HomeMy WebLinkAbout2020-01-22 Supplementals - PC-HPC (1) Northeast Corner of Sapphire Street
and Brittany Lane
D RC2019 -00502
January 22, 2020
CITY OF RANCHO CUCAMONGA
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Project Background
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• Who : Candyce Burnett (applicant), Guy Alexander
with GCA Land ( property owner);
• What : 6 new single-family residences;
• Where : APN#'s 1061-691-22 through 27;
• When : Neighborhood meeting held on November
211 2019, and the Design Review Committee
reviewed the project on November 20, 2019 .
Project Background
Additional Background :
• SUBTT18961 approved by Commission January 28,
2015 for 7 lot subdivision, including Lot 1 ( existing
residence) and 6 vacant lots (subject of current
application );
• SUBTT18961 was reviewed by the Trails Advisory
Committee on October 8, 2014 at which point the
TAC recommended approval ;
• Final Map recorded on October 22, 2018 .
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PROPOSED DEVELOPMENT OF'4E TRAILS AT
RANCHO CUCAMONGA 6 SING FAMILY HOMES
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Proposed Project
• Development Review required to allow
construction of more than 5 new single family
residences;
• New residences range in size from 3, 610 square
feet to 4,058 plus garages, porches and California
rooms;
• Four residences proposed to be single-story ( Lots
2, 3, 5 and 7 ), and two two-story ( Lots 4 and 6) .
CITY OF RANCHO CUCAMONGA
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Development Standards
Development Standard Height Lot Coverage Complies?
Requirements Max. 35 feet Max. 25%
Lot 1 Existing Home; Not a Part of Project Site
Lot 2 17 feet 21% YES
Lot 3 17 feet 21% YES
Lot 4 29 feet 13% YES
Lot 5 17 feet 17% YES
Lot 6 29 feet 12% YES
Lot 7 17 feet 19% YES
Setbacks Required (Min.) Provided Complies?
Front Yard Setback 42 feet 42 feet YES
Street Side Yard 27 feet 27 feet YES
Setback*
Interior Side Yard 10 feet 10 feet YES
Setback
2nd Interior Side Yard 15 feet 15 feet YES
Setback—
Rear Yard Setback 60 feet 60 feet YES
CITY OF • CUCAMONGA
Architectural Design
• Project proposes each residence to include various
design themes ( Farmhouse, Tuscan, Transitional,
etc. ), and variety of materials, including stucco,
brick, stacked-stone, board and batten, etc. ;
• Residences carefully oriented on-site so as to
provide varied elevations throughout development j
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Interdepartmental Review
• The Planning, Engineering and Building
Departments have reviewed the project and have
provided comments which are included as
conditions of approval .
• Staff notes discrepancy between recorded Final
Map and conditions of approval
Final Map and Trail Discrepancy
• During review of subject project, staff discovered a
discrepancy between the recorded Final Map and
conditions of approval for SUBTT18961;
• Notably, condition # 10 of SUBTT18961 required
community trail standards ( 20 feet wide), whereas
the recorded Final Map can only accommodate
Local Feeder Trail standards ( 15 feet wide);
• New condition of approval supersedes condition
#10 of SUBTT18961 requiring trail be built to Local
Feeder Trail standards pursuant to Final Map .
Environmental Review
• A Rapid Environmental Constraints Analysis ( RECA)
was prepared ( 2014) and determined that property
has no value habitat for endangered species;
• Categorical Exemption, Class 32 - Infill
Noticing
• Notices mailed to all property owners within 660
feet ( 111 property owners) and published in the
Inland Valley Daily Bulletin .
• Staff received two inquiries : One neighbor is
concerned over the removal of trees and
construction of fencing, ( Exhibit Q; another
neighbor is concerned about grading/drainage . All
improvements associated with project are pursuant
to Final Map which was approved in 2015 .
Recommendation
• Staff recommends approval of DRC2019-00502
through the adoption of the subject resolution and
Conditions of Approval .
Vineyard Avenue north of 81" St .
DRC2018-00430
January 22 , 2020
Project Background
• Who : Richard Collins (Applicant), with RC Store
Maintenance, Serge Bonaldo ( Engineer);
• What : 25, 399 square foot industrial warehouse;
• Where : Three vacant lots on east side of Vineyard
Avenue, north of 8t" Street;
• When : Two neighborhood meetings were held on
September 11 and December 17, 2019 and project
was reviewed by the Design Review Committee on
November 20, 2019 .
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Proposed Project
• Development Review to allow new construction on
vacant property over 10, 000 square feet in size;
• Project proposes new 25, 399 square foot building
to include 15 .430 square feet of warehousing space
and 9, 969 square feet of office space .
Development Standards
Development Required Proposed Complies?
Standard
Max. 35 feet (at front setback) 37 feet (at 2
Building Height 75 feet (1 foot increment from feet from YES
the setback line) setback line)
Floor Area Ratio 50-60% 50 % YES
(FAR)
Front Setback Min. 35 feet 35 feet YES
(Vineyard Avenue)
Interior Side Yard Min. 5 feet 51 feet (north) YES
Setback 58 feet (south)
Rear Yard Setback Min. 0 feet 83 feet YES
Parking Setback Min. 20 feet (Vineyard Avenue) 20 feet YES
CITY OF • CUCAMONGA
Architectural Design
• The project provides articulation and a variety of
materials including tilt-up concrete, metal, and
glass;
• Facade along Vineyard Avenue provides the
appearance of an office building through the use of
varied material .
