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HomeMy WebLinkAbout1999/02/24 - Agenda PacketCITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA WEDNESDAY FEBRUARY 24, 1999 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 McNiel __ Vice Chairman Macias __ Com. Mannedno __ Com. Stewart __ Corn. Tolstoy __ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES February 10, 1999 IV. PUBLIC HEARINGS The following items are public headngs in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-25 - CHEVRON - A request to demolish an existing Chevron service station building and build a new 2.167 square foot service station/mini market, keeping the pump island and pump island canopy in place. on 0.74 acres of land in the Neighborhood Commercial District, located at 8687 Base Line Road APN: 207-022-41. Related files: Preliminary Review 98-01 and Tree Removal Permit 98-36. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from February 10, 1999.) ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-31 - ARBY'S - A request to modify a previously approved master plan and construct a 2,892 square foot fast-food, drive-thru restaurant on 0.56 acres of land within an integrated 82-acre shopping center in the Regional Related Commercial District of the Foothill Boulevard Specific Plan, located at the southwest corner of Foothill Boulevard and Etiwanda Avenue - APN: 229-031-31. Related file: Conditional Use Permit 90-37. ENVIRONMENTAL IMPACT REPORT (EIR) FOR GENERAL PLAN AMENDMENT 98-02, VICTORIA COMMUNITY PLAN AMENDMENT 98-01, AND ETIWANDA SPECIFIC PLAN AMENDMENT 98-01 - AMERICAN BEAUTY DEVELOPMENT CO. - A public hearing on a draft Final EIR for a proposed project to be known as the Victoda Arbors Village on 291.8 acres of land in the Victoria planned community. The draft Final EIR was prepared for the following: (A) General Plan Amendment 98-02 and Victoda Community Plan Amendment 98-01, a request to change the circulation map and the land use designations for a total of 192.4 acres as described in the following subareas, generally bounded by Base Line Road, future Victoria Park Lane, future Church Street, future Day Creek Boulevard, and the Day Creek Channel - APN: 227-201-04, 13 through 18, 22, 28 through 30, and 36; 222-201-33; and 227-161-33, 35, 36, and 38; and to amend vadous graphics and text for the Victoria Community Plan in areas of circulation, open space, parks, trails, and the Lakes Village. Subarea 1 -from Low-Medium Residential (4-8 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 21.13 acres of land. Subarea 2 - from Medium Residential (8-14 dwelling units per acre), Medium-High Residential (14-24 dwelling units per acre), Community Facility, and Park to Low-Medium Residential (4-8 dwelling units per acre), Park and School for approximately 65.07 acres of land. Subarea 3 - from Medium-High Residential (14-24 dwelling units per acre) and Regional Related Office/Commercial to Low- Medium Residential (4-8 dwelling units per acre) and Low Residential (2-4 dwelling units per acre) for approximately 13.76 acres of land. Subarea 4 - from Medium-High Residential (14-24 dwelling units per acre) and Regional Related Office/Commercial to Low- Medium Residential (4-8 dwelling units per acre) and Park for approximately 39.45 acres of land. Page 2 Subarea 5 - from Regional Related Office/Commercial to Low- Medium Residential (4-8 dwelling units per acre), Medium-High Residential (14-24 dwelling units per acre), and High Residential (24-30 dwelling units per acre) for approximately 53 acres of land. (B) General Plan Amendment 98-02 and Etiwanda Specific Plan Amendment 98-01, a request to change the land use designation for 26 acres of land from Office to Low-Medium Residential (4-8 dwelling units per acre) and the consideration by the City of an alternative land use to maintain the Office land use designation along Etiwanda Avenue - APN: 227-171-11, 12, and 14. (c) A request to amend the Public Facility element of the General Plan by adding the designation of Park and School within the project area and the consideration by the City of alternative sites for Park and School within the project area. (TO BE CONTINUED TO AN UNSPECIFIED DATE. PROJECT WILL BE RE-ADVERTISED) V. PUBLIC COMMENTS This is the time and place forthe general public to address the Commission. Items to be discussed hera are those which do not already appear on this agenda. VI. COMMISSION BUSINESS WIRELESS COMMUNICATION FACILITIES ORDINANCE-A request to initiate an amendment to the regulations concerning wireless communication facilities. VII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIA TEL Y FOLLOWING IN THE RAINS ROOM TO DISCUSS THE VICTORIA ARBORS (FORMERLY VICTORIA LAKES) - AMERICAN BEAUTY DEVELOPMENT CO. 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 18, 1999, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. Page 3 VICINITY MAP rE :l I vm · k CITY HALL CITY OF RANCHO CUCAMONGA F CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: February 24, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buffer, City Planner BY: Brenl Le Count, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-25 - CHEVRON - A request to demolish an existing Chevron service station building and build a new 2,167 square foot service station/mini market, keeping the pump island and pump island canopy in place, on 0.74 acres of land in the Neighborhood Commercial District, located at 8687 Base Line Road - APN: 207-022-41. Related files: PreNminary Review 98-01 and Tree Removal Permit 98-36. PROJECT AND SITE DESCRIPTION: Backqround: The project was continued from the February 10, 1999. Planning Commission meeting to provide time to resolve design issues with the Design Review Committee. Those issues have been resolved. Request: The applicant is requesting approval of a Conditional Use Permit to demolish an existing service station building. with service bays, and build a new service station with a convenience market in lhe same location. Surroundinq Land Use and Zoninq: Nodh - Single family homes; Low Residential district (2-4 dwelling units per acre) South - Sunrise Shopping Center; Neighborhood Commercial district East McDonald's restaurant and offices; Office Professional district West Sunrise Shopping Center; Neighborhood Commercial district General Plan Desiqnations: Project Sile - Neighborhood Commercial North Low Residential (2-4 dwelling units per acre) South - Neighborhood Commercial East - Office West - Neighborhood Commercial Site Characleristics: The 0.74 acre site is located at the northeast corner of the Sunrise Shopping Center which was developed prior to incorporation of the City. The site is elevated by as much as 10 feet above the adjacenl shopping center property. Across Carnelian Avenue, to the east, is the relatively new McDonald's restaurant. The site is currently occupied by a Chevron service station, which will be demolished to accommodate the new building. A trash enclosure and some electrical equipment are proposed to be located on the south (rear) side of the building within a landscaped area. Y ITEM A PLANNING COMMISSION STAFF REPORT CUP 98-25 - CHEVRON February 24, 1999 Page 2 Parkinq Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Footaqe Ratio Required Provided Service Station n/a 3 + 2/bay Convenience Market 2,167 1 ~250 3 3 TOTAL 2,167 12 12 ANALYSIS: General: The existing service station building will be demolished to accommodate the new building. The existing pumps and pump island canopy will remain in-place without any modification. A trash enclosure and electrical equipment are proposed to be located on the south (rear) side of the building within a landscaped area. The applicant proposes to demolish much of the existing landscaping and replace with new landscaping. Desiqn Review Committee: The Committee (Macias, Mannerino. Henderson) reviewed the project on December 15, 1998, and directed the applicant to redesign the project for further Committee review. The Committee (Stewart) again reviewed the project on January 19.1999, and requested further revisions. The Committee (McNiel, Stewart, Henderson) reviewed the revised project on February 2. 1999, and requested revisions to be reviewed at the following meeting on the Consent Calendar. Please refer to the attached Design Review Committee Action agendas for further details. Technical Review Committee: The Technical and Grading Review Committees have reviewed the project and recommend approval subject to the conditions identified in the attached Resolution of Approval. The Engineering Division is recommending closure of the southernmost driveway on Carnelian Avenue which opens up a portion of the site for landscaping. Engineering is also recommending closure of the eastern most driveway on Base Line Road which opens up the nodheast corner of the site for additional landscaping. Tree Removal Permit: The site contains several large trees along the street frontages. Closure/relocation of the driveway along the Carnelian Street frontage will cause removal of two trees. The applicant has submitted a Tree Removal Permit for Commission review. The application proposes the planting of several new 24-inch box trees that will offset the removal. Environmental Assessment: Pad I of the Initial Study was completed by the applicant and staff completed Part II. Staff identified potential impacts related to traffic safety and convenience. Dedication is necessary along the east property line fronting Carnelian Street in order to provide room for a future bus bay. A corner cutoff dedication is required at the intersection of Carnelian Street and Base Line Road to provide handicapped access to the sidewalk. One driveway on Base Line Road and one driveway on Carnelian Street must be closed to minimize disruption of traffic flow on public streets and to provide more safe circulation in and out of the site. Environmental mitigation measures are provided to address these items. PLANNING COMMISSION STAFF REPORT CUP 98-25-CHEVRON Februa~ 24,1999 Page 3 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the p'roperty was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. RECOMMENDATION: Staff recommends that the Commission approve Conditional Use Permit 98-25 through adoption of the attached Resolution of Approval and issuance of a Mitigated Negative Declaration. Respectfully submitted, Brad Buller City Planner BB:BLC/jfs Attachments: Exhibit '"A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" Grading Plan Exhibit "D" Landscape Plan Exhibit "E" Floor Plan Exhibit "F" Building Elevations Exhibit "G" Initial Study Exhibit "H" Design Review Committee Action Comments Resolution of Approval with Conditions 207 209 ,2, ............ ,. ....LI/,P: ,J- ..... L...': ..:,. s ~ L ..... j '1 [%=.!,-2 L!:,:2 '~" City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM iNITIAL STUDY PART II BACKGROUND 1. Project File: Conditional Use Permit 98-25 2. Related Files: Tree Removal Permit 98-36. Preliminary Review 98-01 3. Description of Project: ENVIRONMENTAL ASSESSMENTAND CONDITIONAL USE PERMIT 98-25 - CHEVRON A request to demolish an existing Chevron service slation building and build a new 2,167 square foot service station/mini markel, keeping Ihe pump island and pump island canopy in place on 0.74 acres of land in lhe Neighborhood Commercial District, located at 8687 Base Line Road. APN: 207-022-041 4. Project Sponsor's Name and Address: RFA, Inc (Laura Becker) 2050 South Santa Cruz, # 2100 Anaheim. CA 92805 5. General Plan Designation: Neighborhood Commercial 6. Zoning: Neighborhood Commercial 7. Surrounding Land Uses and Setting: Single family homes to the north. Low Residenlial District (2 to 4 dwelling units per acre). A shopping center to the northeasl, Neighborhood Commercial Dislricl. MacDonald's Restauranl and an el'rice park development to the east across Carnelian Avenue, Office/Pro[essional Dislrict. The Sunrise Center shopping cenler Io the south and west. Neighborhood Commercial Dislrict. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga. CA 91730 9. Contact Person and Phone Number: Brent Le Count (909) 477-2750 Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 2 10. Other agencies whose approval is required: South Coast Air Quality Managemenl Districl Cucamonga County Water District ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this projecl. involving at least one impact that is "Polenlially Significant Impact." "Potentially Significant Impeel Unless Mitigation Incorporated," or "Less Than Significant Impacl" as indicaled by the checklist on Ihe following pages. Land Use and Planning Population and Housing Geological Problems Waler (,-") Air Qualily DETERMINATION (v') Transporla/ionlCirculalion ( ) Biological Resources ( ) Energy and Mineral Resources (v') Hazards ( ) Noise ( ) Mandalory Findings oi' Significance Oh Ihe basis of this initial evaluation: (v") Public Senices ( ) Uldil~es and Se~ico Syslems ( ) Aeslhelics ( ) Cullural Resources ( ) Recrealion () (v) () () I find that the proposed project COULD NOT have a significant effect on Ihe environment. A NEGATIVE DECLARATION will be prepared. () I find that although the proposed project could have a slgni~canl effect on the environment. Ihere will not be a significant effect in this case because lhe mitigation measures described on an allached sheel have been added to lhe project. or agreed Io, by Ihe app/icanl, A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that Ihe 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 Io applicable legal slandards, and 2) has been addressed by miliga/ion measures based upon the earlier analysis as described on allached sheets. if Ihe elfeel is a "Polentially Significant Impact" or "Potentially Significant Impact Unless Miligalion Incorporated." An ENVIRONMENTAL IMPACT REPORT is required. but musl analyze only/he effects lhat remain Io be addressed. I find that although the proposed project could have a significant effect on ihe environment. there WILL NOT be a significant effect in Ibis case because all polentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards. and 2) have been avoided or mitigated pursuant to Ihat earlier EIR. including revisions or mitigation measures lhat are imposed upon lhe proposed project. Initial Study for Conditional Use Permit 98-25 Chevron,., Brent Le Count. AICP Associate Planner December 16. 1998 City of Rancho Cucamonga Page 3 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuanl to Section 15063 of Ihe California Environmental Qualily Act Guidelines, an explanalion is required for all "Potentially Significant Impact." "Polentially Significant Impact Unless Mitigallon Incorporated," and "Less Than Significant Impact' answers. including a discussion of ways to mitigate the significant effects identified. