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HomeMy WebLinkAbout1999/07/14 - Agenda PacketCITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA WEDNESDAY JULY 14, 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. Mannerino __ Com. Stewart __ Com. Tolstoy __ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES May 26, 1999 June 23, 1999 IV. PUBLIC HEARINGS The following items am public hearings in which concemed individuals may voice their opinion of the related projecL 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. A. ENVIRONMENTALASSESSMENT, GENERALPLANAMENDMENT 98-02, AND VICTORIA COMMUNITY PLAN AMENDMENT 98-01 - AMERICAN BEAUTY DEVELOPMENT CO. - A public hearing for a proposed project to be known as the Victoria Arbors Village on 291.8 acres of land in the Victoria Planned Community, generally bounded by Base Line Road, future Victoria Park Lane, future Church Street, future Day Creek Boulevard, Foothill Boulevard, and the Day Creek Channel- APN: 227-201-04, 13 through 18, 22, 28 through 30, and 36; 222-201-33; 227~161-33, 35, 36, and 38; 227-171-11, 12, and 14. Related file: Etiwanda Specific Plan Amendment 98-01. (A) Land Use changes for the following areas: Subarea 1: Subarea la -from Medium Residential (8-14 dwelling units per acre) and Community Facilities to Low-Medium Residential (4-8 dwelling ~.nits per acre) for approximately 7.67 acres of land, generally located on the south side of Base Line Road, west of the winery; and consideration of alternative land use designations of Community Facilities. Subarea lb - from Medium Residential (8-14 dwelling units per acre) and Park to Low-Medium Residential (4-8 dwelling units per acre), Park, and School for approximately 57.40 acres of land, generally located east of future Day Creek Boulevard and 600 feet south of Base Line Road; and the consideration of alternal~ive land use designations of Community Facilities for the northeast side of the subarea, immediately east of the winery. Subarea 1c - from Low-IVledium Residential (4-8 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 21.13 acres of land for the area generally located south of Base Line Road and east of future Victoria Park Lane; and consideration of retaining the Low-Medium Residential designation. Subarea ld-from Medium-High Residential (14-24 dwelling units per acre), Regional Related Office/Commercial, and Park to Low-Medium Residential (4-8 dwelling units per acre) for approximately :39.45 acres of land, generally located on the north side of future Church Street and east of future Day Creek Boulevard; and consideration of alternative land use designations of Medium Residential (8- 14 dwelling units per acre!) and Medium-High Residential (14-24 dwelling units per ;~cre). Subarea le- from Medium-High Residential (14-24 dwelling units per acre) and Regior~al Related Office/Commercial to Low-Medium Residential (,4-8 dwelling units per acre) for approximately 13.76 acre.~ of land, generally located north of future Church Street, we;st of future Victoria Loop Street; and consideration of alternative land use designations of Medium Residential (8-14 dwelling units per acre) and Medium-High Residential (:14-24 dwelling units per acre). Page 2 " Subarea 2 - 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, generally located on the west side of future Day Creek Boulevard, north and south of future Church Street; and consideration of retaining the Regional Related Office/Commercial designation. Subarea 3 - Re-align the boundaries of the Victoria Community Plan to include approximately 26 acres of land from the Etiwanda Specific Plan, generally located on the north side of Church Street and the west side of Etiwanda Avenue; and a request to change the land use designation from Office to Low-Medium Residential (4-8 dwelling units per acre); and consideration of alternative land use designations of a mix of Office and Low- Medium Residential (4-8 dwelling units per acre); and consideration by the City of retaining the area in the Etiwanda Specific Plan with an Office designation or a mix of Office and Low-Medium Residential (4-8 dwelling units per acre). (B) Amend the Circulation and Parks and Recreation Elements of the General Plan. (C) Amend various graphics and text for the Victoria Community Plan. (D) Consideration by the City of alternative sites for Park and School within the project area of the Victoria Community Plan. (E) Modify the permitted and conditionally permitted uses and various development and design standards for Regional Related Office/Commercial, Regional Center, and Community Facilities of the Victoria Community Plan. The Environmental I m pact Report for this project was considered on May 26, 1999. (Continued from June 9, 1999) B. ENVIRONMENTAL ASSESSMENT, GENERAL PLAN AMENDMENT 98-02, AND ETIWANDA SPECIFIC PLAN AMENDMENT 98-01 - AMERICAN BEAUTY DEVELOPMENT CO. - A request to re-align the boundaries of the Etiwanda Specific Plan by re-designating approximately 26 acres of land, generally located on the north side of Church Street and the west side of Etiwanda Avenue to the Victoria Community Plan; and consideration by the City of retaining the area in the Etiwanda Specific Plan and retaining the land use designation of Office; and consideration of alternative land use designations of a mix of Office and Low-Medium Residential (4-8 dwelling units per acre) - APN: 227-171-11, 12, and 14. Related file: Victoda Community Plan Page 3 Amendment 98-01. The Environmeqtal Impact Report for this project was considered on May 26, 1999. (Continued from June 9, 1999) C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 98-10 - BARRATT AMERICAN - The design review of detailed site plan and building elevations for previously recorded Tract 13316, consisting of 123 lots on 84 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on the east side of Archibald Avenue, north of Carrari Court - APN: 1074-061-15 through 27, 1074-041-08 through 21, 1074-591-01 through 16, 1074-461-04 through 21, 1074-601-01 through 14, 1074-611-01 through 16, 1074-021-02 through 26, and 1074-051-09 through 16. Staff has prepared a Negative Declaration of environmental impacts for consideration. D. CONDITIONAL USE PERMIT 97-41 MODIFICATION - DELRAHIM - A request to modify a previously approved Conditional Use Permit to add a 2-bay, 896 square foot auto detail building and a 55 square foot carwash control kiosk to a service station with carwash and lube facilities on 1.8 acres of land in the General Commercial District, located at the southwest corner of Arrow Route and Hermosa Avenue - APN: 209-041-09, 22, and 31. E. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT NO. 16026 -AMETHYST ESTATES I_. P. -A residential subdivision of 18 single family lots on 11.3 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located west side of Amethyst Street, north of Valley Vie;w Street - APN: 1061-401-03. Related files: Variance 99-01, Pre-Application Review 99-01, Variance 87-14 and Tentative Tract 13674. Staff has prepared a Negative Declaration of environmental impacts for consideration. F. VARIANCE 99-01 AMETHYST ESTATES L.P. - A request to reduce the minimum required lot depth from 150 feet to 146.5 feet for 11 lots in conjunction with the development of 18 single family lots on 11.3 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on the west ..side of Amethyst Street, north of Valley View Street - APN: 1061-401-03. Related files Pre-Application Review 99-01, Variance 87-14, and Tentative Tracts 16026 and 13674. G. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 99-10 - EVERGREEN DEVCO, INC. (VVALGREENS) - A request to construct and operate a drive-thru pharmacy, totaling approximately 16,170 square feet in size, in the Neighborhood Commercial District on approximately 1.15 acres of land, located on the southeast corner of Carnelian and 19th Streets - APN: 202-541- 060. Related files: Variance 99-02, Tree Removal Permit 99-18, and Page 4 ' Preliminary Review 98-18. Staff has prepared a Negative Declaration of environmental impacts for consideration. H. VARIANCE 99-02 - EVERGREEN DEVCO, INC. (WALGREENS) -A request to reduce the minimum number of parking spaces from 64 to 60 and to reduce the minimum and average landscape setbacks along 19th Street and Carnelian Street from the required minimum 25 feet and average of 35 feet to 21 and 25 feet respectively at the southeast corner of Carnelian and 19th Streets - APN: 202-541-60. Related Files: Conditional Use Permit 99-10, Tree Removal Permit 99-18, and Preliminary Review 98-18. I. ENVIRONMENTALASSESSMENT, TENTATIVE TRACT16000, AND DESIGN REVIEW 99-13 - LEWIS APARTMENT COMMUNITIES - A proposed Tentative Tract Map consisting of 6 lots for condominium purposes; along with Design Review of 306 apartment units on 16 acres of land, located within the Terra Vista Planned Community. The site boundary is formed by Spruce Avenue, Church Street, and East Elm Avenue. Existing Terra Vista Community Plan land use designation is High Residential (24-30 dwelling units per acre), proposed development density is within the Medium High Residential density (14-24 dwelling units per acre) - APN: 1077-421-55 and 60. Staff has prepared a Negative Declaration of environmental impacts for consideration. V. NEW BUSINESS J. DEVELOPMENT REVIEW 99-12 - JACK IN THE BOX - The development of a fast food restaurant building totaling 2,478 square feet on a 0.75 acre parcel within a proposed shopping center in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard, west of Vineyard Avenue - APN: 207-102-21. Related file: Conditional Use Permit 97-19. VI. DIRECTOR'S REPORTS K. USE DETERMINATION 99-02 - RAY'S BAIL BONDS - A request to determine that a bail bond business is similar to Clerical and Professional Services, which is a permitted use within the General Commercial District of the Development Code. VII. PUBLIC COMMENTS This is the time and place forthe general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. Page 5 VIII. COMMISSION BUSINESS L. GENERAL PLAN UPDATE PROGRESS - (Oral report) IX. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an l l :00 p. m. adjournment time. If items go beyond that time, they sha/I be heard only with the consent of the Commission. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOI.LOWING IN THE RAINS ROOM TO DISCUSS PRE-APPLICATION REVIEW 99-04 (GRABIEL). I, Gail Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby cel~ify that a true, accurate copy of the foregoing agenda was posted on July 8, 1999, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. Page 6 VICINITY MAP · I CITY HALL CITY OF RANCHO CUCAMON!~& CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission, FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: GENERAL PLAN AMENDMENT 98-02, VICTORIA COMMUNITY PLAN AMENDMENT 98-01 AND ETIWANDA SPECIFIC PLAN AMENDMENT 98-01 - AMERICAN BEAUTY DEVELOPMENT COMPANY BACKGROUND: At the request of the applicant, the above items were continued from June 9 to this meeting. The applicant has agreed to table his project until the first draft of the preferred land use plan for his project area based on the City's General Plan Update. Attached is his letter, (Exhibit "A") requesting a continuance to the second Planning Commission meeting in September. RECOMMENDATION: Staff recommends the Planning Commission continue General Plan Amendment 98-02, Victoda Community Plan Amendment 98-01, and Etiwanda Specific Plan Amendment 98-01 until September 22, 1999. Respectfu , submitted, Brad Buller City Planner Attachment: Exhibit "A" - Applicant's letter dated July 8, 1999. ITEMS A & B AMERICAN I~EA~Y DEVELOPMENT 16~30 V~ntura IJo~levl~l/Sult8 4Ol/F~, Cali~il 914~ · ' (818) 981 4900 FAX(IIIS)9814~21 July 8, 1999 VIA FACSIMILE 909 477 2847 Nancy Fong, Senior Planner City of Rancho Cucamonga 10500Civic Center Drive Rancho Cucamonga, Celifomia 91729 Re: ~cto. da A~qrs Dear Nancy: The puq~ose of this letter is to request a continuance of the Victoria Arbors Community Plan Amendment Planning Commission Headrig, which is presently scheduled for Wednesday, July 14, 1999, to the seoond Planning Commission meeting in September. Due to ongoing discussions regarding our projed as it relates to the citywide General Ran Amendment process, it is evident fiat we need addffional time to review our project and come ba~ with a proper response. As work progresses, we would welcome the opportunity to have one Or more study sessions with the Commission in anticipation of arriving at a consensus plan, Thank you for your continued cooperation in moving our project along. Very truly yours, CUCAMONGA220, L.P. By: American Beauty Development Co. Its Agent John M. Morrisette Vice President / Development JM:cif RECEIVED To: Brent Le Count Associate Planner 10500 Civic Center Drive JUt 12 39 Rancho Cucamonga, Ca. 91730 CityofRanchoCucamo~a 1 1999 PmnningDivisio~u Y 1, Dear Mr. Le Count, I am sending this letter over concern for the change in the public hearing date concerning the proposed development for the area at the north end of Archibald avenue on the east side of the street (File No. DR-98-10, tentative tracts 13316, 15914). Myself and many of my neighbors were at the planning commission ' meeting on June 9th. I presented the planning commission with a petition signed by 23 residents of the area. Most of us marked our calendar, and rearranged our schedules for the July 14th hearing date. Now, there are signs posted which change the date from the original July 14th date to August llth. If the date must be changed, why not change it to one in September after school has started and everyone is more likely to be in town? Many residents would like to be present for this hearing and ask for your consideration in this matter. Thank you for your time. Si ce~l~ ~hannon~d~F"--~ 9574 Hidden Farm Road Alta Loma, Ca. 91737 cc: Brad Buller, City Planner The Planning Commission Bill Alexander, Mayor Diane Williams, Mayor Pro-Tem Jim Curatalo, City Council Bob DuttOn, City Council Paul Biane, City Council Jack Lam, City Manager CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Bullet, City Planner BY: Dan Coleman, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 98-10 - BARRATT AMERICAN - The design review of detailed site plan and building elevations for previously recorded Tract 13316, consisting of 123 lots on 84 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on the east side of Archibald Avenue, north of Carrari Court - APN: 1074-061-15 through 27, 1074-041-08through 21, 1074-591-01 through 16, 1074-461-04 through 21, 1074-601-01 through 14, 1074-611-01 through 16, 1074-021-02 through 26, and 1074-051-09 through 16. Staff has prepared a Negative Declaration of environmental impacts for consideration. BACKGROUND: At its June 9, 1999, meeting, the Planning Commission continued consideration of the project for one month to allow staff and the applicant time to respond to issues raised regarding the adequacy of the biological studies relied upon for preparation of the Initial Study. On June 22, 1999, staff met with the applicant, the applicanrs biologist, and biologists from the San Bernardino County Museum to discuss the matter. Staff has also consulted with the United States Fish and Wildlife Service and the California Department of Fish and Game. On July 7, 1999, staff and the City Attorney met with the applicant. The applicant indicated that they are commencing protocol surveys for the San Bernardino Kangaroo Rat. CORRESPONDENCE: At the request of the Planning Commission, 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 continue the public hearing to July 28, 1999, to allow time for further environmental review. Staff will send new public hearing notices to all property owners within a 300-foot radius of the project site and re-post the property. Brad Bullet City Planner BB:DC:gs ITEM C CITY OF RANCHO CUCAMONGA ' ~ STAFF REPORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Brent Le Count, Associate Planner SUBJECT: CONDITIONAL USE PERMIT 9741 MODIFICATION - DELRAHIM - A request to modify a previously approved Conditional Use Permit to add a 2-bay, 896 square foot auto detail building and a 55 square foot carwash control kiosk to a service station with canhash and lube facilities on 1.8 acres of land in the General Commercial District, located at the southwest comer of Arrow Route and Hermosa Avenue - APN: 209-041-09, 22 and 31. PROJECT AND SITE DESCRIPTION: A. Backqround: Conditional Use Permit 9741 was approved by the Planning Commission on April 22, 1998, and includes a service station/mini-mart. a carwash, and a lube facility. The project is currently under construction. B. Surroundinq Land Use and Zonin~: North o Retail (across Arrow Route); General Commercial District South - Aim All Storage Project under construction; General Commercial District East Apartments (across Hermosa Avenue); Medium Residential District (8-14 dwelling units per acre) West Aim All Storage Project under construction; General Commercial District C. General Plan Desiqnations: Project Site - General Commercial North General Commercial South - General Commercial East Medium Residential West - General Commercial D. Site Characteristics: The site slopes from north to south at approximately 2 percent. The previously approved service station/mini-mart, carwash, and lube facility are currently under construction. ITEM D PLANNING COMMISSION STAFF REPORT CUP 9741 MODIFICATION - DELRAHIM July 14, 1999 Page 2 E. Parkinq Calculations: Number of Number of Type Square Parking Spaces Spaces of Use Foota.qr~ Ratio Required Provided Service Station/ Convenience M art 4, 162 1/250 17 17 Lube Facility 2 bays 3 + 2 per bay 7 7 Carwash 2.5/carwash 2.5 3 Car Detail Facility 2/per bay 4 7 Total 31 34 ANALYSIS: A. General: The 896 square foot detail building is proposed to be located near the southwest corner of the site, behind the carwash building now under construction. There are 15 parking spaces located within 150 feet of the auto detailing building which are shared with the quick lube and carwash. The 55 square foot kiosk structure is proposed to be located along the south property line, just east of the carwash entrance. It is intended to serve as a control point for the carwash where customers would interact with an operator. Both buildings are proposed to match the approved architecture for the site in terms of overall massing, colors, and materials. Both buildings are located within 5 feet of the adjoining public mini-storage fa.ci!ity, also under construction; hence, will serve to visually break-up the long elevation of the mare-storage facility. The existing project includes a 4, 162 square foot gasoline dispensing station and convenience mart with two pump islands under a 3,480 square foot canopy, a 2-bay lube facility, and a self service drive-thru carwash. The station will operate 24 hours a day; however, the lube facility, carwash, and detailing service will operate from 8:00 a.m. to 6:00 p.m. daily. B. Desiqn Review Committee: The project was considered by the Committee (McNiel, Stewart, Henderson) on June 15, 1999, at which time the Committee recommended that the Planning Commission approve the project. C. Technical Review Committee: The Technical and Grading Review Committees have reviewed the project and recommend approval subject to the conditions contained in the attached Resolution of Approval. D. Environmental Assessment: The application is exempt pursuant to Section 15301 of the State CEQA Guidelines. PLANNING COMMISSION STAFF REPORT CUP 97-41 MODIFICATION - DELRAHIM July 14, 1999 Page 3 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 approval through adoption of the attached Resolution of Approval. Respectfully submitted, City Planner BB:BL:taa Attachments: Exhibit "A" - Site Plan Exhibit "B" - Grading Plan Exhibit "C" - Landscape Plan Exhibit "D" - Elevation Resolution Approving Modification to CUP 97-41 REVISED GRADING PLAN ELEVATION TYPICAL 5 V, RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 97-41 TO ADD A 2-BAY, 896 SQUARE FOOT AUTO DETAIL BUILDING AND A 55 SQUARE FOOT CARWASH CONTROL KIOSK TO A PREVIOUSLY APPROVED SERVICE STATION WITH CARWASH AND LUBE FACILITIES ON 1.8 ACRES OF LAND, IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF ARROW ROUTE AND HERMOSA AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 209-041-09, 22, AND 31. A. Recitals. 