CITY OF RANCHO CUCAMONGA
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NEW OFFICE/WAREHOUSE BUILDING FOR
RC STORE MAINTENANCE
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Interdepartmental Review
• The Planning, Building and Engineering
Departments have reviewed the project and have
provided comments which are included as
conditions of approval .
CITY OF RANCHO CUCAMONGA
Environmental Review
• Various studies were conducted including a Phase
CEQA Study, Air Quality Impact Analysis, Noise
Impact Analysis, Water Quality Management Plan;
• Traffic reviewed by City Traffic Engineer and
determined not to be significant;
• Categorical Exemption, Class 32 — Infill
Development.
Noticing
• Notices mailed to all property owners within 660
feet ( 131 property owners) and published in the
Inland Valley Daily Bulletin ;
• To date, staff has received no inquiries in response
to the notices .
CITY OF RANCHO CUCAMONGA
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Revised Condition of Approval
• Engineering Services Condition #2 is recommended
to be changed as follows :
"A City 66" Master Plan Storm Drain facility ( Line 32-A) will later be
installed along the southerly portion of the property, from the centerline
of Vineyard to the Flood Control Channel. A 25' public drainage easement
is required along with a temporary adjacent 25' temporary construction
easement. Standard drainage fees for the site shall be paid prior to
issuance of a building permit, in accordance with City policy. Line 32-A will
be constructed with development to the west of this property."
Recommendation
• Staff recommends approval of DRC2018-00430
through the adoption of the subject resolution and
Conditions of Approval .
ADU Code Amendments
1/22/20
State Updates to ADU Legislation
• AB881 & AB68
• Development Standards
• Use Restrictions ''
• Impact Fees
• SB13
• Violation enforcement reliefGULATiONS
• AB 587
• Permits sale of deed restricted affordable ADU's
• AB 670
• Restricts HOA's from prohibiting ADU's/JADU's
State Updates to ADU Legislation
• Purpose
• Make the construction of ADU's
easier
• Increase housing opportunities
• Low- to Moderate-Income
households
• Benefits
• Counts toward housing units n _
required under RHNA
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A D U 's and J A D U 's
• ADU
• Attached or detached units
• Independent living
• Provisions for living, sleeping, eating, cooking and
sanitation
• Maximum 1,200 square feet
• JADU
• Attached unit, part of existing SF home
• Provisions for living, sleeping, eating, cooking
• Common sanitation is allowed
• Maximum 500 square feet
Typesof ADUs
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Current ADU Ordinance New ADU Ordinance
Minimum Lot Size 5,000SF No Minimum
Maximum ADU
Size 50% attached, 1200 SF detached 50% attached, 1200 SF detached
JADU Permitted No Yes
#of ADU/JADU on
lot only 1 (ADU) per lot 1 ADU and 1 JADU per lot
Bedrooms Maximum 2 Maximum 2
Parking One off street space No Parking Required
Permitted, off street parking
Garage Conversion required Permitted, No replacement parking
ADU exempt from lot coverage in
Lot Coverage jAppliestoADU specifc circumstances
Permitted if over 30 consecutive Permitted if over 30 consecutive
Rental days days
Owner/Occupant Currently suspended by State Law
Requirement Yes until2025
Setbacks 5 feet in rear yard setback 4 feet in rear yard setback
Approval Process Plan Check/120days Plan Check/60days
Recommendation
• Adopt Resolution 20-08 recommending to the City
Council adopt Municipal Code Amendment
( DRC2020-00007 ) for the development of ADU's
within the City, consistent with State Law
CITY OF RANCHO CUCAMONGA
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Homecoming at The Resort
S U BTT20118; D RC2020-00004
Development of 867 Apartments and
Commercial Space Located in the
Empire Lakes Specific Plan
January 22 , 2020
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OF RANCHO CUCAMONGA
Project Scope
• Who :
• Empire Lakes Holding Company, LLC ( Lewis Management
Group)
• What:
• Subdivide 39 .68 acres into 8 numbered lots;
• Construction of 867 apartments;
• Construction of 10,000 square feet of commercial space
• Where :
• South of 6t" Street; West of The Resort Parkway
• Former Empire Lakes Golf Course
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Specific Plan Vision and Project Background
• Walkable mixed-use community,
• Incorporate combination of high-density homes, commercial
services, recreation amenities;
• Economic Development strategy,
• Pre-Application workshop — August 14, 2019;
• Design Review Committee — December 3, 2019
RANCHOCITY OF
Project Proposal
• 867 apartments -7 t-;
• 10,000 square feet of ,
commercial
• 17,600 square-foot clubhouse
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• Recreation areas, common _
space gathering areas
CITY OF RANCHO CUCAMONGA
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Project Proposal : Apartments
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• 867 units, 22 DU/AC17
Units per f
Building Type Stories Architectural Themes
Building _ 4 �.• _ -
Paired Homes 2 2 Contemporary, Spanish
Linear Townhomes 7 3 Contemporary, Main Street
6-Plex Stacked Flats 6 2 Spanish,European Heritage
10-Flex Stacked Flats 30 3 Contemporary,Spanish �,, \, t
21-Plex Stacked Flatr4CLOwE
21 3 Contemporary, Industrial
/Work, 1Live/Work Buildings 3 Contemporarymercial ;
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• Five commercial spaces per
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• 10,000 square feet total EE
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Project Proposal
Open Space, Recreation -,
• 386,381 square feet of private and
common open space 's
• 17,600 square-foot clubhouse, ylift
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• "Bistro Garden" area; lei
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• "Public Activity" area;
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• Dog park area;
• "Urban Plaza" area;
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• Variety of paseos and green areas ba
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CITY OF RANCHO CUCAMONGA
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Clubhouse and Leasing office
• Contemporary architecture
• Variety of amenities for residents - r_
• 17,600 square feet
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• Two driveways from Resort Parkwayy J J
• Two driveways from 6t" Street Y J
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• Pedestrian paseo connections to IEHP
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• Parking requirements met
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Number of Parking Parking Spaces - T
