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HomeMy WebLinkAbout1998/02/11 - Agenda PacketCITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA WEDNESDAY FEBRUARY 11, 1998 7:00 PM Rancho Cucamonga Civic Center Council Chamber 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman Barker __ Vice Chairman McNiel __ Commissioner Bethel __ Commissioner Macias __ Commissioner Tolstoy __ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES January 14, 1998 January 28, 1998 Adjourned Meeting of January 28, 1998 IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. A. VACATION OF A PORTION OF OLD COUNTY ROAD DEDICATION - A request to vacate a portion of old County Road dedication (future Wardman Bullock Road) located along the west side of Tentative Tract 13564. V. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shaft be limited to 5 minutes per individual for each project. Please sign in after speaking. B. CONDITIONAL USE PERMIT 97-30 - MICHAEL GALAZ ~MVP SPORTS GRILL/ A request to establish and legalize a restaurant/sports grill including on-site indoor and outdoor consumption of alcoholic beverages within an existing 9,000 square foot lease space in the Regional Commercia~ designation (Subarea 4) of the Foothill Boulevard Specific Plan located within the Foothill Marketplace shopping center at 12809 Foothill Boulevard APN: 229-031-33. Related File: Entertainment Permit 97-03. (Continued from January 14, 1998) C. ENTERTAINMENT PERMIT 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL} - A request to allow entertainment including, but not limited to, indoor and outdoor live entertainment, karaoke, DJ music, dancing, and amusement devices (arcade games, pool tables, dart boards, kids theater/play area) within an existing 9,000 square foot lease space in the Regional Commercial designation (Subarea 4) of the Foothill Boulevard Specific Plan located within the Foothill Marketplace shopping center at 12809 Foothill Boulevard. APN: 229-031-33. Related File: Conditional Use Permit 97-30. (Continued from January 14, 1998) D. ENVIRONMENTAL ASSESSMENT AND TIME EXTENSION FOR TENTATIVE TRACT 14405 - LEE - A request for an extension of a previously approved tentative tract map including design review for the development of 20 single family lots on 4.39 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of San Bernardino Road, east of Vineyard Avenue - APN: 208-091-08. Staff has prepared a Negative Declaration of environmental impacts for consideration. Related File: Variance 91-11. E. TIME EXTENSION FOR VARIANCE 91-11 - LEE - A request for extension of a previously approved variance to reduce the required rear lot depth from 90 to 65 feet for one lot within a proposed 20 lot subdivision in the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of San Bernardino Road, east of Vineyard Avenue - APN: 208-091-08. Related File: Tentative Tract 14405. Page 2 F. ENVIRONMENTAL ASSESSMENT AND TIME EXTENSION FOR CONDITIONAL USE PERMIT 94-39 - CCWD - A request for time extension for master plan approval of CCWD headquaders, consisting of four buildings to be used as administrative offices, maintenance warehouse, vehicle maintenance, and office for fueling station located at 7900 Center Avenue in Subarea 17 (Industrial Park) of the Industrial Area Specific Plan - APN: 1077-401-09 through 16. Staff has prepared a Negative Declaration of environmental impacts for consideration. (ITEM HAS BEEN WITHDRAWN BY APPLICANT) G. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 15083 - KARUBIAN - A subdivision of 10.06 acres of land into 2 parcels in the Minimum Impact Heavy Industrial District of the Industrial Area Specific Plan (Subarea 9), located on the south side of Jersey Boulevard between White Oak Avenue and Milliken Avenue - APN: 209-143-29. Staf~ has prepared an Environmental Notice of Exemption of environmental impacts for consideration. Related File: Design Review 95-02. H. INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 98-01 - MASI COMMERCE CENTER PARTNERS - A request to amend the definition of Auto Service Court within the Industrial Area Specific Plan. VI, NEW BUSINESS I. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 97-29 (MODIFICATION TO DEVELOPMENT REVIEW 91-08} - CAP BROTHERS CONSTRUCTION COMPANY - A request to construct a 99,750 square foot industrial building on 6.8 acres of land in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, located at the southeast corner of Arrow Highway and White Oak Avenue - APN: 209-461-01 and 06 through 09. (TO BE CONTINUED TO FEBRUARY 25, 1998) VII. PUBLIC COMMENTS This is the time and place forthe general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. VIII. COMMISSION BUSINESS IX. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shaft be heard only with the consent of the Commission. Page 3 I, Gall Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on February 5, 1998, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. / Page 4 VICINITY MAP I _ I _ '!':':': ~ k,,,~. ,~.,,..,.li!ii::::ii::ii::iiiii!::~ii::::::::iii~ii::::::ii,' ::::::::::::::::::::::::::::::::::: i::::iii~ ·Zi · I ~L~:~---:, ... Z '~-~~ ,5/ ~ ' =: \i I ! ~\ -r-~ . ) ( CITY HALL CITY OF RANCHO CUCAMONGA CITY OF RANCH0 CUCAMONGA STAFF RF, PORT DATE: February 11, 1998 TO: Chairman and Members of the Planning Commission FROM: Dan James, Senior Civil Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: VACATION OF A PORTION OF OLD COUNTY ROAD DEDICATION - A request to vacate a portion of old County road dedication (future Wardman Bullock Road) located along the west side of Tentative Tract 13564 BACKGROUND/ANALYSIS: Tentative Tract 13564 was approved by the County of San Bernardino on August 24. 1987, and revised by the County Planning Commission on November 17, 1988. As a result of the Plan Check process, it was determined that a portion of old County road dedication will need to be vacated. An abandonment note will be placed upon final map. The road easement was conveyed to the County of San Bernardino by document recorded June 30, 1935, in book 1070, page 65 of official records, the interest of which has since passed to the City of Rancho Cucamonga upon incorporation of the City. The subject road vacation is 20 feet wide and lies within the boundary of the final map. It will be superseded by the dedication of Wardman Bullock Road on the final map. The vacation of the old County road dedication within the boundary of the final map is consistent with the General Plan and the Development Code. RECOMMENDATION: Staff recommends that the Planning Commission make the finding that the subject road vacation conforms with the General Plan. This finding will be forwarded to the City Council for further processing and final approvat. Respectfully submitted, Senior Civil Engineer DJ:JAD: Attachments: Vicinity Map (Exhibit "A") Old County Road dedication area to be vacated (Exhibit "B") ,, ~TEM A VICINITY MAP ~ACT 13564. TOTAL LOTS . 182 Z ,,~ o "~"" PHASE TRACT 13 i TOTAL LOTS ~ 364 WILSON AVENUE l TT 13564 City of Rancho Cucamong: File: h:\forms\vicmap VACATION OLD COUNTY ROAD DEDICATION AREA TO BE VACATED OLD COUNTY ROAD DEDICATION ~ 20 FEET WIDE, REC JUNE 30, 1935, "~' ' ~ BK 1070, PG 65, WITHIN BOUNDARY '~'~ o -,,'~' TR 13564-1 FINAL MAP pROPOSED TR 13~64-1 PA~ 2 PER .~/ 89'39'30" E 132 . _ 89'47'34" E 1326.10' T~CT ~4 ~. ~/OD-~4 TT 13564 Ci~' of Rancho CucamonBa FEB l! 'S8 87:35 TO 9~D~2,4772947 ErP, OI1 THE ~'-~qTTSON CEP'PANY T-574 P.01 [ FOOTHILL IARKETPLACE PARTNERS 36CI] B/I~CH STREET, SUTFE 250 · ~RT B~. ~ 9~ · ~714) 757-7~6 · F~71 ~)757-7~ Febmar>' 10, 1998 (909) 477-2847 FAX Mr. Brent Le Count AICP, .Associate P/anner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: CONDITIONAL USE PER/vfiT 97-30 - MVP SPORTS GRILL ENTERTAINN~ENT PEg.fIT 97-03 - NO,rP SPORTS GRF[ 1'. FOOTHILL NiTPLACE - iLgCHO CUCAaMONGA Dear Breat: Fursu~t to Greg Wattson, we cannot support live entertainment outdoors at MVP Sports Grill. However, we wish to support MVP Sports Grill for live entertainment inside the space with [imitations. As you kmow we have wrk~en letters to our t=nants and pursued responses over the telephone. After speaking wi_th a few of our major tenants today, the3' will not agree to entertainment at the shopping center unless the Landlord agrees to provide strict limitations. We must reStera!e, that if one of our major tenant's declines support because it violates 'daeir lease 'terms, then Foothill Marketplace must also withdraw their approval. We are doing everything possible to obtain permission fi'om our tenares, and to support Nf'V'P Sports Grill. Please comast me should you have any questions at (714) 757-7776. Sincerely, Diana Pope Property ,Manager CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: February 11, 1998 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Brent Le Count, AICP, Associate Planner SUBJECT: CONDITIONAL USE PERMIT 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL) - A request to establish and legalize a restaurant/sports grill including on-site indoor and outdoor consumption of alcoholic beverages within an existing 9,000 square foot lease space in the Regional Commercial designation (Subarea 4) of the Foothill Boulevard Specific Plan located within the Foothill Marketplace shopping center at 12809 Foothill Boulevard -APN: 229-031-33. Related File: Entertainment Permit 97-03 ENTERTAINMENT PERMIT 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL~ - A request to allow entertainment including, but not limited to, indoor and outdoor live entertainment, karaoke, DJ music, dancing, and amusement devices (arcade games, pool tables, dart boards, kids theater/play area) within an existing 9,000 square foot lease space in the Regional Commercial designation (Subarea 4) of the Foothill Boulevard Specific Plan located within the Foothill Marketplace shopping center at 12809 Foothill Boulevard - APN: 229-031-33. Related File: Conditional Use Permit 97-30 BACKGROUND: This project was continued from the January 14, 1998, Planning Commission Meeting to obtain approval of the property owner and to allow the property owner (Watson Group) to obtain necessary approvals from other existing tenants in the Foothill Marketplace shopping center. To date, the tenants have not responded to the Watson Group's request. The Watson Group has agreed to a condition of approval that would require approval of all tenants within the Foothill Marketplace shopping center prior to MVP Sports Grill initiating any of the entertainment activities or outdoor serving of alcoholic beverages. The applicant is proposing to legalize an existing sports bar with arcade and entertainment at the Foothill Marketplace shopping center and add indoor and outdoor entertainment. The applicant was issued a business license in November 1996 for a restaurant without entertainment. Restaurants with entertainment require approval of a Conditional Use Permit and an Entertainment Permit. ITEMS B & C PLANNING COMMISSION STAFF REPORT CUP 97-30 & EP 97-03 - MVP SPORTS GRILL February 11, 1998 Page 2 PROJECT AND SITE DESCRIPTION: A. Surroundinq Land Use and Zonino: North Church, offices, retail, service station (across Foothill Boulevard); Community Commercial, Foothill Boulevard Specific plan (Subarea 4). Fast food restaurants and video store to the north within the shopping center; Regional Commercial (Subarea 4). South - Metropolitan Water District Reservoir; Light Industrial, Foothill Boulevard Specific Plan (Subarea 4) East Vacant land and single family homes (across Etiwanda Avenue); Community Commercial, Foothill Boulevard Specific Plan (Subarea 4) and Low Residential, Etiwanda Specific Plan. Fast food restaurants, retail, Food For Less grocery store within the shopping center; Regional Commercial, Foothill Boulevard Specific Plan (Subarea 4) West Fast food restaurant, retail; Regional Commercial, Foothill Boulevard Specific Plan (Subarea 4) B. General Plan Designations: Project Site - Commercial North Commercial ,. South - Industrial Park East Commercial and Low Residential West Commercial C. Site Characteristics: The lease space is within the Foothill Marketplace shopping center. Most of the surrounding lease spaces are occupied by a variety of fast food and retail uses and services. The sports bar has been in operation since December 1996 with no record of complaints filed with Code Enforcement. D. Parkinq Calculations: The subject lease space is within the Foothill Marketplace shopping center, which has sufficient parking to meet applicable Code requirements. ANALYSIS: A. General: The applicant is proposing a dance floor With D.J. music and band area, an arcade, a children's play area, and an area with pool tables and dart boards in addition to dining tables and a bar. The applicant is requesting to use the existing outdoor patio area for dining, serving of alcoholic beverages, and live entertainment. The serving of alcoholic beverages will be limited to an area next to the main entrance which will be physically separated from the remainder of the outdoor patio area. The applicant is proposing the use of chain link to section off the alcohol serving area; however, staff:recommends a decorative material such as wrought iron railing or similar. As discussed in the January 11, 1998, staff report, It is recommended that the specific placement of the alcohol serving section(s) and security fence design be subject to City Planner review and approval to avoid conflicts with pedestrian passage and other tenants. The design of any outside fencing is critical because this is the main plaza for Foothill Marketplace and features a complex design (i.e., round forms, raised planters, and multiple grade levels). Alternatives to fencing should be explored. PLANNING COMMISSION STAFF REPORT CUP 97-30 & EP 97-03 - MVP SPORTS GRILL February 11, 1998 Page 3 B. Security Plan: Security is provided primarily by Protection Plus, a private security service used by MVP since February 1997. Security and management will be outside at all times. The applicant indicates that they may hire security staff as their customer volume increases. The Foothill Marketplace Security office is located next door. The applicant has installed an extensive security camera system to monitor the interior of the establishment. There is one security camera outside and a second camera is proposed. Employees are also responsible for ensuring a safe and secure environment. The Police Department has reviewed the proposal and determined that the applicant has addressed the issues of safety and security by providing adequate security measures. C. Hours of Operation: The applicant is requesting to operate from 9:00 a.m. to 2:00 a.m. Saturdays and Sundays and 11:00 a.m. to 2:00 a.m. Monday through Friday. These are the current hours of operation and no complaints have been filed with the City. D. Conclusion: Based upon the above analysis, staff believes that the proposed activity is compatible with the surrounding uses and complies with the objectives of the Foothill Boulevard Specific Plan. This is supported by the fact that the business has been in operation for the past year without any complaints. E. Environmental Assessment: The application is exempt pursuant to Section 15301 of the State CEQA Guidelines. FACTS FOR FINDING: A. Conditional Use Permit: 1. That the proposed use is in accord with the General Plan, the objectives of the Development Code and the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located. 2. That the proposed use. together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific plan. B. Entertainment Permit: 1. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals, or welfare. 2. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner. 3. That granting the application would not create a public nuisance. PLANNING COMMISSION STAFF REPORT CUP 97-30 & EP 97-03 - MVP SPORTS GRILL February 11, 1998 ', Page 4 4. That the applicant, or any other person associ'~ted with him as principal or partner in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, Has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of an kind dr of a felony or any crime involving moral turpitude, nor has any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment been revoked within the preceding five years. 