1. David Delrahim has filed an application for the issuance of Conditional Use Permit No. 97-41 Modification, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as '~he application." 2. On the 14th day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on July 14, 1999, including wdtten 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 of Arraw Route and Hermosa Avenue with a street frontage of 240 feet on Hermosa Avenue and lot depth of 320 feet on Arrow Route and which is currently under construction for a service station with carwash and lube facilities; and b. The property to the north of the subject site is developed with a commercial stdp mall, the property to the south is being developed with a public storage facility, the property to the east is developed with an apartment complex, and the property to the west being developed with a public storage facility; and c. The proposed use is consistent with the General Plan and the Development Code; and d. The design of the proposed project, together with the conditions of approval, meet all applicable provisions of the Development Code and the drive-thru policies; and PLANNING COMMISSION RESOLUTION NO. CUP 97-41 MODIFICATION - DELRAHIM July 14, 1999 Page 2 e. The development of the proposed project would not have a significant impact upon the environment. f. The application proposes a use which serves local needs for automobile related services by providing a detailing facility and a drive-thru carwash in close and convenient proxmity to homes and businesses. g. The proposed parking is adequate to meet code requirements. h. The proposed project site is buffered from residences to the south and west by more than 150 feet of land now being developed with a pubic storage facility i. The small buildings will help visually break up long building walls of the storage project to the south and west. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the 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. The Planning Commission hereby finds and determines that, because of the small area increases associated with the project identified in this Resolution, it is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. Planninq Division 1) The project shall comply with all applicable conditions of Conditional Use Permit 97-41. 2) Provide vine planting at base of extedor walls for both buildings and train vines to climb building walls. 3)Any aboveground-mounted equipment and/or roof-mounted equipment shall be fully screened from adjacent streets. 4) All auto detailing operations shall be conducted within the proposed building. .PLANNING COMMISSION RESOLUTION NO. CUP 97-,41 MODIFICATION - DELRAHIM July 14, 1999 Page 3 5) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the City Planner for consideration and possible termination of the use. 6) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. 7) Materials and colors shall match the service station with carwash and lube facilities. En.qineerin.q Division 1 ) The project shall comply with all applicable conditions of Conditional Use Permit 97-41. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman A'R'EST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA -- ~ STAFF REPORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Rudy Zeledon, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT NO. 16026 - AMETHYST ESTATES. L.P. - A residential subdivision of 18 single family lots on 11.3 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located west side of Amethyst Street, north of Valley View Street - APN: 1061-401-03. Related files: Variance 99-01, Pre-Application Review 99- 01, Variance 87-14 and Tentative Tract 13674. VARIANCE 99-01 - AMETHYST ESTATES, L.P. - A request to reduce the minimum required lot depth from 150 feet to 146.5 feet for 11 lots in conjunction with the development of 18 single family lots on 11.3 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located on the west side of Amethyst Street, north of Valley View Street - APN: 1061-401-03. Related files: Pre-Application Review 99-01, Variance 87-14, and Tentative Tracts 16062 and 13674. PROJECT AND SITE DESCRIPTION: A. Project Density: 1.59 dwelling units per acre B. Surroundinq Land Use and Zoning: North - Vacant; Flood Control and Very Low Residential (2-4 dwelling units per acre) South - Existing Single Family; Very Low Residential (2-4 dwelling units per acre) East Existing Single Family; Very Low Residential (2-4 dwelling units per acre) West - Vacant; San Bernardino Flood Control Channel (Demens Channel) C. General Plan Desiqnations: Project Site - Very Low Residential (2-4 dwelling units per acre) North - Flood Control South - Very Low Residential (2-4 dwelling units per acre) East Very Low Residential (2-4 dwelling units per acre) West - Flood Control ITEMS E & F PLANNING COMMISSION STAFF REPORT 71'16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 2 D. Backqround: This project was originally approved by the Planning Commission on May 25, 1988, under Tentative Tract 13674. Because of the severe impact of the recession in the early 1990s, the applicant was not able to record the tentative map and develop the project. On May 25, 1993, the tentative map expired, just four months prior to the adoption of Senate Bill 428, which would have extended the tract map two more years. E. Site Characteristics: The project is located on the west side of Amethyst Avenue, north of Valley View Street. The site is currently vacant except for vineyard and scrub vegetation. The site has a natural slope of approximately 8 to10 percent from north to south, except for approximately 1.5 acres of land directly adjacent to the western property line, which has slopes varying from 12 to16 percent. To the east of the site are single family homes that front on to Amethyst Avenue. The south side is bordered by single family homes and both north and west are the San Bernardino County Flood Control Channel and Demens Basin. TENTATIVE TRACT ANALYSIS: A. General: The project is identical to the previously approved project. The applicant is proposing to subdivide 11.29 acres into 18 single family lots. The project consists of a subdivision map only; no house plans are proposed at this time. The site will be developed as a gated community with a private loop street which has a reduced right-of- way of 40 feet and a street width of 36 feet. The lots are oriented in a north and south configuration, except for those along the western property line, which are oriented east to west. Lot sizes within the subdivision will range from 20,070 to 48,960 square feet with an average lot size of 23,872 square feet. The project will also be subject to Hillside Development Standards. Grading techniques will be used (i.e., split level foundations and/or stem wall construction) to work with existing contours and minimize grading alterafions. In addition, the applicant is requesting a Variance to allow a reduction in the required minimum lot depth for 13 lots. B. Desiqn Review Committee: The project was reviewed by the Design Review Committee (McNiel, Stewart, Henderson) on a consent calender basis on June 1, 1999, and was approved as presented. C. Gradinq and Technical Review Committees: The Committees have reviewed the project and recommend approval subject to the conditions outlined in the attached Resolution of Approval. D. Trails Committee: The Master Plan of Trails identifies the west side of Amethyst Avenue as a Community Trail The project proposes local feeder trails along the north, south, and west boundaries of the project, which will be connected to the Community Trail on the west side of Amethyst Avenue. Each lot on the perimeter of the site will have access to the local feeder trail by the use of private gates. The Community Trail will boarder the east property line and provide an east-west trail through the canter of Lots 13 through 16 PLANNING COMMISSION STAFF REPORT TT16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 3 for access. Horse corrals are proposed in the rear yard areas adjacent to the local feeder trails. The Trails Committee recommended approval of the proposed trail system as shown on the tentative map subject to a condition of approval requiring the developer to construct Amethyst Community Trail south to Valley View Street within the existing public right-of-way, E. Nei__N~g_b_hborhood Meetin.q: On June 22, and July 6, 1999, neighborhood meetings were held by the applicant to allow the neighbors within the immediate vicinity of the project an opportunity to review the proposal prior to Planning Commission review. The residents on the north side of Valley View Street, south of the project site, expressed their concern about not having access to the proposed private local feeder trail on the south property boundary of the project site. None of the existing homes south of the subject site, which were developed prior to incorporation, have trail easements. The applicant commented that he would consider granting access to the trail; however, because of liability and maintenance issues involved, granting access may not be possible. Residents in attendance were also concerned with the following issues: Existing traffic conditions on Amethyst Street and the additional traffic generated by the project, on-site drainage from the project site to Valley View Street and Amethyst Street, the construction of only the west half of Amethyst Street and the Trails Committee's recommendation to extend the proposed Community Trail south to Valley View. The residents did not object to the proposed design and lot layout of the project. F. Environmental Assessment: Part I of the Initial Study has been prepared by the applicant and staff has completed Part II of the Environmental Checklist. Staff feels the project will not have a significant adverse environmental impact. However, air quality impacts may occur during the site preparation, including grading and equipment exhaust as it is used on site. Mitigation measures will be required to reduce the short term construction impacts to a less than significant impact. If the Planning Commission concurs, then the issuance of a Mitigated Negative Declaration would be in order. FINDINGS: Before approving the application, the Planning Commission shall make certain findings that the following circumstances do apply: A. That the proposed project is consistent with the General Plan. B. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. C. That the proposed use is in compliance with each of the applicable provisions of the Development Code. D. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 'PLANNING COMMISSION STAFF REPORT TT16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 4 VARIANCE ANALYSIS: The proposed Variance is identical to the previously approved variance for this project. The applicant has submitted an application requesting a Variance to allow a reduction in the required minimum lot depth from 150 feet to 146.52 feet for Lots 10 through 14 and 16 through 18, from 150 feet to 146.72 feet for Lot 1, from 150 feet to 146.54 feet for Lot 2, and from 150 feet to 143 feet for Lot 3. The reduction of a few feet in lot dept is not significant. The purpose of a Variance is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, location, or unusual characteristics would deprive the property of privileges enjoyed by other properties in the vicinity and the same district. FACTS FOR FINDINGS: In considering any request for a Variance, there are a series of findings under State Law that must be substantiated by facts in order to approve the request. Generally, these findings center around the uniqueness or special circumstances of a particular property or the use of the designation. The applicant is proposing to develop the site as a gated community with a private loop street, oriented primarily east to west, which has a reduced right-of-way of 40 feet and a standard street width of 36 feet. With the configuration of the site, the proposed street design allows the development of additional lots, but results in the creation of 11 lots which do not meet the required minimum lot depth of 150 feet. The requirement for the minimum lot depth insures the creation of lots which are of similar size and configuration and thereby help to maintain the character and density of the area. Staff believes that there are special or unique circumstances with the development of this site that are different from other sites under similar zoning designations. Therefore, the following facts are provided to support the required findings: A. The configuration of the site, combined with the topography along the west and southwest portions of the site, restricts the design of the subdivision. In order to minimize grading to the slope areas, relatively deep lots are necessary along the western portion of the site. The project has been designed to allow the creation of larger lots along the western property line which range in size from 28,700 to 48,960 square feet while allowing for a primary north to south orientation for the remainder of the lots. B. The lots within the project meet the minimum and average lot size requirements for the district and are 20,070 and 23, 870 square feet receptively. C. Lots within the project are oriented primarily north to south, which is consistent with the existing single family lots to the south, and are generally of the same size and configuration although slightly wider than the existing. PLANNING COMMISSION STAFF REPORT TT16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 5 D. Existing single family lots to the east of Amethyst Avenue are generally three-quaders of an acre or larger, with width depths varying from 220 to 233 feet. Lots south of the project site range in size from approximately 19,140 square feet to 25,125 square feet. Those to the southeast have average lot depths varying from 165 to 201 feet, whereas lots to the southwest have an average lot depth of approximately 146 feet. CORRESPONDENCE: This item was advertised as a public hearing in the ~ 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 Tentative Tract 16026 and Variance 99-01 through the adoption of the attached Resolutions of Approval with Conditions and the issuance of a Mitigated Negative Declaration. Respectfully submitted, Brad Buller City Planner BB:RZ:taa Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Location Map Exhibit "C" - Subdivision Map Exhibit "D" - Grading Plan Exhibit "E" - Initial Study Part II Resolution Approving TT 16026 Resolution Approving VAR 99-01 LOCATION~,4AP TENTATIVE TRACT 16026 parcels Strcct Centlines 0.3 0 0.3 Miles N · .~.~'~- ~-~ _ "~,~, ~ ........ _+_ _ . ~_;,~.:~.~.: - .'/" , ,- , ....... ',___ , , ~, _~ ' -_____.: ........ ~: · - · ~,. . : .....::~ - ~'_- .....~; ,.-'., ' ~, ",..-_~"-ZZ- ' .............. ~,:. ~ ~ --~,~.~,,~.< ~=': '~'~'~':' "~ :SUBDIVISION MAP ~ ................ .................. , .......... ............ , .~: ~ TENTATIVE TRACT NO. ~26 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Tentative Tract 16062 - Amethyst Estates L.P. 2. Related Files: Tentative Tract 13664 and Vadance 99-01 3. Description of Project: A residential subdivision of 18 single family lots on 11.3 acres of land in the Very Low Residential Distdct (less than 2 dwelling units per acre), located on the west side of Amethyst Street, north of Valley View Street - APN: 1061-401-03. Related files: Vadance 99-01, Pre-Application Review 99-01, Vadance 87-14, and Tentative Tract 13674. 4. Project Sponsor's Name and Address: Amethyst Estates L.P. 8316 Red Oak Street, Suite # 201 Rancho Cucamonga, CA 91730 6. General Plan Designation: Very Low Residential Distdct (0-2 dwelling units per acre) 6. Zoning: Very Low Residential Distdct (0-2 dwelling units per acre) 7. Surrounding Land Uses and Setting: North * Vacant; Flood Control and Very Low Residential ( 2-4 dwelling units per acre) South - Existing Single Family; Very Low Residential ( 2-4 dwelling units per acre) East Existing Single Family; Very Low Residential ( 2-4 dwelling units per acre) West Vacant; San Bemardino Flood Control Channel ( Demens Channel) 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Ddve Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Rudy Zeledon Planning Assistant (909) 477-2750 '10. Other agencies whose approval is required: Cucamonga County Water District Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 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 ( ) Transportation/Circulation ( ) Public Sewices ( ) Population and Housing ( ) Biologicel Resources (f) Utilities and Service Systems (V') Geological Problems ( ) Energy and Mineral Resources (V') Aesthetics ( ) Water ( ) Hazards ( ) Cultural Resources (V') Air Quality (i/') Noise ( ) Recreation ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to 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 eadier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based upon the eadier 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 signfficant 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 eadier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that eadier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signed: don Plannir~ssistant June 22, 1999 Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 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," "Petentially Significant Impact Unless Mitigation Incorporated," and "Less Than Significant Impact" answers, including a discussion of ways to mitigate the significant effects identified. 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ( ) ( ) ( ) (V') b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) ( ) ( ) c) Be incompatible with existing land use in the vicinity? ( ) ( ) ( ) (v') d) Disrupt or divide the physical arrangement of an established community? ( ) ( ) ( ) (v') 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) ( ) ( ) (f) b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) ( ) ( ) (v') c) Displace existing housing, especially affordable housing? ( ) ( ) ( ) (v') 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) ( ) ( ) Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page ,4 b) Seismic ground shaking? ) ( ) ( ) (V') c) Seismic ground failure, including liquefaction? ) ( ) ( ) (v') d) Seiche hazards? ) ( ) ( (v') e) Landslides or mudflows? ) ( ) ( (V') f) Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? ( ) ( ) (v') ( ) g) Subsidence of the land? ( ) ( ) ( ) (v') h) Expansive soils? ( ) ( ) ( ) (V') i) Unique geologic or physical features? ( ) ( ) ( ) (v') Comments: f) The site will be graded to accommodate the proposed structure, trails, and streets. Grading will be conducted under supervision of a licensed surveyor or civil engineer to ensure compliance with applicable regulations. The impact is not considered significant. S 4. WATER. IA~II the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff?. ( ) ( ) (V') ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) ( ) ( ) (v') c) Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? ( ) ( ) ( ) (V') d) Changes in the amount of surface water in any water body? ( ) ( ) ( ) e) Changes in currents, or the course or direction of water movements? ( ) ( ) ( ) (~,) f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) ( ) ( ) (V') Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page 5 g) Altered direction or rate of flow of groundwater? ( ) ( ) ( ) (~,) h) Impacts to groundwater quality? ( ) ( ) ( ) (V') i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) ( ) ( ) (v') Comments: a) Paving and hard scape necessary to accommodate the project will result in increased runoff from the site. Drainage will be conveyed to existing facilities which have been designed to handle the flows. 