, driveway, and a wall. He said that
one of the residents of Regency Estates had written that they had to live with
Snow White and the Seven Dwarfs, which refers to lO-inch high concrete figures
which are located 411 feet off Hillside Road behind the groves and a parapet
wall. He felt having antiques in one room of the house would not generate any
additional traffic over what already occurs. He said they may buy additional
antiques to place for sale but their intent was not to go out and buy $10,000
worth of inventory. He commented they could not sell cars or other large
pieces because they would not fit in the room. He stated they would certainly
not do anything that would endanger their children or make the property into a
circus. He showed a proposed landscaping sketch. He said the equestrian
trails are to be installed when the property that surrounds them is developed
and the current owners of that property have indicated they have no intentions
of developing the property in the near future. He said they have made an
Offer to purchase the property and if they bought the property they would not
develop it. He stated that at the last meeting he had suggested that if the
City would work with them, they would take out a low interest bond or loan to
pay for installation of the equestrian trails because they do not want the
property to look the way it does for the next four years. Me said dust had
been mentioned as a concern from traffic on the gravel driveway but stated he
creates more dust when he is removing weeds from the property or when horses
walk in the future horse trail area. He showed a picture of a property at the
corner of Wilson and Archibald which depicted items strewn all over the yard
and said they would not allow the Demens-Tolstoy property to look like that.
He said they were willing to put up a new sign rather than using the water
tank as he had first proposed. Me acknowledged that real estate values are
down but stated that it is not caused by anything he is planning to do to his
property, but rather because prices were previously grossly inflated and the
banks are now foreclosing and liquidating properties that were over
mortgaged. He stated that 10 school buses travel twice a day On Hillside so
the addition of a bus or two a year to bring school children to his property
would not create any danger from fumes. He stated that zoning would not be
changed and they were not requesting any favoritism, but merely something that
Planning Commission Minutes -7- September 14, 1994
is already in the code. He commented that Regency Estates is a closed, gated
community and they had no way of getting into the community to discuss what
they plan to do. He disclosed that they had contacted the Superintendent of
the Alta Loma schools to offer a one-day field trip history class to show the
process of irrigation and cultivation. He said the Superintendent had
expressed interest and they plan to go ahead with that proposal because that
subject is taught.
Chairman Barker closed the public hearing. He observed that there is no need
to obtain a permit to allow schools to tour a home. He commented that the
Commission had three options: grant approval for the proposal with
modifications suggested by staff, grant approval with other conditions, or
deny the application.
Commissioner Melcher felt it important to clear up some misconceptions. He
commented that the' planning process is not a majority rules process. He
stated that state law gives the City Council the ability to establish a
Planning Commission which can detach itself from the political process, as it
is an appointed body rather than an elected one. He said the Commission's
constituency is the five City Council members as well as the entire City. He
observed the Commission has to determine whether the request complies with the
ordinances, which do in fact allow for the limited commercial use of historic
properties subject to a conditional use permit procedure in Order to encourage
preservation, and whether the application will do that in an appropriate
manner. He stated he had heard the comment that the application and the
business notions that it embodies do not seem particularly well planned and he
agreed with that comment. Me felt that if the application were to be
approved, the Commission may wish to require a comprehensive written plan of
operations be provided as part of the approval as he felt the application
still appeared to be in flux. He suggested staff inform the audience
regarding the procedures for the review of conditional use permits and
revocation procedures.
Brad Buller, City Planner, explained what a conditional use permit is and
stated that through a public hearing process conditions are applied to make
uses compatible with neighboring properties and uses. He observed that
conditional use permits can be revoked if it is found the use causes a
negative impact on the surrounding neighborhood Or if there are specific
violations Of the conditions of approval. He reported that a revocation
hearing is a public meeting with surrounding property owners being notified of
the hearing and the applicant and the public have an opportunity to comment
before the Commission makes a determination as to whether the permit should be
revoked.
Commissioner Lumpp stated that by state law, a conditional use permit is a
tool that allows a city to add certain requirements to make a use more
palatable in a neighborhood or an area. He said tonight's hearing is part of
the fundamental process. He observed that the 300 foot notice requirement is
not something the City arbitrarily does, but is mandated by state law. He
affirmed that the City goes beyond what the law requires and provide notice in
a newspaper and posting of the property. He noted that some of the residents
commented about traffic impacts adjacent to the property and observed that
Planning Commission Minutes -8- September 14, 1994
when he asked how those residents were currently being impacted by traffic
caused by people visiting the Demens-Tolstoy House, it appeared there is
limited impact. He commented that it appears that the predominance of the
traffic impact is unrelated to the project, but is as a result of students
going to Chaffey College and people driving on Archibald. He stated he was
somewhat confused between what the staff report indicates and what Mr. Parker
stated he really wishes to do. He expressed concern about that confusion and
stated that because of that confusion combined with issues related to health
and safety of the neighborhood, he was not convinced that this would be a good
use of the property. He felt the two existing historical structures which are
being used for commercial purposes are in totally different areas and the area
of the Demens-Tolstoy House is remote and exclusive. He stated he was not
opposed to the applicant's placing a sign in front of their house offering
tours. He said he could not make Finding 3.b. in the resolution--that the
proposed use would not be detrimental to the public health, safety, or welfare
or materially injurious to properties or improvements in the vicinity.
Chairman Barker felt neighborhood negotiations could have perhaps addressed
most of the concerns; however, he noted there was distrust and the matter was
now being handled in a hearing forum. He suggested that the attempt to
communicate by producing 1,000 flyers and not distributing those flyers to the
neighbors was not an open communication, in that the problems lie in the
neighborhood rather than elsewhere in the community. He observed that the
type of use requested is allowed in the City in order to encourage improvement
of historic properties; and although he was aware of the incentive, Mr. Parker
had stated it was a not a factor in his decision to buy. He commented that
the applicant had stated money was not a factor and he felt the proposed sales
were not enough to make an impact on the cost of buying or maintaining the
property. He agreed that Archibald is a busy street and he was not
comfortable with the staff report's assertion that there would be no impact on
traffic. He agreed that the other historic structures being used for
commercial purposes are in mixed areas. He understood the fear of outdoor
auctions but he did not see that as a potential use. He echoed the concerns
that the proposal was not well defined with the changes from first and second
floor to only the basement to a certain number of square feet. He observed
the proposal was not solid and he stated he could not make the findings
necessary for approval.
Commissioner Melcher stated that he sensed that the proposition was about to
lose and said he preferred to offer the possibility of a continuance to better
define the plans to see if that would alleviate the concerns.
Chairman Barker stated he did not feel any obligation to continue the hearing
because the applicant had indicated he wanted the matter to be heard tonight.
Commissioner Lumpp agreed the applicant had been given an opportunity to have
the matter continued, and he was not sure it would change anything about what
he wants to do. He observed that the applicant has the right to appeal the
decision to the city Council.
Motion: Moved by Lumpp, seconded by Melcher, to direct staff to prepare a
resolution Of denial without prejudice for adoption on the Consent Calendar at
the September 28, 1994, meeting. Motion carried by the following vote:
Planning Commission Minutes -9- September 14, 1994
AYES: COFa4ISSIONERS: BARKER, LUMPP, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MCNIEL, TOLSTOY -carried
Chairman Barker advised the applicant that he had the right to appeal the
decision after the resolution is adopted. He observed that consent calendar
items can be pulled from the calendar but they are usually not except for
points of information. He explained the difference between denial and denial
without prejudice.
D. 93-05 - OAS PARTNERSHIP - A request to increase the sign area for
the ect Identification Monument Sign from 24 to 49 square feet;
he sign area for the Tenant Identification Monument Signs from
24 to 49 uare feet; and increase the maximum nu~3er of tenant names on
the Tenant entification Monument Signs from three to five per face,
for Thomas Plaza, located at the northeast corner of Foothill
Boulevard and ard Avenues APN: 208-101-22 through 25. Related
File: Amendment Uniform Sign Program No. 88. (Continued from August
10, 1994)
Chairman Barker Observed Item D had been withdrawn by the applicant and
no action was necessary.
OLD BUSINESS
E. AMENDMENT TO UNIFORM SIGN PROGRAM NO.~- OAS PARTNERSHIP - A request to
nd the Sign Program to allow a Projec~ Identification Monument Sign,
internally illuminated Tenant Identificati~ Monument Signs, and various
changes to the sign criteria for Thomas W~ ry Plaza, located at the
northeast corner of Foothill Boulevard~.d Vineyard Avenue -
: 208-101-22 through 25. Related file: Var~ce 93-05. (Continued
from August 10, 1994) ~
Brad Bullet, City Planner, stated that the a 1 ~
pp icant had i rmed staff that
the application would be revised and resubmitted to be c with the
recent amendment to the Sign Ordinance.
DIRECTOR' S REPORTS ONGA~-
F. CONVENIENCE FOOD STORE REGULATIONS ORDINANCE - CITY OF RANCHO CUCAM
Review Of proposed ordinance.
Planning Commission Minutes -10- Septe~Der 14, 1994
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING, WITHOUT PREJUDICE,
CONDITION~ USE PERMIT NO. 94-20 FOR ~NTIQUE AND ARTWOP~K
SALES WITHIN THE HISTORIC DEMENS-TOLSTOY HOUSE, ON 3.16
ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (2
D~FELLING UNITS OR LESS PER AC~E), LOCATED AT 9686
HILLSIDE ROAD, ~ND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1061-561-04.
A. Recitals.
1. Erica Parker has filed an application for the issuance of
Conditional Use Permit No. 94-20, 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 24th day of August and the 14th day of september 1994, the
Planning Commission of the City of Rancho Cucamonga conducted duly noticed
public hearings 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 substantial evidence presented to this Commission
during the above-referenced public hearings on August 24 and September 14,
1994, including written and oral staff reports, together with public
testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located at 9686 Hillside
Road with a street frontage of 411 feet on Hillside Road and a lot depth of
379 feet, which is presently improved with the historic Demens-Tolstoy House,
and has curbs and gutters along Hillside Road and the Archibald Avenue
frontage; and
b. The property to the north of the subject site is zoned Very
Low Residential and is a vacant citrus grove. The property to the south of
the subject site is zoned Very Low Residential and is vacant. The property to
the east of the subject site is zoned Very Low Residential and is developed
with single family residences. The property to the west of the subject site
is zoned Very Low Residential and consists of a citrus grove; and
PLANNING COF24ISSION RESOLUTION NO.
CUP 94-20 - PARKER
Septeraber 28, 1994
Page 2
c. The Demens-Tolstoy House, in which the application is
proposed, was designated as an Historic Landmark by the City Council on
september 10, 1989 which permits small-scale, non-residential uses subject to
review and approval of a Conditional Use Permit; and
d. The applicant proposes operating the business from 9 a.m. to
2 p.m., Monday through Friday, closed Wednesdays, and from 10 a.m. to 5 p.m.,
Saturdays and Sundays; and
e. No additional employees other than the property owners will
be employed in the business; and
f. The applicant's public hearing testimony contradicted their
written application, specifically regarding the scope and nature of the
intended uses as follows:
(i) The written application contemplates the sale of
antiques and artwork utilizing up to 4,607 square feet of first floor and
basement of the existing house; however, during the public hearing the
applicant testified that they intended to only use a 14 by 20-foot room in the
basement; and
(ii) The applicant testified that they intend to offer
tours of the estate, without charge or previous appointment, to local schools
and other community groups contrary to the written application "to sell
antiques and artwork from home"; and
(iii) The applicant indicated that their intent is to sell
antiques and artwork from their personal collection; however, the applicant
stated that they would not rule out the possibility of accepting antique Or
artwork items on consignment.
g. The applicant did not present a clearly organized business
plan addressing the targeted customer, the source of antiques and artwork, the
location of the retail within the house, and the educational tours; and
h. The application proposes an antique and artwork shop within
a residence which is a designated historic landmark. Accordingly, the
application is subject to the provisions of Rancho Cucamonga Municipal Code
Section 17.08.030 which prohibits uses other than residential that would cause
intensification or disruption to any adjacent uses or neighborhood; and
i. The Demens-Tolstoy Mouse is the primary residence of the
applicant; and
j. There is significant community concern regarding the
potential adverse effects of the proposed use; and
k. The application as proposed would be materially detrimental
to the persons and properties in the immediate vicinity of the subject site
for the reasons as follows:
pLANNING COMMISSION RESOLUTION NO.
CUP 94-20 - PARKER
September 28, 1994
Page 3
(i) The Development Code (RCMC Section 17.08.030) is
intended to provide for uses within historic residences of a small scale.
However, the application proposes retail activity six days a week, including
weekends, as well as, tours of the residence and the estate grounds by an
unlimited number of school children and other community groups without prior
notification to the property owner. Such a proposed use would be an
intensification and potentially disruptive to the rural character of the
surrounding neighborhood;
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as followS:
a. That the proposed use is not in accord with the General
Plan, the objectives of the Development Code, and the purposes of the district
in which the site is located.
b. That the proposed use, together with the conditions
applicable thereto, will be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
c. That the proposed use does not comply with each of the
applicable provisions of the Development Code.
d. The applied-for use will not be compatible with the intended
rural residential character of the area.
e. The evidence presented to this Commission has identified
potential adverse effects of the applied-for use.
4. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby denies the application without
prejudice to refile.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Buller, Secretary
PLANNING COMMISSION RESOLUTION NO.
CUP 94-20 - PARKER
September 28, 1994
Page 4
I, Brad Bullet, 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 28th day of September 1994, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
CITY OFRANCHO CUCAMONGA
STAFF REPORT
DATE: September 28, 1994
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City planner
BY: Scott Murphy, AICP, Associate Planner
SUBJECT: CONDITIONAL USE pERMIT 94-08 - SANCHEZ (BABE'S CLUB 66) - A request
to establish a night club and sports bar, including entertainment,
amusement devices (Video/arcade games), and the on-site consumption
of alcoholic beverages, within an existing building in the
Community Commercial Designation (Subarea 3) of the FOothill
Boulevard Specific Plan, located on the north side of Foothill
Boulevard, east of Hermosa Avenue - APN: 1077-601-07 and 09-
BACKGROUND: On June 8, 1994, the Planning Commission reviewed and approved
the application for a night club and sports bar at the subject site.
Following the Planning Commission meeting, the applicant appealed a condition
of approval requiring the filing of a Parcel Map prior to the issuance of
building permits. This requirement was placed on the application due to a
lack of record information substantiating the existence of the four lots as
indicated in the Assessor's Parcel Map.
During preparation Of the City Council staff report, staff conducted further
discussions with the applicant and additional information was requested. A
title report was provided by the applicant which indicates that there are two
lots as shown on Exhibit "B," contrary to the Assessor's Parcel Map which was
used as a basis for staff's approval. As shown on Exhibit "B," the parcels
are configured in such a way that the existing motel/convenience market and
the proposed night club are on the same parcel. Because the original
Conditional Use Permit application was approved based on information which has
been determined to be inaccurate, the City Attorney advised the City Council
that the application should be reconsidered by the Planning Commission. The
applicant agreed to the reconsideration.
ANALYSIS: In light of the new information regarding the parcel configuration,
staff believes that additional conditions of approval should be attached to
the application to bring the site into conformance with current City standards
and policies. These conditions of approval include, but are not limited to,
the following:
1. Driveway access to the site from Foothill Boulevard should be limited
to one driveway a minimum of 200 feet from the intersection- The
existing driveways in front of the convenience market shall be
eliminated.
ITEM C
PLANNING COMMISSION STAFF REPORT
CUP 94-08 - SANCHEZ
September 28, 1994
Page 2
2. Contribution towards construction of full frontage improvements on
Foothill Boulevard and Hermosa Avenue for Assessor Parcel Nos.
1077-601-07 and 09 shall be provided prior to building permit
issuance.
3. A condition has been added to clarify the site includes both the
motel/convenience market and the night club.
4. The parking area in front of the convenience market shall be
redesigned to include: 18-foot deep parking stalls adjacent to the
store, a 26-foot drive aisle, and 18-foot deep parking stalls south
of the drive aisle. The remaining area (±10 feet) shall be
landscaped. Also, landscaping shall be installed at the driveway
locations upon their removal (see Exhibit "F").