5. That the normal operation of the premises wodld not interfere with the peace and quiet of the surrounding residential and commercial uses. 6. That the applicant has not made any false, ;misleading, or fraudulent statement of material fact in the required application. CORRESPONDENCE: This item was advertised as a p:ublic hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices (,vere mailed to all property owners within a 300 foot radius of the project site. RECOMMENDATION: Staff recommends that the Plannirig Commission approve Conditional Use Permit 97-30 and Entertainment Permit 97~03 through adoption of the attached Resolutions. Respectfully submitted, Brad Buller City Planner BB:BLC:mlg Attachments: Exhibit "A"' - Location Map Exhibit "B" Site Plan: Exhibit "C" Floor Plan Exhibit "D" Entertainment Permit Application Exhibit "E" Business Description lette~ Resolution for Approval of Conditional Use Permit 97-30 with Conditions Resolutionfor Approval of Entertainment Permit 97-03 The Waltton Argo Company and Braevast U.S., Inc. · ., s ,,t,:,~,.:,. Foothill Marketplace A~SSO(;IA'I'I~S Foothill Boulevard & EliwandaAvenue ENTERTAINMENT PERMIT. APPLICATION Applicants for entertainment pc, ,,l{t~ shall comple.:te the following questionaire: PLEASE PRTNT OR TYPE A. The name and permanent address of. applicant. '_ ............... 2_ Name - Permanent AddT~si ............ 7' ..................... B. The name, proposed and current; if any, and business address of the applicant: ~z., ~, ~/' ~, ~ ~ ~-,--/--/-----2 ...................... Business Address C. A detailed description of the proposed entertainment, including type of entertainment, and number of persons engaged in the entertainment (may attach seperate sheets if necessary): ___I'd __Z__t/ ...._/C ........_~_~_j_ /Z,~,'If/ f ' ..... 5-: .... ........................ ~ .........: .............. D. The date or day-<ff-week, hours and location of ehtertainment (attach floorplan), and the admission fee ff y to be charged: ' H' feZ >' '-'--' ................' .....: ......~'- .............. T__ ~,~ E. The name(s) of the person(s) responsible for the management or superyision of _.' .... h .... :_ ......................... 'F. A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business: ~_~_~_~_~ _~_.~ _7_~__ _5/_ _,:,__~ ~_ _~r_c_~_7?_ c__7_-,_ _/-_ ~_: ~_ cd)_ .................................... 7 G. Whether or not the applicant or any person responsible for the management or supervision of applicant's business have been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any: ___~_~_-'_ ................................................ H. Whether or not applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: Any falst, misleading or fraudulent statement of material fact in the required application shall be grounds for denial of the application for an entertainment permit. RECEIVED November Z2. z9 7 NOV I 8 1997 Cily of Rancho Cucamonga Dear Brent LeCount AICI~.· Planning Division In reference to the kids in the chiMren's area, MVP Sports' Grill provides a restaurant and entertainment for all ages. but we are not liable or res~oonsible to supervise the chiMren. .4/though we do hax'e_fidl control of the children patronizin,,z our establishment, the children are to be under adult sup:ervision at all times. We do recognee the seriousness of potential child theJ~, but we are not a childcare service. However. we are still very concern with the health qnd safe.n, of the chiMren. On our high volume nights we do assign a staff member to nionitor the children's area and our numagers ~4'a/k thro,gh these areas regular/yJbr th~ child's saJi~ty. Upon entering the business. signs are posted at every entrance indication we have a 24 hour surveillance camera. The cameras are reminders and hopefully a deterrent to possible assailants and intruders.. A4VP Sports Grill's personnel are trained to react immediately by calling securi.ty or management, and if necessary phone the police. Management and security will take m.,fbrmation and address the problems. If necessary ~rhen a individual does not cooraporate. they will be ask to leave the business. if the individual is hostile. demonstrating unexcitable behavior. the management or security will call the police. :~leanwhile, security and management will try to lea!t the individual outside until police arrive. A report will be~led and available if needed. The Arcade Room has air cbnditionmg and the door is a emergency exit only with signs posted. It is not a option for air circulation and is to he closed at all times. MYt' Sports Grill will provide a alarm activated handle to, reinforce this issue.. MP?~ 3;9orts Grill has already retain and heeh using a security personnel. Protection l~hts has been on our security sta)SF and has been ~'ith us since Febrtta0, 1997. 7~zi.v area af high volume cus'tomer base has been addressed as stated above. t'ersonnel fi~r outdoor entertainment ~4'ill he provided. Security and managenzent will he outside at all times. All walk way's will be clear of patrons during live band entertainment. Security and employee personnel will require patrons to seat in designated areas and to stay clear of getting in the u,ay of other bztvinesses. Any out door problems will he managed as stated ahove. Please see attached reformation which was sUpmitted and approved by ABC it includes roping oJf and designated alcohol areas. ~'ince ~,,, zc ae O. Ga a_ MVP Sports Grill. 12809 Foo~ill Blvd. Rancho Cucamonga, Ca 91739 MVP Sports Grill October S, 1997 R E C E i V E D Development Department 0{31 ~. 5 1997 Planning Division Dan Coleman Principal Planner. City ol Rancho Cucamonga planning ~visicn Dear Dan Coleman: MVP Sports Grill is seeking to offer a wider selection ofentertainn~ent for our customers. We are submitting our application for a permit to include a Band, Karoke and a DJ with each playing two nights a week. Our establishment is family oriented with an assortment of entertainment for all ages. In the and Billiards area, children 17 years or younger must be accompanied by a parental adult. Our customer's have requested to implement 2l years and over in the bar after 10:00 PM, Sunday - Thursday, and 8:00 PM Friday - Saturday. We have signs posted indicating these requirements. Tuesday night will be Karaoke night and is set for the entire family and college students. The following is our current foreseen schedule for the entertainment. However, we may need to make changes to the schedule due to the current Market competition and to allow an increase in our business sale. Tuesday Wednesday Thursday Friday Saturday Sunday Karaoke D. J Karaoke Band D.J. Band Entertainment Activities: Karaoke Band DJ Number Of Bartenders: 1-3 l-3 1-3 Number Of Servers: 1-5 1-5 I-5 Number Of Managers: 1-3 1-3 I -3 Number Of Security Personnel: 04 0dl 0--4 IVhanages: Our Manager's responsibilities include the entire area. Managers maintain customer service by utilizing the personnel. When they see an area that is not being service or a possible problem, they may address it themselves or notify the responsible personnel (or maybe security). As our customer base increases our manager personnel will increases. The Manager and Security keep each other informed of activities throughout the entertainment time. S~. Foothill Market Place Security office is locate~l next door. Their business hours are 9:00 A.M to 2:00 A.M. We have their emergency telephon~ number posted in every location for the employee's if needed. MVP Sports Grill has installed its own security ~tmeras. Twelve security cameras are located throughout our establishment and we advertise ii in all areas. Additional security personnel will be hired by MVP Sports Grill as our customer b~ase increases, Their responsibilities will be as follows: · Stay in communication with all area m,a.n~,gers * Inform manager and bartenders of any potential problems *Walk through rC:gular · Maintain age requirements. All personnel may call upon security at any giv~ time. When our customer base increases, management or security will check for proper identification at the door when entering. Our Security personnel will wear the appropriate clo!hing to indicated, "Security." Bartenders are responsible for their customerisurroun. ding the bar, along with overseeing the servars' responsibilities. When a bartender has as quesuon or concern to an area, which is away from bar, they will address that specific server. ~As MVP Sports Grill customer base increase's, our bartender personnel will increase. At all rimes our bartenders are in communication with a manager or security. Bartenders are always looking to provide quality ~-ustomer service end to recognizing any potential problems. Bartenders serve drinks to the servers end the customers seated around the bar area. They too are requii'ed to check and maintain the age requirements. Ser-,'ers: Servers are responsible for a general give ar~a. When our customer bases increase our server personne| will increase. When a enstomer has a complaint or problem arises the server brings it to the menager or security attention. MVP'S servers take the customer order and maintain age requirement. Please Note The Fnllowing: MVP has been in business for nine months and has experience high volume of customer base. We have succ~,ssfully executed the above description and have made adjustment along the way to improve qu~ity serves end to provide a .safe environment. We will continue to make adjustments as necessary. Entertainment will end no later than 1:30 a.m. Our business hours are 9:00 - 2:00 Saturday- Sunday and 11:00 am - 2:00 am Monday - Friday. Please revise hours of operations. · MVP's noise level controlled: Doors will only being opened for entering and leaving the building. Any possible oonfl ¢t's with otller tenants will be adjusted by the volume of noise. · A dance area will be designated not to exceed 150 square feet. See flour plan for the dance area and where the Bands, DJ or Karaoke will be gt up. Outdoor entertainmen¢: · As you may well kn~w Jenuary 1, 1998, ~+ill invoke a no smoking law in all bars. Sacramento has recently furnish business owner's information on how to accommodate our smoking customers in means of an outdoor smoking area. · Outdoor entertainment for MVP Sports Grill, would consist of the same schedule. The same responsibilities to control the outside areas with exception to bartender's responsibility- There is currently one security camera outside and a second one to be installed. Tenants in the area are aware of the possible outdoor entertainment, and look forward to possible increase in their business sales. Any concerns with the noise level will be resolved with fair reasonable judgment to avoid any possible conflicts. See our outdoor floor plan for our customers designated seating area and entertainment set up. Angela and I (Michael) are the owner's of MVP Sports Grill. If you should have any question or concerns, please feel free to contact us. Thank You, Sincerely, Michael O. Galaz Owner 12809 Foothill BLVD. Suites A_D Rancho Cucamonga Ca 91729 MVP Sports Grill August 6, 1997 Community Development planning Planning Division RE: Arcade conditional use permit. Dear Planning Dept: The following outlines the propose use and procedures for MVP Sports Grill business operation project. Our hours of operation are as follows: Monday - Fridays 1 l:00am - 12:00am, Saturdays and Sundays 9:00 arn - 2:00 am. ~ · MVP Sports Grill concept is typical to today's pizza, establishment where families and community sport organization can gather for socializing while efigaging in family quality time. MVP Sports Grill .... creates a safe and quality sports environment for all ages. The 9,200 square foot center will include a colorful sports theme design and decor, with aplay area forages 1 tol0where they can crawl in tumnels, and slide down a multi level indoor play set. In addition a separate area will provide table top activity set, cushion, clowns, and a wall length chalk board The 7 to 15 years olds can keep amused with 20-25 areafie machines. They may also view sport collentibles and make a purchase at the pro shop. Professional sport name teams merchandise can be found. Such items will include caps, magazines, sport cards etc. Special event planning w~ll include sport vintoty parties for all local community organuzation sport group, the local Cub Scouts/Girl scouts or birthday parties. The customer can enjoy dinning of American, Italian and Mexican foods. Beverages consist of beer, wine, gourmet coffee, shakes, and soft drinks. There will be 25 TV's and 3 big screen for the sports enthusiast located throughout the dining area for viewing of major sporting event. A (12) camera security system will be installed for monitoring and video all areas of the establishment. There is a Security office located in the center for all the businesses and if required MVP Sports Grill will hire addition officers. Listed among the primary objectives for MVP Sports Grill is as follows: · Meet projected budget goals. · To capture and maintain the credibility of the community. · To establish MVP Sports Grill as a safe ai~d high quality family entertainment center. · Create job opportunity to those in Raneho Cueamonga community. MVP Sports Grill will be owned and managed by Michael and Angela Galaz with a staff of approximately 25 employees. If there is any question please call me at (909)899-8788. I look forward to meeting with you in regard to this proposal. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97-30 TO ESTABLISH AND LEGALIZE A RESTAURANT/SPORTS GRILL INCLUDING ON-SITE INDOOR AND OUTDOOR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 9,000 SQUARE FOOT LEASE SPACE IN THE REGIONAL COMMERCIAL DESIGNATION (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED WITHIN THE FOOTHILL MARKETPLACE SHOPPING CENTER AT 12809 FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-33. A. Recitals. 1. Michael Galaz has filed an application for the issuance of Conditional Use Permit No. 97-30, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 14th day of January and continued to the 1 lth day of February 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined. and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on January 14, and February 11, 1998, including written and oral staff repods, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to properly located at 12809 Foothill Boulevard and adjoins the main pedestrian plaza for the Foothill Marketplace shopping center; and b. The application applies to an existing sports bar that has been in operation at this location for nine months, with a closing time of 2:00 a.m., without complaint; and c. The property to the north of the subject site is designated for commercial uses and is developed with offices, a church, retail, and a service station; the property to the south consists of a Metropolitan Water District reservoir; the property to the east is developed with single family homes; and the property to the west consists of other lease spaces within the Foothill Marketplace shopping center; and d. The application contemplates indoor and outdoor live entertainment, karaoke, Dj music, dancing, amusement devices (arcade games, pool tables, dart boards. kids theate~play area), and on-site indoor and outdoor consumption of alcoholic beverages within an existing 9,000 · square foot lease space; and PLANNING COMMISSION RESOLUTION NO. CUP 97-30- MICHAEL GALAZ(MVP SPORTS GRILL)) FebMary 11,1998 Page 2 e. Restaurants serving alcoholic beverages; and/or providing entertainment am allowed in the Regional Commercial designation of the Foothill Bou~levard Specific Plan subject to review and approval of a Conditional Use Permit application; and f. The subject property is within a designaied Activity Center pursuant to the Foothill Boulevard Specific Plan; and g. The development of the sports bar is consistent with the Regional Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and h. The application, with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as:follows: a, The proposed use is in accord with' the General Plan, the objectives of the Development Code and the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located in that the use provides a neighborhood,/district level commercial service including commercial recreation activities. b. The proposed use, together with the .conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity because the applicant will implement a security system and certain site improvements to control activities related to the use; an'd c. The proposed use complies with e,ach of the applicable provisions of the Development Code and the Foothill BOulevard Specific ,Plan. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements Of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject io each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference: Planninq Division 1 ) All conditions of approval contained in the Resolution of Approval for Entertainment Permit 97-03 shall apply. 