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) (v') ( ) ( ) b) Expose sensitive receptors to pollutants? ( ) (v') ( ) ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) ( ) ( ) (~,) d) Create objectionable odors? ( ) ( ) ( ) (v') Comments: a,b) Air quality impacts may occur during the site preparation including grading and equipment exhaust as it is used onsite. Major sources of emissions during this phase include exhaust emissions from construction vehicles and equipment and fugitive dust generated as a result of construction vehicles and equipment traveling over exposed surfaces, as well as soil disturbances by grading filling. NOx and PM10 levels will be exceeded on a daily basis during construction. The following mitigation measures will be required to reduce short term construction impacts to a less-than significant level: 1 ) The Construction Contractor shall selectthe construction equipment used onsite based on low emission factore and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page ~ 2) The Construction Contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. 3) The Construction Contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period should be extended; thereby, decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4) The Construction Contractor shall support and encourage ride-sharing and transit incentives for the construction crew. 5) Dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c) After clearing, grading, earth moving, or excavation is completed; the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil bindere to prevent dust generation. e) Trucks transporting soil, sand, cut or fill materials and/or construction debris to or from the site shall be tarped from the point of origin. 6) The Construction Contractorshall utilize, as much as possible, pre-coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coating applications such as paint brush, hand roller, trowel, spatula, dauber, rag or sponge. .Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page 7 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) ( ) ( ) (f) b) Hazards to safety from design features (e.g., sharp cu~es or dangerous inteme~ions) or incompatible uses (e.g., b~ equipment)? ( ) ( ) ( ) (~) c) Inadequate emergency access or access to neaffiy uses? ( ) ( ) ( ) (~) d) Insufficient parking capacity on-site or off-site? ( ) ( ) ( ) (f) e) H~ards or ba~em br pedest~ans or bicyclists? ( ) ( ) ( ) (f) fi Confli~s with adopted policies suppoffing alternative tmnspo~ation (e.g., bus turnouts, bicycle rocks)? ) ( ) ( ) (f) g) Rail or air traffic impa~s? ) ( ) ( ) (~) Comments: The project will result in the pa~ial improvement of Amethyst Street, as well as constm~ion of a pdvate intedor loop street. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? ( ) ( ) ( ) (~,) b) Locally designated species (e.g., hedtage trees, eucalyptus windrow, etc.)? ( ) ( ) (V') c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? ( ( ) (v') d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( ) ( ) (v') e) Wildlife dispersal or migration corridors? ( ) ( ) (~/) Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page 8 Comments: The project site is currently vacant except for former vineyard and sparse vegetation. The site has been recently cleared for weed abatement as a fire prevention measure. The soil and vegetation on the site has been disturbed from annual discing; therefore, the site does not contain intact sage scrub or chaparral vegetation, which has been identified as natural habitat for the California Gnatcatcher and Kangaroo Rat. 8. ENERGY AND MINERAL RESOURCES. Would the proposal.' 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? ( ) ) (~) 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? ( ) ( ) ( ) (v') b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) ( ) ( ) (~') c) The creation of any health hazard or potential health hazard? ( ) ( ) ( ) (V') d) Exposure of people to existing sources of potential health hazards? ( ) ( ) ( ) (v') e) Increased fire hazard in areas with fiammable brush. grass, or trees? ( ) ( ) ( ) (V') Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page 9 10. NOISE. ~ll the proposal msult in: a) Increases in existing noise levels? ) ( ) (f) ( ) b) Exposure of people to severn noise levels? ) ( ) ( ) (~) Comments: a) The project will increase existing noise levels sin~ the site is currently vaunt. The project is not expeded to increase noise levels ~yond anticipated limits. The impa~ ~s not considered signifi~nt. ,_=~e~-. .o 11, PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ( ) ( ) (~/) b) Police protection? ( ( ) ( ) (v') c) Schools? ( ( ) ( (V') d) Maintenance of public facilities, including roads? ( ( ) ( (V') e) Other governmental services? ( ( ) ( (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) Power or natural gas? ( ) ( ) ( ) (v') b) Communication systems? ( ) ( ) ( ) (v') c) Local or regional water treatment or distribution facilities? ( ) ( ) ( ) (v') d) Sewer or septic tanks? ( ) ( ) ( ) (t/) e) Storm water drainage? ( ) ( ) (i/) ( ) Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page 10 Potentrally I ~ Solid waste disposal? ( ) ( ) ( ) (f) g) Local or regional water supplies? ( ) ( ) ( ) (f) Commen~: e) As a condition of the trod approval, the appli~nt will be required to provide a 1 O-foot wide drainage easement on the vaunt lot adja~nt to the southwest corner of the proje~ site for a storm drain. On-site drainage will be dimmed westerly from the site through the vacant lot within the drainage easement. The resulting impa~ on se~ices in not likely to be signi~nt. 13, AESTHETICS, Would the proposah a) Affect a scenic vista or scenic highway? ( ) ( ) ( ) (v') b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (v') c) Create light or glare? ( ) ( ) (v') ) c) New light and glare will be created since the site is currently vacant. The project is not expected to increase light or glare beyond anticipated limits. The impact is not considered significant. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontologicel resources? ( ) ( ) ( ) (V') b) Disturb archaeological resources? ( ) ( ) ( ) (~/) c) Affect historical or cultural resources? ( ) ( ) ( ) (~/) d) 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') Initial Study for City of Rancho Cucamonga TENTATIVE MAP 16026 Page 11 15. RECREATION. Would the proposal.' a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) ( ) ( ) (v') b) Affect existing recreational opportunities? ( ) ( ) ( ) (v') 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restdct the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ( ) ( ) ( ) (v') b) Short term: Does the project have the potential to achieve short-term. to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occum in a relatively bdef, definitive period of time. Long-term impacts will endure well into the future.) ( ) ( ) ( ) (v') 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? ( ) ( ) ( ) (t/) Initial Study for City of Rancho Cucamonga ,TENTATIVE MAP 16026 Page 17 EARLIER ANALYSES Eadier 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 eadier 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): (v') General Plan EIR (Certified April 6, 1981) (v') Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) MITIGATION MEASURES See Section 5 above. 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 cleady no significant environmental effects would occur. t ame . h~FINAL~PLNGCOMM~NVDOG~Tl'16026.wpd City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the Ca~fornia Environmental Qua~ty Act Section 21091 and 21092 of the Pubtic Resources Code. Project File No.: Tentative Tract 16026 Public Review Period Closes: July 14, 1999 Project Name: Project Applicant: Amethyst Estates L.P. Project Location (also see attached map): Located westside of Amethyst Street, north of ValleyView Street-APN: 1061-401-03. Project Description: A residential subdivision of 18 single family lots on 11.3 acres of land in the Very Low Residential District (less than 2 dwelling units per acre). Related files: Variance 99-01, Pre-Application Review 99-01, Variance 87-14 and Tentative Tract 13674. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: [] The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. [] The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. 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. July 14, 1999 Date of Determination Adopted By RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVI NG TENTATIVE TRACT MAP NO. 16026, A RESIDENTIAL SUBDIVISION OF 18 SINGLE FAMILY LOTS ON 11.3 ACRES OF LAND IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), LOCATED WEST OF AMETHYST STREET, NORTH OF VALLEY VIEW STREET - AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1061-401-03. A. Recitals. 1. Amethyst Estates, L.P. has filed an application for the approval of Tentative Tract Map No. 16026, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application". 2. On the 14th day of July, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on July 14, 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 on the west side of Amethyst Street, north of Valley View Street with a street frontage of 666.51 feet and lot depth of 858.33 feet and is presently unimproved; and b. The properties to the north and west are vacant and are a part the San Bernardino Flood Control Channel, the properties to the south and east contain single family homes; and c. The proposed subdivision has been reviewed by the Technical and Grading Committees and approved subject to the conditions contained within this resolution; and d. The proposed subdivision has a minimum and average lot size of 20, 070 and 23,872 square feet, respectively, consistent with the requirements of the Very Low Residential District; and PLANNING COMMISSION RESOLUTION NO. TT 16026- AMETHYST ESTATES, L.P. July 14, 1999 Page 2 e. The related Variance application, Variance 99~01, was reviewed in conjunction with the subdivision tract map and approved by the Planning Commission; and; f. There is adequate space available on all lots for equestrian use. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 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 and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That 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; that 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. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. 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 'PLANNING COMMISSION RESOLUTION NO. TT 16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 3 proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Approval of the tract map is contingent on the approval of Variance 99-01. 2) Final landscaping and irrigation plans for the parkway along Amethyst Street and forthe interior street planting shall be submitted for review and approval by the City Planner and City Engineer prior to recordation of the Final Tract Map. 3) All lot grading, whether in conjunction with a total design review or individual custom lots, shall be subject to the Hillside Development Ordinance. The project shall utilize grading techniques which minimize alteration to the natural land form. These techniques shall include minimal padding for units only, split level foundations, and/or stem wall construction. Enqineering Division 1 ) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunication and electrical) on the opposite side of Amethyst Street shall be paid to the City prior to approval of the Final Map. The fee shall be one-half the City adopted unit amount times the length of the project frontage. 2) Cross lot drainage facility on north side of the private trail along Lots 1-4 shall be designed to handle off-site flows from the north. Drainage facility shall transition to east side of trail along Lots 4-8. Concentrated drainage shall not cross the trail. Provide underground facility. 3) On-site drainage to be directed westerly from the site shall be disposed as follows in order of preference as approved by the City Engineer, Building Official, and San Bernardino County Flood Control District where appropriate: 'PLANNING COMMISSION RESOLUTION NO. ]'I' 16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 4 a) Directed southerly through the vacant lot adjacent to the southwest corner of the site within an easement to Valley View Street. b) Directed westerly within the San Bernardino County Flood Control District properly out-letting into Hellman Avenue, or c) Directed westerly within the San Bernardino County Flood Control District property out-letting into the existing earth channel serving as an outflow from Demens Basin. 4) Trail and lot drainage existing at the southwest corner shall be conveyed to either: a) The south through a private easement to a point of discharge to a public facility by a surface improvement maintained by the Homeowners Association or; b) The west to the channel in a surface improvement and maintained by agreement executed with the San Bernardino County Flood Control District. In either case, absolute protection of southerly properties will be provided with channels, berms, walls, or other acceptable devices as determined in Plan Check based upon the Q 100 discharge. 5) The private drive shall be curved northerly within Parcel 15 as much as possible to minimize height of fill slopes. 6) Maintenance of necessary off-site drainage facilities and the private drive (Lot A) shall be included within the project CC&Rs. 7) Standard property line adjacent sidewalks shall be installed on at least one side of the private drive, within easement if less than 60-foot wide offer of dedication. 8) Provide commercial drive approaches per City Standard 101 Type C for both project entrances. Trail shall cross drive approach at zero curb face. a) Gate median for soLjth entrance shall be set back 75 feet from street. Provide 20 feet from median curb to driveway edge on both sides of all medians and 27-foot radius for visitor turnaround area. b) North entrance shall no have median. PLANNING COMMISSION RESOLUTION NO. "IF 16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 5 9) The equestrian fence on Amethyst Street shall be set back a sufficient distance to assure adequate sight distance in accordance with the City Line of Sight criteria at both private street intersections with Amethyst Street. 10) The Community Trail along Amethyst Street shall be extended southerly to the northwest corner of Amethyst and Valley View Streets. The existing sidewalk in front of the property adjacent to the southeast corner of the site shall be removed and the existing drive approach may be reconstructed to City Standards with appropriate deflector curbs, to the satisfaction of the City Engineer. 11 ) Use a straight grade crossfall of 1.70 percent per City Standard 100-A for the private streets. 12) Drive approaches shall be constructed per City Standards, 24 feet wide maximum, to the satisfaction of the City Engineer. The grade break at the right-of-way where the drive approach and the driveway join shall not exceed 14 percent. 13) San Bernardino county Flood Control District has an easement over the northwest corner of the site. Lot B should be dedicated to the District in fee. 14) Parkway shall be graded to drain towards the street at 2 percent from 12 feet back of the curb to the top of curb. 15) The driveways shall not exceed 6 percent for the first 6 feet from the street right-of-way. Show all grade breaks. The maximum slope allowed is 14 percent. Provide an 18-foot area in front of the garage which does not exceed 5 percent. The flow line should be at least 5 feet from the garage and no more than 0.5 feet below the garage floor elevation. 16) Install "No Parking Anytime" signs on the east side of Amethyst Street from the projection of the north property line to Hillside Road. 17) The Developer shall acquire the proposed private drainage easement from the property adjacent to the southwest corner of the site. Said drainage easement shall be to the satisfaction of the City Engineer and shall be recorded prior to the approval of the Final Map. Environmental Mitigated Measures Air quality impacts may occur during the site preparation including grading and equipment exhaust as it is used on site. Major sourues of emissions during this phase include exhaust emissions from construction vehicles and equipment and fugitive dust generated as a result of construction vehicles F30 PLANNING COMMISSION RESOLUTION NO. 'R' 16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 6 and equipment traveling over exposed surfaces, as well as soil disturbances by grading filling. NOx and PM10 levels will be exceeded on a daily basis during construction. The following mitigation measures will be required to reduce impacts to a less-than significant level: 1 ) The Construction Contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 2) The Construction Contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. 3) The Construction Contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period should be extended; thereby, decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4) The Construction Contractor shall support and encourage ride-sharing and transit incentives for the construction crew. 5) Dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c) After clearing, grading, earth moving, or excavation is completed; the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. E -F31 "PLANNING COMMISSION RESOLUTION NO. TT 16026 - AMETHYST ESTATES, L.P. July 14, 1999 Page 7 e) Trucks transporting soil, sand, cut or fill materials and/or construction debris to or from the site shall be tarped from the point of origin. 6) The Construction Contractor shall utilize, as much as possible, pre- coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coating applications such as paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman A'I'I'EST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract 16026 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the M itigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. An MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program Tentative Tract 16026 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for appreving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurrin9. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Ranche Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Tentative Tract 16026 (Related file: Variance 99-01 ) SUBJECT: 18 Lot Subdivision APPLICANT: Amethyst Estates L.P. LOCATION: West Side of Amethyst Street North of Valley View Street ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements co~pletion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its .__/ / agents, officers, or employees, because of the issuance of such approval, or in the alternat ve to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attomey'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. 2. A copy of the signed Resolution of Approval or City Planner's letter of 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 1. Subdivision approval shall expire, unless extended by the Planning Commission, if building / / permits are not issued or approved use has not commenced within 3 years from the date of approval. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which /~ include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and the Development Code regulations. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and J / State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Project No. TT 16026 Completion Date Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / / consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 4. 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 effect at the time of building permit issuance. 5. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with / / all receptacles shielded from public view. 6. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be __/__/ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 7. Street names shall be submitted for City Planner review and approval in accordance with the __/__/ adopted Street Naming Policy prior to approval of the final map. 8. All building numbers and individual units shall be identified in a clear and concise manner, / / including proper illumination. 9. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed / / control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. a. Local Feeder Trails (i.e., private equestrian easements) shall, at a minimum, be fenced / / with two-rail, 4-inch lodgepole "peeler" logs to define both sides of the easement; however, developer may upgrade to an alternate fence material. b. Local Feeder Trail entrances shall also provide access for service vehicles, such as __._/.J veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance may be gated provided that equestrian access is maintained through step-throughs. c. Local Feeder Trail grades shall not exceed 0,5% at the downstream end of a trail for a J_ / distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the Building Official. d. Provide a 24-foot by 24-foot corral area in the rear yard. Grade access from corral to trail .