CORRESPONDENCE: During preparation of the City Council and Planning
Commission staff reports, several letters were received from
residents/property owners voicing their concerns with opening a night club and
drainage problems. These letters have been included as Exhibit "E."
RECO~4ENDATION: Staff recommends that the Planning Co~nission approve
Conditional Use Permit 94-08 through adoption of the attached Resolution of
Approval.
BB:SM:mlg
Attachments: Exhibit "A" - Assessor's Parcel Map
Exhibit "B" - Title Report Map
Exhibit "C" - Planning Commission Staff Report dated
June 8, 1994
Exhibit "D" - Resolution No. 94-42
Exhibit "E" - Letters from Residents/Property Owners
Exhibit "F" - Revised Site Plan
Resolution of Approval with Conditions
1'.
~"~ I Project: ~ ,~y,.~, ~i~i'' '<!~ii!~~
OF R~AMONGA Title' ,43,.t-~.~,~3 ~'~_-~. ~
PLA I~ ~I9ON Exhibit: ~ Date: ~' ~
'~"""S. I/4 COR. SEe. 2 '
T./S.,R. TW.
J Project: ~-"/~
CITY OF ~ AMONGA Title: f/rE
PLA , , ON Exhib t:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: June 8, 1994
TO: Chairman and Members of the Planning Commission
FROM: Brad Bullet, City Planner
BY: Scott Murphy, Associate Planner
SUBJECT: CONDITIONAL USE PERMIT 94-09 - SANCHEZ (BABE'S CLUB 66) - A request
to establish a night club and sports bar, including entertainment,
amusement devices (video/arcade games), and the on-site consumption
of alcoholic beverages, within an existing building in the
Communit~ Conunercial Designation (Subarea 3) of the Foothill
Boulevard Specific Plan, located on the north side of FOOthill
Boulevard, east of Hermosa Avenue - APN: 1077-601-07 and 08-
Related file: Entertainment Permit 94-01.
ENTERTAINMENT PERMIT 94-0~ - SANCHEZ (BABE'S CLUB 66) A request to
allow entertainment including, but not limited to, live bands, a
disc jockey, karaoke, celebrity appearances, and comedy nights, in
conjunction with a night club and sports bar in the Comunity
Co~m~ercial Designation (Subarea 3) of the Foothill BOulevard
Specific Plan, located on the north side of Foothill Boulevard,
east Of Hermosa Avenue - hPN: 1077-601-07 and 08. Related file:
Conditional Use Permit 94-08.
PROJECT AND SITE DESCRIPTION:
A. Surrounding Land Use and Zoning:
North Vacant; Comunity Comercial, FOOthill Boulevard Specific Plan
(Subarea 3)
South Restaurant; Comunity Comercial, Foothill Boulevard Specific
Plan (Subarea 3)
East - Office; Co~nunity Comercial, FOOthill Boulevard Specific Plan
(Subarea 3)
West - Motel and convenience market; Cor~nunity Comercial, FOOthill
BOulevard Specific Plan (Subarea 3)
B. General Plan Designations:
Project Site - Comercial
North - Comercial
South - Comercial
East - Comercial
West - Commercial
C- Site Characteristics: The site is presently developed with a 7,930 square
foot building and a paved parking area. Landscaping exists adjacent to
the building in raised planters.
PLANNING COMMISSION STAFF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June 8, 1994
Page 2
D. Parking Calculations:
Number of Number of
Type Square Parking Spaces Spaces
of Use Footaye Ratio Required Provided
Restaurant/Night Club 6,000 1 space/ 60 60
100 sq. ft.
1,930 1 space/ 35 67
55 sq. ft.
TOTAL 7,930 95 127
ANALYSIS:
A. General: The applicant is proposing to use a vacant building as a night
club and sports bar. This building was the site of the original "Club 66"
night club that operated in the City for 13 years. After "Club 66" ceased
operation, another nightclub, "The Peppermint Elephant," used the facility
until about 1986.
The applicant is proposing to use the southerly 5,430 square feet as a
night club, including a dance floor, and the northerly 2,200 square feet
as a sports bar (see Exhibit "D"). In conjunction with the night club and
sports bar, the applicant is proposing a variety of entertainment uses
including live bands, a disc jockey, karaoke, celebrity appearances, and
comedy nights. The applicant has also indicated a desire to conduct pool
tournaments during the afternoon hours. A complete breakdown of the
entertainment proposed is contained in the Entertainment Permit
application attached as Exhibit "F." AS indicated on the floor plan, the
building's existing kitchen is proposed to be removed; hence all food will
be catered or prepackaged items prepared off site.
With the establishment of the use, the applicant is proposing to bring the
site up to current Code requirements. Additional parking will be provided
at the rear of the site. Landscaping will be provided across the front of
the building, along the west side of the building, within the new parking
area, and around the perimeter of the new parking area. Also, the
applicant is proposing to resurface the existing parking area, both for
the night club and the motel/convenience market. Lighting will be
provided along the building and in the parking area. A photometric plan
has been submitted to staff demonstrating proper illumination of the site.
B. Neighborhood Compatibility: In evaluating the request to establish a
night club at this location, staff is concerned with the compatibility of
the use with the surrounding area. The property to the west contains a
motel and a convenience market. While most motels operate on a night-to-
night arrangement, the motel actually functions more like an apartment
pLANNING COMMISSION STAFF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June 8, 1994
Page 3
complex with month-to-month rentals. Essentially, the adjoining property
is residential in nature. As witnessed with previous entertainment uses,
bars/clubs in close proximity to residential uses have created noise
problems for the neighborhood- Complaints have ste~Taed from the noise
generated from the building as well as noise and other nuisances generated
in the parking area. In most instances, these complaints are received
even though there is landscaping and screen walls separating the two
uses. In this situation, no such buffering exists. A paved parking area
is all that exists between the motel and the proposed night club/sports
bar. This will allow headlights to shine into the motel- In order to
provide buffering between the uses, staff has included a condition
requiring the installation of a landscape planter between the sites-
In addition to the concerns with the residential use, staff is also
concerned with the compatibility of the night club with the convenience
market. The convenience market was recently granted approval by the
planning Commission to sell alcoholic beverages (distilled spirits). With
the proximity of the two uses, staff is concerned that conflicts will
arise from patrons going back and forth between the uses. Prior to going
to the night club, patrons could stop at the convenience market and
purchase their alcoholic beverages. They might consume these in the
parking area before entering the night club. Or the reverse may occur
with people leaving the night club to go to the convenience market. The
landscape planter between the uses will make it easier to regulate flows
between sites. Also, the Police recommend a security guard be stationed
in the parking area after 6 p.m. Staff believes this will minimize the
conflicts between the uses.
C. Parking Issues: The majority of the parking area is located at the rear
of the building and the main entry to the building is located towards
Foothill Boulevard. Because of the distance between the parking and the
entry, the applicant is proposing to provide valet parking for the
facility. Valet parking will allow the applicant to provide convenience
for their customers and, at the same time, limit the number of people in
the parking area to improve security. While the valet parking does
improve the safety aspect of the project, staff is concerned that the
valet parking will result in cars backed up onto Foothill Boulevard during
peak times or if the valet parking is not operated appropriately. In
order to address this, the drop-off point for vehicles should be
significantly north of the street. The Engineering Division recommends a
75-fcot minimum vehicle stacking distance from curb face.
D- Traffic: The applicant is substantially increasing the parking capacity
of the site. Along with this, there are existing inherent traffic
conflicts because of the close proximity of the site to Hermosa Avenue and
the adjacent use of the convenience store. To mitigate the increased
traffic conflicts, the Engineering Division is conditioning the applicant
to install the median island on Foothill Boulevard. This will prohibit
left turn movements to and from the site, thereby eliminating the primary
traffic conflict. The limits of the median improvements are outlined in
the conditions of approval.
t7
PLANNING CO}~ISSION ST.~FF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June 8, 1994
Page 4
E. Security Plan: As part of the application, the applicant has provided a
security plan for the establishment. The applicant proposes to have
security personnel within the building and roaming the parking area
periodically. Additionally, the applicant proposes to use video
monitoring inside and outside the building to assist the security
personnel. The security plan is included as Exhibit "G." The Police
Department has reviewed the plan submitted and determined that security
personnel should be placed in the parking area on a continual basis as
opposed to the periodic basis proposed. The Entertainment Ordinance also
requires a duly licensed and uniformed security guard for the dance floor
area.
F. Fire District Review: The Fire Protection District has reviewed the plans
for the night club and has identified numerous items that will have to be
brought up to Code requirements in Order to occupy the building. These
items are outlined in Exhibit "H," and required as conditions of approval.
G. Crime Statistics: Because of the concern over land use compatibility,
staff requested a list of police calls received from the motel and
convenience market. The Police Department has provided a list of
complaints that have been received over the past seven years (see Exhibit
"I"). The majority of the complaints, however, are for petty theft. It
should be noted that the convenience market is under new ownership.
FACTS FOR FINDINGS: In order for the Planning Comission to approve the
Conditional Use Permit and the Entertainment Permit, the Co~nission must be
able to make the following findings:
A. Conditional Use Permit
1 · That the proposed use is in accord with the General Plan, the
objectives of the Development Code and the Foothill Boulevard
Specific Plan, and the purposes Of the district in which the site is
located.
2. That the proposed use, together with the conditions applicable
thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the
vicinity.
3. That the proposed use complies with each of the applicable provisions
of the Development Code and the Foothill Boulevard Specific Plan.
B. Entertainment Permit
1. That the conduct of the establishment and the granting of the
application would not be contrary to the public health, safety,
morals, or welfare.
2. That the premises or establishment is not likely to be operated in an
illegal, improper, or disorderly manner.
pLANNING COMMISSION STAFF REPORT
CUP 94-08 & EP 94-01 - SANCHEZ
June S, 1994
Page 5
3. That granting the application would not create a public nuisance.
4- That the applicant, or any other person associated with him as
principal or partner in a position or capacity involving partial or
total control over the conduct of the business for which such permit
is sought to be issued, has not been convicted in any court of
competent jurisdiction of any offense involving the presentation,
exhibition, or performance of any obscene show of any kind or of a
felony or any crime involving the moral turpitude, nor has any
approval, permit, license issued in conjunction with the sale of
alcohol or the provision of entertainment been revoked within the
preceding five years.
5- That the normal operation of the premises would not interfere with
the peace and quiet of the surrounding residential and co~nercial
Uses-
6. That the applicant has not made any false, misleading, or fraudulent
statement of material fact in the required application.
In reviewing the findings for both the Conditional Use Permit and the
Entertainment Permit, staff believes that the potential incompatibility
between the proposed use and the adjoining use can be mitigated through the
conditions of approval contained in the Resolutions for both the Conditional
Use Permit and Entertainment Permit applications.
RECOMENDATION: Staff recommends that the planning Commission approve
Conditional Use Permit 94-08 and Entertainment Permit 94-01 through adoption
of the attached Resolutions-
Respectfully submitted,
City Planner
BB:SM/jfS
Attachments: Exhibit "A" - Site Utilization Map
Exhibit "B" - Site Plan
Exhibit "C" - Landscape Plan
Exhibit "D" - Floor Plan
Exhibit "E" - Letter from Applicant
Exhibit "F" - Entertainment permit Application
Exhibit "G" - Security Plan
Exhibit "H" - Fire District Con~nents
Exhibit "I" - Police Department Crime Reports
Exhibit "J" - Letter from Property Owner
Resolution Of Approval for CUP 94-08
Resolution of Approval for EP 94-01
.... ~,~,"' VICINITY MAP
ENTERTAINMENT PERMIT APPLICATION
Applicants for entertainment permits shall complete the following questionaire:
PLEASE PRTNT OR TYPE
A. The name and permanent address of applicant:
- - - ~-~-~L~ _ f,"x-c~_-2~
Name ....................................
erTnanent Address ...... ~ .......... " .......
B. The name, proposed and current, if any, and business address of the applicant:
Name (Current an roposed) .........
BT~;iT~'d~% ..............................................
C. A detailed description of the prop<~sed entertainment, including typ~ of
entertainmerit, a~d number of.p. Ler_soris eri aged in the eritertainment (ma,a~_~ach
and the adrmssion f~, Lf any, to b~ cha~ged:
---~ -- --~ -~" ' ....~-_ _'~ .......7_ '
- __~T:~_'_~_,~ D___c3~__-_c-L_~ - ................................
E. The name(s) of the person(s) responsible for the management or supervision of
applicant's business and of any entertainment:
_ _ __X:t~-~ _,~o__c~,~_~_-u_ .....................................
F. A statement of the nature and character of applicant's business, if any, to be
carried on in con)unction with such entertainment, including whether or not
alcohol ,,vii] be served as part of such business:
supervision of applicant's business have been, within lhe previous ten years,
convicted of a crime, the nature of such offense, and the sentence received therefor
includins conditions of parole or probation, i/any:
H. Whether or nol applicant has ever had any permit or license issued in
toniunction with the sale of alcohol or provision of entertainment revoked,
includinM the dale thereof and name of the revoking agency:
..... _b~__,._ _~_,t-~-~ t _ _at__ ~ ~ ~_r~__ri~ ira__ __ci~___3~__x:__~_8r~
_ _ _ c:f--__ _EED~_ ~__-kC..in n-',,~,,~_~ _ _h,o,.~ _ _e~.r,.~-_ _~eei',_ .....
$ ~ sFci,,-c-k:f j_ _ cr_ _ ..ce ,.n ~ _ ._ ............... h ........
.Any false, misleading or fraudulent statement of material fact in the required
application shall be grounds for denial of the application for an entertainment
permit.
BABE'S CLUB 66
10134 FOOthill Blvd.
Rancho Cucamonga, CA 91730
SECURITY SYSTEM
At the front entry we will have one doorman to check ID's
and, one valet to direct parking.
At nightfall until closing, we will have a minimum of one
person at the front entry. During busier times we plan on
more vallets to expedite parking matters.
As we move through the entry, we travel the hallway into the
nightclub. The entire inside of Babe's Club 66 is open and
has no blind spots to obstruct the view. We will use half-
walls or open railings throughout to achieve this.
At the end of the entry hall our second security man will
collect the cover charge, if any, and check for weapons with
a metallic activated wand. Behind him is a camera, that can
be seen by everyone. There's approximately a dozen cameras
inside and outside monitoring the entire operation.
Hillel Durel is our director in charge of training and the
management of our security. He has six years experience in
civilian security and the military. Currently he is taking
advanced training in EMT and CPR, which will be passed on to
our staff.
The deployment of security will be as follows:
DAY SHIFT NIGHT SHIFT PEAK: WEEKEND NIGHTS
1- Doorman 2- Doormen 2- Doormen
1- Security 2- Security 4- Inside security
1- Mananger 1- Valet 2- Valets
1- Manager l- Manager
For parking lot security we will maintain a minimum of one
footcandle of light on the pavement surface. We will provide
photometric design to support this.
FIRE DEPARTMENT REVIEW
Exterior: We will provide aisle widths per Rancho Cucamonga
Planning Department. There is a fire hydrant in front of the
building, and the entire building will be sprinklered per
code.
Interior: We have shown the location of fire extinguishers,
emergency lighting with battery back-up, and exit signs
conformin~ to current U.B.C. We have worked with the Rancho
Cucamonga Planning Dept. to determine interior aisle widths
and traffic flow.
1
HANDICAP REVIEW
Exterior: The parking lot has no stairs nor abrupt changes
in elevation. We have provided three HC parking spaces near
the main entrance.
Interior: We will provide ramps that do not exceed 1/12
height to length ratio per standard codes. We have designed
corridors, bathroom doors, and exit doors for the
handicapped. The bathrooms have been designed by the latest
ADA Compliance Guidelines, California Access Code.
SOUND
There will be no outdoor speakers. Any sound from the
building will not exceed 65 decibels at the property line.
SCHEDULE OF EVENTS
NIGHTS
Monday: Amateur Night- Music, vocals, comedy.
Tuesday: Kareoke Contest Night
Wednesday: Oldies but Goodies Night- 50s & 60s Rock
Thursday: House Band. 25 cent Draft Beer
Friday:
Saturday: Contract Band: Blues, Jazz, Big Band,
Rock and Roll, Country Western
Sunday: House Band
DAYS
Monday: Senior Pool and Dart Tournaments, Free Buffet
Tuesday: (same as Monday)
Wednesday: Lingerie Show & Business Luncheon, Soap Opera
TV Viewing.