2) No outdoor serving of alcoholic beverages nor indoor and outdoor entertainment activities shall commence until proper approval is obtained from all other existing tenants in the Foothill Marketplace shopping center to the satisfaction of the City Planner. 3) The days and hours of operation shall be limited to between 9:00 a.m. and 2:00 a.m. Saturdays and Sunda~/s and 11:00 a.m. to 2:00 a.m. Monday through F.,day, PLANNING COMMISSION RESOLUTION NO. CUP 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 3 4) The areas designated for the outdoor serving of alcoholic beverages may be enclosed for security. Any security fencing shall be decorative wrought iron railing or similar decorative material and shall not conflict with pedestrian passage ways or other businesses. The specific type, design, and placement of any enclosure shall be subject to City Planner review and approval. 5) Outdoor furniture associated with the proposed outdoor dining and entertainment activities shall be limited to the number and location shown on the approved Site Plan, shall be designed to withstand high Santa Ana winds, and shall be consistent with the Foothill Marketplace design theme to the satisfaction of the City Planner. 6) Roof screening shall be provided on all sides to screen views of any new roofiop equipment if needed. The final design of the screen shall be reviewed and approved by the City Planner. 7) Approval is granted for a sports bar with indoor and outdoor live entertainment, D.J. music, karaoke, dancing, and amusement devices (arcade games, pool tables, dad boards, kids play area) as identified in Entertainment Permit 97-03 and on-site indoor and outdoor serving of alcoholic beverages. No adult entertainment is permitted. 8) If the operation of the business creates law enforcement and/or fire safety problems, such as, but not limited to, loitering and disturbances, noise, overcrowding, blocked fire exits, etc., the Conditional Use Permit shall be brought before the Planning Commission for consideration of modification and/or revocation. 9) A copy of this resolution and the resolution for Entertainment Permit 97-03 shall be attached to any lease for this space. 10) No person under 18 years of age may enter, be in, or remain in any pad of a game areade during the hours school is in regular session and after curfew. This limitation shall be prominently posted at the entrance of the facility, in letters not less than 1-inch in height, and shall be enforced by the adult supervisor. (11) The following levels of adult, 21 years of age or older, supervision shall be maintained at all times during business hours: 1-25 Amusement Devices: - 1 Adult Supervisor 26-50 Amusement Devices: - 2 Adult Supervisors 51 + Amusement Devices: - 2 Adult Supervisors, Plus I Uniformed Security Guard (12) Separate public restroom for men and women must be provided within the approved building and controlled. (13) An interior waiting area with seating facilities must be provided for patrons wishing to relax or wait for an amusement device to become PLANNING COMMISSION RESOLUTION NO. CUP 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 4 (14) Change-making or token exchange ;facilities shall be provided for patron use inside the premises. : (15) Adequate exterior lighting shall be iprovided for evening security adjacent to all entrances and exterior Walls of the building where the games are located. All lighting shall b,e arranged and shielded so as to eliminate excessive glare or reflection onto adjoining properties or businesses. (16) Access to the game area must be from the main entrance to the pdmary use and not from a separate extedor entrance. The rear exit shall be posted "Fire Exit Only." (17) Adequate interior clear space shall be provided for safe and convenient patron circulation and shall meet the following minimum standards: a) Adequate devices shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or podion of a building. b) Provide a minimum of 60 inches between amusement devices and any entrance or exit. c) Where amusement devices are located along one side of an aisle, provide a minimum unobstructed aisle width of 66 inches. Where amusement devices are located along both sides of any aisle, provide a minimum unobstructed aisle width of 90 inches. d) Additional interior clear space may be required by the Building Official, Foothill Fire District, or Sheriffs Department in order to maintain public safety. (18) Two parking stalls adjacent to the arcade shall be striped and designated for "bicycle only'' parking and provided with security bicycle racks to the satisfaction of the City Planner. They shall be installed within 60 days. (19) No amusement device shall be used for purposes of or in connection with gambling. The winning of anything of value shall constitute gambling. except the winning of a pri~e in a scheduled tournament. (20) No persons shall beperrnitted to enter~ be in, or remain in any part of the arcade while in the possession of, consuming, using or under the influence of any alcoholic beverage or drugs. This shall be prominently posted inside the arcade in letters not less than 1-inch in height and shall be enforced by the Adult Supervisor. (21) The wails, ceiling, or floor, or any combination thereof, of the building or structure, or podion thereof, shall be insulated or otherwise constructed so that no vibration that is detectable without the aid of any mechanical device or instrument will be allowed to be on the outer perimeter of the arcade. PLANNING COMMISSION RESOLUTION NO, CUP 97-30 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 5 (22) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinance in effect at the time a Certificate of Occupancy is granted. (23) This approval shall run with the applicant and shall become void upon a change of ownership or if the business operation ceases. (24) The parking lot shall be posted "No Loitering" in letters not less than 1-inch in height on signs to the satisfaction of the City Planner and Sheriff's Department. (25) Use shall not commence until such time as all conditions herain, Uniform Building Code and State Fire Marshal regulations have been complied with. The premises and the grounds shall be inspected for compliance prior to commencement of use. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY 1998. 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 11 th day of February 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENi STANDARD CONDITIONS PROJECT#: Conditional Use Permit 97-30/Entertainment Permit 97-03 SUBJECT: Sports Bar APPLICANT: MVP Sports Bar - Micahel Galaz:, LOCATION: 12809 Foothill Bouelvard ALL OF THE FOLLOWING CONDITIONS. APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits completion Date 1. Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 months from the date of approval. B. Site Development 1. The site shall be developed and maintained in accordance w~th the approved plans which include site plans, architectural elevations. exterior materials and celbrs, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein. Development Code regulations, and the Foothill Boulevard Specific Plan. 2. Prior to any use of the project site or business activity being Commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such tim, e as all Uniform Building Code and State Fire Marshal regulations have been complied with. 'Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for cbmpliance prior to occupancy. 4. Approval of this request shall not waive compliance with all ~ections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. SC * 6~97 Project NO. CUP 97-30/EP 97-03 ComDletion Date Shopping Centers 1. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants. bike racks, light bollards, etc., shall be utilized and be compatible with the amhitectural style and the Foothill Marketplace theme. Detailed designs shah be submitted for Planning Division review and approval prior to the issuance of building permits. 2. Graffiti shall be removed within 72 hours. 3. The tenant space exterior/outdoor dining and entertainment area shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 4. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an extedor noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the houm of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. D. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. E. Landscaping 1. All wails, fences, and railings shall be provided with decorative treatment. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. General Fire Protection Conditions 1. An automatic fire extinguishing system(s) will be required as noted below: Per Rancho Cucamonga Fire Protection District Ordinance 15. X Other: 1994 UBC. Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing, spray painting, flammable liquids storage, high piled stock, etc. Contact the Fire Safety Division to determine if sprinkler system is adequate for proposed operations. SC - 6/97 2 Project No. CUP 97-301EP 97-03 ComDletion Date 2. Sprinkler system monitoring shall be installed and operational immediately upon completion of sprinkler system. ~ 3. A fire alarm system(s) shall be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15. X California Code Regulations Title 24. × Other NFPA 101. 4. Special permits may be required, depending on intended Use. See attached list. 5. Plan check fees in the amount of $62.50 shall be paid: X Prior 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 a. ssessed upon submittal of plans. 6. Plans shall be submitted and appreved prior to construction in accordance with 1994 UBC, UFC, UPC, UMC, NEC, and RCFD Standards 22 and 15. G. Special Permits 1. Special permits may be required, depending on intended ~Jse, as noted below: a. Places of assembly (except churches, schools, andl other non-profit organizations). All requirements for exiting, fire, and life safety shall be addressed through Building Plan Check process. SC - 6/97 3 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 97-03, A REQUEST TO ALLOW ENTERTAINMENT INCLUDING, BUT NOT LIMITED TO, INDOOR AND OUTDOOR LIVE ENTERTAINMENT, KARAOKE, DJ MUSIC, DANCING, AMUSEMENT DEVICES (ARCADE GAMES, POOL TABLES, DART BOARDS, KIDS THEATER/PLAY AREA), AND ON-SITE INDOOR AND OUTDOOR CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 9,000 SQUARE FOOT LEASE SPACE IN THE REGIONAL COMMERCIAL DESIGNATION (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED WITHIN THE FOOTHILL MARKETPLACE SHOPPING CENTER AT 12809 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-33. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Michael Galaz has filed an application for the issuance of Entertainment Permit No. 97-03, as described in the title of this Resolution. Heroinafter in this Resolution, the subject Entedainment Permit request is referred to as "the application." 3. On the 14th day of January and continued to the 11 th day of February 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set fodh 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 January 14, and February 11, 1998, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 12809 Foothill Boulevard and adjoins the main pedestrian plaza for the Foothill Marketplace shopping center; and b. The application applies to an existing sports bar that has been in operation at this location for nine months, with a closing time of 2:00 a.m., without complaint; and c. The property to the north of the subject site is developed with offices, a church, retail, and a service station; the property to the south consists of a Metropolitan Water District reservoir; the properly to the east is developed with single family homes, and the property to the west consists of other lease spaces within the Foothill Marketplace shopping center; and PLANNING COMMISSION RESOLUTION NO. EP 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 2 d. Restaurants serving alcoholic bevera~ es and providing entertainment may be allowed in the Regional Commercial designation of the Foothill Boulevard Specific Plan subject to review and approval of a Conditional Use Perrail application; and e. The subject property is within a designated Activity Center pursuant to the Foothill Boulevard Specific Plan; and f. The development of the sports bar is consistent with the Regional Commercial designation of the Foothill Boulevard Specific Plan and the Commercial designation of the General Plan; and g. The application, with the following con¢itions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code. 3. Based upon the substantial evidence prosedted to this Commission during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as ~ollows: a. The conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; a, nd b. The premises or establishment is not li,kely to be operated in an illegal, improper or disorderly manner; and c. The applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in ,any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or ha~ not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years.; and d. Granting the application would not creaie a public nuisance; and e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent apadment complex; and f. The applicant has not made any false, misleading, or fraudulent statement of matedal fact in the required application. 4. This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set:fodh in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below: PLANNING COMMISSION RESOLUTION NO. EP 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 3 Planninq Division 1) This approval is only for a sports bar with indoor and qutdoor live entertainment, D.J. music, karaoke, dancing, and amusement devices (arcade games, pool tables, dart boards, kids play area). Any change of intensity or type of entedainment shall require a modification to this permit. 2) None of the entertainment activities approved heroin shall commence until proper approval is obtained from all other existing tenants in the Foothill Marketplace shopping center to the satisfaction of the City Planner. 3) The days and hours of operation shall be limited to between 9:00 a.m. and 2:00 a.m. Saturdays and Sundays and 11:00 a.m. to 2:00 a.m. Monday through Friday. Any expansion of hours shall require modification to this permit. 4) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 5) Extedor noise levels shall not exceed 65 dB dudng the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 6) Access to the Iounge/entedainment area must be from the main entrance to the pdmary use and not from a separate exterior entrance. Other exits shall be posted "'Fire Exit Only." 7) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to, noise, loitering, parking or disturbances, the Entedainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 8) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 9)This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. 10) A minimum of one duly licensed, certified or trained, and regularly employed security guard from a reputable secudty firm shall be required to be on the premises from 8 p.m. until the parking lot is cleared after the conclusion of any entertainment. The guard shall be in "peace officer' attire and shall remain on duty in the parking area and outside adjacent areas of the facility to aver problems such as loud noise, disorderly conduct from patrons or anyone in the parking lot. loitering activities, and any other nuisances or disturbances. PLANNING COMMISSION RESOLUTION NO. EP 97-03 - MICHAEL GALAZ (MVP SPORTS GRILL) February 11, 1998 Page 4 11 ) Noise shall not exceed City standards for; extedor noise in a commercial ZONe. J (12) Use shall not commence until such time as all conditions herein, Uniform Building Code and State Fire Marshal regulations have been complied with. The premises and the grounds shall be inspected for compliance prior to commencement of use. Buildina & Safety Division/Fire Prevention DiStrict 1 ) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for ~each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Division. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF iFEBRUARY 1998. PLANNING COMMISSION OF THE cITY OF RANCHO ~UCAMONGA BY: E. David Barker, Chairman A']']'EST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby cerlify 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 1 lth day of February 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: February 11, 1998 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Brent Le Count, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TIME EXTENSION FOR TENTATIVE TRACT 14405 - LEE - A request for an extension of a previously approved tentative tract map including design review for the development of 20 single family lots on 4.39 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of San Bemardino Road, east of Vineyard Avenue - APN: 208-091-08. Related File: Variance91-11 TIME EXTENSION FOR VARIANCE 91-11 - LEE - A request for extension of a previously approved variance to reduce the required rear lot depth from 90 to 65 feet for one lot within a proposed 20 lot subdivision in the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of San Bernardino Road, east of Vineyard Avenue - APN: 208-091-08. Related File: Tentative Tract 14405 BACKGROUND: Tentative Tract 14405 and Variance 91-11 were approved by the Planning Commission on December9. 1992. Since that time, the State granted automatic time extensions for several years during the recession. This extended the expiration of the subject Tentative Tract and Variance approval to December 9. 1997. Prior to expiration the applicant filed the subject extension request. ANALYSIS: According to Section 66452.6(e) of the Subdivision Map Act, the City may extend the time at which a tentative map approval expires by up to three years. However, the Planning Commission approval also included design review for construction of homes on the lots and a variance which allowed reduced lot depth for one of the proposed lots. Approval of the time extension would also apply to approvals for the design review and variance. The Development Code limits time extensions for design review and variance approvals to one year increments. Staff has analyzed the proposed time extension and compared the proposal with current development criteria outlined in the Development Code. Based on this review, the tract meets the development standards for the Low-Medium Residential District. ITEMS D & E PLANNING COMMISSION STAFF REPORT TT 14405 & VAR 91-11 - LEE February 11, 1998 Page 2 ENVIRONMENTAL ASSESSMENT: Part I ofthe Initial Siudy has been prepared by the applicant. Staff has completed Part II of the Environmental Checkl!st and found that conditions in the area have not changed appreciably since the tract received tentative approval December 9, 1992. Therefore, there should be no significant adverse environ~nental impacts on the site relative to the proposed tract or time extension. If the Commission concurs with staffs findings, issuance of a Negative Declaration would be in order. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices~were mailed to all property owners within a 300 foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission grant a one year time extension for the subdivision map and design review for Tentative Tract 14405 and Vadance 91-11 through adoption of the attached Reso!utions and issuance of a Negative Declaration. Respectfully submitted City Planner BB:BLC:mlg Attachments: Exhibit "A" Letter from Applicant Exhibit "B" Time Extension Letters dated October 12, 1993 and June 18, 1996 Exhibit "C" Site Utilization Map Exhibit "D" Site Plan Exhibit "E" Elevations Exhibit "F" Variance Letter and Map Exhibit "G" - Initial Study Part I1 Resolution of Approval; Tentative Tract Time Extension Resolution of Approval: Design Review Time Extension Resolution of Approval - Variance Time Extension RECEIVED DEC - 9 ~7 City o~ gancho Cucamanga Planning OMsion T H : C i fT v O D A N CHO C U CA >"[ O N C A October 12, 1993 Mr. Walter Hu 11655 Countryside Dr. Fontana, CA 92335 SUBJECT: Tentative Tract 14405 Dear Applicant: In response to California's ailing economy, the Subdivision Map Act was recently amended by Senate Bill 428. Thi~ bill extended by 24 months the expiration date of any~ tentative subdivision map that had not expired by Septem/Der 13, 1993. Said extension is in addition to any other extension as provided for in the Map ~ct. Therefore, your project is hereby extended pursuant to SB 428 as follows: File ~ New Expiration Date TT 14405 DeCember 9, 1996 SB 428 also extends any Conditional Use Permit or Development/Design Review application granted in conjunction with your tentative subdivision map. The extensions gTanted ~by SB 428 are automatic: no application for extension or fee is necessary. If you should have any questions please do not hesitate to contact this office at (909) 989-1861. Sincerely, COM3~JNITY DEVELOP~ENT DEPARTMENT PL DIVI~ __ Principal Planner DC:sp L1c.,/or Denn,s L. Stout ,~ CounolmemOer WILliam J, A[exonde; M,c,/or D:c-~em Charles J 5uauet II ~,~..:-i...j__..:'- / Co,jnc!lmen",~.et O,ane Jcck L~m. -'lOP. Cit,l ;.lenaget ~Z:'] Co,jnc~lmemoet Rex Gutletrez T H E C I T Y O F :[::2A NC:HQ CUCA?iQ NCA June 18, 1996 Charlie C. Liu, P.E. Focus Engineering 8 Corporate Park, Suite 300 INin. e, CA 92714 SUBJECT: TIME EXTENSION FOR TENTATIVE TRACT 14405 Dear Applicant: In response to the severe impact of the recession on developers, the Legislature recently amended the Subdivision Map Act by Assembly Bill 711 (Aguiar). This bill extends by 12 months the expiration date of any tentative subdivision and parcel map that had not expired on or before Mary 14, 1996. This extension is in addition to any other extension as provided for in the Map Act. Therefore, the new expiration date for your project is as follows: File ~ New Expiration Date: TF 14405 December 9, 1997 AB 771 also extends any Conditional Use Permit or DevelopmenUDesign Review application gran~:ed in conjunction with your tentative subdivision map. The extensions granted by AB 771 are automatic; no application for extension or fee is necessary. If you should have any questions, please do not hesitate to contact this office at (909) 477-2750. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION er City Planner BB:DC:mlg cc: Dan James, Senior Civil Engineer M.s'v'sr --,rs-"r:_m ~:~:< ;:[e,'rez'~,.j:~ / Co,jr'c]',,m-z-mb~r Jcmes V. C,Jrcmho PLAN 1 -,-.. ....:_ RANCHO, CUCAMONGA ,.~.Ac~- ~, 14405 WATER RESOURCES ", SUBDIVISION HYDRAULICS SURVEYING .,~Eu.~s WALTER W. H'U, Ph.D. DRA,HA~E CONSULTANT CIVIL ENGINEER Fontana. California 92335 (714) 685-5762 October 7, 1991 Mr. Steve Hayes Project Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 REf Variance application of Lot 7 of Tract No. 14405 Dear Steve: Tract No. 14405 is a development project of twenty single family housing lots from a parcel of vacant land. It locates at the north side of San Bernardino Road, opposite to the Thomas Winery Commercial Project. The land is in a sharp triangular shape with a fairly uniform slope from NW to SE. An offset cul-de-sac is ':hence necessary for designing the north corner of the triangle. The design will create a triangular Lot 7 which is not standard. I hereby apply for the City's approval of variance of said Lot 7. Please note that the average lot size of this tract is 6706 sq.ft. larger than the minimum net average of 6000 sq.ft. for LM zone. The size of Lot 7 is 8072 sq.ft., larger than the minimum net 5000 sq.ft. The Tentative Map is being submitted for your review. Sincerely, Walter W. Hu RCE 29954 2 -Car I ~ 5 - Car , .r ~ ~. ~ x ..<x ;.'~,.:~ ....-:.......',., >..-'~ 4, ; ~ ..<. "::: / ~; Plan ~x ,,/~ / s- c~, ZL~ + / zc ~s' ~ /"' ,,~ _ y / ~ ~/ ~ ~j~ . / o '~, · / ~7L'SF / :' "' / 70~Z SF " / . ~~ ~l-n ' ' se' } s~' I s~s' -f ~,' , ' . City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: ENVIRONMENTAL ASSESSMENT FOR TIME EXTENSION FOR TENTATIVE TRACT 14405 2. Related Files: Variance 91-11 3. Description of Project: ENVIRONMENTAL ASSESSMENT FOR TIME EXTENSION FOR TENTATIVE TRACT 14405 - LEE - A request for an extension of a previously approved tentative tract map including design review for the development of 20 single family lots on 4.39 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of San Bernardino Road, east of Vineyard Avenue - APN: 208-091-08 4. Project Sponsor's Name and Address: Jeff Lee 2208 North Edwards Avenue South El Monte, CA 91733 5. General Plan Designation: Low-Medium Residential 6. Zoning: Low Medium Residential (4-8 dwelling units per acre) 7. Surrounding Land Uses and Setting: Single family homes in the Low Residential District to the north and east, vacant land in the Office Park District to the west, and the Thomas Winery Plaza in the Special Commercial District of the Foothill Boulevard Specific Plan to the south. 8. Lead Agency Name and Address: City of Rancho Cucamonga Ptanning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: BrentLeCount ,~y.~; )~j EXHIBIT "G" Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFEC'T ED The environmental factors checked below would be poteptially affected by this project, involving at least one impact that is "Potentially Significant Impact!" "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impabt" as indicated by the checklist on the following pages. ( ) Land Use and Planning ( ) Transportation/Circulation ( ) Public Services ( ) Population and Housing ( ) Biological Resources ( ) Utilities and Service Systems (v') Geological Problems ( ) Energy and Mineral Resources ( ) Aesthetics ( ) Water ( ) Hazards ( ) Cultural Resources ( ) Air Quality ( ) Noise ( ) Recreation ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (v') I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. ( ) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to p ~ject, or the r agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be p!epared. ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is requiredE ( ) I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addres,sed by mitigation measures based upon the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." An ENVIRONMENTAL IMPACT REPORT is required; but must analyze only the effects that remain to be addressed. ( ) I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Brent Le Count, AICP Associate Planner January 20, 1998 Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 3 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact." "Potentially Significant Impact Unless Mitigation Incorporated," and "Less Than Significant Impact" answers including a discussion of ways to mitigate the significant effects identified. 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ( ) ( ) ( ) (v') b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) ( ) ( ) (v') c) Be incompatible with existing land use in the vicinity? ( ) ( ) ) (v') d) Disrupt or divide the physical arrangement of an established community? ( ) ( ) ) (v') 2. POPULATION AND HOUSING. Would the proposal a) Gumulatively exceed official regional or local population projections? ( ) ( ) ( ) (v') b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) ( ) ( (v') c) Displace existing housing, especially affordable housing? ( ) ( ) ( (v') 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) ( ) ( ) (V) Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 4 b) Seismic ground shaking? ( ) ( ) ( ) (v') c) Seismic ground failure, including liquefaction? ( ) ( ) ( ) (v') d) Seiche hazards? ( ) ( ) (v') e) Landslides or mudflows? ( ) ( ) (v') f) Erosion, changes in topography, or unsta,ble soil conditions from excavation, grading, or fill? ( ) ( ) (V') g) Subsidence of the land? ( ) ( ) (v') h) Expansive soils? ( ) ) ( ) (v') i) Unique geologic or physical features? ( ) ) ( ) (v') Comments: General Plan Figure V-4 Geotechnical Hazards indicates that the Red Hill Fault Zone runs through the project site. A Geologic Investigation was performed to determine whether any actual fault lines are present. The report, prepared:by Leighton and Associates dated June 7, 1990, concluded that there are no traces of the Red Hill Fault trending through the site. 4. WATER. Will the proposal result in: a) Changes in absorption rates, drainage pa~erns, or the rate and amount of surface water ru'noff? ( ) ( ) ( ) (t/) b) Exposure of people or property to water related hazards such as flooding? ( ) ( ) ) c) Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? ( ) ( ) ) (v') d) Changes in the amount of surface water in any water body? ( ) ( ) ( ) e) Changes in currents, or the course or direction of water movements? ( ) ( ) ( ) (V) Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 5 f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) ( ) (V') g) Altered direction or rate of flow of groundwater? ( ) ( ) (v') h) Impacts to groundwater quality? ( ) ( ) (v') i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) ( ) 5. AIR QUALITY. Would the proposah a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) (v') b) Expose sensitive receptors to pollutants? ( ) (v') c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) (v') d) Create objectionable odors? ( ) ) 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) ( ) (v') b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( ) (~/) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) ( ) ( ) (v') Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 6 Issues and Supporling Information Sources: S~mn;'a~nt I S"l~mn~a~nt Im~°a f) Conflicts with adopted policies supporting, alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) ( ) ( ) (v') g) Rail or air traffic impacts? ( ) ( ) ( ) (v') 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened; or rare species Or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? ( ) ( ) ( ) (~/) b) Locally designated species (e.g., heritage:trees, eucalyptus windrow, etc.)? ( ) ( ) ( ) c) Locally designated natural communities (e.g., eucalyptus grove. sage scrub habitat, etc.)? ( ) ( ) (v') d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( ) ( ) e) Wildlife dispersal or migration corridors? ( ) ( ) (v') 8. ENERGY AND MINERAL RESOURCES. Would.the proposah a) Conflict with adopted energy conservation plans? ( ) ( ) (v') b) Use non-renewable resources in a wasteful and inefficient manner? ( ) ( ) (V') c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) ( ) (f) Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 7 Potentially Significant 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? ( ) ( ) ( ) (~/) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) ( ) ( ) c) The creation of any health hazard or potential health hazard? ( ) ( ) ( ) (v') d) Exposure of people to existing sources of potential health hazards? ( ) ( ) ( ) (~/) e) Increased fire hazard in areas with ~ammable brush, grass, or trees? ( ) ( ) ( ) (v') 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? ( ) ( ) ( ) (v') b) Exposure of people to severe noise levels? ( ) ( ) ( ) (v') 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ( ) ( ) (v') b) Police protection? ( ) ( ) ( ) (V') c) Schools? ( ) ( ) ( ) (~/) d) Maintenance of public facilities, including roads? ( ) ( ) ( ) (v~) e) Other governmental services? ( ) ( ) ( ) (v') Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 8 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal resuff in a need for new systems or supplies or substantial alterations to the following utilities: a) Power or natural gas? ( ) ( ) b) Communication systems? ( ) ( ) (V) c) Local or regional water treatment or distribution facilities? ( ) ( ) (~) d) Sewer or septic tanks? ( ) ( ) e) Storm water drainage? ( ) ( ) (V) 0 Solid waste disposal? ( ) ( ) g) Local or regional water supplies? ( ) 13. AESTHETICS. Would the proposal.' a) Affect a scenic vista or scenic highway? ( ) ( ) ( ) (v') b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (v') c) Create light or glare? ( ) ( ) ( ) Potentially Unless ?mn~a~nt Im~Oa 14. CULTU~L RESOURCES. Would the proposah a) Disturb paleonto~ogical resources? ( ) ( ) b) Disturb archaeological resources? ( ) ( ) (~) c) Affect historical or cultural resources? ( ) ( ) (~) d) Have the potential to cause a physical cha~ge which would affect unique ethnic cultural values? ( ) ( ) (~) e) Restrict existing religious or sacred uses within the potential impact area?, ( ) ( ) ( ) (~) J Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 9 ,.._ .. s..