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in ihe vicinity? d) Disrupt or divide the physical arrangement of an established community? () () () (v) () () (v) () () (v) () () (v) Comments: a) Automotive service stations are a conditionally permitted use in the Neighborhood Commercial District. A sen/ice stalion is currently in operation on Ihe site. The project only proposes to replace the sen/ice station building leaving the pump island and canopy in place. POPULATION AND HOUSING. Would the proposal: a) Cumuratively exceed official regional or local population projections? ( ) ( ) ( ) (v') b) Induce substanlial growth in an area either direclly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) ( ) ( ) (V) c) Displace existing housing. especially affordable housing? ( ) ( ) ( ) ('v') Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 4 GEOLOGIC PROBLEMS. Would the proposal result ~ or expose people to potential/rapacts involving: a) Fault rupture? b} Seismic ground shaking? c) Seismic ground failure. including liquefaction? d) Seiche hazards? e) Landslides or mudflows? 0 Erosion. changes in topography, or unstable soil conditions from excavation. grading. or fill? g) Subsidence of the land? h) Expansive soils? i) Unique geologic or physical features? NO () () () () () () (v) () () () () () () () () (} () () () d) g) WATER. Will Ihe proposal result in: a) Changes in absorption rates. drainage patterns, or the rate and amount of' surface water runoff? ( ) b) Exposure or people or property to waler related hazards such as flooding? ( ) c) Discharge into surface water or other alteration of surface waler quality (e.g., temperature, dissolved oxygen, or lurbidity)? ( ) Changes in the amount of surface waler in any water body? ( ) Changes in currents, or the course or direction of water movements? ( ) Change in the quantily of ground waters, either through direct additions or withdrawals, or through inlerception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) Altered direction or rate of flow of groundwater? ( ) () () () (I () () () () () () () () () () (v) Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 5 h) i) Impacts to groundwater quality? Substantial reduction in the amount of groundwater olhenfiise available for public water supplies? ( ) ( ) ( ) (v) () () () (v) AIR QUALITY. Would the proposal.' a) b) c) d) Violate any air qualily standard or contribule to an existing or projecled air quality violation? ( ) Expose sensitive receptors to pollutants? ( ) Alter air movement, moisture. or lemperalure, or cause any change in climale? ( ) Creale objeclionable odors? ( ) () (v) () () (v) () () () (v) () (v) () Comments: a, b, and d) A service station is currently in operation on the site. The project only .proposes to replace lhe service station building. leaving the existing pump island and canopy in place. The handling and dispensing of gasoline may result in the release of gas vapors into the air. The operation must comply wilh the requlremenls of the South Coast Air Quality Management District. The impact is nol considered significant. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) ( ) ( ) b) Hazards to safety from design lealures (e,g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( ) (V) ( ) ( ) c) Inadequate emergency access or access Io nearby uses? ( ) ( ) ( ) (v') d) Insufficient parking capacity on-site or off-site? ( ) ( ) ( ) (v') Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 6 e) Hazards or barriers for pedestrians or bicyclists? ( ) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail or air traffic ~mpacts? ( () (v) () (v) () () () () Common[s: b) The site currently has two driveways on bolh Carnelian Street and Base Line Road frontages. This is conlrary Io General Plan access control policy regarding driveway separation. The Engineering Oivision recommends thal Ihe soulhem most driveway on Carnelian Street and the eastern most driveway on Base Line Road be closed off and replaced with curb and gulter. Wilh mitigation the impact is not considered significant. e) In order to provide adequate pedeslrian access, including handicapped access, lhe Engineering Division recommends that a corner cut off be dedicated al the northeasl corner of the site. Wilh mitigalion lhe impacl is not considered slgni~canl. Carnelian Streel is a designated Local Transit Route per Ihe General Plan. The Engineering Division is recommending Ihat the applicant dedicate a portion o[ the properly to accommodale a future bus bay on the Carnelian Sireel frontage. With mitigation the impacl is not considered signi~canl. 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)? ( ) ( ) ( ) (V) b) Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? ( ) ( ) ( ) (v') c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? ( ) ( ) ( ) d) Welland habilat (e.g., marsh, riparian, and vernal pool)? ( ) ( ) ( ) (v') e) Wildli[e dispersal or migration corridors? ( ) ( ) ( ) (V) Initial SIudy for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 7 ENERGY AND MINERAL RESOURCES. Would the proposah a) Conflict wilh adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value the region and the residents or Ihe State? ( ) ( ) (v) ( ) ( ) (v) ( ) ( ) (v) HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, bul not limited to: oil, pesticides, chemicals, or radiation)? ( ) Possible interference wilh an emergency response plan or emergency evacuation plan? ( ) The creation oi' any henlib hazard or potential health hazard? ( ) Exposure of people to existing sources of potential health hazards? ( ) Increased fire hazard in areas with ~ammable brush, grass, or trees? ( ) b) () (V) () () () (V) ) (V) () ) (V) () ) () (V) Comments: a) A service station is currently in operation on the site. The project only proposes Io replace the service stalion building leaving the pump island and canopy in place. The handling and dispensing of gasoline poses a risk oi' accidental explosion or release of hazardous substance. Special permits are required I'rom the Rancho Cucamonga Fire Proteclion Oislrict to minimize the risk. The impact is not considered signi~canl. Initial Study for Conditional Use Permit 98-25 Chevron City of Rancho Cucamonga Page 8 c. and d) A service station is currently in operation on lhe site. The projecl only proposes to replace the service station building leaving the pump island and canopy in place. The handling and dispensing of gasoline may resull in release exposure of people to gasoline. The operation must comply with the requirements of the Soulh Coast Air Quality Management District and the Rancho Cucamonga Fire Protection District. The impact is not considered significant 10. NOISE. Will the proposal result in.' a) Increases in existing noise levels? ( ) ( ) ( ) (v') b) Exposure of people Io severe noise levels? ( ) ( ) ( ) (v') 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government sen/ices in any of the following areas.' a) b) C) d) e) Fire protection? ( ) ( ) (v') ( ) Police protection? ( ) ( ) ( ) (v*) Schools? ( ) ( ) ( ) (V) Maintenance of public facilities, including roads? ( ) ( ) ( ) (v') Other governmenial services? ( ) ( ) ( ) (v') Comments: a) The handling and dispensing of gasoline will require special permits from the Rancho Cucamonga Fire Protection Dislricl. The impact is not considered significant. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utilities.' Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 9 a) b) c) d) 0 g) Power or natural gas? Communication systems? Local or regional water trealmenl or distribution facilities? ( ) Sewer or seplic lanks? ( ) Storm water drainage? ( ) Solid wasle disposal? ( ) Local or regional water supplies? ( ) ( ) ( ) ( ) (,..') ( ) ( ) ( ) (v) () () (v) () () (¢) () () (v) () () (v) () () (v) 13. AESTHETICS. Would the proposal.' a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthelic elfeel? c) Creale light or glare? () () () () () (~) () () (v) () () (~) 14. CULTURAL RESOURCES. Would the proposal.' a) b) c) d) e) Disturb paleontological resources? ( ) Disturb archaeological resources? ( ) Affect historical or cultural resources? ( ) Have the potential to cause a physical change which would affect unique ethnic cullural values? Restrict existing religious or sacred uses wilhin the potenlial impact area? () () (v) () () () () (v) () () () (~) () () ( (,/) Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 10 15, RECREATION, Would the proposal: a) Increase the demand for neighborhood or regional parks or olher recreational facilities? b) Affect existing recreational opportunities? () () () (v) () () () (~), 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) b) c) d) Potential to degrade: Does the project have the potential to degrade the quality of the environment, substanlially reduce the habilat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustalning levels, threaten to eliminate a plant or animal community, reduce the number or reslrict the range of a rare or endangered plant or animal. or eliminate important examples of the major periods of California history or prehistory? Short term: Does the project have the potential to achieve shod-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.) Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively 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.) Substantial adverse: Does the projecl have environmental effects which will cause substantial adverse effects on human beings. either directly or indirectly? () () () () (v') (v') () () (~) Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-25 Chevron Page 11 EARLIER ANALYSES Earlier analyses may be used where, pursuanl ~o the tiering. program EIR. or olher 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 for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuam 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 Initial Study and are available for review in the Cily of Rancho Cucamonga. Planning Division offices. 10500 Civic Center Drive (check all that apply): General Plan EIR (Certified April 6. 1981) Master Environmental Assessmenl for the 1989 General Plan Update (SCH #88020115. cedified January 4. 1989) ( ) Other: ( ) Other: ENVIRONMENTAL MITIGATION MEASURES Transpodal~on: I. Add,[tonal street right-or-way shall be dedicated on Carnehan Streel for a I'ulure bus bay per City Slandard Plan 119. Corner propedy llne cut-off shaft be dedicated per City Standard Plan 100-B. Remove the existing southerly drive approach on Carnelian Street and the easlerly drive approach on Base Line Road. In both cases, replace the drive approaches with full helghl curb and gutter and sidewalk. APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Sludy. I acknowledge that I have read this Initial Study and the proposed miligalion measures. Further. I have revised the project plans or proposals and/or hereby agree Io Ihe proposed mitigation measures Io avoid the elfects or mitigate the effects Io a point where clearly no significam environmental effects would OCCUr, Oa,e:/ ')' f 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.: Conditional Use Permit 98-25 Public Review Period Closes: February 24, 1999 Project Name: Project Applicant: RFA, Inc. (Laura Becker) Project Location (also see attached map): Localed al 8687 Base Line Road - APN: 207-022-041. Project Description: A requesl to demolish an existing Chevron service station building and build a new 2,167 square foot service slation/mini market, keeping the pump island and pump island canopy in place on 0.74 acres of land in Ihe Neighborhood Commercial Dislrict. Related files: Preliminary Review 98-01 and Tree Removal Permit 98-36. FINDING This is to advise that the City o1 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 thai there is no substantial evidence Ihal the project may have a significanl eflect on the environment. The Inilial Study identified potentially significant effects bu[: (1) (2) Revisions in Ihe project plans or proposals made or agreed Io by the applicant before this proposed Negalive Declaration was released for public review would avoid the effects or mitigate the effects to a point where cleady no significant effecls would occur, and There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are 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 24, 1999 Dale of Determinalion Adopted By DESIGN REVIEW COMMENTS 8:40 p.m. Brent Le Count December 15, 1998 ENVIRONMENTALASSESSMENTAND CONDITIONAL USE PERMIT 98-25 - CHEVRON -A request to demolish an existing Chevron service station and build a new 2,167 square foot service station/mini market on 0.74 acres of land in the Neighborhood Commercial District, located at 8687 Base Line Road. APN: 207-022-041. Desiqn Parameters: The 0.74 acre site is located at the northeast corner of the Sunrise Shopping Center developed prior to incorporation of the City. The site is elevated by as much as 10 feet above the adjacent shopping center properly. Across Carnelian Avenue to the east is the relatively new MacDonalds restaurant. The site is currently occupied by a Chevron service station, which will be demolished to accommodate the new building. The existing pumps and pump island canopy will remain in-place without any modification. A trash enclosure and electrical equipment is proposed to be located on the south (rear) side of the building within a landscaped area. The Engineering Division is requiring closure of the southernmost driveway on Carnelian Avenue which opens up a large portion of the site for landscaping. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project: Bring tower element out over entry similar to Chevron project at Foothill Marketplace (see Exhibit "A"}. Provide cornice on tower eave to match the rest of building similar to Chevron project at Foothill marketplace (see Exhibit "A"). Adjust height of tower as necessary. Retain existing mature street scape landscaping. in padicular trees, or replace on a one-for- one basis with equivalently sized mature specimen trees. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. Add as much landscaping as possible at southeast corner of the site given driveway closure. Relocate existing public telephones to nodhwest or southeast corner of new building. Existing location is dangerous requiring public to stand in the driveway entrance to use phones and encourages short term parking within drive access. 3. Eliminate exterior roof access ladder. Roof access shall be from inside the building. Plant 24-inch box size Jacaranda trees within landscape finger at northeast corner of building. Stucco over existing block walls on site to match the building. Committee should discuss whether both sides of walls should be stuccoed. Provide decorative concrete trash receptacle near entrance to compliment 36-inch planter pots. DRC COMMENTS CUP 98-25 - CHEVRON December 15, 1998 Page 2 7. New monument signs shall be designed with stucco base to compliment building. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. Thirty percent of trees shall be large size, that is 24-inch box or larger. All roof-mounted equipment shall be fully screened from view. Staff Recommendation: Staff recommends that the Design Review Committee approve the project subject to the modifications as recommended above. Attachment Desiqn Review Committee Action: Members Present: Rich Macias, John Mannedno, Larry Henderson Staff Planner: Brent Le Count The Committee (Macias, Mannerino, Henderson) reviewed the project and requested that the applicant restudy the design and bring the project back for further review subject to the following: 6. 