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HomeMy WebLinkAbout1995/09/13 - Agenda Packet - SpecialCITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA WEDNESDAY SEPTEMBER 13, 1995 5:00 P.M. SPECIAL MEETING II. Ill. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Roll Call Chairman Barker Vice Chairman McNiel Commissioner Lumpp Commissioner Melcher Commissioner Tolstoy Announcements 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 statingyour name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. MODIFICATIONS TO CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 95-01 - KENT - A request to delete certain conditions of approvai relating to the construction of an 8,166 square foot day care facility within an existing shopping center in the Neighborhood Commercial designation, located on the east side of Haven Avenue, north of Highland Avenue - APN: 201-271-92. VARIANCE 95-03 GONZALES - A request to reduce the required parking spaces from 20 to 16 spaces, reduce the parking setback on Estacia Court from 25 to 15 feet, and reduce the side yard setback from 15 to 5 feet for proposed parking improvements on 0.4 acre of land in the Specialty Commercial District (Subarea 3) of the Foothill Boulevard Specific Plan, located at the southwest comer of Archibald Avenue and Estacia Court - APN: 208-153-01 and 02. Related file: Development Review 95-15. IV. New Business DEVELOPMENT REVIEW 95-15 - GONZALES - The request to convert an existing historic landmarked residential structure for commercial use and provide parking improvements on 0.4 acre of land in the Specialty Contmercial District (Subarea 3) of the Foothill Boulevard Specific Plan, located at the southwest comer of Archibald Avenue and Estacia Court - APN: 208-153-01 and 02. Related file: Variance 95-03. Public Comments This is the time andplace for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. Commission Business D. STATUS REPORT ON CITY PLANNER HEARINGS 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. I, Gall Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, hereby certiJS? that a true, accurate copy of the foregoing agenda was posted on September 7, 1995, at least 72 hours prior to the meeting per Government Code Section 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga. VICINITY MAP CITY HALL CITY OF RANCHO CUCAMON~A CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 13, 1995 Chairman and Members of the Planning Commission Dan James, Senior Civil Engineer Betty A. Miller, Associate Engineer MODIFICATION TO CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 95-01 - KENT - A request to delete certain conditions of approval relating to the construction of an 8,166 square foot day care facility within an existing shopping center in the Neighborhood Commemiai designation, located on the east side of Haven Avenue, north of Highland Avenue - APN: 201-271-92 BACKGROUND: The project was approved by the Planning Commission on Jane 28, 1995. During the review process leading up to approval, staff informed the applicant we would be repeating all outstanding conditions of an earlier approval on the same parcel, DR 89-15. The applicant voiced no objections to the conditions provided during technical review and, in response to Commission questioning at the public hearing (see attached minutes), indicated he would work out engineering conditions with the shopping center developer. On August 8, 1995, Diversified Properties Company III requested the deletion of Engineering Conditions 1 and 2 relating to undergrounding utilities. Their request letter is attached. ANALYSIS: Original approval for the shopping center, CLIP 8i1-31 and Parcel Map 9416, occurred in 1985. Overhead utilities along Haven Avenue, north of the Route 30 right-of-way, were andergrounded consistent with Planning Commission policy in place at that time. Development on Parcel 9 of PM 9416 was postponed antil Caitrans right-of-way needs could be resolved. In Jane of 1991 development was approved on Parcel 9, DR 89-15. Additional andergroanding was required across the adjacent lireeway right-of-way (Parcel 10 of PM 9416) consistent with Planning Commission policy adopted in June of 1987 (refer to Exhibit "D" of request letter). The developer appealed these conditions, which were then modified by the City Coancil. PLANNING COMMISSION STAFF REPORT CUP 95-01 September 13, 1995 Page 2 Litigation between the developer and Caltrans resulted in a September 24, 1993, "Final Order of Condemnation" indicating Caltrans had become the legal owner of Parcel 10 on April 15, 1986, prior to the 1987 revision of the undergrounding policy. The developer contends Parcel 10 is a developable parcel, so Parcel 9 should not be considered a comer parcel for purposes of Resolution 87-96. Further, had the litigation between the developer and Caltrans not caused a 7-year delay, Parcel 9 could have been developed with the rest of the shopping center, under the original utility undergrounding conditions of CUP 84-31 and PM 9416, which have already been satisfied. RECOMMENDATION: Staff believes the new information provided in the attached letter is compelling and supports the developer's position. It is recommended that the Planning Commission consider all input ;and elements of Conditional Use Permit No. 95-01 and the modification request. If after such consideration, the Commission deems appropriate, then adoption of the attached Resolution would be in order. Respectively submitted, Senior Civil Engineer Attachments: Vicinity Map Request Letter, with exhibits Resolution No. 95-26, CLIP 95-01 Minutes of June 28, 1995, Planning Commission Resolution of Approval for Modification _ ,o 4R I0 / ,H L)N b CITY OF ~RANCHO CUCAMONGA I": IDOD' z'z-~.- C L)P qS- oi Mob Tfi~,~: ~IICtNIT'i' MP~P ENGINEEEING DI1/lqION EXmF~. DIVERSIHED SHOPPING CENTERS August 7, 1995 RECEIVED AUG 8 15'95 City of Rancho Cucamonga Planning Division Honorable Members of the Planning Commission City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91729 Re: Letter of Justification Removal of Engineering Conditions I & 2 KinderCare CUP 95-01 Dear Members of the Planning Commission: Diversified Properties Company III requests your consideration in removing Engineering Conditions i and 2 from the Conditional Use Permit 95-01 for KinderCare Learning Center which was approved by the Planning Commission on June 28, 1995. We have outlined below a brief synopsis of the entitlement processing activities that have taken place on this site and our interactions with CalTrans during this same period. In April 1985, we obtained from the Planning Commission approval of the conditional use permit (CUP 84-31) for shopping center now built at the southeast corner of Haven and Lemon Avenues. Pay Less Drugstore obtained their entitlements in March 1985 to constnlct their building. For this initial development, we undergrounded the power lines on Haven Avenue past our entire Haven Avenue frontage in accordance with City policy at that time. Our third phase of development for two shop buildings on Parcel 9 was approved by the City in June 1991. As part of the Design Review for this third phase, the City added the conditions requiring in-lieu fees for th~ ~ndergrounding of utilities along · Highland Avenue and the remaining Parcel 10 frontage on Haven Avenue based on the City's policy Resolution 87-96 approved in June 1987. We appealed the conditions regarding in-lieu fees to the City Council and in November 1991 agreed to compromised conditions that satisfied the City's requirements even though we continued to believe these conditions should not have applied to us. The conditions that were approved by the Planning Commission for the KinderCare CUp are identical to these prior conditions. 2910 Red Hill Avenue, Suite 2130, P.O. Box 5047. 7~ '~ Costa M C fornia 92628-5047 * (714) 957-2651 FAX (714) 957-0147 Honorable Members of the Planning Commission August 7, 1995 Page 2 Attached is a site plan, labeled Exhibit A, showing the center as it is currently entitled and the locations where existing overhead utilities occur. During the period from 1987 to 1994 we were also in legal proceedings with CalTrans concerning their acquisition and protection of potential future State Route 30 right-of-way adjacent to our shopping center. In November 1987, court papers were filed for inverse condemnation of Parcel 10, as illustrated on Exhibit B. This proceeding was converted to a condemnation actionby CalTrans on September 26, 1988. Various court activities took place until March 1993, including a condemnation trial in May 1990 and an appeal filed by the State of California in January 1992. On September 24, 1993 the "Final Order of Condemnation" was issued by the California Superior Court stating that CalTrans' actions resulted in a de facto taking of Parcel 10, and the taking took place on April 15, 1986. Exhibit C attached is a copy of the Final Order. CalTrans had appealed this taking date to the Fourth Appellate District, which upheld the date of taking, and to the California Supreme Court, which refused to hear the case and denied. the appeal. Therefore, CalTrans was the legal owner of this parcel as of April 15, 1986. Based on this decision by the Superior Court, CalTrans has owned the property, for which the City has conditioned us to pay in-lieu fees, sinceApril 1986, prior to the current undergrounding policy being approved by the City. Also, Parcel 10 is currently zoned and general planned for commercial use and would be sold or developed by CalTrans as a shopping center if CalTrans does not convert the property to freeway use. This fact was well documented during the condemnation trial. Therefore, our "project" is bounded by Haven Avenue, Lemon Avenue, and the 4.5-acre CalTrans-owned commercially zoned Parcel 10, not Highland Avenue. Resolution 87-96 adopted by the City of Ranoho Cucamonga in June 1987 addresses the cost of undergrounding power lines on property upon which the power lines are located or adjacent to, as indicated on the copy of the Resolution attached as Exhibit D. Since we undergrounded all lines adjacent to our project during~he initial construction in 1986, the nearest power pole is approximately 179 feet from the nearest point of Parcel 9. The power lines referenced in Engineering Conditions i and 2 clearly are on or are adjacent to Parcel 10, which has been legally owned by CalTrans since April 15, 1986. Therefore, CalTrans has the obligation for undergrounding per your ordinance and our undergrounding obligations are complete. Honorable Members of the Planning Commission August 7, 1995 Page 3 We would be pleased to provide any additional information that may be needed by the Commission for analyzing this request. We appreciate being given the opportunity for the Commission to review this new information and would appreciate a positive response to our request for removal of Engineering Conditions 1 and 2 from the KinderCare CUP. Sincerely, DIVERSIFIED PROPERTIES COMPANY III General Partner /mr Attachments: Exhibit A- Site Plan Exhibit B- Parcel Map Exhibit C- Final Order of Condemnation Exhibit D- Resolution 87-96 423 LUCKY PAY LESS DRUG KINDERCARE PARCEL 1- 9 PARCEL MAP ,~\Jcj 94J~ :- BOOK IOI / 53-55 -:' RECORDS OF ~'- SAN BERN~RDff,;O CO. P~RCELt P~RCEL ,~ceL ~ BO0~ RECGR.I \.~ PARCEL  (4 1/2 Acres)~ ~ . I """ '. ::. _-,, ,,X~ .... ~: ~, -.. . ~,~ ~t ~ /.. FINAL TAKE (Illustrative only) -,A ~" EXHIBrr B C" C 93--462537 4 5 6 ,/ 8 ANTHONY J. RUFFOLO ROBERT W. VIeOR LARRY R. DANIELSON LINDA C. HARREL c:/o Department of Transportation Attention T, k. Haines, ~/W G25 East Caraegis Drive, Suite 150 San Demurdine. Colifornia 92408 ROBERT W. VIDOR, Bar Number 30312 CAROL JO MORGAN, Bar Number 106711 Attorneys !or Plaintiff EXEMPT GOVT. CODE 6103 SEP 2 .t 1833 ~,'L' ./ . / IJ~lauLy  SUPERIOR COURT OF TIlE STATE OF CALIFORNIA  993 FOR TH~ COUNTY OF SAN DERNARDINOOF ' '~' C ORNIA, acting by and ~4 Plaintiff, COMDEMNATZON 15 16 17 18 19 -va- DIVERSIFIED PROPERTIES COMPANY III, a CaliEornia Limite. d Partnership, et el., Defendants. Parcel No. 8576-1 20 21 22 24 25; 26 27 28 I~ appearing to the court that plaintiff has paid to the defendant DIVERSIFIED pROeKRTIES COMPANY, II1, a California Limited Partnership ~n~ed thereto the sum Of money assessed by the Judgment in Conde~naCion as modified by the decision of the Court of Appeal in Case No. E009497, filed on March 22, 1993; and If further appearing to tJ~e court from the aforesaid Judgment in Condemnation that the pr~-cundemnation activities of EXHIBIT C 1 3 C 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 plaintiff resulted in a d~ tacto taking of Parcel 8576-I and said t~K[ng Dy plaintiff Gummenced on April 15, 1986; and All taxes, penalties and costs which are a lien on maid Parce~ 8576-1 and which are apportioned to that portion of the fiscal tax year aftor April 15, 1986, are hereby cancelled pursuant to Section 5081 et seq. of the Revenue and Taxation Code. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the real property situated in the County of San Bernardino State of California, and more particularly described as follows, be condemned to plaintiff for State highway purposes, in fee simple absolute, unless a lesser e~tate is described: 08-8Bd-30-7,0 PARCE~ 8576-1 For freeway purposes:. Parcel 10 o~ Parcel Map No. 9416, in the City of Rancho Cucamong~, County of San Bernardino, state of California, as put plat recorded in Book 101 of Parcel Maps, Pages 53 to 55, incluuivo, records of said County and el. so th=t portion of Parce~ 9 of said Parcel Map No. 9416, described as ~-, follows: . , BEGINNING at the SoUthwest corner of said Parcel 9; thence along the Southerly line of said Parcel 9, South 88~ 27' 50" East, 615.0~ feet to the Easterly line of said Parcel 9] thence North 67' 33' 05" w~st, 446.52 [eet to a curve concave Southerly and having a radius oE 570.00 ~eet; thenDe Westerly along said curve thraugh an angle of 20' 47' 17", Final Order of (;o~dem,mtion 1 3 4 7 10 11 12 13 14 16 17 I 18 19 2D 22 23 24 =G 27 28 ¢ ( fi:l-4fi2537 p_A.R_CEDJ._53_~__~_: (Continued) ~ di~tun"~ of 206.81 feet to the Wentoily line of said Parcel 9. being the Easterly line of Haven Avenue and Point "A"; thence along said Westerly line, Sout~ 00~ 17' 45" West, ~96.98 fee~ to the POINT OF BEGINNING. Together with the extinguishmeat of ~11 e~sements of ~ccess ~purtcnant to the remaining lands in and to said Haven Avenue over and auro~ the following described line: SEGINNING ut said Point "A", thcn~u along said Easterly line e[ H~ven Avenue, North 00~ 17' 45" East, 7~.00 feet. ~ands abutting s~id freeway shall have no right or easement of auuess thereto. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a ~ortificd copy of thi~ order be recorded in the Office of the County Recorder of the County of San BernardlaD, State of California, and thereupon title to sa~d property described above shall vest in plaintiff and all interests of defendants DIVERSIFIED PROPERTIES COMPANY,'III, a California Limited Partnership; D & C ENTERPRISES; LINDA |IALSTEAD MOFFIT; LAXSON ACOUSTICS, INC.; HYDRO-SCAPE pRODUCTS, INC.; $pEEDMATIC, INC.; EXCEL ELECTRIC SUPPLY COMPANY; TICOR'.TI~_~ INSURANCE COMPANY OF CALIFORNIA; AMERICAN SECURITIES COMPANY; and WELLS FARGO BANK, N.A., in and to said real property uhall be terminated. Dated: All COURT 3 Filial Order of Conde,,motjo. 2, 3 4 9 10 11 12 13 14 16 17 10 19 20 21 22 23 24 25 26 27 28 D_.