Thurday: (same as Wednesday)
Friday: Sports Events: Buffet, Juke Box, Kareoke
practice.
Saturdayi (same as Friday)
Sunday: Cowboy Western Day: 2-step, line dance lessons,
Country Bar-B-Q, Rodeo clowns, etc.
EMERGENCY PROCEDURES
1. CPR training by personnel
2. Knowledge and use of fire extinguishers
3. Trained and licensed in use of pepper spray
4. Trained in how to "hold" and "secure"
5. Trained by entire staff in crowd control
6. Trained in how to cooperate with local Fire Department
and Police.
May 6, 1994
Babe's Club 66
10134 Foothill Blvd.
Rancho Cucamonga, California 91730
ATTN: Steve Tustasecca and John Sanchez
Dear Steve and John:
Following are the quotations you requested for closed circuit
television, security alarm system, and fire alarm and security
alarm monitoring. Also enclosed is a revised drawing showing
suggestions we recommend. Please note that on the outdoor cameras
we have eliminated some locations and opted to use panning motors
to view the parking lot. We have also opted to use panning motors
on various locations on the inside of the bar. The interior
cameras are quoted without housings. Housings are available if you
prefer. The cameras proposed are high quality chip-type cameras and
were chosen based on environment and lighting.
We will furnish and install a Closed Circuit Television System
consisting of:
3 Panasonio WVBP100 Black and White Cameras for outside
3 Pelco EH4500 Weatherproo[ Camera Housings for outside
3 Pelco PEPT480 Motorized Panning Motors for outside
2 Sanyo VDL2324A Fixed-Mounted Black and White Cameras
at front entrance and business office
2 Computar TO812CS Lenses
2 EMI 6" Camera Mounts
4 Sanyo SYVDC2324A Black and White Cameras for inside
4 Pelco PS724 Motorized Panning Mounts for inside
4 Computar TO812CS Lenses
1 Robot MV16 Multiplexer
1 Gyyr TLC1850 Time Lapse Recorder
1 Sony SSM17 17" Black and White Monitor
necessary wire and hardware
Total, Installed, Including tax .......................... S18800.00
We will furnish and install a Security Alarm System consisting of: I FBII XL3 12-Zone Control Panel
I FBII XL4612SM 12-Zone Digital Key Pad
1 Yuasa 12v, 7ah Rechargeable Battery
4 Passive Infrared Beams
May 6, 1994
Babe's Club 66
ATTN: Steve Tustasecca and John Sanchez
page two of two
7 Doors Alarmed
2Large Sirens
Large Siren Box
necessary wire and hardware
Total, Installed, Including Tax .......................... $1740.00
Central Station Monitoring of Security Alarm System is $26.50 per
month.
We will furnish and install a Fire Alarm Monitoring Communicator
to monitor flow valve and PIV valve installed by sprinkler
contractor. Equipment to consist of:
1 Radionics D2071 Dual Line Communicator
note: two telephone lines are needed to monitor the system
(telephone lines furnished by customer)
Total, Installed, Including Tax .......................... $350.00
Central Station Monitoring of Fire Alarm System is $48.00 per month
(includes required dual line transmission and daily timer test).
After reviewing the quotes, you may find that due to cost you may
like further changes. Please feel free to contact us to discuss
any changes.
Thank you.
Sincerely,
TRI-XECUTEX CORPORATION
Ronald M. Podojil
RMP:jf
enclosure
Babe's Rou~e 66 (formerly Peppermint Elephant}
Proie~
Aaaxes5 1015~ Foothill Blvd.
~mmen~ By S~an De~tonio Dace ~rch 31,199~
~mmen~: C~ 94-08 ~ ET 94-01 Scot~ ~hy
1. Mini~ ~idth of drive~ys for Fire Dept. access is 26 fee~.
2. Occu~n~ load '~lculations on site pl~ face shee~ co~lic~ ~h ca~cities
sho~ on floor ply- Occu~cy is ~ A 2.1 ~sed on his~o~l ~e~ size
and ~esent ~lcula~ions. Fire De~t. ~11 dete~ine ~xi~ u~cities o{
all ~blic assembly areas withou~ "~udin{-uD" to the nex~ higher
or ~actorin~ in 10% overcrowdin~ flare noted in ~ifon Fire Code 25.114fb~.
Fire Alan System re,red by ~ifon Fire Code Article 14. Fire Dete~tion
System retired by RC~D Ordinance 15. Fire S~ink~ers re~ired by RC~D
~dinance 15. Central Station ~nitoTing ~ired ~or above no~ed ~v~tems_
4. ~ox ~x retired.
5. A ~oblem wi=h exiling is an~ici~ed with new ~blic exit ou~ ~f east ~I1
in [o~er ~lchen area. ~is ~y n~ be a sa[e exit ~th due ~o
line.
~ ~eT~e~cv li[h~i,[ ~l~a ~h,,,ah,-~ ~.~al-g ~-- all ~lhways.
7. ~e~e is {ood ~oln~ =o ~ pve~red? E~s~ing Kitchen and built-in [ire
=ecEion sys=e~ are eli~nated on plan.
8. ~a~ me=hod of f~d hea=ing is ~o~s~d for b~fel =abl~s?
9. I~ is reco~ended a ~rking s~ce a~ =he rain en=nnce ~ rese~ed
desi~a=ed lot emergency vehicXes only.
Project Babe's Route 66 (formerly Peppermint Elephant)
Address 10134 Foothill Blvd.
Comments By. Susan DeAntonio .Date March 31, 1994
Comments: Continued
10. Special care required to bring interior finish of long vestibule up to min-
mt~ I hour requirement.
11. Different floor/seating plans will be required if use changes in area from
day to day. Fire Dept. must aVVrove all orior to implementation.
Scott - P/e need a site plan that is le~iblq, Please provide a larger size.
Thanks, Susan ~
*** LOCATION INQUIRY RESPONSE *** MLi: 32909
ADR:10110 FOOTHILL BL CITY:RCC MAP:21246880220970 RD:RC030 FD:FTHOSD
*** INCIDENT SUMMARIES ***
082187 DISTURBING THE PEACE LOC
70020712 100487 PETTY THEFT LOC
870022819 101387 PETTY THEFT LOC
870023510 101787 NON-INJURY TRAFFIC COLLISION LOC
870034151 120487 HIT & RUN NON-INJURY LOC
880008052 020688 PETTY THEFT LOC
880013505 030188 SUSPICIOUS PERSON LOC
880016905 031688 BURGLARY LOC
880021617 040688 PETTY THEFT LOC
880031346 052088 PETTY THEFT LOC
880037006 061588 PETTY THEFT LOC
880041596 070588 RESISTING POLICE OFFICER LOC
880048547 080388 PETTY THEFT LOC
880054137 082788 NON-INJURY TRAFFIC COLLISION LOC
880054231 082888 PETTY THEFT LOC
880057115 090888 ANNOYING TELEPHONE CALLS LOC
880058037 091388 FOUND PROPERTY LOC
880058834 091688 GRAND THEFT LOC
880059540 091988 PSYCHO/MENTAL DISORDER LOC
880066700 101988 DISTURBING THE PEACE LOC
880069207 103088 PETTY THEFT LOC
880070553 110588 PETTY THEFT LOC
880070942 110688 TC WITH MAJOR INJURIES LOC
880079042 121188 PETTY THEFT LOC
880079507 121388 PETTY THEFT LOC
880080486 121888 DRUNK IN PUBLIC LOC
890002795 011389 DRUNK IN PUBLIC LOC
890003712 011789 PETTY THEFT LOC
~0004261 011989 TC WITH MINOR INJURIES LOC
021089 PSYCHO/MENTAL DISORDER LOC
890012642 022189 PETTY THEFT LOC
890014630 022889 PETTY THEFT LOC
890019987 032089 PETTY THEFT LOC
890020863 032489 PETTY THEFT LOC
890021534 032689 PETTY THEFT LOC
890021983 032889 PETTY THEFT LOC
890024445 040489 PETTY THEFT LOC
890025452 040889 PETTY THEFT LOC
890025671 040889 PETTY THEFT LOC
890032383 043089 PETTY THEFT LOC
890045903 061489 BURGLARY LOC
890055901 071289 PETTY THEFT LOC
890056660 071589 PETTY THEFT LOC
890059526 072389 BURGLARY LOC
890063423 080389 PETTY THEFT LOC
890065238 080889 PETTY THEFT LOC
*** LOCATION INQUIRY RESPONSE *** MLi: 329G9
ADR:10110 FOOTHILL BL CITY:RCC MAP:2!246880220970 RD:RC030 FD:iTHECC
*** INCIDENT SUMMARIES *** CONTINUED
890066253 081089 PETTY THEFT LOC
890070092 082189 PETTY THEFT LOC
890074905 090489 DRUNK IN PUBLIC LOC
890079087 091689 UNLAWFUL POSSESSION MARIJUANA LOC
890084479 100289 DRUNK IN PUBLIC LOC
890084577 100389 PETTY THEFT LOC
890086014 100789 MALICIOUS MISCHIEF LOC
890086636 100989 PETTY THEFT LOC
890088744 101589 PETTY THEFT LOC
890097050 110789 PETTY THEFT LOC
890098399 111089 PETTY THEFT LOC
890102022 112089 PETTY THEFT LOC
890112110 121989 PETTY THEFT LOC
890112229 121989 HIT & RUN NON-INJURY LOC
900009592 012790 PETTY THEFT LOC
900016618 021490 PETTY THEFT LOC
900022658 030190 PETTY THEFT LOC
900028934 031790 PETTY THEFT LOC
900029368 031990 ROBBERY LOC
900029739 032090 PETTY THEFT LOC
900030534 032290 PETTY THEFT LOC
900053978 052390 ROBBERY LOC
900055517 052790 PETTY THEFT LOC
900060574 060990 PETTY THEFT LOC
900082669 080890 PETTY THEFT LOC
900083540 081190 PETTY THEFT LOC
900085344 081690 PETTY THEFT LOC
900089415 082790 PETTY THEFT LOC
900105643 100790 BURGLARY LOC
900106736 100990 PETTY THEFT LOC
900111319 102190 POSS/WFG/SELL DANGEROUS WEAPON LOC
900116590 110490 PEDCK LOC
900119247 111090 PETTY THEFT LOC
900121712 111790 ROBBERY LOC
900131960 121490 PETTY THEFT LOC
900136052 122690 ROBBERY LOC
910006973 011991 PETTY THEFT LOC
910011178 012991 PETTY THEFT LOC
910012893 020391 ROBBERY LOC
910019718 021991 PETTY THEFT LOC
*** LOCATION INQUIRY RESPONSE *** MLi: 32909
ADR:10110 FOOTHILL BL CITY:RCC MAP:21246880220970 RD:RC030 FD:FTH000
*** INCIDENT SUMMARIES *** CONTINUED
10039781 041291 PETTY THEFT LOC
7838 050891 PETTY THEFT LOC
910053801 051891 PETTY THEFT LOC
910057993 052991 NON-INJURY TRAFFIC COLLISION LOC
910065279 061691 PETTY THEFT LOC
910067254 062191 PETTY THEFT LOC
910068302 062391 PETTY THEFT LOC
910072695 070591 PETTY THEFT LOC
910076141 071391 ROBBERY LOC
910080746 072591 PETTY THEFT LOC
910082014 072891 PETTY THEFT LOC
911100975 082491 PETTY THEFT LOC
911101080 082691 ROBBERY LOC
911101092 082791 PETTY THEFT LOC
911101124 082891 PETTY THEFT LOC
911101547 090891 PETTY THEFT LOC
911101823 091491 PETTY THEFT LOC
911102196 092391 INCIDENT/MISC LAW INF CALL LOC
911103060 101391 PETTY THEFT LOC
911103258 101891 BRANDISHING A WEAPON LOC
911103418 102191 PETTY THEFT LOC
911103689 102891 PETTY THEFT LOC
911104346 111391 PETTY THEFT LOC
911104678 112091 ROBBERY LOC
911104998 112791 PETTY THEFT LOC
911105022 112891 PETTY THEFT LOC
911105144 120291 PETTY THEFT LOC
921100112 010392 PETTY THEFT LOC
1100436 011192 PETTY THEFT LOC
)1018 012692 PETTY THEFT LOC
)1282 013192 PETTY THEFT LOC
921101711 021192 PETTY THEFT LOC
921101751 021192 PETTY THEFT LOC
921102664 030592 PETTY THEFT LOC
921102953 031392 PETTY THEFT LOC
921102993 031492 PETTY THEFT LOC
921103314 032292 PETTY THEFT LOC
921103464 032592 BURGLARY LOC
921105645 051792 A~gSAULT ON DEPUTY REPORT LOC
921106438 060692 ROBBERY LOC
921106645 061192 BURGLARY LOC
921106674 061292 INCIDENT/MISC LAW INF CALL LOC
921107063 062292 PETTY THEFT LOC
921107102 062392 ROBBERY LOC
921107917 071692 EMBEZZLEMENT LOC
931106301 053193 MALICIOUS MISCHIEF LOC
931107985 071093 DRUNK IN PUBLIC LOC
931113240 111393 TC WITH MINOR INJURIES LOC
ADR:10120 FOOTHILL BL CiTY:RCC MAP: RD:
*** INCIDENT SUb!MARIES ***
880016297 031388 PETTY THEFT LOC
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880050205 081188 DRI/NK IN PUBLIC LOC
880057403 091088 BURGLARY LOC
880065633 101588 PC602 5 LOC
900010439 012990 CHILD ABUSE LOC
900129993 120890 BATTERY LOC
910051123 051291 PC273 5 LOC
910054264 052091 MALICIOUS MISCHIEF LOC
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921100280 010792 INCIDENT/MISC LAW INF CALL LOC
921101053 012692 ASSAULT ON DEPUTY REPORT LOC
921104782 042592 DRUNK IN PUBLIC LOC
921105338 050992 CHILD ABUSE LOC
921105396 051092 PC273 5 LOC
921107221 062792 PC273 5 LOC
921111846 102592 PETTY THEFT LOC
921112386 110792 PC261 5 LOC
921114252 122292 RESISTING POLICE OFFICER LOC
931100391 011093 BEYOND PkRENTAL CONTROL/ETC LOC
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941100159 010494 UNDER INFL CONTROLLED SUBSTANC LOC
941105914 051494 FELONY SPOUSE BEATING LOC
To Whom It May Concern:
This letter is in regards to some concern that the city would
like an explanation on how to control the parking area for Motel
66 Shop And Go and the Leased Premises. The reason why the
previous tenant, better known as the "Peppermint Elephant", had
to vacate the Leased Premises are as follows:
Motel 66 Parkinq Area
Motel 66 has 13 parking spaces around the building exclusively.
The way my manager makes sure that no one else uses these spaces
but the tenants is by enforcing these rules for the last 17
years without any significant problem:
a. I have a manager residing in the Motel 66 at all times
maintaining the rules and regulations that I requested from
her to enforce.
b. There is a sign on the motel that indicates parking for
Motel 66 tenants only.
c. The parking stripes are painted in yellow, distinguishing
them from the rest of the parking area.
d. Red plastic traffic cones are placed in Motel 66 spaces when
tenants do not occupy them.
e. Towing area posted. If any unauthorized car parks in the
space the manager will contact the Leased Premises to
announce that the car is wrongfully parked and will be towed
away unless the owner of the car moves the vehicle.
Shop And Go Convenience Store
Shop And Go has 6 exclusive parking spaces per its Lease
agreement in front of the store and there are 2 employees
working at the store at night. It will be very easy for them to
control who parks in the front more than five minutes. As you
know convenience stores are to buy and leave quickly. If a car
is parked more than 10 minutes the manager will notify the
Leased Premises as stated above in paragraph e.
During my last 12 years of operations I have had very
insignificant problems as to the parking area and my manager has
enforced it very effectively. If any violations we have had
usually occur during busy times on Fridays and weekends. Such
violation only occur rarely.
Peppermint Elephant
The above party who leased from me the Leased Premises owe me a
large sum of money in excess of $120,000 which they were
supposed to pay to me on schedule on a monthly basis. They have
not honored their agreement and I had no other choice but 'to
evict them. To add to this, they did some remodeling without
permit from the city.