Unit Type Units; Square
Requirement Required
Footage
1 Bedroom 438 units 1.5 s aces/unit* 657 438 covered
2 Bedroom 374 units 2 s aces/unit* 748 374 covered r J __ y
3 Bedroom 55 units 2 s aces/unit** 110 110 covered . ° J !..
Guest N/ ti
1 per 3 units 289 r s '
Commercial 5,000 . ft. 4per 1000 s . ft. 20
TOTAL SPACES REQUIRED 1824 922 covered r y'
TOTAL SPACES PROVIDED 1824 1056 covered
SURPLUS 0 ,
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CITY OF RANCHO CUCAMONGA
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Overall Project Analysis
• Street and Network Connections
• Building Plotting
• Architecture and Floor Plans
• Parking
• Healthy Development Checklist
• Conditions of Approval
Recommendation
• Adopt Resolution 20-06 for Tentative Tract Map SUBTT20118
• Allowing 39.68 acres of vacant land to be subdivided into 8 numbered lots
• Adopt Resolution 20-05 for Design Review DRC2019-00674
• Allowing the construction of 867 apartments and 10,000 square feet of
commercial space within the Empire Lakes Specific Plan, Planning Area 1
Municipal Code Amendment
DRC2020-00004
Modification to Hillside Development Standards
for Portions of the Red Hill Community
January 22 , 2020
Project Scope
• Who : City of Rancho Cucamonga
• What : A city-initiated request to modify the
development standards applicable to single-family
residential development within the Red Hill
community
• Where : Tract 10035, generally located along the
north and south side of Camino Predera
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Project Background
• Concerns with development of vacant properties from Red Hill residents
• City Council direction to review Hillside Development Standards
• Focus of review limited to Red Hill, excluded other communities within Hillside Overlay
• Two community workshops held - August 8, 2019; September 9, 2019
• Attendance from Red Hill residents and property owners of vacant lots
• Focus of review further defined, applicable to Camino Predera only
• Feedback from residents, property owners received — draft standards refined.
CITY OF RANCHO CUCAMONGA
Current Development Standards
Red Hill Community regulated by Low (L) Residential Zone and Hillside Overlay
Development Standard Minimum Requirement
Front Yard Setback 37 feet
Side Yard Setbacks 5 and 10 feet
Rear Yard Setback 20 feet
Lot Coverage 40 percent
Building Height Overall 30 feet
Retaining Wall Height 4 feet max
Cut/Fill* 5 feet
*Grading in Excess of 5 feet Requires Planning Commission Approval
CITY OF RANCHO CUCAMONGA
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Proposed Development Standards
Technical Standards for Camino Predera
Special Technical Standards for Development on Camino Predera
Technical Standard Maximum Minimum i How the Dimension is Measured
Building Height
South side of Camino Predera 14 feet 6 feet Measured vertically from the top of curb at the street, in front of the midpoint of the front property line of the
subject lot,to the highest point on the roof(or other feature such as a deck)
North side of Camino Predera 25 feet n/a Measured vertically from the finished grade surface of the lot to the highest point on the roof or other feature such
as a deck
Building Setbacks
•.oc.- None 37 feet Measured from the face of curb at the street to the closest building wall plane on the front elevation
(+/-5 feet)
Rear None 20feet Measured from the rear property line to the closest building wall plane on the rear elevation
sde None 10/15 feet Side property lines from the side elevations
Measured from the closest building wall plane of any structure to the closest buiding
Building Separation None 20 all plane on an adjacent lot
Excavation 8 feet I n/a Measured from the existing grade of the lot(Planning Commission review is not required)
Wall Height
Screen(Freestanding) 6 feet F None Measured from finished grade;maximum height within the front setback is 3 feet
Retaining(exposed) 8 feet None Measured from finished grade(a Minor Exception is not required); maximum height for new fill is 4 feet
Proposed Development Standards
Design Standards for Camino Predera
Special Design Standards for Development on Camino Predera
Design/Architectural Element Standard
Roof
Roof Line Orientation he horizontal ridgeline(s)of the roof(on any structure)shall be aligned perpendicular to the street.
Where this is not possible,the maximum length of any horizontal ridgeline that is parallel to the street shall be limited to 20 feet in length.
Roof Design Flat roof designs are permitted
Garage
Garage Doors Garage doors on the front(street-facing elevation)of a proposed house shall be restricted to one 2-car garage door or two 1-car garage doors.
Garage Dimensions Garages with doors on the front elevation(street-facing elevation)shall have a maximum width of 20feet(interior dimension)
Tandem parking spaces are permitted
Garage Plotting The front elevation(street-facing side)of the garage shall be a minimum of 5 feet behind the primary building elevation,with a 30-foot setback
Garage Layout Tandem parking spaces are permitted
Project Intention
• Focus on minimizing massing
• More flexibility, consideration of site conditions (topography, slopes)
• Accommodate a reasonable development pattern
• Facilitate good design principles
• Streamline review process
Conceptual Streetscape Design
CITY OF RANCHO CUCAMONGA
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Conceptual Streetscape •
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View looking west on Camino Predera,
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Typical Section along Camino Predera
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Noticing and Correspondence
• Advertised as a public hearing with a large 1/8th
page legal advertisement in the Inland Valley Daily
Bulletin newspaper.