~CnAqA'r,Z___ON nr MAZ_LZ.N__n i, the und~rsigne~, say: r am, ann w~s at all times ilernin mentioned, a citizen or the United St~te-q nnd employ{:d in th~ County of San Bernard|no, State of California, over the age of 18 years and not a party to the within actiou or proceeding; that my business address is 625 West Carnegie Drive, Suite IS0, San eernardino, California 92408; that On Sept~lnber 13, 19~3, I enclosed a ~rue.copy'o~ ~he attached Filial Order of Condemnation tO acquire certain real property by Eminent Domain in a separate envelope for the persons named bulcw, addressed as set forth immediately below the respective names, as follows: PARKER, MILLIKEN, CLARK, O,HARA & SAMUELIAN .~ttention RiChard Franck 333 South Hope Street, 27th Floor Los Angeles, CA 90071-1488 Said envelope was sealed and with postage thereon fully prepared as certified mail; I depositud the same on the aforesaid date, in a mailing facility regularly States Post office Departmoist for the above stated place of business. maintained by the United mailing of letters at my I declare under penalty o~ perjury that the foregoing is true and correct. ~-. , · · Executed on September. 1'3, 1993, at San sernardino, CaliEcrnia. JO WILSON Declatent 1 2 3 4 5 6 7 8 9 10 ll 12 14 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL Declarant says: I am employed in the County of Los Angeles; I am over the age of eighteen years and not a party to the within entitled action; my business address is 1605 West Olympic Boulevard, Suite 700, Los Angeles, California 90015. On December/~_, 1993, I served the within PLAINTIFF'S RESPONSE TO NOTICE TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED on those parties of record in said action listed below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, addressed as follows: Parker, Milliken, Clark, O'Hara & Samuelian Richard L. Franck, Rosa L. Cruz 333 South Hope Street, 27th Floor Los Angeles, CA 90071 Attention: Ms. Rosa L. Cruz 'X' BY ~IL: ~X~ As follows: I am "readily familiar" with this Legal Division's practice of collection and processing correspondence for mailing. Under that practice it is given by me to the mail clerk and is then deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under p~nalty of perjury under the laws of the State of California tha% ~he above is true and correct. Executed on December ~ , 1993, Los Angeles, California. Dot Bodwell Declarant +/5 PXff's Resp. to Show cause RESOLUTION NO. 87-96 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A REVISED POLICY FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES AND REPEALING RESOLUTION NO. 86-77 WHEREAS, the Planning Commission of the City of Rancho Cucamonga wishes to repeal Resolution No. 86-77 which was adopted on the 28th day of May, 1986 and establish the revised policy contained herein; WHEREAS, the Planning Commission of the City of Rancho Cucamonga wishes to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City; and WHEREAS, it'is necessary to establish a policy to inform property owners and developers of the City goal. NOW, THEREFORE, be it resolved and established that all developments, except those contained in Section 7 and any others specifically waived by the Planning Commission, shall be responsible for undergrounding all existing overhead utility lines including the removal of the related supporting poles adjacent to and within the limits of a development as fol-lows: 1. Lines on the project side of the street*: a. Said lines shall be undergrounded at the developer's expense. b. In those circumstances where the Planning Commission decides that undergrounding is impractical at present for such reasons as a short length of undergrounding {less than 300 feet and not undergrounded adjacent), a heavy concentration of services to other users, disruption to existing improvements, etc., the Developer shall pay an in-lieu fee for the full amount per Section 6. c. The Developer shall be eligible for reimbursement of one-half the cost of undergrounding from future developments as they occur on the opposite side of the street. Lines on the opposite side of the street from the project: The Developer shall pay a fee to the City for one-half the amount per Section 6. Lines on both sides of the street: The Developer shall comply w~th Section 1 above and be eligible for reimbursement or pay additional fees so that he bears a total expense equivalent to one-half the total cost of undergrounding the lines on both sides of the street. Pole lines containin 66KV or lar~er electrical lines: All lines shall be undergrounded or in-lieu fees pard in accordance with section l, 2 or 3, above, except for 66 KV or larger electrical lines. _XH/S/T" b 5. Limits of Responsibilities: In-lieu fees shall be based upon the length of the property being developed from property line to property line (the center of adjacent streets for corner properties). Undergrounding shall include the entire project frontage and extend to: {1) the first existing pole off-site from the project boundaries (across the street for corner properties), (2) a new pole erected at a project boundary {across the street for corner properties), or (3) an existing pole within 5 feet of a project boundary, except at a corner. Fee Amount: The ~nount for in-lieu fees shall equal the 1 ength (per Section 5. a) times the unit amount as established by the City Council based upon information supplied by the utility companies and as updated periodically as deemed necessary. Exemptions: The following types of projects shall be exempt from this policy: b$ The addition of functional equipment to existing developments, such as: loading docks, silos, satellite dishes, antennas, water tanks, air conditioner5, cooling towers, enclosure of an outdoor storage area, parking and loading areas, block walls and fences, etc. Building additions or new free standing buildings of less than 25% of the floor area of the existing bull ding(s) on the same assessor's parcel, or 5,000 square feet, whichever is less. Exterior upgrading or repair of existing developments, such as: reroofing, addition of trellis, awnings, landscaping, equipment screening, repainting and exterior finishes, etc. d. Interior tenant improvements and non-construction CUPs. The construction of a single family residence on an existing parcel. Existing overhead utility lines located in trails, alleys, and utility easements with a heavy concentration of services to adjacent developments, and the utility lines are 500' or more from the right of way line of a Special Boulevard. Residential subdi visions of four or fewer single family residential parcels, where the utility lines extend at least 600' offsite from both the project boundaries and the adjacent property is not likely to contribute to future undergrounding. All references to streets shall also mean alleys, railroad or channel rights-of-way, etc. APPROVED AND ADOPTED THIS lOth DAY OF JLltE 1987. Larry 1~. NcNi 1 Chaiman I, Brad Bullet, Deputy Secretary of the Planning Cc, lm, ission of the City of Rancho Cuc~mnonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Pl~ning Conmnission of the City of Rancho Cucanmnga, at a regular meeting of the Planning Co~,ission held on the 10 day of June, 1987, by the follwing vote-to-wit: AYES: CONHISSIONERS: EHERICK, CHITIEA, HCNIEL NOES: COIq4ISSIGNERS: TOLSTOY ABSENT: ABSTAIN': COHHISSIONERS: NONE COI~ISSIONERS: BLAKESLEY RESOLUTION NO. 95-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERNIT NO. 95-01, A REQUEST TO CONSTRUCT AN 8,166 SQUARE FOOT DAY CARE FACILITY WITHIN AN EXISTING SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL DESIGNATION, LOCATED ON THE EAST SIDE OF HAVEN AVENUE, NORTH OF HIGHLAND AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-271-92. 1. James Kent has filed an application for the issuance of Conditional Use Permit No. 95-01, 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 26th day of April 1995, the Planning commission of the city of Rancho Cucamonga conducted a duly noticed public hearing on the application and said hearing was continued to May 10, May 24, June 14, and June 28, 1995. 3. On the 28th day of June 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. 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 28, 1995, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within an existing shopping center on the east side of Haven Avenue, north of Highland Avenue, with a street frontage Of 29.11 feet and lot depth of 446.52 feet and is presently improved with a parking lot and building pad; and b. The properties to the north and west of the subject site are zoned for commercial uses and are developed with retail buildings and a gas station. The property to the south is designated as the future freeway and is vacant. The property to the east is designated for multi-family residential use and is developed with an apartment complex; and c. The day care facility is consistent with the Neighborhood Commercial designation of the Development code and the General Plan; and d. The application, together with the attached conditions of approval, will comply with all applicable requirements of the Development Code. PLANNING COMMISSION RESOLUTION NO. 95-26 CUP 95-01 - KENT June 28, 1995 Page 2 e. The application contemplates requiring children to be signed in and out from the inside of the facility. 3. Based upon the substantial evidence presented to this commission du~ring the above-referenced public hearing and upon the specific findings of factE~ set forth in paragraphs 1 and 2 above, this Con~nission 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. 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. 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. That the Negative Declaration has been prepared in compliance with the california Environmental Quality Act of 1970, as Mended, and the State CEQA 9uidelinee 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. That, based upon the changes incorporated into the proposed project, no effects will occur. and alterations which have been significant adverse environmental 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 upen 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 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. CUP 95-01 - KENT June 28, 1995 Page 3 95-26 Planning Division 1) Traffic control measures shall be provided along the main north-south drive aisle to reduce vehicle speeds. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. 2) The screen wall on the west elevation shall receive rock veneer to match the shopping center. The final plane shall be reviewed and approved by the City Planner prior to building permit issuance. 3) A 7-foot tubular steel fence shall be provided around the facility to provide greater security. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. 4) A minimum 2-foot wide by 2-foot high shrub hedge should be provided around the perimeter of the play area. The shrub placement is intended to discourage outsiders from jumping over the fence. On the south side of the infant/toddler playground, this shall be accomplished by moving the fence at least 3 feet back from the sidewalk. The final plans shall be reviewed and approved by the City Planner prior to building permit issuance. 5) The trellis on the west side of the building shall be designed to extend over the sidewalk. The final design shall be reviewed and approved by the City Planner prior to building permit issuance. Engineering Division 1) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (teleco~munication and electrical) on the project side of Haven Avenue shall be paid to the City prior to the issuance of building permits. The fee shall be one-half the City adopted unit amount times the length from the center of the Route 30 Freeway right-of-way to the northernmost pole north of Highland Avenue (2 200 feet). 2) The developer shall enter into an agreement and provide security for one-half the cost of the future undergrounding of the existing overhead utilities (teleco~nunication and electrical) on the project side of Highland Avenue, based on the length from the center of Haven Avenue to the east project boundary, until such time as it can be determined that Caltrans will underground those lines at their own expense with the construction of the Route 30 Freeway. 3) Install additional street improvements on the east side of Haven Avenue, from the proJect's south boundary to Highland Avenue (Phase II of conditional Use Permit No. 88-18), as shown On ~eT~A of Drawing No. 1463. PLANNING COMMISSION RESOLUTION NO. CUP 95-01 - KENT June 28, 1995 Page 4 95-26 4) A non-refundable deposit shall be paid to the City covering the estimated cost of operating all new street lights during the first six months of operation, prior to building permit issuance. 5) A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to building permit issuance. Buildino & Safety Division 1) The building exit system shall comply with the State Fire Marshal's office requirement for safe dispersal per the 1991 Uniform Building Code. 2) The applicant shall review requirements mandated in Assembly Bill 3205 which could prohibit public or private schools within 1,000 feet of a hazardous materials user or generator (i.e., the gas station) unless a risk management and prevention plan is in place. If a plan is not currently in place for the gas station, one may be required by the San Bernardino County Department of Environmental Health prior to occupancy. Compliance with AB 3205 shall be provided to the Building Official and City Planner prior to building permit issuance. Police DePartment 1) Additional lighting shall be installed, as necessary, to provide a minimum of 1-foot candle illumination within the parking area. 2) The applicant shall work with the Police Department on a security plan for the day care facility. Emphasis shall be placed on after-hours security measures. The final plan shall be reviewed and approved by the Police Department and City Planner prior to building permit issuance. 6. The Acting Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND An"AF'T.L~ T2II 28TH DAY OF JUNE 1995. P~ ON OF THE CI OF RANCHO CUCAMONGA : ~ , Chairma~ PLANNING COMMISSION RESOLUTION NO. 95-26 CUP 95-01 - KENT June 28, 1995 Page 5 ATTEST: Dan Coleman, Acting Secretary I, Dan Coleman, Acting 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 June 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE A~SENT: COMMISSIONERS: TOLSTOY COMMUNITY DEVELOPMENT DEPARTMENTI STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Those items checked are Conditions of Approval. z>/y r_,4tE7· APPLICANT SHALL CONTACT THE PLANNING DNISION, (909) 989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time LImits Comolcdon Date V/ 1. Approva shall expire unless extended by the Plann ng Commission if building permits are --.j / not issued or approved use has not commenced within 24 months from the date of approval. 2. Development/Design Review shall be appmved prior to / / , _.j / 3. Approval of Tentative Tract No. is granted subject to the approval of _J / The developer shall commence, participate in. and consummate orcause to be commenced, participated in, or consummated, a Melio-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection Distrio~ to finance construction and/or maintenance of a fire station to Serve the development. The station shell be ioceted, designed, and built to all specifications of the Rancho Cuc, amonga Fire Protection District, and shall become the Distriors 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 al:~olioabla laws and regulations. The CFD shell be formed by the District and the developer by the time reoordation of the final map occurs. 