I am willing to cooperate with the city on any level to make
sure that all these requirements are met by the city.
Sincerely,
Eddie Lakkees
RESOLUTION NO. 94-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RA_NCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
pERMIT NO. 94-08, A REQUEST TO ESTABLISH A NIGHT CLUB AND
SPORTS BAR, INCLUDING ENTERTAINMENT, AMUSEMENT DEVICES
(VIDEO/ARC~iDE GAMES), AND THE ON-SITE CONSUMPTION OF
ALCOHOLIC BEVERAGES, WITHIN AN EXISTING BUILDING IN THE
COMMUNITY COM/{ERCIAL DESIGNATION (SUB~_REA 3) OF THE
FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134
FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077-601-07 AND 08.
A. Recitals.
1. John Sanchez has filed an application for the issuance of
Conditional Use Permit No. 94-08 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
2. On the 8th day Of June 1994, 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 substantial evidence presented to this Commission
during the above-referenced public hearing on June 8, 1994, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a. The application applies to property located on the north
side of Foothill Boulevard, approximately 170 feet from the Hermosa Avenue
intersection, with a street frontage of 132 feet and lot depth of 387 feet and
is presently developed with a commercial building, formerly used as a night
club; and
b. The property to the north of the subject site is designated
for commercial uses and is vacant. The property to the south of the site is
designated for commercial uses and is developed with a restaurant. The
property to the east is designated for commercial uses and is developed with a
house converted to an office. The property to the west is designated for
commercial uses and is developed with a motel and convenience market; and
c. Night clubs serving alcoholic beverages and/or providing
entertainment are allowed in the Community Commercial designation of the
Foothill Boulevard Specific Plan subject to review and approval of a
conditional use permit application; and
PLANNING COMMiSSiON F DLUTiON NO. ~4-42
CUP 94-08 - JOHN SANCa~Z
June 8, 1994
Page 2
d. The subject property is within a designated Activity Center
pursuant to the Foothill Boulevard Specific Plan; and
e. The development of the night club and sports bar is
consistent with the Community Commercial designation of the Foothill Boulevard
Specific Plan and the Commercial designation of the General Plan; and
f. The application proposes to upgrade the site to include
providing additional parking and landscaping consistent with the requirements
of the Foothill Boulevard Specific Plan and the Development Code; and
g. The application, with the attached conditions of approval,
will comply with all applicable standards of the Foothill Boulevard Specific
Plan and the Development Code,
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this commission hereby finds and
concludes as follows:
a. That the proposed use is in accord with the General Plan,
the objectives of the Development code, and the purposes of the district in
which the site is located; and
b. That the proposed use, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
c. That the proposed use complies with each of the applicable
provisions of the Development Code.
4. Pursuant to State CEQA Guidelines, it has been determined that
the proposed project does not have the potential for causing significant
effects on the enviroD_ment. The project has been determined to be exempt from
CEQA pursuant to Section 15061(b)(3). The Planning Commission, having final
approval -'over this project, has reviewed and considered this exemption,
including the comments received during the public review process, prior to the
approval of this project.
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 Division
1) Roof screening shall be provided on all sides to
screen views of the existing and new roof-
mounted equipment. The final design of the
screen shall be reviewed and approved by the
City Planner prior to the issuance of building
permits or commencement of use, whichever comes
first.
PLANNING COmMISSiON OLUTiON r;O. 54-42
CUP 94-08 - JOHN SAN~nEZ
June 8, 1994
Page 3
2) A decorative metal fence within a landscape
planter shall be provided between the parking
area for the night club and the
motel/convenience market. The planter shall be
a minimum of 5 feet in width and may be located
on the adjoining property. The final plans
shall be reviewed and approved by the City
Planner prior to the issuance of building
permits or commencement of use, whichever comes
first.
3) Landscaping and herdscape shall be installed
across the Foothill Boulevard frontage within
the 2B-foot building setback area, as measured
f~om the ultimate curb, consistent with the
requirements of the Foothill Boulevard Specific
Plan activity center. The developer may defer
the portion within the public right-of-way
subject to contribution towards future
construction and shall be provided prior to
building permit issuance.
4) Accent paving shall be provided at the project
entry outside of the public right-of-way. The
final plans shall be reviewed and approved by
the City Planner prior to building permit
issuance or commencement of use, whichever comes
first.
5) The building shall be repainted. The final
color shall be reviewed and approved by the City
Planner prior to building permit issuance or
commencement of use, whichever comes first.
6) Security personnel shall be provided within the
parking area at all times during the evening and
night hours.
7} The building shall comply with all requirements
of the Rancho Cucamonga Fire Protection
District. The plans shall be reviewed and
approved by the Fire District prior to building
permit issuance and compliance with all
requirements shall be obtained prior to
commencement of use of the building and site.
8) The building shall comply with all requirements
of the Uniform Building code. The plans shall
be reviewed and approved by the Building
Official prior to building permit issuance and
compliance with all requirements shall be
obtained prior to commencement of use of the
building and site.
PLANNING COMM, ISSiON: 'OLUTiON NO. ~4-42
CUP 94-08 - JOHN SANL._Z
June 8, 1994
Page 4
9) Approval is granted for a night club, sports,
bar, amusement devices (video/arcade games), and
entertainment as identified in Entertainment
Permit 94-01. No adult entertainment is
permitted.
10) If the operation of the business creates law
enforcement and/or fire safety problems, such as
but not limited to, loitering and disturbances,
noise, overcrowding, blocked fire exits, etc.,
this Entertainment Permit shall be brought
before the Planning Commission for consideration
Of modification and/or revocation.
11) All existing signs shall be removed or modified,
subject to City Planner review and approval of a
Sign Permit, to conform to the City's Sign
Ordinance.
12) The site plan shall be revised to construct the
5-foot landscape planter located at the north
end of the site, west of the new parking area,
completely within the subject property.
13) Concrete bumper stops shall be provided in the
three parking spaces located at the northeast
and northwest corners of the building to prevent
cars from hitting cars parked in the adjoining
spaces.
14) The hours of operation shall be limited to
11 a.m. to 12 midnight, Sunday through
Wednesday, and 11 a.m. to 2 a.m. Thursday
through Saturday.
15) A copy of this Resolution shall be attached to
any lease for this space.
16) This approval shall become null and void if a
Certificate of Occupancy is not issued within 18
months from the date of approval, unless an
extension has been grated by the Planning
Commission. This Conditional Use Permit shall
be monitored and brought hack to the Planning
Commission within six months from occupancy to
review compliance with all Conditions of
Approval and applicable city ordinances.
Failure to comply with the Conditions of
Approval or applicable city ordinances shall
cause the suspension of the Conditional Use
Permit and possible revocation of the
Conditional Use Permit by the Planning
Commission.
CUP 94-08 - JOHN SAN~
June 8, 1994
Page 5
17) A decorative metal fence shall be installed
around the perimeter of the site.
Enqineerinq Division
1) A subdivision map (parcel map) shall be
performed as required by the City Engineer prior
to the issuance of building permits.
2) Contribution towards the construction of full
frontage improvements on Foothill Boulevard for
Parcel No. 1077-601-07 shall be provided prior
to building permit issuance.
3) Install the median, including landscaping and
irrigation, on Foothill Boulevard.
a) The minimum limits of the median shall be
determined by Caltrans and the City
Engineer. The existing pavement shall be
widened as necessary to accommodate the
median, four travel lanes, and sufficient
shoulder within the existing right-of-way.
The developer shall be eligible for
reimbursement as redevelopment/development
occurs to the full amount, less the value of
his frontage.
b) If all other conditions of approval have
been met to occupy the structure and
calTrans has not determined if the median
will be allowed, the applicant may post a
cash deposit or other security acceptable to
the City Engineer to Cover the cost of the
median installation. The deposit amount
shall be established by the City Engineer
and shall be paid prior to occupancy of the
structure.
c) If Caltrans does not allow installation of
the median, contribution towards one-half
the cost of construction of the Foothill
Boulevard median, including landscaping and
irrigation per lineal foot of frontage,
shall be provided prior to building permit
issuance.
4) Contribution toward the cost per linear foot of
undergrounding, as defined by ordinance, for the
lines on the project side of the street shall be
provided.
CUP 94-0S - jOHN
June 8, 1994
Page 6
5) An ingress/egress easement shall be provided for
all adjacent properties.
6) Connection to the private drainage system to the
back of the basin on Hermosa Avenue requires
structural analysis. Substantiate both the
structural integrity of the existing basin with
the proposed connection and the structural
integrity of the method of connection to the
basin.
7) The vehicle stacking distance from Foothill
Boulevard shall be 75 feet from the ultimate
fa~e of curb. The final plans shall reflect
this requirement and shall be reviewed and
approved by the City Engineer prior to the
issuance of building permits.
6. The secretary to this Commission shall certify to the adoption Of
this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994.
PLANN E CITY OF RANCHO CUCANONGA
I, Brad Bullet, Secretary of the Planning commission of the City of Rancho
Cucamonga, do hereby cer~:ify 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 8th day of June 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
SUBJECT:
APPLICANT:
Those items checked are Cond~ions of ~pmval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. T~me LImits c,=m,,~mm ~=
X1. Approval shall expire, unless extended by the Planning Commission, if building permits are ----/ /
not issued or approved use has not COmmenced within 24 months from the date of approval.
2. Development/Design Review shall be approved prior to ~' / , / /
3. Approval of Tentative Tract NO. is granted subject to the approval of __/ /
4. The developer shall COmmence, participate in, and COnsummate or cause to be COmmenced, ---/ /
participated in. or consummated, a Mello-Roos Community Fadlities District (CFD) for the
Rancho Cucamonga Fire Protection Distdct to finance COnstruction and/or maintenance of
a fire station to serve the development. The station shall be located, designed, ar~ built to
all specifications of the Rancho Cucamonga Fire Protection District. and shall become the
Oistdct's property upon COmpletion. The equipment Shall be selected by the District in
accordance with its needs. In any building of a station, the developer shell cornply with ait
al:~licable laws and regulations. The CFD shell be formed by the District and the developer
by the time recordation of the final map occurs.
5. Prior to recordation of the final map or the issuance of building permits, whichever comes __./ /
first, the applicant shall COnsent to, or participate in, the establishment of a Melio-Roos
Community Facilities Dimrid lot the COnstruction and maintenance of necessaW SChool
facilities. However, if any school district has previously established suc~n a Community
Facilities District, the applicant shall, in the alternative, COnsent to the annexation of the
project site into the territory of such existing District prior to the reCordation of the final map
or the issuance of building permits, whichever COmes first. Further, it the affected SChool
district has not formed a Melio-RooS Community Facilities District within twelve months frOm
the date of apprOval of the project and prior to the recordation of the final map of issuance
of building permits for said project, this COndition shall be deemed null and void.
~ - 12/93 I of 12
This condition shall be waived ff the City receives notice that the applicant and all alfected
scho~t districts have entered into an agreement to pnvately accommodate any and all school
impacts as a result of this project.
6. PriOr tO recordation of the final map or prior tO issuance of building perm ts when no map s .__/ /
involved, written certification from the affected water district that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the
Department ot Community Development. Such letter must have been issued by the water
district wit bin 90 days prior to final map approval in the case of subdivisiOn or prior to issuance
of permits in the case of all other residential projects.
B. 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 colore, landscaping, sign
program, and grading o. ,i,e i. ,he' ; co.,ained he,e,n.
Development Code regulations, and
Specific Plan and
Planned Community.
t 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 City Planner.
/'~ 3. OccuPancYofthefacilifyshallnotcomrnenceuntilsuchtimeasallUniformBuildingCodeand __/ /
State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior to
occupancy.
Y// 4. Revised site plans and building elevations incorporating all Conditions of ApprOval shall be ._J /.
submitted for City Planner review and approval prior to issuance of building permits.
,/~ 5. All site, grading, landscape, imgation, and street imprOvement plans shall be coordinated for -.--/ /
consistency priorto issuance of any permits (such as grading, tree removal, encrOachment
building. etc.), or prior to final map approval in the case ol a custom lot sulxlivision, or
approved use has commenced, whichever comes firsl.
6. Approval of this request shall not waive compliance with all sections of the Development ._J /
Code, ,all other applicable City Ordinances, and applicnhle Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
~(~ 7. A detailed on-site lighting plan shall be reviewed and apprOved by the City Planner and / /
Sherltrs Department (989-6611) pdor 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. If no centralized trash receptacles are provided, all trash pic~-up shall be for individual units ._J /
with all receptacles shielded frOm public view.
~' 9. Trash receptacle(s) are required and shall meet City standards. The final design, iocetions .J /
and the number of trash receptacles shall be subject to City Planner review and apprOval
prior to issuance of building permits.
10. All grOund-mounted utility apf~urtenances such as transformers, AC condensers, etc., shaft __./_ _ J __
be located out of public view and adequately screened through the use of a combination of '
concrete or rnasonn/walls, berming, and/or landscaping to the satisfac'ticn of the City
Planner.
sc - t2/93 2or t2
11. Street names shall be submitted for City Planner rev,ew and approval ,n accordance with ~ ,__
the adopted Street Naming Policy prior to approval of the final map.
12.All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical condit one, fencing, and _._/ /
weed control, in accordance with City Master Trail drawings. shall be submitled for City
Planner review and approval priorto approval and recordation of the Final Tract Map and prior
to approval of street improvement and grading plans. Developer shall upgrade and construct
all trails. including fencing and drainage devices. in conlunction with street improvements.
14. The Covenants. Conditions and Restrictions (CC&RS) shall not prohibit the keeping of equine __ /
animals where zoning requirements for the keeping ol said animals have been met. Individual
lot owners in subdivisions shall have the option of keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC&Rs.
15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded concun'ently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer·
16. Allparkways, openareas, andlandscapingshall be permanently maintained bytheproperty .__./ /
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or .--/ /
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system· The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordalton of the linai mad or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, structures, fixtures or any other object, except lot utili~ wires and
similar objects, pursuant to Development CoOs Section 17.08.060-G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and .._J /
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further modifications to the site including, but not limited to, exterior alterations and/or
interior alterations which 8ffecl the exterior of the buildings or structures, removal of landmark
trees. demolition, relocatlon. reconstruction of buildings or stnJctures, or changes to the site,
shall require a modification to the Historic Landmark Alteration Permit suloject to Historic
PreservatiOn Commission review and approval.
C. Building Design
1. An alternative energy system is required to provide domestic hot water for all dwelling units ---/ /
and lot heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimming Ix~ols installed at the
time of initial development shall be supplemented with solar heating. Details Shall be
included in the building plans and snail be submitted for City Planner review and approval
prior to the issuance of I~uilding permits.
2. All dwellings shall have the front. side and rear elevations up<Jraded with architectural ----J /
treatment. detailing and increased delineation of surtace treatment subject to City Planner
review and approval pnor to issuance of buttcling permitS.
3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for / /
City Planner and Building Official review and approval prior to issuance of building permits.
~ 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _._/ /.
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction of the City Planner.
Details shall be included in building plans.
D. Parking and Vehicular ACCess (Indicate details on hullcling plans)
,A~/ 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall __J /
contain a 12-inch walk adjacent to the parking stall (including curo).
.2. Textured pedestrian pathways and textured pavement across circulation aisles shall be ---J /
provided throughout the development to connect dwellings/units/buildings with open spaces/
plazas/recreational uses.
y 3. All parking spaces shall be double striped per City standards and all driveway aisles, __/ /
entrances, and exits shall be striped per City standards.
4. All units shall be provided with garage door openers if driveways are less than18 feet in .--J /
depth from back of sidewalk.
5. The Covenants, Conditions and Restrictions shall restdct the storage of recreational vehicles ~ /
on this site unless they are the principal source of transportation tor the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and .--/ /.__
Rancho Cucarnonga Fire Protection District review and approval prior to issuance of building
permits.
E. Landscaping (for publicly maintained landscape areae, refer to Section N.)
~ 1. A detailed landscape and irrigation plan including slope planting and model home andscap- .__/ /
~ng ~n the case of residential development, shall be predated by a licensed landscape
architect and submitted for City Planner review and al;~oroval 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 .__/ /
m accordance with the Mu nici~at Code Section 19.08.110, and so noted 0 n the grading plans.