=. ,.,--,o. so.,-.: ,:;:,; t5. RECREATION. Would the proposah a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ( ) ( ) (~/) b) Affect existing recreational opportunities? ( ( ) ( ) (v') 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels. threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ( ) ( ) (v') b) Short term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time. Long-term impacts will endure well into the future.) ( ) ( ) c) Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? CCumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects. the effects of other current projects, and the effects of probable future projects.) ( ) ( ) ( ) (~/) d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ( ) ( ) ( ) (t,/) Initial Study for City of Rancho Cucamonga Tentative Tract 14405 - Lee Page 10 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an~ earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above fort,his project were within the scope of and adequately analyzed in the following earlier document(s~ pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this !nitial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): General Plan EIR (Certified April 6, 1981) (v') Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (v') Negative Declaration for Tentative Tract 14405, certified December 10, 1992. APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the prqposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Signature: Date: Print Name and Title: City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Time Ext. for TT 14405 Public Review Period Closes: February 11, 1998 Project Name: Project Applicant: Jeff Lee Project Location (also see attached map): Located on the north side of San Bernardino Road, east of V~neyard Avenue * APN: 208-091-08. Project Description: A request for an extension of a previously approved tentative tract map including design review for the development of 20 single family lots on 4.39 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre). Related File: Variance 91-11. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: [] The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. [] The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declarafion was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. tf adopted, the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding am included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. February 11, 1998 Date of Determination Adopted By RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED TENTATIVE TRACT MAP FOR THE DEVELOPMENT OF 20 SINGLE FAMILY LOTS ON 4.39 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF SAN BERNARDINO ROAD, EAST OF VINEYARD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-091-08. A. Recitals. 1. Jeff Lee has filed an application for the extension of the approval of Tentative Tract Map No. 14405, as described in the title of this Resolution. Hereinafier in this Resolution, the subject Tentative Tract Map time extension request is referred to as "the application." 2. On December 9, 1992. this Commission adopted its Resolution No. 92-147, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 14405. 3. On the 1 l th day of February 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public headrig on February 11, 1998, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Tract Map is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Tentative Tract Map approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Tentative Tract Map approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State law and local ordinance 3. 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 fo.ows: b '* PLANNING COMMISSION RESOLUTION NO. TT 14405 - LEE February 11, 1998 Page 2 a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and :the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the IKitial Study prepared therefore reflect the independent judgment of the Planning Commission; and, f(~dher, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project. no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: ,.in considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Furlher, based upon substantiaJ 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-1-d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set fodh in paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for: Tract Applicant Expiration Tentative Tract 14405 : Jeff Lee December 9, 1998 5. The Secretary to this Commission shall certify to the adoption of this Resolution, APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY 1998. PLANNING COMMISSION OF THE CITY OF RANCHO OUCAMONGA 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 1 lth day of February 1998, by t~e following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: D ~ '1.~, ~75 - RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED DESIGN REVIEW FOR TENTATIVE TRACT NO. 14405 FOR THE DEVELOPMENT OF 20 SINGLE FAMILY LOTS ON 4.39 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF SAN BERNARDINO ROAD, EAST OF VINEYARD AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-091-08. A. Recitals. 1. Jeff Lee has filed an application for the extension of the approval of the Design Review for Tentative Tract Map No. 14405, as described in the title of this Resolution. Hereina~er in this Resolution. the subject time extension request is referred to as "the application." 2. On December 9, 1992, this Commission adopted its Resolution No. 92-148, thereby approving, subject to specific conditions and time limits, the Design Review for Tentative Tract No. 14405. 3. On the 1 lth day of February 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public headng on February 11, 1998, including written and oral staff reports, together with public testimony. this Commission hereby specifically finds as follows: a. The previously approved Design Review is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Design Review approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Design Review approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State law and local ordinance PLANNING COMMISSION RESOLUTION NO. DR FOR TT 14405 - LEE February 11, 1998 Page 2 3. Based upon the findings and conclusions set forth in paragraphs I and 2 above, this Commission hereby grants a time extension for: Design Review Applicant Expiration Tentative Tract 14405 Jeff Lee December 9, 1998 6. The Secretary to this Commission shall cedify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF: FEBRUARY 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker. Chairman A'I'I'EST: Brad Buller, Secretary I, Brad Bu[ler, 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 11 th day of February 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR EXTENSION OF A PREVIOUSLY APPROVED VARIANCE TO REDUCE THE REQUIRED REAR LOT DEPTH FROM 90 TO 65 FEET FOR ONE LOT WITHIN A PROPOSED 20 LOT SUBDIVISION IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE NORTH SIDE OF SAN BERNARDINO ROAD, EAST OF VINEYARD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-091-08. A. Recitals. 1. Jeff Lee has filed an application for the extension of the approval of Variance 91-11, as described in the title of this Resolution. Hereinafier in this Resolution, the subject Variance time extension request is referred to as "the application." 2. On December 9. 1992, this Commission adopted its Resolution No. 92-149, thereby approving, subject to specific conditions and time limits, Variance 91-11. 3. On the 11th day of February 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on February 11, 1998, including wdtten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The previously approved Variance is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Variance approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and c. The extension of the Variance approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State law and local ordinance PLANNING COMMISSION RESOLUTION NO. VAR 91-11 - LEE February 11, 1998 Page 2 3. Based upon the findings and conclusions set forth in paragraphs I and 2 above, this Commission hereby grants a time extension for: ~ Application Applicant Exoiration Variance 91-11 Jeff Lee December 9, 1998 4. The Secretary to this Commission shalI cedi.,fy to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY 1998. PLANNING COMMISSION OF THE CITY OF RANCHO:CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Plannin~ 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 1 lth day of February 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF KANCHO CUCAMONGA STAFF REPORT DATE: February 11, 1998 TO: Chairman and Members of the Planning Commission FROM: Dan James, Senior Civil Engineer BY: Maria E. Perez, Assistant Engineer SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP t 5083 - KARUBIAN - A subdivision of 10.06 acres of land into 2 parcels in the Minimum Impact Heavy Industrial District of the Industrial Area Specific Plan (Subarea 9), located on the south side of Jersey Boulevard between White Oak Avenue and Milliken Avenue - APN: 209-143-29. Staff has prepared an Environmental Notice of Exemption for consideration. Related File: Design Review Permit 95-02. pROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of the proposed Tentative Parcel Map as shown on Exhibit B. Surroundin~ General Plan Designations and Zonim,: Minimum Impact Heavy Industrial (Subarea 9 of the Industrial Area Specific Plan). North - Vacant - Minimum Impact Heavy Industrial (Subarea 9 of the Industrial Area Specific Plan) South - Metro Link Station - Minimum Impact Heavy Industrial (Subarea 9 of the Industrial Area Specific Plan) East - Industrial - Minimum Impact Heavy Industrial (Subarea 9 of the Industrial Area Specific Plan) West - Industrial - Minimum Impact Heavy Industrial (Subarea 9 of the Industrial Area Specific Plan) D. te~: The property is situated on the south side of Jersey Boulevard between White Oak Avenue and Milliken Avenue. ITEM G PLANNING COMMISSION STAFF REPORT PARCEL MAP 15083 - KARUBIAN February 11, 1998 Page 2 ANALYSIS The parcel map will create two lots. Parcel 1 has two app~oved buildings currently in construction. Parcel 2 will be vacant but is approved for two industria! buildings with DR 95-02. Full frontage improvements will be required along Jersey Boulevard. The area is also required to detain a portion of the developed flow onsite. ENVIRONMENTAL REVIEW The applicant completed Part I of the Initial Study with the application for Design Review 95-02. Staff has concluded that the site is exempt pursuant to the California Environmental Quality Act (CEQA), Categorical Exemptions, Section 15315, Class 15, Part II of the Initial Study is not required. Therefore, staff has prepared an environmental Notice of Exemption for consideration. CORRESPONDENCE Notices of Public Hearing have been sent to surrounding property owners and placed in the Inland Valley Daily Bulletin. Posting at the site has also been completed. RECOMMENDATION It is recommended that the Planning Commission consider, all input and elements of Tentative Parcel Map 15083. If after such consideration, the Commission can recommend approval, then adoption of the attached Resolution and approval of the environmental Notice of Exemption would be appropriate. Respectfully submitted, Senior Civil Engineer DJ:MEP:dlw Attachments: Exhibit "A" - Vicinity Map Exhibit "B" - Tentative Map Environmental Notice of Exemption Resolution and Recommended Conditions of Approval ~.~ ~ . .: CITY 0F RANCH0 CUCAMONGA ITEM: TENTATIVE ENGINEERING~D!VISION TITLE: P~CEL ~ 15083 EXH~iT: "B" NOTICE OF EXEMPTION TO: X Clerk of the Board FROM: City ofRancho Cucamonga San Bemardino County P.O. Box 807 Auditor/Controller-Recorder RanchoCucamonga, CA 91729 222 W. Hospitality Lane San Bernardino, CA 92415-0018 ATTN: Engineering Division Tentative Parcel Ma_t~ No. 15083 Project Title South side of Jersey Boulevard east of White Oak Avenue Project Location - Specific Rancho Cucamonga San Bernardino Project Location - City Project Location - County A subdivision o.f 10.06 acres of land into 2 parcels to be developed with four industrial building Description of Nature, Purpose, and Beneficiaries of Project City of Rancho Cucamonga Name of Public Agency Approving Project City of Rancho Cucamonga Name of Person or Agency Carrying Out Project Exempt Status: (Check One) Ministerial (See. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (See. 15071 (b) and (c)) X Categorical Exemption. State type and section number. California Environmental Qualitv Act. Section 15315. Class 15 Reasons why project is exempt: Maria E. Perez 909 477-2740 2314 Contact Person Area Code Telephone Extension If filed by applicant: 1. Attach certi~ed document of exemption ~nding. 2. Has a notice ofexemption been filed by the public agency approving the project? Yes__ No Date Received for Filing E. David Baker Planning Commission Chairman Title RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NUMBER 15083, LOCATED ON THE SOUTH SIDE OF JERSEY BOULEVARD EAST OF WHITE OAK AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-143-29 WHEREAS, Tentative Parcel Map Number 15083, submitted by Mr. Ralph Karubian, applicant for the purpose of subdividing into 2 parcels, the real property situated in the City of Rancho Cucamonga, County of 8an Bemardino, State of California, identified as APN: 209-143-29, located on the south side of Jersey Boulevard east of White Oak Avenue; and WHEREAS, on Februar~ 11, 1998 the Planning Commission held a duly advertised public hearing for the above-described map. NOW THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS FOLLOWS: SECTION 1: That the following findings have been made: 1. That the map is consistent with the Industrial Area Specific Plan and the General Plan. 2. That the improvement of the proposed subdivision is consistent with the Industrial Area Specific Plan and the General Plan. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage or public health problems or have adverse effects on abutting propedies. SECTION 2: Based upon the facts and information of the California Environmental Quality Act (CEQA), the Planning Commission can approve the environmental Notice of Exemption based upon the findings as folloW: 1. That the site is exempt pursuant to the California Environmental Quality Act, Categorical Exemptions, Section 15315, Class 15, which states the following: Consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. SECTION 3: Tentative Parcel Map Number 15083 is hereby approved subject to the attached Standard Conditions and the following Special Conditions: PLANNING COMMISSION RESOLUTION NO. PARCEL MAP 15083 - KARUBIAN February 11, 1998 Page 2 Buildinq and Safety 1. A yard agreement, prepared to the satisfaction of the Building Official, shall be recorded prior to the issuance ~f building permits. 2. Redesign the approved water system to ~ccommodate the proposed lot split prior to the issuance of building permits. 3. A reciprocal drainage easement with maintenance agreement shall be recorded with the Parcel Map. EnQineerinc~ 1. Existing overhead utilities: a. The existing overhead utilities (telecommunication and electrical) on the project side of Jersey Boulevard shall be undergrounded along the entire project frontage exfending to the first pole off-site (east and west), prior to public~ improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost of the undergrounding from future development as it occurs on the opposite side of the street. If the developer fails to submit said reimbursement agreement within six months of the public improvements being accepted by the City. all rights of the developer to reimbursement shall ,terminate. b. An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (66kV ,communication lines) on the opposite side of the A.T.&S.F. railroad right-of-way shall be paid to the City prior to the issuance of building permits. The amount shall be one-half the City adopted unit amount times the length of the project frontage. 2. R26 "No Parking Anytime" signs shall be installed on the street light standards or posted along the Jersey Bou, levard frontage in accordance with City Standards. 3. A non-refundable deposit shall be paid to the City, covering the estimated cost of operating all street lights during the first six months of operation, prior to issuance of building permits. 