5. Prior to recordation of the final map or the issuance of building permits, whichever comes first. the apf)licant shall consent to, or participate in, the establishment of a Melio-Roos Community Facilities District for the 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 aitematNe, consent to the annexation of the project site into the territory ol 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 within twelve months from the date of appaoval of the project and lyior Io the reCordNion of the final map or issuance of building permits for said project, this Condition shall be deemed null and void. _J / __/ / -~:- 10/S4 This condition shall be waived it 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 res3it of this project. 6. Prior to recordation of the tinal map or prior to issuance of building permits when no map is .__/.__/ involved, written certification from the affected waler district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Depallment 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 v'/ 1. The site shall be developed arid maintained in accordance with the al:)proved plans which include site plans, architectural elevations, exterior materials and colors, landscaping. sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. and Specific Plan and Planned Community. v'/' 2. Prior to any use of the proiect site or business activity being commenced thereon, all .__/ / Conditions of Approval shall be completed to the satisfaction of the City Planner. v/ 3. OccuPancYofthefadlityshaitnctcommenceuntilsuchfimeasallUniformBuildingCodeand .__/ / State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucarnonga Rre Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 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. v/ 5. All site. grading, landscape. irrigation, and street improvement plans shall be coordinated for ---/ / consistency prior to issuance of any permits (such as grading. tree removal, encroachment, building, etc.). or pdor to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. Approval of this requeSt shall cot waive compliance with all sections of the Develdpment Code, all Other ap,olicabia City Ordinances, and al:~olicable Community Plans or Specific Plans in effect at the time of Building Perulit issuance. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sheritf's Department (989-6611) prior to the issuance of building permits. Such plan shall indicate style, illumination, iocajon, height, and moth0d of shielding so as not to adversely affect adjacent propenias. ,/ / / __/ / 8. Ifnecentralizedlrashrocoptaclesareprovidad, all trash pick-up shell pe for individual units _.J / with all receptacles stileideal from public v~ew. ._J / v/ Trash receptacle(s) are required and shell meet City standards. The final design, locations, and the number of trash receptacles shall he subject to City Planher revew and approval prior to issuance of building permits. __ 10. All ground-mounted utility aplNrtenances such as tranSformers, AC condensers, etc., shall be located out of public view and adequately scroeeted through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. / / v/ 11. Street names shall be submitted for City Planner review and approval in accordance with the aOopted 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. _J / 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shaft be submitted 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 conjunction with street improvements. 14. The Covenants, Conditions and Restrictions (CC&RS) shell not prohibit the keeping of equine _J.___/ animals where zoning requirements forthe keeping of said animals have been met. Individual lot owners in subdivisions shall have the option el 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 Adides of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering DivisionS and the City Attorney. They shell 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. All parkways, open areas, and landscaping shall be permanently maintained by the property 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 shell be dedicated for the purpose of assuming that each lot or dwelling unit shall have the right to receive sunfight 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 recordation el 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 shell be developed and maintained in accordance with the Historic Landmark Alteration Permit No. · Any further rnoditicationS to the site including, but not limited to, exterior alterationS and/or interior a ite rations which affect the exterior of the buildings or structures, removal of landmark trees, demolition, reldcation, reconStruction of buildings or structures, or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Cornmission review and approval. C. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and effiolancy. All swimming pools installed at the time of initial development shell be supplemanteq with solar heating. Details shall be included in the building plans and shall be submitted for City Rannet review and approval prior to the issuance of building permits. 2. All dwellings shall have the from, side and rear elevalions upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to City Planner review and ap,oroval pnor to issuance of building permits. sc - IO/~4 __J / __J / _J / _J / _J / _J / D. Parking / ,/ 3. Slandard patio a)ver plans for use by the Homeowners' Association shall be submitted for ~ / City Planner and Building Official review and approval prior to issuance o1 building permits. 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _J / projections, shall be shielded from 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 satisfaction of the City Planner. Details shall be included in building plans. 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 curo). 2. Textured pedestrian pathways and textured pavement across circulation aisles shall be J / provided throughout the development to connect dwe flings/units/build ings with open spaces/ plazas/recreational uses. 3. All parking spaces shall be double stdped per City standards and all driveway aisles, J / 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 deplh from beck of sidewalk. 5. The Covenants, Conditions and Restrictions shell restrict the storage of recreational vehicles ----/---.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. Plans for any security gates shell be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and al~oroval prior to issuance of building permits. E, Landscaping (for publlcty maintained landscape area, refer to Section N.) / 1. ~detailedlandscapeandirrigationplan includingsiobeplant ngandmodelhome landscap- __./ / ~ng in the case of residential deveidprnent, shell be prepared by a licensed landscape architect and submitted for City Planner review and alq:N'oval priorto the issuance of building permits or prior final map a,q~roval in the case of a sustoro lot subdivision. 2. Existing trees required to be pressNed in place shell be protected with a constnjction barrier ~ / ~n accordance with the Municipal Code Section 19.08.110, and so noted o n the grading plans. The idcat ion of those trees to be preserved in place and new locations for transplanted Irees 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. Aminin~mof treespergrossacre, compdsedofthefollowingsizes, shall be provided / / · ' within the project: % - 48- inch box or larger, % - 36- inch bex or larger, __ % - 24- inch box or larger, % - 15-gallon, and % - 5 gallon. v/ 4. A minimum of ~ % of trees planted within the project shall be specimen size trees - 24-inc, h box or larger. ,/ 5. Within perking 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- 10/94 6. TreesshallbePlamedinareasofPublicviewadjacenttoandalongstructuresatarateofone tree per 30 linear feet of building. 7. A~~priva~es~~pebanks5feet~r~e~~invertica~heightand~f5:1~rgreatersld~e~but~essthan 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 irrigation system to be installed by the developer prior to occupancy. 8. AIIPrivateslopesinexcessofSfeet.butlessthan8feet inverticalheig~tandof2:lorgreater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree par each 150 sq. ft. of slope area, 1-gallon or larger size Shrub per each 100 sq. ft. of slope area, and apf)ruprlate 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 ml. ft of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thdving condition hy the developer until each individual unit is soidandoccupiedbythe bijyer. Priortoreleasingoccupancyforthoseunlts, an inspectlon shall be conducted by the Planning Division to determine thal they are in satisfactory 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 la_r~__aped areas shall be kept free from weeds and dabds and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, deed, 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 shell be in addition to the required street trees and slope planting. 12. The final design of the pedrneter parkways, walls, landscaping, and sidewalks Shall be included in the r.equired landsc~ plans and shall be subject to City Planner review and al:~roval andcoordinatedforconsistencywithanyparkway landscapingplanwhich maybe required by the Engineenng Division. 13. ~pecial landscape features such as mounding, alluvial rock, specimen size trees, meander- ing sidewalks (with horizontal change), and intensified landscaping, is required along __J / _J / ,/ 14. Landscaping andirrigation systems required to be installed within the public right-of-way on the pealmater of this project area shall be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment. If lo~aled in I~lis,, ,a;ntsnanc~ ar~ me '~es~n 6~a/I ~ ~,~,,~ .~1, tl,~ E,~;,,~,;,~ Oi.;3~. 16. Tree maintenance criteria shall be daveloped and submitted for City Planner review and approval prior to issuance of building permits. These criteda shall encourage the natural growlh characteristics of the selected tree species.- 17. Landscaping and imgation shall be designed to conserve water through the principles of Xerisca,oe as defined in Chapter 19.16 of the Ranc_,ho Cucamonga Munioil)al Cede. _J / _J / _J / _J sc- 1o/~1. F. Signs ,/ 1. Thesignsindicatedonthesubm~edplansareconceptualonlyandnotapartofthisapproval. Any signs proposed for this development shall com~ly with the Sign Orciinance and shall r~quire separate application and approval by the Planning DiviSion prior to installation of any ssgns. 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 pdor to issuance of building peruflits. __./ / 2. AUniformSignProgramforthisdevelopmentshallbesubmittedforCityplanner reviewand .__/_._J approval prior to issuance of building permits. G. Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher projed in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 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. The developer shall provide each prost~ective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, pdor to accepting a cash deposit on any property. A final acoustical report shall be submitted for City Planner review and approval pdor to the issuance of building permits. The final report shall discuss the level of interior noise attenuationto below45CNEL, the building rnateriais and constructiontechniquesprovided, and it appropriate, verity the adequacy of the mitigation measures. The building plans will be Checked for contorrnance with the mitigation measures contained in the final report. H. Other Agenciee 1. EmergencYsecondarYaccessshallbeprovidedinaccordancewithRanchoCucamongaFire Protection District Standards. Emergency access shall be provided, maintenance Iree and clear, a minime m of 26 feet wide at all times during construction in accordance with Rancbe Cucamonga Fire Protection District requirements. Prior to issuance of building permits for coml)ustible constructfen, evidence shall be submitted to the Rancho Cucamenga Fire Protection District that temporary water supply for fire protection is available, pending completion ol required fire protection system. The al~olicant shall contact Iha U. S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead stnjcture 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 ol building permits. v' ¢, ._J / ._J / /..__/ __/ / ___/ / __J / 5C- 10/~4 For projects using septic tank facilities, written certiticalion of acceptability, including all su~oonwe informafion, shall be obtained from the San Bemardino 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 v/ 1. TheaPPlicantshallcomPlYwiththelatestadoptedUniformBuildingCode, UniformMechani. cal Code. Uniform Plumbing Code, National Electrio 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 to existing unit(s). the applicant shall pay development fees at the established rate. Such fees may include, but am not limited to: City Beautification Fee. Park Fee. Drainage Fee, Systems Development Fee. Permit and Plan Checking Fees, and School Fees. 3. Prbr to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shell pay development fees at the established rate. Such lees may include, but are not limited to: Systems Development Fee, Drainage Fee, SchoOl Fees, Permit and Plan Checking Fees. 4. Slreet addresses shall be provided by the Building Official, after tract/pamel map recordation and prior to issuance of building permits. J. Existing S!ructures 1. Provide compliance with lhe 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. Existingsewagedisp~sa~fadlitiessha~~berern~ved~fi~~edand/~rcapped~~c~mp~ywiththe Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted for building permit applr, ation. K. Grading v/' 1. Grading of the subject property shall be in ac_-c~__rdance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approvdd grading plan. A soils report shall be prepared by a qualified engineer licensed by the State of California to parform such work. The developmere is located within the soil erosion control boundaries; a Soil Disturoance Permit is required. Please contact San Bemardino County 0epaflment of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City pnor to the issuance of rough grading permit. 4. A geological reparf shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan Check. 5. Thefinalgradingplansshallbecompletedandapprovedpnortoissuanceofbuildingpermits. _J / _J / _J / _J / _J / _J I _J / _J / _J / _J / _J / _.J / sc- zo/~4 6. AS a custom-lit subdivislin, the following requirements shall be met: ~ a. Surety shall be posted and an agreement executed guaranteeing corn~letlin of all on-site __.