___/___/ with a maximum slope of 5:1 and a minimum width of 10 feet. 10. The Covenants, Conditions, and Restrictions (CC&Rs) shall not prohibit the keeping the equine /___/__ animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appeal ing to boards of di rectors of homeowners' associations for amendments to the CC&Rs. 11. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the / / Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the Project No. ~l' 16026 Completion Date City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January I of each and every year and whenever said information changes. 12. All parkways, open areas, and landscaping shall be permanently maintained by the property / / owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. D. Parking and Vehicular Access (indicate details on building plans) 1. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho /.__ Cucamonga Fire Protection Districl review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn-around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. E. Landscaping 1. 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. 2. All private slopes of 5 feet or more 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. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical 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. ft. 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. 4. Forsingle family residential development, all slope planting and irrigations shall be continuously / / maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 5. Front yard and corner side yard landscaping and irrigation shall be required per the / / Development Code and/or Hillside Ordinance. This requirement shall be in addition to the required street trees and slope planting. 6. 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. 7. All walls shall be provided with decorative treatment. If located in public maintenance areas, / / the design shall be coordinated with the Engineering Division. F. Other Agencies Project No TT 16026 Completion Date 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and / / location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shatl be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Site Development 1. 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 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 permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to / / existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building Official, after tract/parcel map recordation / _/ and prior to issuance of building permits. H. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City / /__ Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformanca with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of Califomia to /. / __ pei'form such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the / / time of application for grading plan check. 4. The final grading plans shall be completed and approved prior to issuance of building permits. / / 5. As a custom-lot subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site / / drainage facilities necessary for alewatering all parcels to the satisfaction of the Building and Safety Division prior to final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or / / over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division prior to issuance of grading and building permits. c. On-site drainage improvements, necessary for dewatering and protecting the subdivided __/ / properties, are to be installed prior to issuance of building permits for construction upon Project No. TT 16026 Completion Date any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety Division / / for approval prior to issuance of building and grading permits. (This may be on an incremental or composite basis). e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses ,,___/ / or planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building Official. In addition a permanent irrigation system shall be provided, This requirement does not release the applicant/developer from compliance with the slope planting requirements of Section 17.08.040 I of the Development Code. 6. In hillside areas, residential developments shall be graded and constructed consistent with the / / standards contained in the Hillside Development Regulations Section 17.24.070. 7. A separate grading plan check submittal is required for all new construction projects and for /.__/ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access 1. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be /__.J reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 42 total feet on Amethyst / / 3. An irrevocable offer of dedication for roadway purposes shall be made for the private streets. /...~/ 4. Corner property line cutoffs shall be dedicated per City Standards. /. / 5. Vehicular access rights shall be dedicated to the City for the following streets, except for .~/ / approved openings: Amethyst Street. 6. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by _.__/ / deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 7. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. J. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, / / landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees, Project No ~'F 16026 Completion Date 2. Construct the following perimeter street improvements including, but not limited to: I q Curb & I A.C. Side- Ddve Street Street Comm Median Bike Other Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Amethyst Street ,/ ,/ ,/ ,/ ,/ / (e)(f) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) R26 traffic signs. (f) Traffic striping and signage. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety J_ / lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, trafficsignal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or /.____ reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: (1)Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. f. Existing City reads requiring construction shall remain open to traffic at all times with / /__ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cress sidewalks. Under sidewalk drains shall be / /__ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check, __/__./._ Project No. ~T' 16026 Comptetion Date 4. Street improvement plans per City Standards for all private streets shall be provided for review __/ /__ and approval by the City Engineer. Prior to any work being performed on the private streets, fees shall be paid and construction permits shall be obtained from the City Engineer's Office in addition to any other permits required. 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in _~/ /__ accordance with the City's street tree program. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with / /__ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Ko Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting .__/ /__ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. L. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map __/ /__ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. A permit from the San Bemardino County Flood Control District is required for work within its / /__ right-of-way. M. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, _._/ /._ electric power, telephone, and cable 'IV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / /__ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the / /__. Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. N. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for / /__ all new street lights for the first six months of operation, prior to final map approval or pdor to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. General Fire Protection Conditions Proiect No. TT 16026 Comptetton Date 1. Mello Roos Community Facilities District requirements shall apply to this project. The developer _.__/ / shall commence, participate in, and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Comm unity Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 2. Fire flow requirement shall be 1,750 gallons per minute. ~ /.__ a. A fire flow shall be conducted by the builder/developer and witnessed by fire department / /._ personnel prior to water plan approval. b. 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. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, / /._ and operable prior to delivery of any combustible building materials on site (i .e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 4. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, / /__ if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers, 5. Prior to the issuance of building permits for combustible construction, evidence shall be __/__/ submitted to the Fire District that an approved temporary water supply for fire protection is available, pending completion of the required fire protection system. 6. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to J /._ final inspection. 7. Roadways within project shall comply with the Fire District's fire lane standards, as noted: / _/__ All roadways per Rancho Cucamonga Fire Protection District Ordinance 22. __/ 8. $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 submittal of plans. 9. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, / /._ UFC, UPC, UMC, NEC, and RCFD Standards 22 and 15. 10, Project is located in a high fire hazard area and is subject to special wildland/urban interface / /..__ hazard mitigation requirements. Such requirements may include requirements related to vegetation management plans, special construction enhancements, emergency access, water supply, automaticfire extinguishing systems, and other special requirements. ASEPARATE SET OF PLANS IS REQUIRED TO BE SUBMITtED DIRECTLY TO THE FIRE PREVENTION NEW CONSTRUCTION UNIT AT TIME OF PLAN SUBMITTAL TO BUILDING AND SAFETY, Contact the Fire Prevention New Construction Unit located in the Building and Safety Division. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 99-01, A REQUEST TO REDUCE THE MINIMUM REQUIRED LOT DEPTH: FROM 150 FEET TO 146.52 FEET FOR LOTS 10 THROUGH 14 AN D 16 THROUGH 18, FROM 150 FEET TO 146,72 FOR LOT 1, FROM 150 FEET TO 146.54 FOR LOT 2, AND FROM 150 FEET TO 143 FEET FOR LOT 3 IN CONJUNCTION WITH THE DEVELOPMENT OF 18 SINGLE FAMILY LOTS LOCATED ON THE WEST SIDE OF AMETHYST AVENUE, NORTH OF VALLEY VIEW STREET IN THE VERY LOW RESIDENTIAL DISTRICT (0-2 DVVELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-401-03. A. Recitals. 1. Amethyst Estates. L.P. has filed an application for the issuance of Vadance No. 99-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application". 2, On the 14th day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites 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, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission dudng the above- referenced public hearing on July 14, 1999, including wdtten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on west side of Amethyst Avenue, north of Valley View Street with a street frontage of 666.51 feet and lot depth of 858.33 feet and is presently unimproved; and b. The properties to the north and west are vacant and are a part the San Bemardino Flood Control Channel, the properties to the south and east consists of single family homes; and PLANNING COMMISSION RESOLUTION NO. VAR 99-01 - AMETHYST ESTATES, L.P. July 14, 1999 Page 2 c. The application has been submitted to allow a reduction in the required minimum lot depth from 150 feet to 146.52 feet for Lots 10 through14 and 16 through 18, from 150 feet to 146.72 for Lot 1, from 150 feet to146.54 for Lot 2, and from 150 feet 143 feet for Lot 3; and d. The lots within the project meet the minimum and average lot size requirements for the district and are 20,070 and 23,870 square feet respectively; and e. Lots within the project are odented primarily north to south, which is consistent with the existing single family lots to the south, and are generally of the same size and configuration; and f. That the variance as specified in the application will not be detrimental to the goals and objectives of the General Plan or Development Code and will not promote a detrimental condition to the persons or properties in the immediate vicinity on the subject site for the reasons that follow. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearin9 and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. e. Thatthe granting ofthe Variance will not be detrimenta tothepub chealth safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1 ) Variance approval shall expire if building permits are not issued within 5 years from the date of approval. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. .PLANNING COMMISSION RESOLUTION NO. VAR 99-01 - AMETHYST ESTATES, L.P. July 14, 1999 Page 3 APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF ILatNCHO CUCAMONGA _ ~ STAFF RF, PORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Salvador M. Salazar, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 99-10 - EVERGREEN DEVCO, INC. (~NALGREENS) - A request to construct and operate a drive-thru pharmacy, totaling approximately 16,170 square feet in size, in the Neighborhood Commercial District on approximately 1.15 acres of land, located on the southeast comer of Carnelian and 19th Streets - APN: 202-541-60. Related files: Vadance 99-02, Tree Removal Permit 99-18, and Preliminary Review 98-18. VARIANCE 99-02 - EVERGREEN DEVCO, INC. (VVALGREENS) - A request to reduce the minimum number of parking spaces from 54 to 60 and to reduce the minimum and average landscape setbacks along Carnelian and 19th Streets from the required minimum 25 feet and average of 35 feet to 21 and 25 feet, respectively at the southeast comerof Carnelian and 19th Streets -APN: 202-541-60. Related files: Conditional Use Permit 99-10, Tree Removal Permit 99-18, and Preliminary Review 98-18. PROJECT AND SITE DESCRIPTION: A. Project Description: The developer is proposing to construct a new drive-thru pharmacy within an existing shopping center. The ddve-thru pharmacy is approximately 16,170 square feet in size. B. Surroundinq Land Use and Zonin,q: North - Commercial Center - Neighborhood Commercial South - Commercial Center - Neighborhood Commercial East Commercial Center - Neighborhood Commercial West Commercial Center - Neighborhood Commercial C. Parkin,q Calculations: Number of Number of Type Building Parking Spaces Spaces of Use Size Ratio Required Provided Pharmacy Retail area 12,670 4.5/1000 57 Basement/Storage 3,500 1/500 7 Total 64 60 (43 on-site 17 off-site) ITEMS G g H PLANNING COMMISSION STAFF REPORT CUP 99-10 & VAR 99-02 - WALGREENS July 14, 1999 Page 2 D. Site Charact__eristics: The site is an existing bank with drive-thru, located on the southeast corner of 19th Street and Carnelian Street, in a shopping center. Full street improvements exist. ANALYSIS: A. General: The developer is proposing to demolish the existing structure and replace it with a larger pharmacy building. The larger building proposal requires the site to provide additional parking spaces in order to comply with City regulations. The developer is proposing to reduce the amount of the parking spaces and existing landscaping on-site through the related Variance 99-02 application. The Engineering Division is recommending dedication of additional right-of-way along Carnelian Street. The purpose is to accommodate the future installation of a right turn lane for the 19th Street intersection, relocate conflicting traffic signal poles, and upgrade handicap access ramp(s). In addition, additional dedication is needed along 19th Street for a future bus bay. Both the dght turn lane and the bus bay are needed to improve traffic flow at this intersection and are not the result of project impacts; therefore, no improvements are required. The handicap access ramp must be reconstructed to meet federal standards. A single street light is needed along the Carnelian Street frontage. B. Land ~: The premise of all Conditional Use Permit reviews is to ensure the compatibility of adjacent uses and the separation of potential nuisance activities. The property has been used for many years as a bank with drive-thru with no record of complaints. The site is within a shopping center which was developed with neighborhood commercial uses in mind. According to the C ty's General Plan, the neighborhood shopping centers are intended to provide "essential retail goods and services to the residents or occupants in the immediate vicinity," including medical services. Typically, a neighborhood shopping center has a major supermarket and drug store. The supermarket space is currently vacant and there is no drugstore within the center. The location of a ddve-thru is the same as currently exists; hence should not interfere with the surrounding land uses. Staff anticipates no land use compatibility problems as a result of the proposed use. C. Tree Removal: The developer is proposing to remove five mature Pine trees in order to accommodate the construction of the pharmacy building and six additional trees, once improvements are completed within the revised (after dedication) public right-of way. A Tree Removal Permit has been filed in conjunction with this application, The developer will be required to replace all trees, at a one-to-one ratio, with large specimens. D. Desi.qn Review Committee: On June 15, and July 6, 1999, the Design Review Committee (Henderson, Stewart and Fong, Stewart and McNiel, respectively), considered and recommended approval, subject to revisions, of the Site Plan and Building Elevations (Exhibit "F"). E. Environmental Assessment: The applicant completed Part I of the Initial Study and staff has completed Part II. Staff found that there may be a significant impact related to the amount of available on-site parking. Staff is recommending a mitigation measure that the proposed 3,500 square foot basement only be used for storage purposes in order to reduce the parking demand for the new ddve-thru pharmacy. The conditions of approval include this restriction. If · PLANNING COMMISSION STAFF REPORT CUP 99-10 & VAR 99-02 - WALGREENS July 14, 1999 Page 3 the Planning Commission concurs with these findings, then issuance of a Mitigated Negative Declaration would be appropriate. FACTS FOR FINDING: In order for the Planning Commission to approve a Variance, facts to support all of the following findings must be made: Landscapinq Var ance A. Finding: That stdct or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. Fact: The literal interpretation of the landscape regulations would result in a practical hardship inconsistent with the objectives of the Development Code. The project generally meets landscaping regulations; however, because of the required additional street dedication, the landscape setback along Carnelian and 19th Streets is further reduced. B. Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. Fact: The property is located within an existing shopping center and acquisition of additional property is not possible. Furthermore, other properties in the immediate vicinity have not been required to dedicate additional land for a bus turn bay in addition to the typical street dedication to accommodate a right turn lane. C. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Fact: The literal interpretation of this regulation would deprive the property owner from developing the property with an economically successful commercial building, D. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. Fact: The granting of the Variance will not grant special privilege as no other property in the immediate vicinity has been required to dedicate that much property on two sides of the property. E. Finding: That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Fact: The granting of the Vadance will not be injurious to other properties in the vicinity. The project will be required to comply, except for the Variance request, with all other development regulations including all building and fire division regulations. PLANNING COMMISSION STAFF REPORT CUP 99-10 & VAR 99-02 - WALGREENS July 14, 1999 Page 4 Parkinq Variance: A, Finding: That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. Fact: The literal interpretation of the parking regulations would result in a practical hardship inconsistent with the objectives of the Development Code. Based on the operational characteristics of the pharmacy, the reduction of 4 parking spaces would not adversely impact the adjoining businesses, B, Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district, Fact: The pharmacy is located within an existing shopping center and acquisition of additional property to provide the extra parking spaces is not possible. C. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district, Fact: The purpose of this regulation is to ensure that an adequate number of parking spaces is provided to accommodate the use. Based on the operational characteristics of the use, the developer would be able to operate the pharmacy use similarly to other uses within the shopping center. D. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. Fact: The granting of the Variance will not grant special privilege as no other property in the immediate vicinity has a basementJstorage with similar operating characteristics. E. Finding: That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Fact: In order to ensure that the reduction in the number of parking spaces is not adversely injurious to other properties, staff is recommending as a condition of approval and as a mitigation measure that the basement be used only for storage at all times. Based on the unique operational characteristics of the use and the location of the property, staff believes the requisite findings for parking and landscaping variances can be supported. 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. PLANNING COMMISSION STAFF REPORT CUP 99-10 & VAR 99-02 - WALGREENS July 14, 1999 Page 5 RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit 99-10 and Variance 99-02 through adoption of the attached Resolutions of Approval. City Planner BB:SS:mlg Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" - Landscape Section Exhibit "D" - Floor Plan Exhibit "E" - Elevations Exhibit "F" - Design Review Committee Action Comments dated June 15, and July 6, 1999 Exhibit "G" - Environmental Initial Study, Part II Resolution of Approval for Conditional Use Permit 99-10 with Conditions Resolution of Approval for Variance 99-02 " r ....... il , s.- $ m mf il I L f I I ~. ; I t I f DESIGN REVIEW COMMENTS 9:30 p.m. Sal Salazar June 15, 1999 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 99-10 - EVERGREEN DEVCO, INC. (WALGREENS) - A request to construct and operate a drive-thru pharmacy, totaling approximately 16,170 square feet in size, in the Neighborhood Commercial District on approximately 1.15 acres of land, located on the southeast corner of Carnelian and 19th Stree{s - APN: 202-541-060. Related file: Preliminary Review 98-18. Desi.qn Parameters: The project involves development of approximately 1.15 acres of land with a drive-thru pharmacy. The site is currently improved with an approximately 5,000 square foot bank building with drive-thru teller. The developer is proposing to demolish the existing structure and replace it with a larger pharmacy building. The pharmacy use requires the site to provide additional parking spaces in order to comply with City regulations. Therefore, in order to accommodate the larger pharmacy building and the additional parking spaces, the developer is proposing to reduce the amount of the existing landscaping on-site. Of particular concern to staff is the width of the landscape planter located on the east side of the property adjacent to the main driveway along 19th Street. The landscape planter currently screens the drive-thru lane and is proposed to screen the future drive-thru lane for the pharmacy. The developer, however, is proposing to reduce the width of this landscape planter from an average width of 20 feet to approximately 5 feet. The reduction in the width of the landscape planter makes the drive-thru area more visible for passing vehicles entering the commercial center from 19th Street. The developer is proposing to install a screen wall in this landscape planter to screen the ddve-thru lane. However, the installation of the screen wall (plus a 6-inch wide curb on both sides) within this narrow landscape planter further diminishes the area available for landscaping. Because the driveway is higher than the drive-thru lane, a screen wall may not be effective. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following design issues will be the focus of Committee discussion regarding this project: 1. Architecture: The proposed design should be revised for greater consistency with established theme of shopping center, Elements such as greater use of tile roof, and wood columns (instead of stucco), would be appropriate. Except for major tower, the remainder of building should be wrapped with tile roof canopy. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. Landscape Planter width on the main entry alono 19th Street: The developer is proposing to install a 5-foot wide landscape planter on the east side of the property to screen the drive- thru lane. Staff is recommending that width of the landscape planter be increased to a minimum of 7 feet. 2. Screen Wall: Staff is recommending that this screen wall shall be a decorative wall (slump stone, split face, stucco with pilasters). Additionally, staff is recommending that the screen wall shall be relocated to the westerly section of the subject landscape planter in order to provide more usable planting area. DRC COMMENTS CUP 99-10-EVERGREEN DEVCO, INC. June 15, 1999 Page 2 Staff Recommendation: Staff recommends that the project be revised and return to Design Review Committee, prior to scheduling for Planning Commission. Desiqn Review Committee Action: Members Present: Pam Stewart, Larry Henderson Staff Planner: Salvador M. Salazar The Committee reviewed the project and recommended approval subject to the following: 1. Secondary Issues were addressed per revised plans submitted by the applicant. 2. Provide a double column configuration underthe drive-thru canopy consistent with the Other proposed columns. 3. Enhance the pedestrian connection to the existing Center by increasing the width of the covered arcade on the south side of the building by shifting the parking further south and provide decorative pavement in the ddveway aisle connection. 4. Eliminate the walkway under the arcade on the west side of the building and provide landscape planter. 5. Provide Landscape Conceptual Site Plan and cross-sections of the ultimate public improvements of both street frontages. Landscaping needs to be designed to work as a screen to the drive-thru lane at the time of full dght of way development. 6. Revised Plans must be submitted to staff by June 21, 1999, in order for the item to be heard by the Planning Commission on July 14, 1999. DESIGN REVIEW COMMENTS 9:40 p.m. Sal Salazar July 6, 1999 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 99-10 - EVERGREEN DEVCO, INC. (WALGREENS) - A request to construct and operate a drive-thru pharmacy, totaling approximately 16,170 square feet in size, in the Neighborhood Commercial District on approximately 1.15 acres of land, located on the southeast corner of Carnelian and 19th Streets - APN: 202-541- 060. Related file: Preliminary Review 98-18. Background: This project was reviewed by the Design Review Committee on June 15, 1999. The Committee members recommended the developer to modify the plan to address certain (landscaping and pedestrian connection to the existing center) design issues. The design issues are listed below in numerical order followed by an explanation indicating how those issues were addressed. 1. Provide a double column configuration under the drive-thru canopy consistent with the other proposed columns. The developer agreed to provide a double column design at the drive-thru canopy. The site plan shows the revision. 2. Enhance the pedestrian connection to the existing center by increasing the width of the covered arcade on the south side of the building by shifting the parking further south and provide decorative pavement in the driveway aisle connection. The submitted Site Plan shows this decorative connection. 3. Eliminate the walkway under the amade on the west side of the building and provide landscape planter. The developer was not able to completely eliminate the walkway under this elevation due to the fact that the pharmacy is required to provide a walkway adjacent to any parking lot area. The developer, however, moved the landscape planter adjacent to the building and included a landscape trellis on the wall to meet the intent (provide additional landscaping) of the comment. Staff is in support of this revision. 4. Provide Landscape Conceptual Site Plan and cross-sections of the ultimate public improvements of both street frontages. Landscaping needs to be designed to work as a screen to the drive-thru lane at the time of full right of way development. The developer submitted the revised cross-sections, along Carnelian and 19th Streets, that show the ultimate right-of-way after improvements. The developer is planting additional trees (approximately 20 feet on center) along 19th Street In order to ensure that the drive- thru lane is completely screened from 19th Street. Additionally, staff is recommending that the final Landscape Plan shall also include tall shrubs (6 feet in height) adjacent to the retaining wall. Staff Recommendation: Staff recommends approval of the project, Desiqn Review Committee Action: Members Present:Larry McNiel, Pam Stewart sta, P,anner:Sa,vador M. Sa,azarG DRC COMMENTS CUP 99-10 - EVERGREEN DEVCO, INC. July 6, 1999 Page 2 The Committee reviewed the project and recommended approval, subject to the following changes. Desiqn Item No. 2: The construction material (stamped concrete) used for the pedestrian connection and enhanced treatment at the main driveway shall be changed from stamped concrete to interlocking pavers. The developer agreed to make this modification. Desiqn Item No. 3: The width concrete walkway located on the west side of the building shall be increased to approximately 4 feet. Therefore, the width of the landscape planter shall be reduced accordingly to accommodate this modification. The developer ag reed to modify the plans accordingly. City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Conditional Use Permit 99-10 2. Related Files: Variance 99-02 and Preliminary Review 98-18 3. Description of Project: A request to demolish a vacant bank building and construct an approximately 16,170 square foot (first floor and basement) drive-thru pharmacy. The developer is also proposing to deviate from the minimum number of parking spaces required. The site is required to provide a total of 64 parking spaces in order to accommodate the use. The developer is proposing to provide 60 parking spaces 43 on-site and 17 off-site (within the shopping center). Additionally, the developer is requesting Variance approval to deviate from the minimum landscape setback along 19th Street. The minimum landscape setback along 19th and Carnelian Streets is 25 feet (measured from ultimate curb face) with an average of 35 feet. The developer is proposing 21 and 25 feet of landscaping, respectively. The site is approximately 1 -acre in size and is located on the southeast corner of 19th and Carnelian Streets - APN: 202-541-60. 4. Project Sponsor's Name and Address: Evergreen Devco, Inc. 1300 E. Missouri, Suite A 200 Phoenix, AZ 85014 5. General Plan Designation: Neighborhood Commercial 6. Zoning: Neighborhood Commercial 7. Surrounding Land Uses and Setting: The property is surrounded by developed land with similar commercial buildings and zoning designation. 8o 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: Salvador M. Salazar, AICP Associate Planner (909) 477-2750 10. Other agencies whose approval is required: None Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS Page ~ 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, as indicated by the checklist on the following pages. ( ) Land Use and Plai-.-~;i~g (X) Transportation/Circulation ( ) Public Services ( ) Population and Housing ( ) Biologicel Resources ( ) Utilities and Service Systems ( ) Geological Problems ( ) Energy and Mineral Resources ( ) Aesthetics ( ) Water ( ) Hazards ( ) Cultural Resources ( ) Air Quality ( ) Noise ( ) Recreation ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (X) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to 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 eadier 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: ~ S IVl. Salazar, AICP Associate Planner June 21, 1999 · Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS 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. S~gni~cant 1. LAND USE AND PLANNING. Would the proposal.' a) Conflict with general plan designation or ( ) (X) zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? 0 (X) c) Be incompatible with existing land use in the vicinity? ( ) (X) d) Disrupt or divide the physical arrangement of an established community? ( ) ( ) (X) Comments: a-d) No impacts are anticipated to Land Use and Planning as the drive-thru pharmacy use is permitted in the Neighborhood Commercial Development District. 2. POPU~TION ~D HOUSING. Would ~e proposah a) Cumulmively exceed official regional or Io~1 population proje~ions? ( ) ( ) (X) b) Induce substantial gro~h in an area either dire~ly or indirectly (e.g., through projects in an undeveloped area or e~ension of major infrastructure)? ( ( ) (X) c) Displace existing housing, especially affordable housing? ( ( ) (X) Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS Page 4 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ) ) ( ) (X) b) Seismic ground shaking? ) ) (X) c) Seismic ground failure, including liquefaction? ) ) (X) d) Seiche hazards? ) ) (X) e) Landslides or mudflows? ) ) (X) f) Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? ( ) ) (X) g) Subsidence of the land? ( ) ( ) (X) h) Expansive soils? ( ) ( ) 0 (X) i) Unique geologic or physical features? ( ) ( ) ( ) (X) Comments: a-i) The nearest fault zone is the Cucamonga Fault which is located approximately 2.5 miles northeast of the subject site. No fault rupture is expected in the immediate vicinity of the project. Therefore, some exposure to seismic related hazard is expected. This exposure is not considered significant because the exposure is no different than the exposure of virtually all new and existing development in the City of Rancho Cucamonga. 4. WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? ( ) 0 ( ) (X) b) Exposure of people or property to water related hRTRrds such as flooding? ( ) ( ) ( ) (X) c) Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? ( ) ( ) ( ) (X) d) Changes in the amount of surface water in any water body? ( ) ( ) ( ) (X) e) Changes in currents, or the course or direction of water movements? ( ) ( ) ( ) (X) -Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS Pa~le 5 Issuss and Supporting Information Sources: SignificantMitigationSilgr~nt f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( ) ( ) (X) g) Altered direction or rate of flow of groundwater? ( ) ( ) (X) h) Impacts to groundwater quality? ( ) ( ) (X) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) ( ) (X) 5. AIR QUALITY. Would the proposal.' a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) ( ) (X) b) Expose sensitive receptors to pollutants? ( ) (X) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) (X) d) Creme objectionable odors? ( ) (X) 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) ( ) ( ) (X) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( ) 0 ( ) (X) c) Inadequate emergency access or access to nearby uses? ( ) ( ) ( ) (X) d) Insufficient parking capacity on-site or off-site? ( ) (X) 0 ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) ( ) ( ) (X) -Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS Page Significant Impact Less Issues and Supl)offing I~on~atlon Sources: PotentiallyUnless Than SignificantMitigation nt ~No f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) ( ) (.) (X) g) Rail or air traffic impacts? ( ) ( ) ( ) (X) Comments: d) The applicant is requesting variance approval to deviate from the minimum number of parking spaces required for the use. As a mitigation measure and to ensure that there is adequate parking for the adjoining uses, the proposed basement of the building is to be used only for storage at all times. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? ( ) ( ) ( ) (X) b) Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? ) ( ) ( ) (X) c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? ) ( ) ) (X) d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? ( ) ( ) ) (X) e) Wildlife dispersal or migration corridors? ( ) ( ) ( ) (X) Comments: a-e) In general, wildlife diversity in the area where the project is to be located is low due to the urbanized nature of the areas and its surroundings. Therefore, endangered species are not expected to occur in the area due to the lack of suitable habitat. Additionally, the site currently has improvements (5,000 square foot building), which are not conducive to wildlife habitat. Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS Page 7 Significant 8. ENERGY AND MINERAL RESOURCES. Would the proposah a) Conflict with adopted energy consedation plans? ( ) ( ) (X) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) ( ) (X) c) Result in the loss of availabiliW of a known mineral resource that would be of future value to the region and the residents of the State? ( ) ( ) (X) 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? ( ) ( ) ( ) (X) 'b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) ( ) ( ) (X) c) The creation of any health hazard or potential health hazard? ( ) ( ) ( ) (X) d) Exposure of people to existing sources of potential health hazards? ( ) ( ) ( (X) e) Increased fire hazard in areas with flammable brush, grass, or trees? ( ) ( ) ( (X) 10. NOISE. Will the prop~al result in: a) Increases in existing noise levels? ) ( ) ( ) (X) b) Exposure of people to severe noise levels? ) ( ) ( ) (X) -Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS Page Significant 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ( ) ( ) (X) b) Police protection? ( ) ( ) ( ) (X) c) Schools? ( ) ( ) ( ) (X) d) Maintenance of public facilities, including roads? ( ) ( ) ( ) (X) e) Other governmental services? ( ) ( ) ( ) (X) 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) Power or natural gas? ( ) ( ) ) (X) b) Communication systems? ( ) ( ) ) (X) c) Local or regional water treatment or distribution facilities? ( ) ( ) ( ) (X) d) Sewer or septic tanks? ( ) ( ) ( ) (X) e) Storm water drainage? ( ) ( ) ( ) (X) f) Solid waste disposal? ( ) ( ) ( ) (X) g) Local or regional water supplies? ( ) ( ) ( ) (X) 13. AESTHETICS. Would the proposal.' a) Affect a scenic vista or scenic highway? ) ( ) (X) b) Have a demonstrable negative aesthetic ) ( ) (X) effect? c) Create light or glare? ( ) ( ) (X) -Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS PaSte 9 14. CULTURAL RESOURCES. Would the proposak a) Disturb paleontological resources? ( ) ( ) ( ) (X) b) Disturb archaeological resources? ( ) ( ) ( ) (X) c) Affect historical or cultural resources? ( ) ( ) ( ) (X) d) Have the potential to cause a physical change which would affect unique ethnic cultural ( ) ( ) ( ) (X) values? e) Restrict existing religious or sacred uses within the potential impact area? ( ) ( ) ( ) (X) 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) ( ) ( ) (X) b) Affect existing recreational opportunities? ( ) ( ) ( ) (X) Comments: a-b) No impacts to recreation are anticipated as the project is a commercial building. 