• Notices mailed to residents of Red Hill Community
• Written correspondence received
• Phone call inquiries received
Recommendation
Adopt Resolution 20-07 recommending the City Council
approve Municipal Code Amendment DRC2020-00004
amending the Hillside Development standards outlined in
Section 17. 122 .020 of the Municipal Code with the addition of
standards and guidelines for parcels located on Camino
Predera in the Red Hill neighborhood in the City of Rancho
Cucamonga (Tract 10035 ) .
January 22, 2020
Good Evening Commissioners and City Staff,
My name is Renee Massey. My husband Lynn and I have lived on Camino Predera since 1996 and bought our
home of 23 years because the area was so unique, and beautiful. The view was amazing...and still is! IVs
actually breathtaking...so says everyone that visits our home. Camino Predera is special that way. Historically,
we have been actively involved in the many proposed projects on this street since the Concordia Homes
Project in the year 2000. I'm sure our names and faces look familiar to you.
Lynn and I received the PLANNING COMMISSION; NOTICE OF PUBLIC HEARING for tonight's meeting about ten
days ago. Needless to say, we were VERY surprised that the Staff had a recommendation for approval to the
Commissioners. Why? Because, when the City Council initially requested Staff to conduct a review of the
Hillside Standards for parcels on Camino Predera, it included input from the neighborhood. We were thrilled,
and subsequently two neighborhood "workshops" were held, in August and then September of 2019. When
we left the second workshop, we were under the impression that changes were going to be made, based on
the input from those participating and that there would be an opportunity for further discussion.
Over the next few months, I often wanted to check with staff on the progress they would be making, but
thought because of Thanksgiving and Christmas...and because I did not want to feel like I was bothering
them...I thought I'd wait till January. So, imagine my surprise when we received the notice for this evenings
meeting. Lynn and I went to the planning desk last Wednesday to review the information...as it was not yet
available on line. We were told it was not complete yet and would not be finished till late the next day,
Thursday. Needless to say, we were a little numb as this time line left us very little time for us to read and
react to the information. Because the city is closed on Friday's and this past Monday was a holiday, it gave us a
very small window to respond. The time-frame leads us to believe the report was rushed.
We consider these changes "a good first start" and a rough early version of what the final recommendations
can and should look like. Honestly, we were expecting another opportunity to meet with staff to review the
recommendations they came up with, that were based on our input to begin with. There are some good
changes, some that need clarity and some that are just not acceptable. For example: during both workshops,
view sharing was discussed often...and there is nothing to address view sharing in this document. View or
story poles were also discussed...again....nothing in this report.
Tonight, we ask the Commissioners to table the approval of the Amendment that staff is recommending.The
last thing we think anyone wants is to revisit this issue again. We request that the Commissioners direct staff
to continue to work with the neighbors, in small meetings or workshops, in order to create a model standard
that the neighbors, staff, Commission and Council will be proud of, and will be eager to approve...one that
deals with all the issues. After twenty years...now that we have this opportunity...let's do it right!
Thank You,
9 ! � 3c�
My name is Lynn Massey my wife Renee and I have lived
on Camino Predera since September 1996
This talk may explain the 14 foot height recommended by
staff.
As the overhead shows this is the ownership of Lot 12,
8045 Camino Predera, Mr. & Ms. Adams home.
On March 31 , 2000 the lot was owned by Concordia
Homes of Southern California. This developer purchased
21 lots on the south side of Camino Predera.
On June 6, 2000 the lot was sold to Concordia of Rancho
Cucamonga-20 LLC. This was same company just under
a different name.
Their plan was to build lots 1 -5 at street level. Two story
cookie cutter homes with a 30 foot building envelope. The
other lots were going to be built below street level with a
new access road through lot 18.
We appealed the project.
After a lengthy process the appeal was up held and
Concordia was instructed by the City Counsel of Rancho
Cucamonga to adjust their plans for lots 1 -5 to follow the
neighborhood with a cascading design. Concordia started
selling the lots one by one because they said the
cascading designs would not "pencil out".
On July 29, 2003 Lot 12 was purchased by Schneider
Enterprises, LLC. Years later we found that Mr. Schneider
was an executive of Concordia Homes. Less than one
month later he sold the lot 12.
On August 22, 2003 Michael & Wendy Stachowiak
purchased lot 12. On April 6, 2004 the Stachowiak's
summited their plans to the Design Review Committee but
they did not want to make any changes to the pervious
plans submitted by Schneider Enterprises. We later found
out that the Stachowiak's were related to Mr. Schneider.
We appealed the project on June 7, 2004.
The Stachowiak's and ourselves were encouraged to meet
with the staff to try and work out a compromise.
We met in one of the conference rooms by the staff's
offices. We explained that their proposed project would set
a standard for the rest of the lots and ask them to reduce
the profile so we could share the view with future projects.
They started to plead with us. They told us that her mother
needed care and was going to live with them. During that
time she started to cry, and asked us to please reconsider
our appeal. They then said they would lower the overall
profile to fourteen feet (14'). We felt compassion for them
because my Father needed fulltime care in his home.
We made our point to the staff attending the meeting that
this compromise will not set the standard for the rest of the
lots.
The house was eventually built but they never lived in the
home, it was eventually sold to the current owners.
Please reconsider this fourteen foot height allowance so
the neighbors on the north side of the street can share the
view with the south side of the street.