The location of those trees to be preserved in place and new locations fortransplanted trees
shall be shown on the detailed landscape plans. The al~licanl shall follow all of the aroorist's
recommendations regaling preservation, transplanting and trimming methods.
3. A minimum Of trees per gross acre, cempdsed of the following sizes, shall be provided / /
w~hin the project: % - 48- inch pox or larger, % - 36- inch box or larger,
% - 24- inch IDO= or larger, % - 15-gallon. and __ % * 5 gallon.
/'~ 4. A minimum of ,~ % of trees p anted within the project shall be specimen size trees - / /
/ -
24-inch pox or larger.
5. Within parking lots. trees shall be planted at a rate of one 15-gallon tree for every three .__/ /
parking stalls. sufficient to shade 50% of the parking area at solar noon on August 21.
sc. 12/93 4 of 12
6. Treesshallbeplantedinareasofpublicviewadjacenttoandalongstructuresatarateo/one
tree per 30 linear feet of building,
7. All private slope banks 5 feet or less in vertical height and of 5:1 or greater slope, but less than __j /
2:1 slope. shall be, at minimum. irrigated and landscaped with appropnate ground cover for
erosion control. Slope planting required by this section shall include a permanent irrigation
system to be installed by the developer prior to occupancy.
8. AIIprivateslopesinexcessof5feet.butlessthanafeet inverticalheightandol2:lorgreater ---J /
slope Shall be landscaped and irrigated for erosion control and to softer their appearance as
follows; one 15-gallon or larger size tree per each 150 sq. ft. ol slope area, 1 -gallon or larger
size shrub per each 100 sq. li. of slope area, and appropriate ground cover. In addition, slope
banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include One
5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be
planted in staggered clusters to soften and vary slope plane. Slope planting requirecl by this
section shall include a permanent irrigation system to be installe~l by the developer prior to
occupancy.
9. For single family residential development. all slope planting and irrigation shall be continu-
ously maintained in a he allby and thriving condillon by the developer until each individual unit
is sold and occupied by the buyer. Prior to releasing occupancy for those u nits, an inspection
shall pe conducted by the Planning Division to determine that they are in satislactory
condition.
10. For multi-family residential and non-residential development, propetb/owners are respen- ._J /
sible for the continual maintenance ot all landscaped areas on-site, as well as contiguous
planted areas within the public right-of-way. All landscaped areas shall be kept tree from
weeds and debris and maintained in a healthy and thdving condition, and shall receive
regular pruning. fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant malerial snail be replaced within 30 days from the date of damage.
11. Front yard landscaping shall be required per the Development Code and/or J /
· This requirement shall be in a(idition to the required
street trees and slope planting.
12. The final design ol lhe perimeter parkways, walls, landscaping, and sidewalks shall be j /
includad in the requirad laodscape plans ang shall be subject to City Planner review aod
approval and coon:linate~l for consistency with any pails'way laodscal~ing plan which may be
required by the Engineering Division.
13. Special land
42~ ;1~;..;.:': ',-:.:t~, ""c~-'_12:'! _'2h2"*~}. _-. .'~_ :.::';.2.-:'::. '; ,j~-.~;,,~, is required along
14. Laodscapin~ ar~ irrigation systems required to be installed within the public rig~l-ol-way on / /
the perimeter of this project area shall be continuously maintaineq by the developer.
15. All walls shall be provided with decoralive treatment. Iflocate{I in J /
lhe desert shall be cooffiinated with the Engineering Division.
16. Tree maintenance criteria shall be developad ar"~l submitrod for City Planner review ar,~l _j _ J
approval prior to issuance of building permits. These cntena shall encourage the natural
growth characterislics ol the selected tree species.
17. Landscaping and irrigation shall be designed to conserve water through the principles of _J
Xeriscape as define~l in Chapter 19-16 of the Ranebb Cucamonga Municipal
SC - 12/93 5oi' 12
F. Signs
X 1. The signs indicate~ on the submitte~ plans are conceptua~ only an~ not a pa~ of this approval.
Any signs pro~sed for this development shall comply with t~e Sign Ordinance a~ shall
require separate application and approval by the Planning Division prior to installation of any
s~gns.
2. A Uniform Sign Program for this development shall be submi~ed for City Planner review a~
approval pdor to issuance of building perm~s.
3. Directo~ monument sign(s) shall be provided for apartment, condominium, or townho~s
prior to occupancy and shall require separate application and approvat by the Ptanni~
Division pdor to issuance of building pe~s.
G, Environmental
1. ~e developer shall provide each proSp~ive buyer wrffien ~tice of the Fou~h Street Ro~
C~sher project in a~tandard focal as dete~in~ by the C~y Planner, prior to accepti~ a
cash de~s~ on any pmpe~.
2. ~e developer shall provide each prospe~ive ~yer wrffien ~t~e of the C~y A~pt~
Special Stuaies Zone for the Re~ Hill Fault. in a standard format as dete~in~ by the C~y
Planner, prior to accepting a cash de~s~ on any prO~.
3. The developer shall provide each prospe~ive buyer wrffien ~t~e of the Foothill Freeway
proje~ in a standar~ focal as determined by the C~y Planner, pdor to a~epting a cash
deceit on any property.
4. A final acou~ical repo~ shall ~ subm~ed for Ci~ Planner review a~ ~pmval pdor to the
~ssua~e of building pe~its. The final rein shall dis~ss the level of intedor ~ise
a,enuat~ntobe~w45CNEL, the~i~ing matedals and constm~iontechn~ues provid~.
and ~ appropriate, verify the ad~uacy of the mitigat~n ~asures. The bui~i~ plans will ~
checked for contormance with the mit~ation measures coffiain~ in the final rein.
H. ~her Agencies
1. E~rgencYse~nda~ac~ssshallbeprov~ina~a~ew~hRa~Cucam~aFire
Prote~ion Distri~ Sta~ards.
2. E~rg~ncyaccessshall~pmv~,maintena~efreea~clear, a mini~mof26feetw~e
at all times duri~ constm~n in a~rda~e w~h Ra~ho Cu~m~a Fire Pmt~n
Oistr~ r~uim~nts.
3. Pr~r to is~a~e of ~i~i~ pe~its for ~m~ustible ~nst~n, evide~e shall ~
su~mffi~ to the Ra~ Cu~nga Fire Proration Oist~ that tem~ra~ water ~ for
fire pmt~n is avail~le. pe~i~ complet~n of required fire prole~n system.
4. ~e a~li~m shall conta~ the U. S. Postal Se~e to dete~ine the ~mpdate ty~ a~
~ation of mail ~xes. Muff-family res~ential developments s~all prov~e a ~1~ oveffiead
stature lot mail boxes with adequate lignti~. ~e final ~at~n of the mail ~xes and the
des~n of Ine ovemead stature shall ~ subj~ to C~y Planner revi~ a~ a~oval p~r
to the issua~e of ~i~ing pe~s.
5. For projects using septic tank facilities. writlen certification of acceptability, including all -~J /
supportive information, shall be obtained from the San Bernarffino County Department ot
Environmental Health and submittea to the Building Official prior to the issuance ot Septic
Tank Permits. and prior to ~ssuance of budding permits.
SC - ~2/93 6of ~2
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989-1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
~/' 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani-
cal Code, Uniform Plumbing Code, Nationai Electric Code, and all other applicable codes,
ordinances, and regulations in effect at the time of issuance of relative permits. Please
contact the Building and Safety Division for copies of the Code Adoption Ordinance and
applicable handouts,
2. Prior to issuance of building permits for a new residential dwelling unit(s) or maior addition ----/-~/
to existing unit(s), the applicant shall pay development fees at the establishe~ rate. Such fees
may include, but are not limited to: City Beautification Fee, Par~ Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
X 3. Prior to issuance of .building permits for a new commercial or industrial development or
addition to an existing development, the applicant shall pay development fees at the
established rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
4.Stree~addressessha~~bepr~vidodbytheBuifding~~icia~~aftertract/parce~maprec~rdation
and prior to issuance of building permits.
J. Existing Structures
X 1. Provide compliance wifh the Uniform Building Code for the property line clearances .--J /
considenng use, area, and fire-resistiveness ot existing buildings.
2. Existing buildings shall be made to comply with correct building and zoning regulations for *---/ /
the intended use or the building shall be demolished.
3. Existing sewage disposal facilities shall be removed, filled ancYor cappoe to comply with the / /
Uniform Plumping Code and Uniform Building Code.
.~.__4. Underground on-site utilities are to be located and shown on building plans submitted for .__/ /
building permit application.
K. Grading
1. Grading of the subject property s.hall be in accp. rdance with the Uniform Building Code, Ci~/ / /
Grading Standards. and acceple~l graffing'pradl~;:es.' The !thai grading plan Shall be in
substantial conformance with the approved grading plan.
____2. A soils report shell be prepared by a qualified engineer licensed by the State of Calffomia to ----./ /
perform such work.
3. The development is located within the soil erosion control pounclades; a Soil Disturbance / /
Permit is required. Please contact San Bernardino County Department of Agriculture at (714)
387-2111 for permit application. Documentation of such permit shall be submitted to the City
phor to the issuance ol rough gracling permit.
4. A geological report shah be prepared by a qual~ied engineer or geologist and submitted at --/ /
the time of application for grading plan check.
5. The~na~gradingp~anssha~bec~mp~e~e~andappr~ve~priort~issuance~buik:~ingpormits~ ;
6. As a custom-lot subdivision, the following requirements small be met:
a. Surety shall be I:x~sted and an agreement executed guaranteeing completion of all on-site ---/ / --
drainage facilities necessary for alewatering all parcels to the satisfaction of the Building
and Salety Division prior to final map approval and prior to the issuance of grading permits.
b. A~propriate easements for safe disposal of drainage water that are conducted onto' ~ /
or over adjacent parcels, are to be delineated and recorded to the satisfaction of the
Building and Safety Division prior to issuance of grading and building permits.
c. On-site drainage improvements, necessary for alewatering and protecting the subdivided ----/ /
properties, are to be installed pdor to issuance of building permits for COnstruction upon
any parcel that may be subject to drainage flows entering, leaving, or within a parcel
relative to which a building permit is requested.
d. Final grading plans for each parcel are to be submitted to the Building and Safety --J /
Division for approval prior to issuance of bu tiding and grading permits. (This may be on an
incremental or COmposite basis.)
e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses .---/ /
or planted with ground cover for erosion control upon completion of grading or SOme other
alternative method of erosion control shall be COmpleted to the satisfaction of the Building
Official. In addition a permanent irrigation system shall be provided. This requirement
does not release the alc~olicant/deveioper from compliance with the slope planting
requirements ol Section 17.08.040 I of the Development Code.
APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
L. Dedication and Vehicular Access
1. Rights-of-way and easements shall be dedicated to the City for all intedor public streets ..._/ /
community trails, public paseos, public landscape areas, street trees, and public drainage
factlilies 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. DedicarK~n shall be made of the following rights-of-way on the perimeter streets ---/ /
(measured lrOm street centerfine):
total leer on
total feet on
total leet on
3 An irrevocableofferofdedloatlonfor -foot wide roao'way easement shall be made / /
for all private streets or drives.
4. Non-vehicular access shall be dedicated to the City for the following streets:,_// __
~' 5. Reciprocal access easements shall be provided ensuring access to all parcels by CC&R s_.J
or by deeds and shall be recorded COncurrently with the map or pdor to Ihe issuance of
bu,lding pe=,s. ,,here no map is invo,ved.
SC - 12/93 8or 12
6, Private drainage easements for croSs-~ot drainage snail be provided and snail De delineated
or noted on the final map. ~ /
7. The final map shall clearly delineate a 10-foot m~nimum building restriction area on the __J /
neighboring lot adjoining the zero lot line wall and contain the following language:
'l/we hereby dedicate to the City of Rancho Cucamonga the right to prohibit the
construction of (residential) buildings (or other structures) withzn those areas designated
on the map as building restriction areas."
A maintenance agreement shall also be granted f tom each lot to the adjacent lot through the
CC&R'S.
8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on -J /
the final map.
9. Easements for public sidewalks and/or street trees placed outside the public right-of-way /..._J
shall be dedicated to the City wherever they encroach onto pdvate property.
10. Additional street right-of-way shall be dedicated along right turn lanes. to provide a minimum .J /
of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right
turn lane. a parallel street tree maintenance easement shall be provided.
11. The developer shall make a good faith effort to acquire the required off-site property interests ...._/ /
necessary to construct the required public improvements, and it he/she should fail to do so
the developer shall, at least 120 days prior to submittal of the final map for approval, enter
into an agreement to complete the improvements pursuant to Government Code Section
66462 atsuchtimeastheCityacquiresthepropertyihterestsrequiredlortheimprovements.
Such agreement shall provide for payment by the developer of all costs incurred by the City
to acquire the off-site property interests required in connection with the subdivision. Secudty
for a portion of these costs snail be in the form of a cash deposit in the amount given in an
appraisal redon obtained by the developer. at developers cost. The appraiser shall have
been approved by tlqe City prior to commencement ol tbe appraisal.
M. Street Improvements
"~ 1. All public improvements (interior streets, drainage facilities, community trails, passes, ._/ /
landscaped areas. etc.) shown on the plans and/or tentative map shall be constructed to
City Standards. Interior street improvements shall include, but are not limited to, curb and
gutter. AC pavement. ddve approaches. sidewalks, street lights. and street trees.
2, A minimum of 26- foot wide pavement. within a 40 -foot wide dedicated right-of-way shall be __/ /
constructed for all half-section streets.
3. Construct the following perimeter street improvements including, but not limited to: __/ /
STREET NAME CURB l A,C. $10~- DRN~ STREET ! STREET CQMM MEDIAN 8~
GUTTER PvM'r WALK APtN:t. .~t-ffS I~EES TRAe it,AND TRNL OTHER
Notes: (a) Median island includes landscaping and irrigation on meter (b} Pavement
reconstruclion and overlays will be determined dunng plan check. (c) If so marked. side-
walk shall be curvilinear per STD. 304. (d) ff so marked, an in-lieu of construction fee shall
be provided for this item.
4. Improvement plans and Construction:
a. Street improvement plans including street trees and street lights, prepared by a regis- ---/ /
tered Civil Engineer. shall be submitted to and appmved by the City Engineer. Security
shall be posted and an agreement executed to the satisfaction of the City Engineer and
the City Attorney guaranteeing completion of the public and/or pdvate street improve-
ments. prior to final map approval or the issuance of building permits, whichever occurs
first.
b. Prior to any work being performed in public dght..of-way, fees shall be paid and a .--/ /
construction permit shall be obtained from the City Engineers Office in addition to any
other permits required.
c. Pavement stnping. marking, traffic. street name signing, and interconnect conduit .._/ /
shall be installed to the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed on any new construction or reconstruction ._../ /
of major, secondary or collector streets whiCh intersect with other major, secondary or
collector streets for future traffic signals. Pull boxes shall be placed on both sides of the
street at 3 feet outside of BCR, ECR or any other locations approved hy the City Engineer.
Notes: / /.
(1) All pulp boxes shall be NO. 6 unless otherwise specified by the City Engineer.
(2) Conduit shall be 3-inch galvanized steel with pullrope.
e. Wheel chair ramps shall be installed on all four corners of intersections per City '--/ /
Standards or as directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all times with ---/ /
adequate detours during construction. A street closure permit may be required. A cash
deposit shall be provided to cover the cost of grading and paving, which shall be
refunded upon completion of the construction to the satisfaction of the City Engineer.
g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / /
installed to City Standards, except for single family lots.
h. Handicap access ramp design shall be as specified by the City Engineer.
i. Street names shall be approved by the City Planner prior to submittal for first plan check. ._.J /
5. Street improvement plans per City Standards for all private streets shall be provided for
review and approval by the City Engineer. Prior to any work being performed on the pri-
vate streets, tees shall be paid and construction permits shall be obtained from the City
Engineers Office in addition to any other permits required.
X 6. Street trees, a minimum of 15-galicn size or larger. shall he installed per City Standards in _J
accordance with the City's street tree program.