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 restdct the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ( ) ( ) ( ) (X) -Initial Study for City of Rancho Cucamonga CUP 99-10 - WALGREENS Pa,qe 10 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.) ( ) ( ) ( (X) 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.) ( ) ( ( (X) d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ( ) ( ) ( ) (X) 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): (X) General Plan EIR (Certified April 6, 1981 ) (X) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) MITIGATION MEASURES Item 6. Transportation (parking): 1) In order to reduce the parking demand for the new drive-thru pharmacy the proposed 3,500 square foot basement shall only be used for storage purposes. Gent Oy: EVERGREEN DEVCO INC 6022639338; 00/22/99 12:01PM;.le. ras_#765;Page 2/2 9.ENT Ily: R CLJC;AIBI~NI~4, COM DEV; 6-22-99 8:otl; 9094?72847 --> l!0226-qo~Lqe; #1211~ Initial Study for ,CUP 99-10 - WALGREEN,S City of Rancho Cucirnonge Pa;la 1 I AIIPLICANT CERTIFICAllON I certify mat I a&m the applicant for the pmje~ ,~escrllied in Ibis Initial Shady. I a4~knowledge that I have ineld this Initial StUdy and the proposed mitigation manures, Further, I have revir, ed the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mirig~te the effects to a pint where olearly no signffianl environmental effecls wogla ocr,,ur. City of Rancho Cucamonga NEGATIVE DECLARATION The fo~owing Negative Declaration is being circulated for pubtic review in accordance with the California Environmental Qua~ty Act Section 21091 and 21092 of the Pubtic Resources Code. Project File No.: Conditional Use Permit 99-10 Public Review Period Closes: July 14. 1999 Project Name: Walgreens Project Applicant: Evergreen Devco, Inc. Project Location (also see attached map): Located on the southeast corner of Carnelian and 19th Streets - APN: 202-541-060. Project Description: A request to construct and operate a drive-thru pharmacy, totaling approximately 16,170 square feet in size. in the Neighborhood Commercial District on approximately 1.15 acres of land. Related files: Variance 99-02 and Preliminary Review 98-18. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: [] The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. [] The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point 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 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. July 14, 1999 Date of Determination Adopted By RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 99-10 TO ALLOW CONSTRUCTION AND OPERATION OF A 16,170 SQUARE FOOT DRIVE-THRU PHARMACY ON 1.15 ACRES OF LAND IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT THE SOUTHEAST CORNER OF CARNELIAN AND 19TH STREETS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-541-60. A. Recitals. 1. Evergreen Devco, Inc. has filed an application forthe issuance of Conditional Use Permit No. 99-10, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as '~he application." 2. On the 14th day of July 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, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission dudng the above- referenced public headng on July 14, 1999, including wdtten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast comer of Carnelian and 19th Streets with a street frontage of 169.35 feet and a lot depth of 241 feet, and is presently improved with a 5,000 square foot bank building with drive-thru; and b. The properties to the north and west of the subject site are improved with a commercial center, the properties to the south and east consist of a shopping center; and c. The project, with the exception of parking and landscaping complies with all minimum development City standards; and d. The proposed design incorporates many architectural and landscape design elements consistent with the Development Code objectives to provide compatible building elevations. PLANNING COMMISSION RESOLUTION NO. CUP 99-10 - EVERGREEN DEVCO, INC. July 14, 1999 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the 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. 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 and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That 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; that 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. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code of Regulations, the Planning Commission finds as follows: In considedng 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 the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dudng the public headng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 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: Plannin.q Division 1 ) The developer shall provide additional shrubs on the north side of the retaining wall along 19th Street. PLANNING COMMISSION RESOLUTION NO. CUP 99-10 - EVERGREEN DEVCO, INC. July 14, 1999 Page 3 2) All roof- and ground-mounted equipment shall be fully screened from surrounding property and public rights-of-way. This may require increased-parapet height given the natural climb in local terrain to the north. 3) No outdoor storage of materials/merchandise is permitted, including temporary storage in staging area on south side of building. The garden canter is not considered outdoor storage so long as the above noted enhancements are provided. 4) All building materials and colors shall match the existing center. 5) Tree Removal Permit No. 99-17 is approved subject to replacement of trees at a one-to-one ratio. All removed trees shall be replaced at a one-to-one ratio with the largest nursery grown stock available as determined by the City Planner. 6) All signs shall be designed to conform to the shopping centers Uniform Sign Program. Enfiineedn.q Division 1) The developer is required to procass a Certificate of Compliance (No. 445) for a lot line adjustment between APNs: 202-541-58 and 60. The lot line adjustment shall be recorded, prior to issuance of a building permit. 2) Dedicate additional street right-of-way along Carnelian Street frontage sufficient so that the City can, in the future, install right turn lane for the 19th Street intersection (per Standard Plan No. 119), relocate conflicting traffic signal poles and upgrade access ramp(s). Provide a minimum right-of-way of 7 feet measured from the ultimate face of curb and a corner cut-off for a 35-foot curb return, per Standard Plan No's. 100-b and 102. This offer of dedication shall be made and approved, prior to the approval of Lot Line Adjustment No. 445 and the issuance of building permits. 3) Dedicate additional street right-of-way along 19th Street for a future bus bay (per Standard Plan No. 119). Provide a minimum of 7 feet measured from the ultimate faca of curb. Said fight-of-way shall extend to the existing project driveway in the event future development within the center warrants a right turn lane into the canter. These offere of dedication shall be made and approved, prior to the approval of Lot Line adjustment No. 445 and the issuanca of building permits. 4) The existing overhead utilities (telecommunications and electrical, except for the 66kV electrical) on the project side of Carnelian Street shall be under grounded from the first pole north of 19th Street to the PLANNING COMMISSION RESOLUTION NO. CUP 99-10 - EVERGREEN DEVCO, INC. July 1,4, 1999 Page 4 first pole south of the projecrs south property line, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing Carnelian Street within the project under grounding limits shall be undergrounded at the same time. 5) A signed consent and waiver to join the appropriate landscape and lighting maintenance districts shall be filed with the City Engineer, prior to the issuance of building permits. 6) Improvements exist at the southeast comer of Carnelian and 19th Streets, but some do not meet current standards since the center was constructed, prior to City incorporation. To meet the Federal Americans with Disabilities Act (ADA) design and construction requirements for accessibility, the centers northerly drive approach on Carnelian Street shall be reconstructed per Standard Plan No. 101, Type C. If necessary, a sidewalk easement shall be dedicated as required and to the satisfaction of the City Engineer. 7) Install 16000 lumen HPSV street light along the Carnelian Street frontage of the project parcel. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, pdor to building permit issuance. 8) If additional street trees are necessary, they shall conform to the "Conditional Use Permit 99-10 Street Tree Requirement Form," dated May 18, 1999, on file in the office of the City Engineer. 9) Public right-of-way improvements adjacent to and fronting the project site shall be protected in-place and replaced as required above to the satisfaction of the City Engineer as follows: a) Security shall be posted and an agreement executed, to the satisfaction of the City Engineer and City Attorney, guaranteeing completion of the required improvements, pdor to the issuance of building permits. b) Provide Street Improvement Plans, prepared by a reg stered Civil engineer, for the required off-site public improvements. Processing and plan check fees will be required, c) Prior to any work being performed in the street r ght-of-way, fees shall be paid and a construction permit shall be obtained from the office of the City Engineer. -PLANNING COMMISSION RESOLUTION NO. CUP 99-10 - EVERGREEN DEVCO, INC. July 14, 1999 Page 5 Environmental Mitiqation Measures 1) In order to reduce the parking demand for the new ddve-thru pharmacy, the proposed 3,500 square foot basement shall only be used for storage purposes. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman A'I'rEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Conditional Use Permit 99-10 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that deparlment. Procedures - The following steps will be followed by the City of Rancho Cucemonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. An MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program Conditional Use Permit 99-10 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required pedod of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Conditional Use Permit 99-10 SUBJECT: APPLICANT: Wa preens Pharmacy LOCATION: Southeast corner Carnelian and 19th Streets ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought 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. 2. A copy of the signed Resolution of.approval or City Planner's letter of 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 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which / include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein. and the Development Code regulations. project No CUP99-10 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approvat shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until 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 Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. 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 effect at the time of building permit issuance. 7. 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, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, / and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall / be located out of public view and adequately screened through the use of a combination of concrate or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, __/__ __ including proper illumination. 11. All parkways, open areas, and landscaping shall be permanently maintained by the property __ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. D. Shopping Centers 1. Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner: a. Architecturally integrated into the design of (the shopping center/the project). / b. Separate pedestrian access that does not require the opening of the main doors and / to include self-closing pedestrian doors. Project No. CUP99-10 Completion Date c. Roll-up doors. / d. Architecturally treated overhead shade trellis. / e. Chain link screen on top to prevent trash from blowing out of the enclosure an< / designed to be hidden from view. 2. Trash collection shall not interfere with normal business hours of operation. / 3. Graffiti shall be removed within 72 hours. / 4. The entire site shall be kept tree trom trash and debris at all times and in no event shall trash / and debris remain for more than 24 hours. 5. Signs shall be conveniently posted for "no overnight parking" and for "employee parking only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB dudng the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the 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. 7. 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. 8. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the City Planner prior to the issuance of building permits. 9. Cart corrals shall be provided for temporary storage. No permanent outdoor storage of shopping carts shall be permitted unless otherwise approved by the Planning Commission. The shopping cads shall be collected and stored at the approved designated place at the end of each work day. E. Building Design 1. 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) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space __/i i abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. ProiectNo CUP99-10 Completion Date 2. 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). 3. All parking spaces shall be double striped per City standards and all driveway aisles, ~/__ entrances, and exits shall be striped per City standards. 4. Handicap accessible stalls shah 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. 5. Motorcycle parking area shall be provided for commemial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. 6. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily __ __/__ residential projects or more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike reck. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. G. Landscaping 1. 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. 2. Existing trees required to be preserved in place shall be protected with a construction barrier __/__ in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations 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. 3. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within / commercial and office projects, shall be specimen size trees - 24-inch box or larger. 4, Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three / parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. 5. 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. 6. All private slopes of 5 feet or more 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 erasion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Project No CUP99-10 Completion Date 7. All private slopes in excess of 5 feet, but less than 8 feet in vertical 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. ft. 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. 8. 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. 9. All walls (including screen walls) shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 10. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a pad 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 installation of any signs. I. Environmental 1. 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 the City Planner in the amount of $719.00, 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 fo~eit. In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. Project No. CUP99-10 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR I OMPLIANCE WITH THE FOLLOWING CONDITIONS: K. Site Development 1. 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 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 permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition / to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building Official, after tract/parcel map recerdation / and prior to issuance of building permits. 4. 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 or holidays. Existing Structures 1. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with the / Uniform Plumbing Code and Uniform Building Code. 2. Underground on-site utilities are to be located and shown on building plans submitted for / building permit application. 3. Existing building shall be demolished upon tenant improvement plan check submittal, __ additional requirements may be required. M. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City __ Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. 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: N. General Fire Protection Conditions 1. An automatic fire extinguishing system(s) will be required as noted below: X Per Rancho Cucemonga Fire Protection District Ordinance 15. __ __/__ Project No CUP99-10 Completion Date Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing, spray painting, fiammable liquids storage, high piled stock, etc. Contact the Fire Safety Division to determine if the sprinkler system is adequate for proposed operations. 2. Sprinkler system monitoring shall be installed and operational immediately upon completion / of sprinkler system. 3. 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. 4. $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 submittal of plans. 5. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, / UFC, UPC, UMC, NEC, and RCFD Standards 22 and 15. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Lighting 1. 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. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting 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 1. 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. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. 3. All roof openings giving access to the building shall be secured with either iron bars, metal gates, or alarmed. Q. Windows 1. Store front windows shall be visible to passing pedestrians and traffic. / Project No. CUP99-10 Completion Date R. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be a minimum of three feet in length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. S. Alarm Systems 1. 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. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 99-02 TO DEVIATE FROM THE MINIMUM NUMBER OF PARKING SPACES AND TO REDUCE THE LANDSCAPE SETBACK ALONG CARNELIAN AND 19TH STREETS, LOCATED AT THE SOUTHEAST CORNER OF CARNELIAN AND19TH STREETS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-541-60. A. Recitals. 1. Evergreen Devco, Inc. has filed an application for the issuance of Variance No. 99-02 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 14 day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolutio_______~n. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission durin9 the above- referenced public hearing on July 14, 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 southeast comer of Camelian and 19th Streets with a street frontage of 169.35 feet and feet and lot depth of 241 feet and is presently improved with a 5,000 square foot building; and b. The properties to the north and west of the subject site are improved with a commercial center, the properties to the south and east consist of a shopping center; and 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. Finding: That stdct or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physicel hardship inconsistent with the objectives of the Development Code. Fact: The literal interpretation of the landscape regulations would result in a practical hardship inconsistent with the objectives of the Development Code. The project generally meets landscaping regulations; however, because of the required additional street dedication, the landscape setback along Carnelian and 19th Streets is further reduced. · PLANNING COMMISSION RESOLUTION NO. VAR 99-02 - EVERGREEN DEVCO, INC. July 14, 1999 Page 2 b. Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. Fact: The property is located within an existing shopping center and acquisition of additional property is not possible. Furthermore, other properties in the immediate vicinity have not been required to dedicate additional land for a bus turn bay in addition to the typical street dedication to accommodate a right turn lane. c. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Fact: The literal interpretation of this regulation would deprive the property owner from developing the property with an economically successful commercial building.. d. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. Fact: The granting of the Variance will not grant special privilege as no other property in the immediate vicinity has been required to dedicate that much property on two sides of the property. e. Finding: That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Fact: The granting of the Vadance will not be injurious to other properties in the vicinity. The project will be required to comply, except for the Vadance request, with all other development regulations including all building and fire division regulations. Parkin,q: a. Finding: That stdct or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. Fact: The literal interpretation of the parking regulations would result in a practical hardship inconsistent with the objectives of the Development Code. Based on the operational characteristics of the pharmacy, the reduction of 4 parking spaces would not adversely impact the adjoining businesses, b. Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district, Fact: The pharmacy is located within an existing shopping center and acquisition of additional property to provide the extra parking spaces is not possible. c. Finding: That stdct or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the PLANNING COMMISSION RESOLUTION NO. VAR 99-02 - EVERGREEN DEVCO, INC. July 14, 1999 Page 3 Fact: The purpose of this regulation is to ensure that an adequate number of parking spaces is provided to accommodate the use. Based on the operational characteristics of the use, the developer would be able to operate the pharmacy use similarly to other uses within the shopping center. d. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. Fact: The granting of the Variance will not grant special privilege as no other property in the immediate vicinity has a basementJstorage with similar operating characteristics. e. Finding: That the granting of the Vadance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Fact: In order to ensure that the reduction in the number of parking spaces is not adversely injurious to other properties, staff is recommending as a condition of approval and as a mitigation measure that the basement be used only for storage at all times. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below. 1) All pertinent conditions contained in the Resolution of Approval for Conditional Use Permit 99-10 shall apply. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CITY OF RANCHO CUCAMONGA ' ~ STAFF REPORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Debra Meier, Contract Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 16000 AND DEVELOPMENT REVIEW 99-13 - LEWIS APARTMENT COMMUNITIES - A proposed Tentative Tract Map consisting of 6 lots for condominium purposes; along with Design Review of 306 apartment units, on 16 acres of land located within the Terra Vista Planned Community. The site boundary is formed by Spruce Avenue, Church Street, and East Elm Avenue. Existing Terra Vista Community Plan land use designation is High Residential (24-30 dwelling units per acre). Proposed development density is within the Medium-High Residential density (14-24 dwelling units per acre). APN: 1077-421-55 and 60. PROJECT AND SITE DESCRIPTION: A. Project Density: The proposed project density is 19.36 dwellin9 units per acre. The project is located within the High Residential District (24-30 dwelling units per acre); however, the proposed development is within the Medium-High Residential Density (14-24 dwelling units per acre) of the Terra Vista Community Plan. This flexibility is allowed in the Terra Vista Community Plan subject to review and approval of the Planning Commission and City Council. The standards of the Medium-High Distdct will apply to the proposed development. B. Surroundin,q Land Use and Zoning: The proposed project is located in the southwest quadrant of the Terra Vista Community, existing residential and commercial development is predominant throughout much of this quadrant. Land Use and Zoning surrounding the site include: North - Spruce Avenue Park and an existing apartment community South- An undeveloped parcel currently zoned High Residential, andTownCenterSquare East - An undeveloped parcel currently zoned Medium-High Residential West - Terra Vista Business Park and an undeveloped parcel currently zoned High Residential C. General Plan Desi,qnations: Project Site - High Residential (24-30dwelling units per acre); developed within the Medium- High Residential Density (14-24 dwelling units per acre) as allowed by the Terra Vista Community Plan North - Park/Medium Density Residential (8-14 dwelling units per acre) South - High Residential (24-30 dwelling units per acre)/Community Commercial East Medium-High Residential (14-24 dwelling units per acre) West Office Park/High Residential (24-30 dwelling units per acre) ]~TgN T .PLANNING COMMISSION STAFF REPORT TT 16000 & DR 99-13 - LEWIS APT. COMM. July 14, 1999 Page 2 D. Site Characteristics: The site was previously rough graded for Tract 13859, an apartment project; and all perimeter streets, East Elm Avenue, Spruce Street, and Church Street, are existing. There are no remaining trees or significant vegetation on the site. E. Parkin.q Calculations: Parking Required: One Bedroom Units - 1.5 spaces/unit X 58 units = 87 spaces (one enclosed space/unit) Two Bedroom Units - 1.8 spaces/unit X 224 units = 403 spaces (one enclosed space/unit) Three Bedroom units - 2.0 spaces/unit X 24 units = 48 spaces (two enclosed spaces/unit) In addition, to the number of spaces required for each unit, one parking space for every four units is required for visitor parking: 306 units × 0.25 = 77 spaces Therefore the total number of spaces required is 615. Of this total, a minimum of 330 spaces must be enclosed within a garage or carport. Parking Provided: Enclosed: 357 Open: 259 Total: 616Spaces ANALYSIS: A. General: The applicant has indicated that Innsbruck Village has been designed with the following prospective residents in mind: small families with older children, "empty nesters," older singles, and young professionals. The applicant has also indicated that this project is designed for those individuals who are renters by choice. The basic amenities within the project include upgraded wiring for phone/modem/fax usage, both attached and detached garages, clubhouse and outdoor activity centers including an outdoor fireplace, fitness center, pool/spa, and a tot lot. The project is completely fenced, including secudty gates at the project entry from both Spruce Avenue and Church Street. Pedestrian access gates are provided at the primary entry points as well as near all three intersections surrounding the site for pedestrian access to nearby schools, parks, and shopping opportunities. The project includes a total of 306 units, consisting of 58 one-bedroom, 224 two-bedroom, and 24 three-bedroom units. The unit square footage ranges from 789 square feet to 1,201 square feet. Units are arranged in four building types containing from 4 to 18 units per building, arranged in both two and three story structures. Enclosed garages are provided for each unit, and in some cases the garage is accessible directly from the unit. B. Desifin Review Committee: The Design Review Committee (consisting of McNiel, Stewart and Henderson) reviewed the project on June 15, 1999, and recommended approval subject to minor modifications. The Design Review Committee recommendations have been incorporated as conditions of approval. (See Exhibit "G") C. Technical Review/Gradinq Committee: The Technical Review Committee reviewed the project on June 14, 1999. All requirements of the committee are included as conditions of approval. There were no outstanding or extraordinary issues addressed by the committee. J PLANNING COMMISSION STAFF REPORT TT 16000 & DR 99-13 - LEWIS APT. COMM. July 14, 1999 Page 3 The Grading Committee reviewed the project on June 15, 1999, and recommended approval subject to minor modifications. The following Grading Committee Comments have been incorporated as conditions of approval: 1. The concrete drainage behind Building 2/3 shall be moved to one side of the drive aisle, rather than be directed to the middle. 2. Section A-A, along East Elm Street, extend the low retaining wall along the toe of slope to keep irrigation run-off from draining on the walkway. 3. Section B-B, eliminate the curvilinear nature of the on-site walkway which causes the use of retaining walls along the street frontage. D. Environmental Assessment: The Environmental Checklist Form Initial Study Part II has been prepared for the project. In addition a Noise Impact Study and Traffic Signal Warrants Analysis have been prepared. Mitigation is included in the attached resolution for air quality, traffic and noise impacts. 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 the Planning Commission recommend issuance of a Negative Declaration and adopt the resolutions recommending approval of Tentative Tract 16000 and Design Review 99-13 subject to all conditions of approval. Respectfully submitted, Brad Buller City Planner BB:DM\Is Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" - Landscape Plan Exhibit "D" - Grading Plan Exhibit "E' - Elevations Exhibit "F" - Floor Plans Exhibit "G" - Tentative Tract Map Exhibit "H" - Fence and Wall Plan Exhibit "1" - Design Review Committee Minutes Exhibit "J" - Initial Study Part II Resolution Recommending Approval of Tentative Tract 16000 Resolution Recommending Approval of Development Review 99-13 TENTATIVE TRACT 16000 I I ' USE PERMIT NO: __ IN lNl: CITy [IF F~ANCHT] SAN BERNARD|N[], B]rAT[: 0f~I~AL|FORNIA SITE PLAN ~.Ewas ^~'An'r..~'r coM.u~,'r~.s TERRA VISTA APARTMENTS ~:~:.~ RANCHO CUCAMONGA, CALIFORNIA \ COMMUNITY AMENITY LEGE]~p ENTRY ELEVATION : ELEVATION · ' ~ CHURCH PRELIMINARY LANDSCAPE PLAN Lewis Apartment Communities TERRA VISTA APARTMENTS 1156 North Mountain Avenue ~ ~='~'_'~-~ Upland, California 9178~ SITE 'A' - T. T. 16000 · 14~t. RANCHO CUCAMONGA, CALIFORNIA FIREPLACE W/ARBOR {ELEVATION) LEASING OFFICE COURTYARD & SPA AREA W/ [RONT LOADING PLAN SIDE LOADING PLAN VIEW VIEW BB~ NODES .., TMSH ENCLOSU~ ,,, DETAILED ENLARGEMENTS Lewis Apartment CommunitiesTERRA VISTA APARTMENTS {,56 ~o~h Mo..t,i. Upland. California91786SITE 'A' - T. T. 16000 ~J'/-,'/~/7'~'''''~'' 'd-; '""'"°~*°'~" CORNERENLARGEMENT~ CHURCHST.&SPRUCEAVE. MAIN RECREATION AREA ....... ~ ~ .. ] CORNER ENLARGEMENT ~ ELM AVE. & SPRUCE AVE. TYPICAL PARKING LOT SCREENING (SECTION) DETAILED ENLARGEMENTS Lewis Apartment Communities TERRA VISTA APARTMENTS 1156 North Mountain Avenue Upland. California 91786 SITE 'A' - T. T. 16000 TOT LOT TOT LOT ENLARGEMENTS Lewis Apartment Communities TERRA VISTA APARTMENTS 1156 North Mountain Avenue Upland, California 91786 SITE 'A' - T. T. 16000 (909) 985..0971 " TENTATIVE TRACT 16000 ~ iN THE CI~ OF RANCHO CUCAMONGA,  , ,,, COUNTY OF SAN BERNAR01NO, 5TAT[ OF CALIIrORNL~ :'r' .', I FRONT ELEVATION SIDE ELEVATION Elevmtlon Legend: Roof Material: Concrete "S" Tile _ 4:12 Pitch Typical ROOF pLAN (l/t6, e i.,0,,) Wall Material: (Light Sand Finish) ~ ~ 2x 8 Wood Paint Fascia (3 r' ~6 Wood Sections Garage Door Tfim: Stucco Over Foam BUILDING TYPE 1 Accenls: Wrought Iron 4x8 c,.y~,.i,@o.b,~ ELEVATIONS AND ROOF PLAN LEWIS APARTMENT COMMUNITIES TERRA VISTA APARTMENTS RANCHO CUCAMONOA, CALIFORNIA / e. ". ~' 0 0 O ,- REAR ELEVATION FRONT ELEVATION SIDE ELEVATION · ^.~.,~:~.o.~.,,~..~o.,,~. BUILDING TYPE 2 c,.yD~,~G.b,c ELEVATIONS AND ROOF PLAN LEWIS APARTMENT COMMUNITIES TERRA VISTA APARTMENTS RANCHO CUCAMONOA, CALIFORNIA - ~ff/~/~ ~-/~ SIDE ELEVATION · '..-," ",.'-~'., ,,... .,-.,....L,-,BUILDING TYPE 3 "~"*'"" ...." ELEVATIONS AND ROOF PLAN LEw,S.',I',,.T~.,E~TCOMMU.,T,~s TERRA VISTA APARTMENTS RANCHO CUCAMONGA, CALIFORNIA FRON' ELEVATION SIDE ELEVATION [-I "'~'~'.""";~"" BUILDING TYPE 4 ELEVATIONS AND ROOF PLAN ,.'!,,',S,,,'.,.','~,ENTCOM~tUr~,,',EsTERRA VISTA APARTMENTS P, ANCHO CUCAMONGA, CALIFORNIA ~//~ ~- 3 ' RIGHT ELEVATION FRONT ELEVATION REAR ELEVATION I-Elrr ELEVATION ^"""":""""~""""~'~"""""~"' RECREATION BUILDING ELEVATIONS AND ROOF PLAN II!WISAI'ARTMI.~NTCf)MMUNITII-ZS TERRA VISTA APARTMENTS RIGHT E'LEVATION ............................... ~'}ltf~iJq~klt~ ~ ~4~;~ FRONT ELEVATION ~ ....... .':.7 .......".7.,~-'~,-.' 7:-.~ . , - ~ REAR ELEVATION LEFT ELEVATION ,1~]; · ^~,..,,~:~v.,,.~,.,,.,,..,,~,,.,,,,,,k¢.LEASING BUILDING "L~ ~'~' ' ELEVATIONS AND ROOF PLAN ~-. ...... ' ,.E~,~ ~,'~R','~E.'~O~,T,~ TERRA VISTA APARTMENTS RANCHO CUCAMONGA. CALIFORNIA ~~/~ '~- ~' ..... FRONT ELEVATION REAR ELEVATION ""' ~ ...."'"' GARAGE BUILDING ELEVATIONS AND ROOF PLAN TRASH ENCLOSURE ELEVATIONS LE**VIS APARI~IENT CO/~tI~IUNI]'IES TER RA VISTA APARTM E NTS [] Plan f _r'~ ......."- 0 , Plan D hl~ny alve / Plan C FLOOR PLANS A, B, C, AND D LEWIS APARTMENT COMMUNITIES TERRA VISTA APARTMENTS RANCHO CUCAMONG~ CALIFORNIA [] O O I Plan F(2~ft~onl~ FLOOR PLANS E AND F ~ewts~p~g~n.~co~u.a~a~s TERRA VISTA APARTMENTS ~.~.:~.:~ RANCHO CVCAMONG~ CALIFORNIA I I 0 [] 0 SECOND FLOOR FIRST FLOOR BUILDING TYPE 1 - COMPOSITES TERRA VISTA APARTMENTS RANCHO CUCAMONOA, CALIFORNIA THIRD FLOOR FIRST FLOOR sc^t~ ~r = ~'-~ OUIL. p!N~ T~t~_P~.S~UMM~By . BUILDING TYPE 2 SECOND FLOOR -J COMPOSITES LEWIS APARTMENT COMMUN1TIES TERRA VISTA APARTMENTS ~,~..~ RANCHO CUCAMONOA, CALIFORNIA ~ :~ BUILDING TYPE 3 L ..... ' COMPOSITES RANCHO CUCAMONOA, CALIYORNIA SECOND FLOOR ,c^L~ .,-. v~- FIRST FLOOR ~c^L~ ,~-. ,..,- BUILDING TYPE SUMMARY: BUILDING TYPE 4 - COMPOSITES ~-EW,SAP^.TMEnTCO.MUN,.iES TERRA VISTA APARTMENTS RANCHO CUCAMONGA, CALIFORNIA F RECREATION BULIDING FLOOR PLAN t~w,s^,.,,R,.s.,couMuN,,,ss TERRA VISTA APARTMENTS OE~::::~ RANCHO CUCAMONOA, CALIFORNIA 13 D Reccptlon- j LeeslaI LEASING BULIDING FLOOR PLAN LEWSS ^P^RTMENT CO~fMUN~TXEST~RRA VISTA APARTMENTS ~;~..~ /-, '- -. .,.,,~, ~ II LOT 1 FENTATIVE TRACT 16000 --~_~ __ _ f ............... CHURCH 'ST~ET. FENCE & WALL PLAN Lewis Apartment Communities TERRA VISTA APARTMENTS 1156 North Mountain Avenue Upbnd, CaliforniaglTS6 SITE 'A'- T. T. 16000 DESIGN REVIEW COMMENTS 7:00 p.m. Dan Coleman/Debra Meier June 15, 1999 ENVIRONMENTAL ASSESSMENT. TENTATIVE TRACT 16000 AND DESIGN REVIEW 99-13 - LEWIS APARTMENT COMMUNITIES - A proposed Tentative Tract Map consisting of 6 lots for condominium purposes; along with Design Review of 306 apartment units, located within the Terra Vista Planned Community. The site boundary is formed by Spruce Avenue, Church Street, and East Elm Avenue. Existing Terra Vista Community Plan land use designation is High Residential (24-30 dwelling units per acre), proposed development density is within the Medium High Residential density (14-24 dwelling units per acre) - APN: 1077-421-39. Back.qround: Tentative Tract 16000 is located in the southwesterly quadrant of the Terra Vista Planned Community, existing residential and commercial development is predominant throughout much of this quadrant. Immediately north of Tentative Tract16000 is Spruce Avenue Park and existing apartments (Tract 12673); lying southerly of Tentative Tract16000 is a portion of an undeveloped parcel currently zoned High Residential and the Town Center Square; lying easterly of Tentative Tract16000 is an undeveloped parcel designated Medium High Residential; and finally located westerly of Tentative Tract1600 is the existing Terra Vista Business Park. This parcel is designated High Residential (24-30 dwelling units per acre) in the Terra Vista Community Plan. The proposed net density is 19.36 dwelling units per acre, which is in the range of Medium High Residential (18-24 dwelling units per acre). This flexibility is allowed in the Terra Vista Community Plan subject to review and approval of the Planning Commission and the City Council. The standards of the Medium High Residential District will apply to the proposed development. Summary of the proposed Innsbruck Villaqe: The applicant has indicated that I nnsbruck Village has been designed with the following prospective residents in mind: small families with older children, "empty nesters," older singles, and young professionals. The applicant has also indicated that this project is designed for those individuals who are renters by choice. The basic amenities within the project include upgraded wiring for phone/modern/fax usage, both attached and detached garages will be available, clubhouse and outdoor activity centers including an outdoor fireplace, fitness center, pool/spa, and tot lots. Issues for Discussion and Consideration: Perimeter Site Issues 1, Reduce perimeter wall heights to 6-feet maximum, pilasters may remain at 7-feet 8-inches (refer to page 2 of the Development Plan package). 2. Provide a minimum of 5-feet of landscaping between the public sidewalk and the perimeter wrought iron fence, particularly at the comer of East Elm and Spruce Avenues (refer to pages 2 and 2c of the Development Plan package). 3. Gated pedestrian access points have been provided near each of three perimeter intersections for pedestrian access to surrounding parks and schools - Spruce Avenue Park and Ruth Musser Middle School located on Spruce Street northerly of East Elm Avenue; La Mission Park (yet to be developed) is located on Church Street eastedy of Spruce Avenue; and Coyote Canyon School is located on East Elm Avenue easterly of Spruce Avenue. EXHIBIT I DRC COMMENTS TT 16000 & DR 99-13 - LEWIS APARTMENT COMMUNITIES June 15, 1999 Page 2 Consider whether the proposed gated pedestrian entries provided at each intersection provide adequate and convenient access to the perimeter of the project, particularly for school age children. Interior Site Desi.qn Issues 1. The project proposes 306 dwelling units which requires 10 recreational amenities per Development Code Section 17.08.040.H. The plan currently includes the following amenities: Recreation Building (1), pool/spa (1), outdoor entertainment area and media center located at the Leasing Pavilion (1), spa/courtyard (1), three large open lawn areas (3), BBQ Nodes throughout the project (2) = 9 TOTAL amenities. The project currently includes only one tot lot, which does not comply with the requirement for "multiple enclosed tot lots." Therefore, no credit has been counted for this amenity, A project of this size would typically include at least three tot lots. Staff recommends the addition of two tot lots, and consequently an additional point for this amenity can be included to increase the amenity package to 10. 2. Increase driveway width at entry to Leasing Office to 26-feet. The adjoining planter finger must be 6-feet minimum width (outside dimension). 3, Shift location of two trash enclosures to be adjacent to garage buildings (refer to page 1 of the Development Plan package). In addition, the separation between curbs/sidewalks and trash enclosures should be 5~foot minimum to allow for appropriate landscape area. The walkway width between the trash enclosure located near Building 3/3 is not adequate for a 5-foot sidewalk. 4. Whenever planter islands or fingers are used the minimum outside dimension must be 6- feet (refer to page 1 of the Development Plan package). 5. Use decorative PCC in front of garages (refer to page 2 of the Development Plan package). 6. Potential locations for two additional tot lots should be considered (consider one tot lot near north end of Building 2/2, and at the north end between Buildings 3/2 and 2/8, refer to page 2 of the Development package). 7. Consider additional walkways around buildings 2/1 and 2/4 for convenience of residents wanting access to pool/spa/courtyard areas on-site. In addition, consider moving the walkway at the south end of Building 2/3 to access the parking lot (refer to page 2 of the Development Plan package). 