-/ / drainage facilities necessary for dewatenng all parcels to the satisfaction of the Building and Safety Division priorto final map approval and priorto the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are COnducted onto or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for dewatedng and protecting the subdivided 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 pemqit 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 building and grading permits. (This may be on an ~ncremental or COmposite basis.) ,_/ / e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses --J / or planted with ground COver for erosion COntrol upon COmpletion of grading or SOme other altemative 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 1 ol the Development Code. APPLICANT SHALL CONTACT THE ENGINEERING DNISION, (909) 989-1862, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: l. Dedlcatlon and Vehicular Acce.s8 1. Rights-of-way and easements shall be dedicated to the City for all intedor public streets, COmmunity trails, public baseos, 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, elc.) Shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall he made of the following rights-of-way on the podmeter streets (measured from street centertiM): total feet total feet on totalfeet on total feet on 3. An irrevocableofferofdedicatlonfor for all private streets or drives. -foot wide roadway easement shall be made 4. Non-vehicular access shall be dedicated to the City for the following Streets: ,_/ / s.c- 1o/94 5. Reciprocal access easements shall be provided ensudng access to all parCels by CC&Rs or by deeds and shall be reCOrded COncurrently with the map or prior to the issuance of building permits, where no map is involved. 6. Private drainage easernents for cross-iot drainage shall be prov~ed and shallbe delineated or noted on the final map. 7. The final ma,o shall clearly delineate a I O-foot minimum building restriction area on the neightx)dng lot adjoining the zero lot line wall and contain the lollowing language: "l/We hereby dedicate to the City of Rancho Cucamonga the right to prohibit the construction of (residential) txliidings (or other structures) within thqse 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 shall be dedicated to the City wherever they encroach onto private properly. 10. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum 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 deveidber shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and ff 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 Govemmeht Code Section 66462 atsuchtimeastheCityacquiresthepropertyinterestsreduiredfortheimprovements. Such agreement shall provide for payment by the developer of all costs incurTed by the City to acquire the off-site property interests required in cennectlon with the subdivision. Security for 8 portion of these costs shall be in the form of a cash deposit in the amount given in an al:g}raisal repen 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 (intehor streetS, drainage facilities, cemrnunity trails, paseos, landscaped areas. etc.) shown on the plans and/or tentative map shell be constmctod to City Standards. Interior street improvements shall include, but are not limited to, Cue'o and gutter, AC pavement, dhve 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 oonstructed for all half-section streets. __J __/ 3. Construct the following perimeter street improvements including, but not limited to: __/ STREET NAME CuRB & A.C. SI)~- DRP,~ S'mEET S'TI~EET CCMM MeDiAN B~K~ GU'I'rER PVMT WALK APPR. LIGHTS TREES TRAm ISI,ANO TRAIL OTHER sc - 10/~4 Notes: (a) Median island includes landscaping and irrk:jation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If 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: Streel improvement plans including street trees and street lights, prepared by a regis- tered 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 At10rney guaranteeing completion ol the public and/or pdvate street improve- ments, prior to final map approval or the issuance of building permits, whichever occurs first. Prior to any work being performed in public itght-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. .__/ / ._J / c. Pavement striping, roaming, traffic, street name signing, and interconnect conduit J / shall be installed to the satisfaction of the City Engineer. d. Signalconduitwithpullbexesshallbeinstalledonanynewconstructionorreconstriction ___/ / of major, secondary or collector streets which intersect with other major, secondary or collector streets for Mute traffic signals. Pull boxes shall be placed on beth sides of the street at 3 feet outside of BC R, EC R or any other locations appmved by the City Engineer. Notes: ,.__/ / (1) NI pull 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 rarr~os 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 .--.J / adeduale detours quring construction. A street closure bermif may be required. A Cash deposit shall be provided to coverthe cost of grading and paving, which shall be refunded upon completion of the constriction to the satisfaction of the City Engineer, g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be J / installed to City Standards, except for single family lots. h. Handicap ac-"_ess ramp design shall be as specified by the City Engineer. / / L Street names shall be approved by the City Planner pdor to submittal for first plan check. __/ / 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 pedormed 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. Street frees, a minimum of 15-gallon size or larger, shall be inStalled per City Standards in J / accordance with the Cify's street tree program. 'o, 51 7. Intersection line of site designs shall be reviewed by the City Engineer for conformance with adopted policy. a. On collector or larger streels, lines of sight shall be plotted for all prOjeCt intersections, 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 slreel trees on each side away from the street and placed in a street tree easement. 8. A permit shall be obtained from CALTRANS for any work within the following right-of*way: 9. All public improvements on the following streets shell be oberatlonally complete prior to the issuance of building permits: __/ / ~/ / __/ / N. Public Maintenance Areas · 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 prior 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: __/ / 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer priorto final map approval or issuance of building permits whichever occurs first. Formation costs shell be borne by the developer. __/ / 4. Parkway landscaping on the following street(s) shell conform to the results of the respective Beautiticallon Master Plan: 3. All required public landscaping and irrigation system shall be continuously maintained by the __/ / developer until accepted by the City. __/ / O. Drainage 1. -.2. and Flood Control The project (or bonione Ihareol) is located within a Flood Hazard Zone; therefore, flood protection measures shall be provided as certified by a registered Civil Engineer and alPproved by the City Engineer. It shall be the developers responsibilily to have the current FIRM Zone designalion removed from the project area. The developers engineer shell prepare all necessary reperls, plans, and hydrologicJhydraulic cak:;ulallons. A Conditional Letter, of Map Revision (CLOMR) shell 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 pner to occupancy or improvement acceptance, whichever occurs first. A final drainage study shall be submitted to and al:q:}roved by the City Engineer prior to final map approval or the issuance of building permitS, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. __j / __./ __./ sc- 4, A permit from the County Flood Control District is required for work within itsright-of-way. 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. 6. Public stOn'n drain easements shall be graded to convey overflows in the event of a bloc~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 'IV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developor shall be responsible for the relocation of 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 Protection District, and the Environmental Health Deportment of the County of San Bemardino. A letter of compliance from the CCWD is required pdor to final map approval or issuance of permits, whichever occurs first. .._./ / __.j / __/ / .__/ / ___/ / .__/ / Q. General Requirements and Approvals 1. The separate parcels contained within the project houndaries shall be legally combined into '--/ / one parcel prior to issuance of building porrnits. 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 depesit shell be losted with the City covering the estimated cost of apOortloning 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 IxK)r to final map approval or prior to building permit issuance no map is involved. _.J / .__/ ! 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 Entomement Community Facilities District Shall be filed with the City Engineer prior to final map alc~roval or the issuance of building permits, whichever occurs first, Fom~ation costs shell be borne by the Developer. 7. Prior to finalization of any development phase, surfWent irnlxovement plans shall be com- pleted beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries Shall conespend to lot lines shown on the approved lentatwe map. .__/ / ~ / APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 987-644)5, FOR COMPLIANCE THE FOLLOWING CONDITIONS: / 1. Melio Roos Community Facilities District requirements shall apply to this project. ,/ v' ,/ so- ~o/~, 2. Fire flow requirement shall be A. A previous fire flow. conducted gprn available at 20 psi. v/C. gallons per rmnute. revealed A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed and operable priorto delivery of any combustible building materials on site (i .e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 4. Existing fire hydrant locations shall be provided priorto water plan approval. Required hydrants, if any, will be determined by this department. Fire District standards require a 6" dser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for speciticatlons on approved brands and model numbers. 5. Prior to the issuance of building permits for combustible construction,evidence shall be submitted to the Fire District that temporary water sul~ly for fire protection is available, pending completion of required fire prolection system. 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. .7. An automatic fire extinguishing system(s) will be required as noted below: v"' Per Rancho Cucamonga Fire Protection District Ordinance 15. ' V/Other/q4cZ, y ~')ll/V/t//_.,t ~t///.~/,M~ cr-~,- II Note: Special aptinkier densities are required for such hazardous operations as woodworking, plastics manufacu dng, spray painting. flammable liquids storage, high piled stock, etc. Contact Fire Sa/ety Division to determine if sprinkler system is adequate Ior proposed operations. 8. Sprinkler system rnoniforing shall be installed and operational immediately upon completion of sprinkler System. 9. A fire alarm system(s) shall be required as noted below: Per Rancho Cucamonga Fire Protection District Ordinance 15. v/ Califomia Code Regulations 'RIle 24. NFPA 101. 10. Roadways within project shall comply with the Fire Distdct's fire lane standards, as noted: t,/Ait roadways. Other I__j ~/ / __/___1 __/ I _J I _J I _J / v/ 11. Fire deparlment access shall be amended to facilitate emergency apparatus. ~ / ,/* 12. Emergency secondary access shall be provided in accordance with Fire District staI~lards. --j_ v/ ' 13. Emergency access shall be provided, maintenance tree and clear, a minimum of 26 feet wide -._/ / at all times during construction in accordance with Fire District requirements. v/' 14. All trees planted in any median shall be kept trimmed a minimum of 14'6" from ground up so --J / as not to impede fire apparatus. 15. A building directory shall be required, as r,~led below: ---/ / __ Lighled director within 20 feet of main entrance(s). Standard Directory in main biDby. Other t/' ~16.AKn~xrapidentrykeyvauitsha~~beinsta~~eqpd~rt~fina~inspection.Pro~f~fpurchasesha~~ __/ / be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. V/ .17. GatecVrestricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire._J.__J Safety Division for specific details and ordering information. v// 18. A tenant use letter shall be submitted prior to final building plan approval. ...._/ / v/"' 19. Plan check fees in the amount of $ --~)- have been pald. .J / An additional $ GZ, Z), --' shall be paid: ...v"Pdor to water plan approval. Pdor to final plan approval. Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 20. Special pan'nits may be required, depending on intended use, as noted below: __./ / A. General Use Permit shall be required for any activity or operation not specifically described below, which in Ihe judgemsnt of the Fire Chief is likely to produce conditions hazardous to life or proparty. B. Storage of readily combustible material. C. Places of assemb y (except churches, schools and other non-profit organizations) D. Bowling alley and pin refinishing. E. Cellulose Nitrate plastic (Pyroxylin). F. Combustible fibers storage and handling exceeding 100 cubic feet. G. Garages Motor vehicle repair (H-4} H. Lumber yards (over 100,000 beard feet). M. N. O. __P. Q. R. S. T. U. V. W. Tire rebuilding plants. Auto wrecking yards. Junk or waste material handling plants. Flammable finishes. Spraying or dipping operations, spray booths, dip tanIs, electrostatic apparatus, automobile undercoating, powder coating and organic peroxides and dual corrF ponent coatings (per spray booth). Magnesium (more tha 10 pounds per day). Oil burning equipment operations. Ovens (industrial baking and drying). Mechanical refrigeration (over 20 pounts of refrigerant). Compressed gases (store, handle or use exceeding 100 cubic feet). Cryogenic fluids (storage, handling or use). Dust-producing processes and equipment. Flamrna~le and combustible liquids (storage, handling or use). High piled combustible stock. Liguified petroleum gas (store. handle, transport or use more than 120 gallons). Matches (more than 60 Matchman's gross). Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. 5c- A CITY OF RA/~CHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting JUne 28, 1995 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Barker then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: David Barker, Heinz Lumpp, Larry McNiel, John Melcher ABSENT: Peter Tolstoy STAFF PRESENT: Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Ralph Hanson, Deputy City Attorney; Dan James, Senior Civil Engineer; Scott Murphy, ASsociate Planner; Gail Sanchez, Planning Commission Secretary ANNOr.