7. 8. Provide a perspective rendering of the project as viewed from the intersection of Base Line Road and Carnelian Street. Include the existing pump island and canopy. The existing canopy may need to be remodeled to appear similar in design and materials to the proposed new building. Revise entry design to emphasize and embellish entry. It is strongly suggested that this include popping the tower element out over the walkway, as well as the area of the joint driveway at the southeast end of the site. Add as much landscaping, including berm, at the northeast corner of the site given Carnelian driveway relocation. Work with staff to address planter island at northeast corner of building. Committee would prefer to have Jacaranda tree planted there per staffs original comments but is open to other solutions such as; significantly enlarging landscape area at nodheast corner of site per item 3 above, and/or provision of a trellis feature on the front of the building. Stucco over project site side of existing perimeter block walls. This shall also include a decorative cap treatment, Provide decorative concrete trash receptacle near building entrance. Relocate handicapped parking clear area to align with building entrance and provide decorative paving within clear area. Restudy trash enclosure and equipment screening on south side of building. Suggest enclosing all items within single enclosure wall covered with a trellis. The wall shall have decorative treatment matching the building such as cornice and trim. Decorative paving shall be interlocking paver type rather than "Bomanir' or other stamped concrete product. DESIGN REVIEW COMMENTS 7:00 p.m. Brent Le Count January 19,1999 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-25 - CHEVRON - A request to demolish an existing Chevron service station and build a new 2,167 square foot service station/mini market, keeping the pump island and pump island canopy in-place, on 0.74 acres of land in the Neighborhood Commercial District, located at 8687 Base Line Road - APN: 207-022-041. The Committee (Macias, Mannerino, Henderson) reviewed the project at the December 15, 1998 meeting and directed the applicant to redesign the project and bring it back for further review. The applicant requested a continuance to January 19, 1999. Revised plans are not yet available and will be presented with staff comments at the meeting. Desiqn Review Committee Action: Members Present: Pare Stewart Staff Planner: Brent Le Count The Committee (Stewart) reviewed the project andrequested that the applicant redesign the project and bring it back for further review based upon the following: Restudy front elevation of building to avoid flatness. Consider greater changes of plane, color change for cornice treatment, raising/projecting tower element, adding trellises, and introducing another material. 2. Box out existing canopy and provide stucco and cornice treatment to match the building. 3. Box out columns of canopy to match the basic dimensions of columns on the building. 4. Provide wall mounted trellises within archway indents to pro?vide visual interest. 5. Provide revised Site Plan and Landscape Plan to address layout issues identified at December 15, 1998, Design Review Committee meeting. DESIGN REVIEW COMMENTS 8:20 p.m. Brent Le Count February 2, 1999 ENVIRONMENTALASSESSMENTAND CONDITIONAL USE PERMIT98-25 -CHEVRON-Arequest to demolish an existing Chevron service station and build a new 2,167 square foot service station/mini market, keeping the pump island and pump island canopy in-place, on 0.74 acres of land in the Neighborhood Commercial District, located at 8687 Base Line Road - APN: 207-022-041. The project was reviewed on December 15, 1998 (Macias, Mannerino, Henderson) with direction to redesign the project and bring it back for further review. The project was again reviewed on January 19, 1999 (Stewart) with further direction for redesign. Revised plans are not yet available and will be presented by staff, with staff comments, at the meeting. Desiqn Review Committee Action: Members Present: Larry McNiel, Pare Stewart. and Larry Henderson Staff Planner: Brent Le Count The Committee (McNiel, Stewart, Henderson) reviewed the project and requested that the following revisions be made: Enhance the archway/tower element on the north elevation through the use of heavier/thicker trim elements and creative use of tile accents. 2. Raise the tower element relative to the rest of the building to provide a stronger entry statement and visual interest. 3. The pump island canopy shall have two-tone stucco (fascia/cornice) to match the building. 4. Drainage for the tower roof area shall be designed to prevent all water from spilling over the cornice. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 98-25 TO DEMOLISH AN EXISTING CHEVRON SERVICE STATION AND BUILD A NEW 2,167 SQUARE FOOT SERVICE STATION/MINI MARKET, KEEPING THE PUMP ISLAND AND PUMP ISLAND CANOPY IN PLACE, ON 0.74 ACRES OF LAND IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 8687 BASE LINE ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-022-041 A. Recitals. 1. RFA, Inc.. has filed an application for the issuance of Conditional Use Permit No. 98-25, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 24th day of February 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said hearing on that date. 3. All legal prerequisites pdor 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, Pad A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public headng on February 24, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to properly located at 8687 Base Line Road with a street frontage of 180 feet on Base Line Road and 180 feet on Carnelian Street and which is presently improved with a sen, ice station and pump island; and b. The property to the north of the subject site is developed with single family homes, the property to the south and west contains the Sundse Shopping Center, and the property to the east is developed with a fast food restaurant and offices; and c. The proposed use is consistent with the General Plan and the Foothill Boulevard Specific Plan; and d. The design of the project, together with the conditions of approval, meet all applicable provisions of the Development Code; and e. The application contemplates the demolition of an existing service station building and construction of a new service station and mini-market. and proposes to keep the pump island and pump island canopy in place; and f. The development of the proposed project would not have a significant impact upon the environment; and PLANNING COMMISSION RESOLUTION NO. CUP 98-25 - CHEVRON February 24, 1999 Page 2 g. The application proposes a use which serves local needs for automobile-related services by providing gasoline dispensing and a convenience store on one premises; and h. The project includes upgrading the existing landscaping to improve the visual quality of the area; and i. The proposed parking is adequate to meet Code requirements; and j. The properly is improved with two driveways on both street frontages; however, the proposed project design includes closing one driveway on both street frontages. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the proposed Mitigated 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 Mitigated Negative Declaration based upon the findings as follows; a. The Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Mitigated 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(co1-d) or Title 14 of the California Code or Regulations. PLANNING COMMISSION RESOLUTION NO. CUP 98-25 - CHEVRON February 24, 1999 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division The following conditions shall be reflected on the final development plans and shall be subject to review and approval by the City Planner pdor to the issuance of any building permit. 1) Provide decorative paving at the north entrance to the building and walkway out to the Base Line Road sidewalk. 2) Provide heavier/thicker tdm elements for the tower and tower archway. 3) Provide decorative tile accents on the tower. 4) Roof drainage devices shall prevent all water from spilling over cornices. 5) Provide a two-tone stucco treatment on the pump island canopy to match the building. 6) All roof-mounted equipment, including any satellite dishes or antennas, shall be completely screened behind the parapet from surrounding property and streets. 7) Existing public telephone shall be relocated to the new building. Enaineerina Division 1) Additional street right-of-way shall be dedicated on Carnelian Street for a future bus bay per City Standard Plan 119. The additional right- of-way shall begin at the sou{h-end--of the existing northerly-drive approach on Carnelian Strsst north end of the proposed 40-foot wide concrete ddve approach 99 feet north of and continue to the site's southerly property line. 2) Corner property line cutoff shall be dedicated per City Standard Plan 100-B. 3) Remove ~'~ thG existing southerly drive approach on Carnelian Street and the ~,~iSting:~astedy ddve approach on Base bne Road and replace bo{h.the three with full height curb. gutter, and sidewalk. Construct a new 40-foot wide concrete ddve approach with its centerline at 68 feet 10 inches north of the site's southerly property line on the Carnelian Street frontage. 4) Public right-of-way improvements adjacent to and fronting the project site shall be protected in place and replaced as required below to the satisfaction of the City Engineer: PLANNING COMMISSION RESOLUTION NO. CUP 98-25 - CHEVRON February 24, 1999 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and n the Standard Conditions, attached hereto and incorporated herein by this reference. Planninq Division .The following conditions shall be reflected on the final developmenl plans and shall be subject to review and approval by the City Planner prior to the issuance of any building permit. 1) Provide decorative paving at the north entrance to the building and walkway out to the Base Line Road sidewalk. 2) Provide heaviedthicker trim elements for the tower and lower archway. 3) Provide decorative tile accents on the tower. 4) Roof drainage devices shall prevent all water ~'rom spilling over cornices. 5) Provide a two-tone stucco treatment on the pump island canopy to match the building. 6) All roof-mounted equipment, including any satellite dishes or antennas, shall be completely screened behind the parapet from surrounding property and streets. 7) Existing public telephone shall be relocated to the new building. Enqineednq Division 1) Additional street right-of-way shall be dedicaled on Carnelian Street for a future bus bay per City Standard Plan 119. The additional right- of-way shall begin at the south end of lhe existing northerly drive approach on Carnelian Street and continue to the sites' soulherly property line. 2) Corner property line cutoff shall be dedicated per City Standard Plan 100-B. 3) Remove the existing southerly drive approach on Carnelian Street and the existing easterly drive approach on Base Line Road and replace both with full height curb, gutter, and sidewalk. 4) Public right-of-way improvements adjacent to and fronting the project site shall be protected in place and replaced as required below to the satisfaction of the City Engineer: a) Security shall be posted and an agreement executed to the satisfaction of the City Engineer and City Attorney, guaranteetrig completion of the required improvement prior to the issuance of building permits. PLANNING COMMISSION RESOLUTION NO. CUP 98-25 - CHEVRON February 24, 1999 Page 4 b) Provide street improvement plans, prepared by a Registered Civil Engineer, for the required off-site public improvements. Processing and plan check fees will be required. c) Pdor to any work being performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the office of the City Engineer. Environmental Miticlation Measures: 1) Additional street right-of-way shall be dedicated on Carnelian Street for a future bus bay per City Standard Plan 119. 2) Comer property line cutoff shall be dedicated per City Standard Plan 100-B. 3) Remove the existing southerly drive approach on Carnelian Street and the existing eastedy ddve approach on Base Line Road and replace both with full height curb, gutter, and sidewalk. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF FEBRUARY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATFEST: Brad Buller, Secretary I. Brad Buller, Secretary of the Planning Commission oi' 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 lhe Planning Commission held on the 24th day of February 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: CONDITIONAL USE PERMIT 98-25 CHEVRON SERVICE STATION CHEVRON 8687 BASE LINE ROAD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements The applicant shall agree to defend at his sole expense any action broughl against the City. its agents. officers. or employees, because of the issuance of such approval. or in the alternative. to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees. for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. The developer Shall commence, participate in, and consummate or cause to be commenced. participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance or a fire station to serve the development. The station shall be located, designed, and built to all specifications of the Rancho Cucamonga Fire Pro~ection District, and shall become the Districrs property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station, the developer shall comply with all applicable laws and regulations. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. A copy of the signed Resolution of Approval or C y P anner's letter or approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 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. 