4. Drainage/flood protection facilities shall be. provided for the project area to the satisfaction of the City Engineer as follows: a. The runoff (Q100) from the site shall not exceed the capacity of the existing public storm drain system to the south. The amount of on-site retention shall be base'd on a proration of available capacity on a per acre basis for th'e area tributary to the cul-de- sac at the south end of White Oak Avenue (Vincent Avenue), just north of the A.T. &S.F. railroad main line. Reference the hydrology/hydraulic study prepared for parcel Map 12959 on the southeast corner of Arrow Route and White Oak Avenue. PLANNING COMMISSION RESOLUTION NO. PARCEL MAP 15083 - KARUBIAN February 11, 1998 Page 3 b. Easements shall be delineated and inundation rights dedicated by means of a separate document. c. No public water shall be tributary directly to the inundation areas. d. In automobile and truck parking and maneuvering areas, ponding depths shall not exceed 12 inches and 18 inches, respectively, and shall not exceed 6 inches for more than 4 hours. APPROVED AND ADOPTED THIS 11TH DAY OF FEBRUARY 1998 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Buffer, 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 1 lth day of February 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA STANDARD CONDITIONS ~OF APPROVAL TENTATIVE PARCEL MAPiNO. Those item,s checked are Conditions of AnnrovaL A. Dedications and Vehicular Access __ 1. Rights-of-way and easements shall be dedicated to the City, for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance and public drainage facilities as shown on the plans and/or tentativ~ map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shah be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way for the perimeter streets (measured from street centerline): total feet on total feet on ~ total feet on total feet on 3. An irrevocable offer of dedication for roadway purposes shall be made for the private streets. __ 4. Comer property line cutoffs shall; be dedicated per City Standards. __ 5. Vehicular access rights shall be dedicated to the Ci~ for the following streets, except for approved openings: ,/~ 6. Reciprocal access easements shall be provided ensuring access to all parcels by C C & R's or by deeds and shall be recorded prior to or concurrent with the final p, arcel map. X 7. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall b9 provided by C C & R's or deeds and shall be recorded prior to or concurrent with the final parcel map. 8. All existing easements lying within future right-of-way are to be quitclaimed or delineated on the final parcel map per the City Engineer's requirements. 9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. 10. Privatedrainageeasementsf~rcr~ss~l~tdrainagesha~~b.epr~videdandsha~~bede~ineated~rn~ted~nthe final parcel map. I I. Additional street right-of-way shall be dedicated along right rum lanes, to provide a minimum of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right mm lane, a parallel street tree easement shall be provided. 1 12. The developer shall make a good faith effort to acquire the required off-site properly 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 parcel map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection · . with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited, to: B. Street |morovements 1. All public improvements, (interior streets, drainage faciEities, community trails, paseos, landscaped areas, etc. ) shown on the plans and/or tentative map shall be constr~cted to City Standards. Interior s~'eet improvements shall include, but are not limited to, curb and gu~er, AC pavement, 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 half-section streets. __ 3. Construct the following missing perimeter street improvements including, but not limited to: Street ~'ame Curb AC Side- Drive Street Sb',~et Cornre. Median Bike Offier & Pvmt walk Appr. Lights Trees Trail Island Trail Guner I Noles: (a) Nledi~ Island includes landscaping ~d i~igation on meter. (b) Pavement reconstruction ~d overlays will be dete~ined du~ng plan check, (c) I[$o m~ked, sidewalk will be cun'ilinear per STD. ~ 114. (d) If so m~kcd, an in*lieu of construction fee shall be provided for ~is item. 2 ~/ 4. Improvement Plans and Construction: ' ' a. Street improvement p including street ~'ees, street lights and intersection safety lights on future signal poles, and traffic signal plans shall be preparld by a registered Civil Engineer and 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 Attom'ey guaranteeing completion of the public and/or private street improvements. prior to final parcel map approval. b. Prior to any work being performed in the public right-of-way, fees shall be paid and a constr~ction permit shall be obtained from the City Engineer's offic~ in addition to any other permits requ red c. Pavement s~-iping, marking, traffc signing, stteet name signing, ~afbc signal conduit, and interconnect conduit shall be installed to the satisfaction of the City ~ngineer. d. Signal conduit with pull boxes shall be installed wit~ any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shah be placed on both sides of the s~'eet at 3 feet outside of BCR, ECR or any other locations approved by the City Engineer. e. Handicapped access ramps shall be installed on a[I comers of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remainSopen to ttaffc at all times with adequate detours during construction. Street or lane closure permits ~ra required. A cash deposit shall be provided to cover the cost of grading and paving, ',vhich shall be refunded :upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks.: Under sidewalk drains shall be installed to City Standards. except for single family residential Iot~. h. Street names shall be approved by the City Planner p,rior to subminal for first plan check. 5. Street improvement plans per City Standards for all p~ivate streets shalI be provided for review and approval by the City Engineer. Prior to any work berg performed on the private streets, fees shall be paid and construction permits shall be obtained from the City Engineer'sI 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. 7. Intersection line of sight designs shall be reviewed by the CiW Engineer for conformance with adopted policy. On collector or larger street, lines of sight shall be 'pinned for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 8. A Permit shall be obtained from CALTRANS for any wQrk within the following right-of-way: 9. All public improvements on the follo~ving streets shall be onerationally complete prior to the issuance of building permits. 3 C. Public Maintenance Areas I. 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 parcel map approval The following landscaped parkways, medians, paseos, easements, ~ails, or other areas shall 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 prior to final parcel map approval. Formation costs shall be borne by the developer. 3. All required pubIic landscaping and h'rigation systems shall be continuously maintained by the developer until accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan: D. Drainage and Flood Control I. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2. it shall be the developer'$ responsibility to have the current FIRM Zone designation removed from the project area. The developer's engineer shall prepare a I necessap,' reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shal[ be obtained from FEMA, prior to final parcel map approval. A Lener of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs firsL 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final parcel map approval. All drainage facilities shall be installed as required by the City Engineer. 4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 5. A permit from the San Bemardino County Flood Control District is required for work within it's right-of- way. __ 6. 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 trank. 7. Public storm drain easements shall be graded to convey' overflows in the event of blockage in a sump catch basin on a public street. 4 E. Improvement Comnletion I. If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: __ 2. If the required public improvements are not completed prior to approval of the final parcel map, an improvement certificate shall be placed upon the final parce, l map, stating that they will be completed upon development for: F. Utilities __ 1. Prov de separate ut tv serv cos to each parce including sanitary sewerage system, water, gas, electric power, telephone and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. Water and sewer plans shall be designed and constTucted to meet requirements of the Cucamonga County Water District (CCW'D), Rancho Cucamonga Fire ProteCtion District, and the Environmental Health Depara'nent of the County of San Bemardino. A letter of compliance from CC%VD is required prior to final parcel map approval. 3. Approvals have not been secured from all utilities and tither interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 4. The developer shall be responsible for the relocation of existing utilities as necessarT. G. General Requirements and Annrovals [. The tentative map approval is valid for the 24 month period following the approval date. Time extensions may be granted by the Planning Commission, if requested pr, ior to the expiration date. __ 2. Final grading plans for each parcel shall be as required by the Building and Safety Division prior to issuance of grading permits. __ 3. A copy of the Covenants, ConditiOns, and Restrictions .(C C & R's) approved by the City Attorney is required prior to approval of the final parcel map. 4. An easement for a joint use driveway shall be provided prior to final parcel map approval for: 5. Prior to approval of the final parcel map a deposit shall be~posted with the Ci~ covering the estimated cost of apportioning the assessments under Assessment District ! , among the newly created parcels. 6. A non-refundabie deposit sha be paid to the City, covering the estimated onerating costs for all new street lights for the first 6 months of operation, prior to final ~arce[ map approval. 5 7. Prior to finalization of any development phase, sufficient improvement plans shall be compIeted beyond the phase boundaries to assure secondary access and chainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shov,~ on the approved tentative map. 8. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to Final pro-eel map approval. 9. Permits shall be obtained from the following agencies for work within their right-of-way. 10. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities District shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne by the developer. 11. Prior to recordation of the final parcel map. the applicant shall consent to, or participate in, the establishment ofa Mello-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 D strict, 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 parcel map. 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 the recurclarion of the final parcel map for said project, this condition shall be deemed null and void. This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered nto an agreement to privately accommodate any and all school impacts as a result of this project. 12. Me l~R~~sC~mmunity Fa~i~itiesDistrictrequirementsf~rtheRan~h~Cu~am~ngaFire~r~te~ti~nDistri~t shall apply to this project. 13. Pursuant to provisions of California Resources Code Section 21089(b), this application shall not be operative, vested or final, nor will building permits be issued or a map recorded, until (1) the Notice of Determination (NOD) regarding the associated envkonmental action in filed and posted with Clerk of the Board of Supervisors of the County of San Bernardino; and (2) any and all required handling charges, are paid to the County Clerk of the County of San Bernardino. The applicant shall provide the Engineering Department with a stamped and copy of the NOD together with a receipt showing that all fees have been paid. In the event this application is determined exempt from such filing fees pursuant to the provision of the California Code, or the guidelines promulgated thereunder, except for payment of any required handling charge for filing a Certificate of Fee Exemption, this condition shall be deemed null and void. Rev. 10/14/96 6 F~b-lO-g8 O6:O1P P.02 MEMO To: Brad Btdler uste** February l O, 1998 City Planner From: Jack Masi Masi Commcrcc Center Partners Zone Amendment - Auto Service Court Dear Brad: We request that the Planning Commission heating on the abovc-rel:erenced matter be withdrawn from the Wednesday, February 1 lIh calendar and postposed one month. If possible, wc request that it be re-scheduled to the March 11, 1998 Planning Commission hearing. My re~-son Ibr the request is that I would like to finish certain outstanding conditions of development that are associated with the first phase of development bat that are not complete as yet. 1 recognize the c,nccms of the Plmming Commission in this regard and I I~el I must address these concerns m their satisfactioll until I proceed further on this matter. ack Masi 871 Foothill Boulevard, Rancho Cuc,,~nonga 91730 Telephone: 909481-5020 · Faz ~0g-481-5025 /-/ CITY OF RANCHO CUCAIVIONGA ' STAFF REPORT DATE: February 11, 1998 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 98-01 MASI COMMERCE CENTER PARTNERS - A request to amend the definition of Auto Service Court within the Industrial Area Specific Plan. BACKGROUND: On January 14, 1998, the Planning Commission considered the applicant's request to amend the definition of the Auto Service Court. After discussing the merits of the proposed changes, the Commission, on a 3-1-1 vote, directed the applicant to proceed with the submittal of an amendment application for further study and review. The applicant has submitted such an application and paid the appropriate fees. Attached for the Commission's reference is Exhibit "B", a copy of the January 14, 1998, Planning Commission staff report and draft minutes. ANALYSIS: A. Applicanrs proposal: At the January 14, 1998, Planning Commission meeting, Mike Scandiffio of Masi Commerce Center Partners, proposed to expand the acreage for the Auto Service Court and expand the definition to include more auto-related types of services such as auto detailing, auto sales, lease or rental, and auto body work and painting. With the formal Specific Plan Amendment application, he has modified his proposal to expand the acreage from 4 to 6 acres only and not to expand the definition of adding more auto-related types of services. Attached is Exhibit "A" that shows his current proposed changes. B. Evolution of the Desiqn of Masi Plaza and the Current Development Status: A review of the history and evolution of Masi Plaza may assist the Commission in understanding and considering the proposed Specific Plan Amendment. The following summarizes the evolution of Masi Plaza: 1. Evolution of the Master Plan for Masi Plaza: In July of 1992, the Commission conditionally approved a Master Plan (CUP 91-24) for Masi Plaza, a mixed use ITEM H PLANNING COMMISSION STAFF REPORT ISPA 98o01 - MASI COMMERCE CENTER PARTNERS February 11, 1998 Page 2 development comprised of 32 buildings. totaling 268,900 square feet. The approval also included an amendment to the Industrial Area Specific Plan that established the Auto Service Coud as a land use category within Subarea 7 of the Specific Plan. There were three main components in the Master Plan; the Auto Service Court at the west end of theesite, the 18-acres plus of a mixed use center at the southwest quadrant of Foothill Boulevard and Rochester Avenue (consisting of restaurants, including a drive through, and multi-tenant retail and office users), and the industrial center at the southern portion of the site, as shown in Exhibit "C ." In December of '1993, the City Planner reviewed and approved minor changes to Buildings 1,through 4, and 6 through 13, which involved refinements to improve and enhance the parking area, the elevations, and the floor plans. The design of the Master Plan remained intact as originally approved. In January of 1994, the Commission approved a specific Design Review (DR 93-19) on Buildings 5, 14, 15, and 16. Building 5 was originally designed as the Old Spaghetti Factory, which eventually found another site in the City. This version of the Master Plan consolidated the smaller industrial buildings along the north side of !'Sebastian Way. In April of 1994, the City Council amended the General Plan and the InduStrial Area Specific Plan to establish a Recreational Commercial Land Use category (Exhibit "F") which encourages development of recreation facilities and allows region-serving specialty retail uses such as sporting goods, apparel, ~lectronics, furniture, and appliances. Sizes range from 3,500 to 55,000 square ,feet of floor area for the 27-acre Masi Plaza. The City Council also expanded tl~e definition of the Auto Service Court. At that time, the applicant requested a modification to the southern portion of the Master Plan for development of a multi-screen theater, a roller rink, and two ice rinks. The Commission conditionally approved the Master Plan modification (CUP 94-26) in January of 1995, as shown in Exhibit "D." Both versions of the Master Plan, the Industrially oriented :(CUP 91-24) and the Commercial Recreational oriented (CUP 94-26) are valid. The applicant has the opportunity to exercise either one or a combination of them. 2. Status of Current DeveloDment in Masi Plaza: The construction of Masi Plaza began in 1996. Jack-in-the-Box was the first building