~CEMRNTS Commissioner Melcher annoUnced that, on behalf of Principal Planner Dan Coleman, he had accepted an award from the Inland Empire Section of the American Planning ASsociation (APA) for journalism contributions to the organization.s newsletter. He presented the plaque to Mr. Coleman. APPROVAL OF MINUTES Motion: Moved by McNiel, seconded by Lumpp, carried 4-0-1 with Tolstoy absent, to approve the minutes of June 14, 1995. PUBLIC HRARINGS ENVIRONMENTAL ASSESSMk~NT AND CONDITIONAT. USE PERMIT 95-01 - ~ - A request to construct an 8,166 square foot day care facility within an existing shopping center in the Neighborhood Commercial designation, located on the east side of Haven Avenue, north of Highland Avenue - AFN: 201-271-92. Scott Murphy, ASsociate Planner, presented the staff report. He commented that it was his understanding that the Design Review Committee's intention had been that the sidewalk should be under the trellis on the west elevation. He noted that the site plan shows post locations on the building side of the sidewalk, meaning that the trellis would not extend over the sidewalk. He suggested the Commission could add a condition that the trellis extend over the sidewalk to create a colonnade. Commissioner Melcher asked how wide the trellis would be if it only went tc the back of the sidewalk. Mr. Murphy replied that it would be approximately 5 to 6 feet. Commissioner Melcher asked if it will be attached to the building. Mr. Murphy replied affirmatively. Commissioner Melcher noted the amount of space between the building and the sidewalk will vary because the sidewalk curves. He asked if the trellis will be straight. Mr. Murphy responded that the trellis is straight. He noted that the building wall itself pushes back at the center of the building but the fascia remains consistent all the way across the building. He estimated there would probably be approximately 12 to 13 feet of landscaping between the building and the sidewalk at that point. Chairman Barker opened the public hearing. Jim Kent, Kindercare. Learning Centers, 23832 Rockfield Boulevard, Suite 225, Lake Forest, stated they matched elements to the balance of the shopping center. Commissioner Lumpp asked if the applicant was aware of Engineering Conditions No. 3 and 4 regarding installation of street improvements and payment of a non-refundable deposit for the estimated cost of operating the new street lights for a 6-month period. Mr. Kent said he had looked at the conditions, but he thought Haven was fully improved when the original center was built. Dan James, Senior Civil Engineer, etated the site had gone through Design Review in 1989 and a similar condition had been placed on that project. He said the applicant appealed to the City Council at that time regarding undergrounding utilities and that condition was modified slightly but upheld and the condition has stayed with the site. Mr. Kent said it was something he would have to take up with the developer. Mr. James said the developer is aware of the condition. He thought the same condition had been placed upon the McDonald's site. He noted the intersection was completed and the developer posted bonds for the remainder of the area. He said there had been complications with Caltrane' processing, but a bond was posted so that McDonald's could be granted occupancy. He said the same condition has been imposed with each development remaining on the site. Mr. Kent said he would wo=k it out with the developer. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner Lumpp said he was not dissatisfied with the modification of the architectural design, but he was somewhat disappointed the applicant had to revise the drawings and delay the project to this extent. Me felt the project as originally recommended by the Design Review Committee was a good project. He thought the applicant had done a remarkable job in trying to comply with the direction of the Planning Commission and had submitted a design which is almost identical to the existing center. He supported the project. Planning Commission Minutes -2- June 28, 1995 Commissioner McNiel agreed with Commissioner Lumpp. He noted the one significant remaining issue is the trellis and its relationship to the sidewalk and he suggested that the applicant and staff resolve that issue. Commissioner Melcher expressed appreciation for the developer's affirmative response to the Commission's comments made at the April meeting. He thought this building is much more appropriate to the center. He questioned if there was a satisfactory resolution of the concerns previously raised regarding the mechanism of children arriving at and departing the school. Chairman Barker said it was his understanding that the school requires that an adult enter the building to sign each child in and out. He felt the safety factor has been addressed so long as that requirement is enforced. He said that if the City finds that requirement is being ignored, he would recommend that the Conditional Use Permit be modified to call for the permanent assignment of an outside proctor. Commissioner Melcher asked if it is a condition. Mr. Murphy replied that it was not a stated condition. Commissioner McNiel recalled it to be a stated policy of Kindercare. chairman Barker suggested it be added to the resolution. Commissioner Melcher thought staff had probably considered his other two concerns but stated he would like to mention those concerns. He noted the site is immediately adjacent to future Route 30 and he thought it will be subject to an unusual amount of noise in the play area. He also asked if the air quality would be worse because the location will be immediately adjacent to the freeway. Mr. Murphy stated that a noise study had been conducted for the site and it identified a worst case scenario of noise contours Of 65 CNEL (the maximum standard used for residential areas) away from the building. Me noted that it was estimated that the play area would have a maximum of 60 CNEL. Me said the Code requires that interior noise levels be below 45 CNEL through construction techniques and the acoustical engineer felt comfortable that could be met. Me said his information indicates there will be a higher concentration of pollutants from McDonald's than from the freeway because of cars' idling at the drive-thru lane. Me noted there will be pollutants from sheer volume and that information is not available at this time. Commissioner McNiel noted the freeway is proposed to be depressed with a sound wall atop the berm. Mr. Murphy interjected that when the noise study was prepared, the freeway profile was not known, and the figures he had cited were the worst case scenario .of an elevated freeway. He stated that the impacts will be less if the freeway is depressed. Chairman Barker thanked the applicant for addressing the commissi0n's previous comments. He suggested that language be added to the Resolution to indicate that students shall be signed in and out by an adult with the understanding that if that does not take place and safety appears to be a factor, the Planning Commission would reconsider the Conditional Use Permit to address that issue. Motion: Moved by Melcher, secondedby McNiel, to issue a Negative Declaration and adopt the resolution approving conditional Use Permit 95-01 with Planning Commission Minutes June 28, 1995 modifications to include language indicating that the practice shall be that students must be signed in and Out by an adult and that the trellis on the west side of the building be designed to extend over the sidewalk to the satisfaction of the City Planner. Motion carried by the following vote: AYES: COMMISSIONERS: NOES: NONE ABSENT: TOLSTOY BARKER, LUMPP, MCNIEL, MELCHER - carried rc COMMRNTS no public comments at this time. COMMISSION INESS Chairman Barkez the consultant concerns to the a study being don( preparation of an stated he would be meeting with that Services with the they my have or any that he and Commissioner Lumpp a meeting with is doing the commercial Retail and he had expressed Manager that there might be some ]sible overlapping with the Redevelopment Agency (RDA has to do with the Development Analysis and Industries Study. He the Scope of Work for RDA study and he wi].l be on July 6. He ~red to share the Scope of 3hers and asked that advise him of any concerns they would like to share with the consultant. Commissioner Melcher expres~ allowing the Commission to the [or chairman Barker's efforts in Services. Co~unissioner Melcher stated that declining to meet with Wohl the Commercial Study and he did an early decision. like the record to show that he was Company because the City is involved in individual pressure placed on him for ccelnissioner Melcher that when he the APA award on behalf of Mr. Coleman, he took to ent the condition of Planning throughout San B marc by stating t~ t he feels politicians in the various cities and at t county level are trash g planning as something that does not need to be don en money is tight. Me sa he greatly disagrees with that philosophy. Me a his fears were reinforce when he recently received a copy of a letter s t by the City Manager to the Plie Companies which appeared Chairman B~rke slid that while an "end run" attempt may hay been made, that he had talked to he City Manager and it was his understanding th no deal had been at the Jo~ ~t city Council/Planning Commission Workshops to be dire ion that the should make its recommendations base n believes Planning commission Minutes June 28, 1995 RESOLUTION NO. 95-26A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYING CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 95-01, A REQUEST TO CONSTRUCT AN 8,166 SQUARE FOOT DAY CARE FACILITY WITHIN AN EXISTING SHOPPING CENTER IN THE NEIGHBORHOOD COMMERCIAL DESIGNATION, LOCATED ON THE EAST SIDE OF HAVEN AVENUE, NORTH OF HIGHLAND AVENUE - APN: 201-271-92 A. Recitals. 1. On June 28, 1995, the Planning Commission adopted Resolution No. 95-26, thereby approving, subject to specified conditions, Conditional Use Permit 95-01, which provides for the development of an 8,166 square foot day care facility within an existing shopping center on the east side of Haven Avenue north of Highland Avenue. 2. On August 8, 1995, a request was filed by Diversified Properties Company III to delete the conditions of approval requiring the payment of in lieu fees and other security for the future undergrounding of existing overhead utilities across adjacent property owned by Caltrans. 3. On September 13, 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said hearing on that date. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it s hereby found determined and resolved by the Planning Commission of the City of Rancho'Cucamonga as follo~;s: 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 headng on September 13, 1995, including wdtten and oral staff reports, together with public testimony, this Commission herebyspecifically finds as follows: a. Parcel Map 9416 and Conditional Use Permit 84-31 were approved in 1985, with conditions of approval which applied to the shopping center as a whole. b. Undergrounding of overhead utilities along the Haven Avenue frontage of the entire shopping center has been accomplished per the odginal conditions of approval. c. The Court has determined that the California Department of Transportation became the legal owner of Parcel 10 of Parcel Map 9416 on April 15, 1986. d. Planning Commission policy to extend utility undergrounding requirements across adjacent public rights-of-way was adopted in June of 1987. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraph I and 2 above, this Commission hereby finds and concludes as follows: PLANNING COMMISSION RESOLUTION NO. 95-26A CUP 95-01 - KENT September 13, 1995 Page 2 a. Undergrounding of overhead utilities adjacent to the shopping center as a whole (Conditional Use Permit 84-31 ) has been accomplished per Planning Commission policies in effect at the time of the odginal approval; and b. Additional development on parcels 1~9 of Parcel Map 9416 have no further responsibility for utility undergrounding on adjacent off site dghts-of-way. 4. Based on the findings and conclusions set forth in paragraph 1, 2, and 3 above, this Commission hereby modifies Resolution No. 95-26 by deleting Engineering Division conditions No. I and 2. Resolution. The Deputy Secretary to this Commission shall certify to the adoption of' this APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 1995. 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 13th day of September 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 13, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner VARIANCE 95-03 - GONZALES - A request to reduce the required parking spaces from 20 to 16 spaces, reduce the parking setback on Estacia Court from 25 to 15 feet, and reduce the side yard setback from 15 to 5 feet for proposed parking improvements on 0.4 acre of land in the Specialty Commercial Distdct (Subarea 3) of the Foothill Boulevard Specific Plan, located at the southwest comer of Archibald Avenue and Estacia Court -APN: 208-153-01 and 02. Related file: Development Review 95-15. BACKGROUND: The three Variances are a result of the proposed parking improvements needed to accommodate the conversion of a single family house for commercial use. ANALYSIS: Evaluation of the ProPosed Variances: To analyze the three Variances, staff reviewed the site plan and visited the site. Staff finds that the site consists of two legal lots. The dimensions of the two lots are 60 feet wide by 135 feet deep and 65 wide by 119 feet deep. The area in the back of the two buildings is unpaved and unimproved. There are no parking spaces on the site except an existing two-car garage. An Historic Landmark house and a commercial building exist right at the street frontage. All these conditions point to a severely constrained site with unique characteristics. However, the current codes require a parking setback of 25 feet from the ultimate curb along Estacia Court, and a side yard setback of 15 feet from the property line when next to an existing single family house. Strict application of these codes would limit the yield of parking spaces. By demolishing the garage, reducing the parking setback from 25 feet to 15 feet, and reducing the side yard setback from 15 feet to 5 feet, a total of 16 parking spaces can be provided. Although the number of parking spaces still falls short of the 20 required parking spaces by 4, it improves the existing condition. This on-site parking would make the use of the two buildings viable. Facts for Findings: To grant the three Variances, the Planning Commission must make all of the findings listed below: That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code and the Foothill Boulevard Specific Plan. PLANNING COMMISSION STAFF REPORT VAR 95-03 - GONZALES September 13, 1995 Page 2 Staff comment: The strict application of the 15-foot side yard and 25-foot parking setbacks, and the 20 required parking spaces would result in physical hardship because it would limit the yield of parking spaces in the back of the two buildings. The site is within an activity center named "Cucamonga Towne Center." The strict application of these standards would not be consistent with the objective of the Foothill Boulevard Specific Plan, which is to preserve and enhance the "Cucamonga Towne Center." That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. Staff comment: The site contains a City's Historic Landmark. The lots are small. There are no on-site parking spaces. The site is part of the City's heritage, which is the "Cucamonga Towne Center." All these conditions are unique and unusual. That the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Same ZOFle. Staff comment: The stdct application of the regulations as described above would deprive the applicant full use of the properties because it would significantly impact the historic structures and possibly the Histodc Landmarked house at 8068 Archibald Avenue. 4. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Staff comment: The approval of the Variance would not constitute a grant of special privilege because sites with similar conditions have been granted the same types of variances; for example: Variance 94-04 granted a reduction of side yard setback from 5 feet to zero feet and the reduction of required parking from 35 spaces to 25 spaces. That the granting of the Vadance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Staff comment: The granting of the three Variances will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Staff believes that there are facts to support the required findings for the three Variances and recommends approval to the Commission. Once the Commission approves the Variances, approval of the Development Review application would be in order. CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices have been sent to the property owners within 300 feet of the site. PLANNING COMMISSION STAFF REPORT VAR 95-03 - GONZALES September 13, 1995 Page 3 RECOMMENDATION: Staff recommends approval of Variance 95-03 through the adoption of the attached Resolution. City Planner BB:NF:mlg Attachments: Exhibit "A" Site Plan Resolution of Approval II RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO.95-03 TO REDUCE THE REQUIRED PARKING SPACES FROM 20 TO 16 SPACES, REDUCE THE PARKING SETBACK ON ESTACIA COURT FROM 25 TO 15 FEET, AND REDUCE THE SIDE YARD SETBACK FROM 15 TO 5 FEET FOR THE PROPOSED PARKING IMPROVEMENTS ON 0.4 ACRE OF LAND IN THE SPECIALTY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND ESTACIA COURT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-153-01 AND 02. A. Recitals. 