5C - 12/93 lOof 12
7. Intersection line of Site designs shaft be reviewed cy the C~ty Engineer for conformance wdh
adopted policy. j_ /
a. On collector or larger streets. lines of sight shall be plotted for all project intersections. ---/---j
including driveways. Walls, signs, and slopes shall be ~ocated outside the lines of sight.
Landscaping and other obstructions within the lines of sight shall be approved by the City
Engineer.
b. Local residential street intersections shall have their noticeability improved, usually by .__/ /
mowng the 2 +/- dosest street trees on each side away fro m t he st reet and placed in a street
tree easement.
8. A ; A.s ,o, an, wo. w,h,n ,he ,o,iow,ng ,,gnt-o,-w.y:,
9. All public improvements on the following streets shall be operationally complete prior to the ----/ /
issuance of building permits:
N. PUbliC Maintenance Areas
X 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards ---/ /
shall be submitted to the City Engineer for review and approval pdor to final map approval
or issuance of building permits. whichever occurs first. The following landscape parkways,
medians. paseos. easements, trails, or other areas are required tO be annexed into the
Landscape Maintenance District:
X 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting /.__/
Districts shall be fi led wilh the City Engineer prior to final map approval or issuance of building
permits whichever occurs first. Formation costs shall pe berne by the developer.
,~ 3. All required public landscaping and irrigation systems shall be continuously maintained by the ._J /
developer until accepted by the City,
4. Parkway landscaping on the following street(s) shall conform tO the results of the respective .__Y /
Beautificalion Master Plan:
O. Drainage and Flood Control
1. The project {or porlions thereof) is located within a Flood Hazard Zone; therefore, flood / /
protection measures shall be provided as certified by a registered Civil Engineer and
approved by the City Engineer.
2. It shall be the developers responsibility to have the current FIRM Zone J /
designation removed from the project area. The developers engineer shall prepare all
necessary reports. plans. and hydrologic/hydraulic calculations. A Conditional Letter
of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or
issuance of building permits, wrtichever occurs first. A Lelter ol Map Revision (LOMR) shall
be issued by FEMA prior to occupancy or improvement acceptance. whichever occurs first.
_ 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final _._/ /
map approval or the issuance ol building permits. whichever occurs first. All drainage
fac,ities shall be installed as required by the City Engineer.
SC - 12/93 I I of ~2
4. A permit from the County Flood Control Distr~ct is required for wor~ wtlbm nsrlgbt-ot-way
5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe
measured from Ihe outer edge of a mature tree trunk. ._.j /.__
6. Public storm drain easements shall be graded to convey ovedlows in the event Of a -.,-J-~--/
blod<,age in a sump catch basin on the public street.
P, Utilities
1. Provide separate utility services to each parcel including sanitary sewerage system, water, __/ /
/ gas, electric power. telephone, and cable TV (all underground) in accordance with the Utilit,/
Standards. Easements shall be provided as required.
· ,:' ..
,,X 2. The developer shall ~ responsible for the relocation of existing utilities as necessary. .~/ /
3. Water and sewer plans shall be designed ar~ constructed to meet the requirements of the J /
Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District,
and the Environmental Health Department of the County of San Bernardino. A letter of
compliance from the CCWD is required prior to final map approval or issuance of permits,
whichever occurs first.
Q. General Requirements and Approvals
1. The separate parcels contained within the pro ect beundades ,~lJ be legally c.~robined into '--/ /
one parcel prior to issuance of bulk:ling permits. -' -' - ~'~ ' · ' ' '"
/( 2. An easement for a joint use driveway shall be provided prior to final map approval or /'/'
issuance of building permits, whichever occurs firSt, for:
3. PriOr tO approval of the final map a depOsit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment District
among the newly created parcels.
4. Eliwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan ---/ /
Drainage Fees shall be paid prior to final map al~oroval or prior to iouilding permit issuance if
no map is involved.
.5. Permits shall be ol~tained from the following agencies for work within their right-of-way: /
6. A signed consent and waiver form to join and/or form the Law Enforcement Community _._/ /
Facilities Districl shall I)e file(I with the City Engineer prior to final map approval or the
issuance of building permits, whichever occurS first. Formation costs shall be t)oroe by the
Developer.
7. Prior to finalization of any development phase, sufficient iml)rovement plans shall be com- / /
pieted beyond the phase ~oundanes to assure secor~lary access and drainage protection to
the satisfaction of the City Engineer. Phase I:x)undaries shall correspond to lot lines shown
on the approved tentative map.
SC - ~2/93 ~2 oi' 12
J
GOSSauE
10077 STAFFORD COURT
RANCHO CUCA}IONGA, CA 91730
September 14, 1994
'~ ~r ~ANCMO CUCAMONG~
PLANNING DIViSiON
SEP 19 1994
Planning Division ~ ~
city of Ranc.o cucamo.ga
P.O. Box 807
Rancho Cucamonga, CA 91729
Planning Division:
I am writing to express my concern and disapproval of a possible night
club and sports bar in my neighborhood. I am referring to the
Conditional Use Permit 94-08 - Sanchez (Babe's Club 66). I don't
think this type of business should be allowed in our area. Look at
the problems Backwaters created.
I live, with my two small children, just northwest of the propsed
location of Babe's Club 66. I am concerned with the noise, crime,
violence, etc. that this type of establishment would bring~ I do
not think this is the appropriate location for this type of bushless.
Sincerely,
Robin L. Gossage ~
September 1, 1994
Engineering Division ~ ~ ~
city of Rancho cucamonga '~' ~ I !! 'i'
P.O. Box 807 -
Rancho Cucamonga, CA 91729 _7~_D i.)~' 7~
ENGInEERiNG DIV~SiO~
Engineering Division:
I would like to address the issue relating to the establis~ent
of a nightclub in the Co~unity Co~ercial District, located
on the north side of Foothill Boulevard, east of He~osa Avenue
~N 1077-601-O7. I live in a residential area just northwest
of the proposed location of the nightclub. I do not feel
this type of business would be beneficial to the area. I have
two small children and am concerned about the crime, noise, and
other related problems associated with this type of business,
remember Backwaters~ I would hate to see this nightclub be
allowed to open in my neighborhood~
ob~ GossaSe
? ":~ Project:
"/Z~i/~~ Title: ~v/$~o
~2~ ~g~ONGA
CITY Exhibit:
RESOLUTION NO. 94-42A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 94-08, A REQUEST TO ESTABLISH A NIGHT CLUB AND
SPORTS BAR, INCLUDING ENTERTAINMENT, AMUSEMENT DEVICES
(VIDEO/ARCADE GAMES), AND THE ON-SITE CONSUMPTION OF
ALCOHOLIC BEVERAGES, WITHIN AN EXISTING BUILDING IN THE
COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE
FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134
FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077-601-07 AND 09.
A. Recitals.
1. John Sanchez has filed an application for the issuance of
Conditional Use Permit No. 94-08 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
2. On the 8th day of June 1994, 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. The Planning Commission, after
receiving all testimony, adopted Resolution No. 94-42 approving the
application.
3. Following the Planning Commission hearing, the applicant appealed
a condition of approval to the City Council.
4. On the 7th day of september 1994, the city council of the city of
Rancho Cucamonga conducted a duly noticed public hearing On the application.
Based on information presented at the hearing, the Council determined that the
Planning Commission's approval was based on incorrect information. Upon
advice from Council and ~ith the applicant's consent, the application was
referred back to the Planning Commission for reconsideration.
5. On the 28th day of September 1994, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing on that date.
6. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on September 28, 1994, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
PLANNING COMMISSION RESOLUTION NO. 94-42A
CUP 94-08 - JOHN SANCHEZ
September 28, 1994
Page 2
a. The application applies to property located on the northeast
corner of Foothill Boulevard and Hermosa Avenue, with a street frontage of 250
feet along Foothill Boulevard, a street frontage of 132 feet along Hermosa
Avenue, and lot depth of 387 feet and is presently developed with a motel,
convenience market, and commercial building, formerly used as a night club;
and
b. The property to the north of the subject site is designated
for commercial uses and is vacant. The property to the south of the site is
designated for commercial uses and is developed with a restaurant. The
property to the east is designated for commercial uses and is developed with a
house converted to an office. The property to the west is designated for
commercial uses and is developed with a gas station; and
c. Night clubs serving alcoholic beverages and/or providing
entertainment are allowed in the Community Commercial designation of the
Foothill Boulevard Specific Plan subject to review and approval of a
conditional use permit application; and
d. The subject property is within a designated Activity Center
pursuant to the Foothill Boulevard Specific Plan; and
e. The development Of the night club and sports bar is
consistent with the Community Commercial designation of the Foothill Boulevard
Specific Plan and the Commercial designation of the General Plan; and
f. The application proposes to upgrade the site to include
providing additional parking and landscaping consistent with the requirements
of the Foothill Boulevard Specific Plan and the Development Code; and
g. The application, with the attached conditions Of approval,
will comply with all applicable standards of the Foothill Boulevard specific
Plan and the Development Code,
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows:
a. That the proposed use is in accord with the General Plan,
the objectives of the Development Code, and the purposes of the district in
which the site is located; and
b. That the proposed use, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare Or materially injurious to properties or improvements in the vicinity.
c. That the proposed use complies with each of the applicable
provisions of the Development Code.
4. Pursuant to State CEQA Guidelines, it has been determined that
the proposed project does not have the potential for causing significant
PLANNING COMMISSION RESOLUTION NO. 94-42A
CUP 94-08 - JOHN SANCHEZ
September 28, 1994
Page 3
effects On the environment. The project has been determined to be
categorically exempt from CEQA pursuant to Section 15301. The Planning
commission, having final approval over this project, has reviewed and
considered this exemption, including the comments received during the public
review process, prior to the approval of this project.
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.
Planninq Division
1) The application, and all conditions of approval,
applies to property identified as Assessor
Parcel Nos. 1077-601-07 and 09.
2) All conditions of approval contained in
Resolution No. 94-42 shall apply.
3) The parking area in front of the convenience
market shall be redesigned to include 18-foot
deep parking stalls adjacent to the store, a
26-foot drive aisle, and 18-foot deep parking
stalls south of the drive aisle. The remaining
area shall be landscaped. The final plans shall
be reviewed and approved by the City Planner and
City Engineer prior to building permit issuance.
4) Upon removal of the two driveways in front of
the convenience store, landscaping shall be
installed. The final plans shall be reviewed
and approved by the City Planner and City
Engineer prior to building permit issuance.
Enqineerinq Division
1) Contribution towards the cost of construction
for full frontage improvements on Hermosa Avenue
for Assessor's Parcel No. 1077-601-09 shall be
provided prior to building permit issuance.
2) Contribution towards the cost of construction
for full frontage improvements on Foothill
Boulevard for Assessor's Parcel Nos. 1077-601-07
and 09 shall be provided prior building permit
issuance.
3) Install the median, including landscaping and
irrigation, On Foothill Boulevard:
PLANNING COMMISSION RESOLUTION NO. 94-42A
CUP 94-08 - JOHN SANCHEZ
September 28, 1994
Page 3
effects on the environment. The project has been determined to be
CEQA pursuant to Section 15061(b)(3). The Planning Commission
approval over this project, has reviewed and considered th
including the comments received during the public review : to the
approval of this project. /
5. Based upon the findings and conclusions set fl /in paragraphs
1, 2, 3, and 4 above, this Commission hereby approves the .cation subject
to each and every condition set forth below and in the Conditions,
attached hereto and incorporated herein by this referer /
Planning Division
/
l) The application, and all cond ! approval,
applies to property identiz as Assessor
Parcel Nos. 1077-601-07 and 09./
2 ) All conditions of contained in
esolution NO. 94-42 shall ap/p~]o~2y.
26-foot drive aisle, ahd 18-foot deep parking
stalls south of the drxve aisle. The remaining
area shall be landscaped. The final plans shall
be reviewed and pp 6yea by the City Planner and
a r
City Engineer prio["to building permit issuance.
the//two driveways in front of
4) Upon removal of /
the convenience Store, landscaping shall be
installed. Th~ x~i/nal plans shall be reviewed
and approved b~ I the City Planner and City
Engineer prior to building permit issuance.
Enqineerinq Divisi6n,/
/ /
1) Contribution ,towards the cost of construction
for full f~on~age improvements on Hermosa Avenue
/
for Assess.or's Parcel No. 1077-601-09 shall be
p vlded prior to building permit issuance.
re
2) Contr'bU~ti/on towards the cost of construction
our/~f]V/1//_1/ frontage improvements on Foothill
3) /./lrnstall the median lncludlng landscaplng and
PLANNING COMMISSION RESOLUTION NO. 94-42A
CUP 94-08 - JOHN SANCHEZ
September 28, 1994
Page 4
a) The minimum limits of the median shall be
determined by Caltrans and the City
Engineer. The existing pavement shall be
widened as necessary to accommodate the
median, four travel lanes, and sufficient
shoulder within the existing right-of-
way. The developer shall be eligible for
reimbursement as redevelopment/develepment
occurs to the full amount, less the value
of his frontage.
b) If all other conditions of approval have
been met to occupy the structure and
Caltrans has not determined if the median
will be allowed, the applicant may post a
cash deposit or other security acceptable
to the City Engineer to cover the cost of
the median installation. The deposit
amount shall be approved by the City
Engineer and shall be paid prior to
occupancy of the structure. An agreement
shall be processed with the deposit
Outlining the responsibility Of the
applicant to continue the processing with
Caltrans for the installation of the median
island.
c) If Caltrans does not allow installation of
the median, contribution towards one-half
the cost of construction of the Foothill
Boulevard median, including landscaping and
irrigation per linear foot of frontage,
shall be provided prior to building permit
issuance.
4) An ingress/egress easement shall be provided for
all adjacent properties.
5) Connection to the private drainage system to the
back of the basin on Hermosa Avenue requires
structural analysis. Substantiate both the
structural integrity of the existing basin with
the proposed connection and the structural
integrity of the method of connection to the
basin.
6) The vehicle stacking distance from Foothill
Boulevard shall be 75 feet from the ultimate
face of curb. The final plans shall reflect
this requirement and shall be reviewed and
approved by the City Engineer prior to the
issuance of building permits.
PLANNING COMMISSION RESOLUTION NO. 94-42A
CUP 94-08 - JOHN SANCHEZ
September 28, 1994
Page 5
7) The three driveways fronting Foothill Boulevard
on this site shall be consolidated into One
standard 35-foot commercial driveway. The
driveway location shall be reviewed and approved
by the City Engineer prior to building permit
issuance.
8) A lot line adjustment between the southerly
Parcel (APN's 1077-601-07 and 09) and the
northerly Parcel (APN's 1077-601-08 and 10)
shall be processed prior to the issuance of a
building permit. The lot line adjustment will
be approved only if all right-of-way has been
dedicated on the Parcels involved. The Hermosa
Avenue half street dedication is 44 feet as
measured from street centerline to the property
line.
9) A contribution in lieu of construction of one-
fourth the cost of special pavers within the
Foothill Boulevard/Hermosa Avenue intersection
shall be paid to the City prior to the issuance
of building permits. The fee amount shall be
based on the square footage of the intersection.
6. The secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Buller, Secretary
I, Brad Buller, secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
On the 28th day of September 1994, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
D E PARTM ENT OF
Ran~hd,=i~:~Snga
i:: !i COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT#:
SUBJECT:
APPLICANT:
LOCATION:
/
Those items checked are Conditions el Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 989-1861, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. TIme LImits co~.l~do. Date
1. Approval shall expire, unless extended by the Planning Commission, if building permits are --J /
not issued or approved use has not commenced within 24 months lrom the date of approval.
2. Development/Design Review shall be approved prior to / / .__/ /
3. Approval of Tentative Tract No. is granted subject to the approval ol __J /
4. The developer shall Commence, participate in, and consummate or Cause to be Commenced, __/ /
participated in, or consummated, a Meito-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a fire station to serve the development. The station shall be located, designed, and built to
all specifications of the Rancho Cucamonga Fire Protection District, and shall become the
Districrs property upon completion. The equipment shall be selected by the District in
accordance with its needs. In any building of a station, the developer shall comply with all
applicable laws and regulations. The CFD shall be formed by the District and the developer
by the time recordation ol the final map occurs.