1 C. Site Development The site shall be developed and maintained in accordance with the approved plans which include site plans. architectural elevations, exterior materials and colors, landscaping. sign program. and grading on file in the Planning Division, the conditions contained herein. and Development Code regulations. Prior to any use of the project site or business activity being commenced thereon. all Conditions of Approval shale be completed to the satisfaction of the City Planner. Occupancy of the facilities shall not commence unlil such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Proteclion District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. All site. grading. landscape, irrigation, and streel improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections of the Development Code, all other appticable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. A detailed on-site lighting plan. including a photomelric diagram. shall be reviewed and approved by the City Planner and Police Department (477-2800) prior to Ihe issuance of building permits. Such plan shall indicate style, illumination, location. height, and method of shielding so as not to adversely affect adjacent properties. All ground-mounted utility appurtenances such as transformers. AC condensers, etc., shall be located out of public view and adequately screened Ihrough the use of a combination of concrete or masonry walls. herruing. and/or landscaping to the salisfaclion of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 10. All parkways, open areas, and landscaping shall be permanently maintained by the properly owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. D, Shopping Centers 1. Graffiti shall be removed within 72 hours. Textured pavement shall be provided across circulation aisle. pedestrian walkway, and plaza. They shall be of brick/tile pavers, exposed aggregate. integral color concrete, or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. / / / / / / / / / 2 The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. E. Building Design All roof appurtenances, including air condi/ioners 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. F. Parking and Vehicular Access (indicate details on building plans) All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. , All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). Textured pedestrian pathways and textured pavemenl across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/recreational uses. All parking spaces shall be double striped per City standards and all driveway aisles. entrances. and exits shall be striped per City standards. Landscaping A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. A minimum of 30% within commercial and office projects. shall be specimen size trees - 24-inch box or larger. W~thin parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site. as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning. CUP 98-25 Complelron eale / / / / 3 fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. Special landscape features such as mounding. alluvial rock, specimen size trees, meandering sidewalks (with horizontal change). and intensified landscaping. is required at the northeast corner of the site. Landscaping and irrigation systems required to be installed within the public right-ofiway on lhe perimeter of this project area shall be continuously maintained by the developer. 10. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 11. Tree maintenance criteria Shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of/he Rancho Cucamonga Municipal Code. H. Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installalton of any signs. I. Environmental Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash. letter of credit, or other forms of guarantee acceptable to lhe City Planner in the amount of $719.0q, prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. tn those instances requiring long term monitoring (i.e.) beyond final certificate oi' occupancy), the applicant shall provide a written monitoring and repoding program to the City Planner prior to issuance of building permits. Said program shall identify Ihe repoder as an individual qualified to know whether the particular mitigation measure has been implemented. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Site Development Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., CUP 98-01). The applicant shall comply with the latest 4 / / I / / / Project No CUP 98-25 Completion eate adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. / / / / / / / / / / I / Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday. K. New Structures Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and ~re-resistiveness. 2. Provide compliance with the Uniform Building Code for required occupancy separation(s). Roofing material shall be installed as for wind-resistant roof covering at wind velocity not less than 90 mph. Plans for food preparation areas shall be approved by County of San Bernardtrio Environmental Health Services prior to issuance of building permits. Grading Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards. and accepted grading practices. The final grading plan shall be in substantial conformonce with the approved grading plan. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. The final grading plans shall be completed and approved prior to issuance of building permits. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M, General Fire Protection Conditions 1. Mello Roos Community Facilities District requirements shall apply to this project. 2. Fire flow requirement shall be 3,000 gallons per minute. A fire flow Shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. For/he purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by fire department personnel after construction and prior to occupancy. 5 Completion Date / / / / A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval, Contact the Fire Safety Division for specific details and ordering information. $677 in Fire District fee(s), and a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District prior to Building and Safety permit issuance. °' A Fire District fee in the amount or $132,00 shall be paid at the time of Water Plan submittal, · "Note: Separate plan check fees for fire protection systems (sprinklers, hood systems. alarms. etc,) and/or any consultant reviews will be assessed upon submittal of plans. Plans shall be submitted and approved prior to construction in accordance wilh 1994 UBC, UFC, UPC, UMC, NEC, and RCFO Standards 22 and 15. / / N, Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. Flammable and combustible liquids (storage, handling, or use). / / APPLICANT SHALL CONTACT THE POL CE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Lighting All parking. common, and storage areas shall have minimum mainlained 1-foot candle power. These areas should be lighled from sunset to sunrise and on pholo sensoled cell. / / + All buildings shall have minimal security lighting to elimina e dark areas around the bu Idings, with direct lighling to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. P. Security Hardware One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. All roof openings giving access to the building shall be secured with either iron bars, metal gates, Or alarmed. Q. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be refieclive for nighttime visibility. 6 CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 24, 1999 Chairman and Members of the Planning Commission Brad Buller, City Planner Brent Le Count, AICP, Associate Planner ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-31- ARBY'S - A request to modify a previously approved master plan and construct a 2,892 square foot fast-food, drive-thru restaurant on 0.56 acres of land within an integrated 82-acre shopping center in the Regional Related Commercial District of the Foothill Boulevard Specific Plan, located at the southwest corner of Foothill Boulevard and Etiwanda Avenue ~ APN: 229-031-31. Related file: Conditional Use Permit 90-37. PROJECT AND SITE DESCRIPTION: Requested Action: Approval of a Conditional Use Permit and modification of a shopping center master plan to allow a fast food restaurant with drive-thru at the Foothill Marketplace Shopping Center. Surroundinq Land Use and Zoninq: North - Vacant land and offices; Community Commercial District, Foothill Boulevard Specific Plan, Subarea 4 South - Retail; Regional Related Commercial, Foothill Boulevard Specific Plan, Subarea 4 East Fast food drive-thru restaurant; Regional Related Commercial, Foothill Boulevard Specific Plan, Subarea 4 Fast food drive-thru restaurant; Regional Related Commercial, Foothill Boulevard Specific Plan, Subarea 4 West General Plan Desiqnations: Project Site - Commercial Nodh - Commercial South- Commercial East - Commercial West Commercial Site Characteristics: The site is located within the Foothill Marketplace Shopping Center and is along the Foothill Boulevard frontage, The site is the last pad to be developed within the center. The pad in question was not slated to have a drive-thru restaurant on the approved master plan for the shopping center, so the proposal includes a revision to the master plan (Conditional Use Permit 90-37). There are fast food drive-thru restaurants on either side (east ,J ~TEM B PLANNING COMMISSION STAFF REPORT CUP 98-31 - ARBY'S RESTAURANT February 24, 1999 Page 2 and west side) that were included with the approved master plan. The site has been rough graded and the parkway improvements have been installed along Foothill Boulevard. A pedestrian connection is required from the sidewalk on Foothill Boulevard to the site. E. Parkinq Calculations: Number of Number or Type Square Parking Spaces Spaces of Use Footaqe Ratio Required Provided. Fast Food Restaurant 2,892 1/75 39 39 ANALYSIS: General: The building has been designed with colors, materials, and basic architectural elements consistent with the Foothill Marketplace Shopping Center. Staff has worked extensively with Ihe applicant to resolve major Site plan issues regarding the drive*thru lane. The final Site Plan design provides better ingress and egress, more landscaping to screen the drive-thru lane. and more vehicle stacking distance in the drive-thru. The drive-thru lane location on/he south side of the building provides maximum screening from Foothill Boulevard, in essentially identical layout to the Wienerschnitzel drive-thru restaurant to lhe west. The Planning Commission adopted its Resolution No. 88-96. (see Exhibit "H") establishing design goals and policies for businesses with drive-thru facilities such as fast food restaurants and banks. Drive-thru Design Policies do not allow drive-thru uses closer than 300 feet apart along a street. except when approved as pad of a master plan associated with a shopping center. In this case, the shopping center is master planned but the Arby's site was intended for retail shops and not specified to have a drive-thru per the master plan. Part of Ihis request is to modify the previous master plan to allow the drive-thru use. Staff believes that the existing drive-thru restaurants within the Foothill Marketplace shopping center successfully demonstrate lhat the Commission's goals can be achieved. Furlher, staff believes that there are certain advantages to clustering fast food users together in terms of circulation. land use planning, and customer convenience, when designed as pad of a master planned shopping center. Desiqn Review Committee: The Design Review Committee (McNiel, Stewart. Henderson) reviewed the project on February 2, 1999, and recommend approval with conditions. see Exhibit "1." Technical Review Committee: The Technical and Grading Review Committees have reviewed the project and recommend approval subject to the conditions oullined in the attached Resolution of Approval. Environmental Assessment: The proposed modification to the original Conditional Use Permit master plan is subject to lhe California Environmental Quality Act. The applicant completed Pad I of the Initial Study and staff compleled Pad II. In completing the checklist. staff identified PLANNING COMMISSION STAFF REPORT CUP 98-31 - ARBY'S RESTAURANT February 24, 1999 Page 3 no potential environmental impacts related to the project that were not previously addressed in the original environmental review of this shopping center. If the Planning Commission agrees, 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 approve Conditional Use Permit through adoption of the attached Resolution of Approval and issue a Negative Declaration. Respectfully submitted, Brad Buller City Planner BB:BLC:mlg Attachments: Exhibit "A" - Master Plan Exhibit "B" - Site Plan Exhibit "C" - Grading Plan Exhibit "D" - Landscape Plan Exhibit "E" - Floor Plan Exhibit "F" - Elevations Exhibit "G" - Initial Study Part II Exhibit "H" - Resolution No. 88-96 Exhibit "1" - Design Review Committee Action Agenda dated February 2, 1999 Resolution of Approval with Conditions ~uP-ca ~up-c~ :- ,,., ...... : ....... FOO~"HILL BL ~/D. " :"' I' i · "' ---- CONCEPTUAL GRADING PLAN //~J ~UP-L1 L. L ;.:',:,:,'EL 28'3'2 "bUp.AI -q , ! CUP-A; _N,O,RT__H_ELEVA~T!~N _S_OUTH EL~VATK~ City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Conditional Use Permit 98-31 2. Related Files: Conditional Use Permit 90-37 (Foothill Marketplace Shopping Center) 3. Description of Project: 10. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-31 - ARBY'S - A request to modify a previously approved master plan and construct a 2,892 square fool fast-food drive thru restaurant on 0.56 acres of land within an integrated 82 acre shopping center in the Regional Related Commercial District of the Foolhill Boulevard Specific Plan, located at the southwest corner of Foothill Boulevard and Etiwanda Avenue, APN:229-031-31. Project Sponsor's Name and Address: Gregory Watson 3600 Birch Street, Suite 250 Newport Beach, CA 92660 General Plan Designation: Commercial Zoning Regiona Commercial Foothill Boulevard Specific Plan Surrounding Land Uses and Setting: The site is pad of the Foothill Marketplace Shopping Center and there are adjacent, drive thru, fast food restauranls to the east and west of Ihe site. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact Person and Phone Number: Brent Le Count (909) 477-2750 Other agencies whose approval is required: Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-31 o Arby's Page 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. ( ) Land Use and Planning ( ) Populalion and Housing ( ) Geological Problems ( ) Water ( ) Air Qualily ( ) Transpodafion/Circulation ( ) Biological Resources ( ) Energy and Mineral Resources ( ) Hazards ( ) Noise ( ) Mandalory Findings of Significance ( ) Public Services ( ) Ulilities and Service Systems (v') Aesthelics ( ) Cultural Resources ( ) Recrealion 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 altached sheet have been added to the project, or agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. () 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 addressed 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. Signed: Brent Le Count, AICP Associate Planner January 26, 1999 Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-31 - Arby's 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. LAND a) b) c) d) USE AND PLANNING. Would the proposal Conflict with general plan designation or zoning? Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the vicinity? Disrupt or divide the physical arrangement of an established community? () () () () () (v) (v) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? () () () (v) (v) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? () () () () () () (v) (v) Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-31 - Arby's Page 4 c) d) e) 0 g) h) i) Seismic ground failure, including liquefaction? Seiche hazards? Landslides or mudflows? Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? Subsidence of the land? Expansive soils? Unique geologic or physical features? () () () () () () () () () () () () () () () (v) (v) (v) (v) (v) (v) (v') m WATER. Will the proposal result in: a) Changes in absorption rates. drainage patterns, or the rate and amount of su~ace water runoff? 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)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? 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? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? () () () () () () ) () () () () t, lll () () () () () () () () () No (v) (v) (v) (v) (v) (v) (v) Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-31 - Arby's Page 5 AIR QUALITY. Would the proposak a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) () () () () (v) (v) (¢) (v) g) TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) 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-sile? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) 0 Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) Rail or air lraffic impacts? ( ) ) () () () () ) ) () () () (v) (v) (,/) (v) (v) (v) (v) 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)? () () () (v) Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-31 - Arby's Page 6 b) Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? Wetland habitat (e.g., marsh, riparian, and vernal pool)? Wildlife dispersal or migration corridors? ENERGY AND MINERAL RESOURCES. Would the proposah a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? 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? () () ) (v) () () ) (~) () () ) (~) () () ) (v) () () ) (v) () () ) (v) () () ) (v) b) 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)? ( ) Possible interference with an emergency response plan or emergency evacuation plan? ( ) The creation of any health hazard or potential health hazard? ( ) Exposure of people to existing sources of potential health hazards? ( ) Increased fire hazard in areas with fiammable brush, grass, or trees? ( ) () () (v) () () (v) () () (v) () () (v) () () (v) Initial Study for City oi' Rancho Cucamonga Conditional Use Permit 98-31 - Arby's Page 7 10. NOISE. Will the proposal result in.' a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) () () (v) () () (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) b) C) d) e) Fire protection? ( ) Police protection? ( ) Schools? ( ) Maintenance of public facilities, including roads? ( ) Other governmental services? ( ) () () (v) () () (v) () () (v) () () (v) () () 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utilities: a) b) C) d) 0 g) Power or natural gas? Communication systems? Local or regional water treatment or distribution facilities? Sewer or septic tanks? Storm water drainage? Solid waste disposal? Local or regional water supplies? () () () () () () () () () () () () () () () () () () () () () No (v) (v) (v) (v) (v) (v) Initial Study for Conditional Use Permit 98-31 - Arby's City of Rancho Cucamonga Page 8 13. AESTHETICS. Would the proposal.' a) b) c) Affect a scenic vista or scenic highway? Have a demonstrable negative aesthetic effect? Create light or glare? () () () () () (v) (v) (v) () Comments: c) New light and glare will be created since the site is currently vacant, however, all surrounding properly has been developed with similar development so the additional light and glare will be nominal. Furthermore, the project applicant will have to submit a photometric diagram to demonstrate that no light or glare will be cast onto surrounding property or public rights of way prior to issuance of building permits. The impact is not considered significant. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? Disturb archaeological resources? Affect historical or cultural resources? Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? () () () (v) () () () (v) () () () () (v) () () (v) 15. RECREATION. Would the proposah a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? () () () (v) () () () (v) Initial Study for Conditional Use Permit 98-31 - Arby's 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? 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? ("Cumulatively 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? City of Rancho Cucamonga Page 9 () () () (v) () () () (v) () () () (v) () () () 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 for this 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 Initial 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) Initial Study for City of Rancho Cucamonga Conditional Use Permit 98-31 - Arby's Page 10 (,/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (v') Foothill Boulevard Specific Plan EIR (SCH #87021615, certified September 16, 1987) (v) Initial Study for Conditional Use Permit 90-37 for Foothill Marketplace Shopping Center (approved by Planning Commission June 26, 1991) 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 proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no signjficant environmental effects would occur. Signature: Print Name and Title: I:~FINAL~PLNGCOMM~I~NVDOC\CUP98-31PT2.env Date: 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.: Conditional Use Permit 98-31 Public Review Period Closes: February 24, 1999 Project Name: Project Applicant: Arby's Project Location (also see attached map): Located at Ihe southwest corner of Foothill Boulevard and Eliwanda Avenue, Rancho Cucamonga, San Bernardino County - APN: 229-031-31, Project Description: A request Io modify a previously approved master plan and construct a 2,892 square foot fast-food drive-thru restaurant on 0.56 acres of land within an integrated 82-acre shopping center in the Regional Related Commercial District of the Foolhill Boulevard Specific Plan. 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 Sludy shows Ihat there is no substantial evidence Ihat the project may have a significant effect on the environment. [] The Initial Study identilied potentially significant effects but: (t) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negalive Declaration was released for public review would avoid Ihe effects or miligate the effects to a poinl where cleady 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. If adopted, the Negative Declaration means that an Environmental Impact Report will not be req uired. Reasons to support this finding are 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 24, 1999 Dale of Determination Adopted By RESOLUTION NO. 88-96 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING INTERIM DESIGN GOALS AND POLICIES FOR BUSINESSES WITH DRIVE-THRU FACILITIES WHEREAS, the Planning Commission has expressed numerous concerns with businesses that have drive-thru facilities including, but not limited to, fast food restaurants. The concerns are compatibility of use, circulation. and visual and aesthetic appearance. Previous projects have not adequately addressed these concerns, especially in the screening of the drive-thru lane; and WHEREAS, there is a need to establish a design goal for businesses with drive-thru Facilities to guide future development; and WHEREAS, development standards and design guidelines are necessary to · implement the design goal for businesses with drive-thru facilities; and WHEREAS, such development standards and design guidelines are needed to provide clear direction and guidance to developers and staff alike. NOW, THEREFORE, BE IT RESOLVED that the Commission does hereby establish interim policies thru facilities as follows: Rancho Cucamonga Planning for businesses with drive- Section l: Goal Statement The intent of the guidelines is to assist the designer in understanding and complying with the City standards for building and site design. The goal is to provide high quality design, compatibility of use, and mitigate environmental and aesthetic concerns that are created by this type of land use. The following design standards and guidelines shall apply to uses with drive-thru facilities typically including, but not limited to, fast food restaurants, banks, mini-markets, dairy, photo kiosks, or auto service. Section 2: Development Standards Location - Uses with drive-thru facilities shall be 300 feet away from any intersection and from another drive-thru facility on the same side of the street, except within a shopping center or Master Plan. Restaurants with drive-thru facilities shall be a minimum of 200 feet away from any residential use or district boundary. PLANNING COMMISSION RESOLUTION NO. DRIVE-THRU INTERIM DESIGb~ GOALS/POLICIES May 11, 1988 Page 2 Site Area - Uses with drive-thru facilities shall have a minimum 1 acre net land area. This minimum land area may be modified when the drive-thru facility is within a Master Plan or an integrated shopping center through the Design Review process. The minimum floor area for drive-thru facilities shall be 2,500 square feet. The minimum floor area for a drive-thru facility other than a fast food restaurant may be modified through the Design Review process. The maximum site coverage shall be 40 percent of the net lot area. The minimum on-site landscaping, which includes articulated plazas, courtyards, and patios, shall be 15 percent of the net lot area exclusive of public right-of-way. Parking and the drive-thru lane shall be setback 45 feet from the ultimate curb face. Greater setbacks may be required as mentioned in the Specific Plan and as deemed necessary during the Design Review process. Section 3: Design Guidelines Site Planning/Building Orientation - Future drive-thru facilities in a Master Plan or shopping center shall be identified early in the review process to avoid retrofitring the uses at a later date. The site design shall minimize pedestrian/vehicle conflicts and avoid locating driveways and service areas which interfere with the flow of the on-site circulation. Building placement shall be done in a manner to create new pedestrian spaces and plaza area. Buildings shall orient the public entrances toward the street. Building layout should be oriented to screen the drive-thru lane. Drive-thru lanes shall be screened through building orientation, the use of a combination of low screen walls, heavy landscaping, and trellis work. Separate pay windows and pick-up windows should be provided. Stacking Distance/Parking - The drtve-thru lane shall be a sufficient length to accommodate the necessary stacking of cars. The stacking distance shall be determined through a parking study as stated in Section 17.12.040C, Special Requirements of the Parking Ordinance. Each drive-thru lane shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site. PLANNING COMNISSION RESOLUTION NO. DRIVE-THRU INTERIM DESIGN GOALS/POLICIES May 11, 1988 Page 3 Parking The parking requirements for drive-thru facilities shall be according to Section 17.12 of the Parking Ordinance, The gross floor area for outdoor seating shall be subject to the same parking requirement. Pedestrian Orientation - The Site Plan shall create opportunities for courtyards and plazas and other landscape open space to promote safe and convenient pedestrian movement with continuous landscape pathway between buildings. The design should discourage a need for pedestrians to have to cross a drive-thru wherever possible. Architecture - Standardized "corporate" architectural styles associated wit a chain is prohibited. Drive- thru faci]ities within an integrated shopping center or Naster Plan must have architectural style consistent with the theme established in the center. Architecture must provide compatibility to surrounding uses in form, materials, colors, scale, etc. Building planes shall have variation in depth and angle to create variety and interest in its basic form and silhouette of the building. Articulation of building surface shall be encouraged through the use of openings and recesses which create texture and shadow patterns. Building entrances shall be well articulated and project a formal entrance through variation of architectural plane, pavement surface. treatment, and landscape plaza. Signing - All signs shall conform with the provisions of the Sign Ordinance. Drive-thru facilities within an integrated shopping center or Master Plan must comply with the Uniform Sign Program as established in the center. Section 4: Performance Standards Special performance standards for restaurants with drive-thru facilities: The use shall be operated in a manner which does not interfere with the normal use of adjoining properties. If, in the opinion of the City Planner, the provisions of this paragraph are being violated, the violations shall be grounds for reopening Conditional Use Permit hearings and adding conditions to control the violation. Performance standards include, but are not limited to the following considerations, which, where appropriate, shall be incorporated as conditions of approval in all use permits as determined by the Planning Commission or City Council: PLANNING COMMISSION RESOLUTION NO. DRIVE-THRU INTERIM DESIGN GOALS/POLICIES May 11, 1988 Page 4 (1) Noise levels measured at the property line shall not exceed the level of background noise normally found in the area. (2) The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. For drive- thru restaurants or other uses which typically generate trash or litter, adequate trash containers, as determined by the City Planner, shall be required and employees shall be required daily to pick up trash or litter originating from the site upon the site and within 300 feet of the perimeter of the property. (3) All graffiti shall be removed within 72 hours. No undesirable odors shall be generated on the site. /5) The on-site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises. A copy of these performance standards and all Conditional Use Permit conditions of approval shall be posted along side the necessary business licenses and be visible at all times to employees. APPROVED AND ADOPTED THIS llTH DAY OF MAY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r y . c le airman ATTEST: ~ I, Bra Ythe 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 tile City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the llth day of May, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: CHITlEA, BLAKESLEY, ENERICK, MCNIEL, TOLSTOY HOES: COMMISSIONERS: NONE ABSENT: COMMISSIOHERS: NONE DESIGN REVIEW COMMENTS 7:00 p,m. Brent Le Count February 2. 1999 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 98-31 - ARBY'S - A request to modify a previously approved master plan and construct a 2,892 square foot fasl-food drive-thru restaurant on 0.56 acres of land within an imegrated 82 acre shopping center in the Regional Related Commercial Oislrict of the Foothill Boulevard Specific Plan, laceled at the southwesl corner of Foothill Boulevard and Etiwanda Avenue - APN: 229-031-31 Oesiqn Parameters: The site is located wilhln Ihe Foothill Marketplace Shopping Cenler and is along the Foothill Boulevard fronlage, The sile is the lasl pad to be developed within the cenler. The pad in question was not slated to have a drive-lhru reslauran~ on Ihe approved master plan for the shopping center so the proposal includes a revision Io the masler plan, There are fast food drive-thru restaurants on either side (east and west} Ihat were included wilh the approved master plan. The site has been rough graded and Ihe parkway improvements have been installed along Foothill Boulevard. A pedestrian connection is required from Ihe sidewalk in Foothill Boulevard to Ihe sile. Staff Comments: The following commenls are intended Io provide an oulline for Committee discussion. Meier Issues: The following broad design issues will be the focus of Committee discussion regarding this project: Staff has worked with applicant Io resolve major design issues regarding ddve-lhru lane which resulted in better ingress/egress. more vehicle stack ng. and more landscaping to screen drive- Ihru lane. 2. The building has been designed with colors, materials, and basic archileclural elemenls consistent with Ihe Foothill Marketplace Shopping Center. 