1. Yong Cha Gonzales has filed an application for the issuance of Variance No. 95-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 13th day of September 1995, 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. 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 13, 1995, including written and oral staff reports, together with pub c testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southwest comer of Archibald Avenue and Estacia Court with a street frontage of 234 feet and lot depth of 119 feet and is presently improved with 1,500 square feet single family house and a 3,528 square feet commercial building; and b. The properties to the north, west and south are existing commercial buildings and single family residences and the property to the east is an existing commercial center; and c. The site is unique and unusual because it contains a City's Historic Landmark, consists of two lots with the dimensions of 65 feet by 135 feet and 64 feet by 119 feet, and has no on-site parking; and d. The strict application of the 15-foot side yard and 25-foot parking setbacks, and the 20 required parking spaces would result in physical hardship because it would limit the yield of parking spaces for the proposed improvements in the back of the two buildings; and e. The stdct application of the setbacks and parking codes would depdve the applicant full use of the properties because of the lack of on-site parking; and PLANNING COMMISSION RESOLUTION NO, VAR 95-03 - GONZALES September 13, 1995 Page 2 f. The approval of the Variance would not constitute a grant of special prMlege because sites with similar conditions have been granted the same types of variances. 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. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. c. That stdct or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 1995. 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 13th day of September 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DATE: TO: September 13, 1995 Chairman and Members of the Planning Commission CITY OF RANCHO CUCAMONGA STAFF REPORT FROM: Brad BulleL City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: DEVELOPMENT REVIEW 95-15 - GONZALES - The request to convert an existing historic landmarked residential structure for commercial use and provide parking improvements on 0.4 acre of land in the Specialty Commercial District (Subarea 3) of the Foothill Boulevard Specific Plan, located at the southwest comer of Archibald Avenue and Estacia Court - APN: 208-153-01 and 02. Related File: Variance 95-03. PROJECT AND SITE DESCRIPTION: Site Characteristics: The site contains three structures, a single family house, a detached two-car garage and a strip-commercial building. The rear yard area is unpaved. There are three mature trees along Estacia Court street frontage. Project Descrietion: The applicant proposes to convert the single family house for commercial use, It is a local histodc landmark known as the Nozenso-Smiderle house. The applicant proposes to demolish the existing garage structure and improve the yard area as a parking lot for the house and the commercial building south of it, Surrounding Land Use and Zoning: North, south, and west of the site are commercial buildings and single family houses, zoned Specialty Commercial District, Subarea 3 of the Foothill Boulevard Specific Plan, East of the site is a commercial center, zoned Community Commercial District, Subarea 3 of the Foothill Boulevard Specific Plan. ANALYSIS: General: The conversion of a house for commercial use requires a Development Review application. The applicant does not have a tenant for the building yet. There is an antique store in one of the three units in the commercial building south of the house. Backaround: The applicant originally submitted a Development Review application (DR 91-02) and a Vadance application (VAR 91-05) for the same proposed parking improvements and the conversion of the house for commercial use in March of 1991. The applications went through the review process but stopped short of being forwarded to the Planning Commission for action because of an unresolved public alley and drainage issues. The applicant was not able to obtain the rights to use the public alley for on-site improvements from all the adjacent property owners. The applicant submitted a new Development Review application on May 4, 1995, and went through the review process. The applicant later submitted a new Vadance application and documentation showing proof that they had obtained the rights of the public alley on August 16, 1995. PLANNING COMMISSION STAFF REPORT DR 95-15 - GONZALES September 13, 1995 Page 2 Histodc Preservation: The Historic Preservation Commission was informed of the proposed parking improvements and the demolition of the garage when they reviewed the Landrnark Designation application forthe Nozenso-Smidede house in April of 1991. On May 15, 1991, the house was landmarked but not the garage. Therefore, the proposed demolition of the garage and the parking improvements would not require a Landmark Alteration Permit. However, a condition is placed in the attached Resolution of Approval requidng a Landrnark Alteration Permit if the intedor improvements of the house cause changes to the building exterior. D. Desion Review Committee: On August 15, 1995, the Committee (Barker, Lumpp) reviewed the parking improvements and recommended approval. Parkina: The total floor area for the house (1,500 square feet) and the commercial building (3,528 square feet) is 5,028 square feet. The number of required parking spaces is 20. Because of site constraints only 16 spaces are provided. A related application for Commission consideration is Vadance 95-03. The staff report for that item addresses the reduction of parking spaces. Environmental Assessment: The proposed parking improvements, the demolition of the garage, and the conversion of the house to commercial use are categodcally exernpt according to Sections 15301, 15303, and 15305 of the California Environmental Quality Act. RECOMMENDATION: Staff recommends approval of Development Review 95-15 through 'the adoption of the attached Resolution of Approval. This is contingent upon approval of Variance 95-03. ~ner BB:NF:mig Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Resolution of Approval with Conditions City of Rancho Cucamonga SAN BI::I'<N/.~uINO 8068 ARCHIBALD AVE. i ""1 "':'~F TM '- -~-- APN # 208-1S3-01,-02 parcels Street Centlines 0 100 200 300 Feet FOCTHILL RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 95-15, A REQUEST TO CONVERT AN EXISTING HISTORIC LANDMARKED RESIDENTIAL STRUCTURE TO COMMERCIAL USE AND PROVIDE PARKING IMPROVEMENTS ON 0.4 ACRE OF LAND IN THE SPECIALTY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND ESTACIA COURT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-153-01 AND 02. A. Recitals, 1. Yong Cha Gonzales has filed an application for the approval of Development Review No. 95-15 as described in the title of this Resolution. Hereina~er in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 13th day of September 1995, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it s 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 meet ng on September 13, 1995, including wdtten and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located at the southwest comer of Archibald Avenue and Estacia Court with a street frontage of 234 feet and lot depth of 119 feet and is partially improved with a 1,500 square feet single family house and a 3,528 square feet commercial building; and b. The properties to the north, west and south are existing commercial buildings and ~ingle family residences and the property to the east is an existing commercial center; and c. The proposed conversion of the single family house to commercial use and the parking improvements are in keeping with the goals of the Cucamonga Towne Center identified in the Foothill Boulevard Specific Plan; and d. The proposed project together with the Variances meet all applicable provisions of the Development Code and Foothill Boulevard Specific Plan. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: PLANNING COMMISSION RESOLUTION NO. DR 95-15 - GONZALES September 13, 1995 Page 2 a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objectives of the Foothill Boulevard Specific Plan and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan; and d. That the proposed use, together with the condit ons applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. The proposed project is categorically exempt per Sections 15301, 15303, and 15305 of the California Environmental Quality Act. 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) The approval is for the demolition of the garage, the parking improvements and the conversion of the historic landmarked single family structure to retail use. 2) A Landmark Alteration Permit is required if interior improvements of the single family structure cause changes to the building exterior. 3) Signs forthe single family structure shall be sensitive to the history and complement the architecture of the building. 4) Light fixtures shall not exceed a maximum height of 15 feet measured from the finished surface of the ground. The design of the light fixtures shall complement the architecture of the single family structure. A minimum of 1-foot candle lighting shall be provided within all parking areas. Engineerina Division 1) An irrevocable offer of dedication for 53 feet across APN 208-153-01 and 02, as measured from the centedine, shall be made of the Archibald Avenue frontage and a lien agreement shall be provided to guarantee construction of the right-turn lane and other frontage improvements. 2) Full improvements across the Estacia Court frontage shall be constructed to current City Standards and the satisfaction of the City Engineer, including the curb return with a 35-foot radius and City Standard Handicapped Ramp. The improvements shall transition to the existing improvements to the west as determined necessary by the City Engineer. PLANNING COMMISSION RESOLUTION NO. DR 95-15 - GONZALES September 13, 1995 Page 3 3) Existing plants along the westerly property line within the City parkway shall be removed to allow for visibility at the proposed driveway. 4) A minimum 20-foot stacking distance shall be provided from the Estacia Court curb face to the near edge of the first on-site parking stall to accommodate Engineering Division concerns. 5) Considering the proposed drainage down the public alley, the following shall be required: a) Install 3-inch asphaltic concrete on 4 feet aggregate base within the public dedicated portion of the alley. b) A concrete swale shall be constructed within the public alley. c) Improvements in the alley within the Foothill Boulevard right-of- way will be subject to a Caltrans permit. Buildina & Safety Division 1) Applicant shall obtain a permit to demolish the garage prior to demolition. 2) Interior improvements shall require submittal for plan check for building permits. Interior improvements for the historic landmarked single family structure are subject to the Historic Building Code. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 1995. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretar~ 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 13th day of September 1995, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBJECT: Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION , (909) 989'1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. TIme LImits ~1. APProval shall exPire. unless extended bythe 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 ComplcdonOat¢ J / ,~/ / J / 4. The deveioPershall commence, participate in, andconsummate orcause tobe commenced, participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucarnonga Fire Protection Distdct to finance construction and/or maintenance of a fire station to serve the development. The station shall be ioceted, designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the District'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 shall comply with all applicable laws and regulations. The CFD shall 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, lhe applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facilities District for the constnjction 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 ccmus first. Further, if the affected school district has not formed a Mello-Roos Community Facilities District within twelve months from the date of approval of the project and prior to !he recor~lalion of the iinal map or issuance o1' building permits for said prOject, this condition shall be deemed null and void. .__/ / J / sc- 1o/~,4 This condition shall be waived if the City receives notice that the applicant and all affected ~chool districts have entered into an agreement to privately accommodate any and all school ~mpacts as a result of this project. Complenon D~te: 6. Prior to recordalton of the final map or prior to issuance of building permits when no map is involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve lhe 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 Jl. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and ,~-c~rr'./{-/L./..._ ~ . specific Plancarol 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. __/ / Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Prior to occupancy. plans shall be submitted to the Rancho Cucarnonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 2. Y5. Revised site plans and building elevations incorporating all Conditions of Approval shall be __/ / submitted for City Planner review and approval prior Io issuance of building permits. ~/ / All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency pdorto issuance of any permits (such as grading, tree removal, encroachment, building, etc.), or pdor to final map approval in Ihe case of a custom lot subdivision, or approved use has commenced. whichever comes first. Approval of this request shell 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. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and Sherifrs Department (989-6611) prior to Ihe issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent proparties. _.J / .Y9. Trash receptacle(s)are reguiredand shall meet City standards. The final design, locations, 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 transformere, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls. berming, and/or landscaping to the satisfaction of the City Planner. sc- ~o/~4 If no centralized Irash receptacJes are provided, all trash pick-up shall be for individual units ~ / with all receptacles shielded from public view. _._/ / 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 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 conjunction with street improvements. 