5. Prior to recordation of the final map or the issuance of building permits, whichever comes .__/ /
first, the applicant shall consenl to, or participate in, the establishment of a Mello-Roos
Community Facilities District for Ihe construction and maintenance of necessary school
facilities. However, if any school district has previously established such a Community
Facilities District, the applicant shall, in the alternative, consent to the annexation of the
project site into the territory of such existing District prior to the recordation of the final map
or the issuance of building permits, whichever comes first. Further, if the affected school
district has not formed a Mello-Roos Community Facilities District wilhin twelve months from
the date of approval of the project and prior to the recordation of the final map or issuance
of building permits for said project, this condition shall be deemed null and void.
SC - 12/93 t of 12
This condition shall be waived if the City receives notice that the applicant and all affected
school districts have entered into an agreement to privately accommodate any and all school
impacts as a result of this project.
6. Prior to recordation of the final map or prior to issuance of building permits when no map is _._/ /
involved, writlen certification from the affected water district that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the
Department of Community Development. Such letter must have been issued by the water
district within 90 days prior to final map approval in the case of subdivision or prior to issuance
of permits in the case of all other residential projects.
B. Site Development
~/' 1. The site shall be developed and maintained in accordance with the appmved plans which /.~/
include site plans, architectural elevations, extedor materials and colors, landscaping, sign
program, and grading on file in the Planning Division, the conditions contained herein,
Developmenl Code regulations, and .,~,f~/Z/. ~/--V~:~.
.Specific Plan and
Planned Community.
~'/ 2, Prior to any use of the project site or business activity being commenced thereon, all __J /
Conditions of Approval shall be completed to the satisfaction of the City Planner.
V/' 3. OccupancyofthefacilityshallnotcommenceuntilsuchlimeasallUniformBuildingCodeand ~ /
State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance, The building shall be inspected for compliance prior to
occupancy,
v/' 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for City Planner review and approval prior to issuance of building permits.
5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinaled for ~ /
consistency pdor 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.
v/ 6. Approval of this requesl shall not waive compliance with all sections of the Development / /
Code, all other applicable City Ordinances, and applicable Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and .--/ /
Sherifrs Department (989-6611 ) 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. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units .__/ /
with all receptacles shielded from pubtic view.
9. Trash receptacle(s) are required and shall meet City standards. The final design, locations .--J /
and the number of trash receptacles shall be subject to City Planner review and approval
prior to issuance of building permits.
10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc.. shall .--/ /
be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, betruing. and/or landscaping to the satisfaction of lhe City
Planner.
SC - 12/93 2of 12
11. Street names shall be submitted for City Planner review and approval in accordance with ~ /
the adopted Street Naming Policy prior to approval of the final map.
12. All building numbers and individual units shall be identified in a clear and concise manner, _._/ /
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and ___/ /
weed control. in accordance with City Master Trail drawings, shall be submitted for City
Planner review and approval prior to approval and recordation of the Final Tract Map and prior
to approval of street improvement and grading plans. Developer shall upgrade and construct
all trails. including fencing and drainage devices, in conjunction with street improvementS.
14. The Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine ..J /
animals where zoning requ iremeats for the keeping of said animals have been met. Individual
lot owners in subdivisions shall have the option of keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC&Rs.
15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the J /
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shaft be
provided to the City Engineer.
16. Allparkways, openareas.andlandscapingshall bepermanentlymaintained bytheproperty / /
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or ---/ /
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system. The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordalton of the final map Or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, structures, fixtures or any other object, except for utility wires and
similar objects, pursuant to Development Code Section 17.08.060-G-2.
18. The project contains a designated Historical Landmark. The site shall be developed and / /
maintained in accordance with the Historic Landmark Alteration Permit No.
· Any further modifications to the site including, but not limited to. exterior alterations and/or
interior alterations which affect the exterior of the buildings or structures, removal ol landmark
treeS. de toolitton. reiocation. reconstruction of build ings or structures, or changes to the site
shall require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval·
C. Building Design
1. An alternative energy system is required to provide domestic hot water for all dwelling units --J /
and for heating any swimming pool or spa. unless other alternative energy systems are
demonstrated to be of equivalent capacity and efficiency. All swimrot ng pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in the building plans and shall be submitted for City Planner review and approval
prior to the issuance of building permits.
2. All dwellings shall have the front. side and rear elevations upgraded with architectural ---/ /
treatment. detailing and increased delineation of surface treatment subject to City Planner
review and approval prior to issuance of building permits·
3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for _j /
City Planner and Building Official review and approval prior to issuance of building permits.
4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or J /___
projections, shall be shielded trom view and the sound buffe red from adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satistaction of the City Planner.
Details shall be included in building plans.
D. Parking and Vehicular Access (indicate details on building plans)
1. 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).
2. Textured pedestrian pathways and textured pavement across circulation aisles shall be /----J
provided throughout the development to connect dwe llings/u nits/bu ildings with open spaces/
plazas/recreational uses.
3. All parking spaces shall be double striped per City standards and all driveway aisles, .~/ /
entrances, and exits shall be striped per City standards.
4. All units shall be provided with garage door openers if driveways are less than 18 feet in ----/ /
depth from back of sidewalk.
5. TheC~venants.C~nditi~nsandRestricti~nsshal~restdctthest~rage~frecrea~i~na~vehic~es J /
on this site unless they are the principal source of transportation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
6. Plans for any security gates shall be submitted for the City Planner, Cily Engineer, and .~/ /
Rancho Cucamonga Fire Protection District review and approval prior to issuance of building
permits.
E. Landscaping (for publicly maintained landscape areas, refer to Section N.)
v/ 1. A detailed landscape and irrigalion plan, including slope planting and model home landscap- .---/ /
ing in the case of residential development. shall be prepared by a licensed landscape
architect and submitted for City Planner 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 fortransplanted trees
shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's
recommendations regarding preservation. transplanting and tdmming methods.
3. Aminimumof__treespergrossacre,comprisedofthefollowingsizes, shallbeprovided ----/ /
within the project: % - 48- inch box or larger, % - 36- inch box or larger,
% - 24- inch box or larger, % - 15-gallon, and __ % - 5 gallon.
V/' 4. A minimum of Z,Z:) % of trees planted within the project shall be specimen size trees .~/ /
24-inch box or larger.
5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three .~/ /
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
SC-12/93 4of12~'~G~
J 6, Trees shall be planted in areas of public view acJjacent to and along structures at a rate ol onecemplcuon D,~tc:
tree per 30 linear feet of building. ---/ /
7. A~~privates~~pebanks5feet~r~essinver~ica~heigh~and~~5:1~rgreaters~~pe~but~ess~han ~ /
2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for
erosion control. Slope planting required by this section shall include a permanent irrigalion
system to be installed by the developer prior to occupancy.
8. AIIprivatesiopesinexcessofSfeet,butlessthanafeet inverticalheightandof2:lorgreater ---J /
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree per each 150 sq. ft. ot slope area, 1 -gallon or larger
size shrub per each 100 sq. ft of slope area, and appropriate ground cover. In addition, slope
banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one
5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be
planted in staggered clusters to soften and van/slope plane. Slope planting required by this
section shall include a permanent irrigation system to be installed by the developer prior to
occupancy.
9. For single family residential development, all slope planting and irrigation shall be continu- .--/ /
ously mainlained in a healthy and lhriving condition by the developer until each individual unit
is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection
shall be conducted by the Planning Division to determine that they are in satisfacton/
condition.
J 10. For multi-family residential and non-residential development, property owners are respon-
sible for the continual maintenance of all landscaped areas on-site, as well as contiguous
planted areas within the public right-of-way. All landscaped areas shall be kept free from
weeds and debris and maintained in a healthy and thriving condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
11. Front yard landscaping shall be required per the Development Code and/or / /
· This requirement shall be in addition to the required
street trees and slope planting.
12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be / /
included in the required landscape plans and shall be subject to City Planner review and
approval and coordinated for consistency with any parkway landscaping plan which may be
required by the Engineering Division.
featu e h~e' ;41,. F~eIYiII/ EN/e~'~rd' ~"~ /~ae l~t~f~
v/ 13. Special landscape r s ¢.s~c,~ c.s ,7.c;7.~;.7,.;, :!!::.'L~'. reel:, c;cc!mc.". c'.:c t:cc:, ..m;;;~;-J /
L:,; :;.:,..,.;ko (,.;;:'. hc:~2_"r't"! ch~_n;c', ,..-~a..~ ,i , ,s;;;c,:. !:n~cc";L".;, is required along
v'/ 14. 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.
Y'/' 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, .__/ /
the design shall be coordinated with lhe Engineering Division.
16. Tree maintenance criteria shall be developed and submitted for City Planner review and / /
approval prior to issuance of building permits. These criteda shall encourage the natural
growth characteristics of the selected tree species.
17. Landscaping and irrigation shall be designed to conserve water through the principles of .--/ /
Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code.
SC - 12/93 5 of 12
F. Signs C,~m~l~:~:,l~ t)a:~
1. Thesignsindicatedonthesubmittedplansareconceptualonlyandnotapartof thisapproval. 5 /
Any signs proposed for this development shall comply with the Sign Ordinance and shall
r?quire separate application and approval by the Planning Division prior to installation of any
s~gns.
2. A Uniform Sign Program for this development shall be submitted for City Planner review and .__/ /
approval pdor to issuance of building permits.
3. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes .__/ /
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
G. Environmental
1. ThedevelopershallprovideeachprospectivebuyerwrittennoticeoftheFourthStreetRock / /
Crusher project in a standard format as determined by the City Planner, priorto accepting a
cash deposit on any property.
2. The developer shall provide each prospective buyer written notice of the City Adopted ---/ /
Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City
Planner, prior to accepting a cash deposit on any property.
3. The developer shall provide each prospective buyer written notice of the Foothill Freeway J /
project in a standard format as determined by the City Planner, prior to accepting a cash
deposit on any property.
4. A final acoustical report shall be submitted for City Planner review and approval prior to the J /
issuance of building permits. The final report shall discuss the level of interior noise
attenuationto below45CNEL, the building matedals and constructiontechniquesprovided,
and if appropriate, verify the adequacy of the mitigation measures. The building plans will be
checked for conformance with the mitigation measures contained in the final report.
H. Other Agencies
,/ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire ---/ /
Protection District Standards.
2. Emergencyaccessshallbeprovided, maintenancefreeandclear, a minimumof261eetwide ---./ /
at all times during construction in accordance with Rancho Cucamonga Fire Protection
District requirements.
3. Prior to issuance of building permits for combustible construction, evidence shall be ._J /
submitted to the Rancho Cucarnonga Fire Protection District that temporary water supply for
fire protection is available, pending completion of required fire protection system.
4. The applicant shall contact the U.S. Postal Service to determine the appropriate type and / /
location of mail boxes. Multi-family residential developments shall provide a solid overhead
structure for mail boxes with adequate lighting. The final location of the mail boxes and the
design of the overhead structure shall be subject to City Planner review and approval prior
to the issuance of building permits.
5. For projects using septic tank facilities, written certification of acceptability, including all / /
supportive information, shall be obtained trom the San Bernardino County Department of
Environmental Health and submitted to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 989'1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. Site Development
1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechani- ----/ /
cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes,
ordinances, and regulations in effect at the time of issuance of relative permits. Please
contact the Building and Safety Division for copies of the Code Adoption Ordinance and
applicable handouts.
2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition -----J /
to existing u n it(s), the applicant shall pay development fees at the established rate. Such fees
may include. but are not m ted to Cty Beaut f carton Fee, Park Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Checking Fees. and School Fees.
3. Prior to issuance of building permits for a new commercial or industrial development or _._/ /
addition to an existing development, the applicant shall pay development fees at the
established rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees.
/
4. Street addresses sha beprovdedbytheBuildingOfficiai, aftertract/parcelmaprecordation __/ /
and prior to issuance of building permits.
J. Existing Structures
' 1. Provide compliance with the Uniform Building Code for the property line clearances / /
considering use, area, and fire-resistiveness of existing buildings.
2. Existing buildings shall be made to comply with correct building and zoning regulations for ---/ /
the intended use or the building shall be demolished.
3. Existing sewage disposal facilities shall be removed. filled and/or capped to comply with the __J /
Uniform Plumbing Code and Uniform Building Code.
t/' 4. Underground on-site utilities are to be located and shown on building plans submitted for ._._/ /
building permit application.
K. Grading
v/ 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City ~ /
Grading Standards, and accepted grading practices. The final grading plan shall be in
substantial conformance with the approved grading plan.
V'~ 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to ~ /
perform such work.
3. The development is located within the soil erosion control poundaries; a Soil Disturbance ---/ /
Permit is required. Please contact San Bernardino County Department of Agricultu re at (714)
387-2111 for permit application. Documentation of such permit shall be submitted to the City
prior to the issuance ol rough grading permit.
4. A geological report shall be prepared by a qualified engineer or geologist and submitted at ~ /
the time of application for grading plan check.
v/' 5. The~ina~gradingp~anssha~~bec~mp~etedandappr~vedpri~rt~issuance~fbui~dingpermits. / /
6. As a custom-lot subdivision, the following requirements shall be met:
a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site ---/ /'-
drainage facilities necessary for dewatefing all parcels to the satisfaction of the Building
and Salety Division priorto final map approval and prior to the issuance of grading permits.
b. Appropriate easements for safe disposal of drainage water that are conducted onto ~ /
or over adjacent parcels, are to be delineated and recorded to the satisfaction of the
Building and Safety Division prior Io issuance of grading and building permits.
c. On-site drainage improvements, necessary for alewatering and protecting the subdivided --J /
properties, are to be installed prior to issuance of building permits for ConStruCtion upon
any parcel that may be subject to drainage flows entering, leaving, or within a parcel
relative to which a building permit is requested.
d. Final grading plans for each parcel are to be submitted to the Building and Safety ---/ /
Division for approval prior to issuance of bu tiding and grading permits. (This may be on an
incremental or composite basis.)
e. All slope banks in excess of 5 feet in verlical height shall be seeded with native grasses .~/ /
or planted with ground cover for erosion control upon completion ol grading or some other
alternative method of erosion control shall be completed to the satisfaction of the Building
Official. In addition a permanent irrigation system shall be provided. This requirement
does not release the applicant/developer from compliance with the slope planting
requirements of Section 17.08.040 I of the Development Code.
APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 989-1862, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
L. Dedication and Vehicular Access
1. Rights-of-way and easements shall be dedicaled to the City for all interior public streets, .~/ /
community trails, public paseos, public landscape areas, street trees. 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.
V/ 2. Dedication shall be made of the following rights-of-way on the perimeter streets / /
(measured from street centerline):
total feet on /~f~///,t~//~d.
total feet OR
tolal feet on
total feet on
3. An irrevocable offer of dedication for -foot wide roadway easement shall be made .~/ /
for all private streets or ddves.
4. Non-vehicular access shall be dedicated to the City for the following streets: J /
5. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs
or by deeds and shall be recorded concurrently with the map or pdor to the issuance of
building permits, where no map is involved.
L
6. Private drainage easements for cross-lot drainage snail be provided and shall be de lineated
or noted on the final map. ~ /
7. The final map shall clearly delineate a I O-foot minimum building restriction area on the .~/ /
neighboring lot adjoining the zero lot line wall and contain the following language:
"l/We hereby dedicate to the City of Rancho Cucarnonga the right to prohibit the
construction of (residential) buildings (or other structures) within those areas designated
on the map as building restriction areas.,
A maintenance agreement shall also be granted from each lot to the adjacent lot through the
CC&R's.
8. All existing easements lying within future rights-of-way shall be quitclaimed or delineated on .--J /
the final map.
9, Easements for public sidewalks and/or street trees placed outside the public right-of-way __.J /
shall be dedicated to the City wherever they encroach onto private property.
10. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum J /
of 7 feet measured from the face of curbs, If curb adjacent sidewalk is used along the right
turn lane, a parallel street tree maintenance easement shall be provided.
11. The developer shall make a good faith effort to acquire the required off-site property interests __/ /
necessary to construct the required public improvements, and if he/she should fail to do so,
the developer shall, at least 120 days prior to submittal of the final map for approval. enter
into an agreement to complete the improvements pursuant to Government Code Section
66462 at such time as the City acqu ires the property interests required for the improvements.