U
From: chuck@charlesjoserh.biz <chuck@charlesjoseph.biz>
Sent: Monday, January 20, 2020 2:22 PM
To: Smith, Michael <Michael.Smith@cityofrc.us>
Cc: Renee Massey <reneemass1952@yahoo.com>; Lynn & Renee Massey
<lr)fsmass@msn.com>; Suzanne Buquet <suzanne@chasjoseph.com>
Subject: MCA DRC2020-00004 - City of Rancho Cucamonga Staff Report
CAUTION: This email is from outside our Corporate network. Do not click links or open
ttachments unless you recognize the sender and know the content is safe.
Mike:
This is as a follow up to review of the subject staff report and communication with neighbors
concerning the staff report and draft exhibits attached to same this weekend. While we greatly
appreciate the City efforts to finally deal with what has been an ongoing issue of concern for us
over the past 20 years, we are a bit disappointed with how this is being presented at Planning
Commission this week as a first look for the residents and accompanied with a recommendation
for approval by the Commission at this same meeting.
Over the past several months, we and quite a number of our neighboring residents attended the
workshops referenced in the staff report and we were under the belief that there would be a
subsequent presentation of a compilation of a draft set of recommendations for review by the
resident participants. Neighbors made inquiry as to where this process and follow up was with
the City and were informed that the matter was going to be placed on the Planning Commission
agenda. When inquiry was then made concerning what was to be presented, we were told that
the staff report was being put together and there was nothing available for review prior to the
transmittal of the agenda and staff report late Thursday, January 16, 2020, after City Hall was
closed.
While the staff report and Exhibit A lists what appear to be some potentially constructive
approaches to deal with the problem, we have a number of questions and need some clarification
concerning the analysis listed in the staff report and the Technical and Design Standards included
in the agenda item.
The Correspondence section of the staff report is a bit confusing and could be a bit misleading,
as the item staff report and exhibits were not available for review until after close of business on
Thursday. I am unclear how anyone could have called the City on something that they had not
yet had the opportunity to review or have the opportunity to discuss the materials with Staff and
then residents had no further comments nor concerns during the period of time that City Hall
was closed for the weekend and the holiday today. I am concerned that Commission might read
this as written and presented and think that there are no remaining questions or issues that
could be presented, which I would like to believe is not the intent of Staff.
We would like an opportunity to meet with you on Wednesday prior to the Planning Commission
meeting so we can ask questions and obtain clarification concerning the staff report and
exhibits. Thanks for your help with this.
Please feel free to contact me at your earliest opportunity should you have any questions or need
of additional information or assistance with this.
Thanks,
3
Chuck Buquet, President
Charles Joseph Associates
9581 Business Center Drive, Suite D
Rancho Cucamonga, CA 91730
Office (909) 481-1822
Fax (909) 320-2296
*******************PLEASE NOTE******************
This message, along with any attachments, may be confidential or legally privileged. It is
intended only for the named person(s), who is/are the only authorized recipients. If this
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a
IN BA I�DO S
C0N 'v
January 21, 2020
City of Rancho Cucamonga Via Email: Daniela.Rodriguez@citvofrc.us
Attn: Planning Commissioners Certified Mail 70191640 0001 7256 7222
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Dear Members of the Planning Commission:
1 write this letter to provide the Commissioners with our objections to the proposed changes to
the Development Code authored by staff in DRC0004-2020 and that are recommended for
approval at the Planning Commission meeting on January 22, 2020.
It has long been known that the views along Camino Predera from the lots in Tract 10035 are
amongst the best and most sought after in Rancho Cucamonga. It is no wonder that for 18 years
residents on the north side of Predera have repeatedly objected to construction on the south
side of the street to protect their views. Even a cursory review of the city's public records using
the search term"Camino Predera"at https://rcdocs.cityofrc.us/Webi.inl: \Velcome.aspOcr--1 yields dozens
of resident's letters,staff reports,and records on appeals that over the period have
unquestionably illustrated and recorded the neighbors'concern over view obstruction. For
staff to omit this fact from its report and recommendations is none other than dereliction of its
duty to you,the Commissioners.
The recommendations of staff are also thinly veiled to circumvent California Public Policy and
case precedents to create a view easement over property owners on the south side of Camino
Predera for the benefit of owners on the north side of the street. Thereby staff wrongly
encourages you,the decision makers here,to enter into a private contract dispute for the
benefit of one party over another. The private contract was established through the CC&R's
recorded on the tract at its formation and to which all of the residents have agreed by their
property ownership.
Staffs recommendations that you intrude will also concurrently provide a public use of Camino
Predera as a view corridor without the requisite findings,notices,and hearings required to
create such things. Even if staff feigns ignorance or avoidance on their attempts at creation of a
view corridor or view preservation, their re-wording of the narrative and their selective
language describing the neighborhood issues does not alter the realities: their
recommendations are, in fact and at the very least,a taking without Just Compensation for the
depravation of property owners'rights for the trespass of another. Property ownership rights
are amongst the most cherished in our society and should never be abridged by government
without a substantive and overriding gublic need.
595 DALEY LANE, KALISPELL, MT 59901
(909) 981-6797 OFFICE (909) 982-3931 FAX LICENSE #SO522O
MULTIPLE AWARD WINNING LICENSED AND INSURED GENERAL CONTRACTOR
In this case the public is not served because of the extraordinarily limited geography of the
proposed regulations and the extraordinarily few number of residents these proposed
standards seek to harm. Not only do these standards purport to regulate only one tract,but in
simple truth,as staff report clearly makes known,the standards will apply to only a subset of 14
parcels within that tract. Existing developed homes and entitled vacant properties remain
unaffected and rewarded for their development in time. This is also an "ad hoc"application of
development standards that sets an unjustifiable precedent that should go hand in hand at the
very least with heightened scrutiny. Staffs recommended"solutions"are not proportional to
the impacts at issue and that they claim are in desperate and immediate need to be ameliorated.