14. Th? Covenants, Conditions and Restrictions (CC&Rs) shall not prohibit the keeping of equine ammals where zoning requirements forthe 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 beards of directors or homoowners' associations for amendments to the CC&RS. 15. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homoowners' Association are subjed 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 shall be provided to the City Engineer. 16. All perkways, open areas, and landscaping shall be permanently maintained by the prope fly owner, homeowners' association, or other means acceptable to the City. Proof ot this landscape maintenance shall be submitted for City Planner and City Engineer review and approval pdor to issuance of building permits. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unil 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 !he subdivision which shall be recorded concurrently with the recordation of the final map or ~ssuance 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 Aiteratldn Permit No, · Any further maditioatldns to the site including, but not limited to, extedor alterations and/or interior aiteralions which affect the exledor of the buildi egs or stmctures, removal of landmark trees, demolition, reiocation. reconstruction of buildings or structures, or changes to the site, shall require a modification Io the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design An alternative energy system is required to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other altemative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemenled 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. Ait dwellings shall have the from, side and rear elevations upgraded with architectural trea. tment. detailing and increased delineation of surface treatment subject to City Planner rewew and approval pdor to issuance of building permits. sc- ~0/94 Corn~letion Date: __/ / __/ / _U / .._J / .__/ / __/ / __/ / __J / .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. AII mof aPPurtenances, including airconditionersandotherroofmountedequipmentand/or projections, shall be shielded from view and the sound buffe red from adjacent pmpedies 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 building plans) P,oi,=cl _J / _J / 1. AII Parking iot 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 curb). _J / Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwe Ilings/units/bu lid ings with open spaces/ plazas/recreational uses. 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. The Covenants, Conditions and Restrictions shall restdct the storage of recreat ionat vehicles 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. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval pdorto issuance of building permits. E. Landscaping (for publicly maintained landscape areas, refer to Section N.) .,_/1..Adetailedlandscapeandirrigationplan .' ....... 'qllf' ~.,.L,.4:..~.....~..__~.:~ ~nl ;" °" ....... 'e,,ielan~8,1 oV..ck,~,,,,,. ~, shall be prepared by a licensed landscape amhitect and submitted for City Planner review and approval priorto the issuance of building permitsorj--F ..... , f~:a~cl :...11 ................... "~ Ln. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Mu nicipal Code Sect ion 19.08.110, and so noted o n the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all Of the ar'oorisrs recommendations regarding preservation, transplanting and tdmming methods. A minimum of trees per gross acre, comprised Of the foilowl ng sizes, shall be provided within the project: % - 48- inch box or larger, % - 36- inch box or larger, ~ % - 24- inch box or larger, % - 15-gallon, and __ % - 5 gallon. 4. A minimum of % 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 barking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. _J _J / _J / _J / _J ! _J / _J / _J / _J / sc - ]0/94 Trees shall be planted in areas of public view adjacent to and along structures at a rate of oneCompletion Date: tree per 30 linear feet of building. ~ / All private slope banks 5 feet or less in vertical height and of 5:1 orgreater slope, but less than 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 irrigation system to be installed by the developer prior to occupancy. AIIPrivate slopes inexcessof5feet, but lessthan8feet in vertical height andof2:l orgreater 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. of slope area, 1 -gallon or large r 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 vap/slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is sol0 and occupied by the buyer. Prior to releasing occupancy for these units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 10. For multi-family residential and non-residential development, property ownera are respen- 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 debds 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 Deveiopmant Cede and/or · This requirement shall be in addition to the required street trees and slope planting. 12. The final design of the pealmater 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 penkway landscaping plan which may be required by the Engineering Division. 13. ~pecial landscape features such as mounding, alluvial rock, specimen size trees, meander- ~ng sidewalks (with herizontal change), and intensified landscaping, is required along 14. Landscaping and in'igatlon systems required to be installed within the public right-of-way ~n the perimeter of this project area shall be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 16. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria 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 Xedscape as defined in Chapter 19.16 of the Rancho Cucamanga Municipal Code. __d / _J / __/ / J / __J / J / J / J / __/ / J / ___/ / sc - ~o/~4 F. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall re. quire separate application and approval by the Planning Division prior to installation of any .//~2.SIgRS' A Uniform Sign PrOgram for this development shall be submitted for City Planner review and approval prior 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 applioation and approval by the Planning Division pdor to issuance of building pen'nits. G. Environmental The developer shall provide each prospective buyer wdtten notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone forthe Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. The developer shall provide each prospective buyer written notice of the Foothill Freeway project in a standard format as determined by the City Planner, pdor to accepting a cash deposit on any property. 4..Afina~ac~usticalrep~rtsha~~pesubmittedf~rCityP~annerrevlewandapprova~pri~rt~the ~ssuance of building permits. The final report shall discuss the level of inferior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and it appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conforrnanoe with the mitigation measures contained in the final report. H. Other Agencies ./1. EmergencYseccndaryaccessshallbeprovldedinaccordancewithRanohoCucamongaFire Protection District Standards. Eme rgenoy access shall be provided, maintenance free and clear, a minimum of 26 feet wide at all times during construction in accordance with Rancho Cucamonga Fire Protection District requiromenls. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Rancho Cucamenga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. 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. Complctzon Date: __J / ~J / ~J / _J / _J / __J / __J / __1 / __1 / __/ / __/ / sc- X0/94 For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bemardino County Deportment of Environmental Health and submitted to the Building Official pdor 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 _/1. The applicant shall comply with the latest adopted Uniform Building Cede, Uniform Mechani- cal Code, Uniform Plumbing Cede, National Electric Cede, 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. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautificcaticn 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 shell 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 shall be provided by the Building Official, aftertract/parcel map recerdation 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 fad itios shall be removed, filled and/or capped to comply wilh the Uniform Plumping Cede 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 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. 2. A soils report shall be prepared by a qualified engineer licensed by the State of Calitomia to pedorm such work. The development is located within the soil erosion control boundaries; a Soil Disturbance Permit is required. Please contact San Bemardino County Department of Agriculture at (714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance of rough grading permit. Complcuon Dale: 5. Thefina~gradingp~anssha~lbecomp~etedandappr~vedpriort~issuance~fbui~dingpermits. sc- ~0/94 __/ / __._/ / ,__/_.__J ._/ / J.__/ /J J / / / __/ / _J / 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at ---/ / the time of applioatlon for grading plan check. __/ / 6. AS a custom-lit subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safety Division priorto 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 to issuance of grading and building permits. c. On-site drainage improvements, necessary for dewatedng 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 fliws 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 pivislon for approval prior to issuance of building and grading permits. (This may be on an ~ncremental or composite basis.) Compledon Date: _J / e. All slipe 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 mathod 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/develiper 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 dedicated to the City for all interior public streets, __J / community trailS, public peseos, 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 2and/or tentative map. · Dedication shall be made of the following rights-of-way on the pealmater streets --J / (measured from street centerline): ,.~-~ total feet on ,~TritFCftF total feet on total feet on total feet on 3. An irrevocable offer of dedication for for all private streets or ridyes. -foot wide roadway easement shall be made 4. Non-vehicular access shall be dedicated to the City for the following streets: 5. Reciprocal access easements shall be provided ensudng 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. ""°"' _J I _J I _J I 6. Privatedrainageeasementsforcross-lotdrainageshallbeprovided andshallbe delineated or noted on the final map. 7. The final maP shall clearly delineate a l 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 Cucamonga 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. A~~existingeasements~yingwithinfuturerights~~f-wayshal~bequitc~aimed~rde~ineated~n the final map. 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City wherever they encroach onto private property. 10. Additional street right-of-way shal be dedicated along right turn lanes, to provide a minimum 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 atsuchtimeaslheCityacquiresthepropertyinterestsrequiredfortheimprovements. 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 pertion of these costs shall be in the form ot 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, landscaped areas, etc.) shown on the plans and/or tentative map shall be consmjcted to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, ACpavement, drive 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 haft-section Streets. ,,/3. Construct the following perimeter street improvements including, but not limited STREET NAME CURB& A.C. SDE- DRIVE S111EET STREET GIJ1TER PVMT WALK APPR. LIGHTS TREES CQMM iMEDIAN BIK~ TRAIL ISLAND TRAIL Project :';o: E:~ q~lff Completion Date: J / __J / / / / __J / to: __/ OTHER sc-~o/94 Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If 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. /~,~. Improvement plans and construction: 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 Attomey guaranteeing completion of lhe public and/or private street improve- ments, prior to final map approval or the issuance of puiiding permits, whichever occurs first. Pdor 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. __/ / _J / Pavement striping, marking, traffic, street name signing, and interconnect conduit _J / shall be installed to the satisfaction of the City Engineer. SignalconduitwithPullbexesshallbeinstalledonanynewconstructionorreconstruction _j / 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 beth sides of the street at 3 feet outside of BC R, EC R o r any other locations approved by the City Engineer. Notes: _j / (1) All pull boxes shall be No. 6 unless othenNise 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 comerS of interSections per City Standards or as directed by the City Engineer. Existing City.roads mquidng 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 Io cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be insta led 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 priorto submittal for firSt plan check. 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 pedormed on the pd- 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. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. _J / _J / _J / _J / _J / _J / _J / sc- ~0/94 7. Intersection line of site designs shall be reviewed by the City Engineer lor conformance with adopted policy. a. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Walls, signs, and slopes shall be located outside the lines of sight. Landscaping and other obstructions within lhe 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 street trees on each side away from the street and placed in a street tree easement. Completion Date: __/ / __/ / ~ / 8. A permit shall be obtained from CALTRANS for any work within the following right-of-way: ._J / 9. All public improvements on the following streets shall be operationally complete pdor to the ---J / issuance of building permits: N. Public Maintenance Areas 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: ~ / 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer pdor to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. ,_/ / 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautffication Master Plan: 3. AIIrequiredpubliclandscapingandirdgationsystems shallbecontinuouslymaintainedbythe _..J / developer until accepted by the City. .__/ / O. Drainage and Flood Control 1. The project (or portions thereof) is bcated within a Flood Hazard Zone; therefore, flood --J / 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 developers engineer shall prepare all necessary reports, plans, and hydrologic/hydraulio 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, 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 of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. _J / 4. A permit from the County Flood Control District is required for work within its right-of-way. 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. 