3. Provide an outdoor eating area within Ihe larger landscape area al the norlheasl corner of Ihe building. including fables and chairs. Secondary Issues: Once all of Ihe major issues have been addressed. and time permitting, Ihe Committee will discuss the following secondary design issues: Provide a densely planled evergreen hedgerow, berming. low decorative walls, or any combination thereof within the landscape setback along Foothill Boulevard to screen pedestrian pathway ramp and drlve-lhru lane enlrance/exi~ as much as possible. This includes provision of landscaping within the long narrow strip along the south side of the pedeslrian access ramp, 2. Wrap cornice Ireatmenl around all four sides of flal tower elements on side and rear elevations. 3. The flat tower element on Ihe south elevation should be made deeper Io match the dimensions of the lowers on the east and wesl elevations. 4. Provide a low decorative masonry wall along soulh edge of site to screen views of Ihe drive-thru lane from the east/wesl shopping center drive aisle. _5,</,, ,~., ,-- ' :z' DRC COMMENTS CUP 98-31 - ARBY'S February 2, 1999 Page 2 5. Provide trellis feature along the south side of the building to visually integrate the drive-lhru lane with lhe building. Policy Issues: The following items are a mailer of Planning Commission policy and should be incorporated into Ihe project design without discussion: Provide a minimum building setback of 45 feel from Ihe face of curb on Foothill Boulevard per the Foothill Boulevard Specific Plan. 2. A minimum of 15 percenl of the site area shall be landscaped per the Foolhill Boulevard Specific Plan. 3. All exterior building colors and materials, light I~xtures, light slandards, and pedestrian furniture shall match that of the Foothill Markelplace Shopping Cenler. Staff Recommendation: Staff recommends approval subject to the above commenls. Desiqn Review Committee Action: Members Present: Larry McNiel, Pam Slewan, and Larry Henderson Slaff Planner: Brent Le Counl The Comm ee (McN el. Stewarl Henderson) reviewed the project and recommended approval subject to staffs commenls and Ihe following: 1. Provide a decorative wrought iron fence along Ihe lop of the retaining wall on lhe soulh side of the drlve-thru lane to screen Ihe drive-thru lane. 2. Provide vine planlings at lhe base of the retaining wall along Ihe south side of the drive-thru lane and train vine to climb wall/wrought iron. 3. Provide hedgerow planrings with largesl available plant materials along the south side of the drive-lhru lane to screen Ihe drive-lhru lane. 4. Relocate trash enclosure to southeast corner of building adjacenl Io the Edison box. 5. Provide continuous screen wall around bolh the trash enclosure and the Edison box. 6. Provide illuminalion for handicapped ramp leading from sidewalk in Foolhill Boulevard. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 98-31 TO MODIFY A PREVIOUSLY APPROVED MASTER PLAN (CONDITIONAL USE PERMIT 90-37) AND CONSTRUCT A 2,892 SQUARE FOOT FAST-FOOD DRIVE-THRU RESTAURANT ON 0.56 ACRES OF LAND WITHIN AN INTEGRATED 82 ACRE SHOPPING CENTER IN THE REGIONAL RELATED COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF APN: 2294031-31. A. Recitals. 1. Jess Foods, Inc. has filed an application for the issuance of Conditional Use Permit No. 98-31, as described in the title of this Resolution. Hereinafter in Ibis Resolution, the subject Conditional Use Permit request is referred to as "the application."' 2. On the 24th day of February 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said headng on that date. 3. All legal prerequisites pdor 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, Pad A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on February 24, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southwest comer o~' Foothill Boulevard and Etiwanda Avenue with a street frontage of 160 feet and lot depth ol' 146 feet and which is presently vacant; and b. The property to the north of the subject site is vacant and developed with small offices, the properly to the south, east, and west consists of vadous uses within the Foothill Marketplace Shopping Center including other fast food drive-thru restaurants; and c. The proposed use is consistentwith General Plan objective to provide commercial facilities to meet the retail and service needs of the community which are conveniently accessible; and PLANNING COMMISSION RESOLUTION NO. CUP 98-31 - JESS FOODS, INC. February 24, 1999 Page 2 d. The proposed design incorporates many architectural elements characteristic of the Foothill Marketplace Shopping Center consistent with the Foothill Boulevard Specific Plan objective to provide compatible building elevations; and e. The proposed building layout orients the main pedestrian entry towards Foothill Boulevard while screening the drive-thru lane consistent with Planning Commission Resolution No. 88-96, Drive-Thru Facility Guidelines. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public headng and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in ihe proposed Negative Declaration, together with all wdtten and oral reports included for the environmental assessment for the application, Ihe Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. The Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b, Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Furlher, based upon substantial evidence contained in the Negative Declaration, the staff repods 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 fodh in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1.2.3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. CUP 98-31 - JESS FOODS, INC. February 24, 1999 Page 3 Planninq Division 1) Provide densely planted evergreen hedgerow, berming, low decorative walls, or any combination thereof, within landscape setback along Foothill Boulevard to screen pedestrian pathway ramp and drive-thru lane entrance/exit as much as possible. This includes provision of landscaping within long narrow stdp along south side of pedestrian access ramp. 2) A minimum of 15 percent of the site area shall be landscaped per the Foothill Boulevard Specific Plan. 3) All extedor building colors and materials, light fixtures, light standards, and pedestrian furniture shall match that of the Foothill Marketplace Shopping Center. 4) On-site directional signs for the drive-thru shall not include any business identification or Iogos as prohibited by the City's Sign Ordinance. 5) Decorative trash receptacles shall be provided outside the building. 6) Provide a decorative wrought iron fence along the top of the retaining wall on the south side of the drive-thru lane. 7) Provide vine planrings at the base olr the retaining wall along the south side of the drive-thru lane and train vines to climb wall/wrought iron. 8) Provide hedgerow planting with the largest available plant materials along the south side of the ddve-thru lane to screen the ddve-thru lane. 9) Provide lighting for handicapped access ramp leading from sidewalk in Foothill Boulevard. Enqineerinq Division 1) Install the missing portion, approximately 4 feet square, of sidewalk improvements on Etiwanda Avenue at the southeast corner of the shopping center, prior to building permit issuance. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24THD DAY OF FEBRUARY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. CUP 98-31 - JESS FOODS, INC. February 24, 1999 Page 4 BY: Larry T. McNiel, Chairman AI'I'EST: Brad Buller, Secretary I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of February 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: Conditional Use Permit 98-31 Arby's Restaurant Jess Foods. Inc, Southwest corner Foothill Boulevard/Eliwanda Avenue ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements The applicant shall agree to defend at his sole expense any action brought against Ihe City, ils agents, officers, or employees. because of the issuance of such approval. or in Ihe alternalive. to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may. at ils sole discretion, padicipate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. A copy of the signed Resolution of Approval or Cty P anner's letter of approval, and all Standard Conditions. shall be included in legible form on Ihe grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time LImits Approval shall expire, unless extended by the Planning Commission, if building permils are no/ issued or approved use has not commenced within 24 months from the date of approval. C. Site Development The site shall be developed and maintained in accordance with the approved plans which include site plans. architectural elevations. exterior materials and colors, landscaping. sign program. and grading on file in the Planning Division. the conditions contained herein. Development Code regulations. and the Foothill Boulevard Specific Plan Prior to any use of the project si e or business act v ty being commenced thereon all Conditions of Approval shall be completed to the satisfaction of the City Planner. / / / / / / / / / / / I Occupancy of the facilities shall not commence until such lime as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to lhe Rancho Cucamonga Fire Proteclion District and lhe Building and Safely Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. All sile, grading, landscape, irrigation, and streel improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading. iree removal, encroachment, building. etc.) or prior to final map approval in Ihe case of a custom Io/subdivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effecl at the time of building permit issuance. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, localion, height. and melhod of shielding so as not to adversely affect adjacent properties. Trash receptacle(s) are required and shall meet City standards. The final design. localions, and the number of trash receptacles shall be subject Io City Planner review and approval prior to the issuance of building permits. All ground-mounted ulility appudenances such as transformers. AC condensers. etc., shall be located out of public view and adequately screened through the use of a combinalion of concrete or masonry walls. berming. and/or landscaping to lhe satisfaction of the Cily Planner. For single family residential developments. Iransformers shall be placed in underground vaults. 10. All building numbers shall be identified in a clear and concise manner. including proper illumination, D. Shopping Centors A uniform hardscape and street furnilure design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards. etc., shall be utilized and be compatible with the established theme for shopping cenler. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. Provide for the following design lealures in each trash enclosure. to the satisfaction of the City Planner: a. Architecturally integrated inlo the design of (the shopping center/the project). Separate pedestrian access that does not require the opening of Ihe main doors and to include self-closing pedestrian doors. c. Large enough to accommodale two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. / / / / / I / / / / / / 3. Graffiti shall be removed within 72 hours. 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: Noise Level - All Commercial activities shall not Create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. Loading and Unloading - No person shall cause the loading. unloading. opening. closing, ot other handling of boxes, crates, containers, building materials, garbage cans, or olher similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. Textured pavement shall be provided across circulation aisle, pedestrian walkway. and plaza. They shall be of brick/tile pavers, exposed aggregate. integral color concrete, or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. The lighting fixture design shall compliment the architectural program. it shall include the plaza area lighting fixtures. building lighting fixtures (exterior). and parking lot lighting fixtures. E. Building Design 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. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. F. Parking and Vehicular Access (indicate details on building plans) All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall. supped column, or other obstruction. the space shall be a minimum of 11 feet wide. All parking Io/landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking slall (including curb). Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/recreational uses. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped, Comple~lon Date / / / / / Bicycle storage spaces shall be provided. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. G. Landscaping A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permils or prior final map approval in the case of a custom lot subdivision. A minimum of 30% within commercial and office projects, shall be specimen size trees - 24-inch box or larger. tAftthin parking lots. trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. sufficient to shade 50% of the parking area at solar noon on August 21. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building, All private slopes of 5 feet or less in vertical height and of 5:1 or greater slope. but less than 2:1 slope, shall be. at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less than 8 feet in vedical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1 -gallon or larger size shrub per each 100 sq. it, of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For multi-family residential and non-residential development. property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming, Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. / / The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for,consistency with any parkway landscaping plan which may be required by the Engineering Division, / / Completion Dale Special landscape features such as mounding and intensified landscaping. is required along Foothill Boulevard. / / / / / / 10, Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 11. All walls shall be provided with decorative treatment. If located in public maintenance areas. the design shall be coordinated with the Engineering Division. 12. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species, 13. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chaplet 19.16 of the Rancho Cucamonga Municipal Code. Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Uniform Sign Program for Foothill Marketplace and the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Site Development Plans Shall be Submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i,e., CUP 98-3 t ), The applicant shall comply with the latest adopted Uniform Building Code. Uniform Mechanical Code, Uniform Plumbing Code, National Eleclric Code, Title 24 Accessibility requirements, and all other applicable codes. ordinances, and regulations in effect at the time oi' issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoplion Ordinance and applicable handouls. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include. but are not limited to: Transportation Development Fee. Drainage Fee. School Fees, Permit and Plan Checking Fees. Street addresses shall be provided by the Building Official. after tracl/parcel map recordalien and prior to issuance of building permits. Construction activity shall not occur between the hours of 8:00 p,m, and 6:30 a,m. Monday through Saturday, with no construction on Sunday, J. New Structures 1. Provide compliance with the Uniform Building Code for required occupancy separation(s). Roofing material shall be installed as for wind-resistant roof covering at wind velocity not less than 90 mph. / / / / / / __/ / / / / Plans for food preparation areas shall be approved by County of San Bernardtrio Environmental Health Services prior to issuance of building permits. Grading Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. General Fire Protection Conditions 1. Fire flow requirement shall be 2,000 gallons per minute. X a. A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior Io water plan approval. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by fire department personnel after construction and prior to occupancy. X b. + Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, and operahie prior Io delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. Prior to the issuance of building permits for combustible construclion, evidence shall be submitted to the Fire District that an approved temporary water supply for fire protection is available, pending completion of Ihe required fire protection system. 4. An automatic fire extinguishing system(s) will be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15. 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 the sprinkler system is adequate for proposed operations. 5. A fire alarm system(s) shall be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15. 6. Roadways within project shall comply with the Fire Dislricrs fire lane standards, as noted: X All roadways per Rancho Cucamonga Fire Protection District Ordinance 22. Emergency secondary access shall be provided in accordance with Fire District standards. All trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire apparatus. / I / / / / / / A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 10. $132.00 Fire District fee(s), and a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District prior to Building and Safety permit issuance. ** A Fire District fee in the amount of $132.00 shall be paid at the time of Water Plan submittal. · 'Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submiltal of plans. 11. Plans shall be submitted and approved prior to construction in accordance with 1994 U BC, UFC, UPC, UMC, NEC, and RCFD Standards 22 and 15. APPL CANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Security LIghting All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. All buildings shall have minimal security ight ng to e m nale dark areas around the buildings, with direct lighling to be provided by all entryways. Lighting shall be consislent around the entire development. 3, Lighting in exterior areas shall be in vandal-resistant fixtures. / / / / / / / / N. Security Hardware One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any ocking device, tempered glass or a double cylinder dead bolt shall be used. O. Windows 1. Store front windows shall be visible to passing pedestrians and traffic. P. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. Q. Alarm Systems Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 7 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT February 24, 1999 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner ENVIRONMENTAL IMPACT REPORT (EIR) FOR GENERAL PLAN AMENDMENT 98-02. VICTORIA COMMUNITY PLAN AMENDMENT 98-01 AND ETIWANDA SPECIFIC PLAN AMENDMENT 98-01 -AMERICAN BEAUTY DEVELOPMENT CO. (VICTORIA ARBORS PROJECT) BACKGROUND: Our consultant, LSA, Inc., has completed a draft EIR for the above-described project. A copy of the draft EIR was sent to the Commission under separate cover. Based upon the Commission's discussions at the two previous workshops for the proposed Arbors project. staff believes additional analysis on land use alternatives will be needed. According to the California Environmental Quality Act (CEQA). once the draft EIR has been circulated for pubic review, any changes or additions will require the same 45-day review period prior to finalizing the EIR. The draft EIR for the project was circulated for review with a deadline ending on February 9, 1999. Therefore, the additional analysis on land use alternatives would trigger another review and delay the completion of the draft Final EIR. Staff requests this item be continued and rescheduled for public hearing at a later date. RECOMMENDATION: Staff recommends the Commission continue the item and direct staff to reschedule and re-advedise it for public hearing at a later date. Respectfully submitted. City Planner BB:NF/jfs ITEM C _/ K CI'I'Y OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: February 24, 1999 Chairman and Members of the Planning Commission Brad Buller, City Planner Rebecca Van Buren, Associate Planner WIRELESS COMMUNICATION FACILITIES ORDINANCE - A request to initiate an amendment to the regulations concerning wireless communication facilities. BACKGROUND: AirTouch Cellular and Southern California Edison have provided staff with a pr~p~sa~regardingp~~entia~revisi~nst~thewire~essc~mmunicati~nfacilities~rdinance. Revisions are relatively minor and are consistent with the purpose and intent of the ordinance. Essentially, revisions offer greater siting opportunities by allowing locations on utility towers, light poles, and additional stealth facilities to minimize skyline clutter. Staff feels there is merit to exploring these revisions in a code amendment. The attached letter explains the proposed changes in detail. AirTouch Cellular has withdrawn its variance application involving a communication site concealed within a proposed 70-foot high cross at the Alia Loma Brethren in Christ Church, located at 9974 19th Street. Staff and the applicant believe that a code amendment would be a more appropriate vehicle to address siting issues. RECOMMENDATION: Staff recommends the Planning Commission direct staff to prepare a code amendment to the wireless communication ordinance for its consideration. Respectfully submitted, City Planner BB:RVB/jfs Attachments: Exhibit "A" - AirTouch Letter Exhibit "B" - Draft Ordinance Exhibit "C" - Edison Letter ITEM D RICHARDS & WILKES , PLANNING AND DEVELOPMENT CONSULTING Janua~ 25,1999 City of Rancho Cucamonga Planning Commission 10500 Civic Center Drive Rancho Cucamonga, CA. 91729 RECEIVE{) JAN I] 8 B<:J9 City ol Rancho Cucamonga Ranning Division RE: Proposal by AirTouch Cellular to Amend Selected Sections of City Code Governing Wireless Communication Facilities, Ordinance No. 570 Dear Commissioners: On behalf of AirTouch Cellular, I request that the Commission initiate amendments to Ordinance No. 570 governing the location and construction of wireless communication facilities. On October 28, 1998, the Commission considered Variance No. 98-03, a proposal by AirTouch Cellular to increase the maximum height of the Medium Residential District from 50 to 70 feet for the purpose of constructing a cross- tower on property owned by AIta Loma Brethren in Christ Church. The cross structure was to be used to conceal cellular antennas. The Commission determined that the variance was not the appropriate regularDry tool to accomplish our objective, and was not supportive of increasing the height limit. The matter was continued off calendar and it was suggested that we meet with Staff. Subsequent to the hearing we met with Brad Duller, Dan Coleman and Cecilia Willtams, to discuss our service dilemma and develop some options. We concluded that a few modest modifications to the Wireless Code would resolve many of our concerns and offer greater siling opportunities. Attached is a copy of the existing Code with our suggested revisions noted in bold Italic. Please understand that it is not our intent to effectuate wholesale changes to the Code, or undermine its original purpose. Rather, we are proposing some reasonable revisions that would allow AirTouch, and other carriers as well, to site facilities in selected locations, and still meet the objectives embodied in the code. Before addressing the specific code sections, let me outline our goals for service in the City of Rancho Cucamonga. ( ~2~[[' \\A ~/f RICHARDS &WILKES ~"'~'~'~ 6529 RIVERSIDE AVENUE. SUITE 115. RIVERSIDE. CA. 92506 909-276-8010 / FAX 909-276-8013 RCPC Page 2 of 4 Improve service in the northerly reaches of the City: Our service in the nodh area of the City is marginal at best. Specifically, we have two problems to solve: a) Capacity - The existing cell sites are reaching capacity, which means there is an insufficient number of channels available during peak calling periods. b) Signal Strength - The signal from the existing sites is borderline and calls can not always be "handed off" from one site to another. Both problems result in an unacceptable number of dropped and uncompleted calls. New facilities, especially in the northerly portion of the City, will bring service to acceptable levels. Prepare for service along the Highway 210 / 30 Corridor: As you know the freeway is under construction. We are interested in establishing sites along this corridor now, so we are prepared to serve motorists and commuters using the new route. The City Wireless Facilities Code (Ordinance No. 570) contains three provisions that impact the siting of our facilities, and thus our service. Definition of major facilities - The Code defines a "major facility" as any ground or roof mounted facility. This includes any freestanding facility, even if the facility is designed to blend into the existing environment, i.e. stealth facility. To some extent, the provision conflicts with the primary siting criterion contained in the code, namely that stealth sites with concealed antennas are preferred. Furthermore, due to the language used in the definition, antenna mounted to a utility pole are also considered major facilities. Residential limitations to the siting of major facilities - The Code bars all major facilities in residential zones and within 500 feet of residential uses. This provision creates two obstacles to the improvement of service in the nodherly portions of the City: · Most properties along the Highway 210 / 30 corridor are zoned for. or developed in, residential uses. · Properties that are not zoned for residential use. and potentially available for wireless facilities. are usually within 500 feet of such Uses. RCPC Page 3 of 4 Provision for temporary facilities - Once a facility is approved it takes approximately 6 months to get it on line. When the site is a high priority. It would be helpful if the Code allowed for the deployment of a temporary / interim cell site, while the permanent site is under construction. 4. The provisions relating to co-location preclude do not address co-location on a non-conforming facility (approved prior to adoption of Ordinance No. 570). To resolve these siting issues we propose the following minor revisions to the Code. A. Add "utility towers" and "light poles" to the definition of the term "building mounted". This change, combined with the provisions relating to minor wireless facilities. will allow carriers to mount antennas to electric towers and light standards. under the Minor Development Review process. We believe this revision will encourage structure-mounted facilities. in compliance with the Code. B. We ask that the definition of "minor wireless communication facility" encompass a "stealth facility" that is constructed within the height limit of the applicable zone. Because minor facilities are permitted in residential zones. this modest change would encourage stealth-designed facilities where they are compatible with residential development. Furthermore, there will be no visual impact on residential properties. as a properly designed stealth facility will appear to be an element of an already existing use. C. The Code encourages co-location, however, when an antenna array is to be placed on a non-conforming facility, the Development Code requires that the modified facility conform to the current Wireless Code standards. including the residential limitations. We recommend that the Code be amended to allow, without conforming to new standards, the modification of an existing facility for co-location purposes. D. Finally, we ask that the City offer a carrier the opportunity to deploy a temporary facility while the approved permanent facility is under construction. AirTouch, and other carriers, are working to improve the design of wireless facilities. As you know, it is not unusual to see towers designed as pine trees. palm trees. crosses, clock towers. and windmills. to name a few. Furthermore, we are working with Southern California Edison to establish a master agreement RCPC Page 4 o~ 4 that will allow the mounting of antennas on electrical towers. We simply ask that our efforts and successes can be reflected in your City's Code. Thank you for your consideration of this request. Sincerely, Joseph A. Richards Land Use Consultant to AirTouch Cellular ORDINANCE NO. 570 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING TITLE 17, OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 17.26 THERETO AND ESTABLISHING REGULATIONS APPLICABLE TO WIRELESS COMMUNICATIONS FACILITIES. A. RECITALS. 1. The City of Rancho Cucamonga is receiving applicaljons to construct wireless communication facilities in the City of Rancho Cucamonga. Currently, the City lacks comprehensive regulations and standards applicable to such facilities. 2. Establishing regulations and standards applicable to construction and operation of wireless communication facilities will serve to reduce the potential for negative impacts on the community presented by such facilities. 3. Failure to implement wireless communications regulations will likely result in a substantial number of wireless communications facilities being installed without protective measures necessary to the public safety or welfare, and without standards necessary to the proper consideration of applications before the City. .4. The Planning Commission of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing concerning this Ordinance and has recommended adoption thereof. 