completed in 1996. The Auto Service Court with Mobil Gas station, Texaco Express Lube, Goodyear Tire, and two other auto repair buildings were completed and occupied in 1997. Also completed in 1997, were Denny's and two multi-tenant buildings (4 and 7). Popeye's Chicken and the Frame Gallery occupy portions of Building 4 with two other restaurants presently doing interior improvements. Several tenants have begun interior improvements in Building 7, namely, a dental office, a cafe, a florist shop, and a liquor/deE Under construction at this time are Buildings 13 and 14. The hardscape and the metal trellis within the Vintner's walk are PLANNING COMMISSION STAFF REPORT IASPA 98-01 - MASI COMMERCE CENTER PARTNERS February 11, 1998 Page 3 completed. However, the historic art works have not been installed. Exhibit 'T' lists the outstanding items within Masi Plaza and their status. C. Evolution of and the Proposed Changes to the Definition of Auto Service Court: The Auto Service Court land use category was added to Subarea 7 in the Industrial Area Specific Plan in 1992 and the definition was expanded in 1994 to include maximum acreage and several development and design criteria and as shown in Exhibit "F." Both amendments were requested by the applicant at that time. In August of 1994, at the direction of the City Council to streamline the planning process, the Auto Service Court land use category was added to eight other subareas in the Specific Plan, Subareas 1 through 4, 8, 11, 12, and 13. Staff believes that the proposed increase in size from 4 to 6 acres is acceptable. Because this land use category can occur in eight other Subareas within the Specific Plan boundary, staff recommends adding criteria to strengthen the design of an auto service court. Such criteria includes the requirement of a master plan, increasing the percentage of landscaping from a typical General Industrial category (12 percent) to an Industrial Park category (15 percent), requiring usable and sizable plazas and pedestrian amenities within the site, and significant architectural treatment to the buildings. D. Proposed Auto Service Court Expansion and its Relationship to Masi Plaza Master Plan: The applicant requested the expansion because of the success of the auto service court. Exhibit "E" shows the proposed master planning of the auto service court. He has submitted a Conditional Use Permit (CUP 97-45) application for the auto service court expansion. With regards to the undeveloped part of Masi Plaza, he stated it is impossible to attract another theater user because of the two existing megaplexes, Edwards and AMC, in Ontario Mills and he has no users for the pads south of Sebastian Way. He stated that if specific users are lined up for the undeveloped part of Masi Plaza, he will submit a modification to the Master Plan. E. Conclusion: Staff believes that the proposed change to increase the acreage for the auto service court is acceptable. Through master planning, the compatibility of the auto service court with adjacent uses could be addressed. The design criteria together with the clustering of auto related uses fosters efficiency in land use, maximizes public safety, and increases the opportunities for creating landscaping areas and pedestrian amenities which would create a more aesthetically pleasing auto service court. ENVIRONMENTAL ASSESSMENT: Staff has determined that the proposed text amendment to modify the definition of auto service court does not involve physical development and is not defined as a project per Section 15378 of the California Environmental Quality Act. Therefore, the proposed application is exempt from environmental review. PLANNING COMMISSION STAFF REPORT IASPA 98-01 - MASI COMMERCE CENTER PARTNERS February 11, 1998 ; Page 4 CORRESPONDENCE: This item was advertised as:a public hearing in a one-eighth page advertisement in the Inland Valley Daily Bulletin ne~vspaper. RECOMMENDATION: Staff recommends the Plannihg Commission recommend approval of the Industrial Area Specific Plan Amendment to the City Council. Respectfully submitted, Brad Buller City Planner BB:NF:taa Attachments: Exhibit "A" Applicant's proposal . Exhibit "B" Planning Commission Staff Report and Draft Minutes dated January 14, 1998 Exhibit "C" Masi Plaza Master Plan (CUP 91-24 and DR 93-19) Exhibit "D" Masi Plaza Master Plan (CUP 94-26) Exhibit "E" Proposed Expansion :of Auto Service Court (CUP 97-45) Exhibit "F" Description of Recreation Commercial Land Use Category Exhibit "G" Existing and Proposed Auto Service Court Definition Exhibit "H" Industrial Specific Plan Map showing Subareas that allow Auto Service Court Exhibit "l" - Status of Compliance of Conditions of Approval/Mitigation for Masi Plaza Resolution Recommending Approval'to City Council Proposed City Council Ordinance Feb-Q4-98 09:56P P,O2 I¥1 r,,, ~*: N~cy Fong, Plating Division ~=t~ Februby 4, l~ City or Ranchg Cucamonga · ~m: Jack M~i Masi Commem~ Center Parlne~ no, Zomng Amendment to Auto Churl Use, Sub-area ~ Dear Nancy: As per yonr request m .% I am claril~,ing our application in regard to the Iblh~wing: (i) Scope of the desired zone amendnmnt; (2) Rationale forthe cbange; t~ !:orecast [br the dcvc!opmet:t of!b.c ba!a~.cc offi,.e lots to ,h,- south of Sebastian Way; and, (4) Conuncnts on CUP 91-24, CUP 94-26 and 0eneral Plan Amendment 93-02B. Proposed Amendment to Auto Court Use Designation ~,te request to change the definition of the auto court use designation in Sub-area 7 to allow a nluxillttUn au[o coutl size tifsix uuzes: the fliu.,~i~llufii atlt~,vub]e size i.' Ilk I~)LU' s ,w Rat{oriole far the ChanRe ~c current aulo coun at Masi PI~a is approximately 3.25 acres (including the composed of four buildings totaling approximately 20,000 sq. I~. occupied by seven users. The auto c~un is 100% leased ~d we have much dcmaud lbr additional le~e space, particularly for rnom specialty users such as German auto and Japanese ~to s~cialis~. and specialty services (such ~; a!am~ }nstal luti~m ~n'~ By incr~ing the pem~issible ainu of the auto court to six acres, we can btfild ~ additional 20,0~ sq. ~. in three buildings so as to meet ~c additior~ demand. We believe ~e l~ger auto court will allow it to become a recognized su~regional auto sea, ice center, providing a full line of ~ices in a sing{e, inleFated auto center environmcmi. As envisioned. ~e I~ee additional auto coua buildings would replace the four single user indus~ial box buildings at the southwest com~ of the Mast pnOect site that is adjacent to the City' ~minten~ce yard at the Spo~ Center These Ibur industrial buildings were previously apprnved as part of CUP 91-24. Feb-04-98 09:56P [ P, 03 Nancy Fong ,'ebrt arv 4, 1998 Page Two We believe this is a higher and better use Ibr thjs rca)- comer {>/'the Mas/Plaza site at~d is more consistent with the commercial development now ufidcrway on the site. Forecast for the Development of the Balance of the Lots Lying to the South of Sebastian Way AS par~ of C U P 91-24 (appmved July 22, 1992). we have approval for ten industrial buildings at the south side o1' Sebastian Way. The land development costs, in addition to the indebtedness associated with the City assessment district bond linancing, mal<cs the development often industrial boxes economically infeasible. Multi-tenant office/industrial and auto serv'ice buildings are a higher and better use. Consequently. the land to the e~.st of the three proposed auto court buildings. totaling approximately 3-1/2 acres. is probably best utilized tbr small, multi-tenant office/industrial users. 'lt~c industrial users would have a higher nf~ce build~mt and a higher parking ratio. Comments on CUP 91-24~ CUP 94-26 and General Plan Amendment 93-02B The CUP for the Mast Plaza Project, specifically CLIP 91-24 (approved July 22, 1992). grants approval for ten industrial buildings south nf Sebastian Way and six industrial bnildings north of Sebastian Way. DR 93-19 (January 12, 1994) allowdd tbr the consolidation or the six industrial buildings on the north side of Sebastian Way into m'o multi-tenant industrial buildings (us well as granted design changes to building #14 and design approval f~r building #5). _- .,.,,:,- CUP gS-ff7 (approaved January ~6, 1995), was intended to be a parallel CLIP to CUP 91-24 that allnwed for a seven screen theatre on the north side of Sebastian Way and an ice skating rink on the south side of Sebastian Way. -" Due to the 52 screens built in Ontario, the movie theatre at Mast Plaza became inli~asible. Star Time Cinemas, the then prospective tenure that led u~ to pursue the entitlement t~r the movie theatre, dropped out of the deal once the 52 .screens in Ontario was announced. Additionally. the prospect of an ice skating rink. either at the Ontario MilLs or as a City of Ontario sponsored Ihcility, has greatly diminished interest in the Mast Plaza location. Additionally, the elongated shape of the faciliS', along with a commercial (rather than industrial) quality of building construction. made the proposed facility less competitive in terms of building cost. It should be noted that Mast Commerce Center Partners has advertised in national ice skating and roller skating magazines and advertised at national retail conventions in an at-tempt to attract a skating rink developer or user. Additionally, major ice skating developers and operators were coumcted and shown the prQject site; two mot with Ci!y Oflicials (lce-o-plex and Canlm~). should also be noted that w°e spent nearly $75,000 in platruing, desi~ and marketing costs trying to promrite the movie theatre/ice skating concept, but to no avail. Feb-04-98 O9:SGP P.04 Nancy I;ebnzary Pa~e Thr~c It should also be noted tha~ file conanercial recreation zoning overlay (General Plan Amen,djnent 93-02B) was approved April 7, 1994, approximately 10 months prior to CUP 95~O~(ice rink/nmvie theatre). It should bc emphasized that the movie theatre/ice rink application was ticver offered as part of, or in conjunction with, or as an accompanying examptc to, the commercial recreation zoning overlay application. I think the timing of the submittals and approvals o1' these two district applications makes this obvious. One last imporlant point - if there is interest eventually in the skating rink facility. development of the three additional auto service buildings does not encroach upton land needed for the skating rink. Please see attached exhibits. Ir y{~u have any questions, please call me at 909481-5020. Sincerely, Jack Masi ',AttachmeaLs CITY OF RANCHO CUCAiVIONGA STAFF REPORT DATE: January 14, 1998 TO: Chairman and Members of the Planning Cbmmission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP. Senior Planner SUBJECT: DIRECTOR'S REPORT 97-03 - MASI COMMERCE CENTER PARTNERS - A request to consider amending the definitior~ of Auto Service Court in Subarea 7 of the Industrial Area Specific Plan. BACKGROUND: The applicant, Mike Scandifiio of Masi C'ommerce Center, stated that he would like to expand the size (acreage) for the Auto Service Court within Masi Plaza by developing an additional 3.5 acres south of the existing site, see Exhi'bit "C." He would like to expand the definition by adding more auto related types of services including auto body work and painting. Attached is Exhibit "A." which shows the applicant's proposed changes to the definition of the Auto Service Court. The proposal necessitates an amendment to the Industrial Area Specific Plan. According to the Development Code, only City Council or the Planning Commission may initiate amendments to the Industrial Area Specific Plan, which is the reason for this report. ANALYSIS: A. The Intent of Auto Service Court: ' The land use carpgory of Auto Service Court was added to the Industrial Area Specific Plan in 1992 and the, definition was expanded in April 1994. The purpose of the Auto Service Court is to encourage an integrated development similar to master planning where design criteria was established to address unique operational characteristics such as roll-up doors and open bays. The design criteria together with the clustering of auto related uses fosters efficiency of iand use, maximizes public safety, and increases opportunities for creating landscaping areas which would be more aesthetically pleasing. These are the reasons the Planning COmmission supported the Auto Service Court at that time. The applicant recently completed his Auto Service Court in Masi Plaza and stated that it has been a success, which is the reason for his request to expand it. B. Proposed Chanqes to Auto Service Court: The applicant proposes to establish a minimum of 5 acres and a maximum of 9 acres for the Auto Service Court and expand the auto related services to include auto cleaning and detailing, auto sales. lease and rental, and auto painting and body work. Staff believes that the increase in size (acreage). when properly master planned together with the proper mix of auto related uses, could strengthen the success of an auto service court. However, the proposal to include auto painting and body work could create a compatibility issue since these types of uses can be intensive. IsPA ,, PLANNING COMMISSION STAFF REPORT DIR. RPT. 97-03 - MASI COMMERCE CENTER PARTNERS January 14, 1998 Page 2 Body work is considered as major automotive repair because of the extent of work involved and potential noise and vibration concerns. Perhaps additional criteria could be established to limit the type of auto painting business where body repair is not required except for the repair of minor dents and replacement parts. Staff believes that the applicant's proposals warrant further study and recommends initiating an amendment. RECOMMENDATION: Staff recommends that the Commission, through minute action, direct the applicant to submit an Industrial Area Specific Plan amendment with the accompanying fee. Respectfully submitted, Brad Buffer City Planner BB:NF:mlg Attachments: Exhibit "A" - Applicant's request Exhibit "B" - Current Definition of Auto Service Court Exhibit "C" - Site Plan T,x Brad Buffer, City Planner s~ 11/24/97 City of~ncho Cucanon~ Michael Scandit~o : M~i Coramer~c Center Partners (MCCP), Aato Senice Court Definitio. Dear Brad: Mast Commerce Center Parreefs proposes to amemd the Auto Service Court definition in the " Industrial Specific Plan [o facilitate the dgv~lotTment 0fourp~uposed Phase II Aulo Service Cow. Attached is the proposed amend. merit (c, hang~ ~-e shovm in iUlic). We look forward to megiin,~ with you and Nan,;), ~ag IO di~U,.~ it We wilt ~Ii ou~ the plaa amendment applications ~ pay the as,so~ated fees by Tuesday of this w~k. If you have any queens, please call me at 9094~1-5020. Sincerely, TABLE III-2 LAND USE TYPE DEFINITIQNS AUTOMOTIVE SF. RVICE COURT: An in ~_t~_racd cluster of related automotive service activities, which ty'Ficall? include: B~ ~h~ig~i ~ff'(i~ ~d3.I~IB, ~ O[ U, riI.h8~ ~ei.llary [ljC~ .KI/EI]. It~ ~ W~, and {ood mar[s; general automotive service and repair including filllitters, shocks, G~menB, brakes, oil changes, lubrications, me-ups, smog checks, tire repair and replacement,~aasmissions; kngallation of air conditioning, car h es, stereos. win shie - and holste · win hield tinting,: automobile deanin and auto parts; automobile rentaFleasing a Minimum Size: 5 acres. Ma,th~ll~ Size: 9 acres. Maximum a:on~e aloha a major or secondary' medal sweet: 300 feet. No aczess to the site ,,,in be l~,inr. d. ~ly off any major arterial. se~i~ '~n]i and pump islands slntl be st, raM ~em all major and a~0ndal),' artaials tts0ugh a eorabmfion of bess, landscaping, low walls, and building orientation. An aplxopriate combination of herins, landscaping, and architectural elements shall be provided around the entire perimeter of the site to minimize the impact of the auto court ,Uses form the existing and future surrounding ,Uses. Outdoor storage of inoperative vehicles, parts, or equipment is prohibited. All work shall be concluded indoors. All signage shall be [imitM to signs appmved und. %' ~ ' DRAFT I. DIRECTOR'S REPORTS 97-03 - MASI COMMERCE PARTNERS - A request to consider amending the definition of Auto Service Court in Sub:~rea 7 of the Industrial Area Specific Plan. Nancy Fong, Senior Planner, presented the staff report. Chairman Barker asked the location of the Commercial Recreation zoning. Ms. Fong replied that it covers the area north and east Of Sebastian Way and Masi Drive. Chairman Barker commented there are no commercial r:ecreational uses in the area. Commissioner Macias asked what is located between t~e applicant's property and the stadium. Brad Buller, City Planner. stated a maintenance building ~nd some landscaping. He observed that the purpose of tonight's meeting was to determine if the Commission wished to allow the applicant to submit an application to amend the Industrial Area Specific Plan, not necessarily lending suppod .