6. Public storm drain easemenls shall 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, gas, electric power, telephone, and Cable 'IV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2.The developor shall be responsible for the relocation of 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 Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required pdor to final map approval or issuance of permits, whichever occurs first, Cornpledon D~le: ~/ / __/ / __/ / Q. General Requirements and Approvals 1.Theseparateparcelscontainedwithin theprojectbeundadesshallbelegallycombined into ~t / 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 -.J / 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. EtiwandaJSan 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: ~f / 6. A signed consent and waiver form to join and/or form the Law Enforcement Community Fadlities District 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 berne by the Developer. 7. Prior to finalizaticn of any development phase, suffident improvement plans shall be com- pleted beyond the phase beu ndades 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. it APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 987-6405, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Mello Rcos Community Facilities District requirements shall apply to this project. sc- IO/94 2. Fire flow requirement shall be 'q2 L~ 0 C, gallons per minute. A previous fire flow, conducted gpm available at 20 psi. revealed A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. C. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. Z3, Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed ----/.--~/ and operable priorto delivery of any combustible building materials on site (i .e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. .~/~-4.Existingfirehydrant~catlonssha~bepr~vldedprlort~waterp~anappr~va~Requiredhydrants~ /_.__/ it any, will be determined by this department. Fire District standards require a 6" riser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for speciticatlons on approved brands and model numbers. 5. Prior to the issuance of building permits for combustible construction,evidence shall be _.J.__J submittedt~theFireDistdctthattemperarywatersupp~yf~rfirepr~tectlonisavai~able~pending completion of required fire protection system. 7. An automatic fire extinguishing system(s) will be required as noted below: 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to --J.--/ final inspection. ._J / Per Rancho Cucamonga Fire Protection District Ordinance 15. Other Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacudng. spray painting, flammable liquids storage, high piled stock, etc. Contact Fire Safely Division to determine if sprinkler system is adequate for proposed operations. 8. Sprinkler system manitodng shall be installed and operational immediately upon completion ---J / of sprinkler system. J / 9. A fire alarm system(s) shall be required as noted below: Per Rancho Cucamonga Fire Protection District Ordinance 15. Calitomia Code Regulations '13tle 24. NFPA 101. Other  _10. Roadways within project shall comply with the Fire Distdct's fire lane standards, as noted: All madways. sc- lo/94 __J / 11. Fire department access shall be amended to facilitate emergency apparatus. --J / t 2. Emergency secondary access shall be provided in accordance with Fire District standards. __-/ / f 3. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide ___/ / at all times during construction in accordance with Fire District requirements. 14. All trees planted in any median shall be kept trimmed a minimum of 14'6" from ground up so __J / as not to impede fire apparatus. 15, A building directory shall be required, as noted below: ---/ / Lighted director within 20 feet of main entrance(s). Standard Directory in main lobby. Other __16. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall--J / be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. 17. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire __/.__/ Safety Division for specific details and ordering information. 18. A tenant use letter shall be submitted prior to final building plan approval. 19. Plan check fees in the amount of $ have been paid. __/ / An additional $ shall be paid: Prior to water plan approval. Prior to final plan approval. Note: Separate plan check fees for fire protection system (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 20. Special bermlts may be required. depending on intended use, as noted below: __/ / A. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgemont of the Fire Chief is likely to produce conditions hazardous to life or properly. B. Storage of readily combustible material. C. Places of assembly (except churches, schools and other non-profit organizations) D. Bowling alley and pin refinishing. E. Cellulose Nitrate plastic (Pyroxylin). F. Combustible fibers storage and handling exceeding 100 cubic feet. G. Garages Motor vehicle repair (H-4) H. Lumber yards (over 100,000 beard feet). sc- ~o/94 __ I. Tire rebuilding plants. J. Auto wrecking yards, Junk or waste material handling plants. K. Flammable finishes. Spraying or dipping operations, spray booths, dip tanIs, electrostatic apparatus, automobile undercoating, powder coating and organic per6xides and dual com- ponent coalings (per spray booth). L. Magnesium (more tha 10 pounds per day). M, Oil burning equipment operations. N. Ovens (industrial baking and drying). O. Mechanical refrigeration (over 20 pounts of refrigemnt). P. Compressed gases (store, handle or use exceeding 100 cubic feet). Q. Cryogenic fluids (storage, handling or use). R. Dust-producing processes and equipment. S. Flamrnable and combustible liquids (storage, handling or use). T. High piled combustible stock. U. Lk:luified petroleum gas (store, handle, transport or use more than 120 gallons). V. Matches (more than 60 Malchman's gross). W. Welding and cutting operations: to conduct welding and/or cutting operations in any occupancy. CITY PLANNER HEARING SUMNIARY SEPTEMBER 1994 THROUGH AUGUST 1995 23 APPROVED PROJECTS 5 4 2 2 1 2 1 1 1 1 1 1 1 23 Establishment or expansion of church sites Establishment of offices in Subarea 11 oflSP Establishment of manufacturing businesses in Subarea 8 oflSP (1 furniture & 1 flour) Establishment of schools in Subarea 3 oflSP (1 college & 1 martial arts) Establishment of health spa Expansion of arcade devices (Sam's Place) Permit for indoor batting cage Permit for ice or roller rink and practice rink Maintenance facility for School District Location of a mobile home as a caretaker's residence for contractor's storage yard Permit for sale of distilled spirits in convenience market Permission to keep 500 exotic birds in residence in Low-Medium District Establishment of City playschool program at a church facility 1 PROJECT APPROVED AND APPEALED TO PLANNING COMMISSION (APPEAL DENIED) (Included in 23 approved project total above) 1 Establishment of City playschool program at a church facility 2 PROJECTS DENIED: 1 Establishment of indoor ice skating rink in Subarea 10 oflSP 1 Establishment of dog kennel for 6 dogs in Very Low Residential District 1 PROJECT WITHDRAWN BY APPLICANT 1 Request to allow medical office in existing Industrial Park in Subarea 7 oflSP 2 PROJECTS PENDING (CONTINUED AT REOUEST OF APPLICANTS) 1 1 Establishment of private school at a church in Subarea 3 oflSP Addition of 17 coin-operated games in existing arcade within children' s recreation facility I~?lilvl D CITY PLANNER HEARING LOG SEPTEMBER 1994 THROUGH AUGUST 1995 23 PROJECTS APPROVED CONDITIONAL USE PERMIT 94-33 - WATER OF LIFE CHURCH - A request to expand an existing church facility within a leased building from approximately 9,000 square feet to approximately 14,000 square feet in the Office Professional District of the Tetra Vista Community Plan, located at 10601 Church Street, Suites 109 and 118 through 124. CONDITIONAl, USE PERMIT 94-35 -NEW HOPJi COMMUNITY CHURCH '- A request to establish a church within a leased building of 9,426 square feet within the Cucamonga Business Park within the General Industrial District (Subarea 3) of the Industrial Specific Plan, located at 9507 Arrow Highway. CONDITIONAL USE PERYVITY 94-37 - RANCHO CHRISTIAN CENTER - A request to establish a church within a leased space of 14,610 square feet in the General Industrial District (Subarea 4), to be located at 9477 Archibald. CONDITIONAL USE PERMIT 94-06 - NEW LIFE FELLOWSHIP - A request to establish a religious assembly use in a leased space of 800 square feet in 8439 White Oak, Suites 101 and 102, within the Arrow Business Center in the Industrial Park District (Subarea 7) of the Industrial .Area Specific Plan. CONDITIONAl. USE PERMIT 95-08 - NEW LIFE COMMIYNITY CHURCH - A request to establish a 4,459 square foot church facility in a leased space of an existing multi-tenant business park located in the General Industrial District (Subarea 3) in the Industrial Specific Plan, located at 11768 Helms Avenue, Suite B. CONDITIONAL USE PERMIT 94-29 - PRIMEPICA FINANCIAL SERVICES - A request to establish a financial services office in a leased space of approximately 2,362 square feet in an existing building at 9229 Utica Avenue, Unit #140 in Subarea 11 General Industrial of the Industrial ,Area Specific Plan. CONDITIONAL USE PERMIT 94-36 - RYKOFF-SEXTON, INC. - A request to establish an office and administrative training center in a leased space of 4,305 square feet in an existing building at 9269 Utica Avenue, Suite 100, in the General Industrial District (Subarea 11) of the Industrial ,~ea Specific Plan. CONDITIONAL USE PERMIT 95-09 - BOLINGER - A request to establish an office use in a leased space of 814 square feet in the existing building at 9269 Utica Avenue, Suite 123, in the General Industrial District (Subarea 11) of the Industrial Area Specific Plan. CONDITIONAL USE PERMIT 95-10 ~ EPI ESTATE PLANS. INC. - A request to establish a financial service office in a leased space of approximately 3,250 square feet in an existing building at 9259 Utica Avenue, Suite 100, in the General Industrial District (Subarea 11) of the Industrial Area Specific Plan. CONDITIONAL USE PERMIT 94-I 7 - CAMEO FURNITURE MFG. - A request to establish a fumiture manufacturing business in a leased space of 27,400 square feet within an existing Industrial Park on 1.79 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, located at 12067 Arrow Route. CONDITIONAL USE PERMIT 95-19 - FISHER MILLS. INC. A request to establish a flour manufacturing plant in an existing industrial building with a leased space of 67,000 square feet located at 11167 White Birch Drive, in the General Industrial District, Subarea 8 of the Industrial Area Specific Plan. CONDITIONAL USE PERMIT 94-34 - PLATT COLLEGE - A request to establish a private college in a leased space of approximately 12,960 square feet in an existing industrial building in the General Industrial District (Subarea 3), located at 9521 Business Center Drive. CONDITIONAL USE PERMIT 95-12 - CHRIS PELLITTERI - A request to establish a private martial arts school in a leased space of approximately 1,760 square feet of an existing multi-tenant industrial building in the General Industrial District (Subarea 3, Industrial Area Specific Plan), located at 8718 Helms Avenue. CONDITIONAL USE PERMIT 94-27 - CLIFFORD & PATRICIA JOHNSON - A request to · establish a health spa with ancillary massage services in a leased space of approximately 3,168 square feet at 9135 Archibald Avenue, Suites "B" & "C", under the recreational facilities provisions of the Industrial Area Specific Plan, Subarea 4. CONDITIONAL USE PERMIT 93-47 MODIFICATION - SAM'S PUB & GRILL - A request to add 10 amusement devices to an existing arcade in conjunction with a restaurant, located at 6620 Carnelian in the Neighborhood Commercial District. CONDITIONAl, USE PERMIT 95-07 - SAM'S PLACE - A request to expand an amusement and billlard arcade, in conjunction with a restaurant, by adding 1,500 square feet of floor area, located at 6620 Carnelian Street, in the Neighborhood Commercial District. CONDITIONAL USE PERMIT 94-42 - MASI PARTNERS - A request to permit an indoor batting cage in 12, 100. square feet in Building 26 of previously approved Conditional Use Permit 91-24, located on 27 acres at the southwest comer of Foothill Boulevard and Rochester Avenue in the Industrial Park District (Subarea 7) of the Industrial Area Specific Plan. CONDITIONAL USE PERMIT 94-12 - KAUFIVIAN - A request for an additional ice or roller rink and a practice rink, for a previously approved indoor roller hockey rink, in a leased space orS0,000 square feet within an existing industrial park on 13.8 acres of land, in the General Industrial District (Subarea 11) of the Industrial Area Specific Plan, located at 11530 Sixth Street. CONDITIONAL USE PERMIT 95-14 - ALTA LOMA SCHOOL DISTRICT - A request to utilize 10,000 square feet of space within the former American Can building for maintenance facilities, in the General Commercial district, located at 7125 Amethyst Avenue. CONDITIONAL USE PERMIT 95-05 - J. F. SHEA CO., INC. - A request to locate a mobile home as a caretaker's residence for a general contractor's storage yard on .69 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, located at 13208 Whittram. 2 CONDITIONAL USE PERMIT 95-02 - DHILLON - Request for sale of distilled spirits in addition to off-site sale of beer and wine within an existing convenience market located in the Neighborhood Convenience Zone at the southwest corner &Lemon Street and Haven Avenue. CONDITIONAL USE PERMIT 94-32 - STEVE DUNCAN - A request to keep a collection of 500 exotic birds at a residence in the Low-Medium district of the Etiwanda Specific Plan, located at 7491 Etiwanda Avenue, subject to Section 17.08.303 of the Rancho Cucamonga Development Code. 1 PROJECTAPPROVED AND APPEALED TO PLANNING COMMISSION (APPEAL DENIED) (Included in 23 approved project total above) CONDITIONAI. USE PERMIT 95-21 - CITY OF RANCHO CUCAMONGA - A request to operate a playschool program for approximately 150 preschool children within the existing classrooxns of Hillside Community Church, in the Very Low Residential District (less than 2 dwelling units per acre), located at 5354 Haven Avenue. 2 PROJECTS DENIED: CONDITIONAL USE PERMIT 94-38 - ICE TOWN - A request to establish an indoor ice skating rink in a leased space of approximately 38,848 square feet in an existing building at 9047 Bridgeport, in the General Industrial District (Subarea 10) of the Industrial Area Specific Plan. CONDITIONAL USE PERMIT 94-31 - WATERS - A request to keep and breed six Bouvier Des Handers dogs on a 0.5 acre parcel in the Very Low Residential District (less than two dwelling -nits per acre) located at 10464 Almond Street. 1 PROJECT WITHDRAWN BY APPLICANT CONDITIONAL USE PERMIT 94-27 - WRIGHT - A request to allow a medical office within a lease space &approximately 1,120 square feet in an existing Industrial Park on 9.2 acres of land in the Industrial Specific Plan, Subarea 7, located at 11010 Arrow Route, Suite 103. 2 PROJECTS PENDING (CONTINUED AT REQUEST OF APPLICANTS) MODFICATION TO CONDITIONAl, USE PERMIT 92-21 - CALVARY CHAPEL - A request to establish a private school in conjunction with an existing church facility in the General Industrial designation (Subarea 3) of the Industrial Area Specific Plan, located at the northwest comer of Archibald Avenue and 9th Street. MODIFICATION TO CONDITIONAL USE PERMIT 94-05 - DISCOVERY ZONE - A request to add 17 coin-operated games in an existing arcade within a children's indoor recreation facility, in the Community Commercial District of the Terra Vista Community Plan, located at the northeast comer of Foothill Boulevard and Haven Avenue.