Staff lobbies you now to approve of their recommendations because of a differing"topography"
and"development patterns"in the Red Hill community than exists in any other part of the city.
Yet this assertion is unfounded and unsupported by anything other than mere conjecture and
commentary. No study exists in support of the broad conclusion reached. Staffs only true
evidence is the strident cacophony of a select few neighbors.
Staff also implies that the Council is implicitly supporting their recommendations because of
their findings on the Galvan appeal,yet the Council's findings (that denied the Galvan appeal in
support of the Commissioner's approval) did not describe any such advisement to the Planning
Commissioners nor was any such determination by the Council described in its resolution of
denial of the appeal. We will never truly know what the full Council's position was because the
applicant and the appellants reached a settlement agreement encouraged by mediation
arranged by the City.
To further exacerbate the issues,staff is recommending that the Commission find that 9
property owners,and no others in the city,shall be discriminated against for choosing their
purchase of vacant land with a Reasonable Investment-Backed Expectation to develop their land
as neighbors on both sides of the street have already been allowed to do and thereby prosper
economically accordingly.
There is neither fairness nor justice in any application of regulations staff proposes that pits
neighbor against neighbor in close proximity to each other on the same street and indeed even
as close as one next door neighbor to another. This is the case with our property and uniquely
illustrated because we would be restricted even further from choosing which side of our home
shall have the 15'proposed setback as the existing home to our east has a 5'setback on their
west and the regulations propose that there be a minimum 20'setback between homes. Given
the topography of our lot,the preferred side for a 15'setback would be to our east. We would
lose the ability to choose and concurrently be burdened more so than any other property owner
should these amendments be adopted. These new standards leave neighbors doing little more
than vying for parity and inflamed over the application of standards with one neighbor
benefiting more than another just feet away from each other. "First come first serve"will be the
another new development standard on Predera -it's no longer going to be discretionary to the
designer if your neighbor builds first as the existing standards currently allow for in greater
fairness.
595 DALEY LANE, KALISPELL, MT 59901
(909) 981-6797 OrncE (909) 982-3831 FAX LICENSE #505220
MULTIPLE AWARD WINNING LICENSED AND INSURED GENERAL CONTRACTOR
Fairness also dictates,and current zoning and housing regulations require,non-discriminatory
practices in land use. Staffs proposed changes discriminate against narrower lots in preference
of wider lots because increased setbacks disproportionately restrict development on the
narrower lot far more than is the case for the larger or wider parcels. Where the zoning
practice normally would allow for a variance for such an unfair imposition,here staff advocates
to promote a more discriminatory practice instead. These conditions again unfairly"leverage"
permit approval authority for excessive concessions from a single property owner that Staff
now requests be determined administratively by their Director instead of by you the
Commissioners as has been done in the past for decades.
Staffs proposals also do not take into consideration the unique topography of the remaining
lots,another commonly used factor to grant variances to Code requirements. Staffs
recommendations are more appropriate for Terra Vista style developments with flat and
regularly shaped lots where commonly applied standards work uniformly. Many of these lots,
however, like Danny Dera's and lots 14-16 on the east side,have an initial steep drop-off at the
sidewalk that levels out into a relatively flat building pad below. Other lots,such as lots 10-13
have their natural building pads at or near the street level. Lots 10 &11 have a large earthen
mound remnant from street grading and paving operations completed back in the late 80's.
These 4lots are particularly impacted sites because of the natural building site contours occurr
at street level with increasingly steep slopes to their south. These conditions are the opposite
for the other lots 14-16 and lots 1-9. Staffs recommendations should take into consideration
topography by restricting the creation of artificial grades that would elevate the home to street
level rather than utilizing the naturally occurring building pads in the lower elevation areas of
the properties. Topography is something the existing Hillside Ordinance seeks to preserve and
is being overlooked in these recommendations by allowing 8' retaining walls to create man-
made elevations.
Moreover, nowhere has staff found a nuisance, risk to public safety,or interest in preserving
some underlying,long-standing public principle to support these amendments. Quite to the
contrary the background principles already created here by prior entitlements on the street and
throughout the city run contrary to staffs recommendations. Again,any consideration of
fairness is opposite to the standards being recommended.
Staff also fails to articulate its goals in promoting the change in the standards in any objective
fashion or with quantifiable measurements. There are references to excessive"size (floor
area)," "massing and over building,' and "character of the neighborhood" in staffs report to be
modified,however no objective measurements are provided by staff to illustrate the
undesirable condition from the ideal one they seek to achieve.What floor area size, massing, or
character does staff seek to establish? Rather,staff continues to promote more subjective
characterizations as a resolution of what are already unfairly subjective oppositions. Here I
would refer Commissioners to definitions in the newly enacted legislation of SB330-The
Emergency Housing Crisis Act of 2019- that became effective on January 1, 2020 for guidance.
Therein the language of the law defines an "Objective design standard"as:
595 DALEY LANE, KALISPELL, MT 59901
(909) 99 1-6797 OFFICE (909) 9BZ-3631 FAX LICENSE #505220
MULTIPLE AWARD WINNIND LICENSED AND INSURED GENERAL CONTRACTOR
"...a design standard that involve no personal or subjective judgment by a public
official and is uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant
or proponent and the public official before submittal of an application."