- nor stating opposition to the project. Chairman Barker invited public comment. Mike Scandiffio, Masi Commerce Partners, 1510 Riverside Ddve, Burbank, thanked Ms. Fong for her assistance in processing the application. Chairman Barker remarked he had asked staff to prepare a report on outstanding issues with regard to Masi Plaza and some of those items were quite far behind schedule. He said he expected those items to be completed and said he was reluctant to give anything when the applicant had not completed what was proposed. Commissioner Tolstoy observed that a long time ago the Commission had been asked to consider reclassitying the site to Recreation Commercial and so far the City had not seen any of it. He said he had supported the concept of Recreation CommerCial because of the close proximity to the stadium. He was very disappointed that nothing has been developed. Commissioner Madas did not object to allowing the applicant to submit an application but said he did not want that action to be construed as potential ~pproval of the request. He said he was concerned regarding some of the proposed uses. Commissioner Bethel felt allowing the applicant to proceed with an application would constitute further erosion of the original plan. He felt the City is losing the flavor of what it was trying to do in the area. He did not think the applicant should be able to submit an application until past issues have been completely resolved. Commissioner Tolstoy said he liked the concept of a sports related commercial area. He did not want to entertain other uses at this time. Commissioner Macias said he ked what Commissioner Bethel said about not having demonstrated an ability to successfully meet conditions. He stated he did not conceptually object to the request. He suggested waiting three weeks to allow the applicant to complete the other requirements. Commissioner Tolstoy stated a plan had been submitted With a clear idea of what the City would get. He thought the development is now being dictated by p ecemeal planning and he preferred to have January 14, 1998 p,ann,ngcomm,ss,onM,nutes1 :7' DRAFT the original concept carried out. He felt auto related uses are needed in this part of town but he thought the previous plan was being diluted inch by inch. Chairman Barker said he heard Commissioner Tolstoy say he was not interested in considering an amendment because of dilution of the previous plan and Commissioner Bethel say he did not feel the amendment should be considered. Mr. Bullet observed that there has been a long history on the site. He stated the applicant wanted straight Commercial but staff and the Commission had moved the applicant to Recreational Commercial with the south side of Sebastian Way being more industrial. He commented the applicant had shown a plan with elements which the Commission supported, such as theaters and a proposed ice rink on the south side. He explained that the applicant had been unsuccessful in securing such users and has found that auto related uses are successful and now wants to process an amendment to allow for expansion of those uses. Commissioner Bethel did not think it would be fair to the applicant to support initiation of an application if he did not feel he could support the amendment. Chairman Barker observed that several of the Commissioners wanted to see a good faith effort so far as meeting existing conditions. He recommended staff not process an amendment until the old issues are resolved. Commissioner Tolstoy felt the applicant should be given an opportunity to submit an amendment but asked that staff indicate what auto related uses are already allowed in the industrial area. it was the consensus of the Commission (3-1-1, Bethel no, McNiel absent) that the applicant be permitted to submit an Industrial Area Specific Plan amendment with the accompanying fee. Planning Commission Minutes -8- January 14, 1998  ~nf~ DP ~'-b.- "" ""~ /~ClPl) lrOt) t',J.-- ~ N P lION : , ~ ..... __ EXHIBIT: SCALE~ J~ ~' ICE SK rING RINKS ROLLER RINK :r~ EXHIBIT I: SITE PLAN · ! asolution No. 94-052 Page 4 (I[lqERAL PlAN E 93-02B, PART A Recreational C~i~ercial: Devel.cgTent of recreation facilities ard retail, uses shall be encouraged alor~ FcotjLill Boulevard surrour~i ng the Rancho Oacamonga Adult Sport Park r~r r_he · intersection of Pachester Avenue. ~he kes~h~ ] 1 stadium ard year-round spor+~ activities in the Sports Park crete a unique cg~rtunity to provide secora~ry region-serving .speciality retails uses that are not major g~ mercbana~e depaz h~ent stores or fcod or drug stores. ~hey g~ly use approximately 3,500 - 55,000 s~?lare feet of grcss l~acable area and require sites with high visibility and high traffic counts. ~hese centers typically have conven/ent freeay acc~ and dr~w their customers frc~ within a five to tan mile radius. Uses in tb_is category are regional in nature ar~ not normally fctlnd in neighborhocd cul~lercial centers. ~ese types of cozlzpancies could include d~c~ount retailers, such as s~orting goods, apparel, electronics, furniture, and appliances. TABLE III-2 LAND USE TYPE DEFiNITIONS AUTOMOTIVE SERVICE COURT: An integrated cluster of related automotive service activities, which typically include: gas stations; service stations, with or without ancillary uses such as car washes and food marts; general automotive changes, lubrications, tune-ups, smog checks, tire repair and replacement, and transmissions; installation of air conditioning, car phones, stereos, windshields, and upholstery; windshield tinting; sale of auto parts; and other related services. Auto Courts shall comply with the following design criteria: Maximum Size:--4- 6 acres. Maximum frontage along a major or secondary arterial street: 300 feet. No access to the site will be permitted directly off any major arterial. An appropriate combination of berms, landscaping, and architectural elements shall be provided around the entire perimeter of the site to minimize the impact of the auto court uses from the existing and future surrounding uses. Outdoor storage of inoperative vehicles, parts, or equipment is prohibited. All work shall be conducted indoors. All signage shall be limited to signs approved under a Uniform Sign Program. Master planning shall be required. A minimum ofl5percent of net lot area shall be landscaped. Pedestrian facilities such as plazas or courtyards with appropriate street furniture shall be provided. - Service bays andpump islands shall be oriented away from street frontages. Service bays and pump islands subject to public view and view from adjoining properties shall be screened through a combination of herins, landscaping, low decorative walls, building orientation, and architectural elements. - Building design shall have 360 degree architectural treatment. Building entrances shall be well articulated and project an entrance statement. u~....~-.- ~ ~ ' . ......... ' _:~ · ]j xu'~ ~ -- ~ ~NDUSTmAL PARK HOLT BLVO. ~,- z :'~--- -, ~ -~ ---,~ " ~ ~'- ~; - -- , RANCHO CUC~N~ .,' / =.{~ ,.. ~ INDU~RIAL AREA PLAN ~. ',- ............ -. Revised: 9/17/86 2/17/88 9/07/88 6/17/97 CUP 91-24 - MASI PLAZA February 4, 1998 The following summarizes the outstanding issues that need to be addressed: 1. Install 35 granite plaques for displaying of vintners' families and their wine labels along the Vintner's Walk prior to occupancy of Denny's. GRANITE PLAQUES HAVE BEEN INSTALLED AS OF JA~NI. JARY 29, 1998. 2. ~nsta~~theLaF~urcadedisp~aysandthehist~ry~fwinemakingdisp~ays~at~ta~~fsevenp~aques~within the Vintner's Walk and the overhead trellis between Denny's and Building 7, prior to occupancy of Denny's. Comment: The above is a mitigation, except for the overhead metal trellis, and was tied to release of occupancy for Building 5 or 6 (Denny's), whichever came first. In order not to delay the opening of Denny's, staff worked with the applicant and allowed him to delay the installation until occupancy for Building 7 as requested. He agreed that the items would be installed before asking for occupancy of BoildinS 7. Attached is the May 14, 1997, Facsimile to the applicant listing the items that needed to be completed or installed. Staff has repeatedly reminded him that he needs to complete the listed items, as well as submitting a sample of the aluminum plaques for "the history of wine making" displays. APPLICANT SUBtM[ITTED TEXT AND GRAPHICS MOUNTED ON FOAiVI BOARD AND TO THZE ACTUAL SIZE OF THE PLAQUES FOR STAFF REVIEW. STAFF HAS PROOFREAD THE DRAFT ANI) WILL RETURN THEM TO THE APPLICANT. HE HAS NOT SUBiVIITTED A S.adVlZPLE OF THE ALUNEINUM PLAQUE TO SHOW THAT THE TEXT AND GRAPHICS WILL SHOW WELL FOR READENG. THERE IS NO INDICATION TEXT HE : WILL INSTALL THE OVERHEAD METAL TRELLIS BETWEEN BUILDING 7 AND DENNY'S OR PROVIDE ALTERNATIVES TO ADDRESS THE ITEM. 3. Install wood trellis according to the approved plans for the trash enclosures for Buildings 4 and 7. Comment: On October 28, 1997, the applicant signed an agreement stating that he would finish installing the wood trellises above the trash enclosures for Buildings 4 and 7 by November 3, 1997. Staff released occupancy for Building 4 based on the signed agreement. Wood trellises are not installed to date. 4. Install and complete the La Fourcade entry arch on Building 5, the descriptive plaque for the La Fourcade building, the Vintner's families display, and the Masi plaque and the Statue. Comment: The above is a mitigation and was tied to the release of occupancy for Building 5 or 6 (Denny's), whichever comes first. In order not to delay the opening of Denny's, staff worked with the applicant and allowed him to delay the installation until occupancy of Building 5. Design Review for Building 5 has not been completed. attachments " RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 98-01, A REQUEST TO AMEND THE DEFINITION OF "AUTOMOTIVE SERVICE COURT" WITHIN THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Masi Commerce Center Partners has flied an application for Industrial Area Specific Plan Amendment No. 98-01, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 11th day of February 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found. determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recita~s, 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 February 11, 1998, including wdtten and oral staff reports, together with public testimony. this Commission hereby specifically finds as foIIows: a. The application proposes to amend the definition of Auto Service Court. b. The application proposes to increase the maximum acreage for Auto Service Court from 4 to 6 acres. c. The Auto Service Court is permitted in Subareas I through 4, 8, 11, 12, and 13 and conditionally permitted in subarea 7. d. Additional design cdteda such as the requirement for master planning, increase of percentage of landscaping, and additional architectural treatment are proposed to address land use and design compatibility. 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. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and related development; and b. This amendment promotes the goals and objectives of the Industrial Area Specific Plan; and PLANNING COMMISSION RESOLUTION NO. ISPA 98-01 - MASI COMMERCE CENTER PARTNERS February 11, 1998 Page 2 c. The proposed amendment will not be !detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed amendment will not be detrimental to the objectives of the General Plan or the Industrial Area Specific Plan; and e. The proposed amendment is in conformance with the General Plan. 4. The Planning Commission hereby finds and determines that the amendment identified in this Resolution is not defined as a project and is therefore exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Sections 15061b.3 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2.3, and 4 above, -- this Commission hereby resolves as follows: a. That the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Industrial Area Specific Plan Amendment No. 98-01 amending Table 111-2. as shown in the attached ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OR FEBRUARY 1998. 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 1 lth day of February 1998, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIALAREASPECIFIC PLAN AMENDMENT 98-01. A REQUEST TO AMEND THE DEFINITION OF AUTO SERVICE COURT WITHIN THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Masi Commerce Center Partners, has filed an application for Industrial Area Specific Plan Amendment No. 97-01 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as "{he application." 2. On February 4, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. -- 3. On , the City Council 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 Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on , including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application proposes to amend the definition of Auto Service Court. b. The application proposes to increase the maximum acreage for Auto Service Court from 4 to 6 acres. c. The Auto Service Court is permitted in Subareas I through 4, 8, 11, 12, and 13 and conditionally permitted in subarea 7. d. Additional design criteria such as the requirement for master planning, increase of percentage of landscaping, and additional architectural treatment are proposed to address land use and design compatibility. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The application does not conflict with the Land Use Policies of the Industrial Area Specific Plan or the General Plan and will provide development in a manner consistent with the Industrial Area Specific Plan and the General Plan and with related development; and CITY COUNCIL ORDINANCE NO. IASPA 98-01 - MASI COMMERCE CENTER PARTNERS Page 2 b. The application promotes the goals and pbjectives of the Industrial Area Specific Plan; and ~ c. The application will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The application is consistent with the objectives of the Industrial Area Specific Plan; and e. The application is in cbnformance with the General Plan. 4. The City Council hereby finds and determines that the amendment identified in this Ordinance is not defined as a project and is therefore exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Sections 15061b.3 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Industrial Area Specific Plan Amendment No. 98-01, amending Table 111-2, as attached. 6. The' City Clerk shall certify the adoption of this ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin a newspaper of general circulation published in the City of' Ontario, California, and circulated in the City of Rancho Cucamonga, California. TABLE III-2 LAND USE TYPE DEFINITIONS AUTOMOTIVE SERVICE COURT: An integrated cluster of related automotive service activities, which typically include: gas stations; service stations, with or without ancillary uses such as car washes and food marts; general automotive changes, lubrications, me-ups, smog checks, tire repair and replacement, and transmissions; installation of air conditioning, car phones, stereos, windshields, · and upholstery; windshield tinting; sale of auto parts; and other related services. Auto Courts shall comply with the following design criteria: Maximum Size:--4- 6 acres. Maximum frontage along a major or secondary arterial street: 300 feet. No access to the site will be permitted directly off any major arterial. An appropriate combination of berms, landscaping, and architectural elements shall be provided around the entire perimeter of the site to minimize the impact of the auto court uses from the existing and future surrounding uses. Outdoor storage of inoperative vehicles, parts, or equipment is prohibited. All work shall be conducted indoors. All signage shall be limited to signs approved under a Uniform Sign Program. - Master planning sitall be required. - A minimum of 15 percent of net lot area shah be landscaped. Pedestrian facilities such as plazas or courtyards witIt appropriate street furniture shah be provided. Service bays and pump islands shah be oriented away from street frontages. Service bays and pump islands subject to public view and view from adjoining properties shah be screened through a combination of berms, landscaping, low decorative walls, building orientation, and architectural elements. Building design shah have 360 degree architectural treatment. Building entrances shah be well articulated and project an entrance statement.