5. The City Council of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance. 6. All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby find and ordain as follows: SECTION 1: In all respects as se~ forth in Ihe Recitals, Part A, of this Ordinance. Ir2rT'I Ordinance 570 Page 2 of 10 SECTION 2: The provisions of this Ordinance set forth herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated thereunder and, further, said Council finds that it can be seen with certainty that there is no possibility that said provisions are therefore exempt from the requirements of the California Environmental Quality Act pursuant to the Provisions of Section 15061 (b)(3) of Division 6 of Title 14 of the California Code of Regulations. SECTION 3: Title 17 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new Chapter 17.26 to read, in words and figures, as follows: Chapter 17.26 SECTIONS 17.26.010 17.26.020 17.26.030 17.26.040 17.26.050 17.26.060 17.26.070 WIRELESS COMMUNICATIONS FACILITIES Purpose. Definitions. Development criteria for all ,Mreless communications facilities. Approval of minor wireless communications facilities. Approval of maior wireless communications facilities. Heiqht. criteria for major wireless communications facilities. Conditional use permit required. 17.26.080 Variance. 17.26.090 Revocation. 17.26.100 Abandonment. 17.26.010 Purpose. The purpose of these regulations and guidelines is to regulate the establishment of wireless communication facilities and thereby protect the public health, safety, general wolfare, and quality of life in Rancho Cucamonga, while preserving the rights of wireless communications providers. The Rancho Cucamonga City Council has found and determined that these regulations and guidelines for Ordinance 570 Page 3 of 10 wireless communication facilities are necessary to attain these goals. These regulations are intended to supersede applicable provisions of the Rancho Cucamonga Development Code pertaining to communication facilities, and to establish flexible guidelines for the governance of wireless communication facilities which recognize the unique land use distribution, topography, and aesthetic characteristics of the City of Rancho Cucamonga. Wireless communication facilities are prohibited in the City of Rancho Cucamonga except as otherwise provided herein. 17.26.020 Definitions. Unless otherwise stated, the following definitions pertain to this Ordinance: "Antenna" means a device used in wireless communications, which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or short-wave radio reception purposes. "Building-Mounted" means mounted to the side of a building, to the facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure. "Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites. "Co-located" means the locating of wireless communications equipment from more than one provider on a single wireless communication facility. "Ground-Mounted" freestanding structure antenna. means mounted to a pole, monopole, tower, or other specifically constructed for the purpose of supporting an "Major Wireless Communication Facility" means a wireless communication facility that is ground- or roof-mounted or mounted in or on any public property including the public right-of-way. "Minor Wireless Communication Facility" means a wireless communication facility that is stealth in design and does not exceed the height limit of the district in which it Is located, or building-, facade-. or wall-mounted and does not exceed the height of the parapet wall or roofline of the building. A roof-mounted facility, which is O~inance 570 Page 4 of 10 screened by a solid material on all four sides and does not exceed the maximum height of the district shall be considered a minor wireless communication facility. "Monopole" means a structure composed of a single spire. pole, or tower used to support antennas or related equipment. "Mounted" means attached or supported. "Personal Communication Service" means digital low-power, high frequency commercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location. "Roof-Mounted" means mounted above the eave line of a building. "Stealth Facility" means any communication facility which is designed to blend into the surrounding environment, typically one ihat is architecturally integrated into a building or other concealing structure, and, shall include and mean any concealed antenna. "Temporary Wireless Communication Faci~ty" means a wireless communication facility that is kept portable or mobile and deployed while a permanent facility is under construction. 'Wireless Communication Facility" means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications. and which has been granted a Certificate of Public Convenience and Necessity, or a Wireless Registration Number by the California Public Utilities Commission, or otherwise provides wireless communications services to the public. 17.26.030 Development criteria for all wireless communication facilities. A. Screening and Site Selection Guidelines. 1. Stealth facilities and concealed antennas are preferred. Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists. applicants shall provide screening satisfactory to the City Planner. or as otherwise required herein. Ordinance 570 Page 5 of 10 Ground-mounted wireless communication facilities shall be located only in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles. trees of comparable heights, and in areas where they will not detract from the appearance of the City. 4. Wireless communication facilities shall be located in the following order of preference: a. Co-located with other major wireless communication facilities. b. On existing structures such as buildings, communication towers, or utility facilities. c. On existing signal, power, light, or similar kinds of poles. d. in industrial districts. e. in commercial districts. f. In residential districts (minor wireless communications facilities only. 5. Major wireless communication facilities are not permitted to locate within 500 feet of any residential structure, within any residential district. or within 500 feet of any existing, legally established major wireless communication facility except as follows: a. When co-located on the same building, structure, or wireless facility. b. The faci~ty replaces or modifies an existing faci~ty for purposes of co- location. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest properly line of any residential land use. or to the nearest point of another major wireless communication facility. B. Development Requirements. Ordinance 570 Page 6 of 10 1. As part of the application process, applicants for wireless communication facilities shall be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). 2. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the district in which the accessory equipment is located, subject to City approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. 4. Wireless communication facilities shall be subdued colors and non-reflective materials, which blend with surrounding materials and colors. 5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building. 6. Monopoles and antennas shall be no greater in diameter or other crosssectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the City Planner establishing compliance with this subsection. 17.26.040 Approval of minor wireless communication facilities. Minor wireless communication facilities shall be subject to approval by the City Planner pursuant to Section 17.06.020 Minor Development Review procedures of the Rancho Cucamonga Development Code. In considering applications for minor wireless communication facilities, the City Planner shall be guided by both the provisions of Section 17.06.020 and this Ordinance. However, in the event of any inconsistency in said standards, the provisions of this Ordinance shall govern. The decision of the City Planner shall be final unless appealed within 10 calendar days pursuant to Section 17.020.080 of the Rancho Cucamonga Development Code. 17.26.050 Approval of major wireless communication facilities. Major wireless communication facilities shall be subject to approval by the Planning Commission. In considering applications for major wireless communications facilities. the Planning Commission shall be guided by the provisions of the Rancho Cucamonga O~inance 570 Page 7 of 10 Development Code and this Ordinance, However, in the event of any inconsistencies in said standards, the provisions of this Ordinance shall govern. The decision of the Planning Commission shall be final unless appealed in writing within 10 calendar days pursuant to Section 17.02.080 of the Rancho Cucamonga Development Code. 17.26.051 Deployment of Temporary Facility. A temporary wireless communication facility may be deployed subject to approval by the City Planner and the following: 1. A permanent wireless communication facility has been approved for the property in question. 2. The temporary facility was approved as part of the conditional use permit or minor development review. 3. The facility is deployed for no more than 6 months, provided that two extensions may be granted by the City Planner; however, the total period shall not exceed one year. 17.26060 Heiqht criteria for maior wireless communications facilities. No wireless communications facility shall exceed the maximum building height for the applicable district unless the facility is utilized by two or more wireless communication proriders pursuant Io a conditional use permit. The Planning Commission may consider approval of facilities proposed to exceed the maximum height limit subject to the review and approval of a conditional use permit application pursuant to Section 17.04.030 o~' the Rancho Cucamonga Development Code. 17.26.070 Conditional use permit required. Each major wireless communication facility for which an application is made during the term of this Ordinance must first receive final approval of a conditional use permit in accordance with Section 17.04.030 of the Rancho Cucamonga Development Code. As a condition of issuance of a conditional use permit for a facility utilizing the public right-of-way, an applicant may be required to enter into a franchise agreement with the City. 17,26.080 Variance. Any person may apply for a variance as to the requirements set forth herein pursuant to Section 17.04,040 of the Rancho Cucamonga Development Code. 17.26090 Revocation. Any approval granted pursuant to this Ordinance may, after notice and hearing, be terminated for violation of any provisions of this Ordinance or any other applicable laws, or for fraud or misrepresentation in the application process. 17.26.100 Abandonment. O~inance 570 Page 8 of 10 A. A wireless communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days. Such removal shall be in accordance. with proper health and safety requirements and all ordinances, rules, and regulations of the City. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communication facility at said operator's business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within 10 business day of the date of said notice, the operator appeals such determination, in writing, to the Planning Commission. The City Planner shall schedule a hearing on the matter to be conducted before the Planning Commission at which time the operator may present any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final. C. Any wireless communications facility determined to be abandoned and not removed within the 30 day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this Ordinance, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law. SECTION 4: Except as provided herein, the provisions of this Ordinance shall preempt and supersede any and all inconsistent provisions contained in the Rancho Cucamonga Development Code. SECTION 5: A. All wireless communications facilities for which applications have been approved by the City and/or building permits have been issued on or prior to the adoption of this Ordinance shall be exempt from the regulations and guidelines contained herein, unless subsection B applies. B. All wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of this Ordinance, shall be required to comply with the regulations and guidelines contained herein. Ordinance 570 Page 9 of 10 C. All wireless communication facilities for which submitted applications were determined complete by the Planning Department on or prior to the adoption date of this Ordinance shall be exempt from the regulations and guidelines contained herein. D. All wireless communication facilities for which applications were received by the Planning Department following the effective date of this Ordinance shall be required to comply with the regulations and guidelines contained herein. SECTION 6: Penalties for violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 7: Civil remedies available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a.nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. SECTION 8: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is forany reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Ordinance 570 Page 10of10 SECTION 9: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Wireless TelecommunicatiO ] ~m rn ~.~ ~ c~ o Cheryl Karns and Timothy Davis February 16, 1999 · ': ',SOUTHERN CALIFORNIA ~:':' EDISON An EDISON INTERNATIONAL Company An ED/SON IP.'TERNA ITOIV.:~L Compaa? Overview · The Telecom Industry } City Government Concerns } SCE Assistance · SCE Installation Standards · The Permitting Process } Moving Forward 2 Telecom Act of 1996 Creates New Wireless Opportunities · Cellular- Analog· LMDS..' · PCS - Digital· · Paging · Automated Metering ,.-,.,.. Internet Service Providers Other Agencies With Wireless Needs .: :~.:-:-: :"' *· Federal '~_,.:~::;~:':~,,~ ', · Counties / Cities -~VZ;~ :: i-- · Utilities 3 City Concerns Key City Issues Visual Impacts Concerns fi'om Constituency Permitting Process · Monopole Installations Throughout City 4 How Can SCE Assist ? Attach to Existing Infrastructure. (SCE Tower) Construction of New Monopole SCE Service Territory 50,000 square miles 4.1 million customers (11 million population) 19,000 miles of underground conduit 1.5 million wood poles 14,000 electrical transmission towers 125 communications towers 1,200 sites for communications buildings 530,000 streetlight poles Extensive fiber optic and digital microwave Bishop Inyo /isalia County Ridc + + + :) ++++ # County ou.,y~.',;: st * L~ughlin + San Bernardino 3ounty Riverside Cour Service territo% ~ + + ...... H ndards Tower attachments are installed in accordance CPUC G.O. #95. SCE maintains Engineering Design Fabrication Attachmerit Installation Installation Our 1st priority is to insure that attachments will not interfere with providing safe, reliable electricity. with responsibility for: ~. ,, , ..' SOUIIIEI~N G'~LIfORN'IA EDISON High Standards (cont.) However, it ~s incumbent on the client to obtain appropriate permits from the jurisdictional entit, :v::~:: ";5. Microcell Install located on SCE street light pole An EDI$O.%' INTERN,4 YIONAL Company The Permitting Process When permits requested to attach to SCE Assets Consider administrative approval: · Improved service for residents · Reduces processing man-hours for Cities · Include as option m City plans/ordinances · Competition reduces prices for cellular service 9 In Closing By Working Together We Can · Minimize Visual Impacts · Decrease Monopole Installations · Assist with Public Concerns · Streamline Permitting Process ~ Include as option in city plans 10