Such agreement shall provide for payment by the developer of all costs incurred by the City
to acquire the off-site property interests requ fred in connection with the subdivision. Security
for a portion of these costs shall be in the form of a cash deposit in the amount given in an
appraisal report obtained by the developer, at developers cost. The appraiser shall have
been approved by the City prior to commencement of the appraisal.
M. Street Improvements
1. All public improvements (interior streets, drainage facilities, community trails, paseos, .J /
landscaped areas. etc.) shown on the plans and/or tentative map shall be constructed to
City Standards. Interior street improvements shall include, but are not limited to, curb and
gutter, AC pavement. drive approaches. sidewalks, street lights, and sireel trees.
2. A minimum of 26- foot wide pavement, within a 40 -fool wide dedicated right-of-way shall be .._J /
constructed for all half-section streels.
3. Construct the following perimeter street improvements including, but not limited to: _._/ /
STREET NAME CURe & A.C. SIDE- DRIVE STREET STREET COMM MEDIAN BIKE
GUTTER PVUT WALK APPR, LIGHTS TREES TRAIL SLAND TRAIL OTHER
Notes: (a) Median island includes landscaping and irrigation on meter (b) Pavement
recOnStruction and overlays will be determined during plan check. (c) It so marked, side-
walk shall be curvilinear per STD. 304. (d) If so marked, an in-lieu of construction fee shall
be provided for this item.
4. Improvement plans and construction:
a. Street improvement plans including street trees and street lights, prepared by a regis- ---/ /
feted Civil Engineer, shall be submitted to and approved by the City Engineer. Security
shall be posted and an agreement executed to the satisfaction of the City Engineer and
the City Attorney guaranteeing completion of the public and/or pdvate street improve-
ments, prior to final map approval or the issuance of but Iding permits, whichever occurs
first.
b. Prior to any work being pedormed in public right-of-way, fees shall be paid and a / /
construction permit shall be obtained from the City Engineers Office in addition to any
other permits required.
c. Pavement striping. marking, traffic. street name signing, and interconnect conduit _._J /
shall be installed to the satisfaction of the City Engineer.
d. Signalconduitwithpullboxesshallbeinstalledonanynewconstructionorreconstruction _~/ /
of major. secondary or collector streets which intersect with other major. secondary or
collector streets for future traffic signals. Pull boxes shall be placed on both sides of the
street at 3 feet outside of BC R. EC R or any other locations approved by the City Engineer.
Notes: -~/ /
(1) All pull boxes shall be No. 6 unless otherwise specified by the Ci~y Engineer.
(2) Conduit shall be 3-inch galvanized steel with pullrope.
/ /
e. Wheel chair ramps shall be installed on all four corners of intersections per City
Standards or as directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all times with / /
adequale detours during construction. A street closure permit may be required. A cash
deposit shall be provided fo cover the cost ot grading and paving, which shall be
refunded upon completion of the construction to the satisfaction of the City Engineer.
g. Concentraled drainage flows shall not cross sidewalks. Under sidewalk drains shall be J /
installed to City Standards, except for single family lots.
h. Handicap access ramp design shall be as specified by the City Engineer. J /
i. Street names shall be approved by the City Planner priorto submitlal for first plan check. J /
5. Street improvement plans per City Standards for all private streets shall be provided for J /
review and approval by the City Engineer. Prior to any work being performed on the pri-
vate streets. fees shall be paid and construction permits shall be obtained from the City
Engineers Office in addition to any other permits required.
6. Sireel trees, a minimum of 15-gallon size or larger, shall be insfailed per City Standards in _._/ /
accordance with the City's street tree program.
7. Intersection line of Site designs shall be reviewed by the City Engineer for conformante with
adopted policy. j /
a. On collector or larger streets, lines of sight shall be plotted lor all project intersections. J /
including driveways. Walls, signs, and slopes shall be located outside the lines of sight.
Landscaping and other obstructions within the lines of sight shall be approved by the City
Engineer.
b. Local residential street intersections shall have their noticeability improved, usually by _._/ /
moving the 2 +/- closest st reet trees on each side away from the street and placed in a street
tree easement.
8. Aperm y ;; ,,om cALTRANs ,o, anyworkw,,h,nthe,o,,ow,ng,,gh,-o,-way;,
9. All public improvements on the following streets shall be operationally complete pdor to the ---/ /
issuance of building permits:
N. Public Maintenance Areas
y/ 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards ---/ /
shall be submitted to the City Engineer for review and approval pdor to final map approval
or issuance of building permits, whichever occurs first. The following landscape parkways,
medians, paseos, easements, trails. or other areas are required to be annexed into the
2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting J /
Districts shall be filed with the City Enginee r pdor to final map approval or issuance of building
permits whichever occurs first. Formation costs shall be borne by the developer.
~ 3. All required public landscaping and irrigation systems shall be continuously maintained by the _.._/ /
developer until accepted by the City.
4. Parkway landscaping on the following street(s) shall conform to the results of the respective /_~J
Beautification Masler Plan:
O. Drainage and Flood Control
1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood ---/ /
protection measures shall be provided as certified by a registered Civil Engineer and
approved by the City Engineer.
2. It shall be the developers responsibility to have the current FIRM Zone __/ /
designation removed from the project area. The developer's engineer shall prepare all
necessary reports. plans, and hydrologic/hydraulic calculations. A Conditional Letter
of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or
issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall
be issued by FEMA prior to occupancy or improvement acceptance, wh~;hever occurs first.
3. A final drainage study shall be submitted to and approved by the City Engineer prior to final J /
map approval or the issuance of building permits, whichever occurs first. All drainage
facilities shall be installed as required by the City Engineer.
SC* 12/93 llof12 ~ ? /
4. A permit from the County Flood Control District is required for work within itsright-of-way,
J /
5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe
measured from the outer edge of a mature tree trunk. J /
6. Public storm drain easements shaft be graded to convey ovedlows in the event of a ---/ /
blockage in a sump catch basin on the public street.
P. Utilities
1. Provide separate utility services to each parcel including sanitary sewerage system, water, J /
gas, electric power, telephone, and cable TV (all u riderground) in accordance with the Utility
Standards. Easements shall be provided as required.
2.The developer shall be responsible for the relocation ol existing utilities as necessary. _.._/ /
3. Water and sewer plans shall be designed and constructed to meet the requirements of the /---/
Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Pmteclion District,
and the Environmental Health Department of the County of San Bernardtrio. A letter of
compliance from the CCWD is required prior to final map approval or issuance of permits,
whichever occurs first.
Q. General Requirements and Approvals
1. The separate parcels contained within the project boundaries shall be legally combined into -"J /
one parcel prior to issuance of building permits.
2. An easement for a joint use ddveway shall be provided prior to final map approval or ---/ /
issuance of building permits, whichever occurs first, for:
/ /
3. Prior to approval of the final map a deposit shall be posted with the City covering the
estimated cost of apportioning the assessments under Assessment District
among the newly created parcels.
4. Etiwanda,/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan / /
Drainage Fees shall be paid prior tO final map approval or prior to building permit issuance if
no map is involved.
5. Permits shall be obtained from the following agencies for work within their right-of-way: ~ /
6. A signed consent and waiver form to join and/or form the Law Enforcement Community _..J /
Facilities Oistdct shall be filed with the City Engineer prior to final map approval or the
issuance of building permits, whichever occurs first. Formation costs shall be borne by the
Developer.
7. Prior to finalization of any development phase, sufficient improvement plans shall be com- / /
pieted beyond the phase boundaries to assure secondary access and drainage protection to
the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown
on the approved tentative map.
c__,
SC - 12/93 12 of 12
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September 28, 1994
TO: Chairman and Members of the Planning Co~eaission
FROM: Brad Buller, City Planner
BY: Scott Murphy, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND MODIFICATION TO CONDITIONAL USE PERMIT
89-23 - CITY OF RANCHO CUCAMONGA - A request to construct a helipad
and base a helicopter at an existing fire station and training
facility (Station #174) in the Minimum Impact Heavy Industrial
designation (Subarea 9) of the Industrial Area Specific Plan,
located at the southwest corner of Milliken Avenue and Jersey
Boulevard - APN: 229-111-34
PROJECT AND SITE DESCRIPTION:
A. Surroundin~ Land Use and Zoning:
North Vacant; Industrial Area Specific Plan (Subarea 9) Minimum Impact
Heavy Industrial
South - Metrolink/A.T. & S.F. Railroad; Railroad
East - Warehouse building; Industrial Area Specific Plan (Subarea 9)
Minimum Impact Heavy Industrial
West - Manufacturing building; Industrial Area Specific Plan
(Subarea 9) Minimum Impact Heavy Industrial
B. General Plan Designations:
Project Site - Heavy Industrial
North - Heavy Industrial
South - Railroad
East - Heavy Industrial
West - Heavy Industrial
C. Site Characteristics: The site contains a fire station building housing
fire personnel and equipment. The balance Of the site has been
rough-graded.
ANALYSIS:
A. Background: On September 27, 1989, the Planning Commission approved plans
for a fire station and training facility at the subject site.
Subsequently, the fire station building was constructed and is being used
to serve the industrial area. Plans for construction of the training
facility have been put on hold because of the Fire District's financial
constraints.
ITEM D
PLANNING COMMISSION STAFF REPORT
CUP 89-23 - CITY OF RANCHO CUCAMONGA
September 28, 1994
Page 2
B. General: The City has been approached by Mercy Air about leasing a
portion of the fire station site as a hellpad for a medical aid
helicopter. The helipad will be located in the area previously intended
for a training tower (see Exhibit "B"). The helicopter and its crew (3
employees per shift) will be based at the station on a 24-hour basis. The
helicopter will respond to medical emergencies within a 150-mile radius of
the site. Also, the relocation of the helicopter from La Verne will
provide a faster response time for the City of Rancho Cucamonga and
neighbring communities.
C. Other permits: In order to locate the helicopter at the site, a permit
must be obtained from the California Department of Transportation
(CalTrans), Aer6nautics Division. Staff has made preliminary contact with
CalTrans and determined that the helipad location is not within any flight
path or restricted air space required for Ontario Airport. If the
Conditional Use Permit modification is approved by the Planning
Commission, staff believes the permit will be approved by CalTrans.
D. Environmental Assessment: The main concern with the basing of a
helicopter at the site is noise. A helicopter can, and does, generate
considerable noise when taking off and landing (up to 90 dBA). This
level, however, is at peak and is not continuous. There are no
residential areas within 1-1/2 miles of the site. Also, the Minimum
Impact Heavy Industrial designation anticipated more noise and vibration
intensive activities than other zoning designations. A number of
businesses in the industrial area utilize helicopters for transporting
employees which has not generated any complaints. As a result, staff does
not believe the application will have a significant impact on the
environment and recommends that a Negative Declaration be issued by the
Planning Commission.
RECOMMENDATION: Staff recommends that the Planning Comission approve this
Modification to Conditional Use Permit 89-23 and issue a Negative declaration
for the application.
Respect lly sub ' ted,
uller
BB:SM:Sp
Attachments: Exhibit "A" - Site Utilization Map
Exhibit "B" - Site Plan
Resolution of Approval
~ IO.O~AC 4
OF RA~C:HC~:.CUCAMONGA TrrLE:~JE~, (,(~/V/~ 'i~ ~ =
PLANlYING, DMSION ~ =
EXHIBIT: SCALE: ------ L ·_:
'~- /
/
E~B~: SCALE:
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 89-23, A REQUEST TO CONSTRUCT A HELIPAD AND
BASE A HELICOPTER AT AN EXISTING FIRE STATION AND
TRAINING FACILITY (STATION #174) IN THE MINIMUM IMPACT
HEAVY INDUSTRIAL DESIGNATION (SUBAREA 9) OF THE
INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT THE SOUTHWEST
CORNER OF MILLIKEN AVENUE AND JERSEY BOULEVARD, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-111-34.
A. Recitals.
1. The City of Rancho Cucamonga has filed an application for
approval of a modification to Conditional Use Permit No. 89-23, 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 28th day of September 1994, 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 substantial evidence presented to this Commission
during the above-referenced public hearing on September 28, 1994, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
a. The application applies to property located at the southwest
corner of Milliken Avenue and Jersey Boulevard. The property is presently
developed with a fire station; and
b. The property to the north of the subject site is designated
for industrial use and vacant, the property to the south is designated for
railroad and industrial use and developed with a rail line and an industrial
building; the property to the east is designated for industrial use and
developed with a warehouse/distribution building; and the property to the west
is designated for industrial use and developed with a manufacturing building;
and
PLANNING COMMISSION RESOLUTION NO.
CUP 89-23 - CITY OF RANCHO CUCAMONGA
September 28, 1994
Page 2
c. The development of the helipad is consistent with the Minimum
Impact Heavy Industrial designation of the Industrial Area specific Plan and
the Heavy Industrial designation of the General Plan; and
d. The application, with the attached conditions of approval,
will comply with all applicable standards of the Development Code and the
Industrial Area Specific Plan.
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 I and 2 above, this Commission hereby finds and
concludes as follows:
a. The proposed use is in accord with the General Plan, the
objectives of the Development code, and the purposes Of the district in which
the site is located.
b. The proposed use, together with the conditions applicable
thereto, will not be detrimental to the public health, safety, Or welfare, or
materially injurious to properties or improvements in the vicinity.
c. The proposed use complies with each of the applicable
provisions of the Development Code.
4. Based upon the facts and information contained in the proposed
Negative Declaration, together with all written and oral reports included for
the environmental assessment for the application, the Planning Commission
finds that there is no substantial evidence that the project will have a
significant effect upon the environment and adopts a Negative Declaration
based upon the findings as follows:
a. The Negative Declaration has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and the State
CEQA guidelines promulgated thereunder; that said Negative Declaration and the
Initial Study prepared therefore reflect the independent judgment of the
Planning Commission; and, further, this Commission has reviewed and considered
the information contained in said Negative Declaration with regard to the
application.
b. Based upon the changes and alterations which have been
incorporated into the proposed project, no significant adverse environmental
effects will occur.
c. Pursuant to the provisions of Section 753.5(c) of Title 14 of
the California Code Of Regulations, the Planning Commission finds as
follows: In considering the record as a whole, the Initial Study and Negative
Declaration for the project, there is no evidence that the proposed project
will have potential for an adverse impact upon wildlife resources or the
habitat upon which wildlife depends. Further, based upon substantial evidence
contained in the Negative Declaration, the staff reports and exhibits, and the
information provided to the Planning Commission during the public hearing, the
PLANNING COMMISSION RESOLUTION NO.
CUP 89-23 - CITy OF RANCHO CUCAMONGA
September 28, 1994
Page 3
Planning Commission hereby rebuts the presumption of adverse effect as set
forth in Section 753.5(c-l-d) of Title 14 Of the California Code of
Regulations.
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.
Planninq Division
1) All applicable conditions as contained in
Planning Commission Resolution No. 89-125,
approving Conditional Use Permit 89-23, shall
apply.
2)All necessary State and/or Federal permits shall
be obtained prior to use of the helipad.
3) Approval is only granted for a helipad and
helicopter use for the purpose of providing
medical aid to the region. The helipad shall not
be used for Commercial traffic.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 28 DAY OF SEPTEMBER 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Buller, Secretary
I, Brad Bullet, 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 28 day of September 1994, by the following vote-to-wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
CITY OF RANCHO CUCAMONGA
DATE: September 28, 1994 STAFF REPORT
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
SUBJECT: CONFERENCE UPDATE
BACKGROUND: The following is a list of the upcoming seminars remaining for
Fiscal Year 1994-95. The total Conference budget is $750, of which $150 has
already been spent.
ASSOCIATION LOCATION DATES
Inland Empire P.C. Workshop Fontana, CA Oct. 1, 1994
Calif. Chapter of the APA San Diego, CA Oct. 20-23, 1994
League of California Cities Long Beach, CA Oct. 23-25, 1994
National Historic Pres. Conf. Boston, MA Oct. 26-30, 1994
Planning Comm. Institute Monterey, CA Mar. 22-25, 1995
National APA Conf. Toronto, Canada Apr. 8-12, 1995
Calif. Preservation Found. Riverside, CA Jun. 1-15, ~995
Respectf y submitted,
BB/jfs
ITEM E