1 would submit for the Commissioners consideration that SB330 is applicable in this instance
for numerous reasons not the least of which is because staff proposes standards on the whole
tract (modifying its conditions of approval ex post facto) and S13330 bars the subjectivity staff
seeks to reintroduce into any further development with all the failings subjectivity will create.
Should these amendments be adapted they will only continue to yield further controversy on
the street. For instance,in our submittal recently denied by the Commission in December,our
floor area was considered too large and our retaining wall was found to be too high,yet staff
fails to define the maximum allowable floor area in their new standards (nor do they define it as
the Code currently allows at 40%lot coverage) and their objections to a 57'wall on our project
now gives rise to gratis approval of 8'high retaining walls. If we were to resubmit under the
new standards we would surely look for approvals on a narrower and taller structure to the
maximum height of 14',but with the same floor area elongated on the lot rather than the lower
and wider more beneficial profile we previously presented. These new standards therefore do
little to resolve the"massing and over building' or define the "character of the neighborhood"
staff seeks to address with any"Objective design standard" as the new law requires. A careful
reading of the new law would yield significant other legal impediments to staffs
recommendations.
In conclusion,the current language of the Development Code is and has been since creation of
the tract able to accommodate and promote diverse use. As some residents require smaller
housing space,those spaces exist within Tract 10035. Others,some of whom began
construction decades ago,have enjoyed larger living spaces in varied architectural styles. For
those who prefer smaller homes they already exist. For those who desire greater diversity in
larger homes those exist too. Red Hill is an eclectic community and that pattern is rightly being
repeated here in Tract 10035 in each of its uniquely designed homes. Staff provides no reason
to alter what has been lawfully approved property developments by Commissioners for the
past 18 years. I find it odd that development along the street progressed well with the guidance
of former directors and that now new regulations are required instead.
1 would like to thank the Commissioners in advance for taking the time to consider these
comments.
Sincerely,
BARDOS CONSTRUCTION, INC.
Paul Bardos,
President
595 DALEY LANE, KALISPELL, MT 59901
(909) 981-6797 OFFICE (909) 982-3831 FAX LICENSE #505220
MULTIPLE AWARD WINNING LICENSED AND INSURED GENERAL CONTRACTOR
Thornhill, Elizabeth
From: Rodriguez, Daniela
Sent: Tuesday,January 21, 2020 11:13 AM
To: Bravo-Valdez, Patricia;Thornhill, Elizabeth
Cc: Solorio, Kimberly
Subject: FW: Proposed Development Code Amendments
Attachments: Staff Recommended DC Amendments.pdf
Good morning,
Please see email below!
Thank you,
1lI/Im;�& �
Administrative Assistant
City Clerk's Office I Records Management
City of Rancho Cucamonga
(909)77a-2012
From: Paul<paul@bardosconstruction.com>
Sent:Tuesday,January 21, 2020 10:54 AM
To: Rodriguez, Daniela<Daniela.Rodriguez@cityofrc.us>
Cc: Gillison,John <John.Gillison@cityofrc.us>;jmarkman@rwglaw.com; McIntosh, Anne <Anne.Mclntosh@cityofrc.us>;
Smith, Michael <Michael.Smith@cityofrc.us>
Subject: Proposed Development Code Amendments
CAUTION:This email is from outside our Corporate network. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Please see the attached letter for inclusion into the record for the upcoming Planning Commission meeting of
January 22, 2020. The original will follow through regular mail.
%,,BAIZDOS
Paul Bordos
595 Daley Lane
Kalispell, MT 59901
Paul@BardosConstruction.com
www.bardosconstruction.com
(406)309-8080(Office) 909 982-3831(FAX)
1
(909)241-7627(Cell) Lic#505220 B, C39, C20
Multiple Award Winning Builder
This e-mail message and any attachments to this e-mail message contain confidential information that may be legally
privileged. If you are NOT the intended recipient, you must not review, retransmit, convert to hardcopy, download, copy,
print or otherwise disseminate or retain this e-mail or any attachments to it. If you have received this e-mail in error,
please contact my office at the number above and notify me of the error by return e-mail. Please then delete the message
erroneously received.
Thornhill, Elizabeth
Subject: FW: MCA DRC2020-00004 -City of Rancho Cucamonga Staff Report
From:chuck@chariesioseph.biz<chuck@charlesioser)h.biz>
Sent:Wednesday,January 22,2020 9:38 AM
To:Smith, Michael<Michael.Smith@citvofrc.us>;Suzanne Buquet<suzanne@chasioseph.com>
Cc: Renee Massey<reneemass1952 Ova hoo.com>; Lynn &amp, Renee Massey<lofsmass@msn.com>
Subject: RE: MCA DRC2020-00004-City of Rancho Cucamonga Staff Report
Mike:
Thanks for your e-mail. Additional FYI, I got a message last night from my neighbor who bought the
house next to me from Paul Bardos, and he is not at all happy about the potential row of houses sitting at
street grade if the draft standards are adopted by the City. I invited him to join us this morning so he
could be involved with the discussion and Lynn and Renee are enroute back from Las Vegas this morning
in an attempt to be at this morning's meeting as well.
Regrettably, what I believe are well intended proposed changes in the Analysis section will actually serve
to exacerbate the issues that the residents have been dealing with over the past 20 plus years. The staff
report makes absolutely no reference to view share anywhere in the document, despite the fact that this
has been the prime issue presented by the current homeowners, and purchase and pricing of our homes
was based on view potential.
Despite the assurances that the one house sitting up at street grade would not be used as a precedent for
future development back when it was approved, we are now presented with what would replicate this
same profile and height along the entire Camino Predera downhill side of the street, which would be
tragedy. Why would the City allow housing to be built on that side of the street that would serve to
eliminate any view or horizon for the uphill side houses along the entire street? This would result in a
tract home effect, where the view of the houses on the uphill side of the street would be the front door
and garages of the houses on the downhill side of the street. Also, we are now presented with a Planning
Management team that has no actual background involvement or context with the issues presented and
dealt with over the past 20 years concerning this hillside, which serves to complicate what we thought was
finally a breakthrough on what had been a struggle, and I am disappointed with the materials presented
being impacted by an apparent lack of continuity.
Following are concerns and issues that we believe need to be discussed and more thought out than
currently presented.
• Any thought that the proposed modifications will eliminate the need for a discretionary review and
approval process is quite ambitious, and I do not believe realistic.
• Building Height Overall minimum requirement is 30 feet per the Analysis section. Will that be
eliminated for single family homes on this hillside area?
• Special Technical Standards lists Maximum of 14 feet and Minimum of 6 feet, from the midpoint of
the lot at top of curb. There appears to be no maximum building height, which doesn't seem
appropriate for a hillside lot under the current City Hillside Standards. This is very problematic for
view sharing and how in the world did someone come up with 14 feet as being an acceptable
height along this vista corridor?
• Side Yard setbacks are listed at 10/15 feet, which is appropriate for this hillside vista corridor.
Will all lots be required to provide the required setback so as to allow for a 25' side yard setback
between residences?
i
• Building Separation is listed as 20 feet and per the notes, how is that possible when the side yard
setbacks that would be applicable would preclude any building being located within the 25' side
yard setbacks?
• The Special Design Standards appear to be a good start as currently presented.
• The City should require that engineering certification be made for any design contemplated for
these view corridor lots and view poles should be erected and verified by an independent source as
part of the approval process.
Please feel free to contact me at your earliest opportunity should you have any questions or need of
additional information or assistance with this matter.
Thanks,
Chuck Buquet, President
Charles Joseph Associates
9581 Business Center Drive, Suite D
Rancho Cucamonga, CA 91730
Office (909) 481-1822
Fax (909) 320-2296
*******************PLEASE NOTE******************
This message, along with any attachments, may be confidential or legally privileged. It is intended only
For the named person(s), who is/are the only authorized recipients. If this message has reached you in
error, kindly destroy it without review and notify the sender immediately. Thank you for your help.
From: chuck@charlesjosegh.biz <chuck@charlesjoseph.biz>
Sent: Monday, January 20, 2020 2:22 PM
To: Smith, Michael <Michael.Smith @cityofrc.us>
Cc: Renee Massey <reneemass19520yahoo.com>; Lynn & Renee Massey
<lpfsmass@msn.com>; Suzanne Buquet <suzanne@chasjoseph.com>
Subject: MCA DRC2020-00004 - City of Rancho Cucamonga Staff Report
CAUTION. This email is from outside our Corporate network. Do not click links or o en
attachments unless y7 recognize the sender and know the content is safe.
Mike:
This is as a follow up to review of the subject staff report and communication with neighbors
concerning the staff report and draft exhibits attached to same this weekend. While we greatly
appreciate the City efforts to finally deal with what has been an ongoing issue of concern for us
over the past 20 years, we are a bit disappointed with how this is being presented at Planning
Commission this week as a first look for the residents and accompanied with a recommendation
for approval by the Commission at this same meeting.
Over the past several months, we and quite a number of our neighboring residents attended the
workshops referenced in the staff report and we were under the belief that there would be a
subsequent presentation of a compilation of a draft set of recommendations for review by the
resident participants. Neighbors made inquiry as to where this process and follow up was with
the City and were informed that the matter was going to be placed on the Planning Commission
agenda. When inquiry was then made concerning what was to be presented, we were told that
the staff report was being put together and there was nothing available for review prior to the
2
transmittal of the agenda and staff report late Thursday, January 16, 2020, after City Hall was
closed.
While the staff report and Exhibit A lists what appear to be some potentially constructive
approaches to deal with the problem, we have a number of questions and need some clarification
concerning the analysis listed in the staff report and the Technical and Design Standards included
in the agenda item.
The Correspondence section of the staff report is a bit confusing and could be a bit misleading,
as the item staff report and exhibits were not available for review until after close of business on
Thursday. I am unclear how anyone could have called the City on something that they had not
yet had the opportunity to review or have the opportunity to discuss the materials with Staff and
then residents had no further comments nor concerns during the period of time that City Hall
iwas closed for the weekend and the holiday today. I am concerned that Commission might read
this as written and presented and think that there are no remaining questions or issues that
could be presented, which I would like to believe is not the intent of Staff.
We would like an opportunity to meet with you on Wednesday prior to the Planning Commission
meeting so we can ask questions and obtain clarification concerning the staff report and
exhibits. Thanks for your help with this.
Please feel free to contact me at your earliest opportunity should you have any questions or need
i of additional information or assistance with this.
Thanks,
Chuck Buquet, President
Charles Joseph Associates
9581 Business Center Drive, Suite D
i Rancho Cucamonga, CA 91730
I
Office (909) 481-1822
Fax (909) 320-2296
*******************PLEASE NOTE******************
This message, along with any attachments, may be confidential or legally privileged. It is
intended only for the named person(s), who is/are the only authorized recipients. If this
message has reached you in error, kindly destroy it without review and notify the sender
immediately. Thank you for your help.
3