8. A 5-foot minimum landscape separation shall be provided between buildings, walkways, garages. and trash enclosures (refer to page 2 and 2c of the Development Plan package). Areas of concern will be highlighted at the Design Review Committee meeting. Architectural Issues 1. Vary the patterns of the garage doors in pairs (refer to the elevations of the various Building Types). DRC COMMENTS T]'16000 & DR 99-13-LEWIS APARTMENT COMMUNITIES June 15, 1999 Page 3 2. Add decorative architectural elements such as cornice details, window sills/trim, etc. 3. A Noise Impact Study, prepared for Tentative Tract16000 by LSA Associates, has identified Mitigation Measures, which are required to mitigate noise generated by traffic on perimeter streets. The applicants will be required to accomplish the following: a. Mechanical ventilation (air conditioning system) is required for apartment units, which would be exposed to potential traffic noise levels between 60 and 65 dBA Ldn. All buildings facing the project perimeter would be subject to this mitigation measure. b. In addition to the mechanical ventilation system, those buildings facing Church Street may be subject to noise levels exceeding 65 dBA Ldn and will be required to include double-panned windows and weatheretdpping seals for additional noise mitigation. c. A 5-foot high sound barrier is recommended for second floor balconies of all apartment units located within the 60 dBA Ldn noise contour. This mitigation measure would apply to second floor balconies of all units facing the perimeter of the project. Discuss with the applicant the vadous options available to accomplish this mitigation measure, including increased wall heights and the use of plexi-glass. Staff Recommendation: Staff recommends approval subject to revised plans returning on Consent Calendar, prior to scheduling for Planning Commission. Desiqn Review Committee Action: Members Present: Larry McNiel, Pam Stewart, Larry Henderson Staff Planner: Debra Meier Committee discussion followed the outline of issues as identified in the staff report, therefore action comments will relate directly to the items listed above. The Committee recommended that the appropriate modifications be made in cooperation with staff and that the project be forwarded to Planning Commission. Perimeter Site Issues 1. VVhere perimeter walls are proposed, the Committee suggested that the applicant increase berming against the wall to limit the exposed wall height to 6 feet. 2. At the corner of East Elm Avenue and Spruce Street, the Committee recommended that staff work with the applicant to maximize the width of landscaping between sidewalk and wall. Verify that the plan reflects the standard sidewalk comer cutoff (as required by Engineering Department) the area of concrete at the corner seems excessive. DRC COMMENTS TT 16000 & DR 99-13 - LEWIS APARTMENT COMMUNITIES June 15, 1999 Page 4 3. The gated pedestrian access points to the perimeter of the project are adequate as proposed by the applicant. Interior Site Desiqn Issues 1. In order to increase the total number of recreational amenities required by the Development Code, the applicant proposed to provide one expanded size tot lot, rather than scattered smaller tot lots. The Committee concurred with the proposal and directed the applicant to work with staff to modify the tot lot area to approximately 40 feet by 60 feet in area (an oval configuration was suggested). This expanded tot lot will result in increasing the amenity count to 10, as required. 2. The driveway width at the entry to the leasing office will be expanded to 26 feet. 3. Two trash enclosures will be shifted to be adjacent to garage buildings as suggested by staff. The applicant agreed to be careful not to create small areas that could not be appropriately landscaped due to inadequate space, retaining wall or building footings interfering with landscaping and similar constraints that occur within very small areas. 4. All landscaped planter islands must be 6 feet outside dimension as required by Development Code standards. 5. The applicant agreed to the use of decorative concrete in front of garage doom. In addition, the Committee recommended that the dimension in front of garage doom must be either less than 8 feet, or greater than 18 feet, to control vehicle parking in front of garage doors unless appropriate space is available. 6. In reference to the tot lot location, refer to item #1 above. 7. Additional walkways will be carried around the ends of Buildings 2/1 and 2/4. 8. As previously noted, the applicant agreed to be careful not to create small areas that could not be appropriately landscaped due to jnadequate space, retaining wall or building footings interfering with landscaping and similar constraints that occur within very small areas. Architectural Issues 1. Garage door patterns must vary in pairs, including color and gird pattern. 2. The Committee found the apartment buildings to be acceptable in style, color, detail, and design. The Committee, however did recommend that the leasing office and recreation building needed additional architectural detailing, and that the two buildings should contain complimentary design elements and features. The applicant was requested to work with staff to provide the revised plans. 3. The applicant will provide a detail of how the use of plexiglass can be incorporated into the design of the balcony wall and railing details in order to comply with mitigation of the Noise Study.  City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND t. Project File: Tentative Tract 16000 and Design Review 99-13 2. Related Files: 3. Description of Project: TENTATIVE TRACT 16000 AND DESIGN REVIEW 99-13 - LEWIS APARTMENT COM MUN ITI ES - A proposed Tentative Tract Map consisting of 6 lots for condominium purposes; along with Design Review of 306 apartment units, located within the Terra Vista Planned Community. The site boundary is formed by Spruce Avenue, Church Street, and East Elm Avenue. Existing Terra Vista Community Plan land use designation is High Residential (24-30 dwelling units per acre), proposed development density is within the Medium High Residential density (14-24 dwelling units per acre) - APN: 1077-421-55 and 60. 4. Project Sponsor's Name and Address: David Lewis, Managing Director Lewis Apartment Communities 1156 North Mountain Avenue Upland CA 91786 5. General Plan Designation: High Residential (24-30 dwelling units per acre) within the Terra Vista Community Plan (TVCP) 6. Zoning: This parcel is designated High Residential (24-30 dwelling units per acre) in the TVCP. The proposed net density is 19.36 dwelling units per acre which is in the range of Medium High Residential (18-24 dwelling units per acre). This flexibility is allowed in the TVCP subject to review and approval of the Planning Commission and the City Council. The standards of the Medium High Residential district will apply to the proposed development. 7. Surrounding Land Uses and Setting: Tentative Tract 16000 is located in the southwesterly quadrant of the Terra Vista Planned Community. Existing residential and commercial development surround much ofthis quadrant. Immediately north of Tentative Tract 16000 is Spruce Avenue Park and existing apartments (Tract 12673); lying southerly of Tentative Tract 16000 is a portion of an undeveloped parcel currently zoned High Residential and the Town Center Square; to the east is an undeveloped parcel designated Medium High Residential; and finally located westerly of Tentative Tract 1600 is the existing Terra Vista Business Park. 8. 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: Dan Coleman, Planning Division (909) 477-2750 Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page ? 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. (x) Land Use and Planning (X) Transportation/Circulation (X) Public Services ( ) Population and Housing ( ) Biologicel Resources (X) Utilities and Service Systems (X) Geological Problems ( ) Energy and Mineral Resources (X) Aesthetics (X) Water ( ) Hazards ( ) Cultural Resources (X) Air Quality (X) Noise (X) Recreation ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (X) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to 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 eadier 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 eadier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signed: /Debra Meier, AICP Contract Planner June 22, 1999 Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 3 EVALUATION OF ENVIRONMENTAL iMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated." and "Less Than Significant Impact" answers, including a discussion of ways to mitigate the significant effects identified. 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ( ) ( ) (x) ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurjsdiction over the project? ( ) ( ) ( ) (x) c) 8e incompatible with existing land use jn the vicinity? ( ) ( ) ( ) (x) d) Oisrupt or divide the physical arrangement of an established community? ( ) ( ) ( ) (x) Comments: a) This parcel is designated High Residential (24-30 dwelling units per acre) in the Terra Vista Community Plan; however, the proposed net density of Tentative Tract 16000 is 19.36 dwelling units per acre, which is jn the range of Medium High Residential (18-24 dwelling units per acre). This type of density adjustment is permitted by the Terra Vista Community Plan subject to review and approval by the Planning Commission and the City Council. As a result, this project will also require action by the City Council, as well as the Planning Commission. 2. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) ( ) ( ) (X) b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) ( ) ( ) (X) c) Displace existing housing, especially affordable housing? ( ) ( ) ( ) (X) Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 4 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ( ) (X) b) Seismic ground shaking? ( ( ) (X) c) Seismic ground failure, including liquefaction? ( ( ) (X) d) Seiche hazards? ( ( ) (X) e) Landslides or mudflows? ( ) ( ) (X) f) Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? ( ) (X) ( ) g) Subsidence of the land? ( ) ( ) (X) ( ) h) Expansive soils? ( ) ( ) ( ) ( ) i) Unique geologic or physical features? ( ) ( ) ( ) (X) Comments: f) The topography of the site will be modified by grading and construction. The impact of grading will have minimal impact on the surrounding area due to the fact that all perimeter streets and infrastructure are already existing. The Tujunga-Delhi association is of relatively loose texture which can result in wind erosion. On-site grading will be performed under the supervision of a licensed civil engineer. The resulting impact will not be significant. g) The General Plan (Figure V-2) indicates that the site located within the Tujunga- Delhi soil association. The TujungaoDelhi association may also have soil bearing capabilities that could limit some development. Structures proposed on this soil type are permitted only after a site specific soils investigation has been performed that indicates that the soils can adequately support the weight of the proposed structure. Standard Conditions of Approval will require a site specific soils report for review by the Building and Safety Division, pdor to the issuance of building permits. The resulting impact will not be significant· · s Is~es aN sup~x~o Info~at~ s~,~es: . M~ 4. WATER. ~// the pmposa/ msu/t in; a) Changes in abso~tion rates, drainage pa~ems, or the rate and amount of su~a~ water runo~ ( ) ( ) (X) ( ) Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 5 b) Exposure of people or pmpe~y to water related h~ards such as flooding? ( ) ( ) ( ) (X) c) Discharge into su~a~ water or other alteration of suffa~ water quali~ (e.g., temperature, dissolved oxygen, or tuffiidi~)? ( ) ( ) ( ) (X) d) Changes in the amount of su~a~ water in any water body? ( ) ( ) ( ) (X) e) Changes in cuffents, or the coume or direrion d water movements? ( ) ( ) ( ) (X) q Change in the quanti~ d ground watem, either through dim~ additions or withdrawals, or through inter~ption of an aquifer by cuts or ex~vations, or through substantial loss of groundwater recharge ~pabili~? ( ) ( ) ( ) (X) g) Altered dim~ion or rote of flow of gmundwate~ ( ) ( ) ( ) (X) h) Impa~s to groundwater quailS? ( ) ( ) ( ) (X) i) Substantial redu~ion in the amount of groundwater othe~ise available for public water supplies? ( ) ( ) ( ) (X) Commen~: a) The abso~tion rate will be altered bemuse of the paving and hard scape proposed. All ranoff will be conveyed to existing drainage facilities which have been designed to handle the flows. ~e impa~ is not considered significant. b) There are no special flood h~ard areas within or near the proje~ site. NO IMPACT. e) The proje~ will not alter the course or direrion of water movement. Su~a~ ranoff cu~ently reaching the site froram off-site areas will be conveyed to existing drainage facilities which have been designed to handle the flows. NO IMPACT. 5. AIR QUALITY. Would the proposal.' a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) ( ) (X) ( ) b) Expose sensitive receptors to pollutants? ( ) ( ) ( ) (X) Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 6 c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) ( ) ( ) (X) d) Create objectionable odors? ( ) ( ) ( ) (X) Comments: a) The short term and long term air quality impacts were addressed in the certified EIR for the Terra Vista Planned Community. Typically, construction of a project of this size will exceed SCAQM D thresholds dudng grading activities for PM~0 and NOx, and may also exceed SCAQM D thresholds for developed condition (operational impacts) for NOx. The proposed project represents only a fraction of the total emissions of NOx in the County, therefore this impact is less than significant. The following mitigation measures will be required to reduce short term construction impacts to a less-than significant level: '1) TheConstructionContractorshallselecttheconstructionequipmentused onsite based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 2) The Construction Contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. 3) TheConstructionContractorshallensurethatconstructiongradingplans include a ststsment that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period should be extended; thereby, decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4) The Construction Contractor shall support and encourage ride-sharing and transit incentives for the construction crew. S) Dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 7 such areas in the later morning and after work is completed for the day, and whenever wind exceeds '15 miles per hour. c) After clearing, grading, earth moving, or excavation is completed; the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. e) Trucks transporting soil, sand, cut or fill materials and/or construction debris to or from the site shall be tarped from the point of origin. 6) The Construction Contractorshall utilize, as much as possible, pre-coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coating applications such as paint brush, hand roller, trowel, spatula, dauber, rag or sponge. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle tdps or traffic congestion? (X) ( ) ( ) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( ) ( (X) c) Inadequate emergency access or access to nearby uses? ( ) ( (X) d) Insufficient parking capacity on-site or off-site? ( ) ( (X) e) Hazards or barders for pedestrians or bicyclists? ( ) ( ) (X) f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) ( ) (X) g) Rail or air traffic impacts? ( ) ( ) (X) Comments: a) The project will generate additional tdps due to the new construction of 306 apartment units. However, the project will not increase vehicle trips or traffic L Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 8 congestion in excess of projections for the adopted land use for which street widths were evaluated at a build-out condition. Traffic impacts were addressed in the certified EIR prepared for the Terra Vista Planned Community. In addition, the project proponent was required to prepare a signal warrant study for the intersection of Church Street and West Elm Avenue. The project proponent will be required to: 1) Pay transportation development fees prior to issuance of building permits, at the rate adopted by the City, as fair contribution for area wide improvements. 2) Construct a traffic signal at the intersection of East Elm and Spruce Avenues. b) The circulation design features conform with City of Rancho Cucamonga Engineering Division Street Design and Intersection Line of Sight policies. NO I M PACT. c) The project has adequate emergency access. NO IMPACT. e) The required street frontage improvements will include sidewalks and/or bike lanes in accordance with the Terra Vista Community Plan. NO IMPACT. f) The required street frontage improvements include a bus turnout. NO IMPACT. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? ( ) ( ) ( ) (X) b) Locally designated species (e.g., hedtage trees, eucalyptus windrew, etc.)? ( ) ( ) ( ) (X) c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? ( ) ( ) ( ) (X) d) Wetland habitat (e.g., marsh, ripadan, and vernal pool)? ( ) ( ) ( ) (X) e) Wildlife dispersal or migration corridors? ( ) ( ) ( ) (X) Comments: The project site was graded as a "super pad" in 1984. No structures, trees, or other significant vegetation remain on the site. Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 9 Impacl Lesl 8. ENERGY AND MINE~L RESOURCES. Would the proposal: a) Confli~ with adopted energy consedation plans? ( ) ( ) (X) b) Use non-renewable msour~s in a wasteful and inefficient manne~ ( ) ( ) (X) c) Result in the loss of availability of a known mineral msour~ that would be of future value to the region and the residents of the State? ( ) ( ) (X) 9. HAZARDS. Would the proposal involve: a) A dsk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? ( ) ( ) ( ) (X) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ( ) ( ) (X) c) The creation of any health hazard or potential health hazard? ( ( ) ( ) (X) d) Exposure of people to existing sources of potential health hazards? ( ( ) ( ) (X) e) Increased fire hazard in areas with flammable brush, grass, or trees? ( ( ) ( ) (X) 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? ( ) ( ) (X) ( ) b) Exposure of people to severe noise levels? ( ) (X) ( ) ( ) Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 10 Comments.'. a) The pdmary existing noise sources in the project area are transportation corridors. Traffic along Church Street, Elm Avenue, and Spruce Avenue is the predominant source contdbuting to the ambient noise level in the area. A Noise Impact Study was performed for the proposed project by LSA Associates dated May 3, 1999. The ambient noise levels range from 57.5 to 63.5 dBA, Leq (A-weighted sound level, Equivalent Continuous Noise Level). Increases in noise levels could result from project related traffic on roads that provide access to the site. Project related long- term vehicular trip increases are anticipated to be moderate. The incremental traffic noise level increases would be less than significant (LSA, May 1999). b) The proposed on-site residential dwellings would be exposed to traffic noise level potential exceeding 60 dBA, Ldn (A-weighted sound level, Day/Night noise level) standard in outdoor activity areas. Mitigation measures will be required. The project proponent will be required to: t ) Provide mechanical ventilation (air conditioning system) for all dwelling units facing the project perimeter streets. 2) Provide building facade upgrades, such as double-paned windows and weatherstripping seals, for all rooms in dwelling units which face Church Street. 3) Provide a 5-foot high sound barrier along the second floor balconies for all dwelling units facing the perimeter streets. With the implementation of the identified mitigation measures, the potential noise impacts would be reduced to below the level of significance (LSA, May 1999). '11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ( ) ( ) (X) b) Police protection? ( ) ( ) ( ) (X) c) Schools? ( ) ( ) (X) ( ) d) Maintenance of public facilities, including roads? ( ) ( ) ( ) (X) e) Other governmental services? ( ) ( ) ( ) (X) Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 11 Comments: c) The project site is within the attendance boundaries of the Etiwanda School District and the Chaffey Joint Union High School District. Both Districts have previously entered into mitigation agreements for the entire Terra Vista Planned Community and have formed a Mello-Roos Community Facilities Distdct (CFD) to fund school facilities. In addition, school impact fees are regulated by the State of California Government Code Section 65995 et seq., wherein the City is prohibited from denying the project based upon the adequacy of school facilities. The project site is within walking distance of the Coyote Canyon Elementary School and the Ruth Musser Middle School. The project proponent will be required to join the Mello-Roos CFD; therefore, the impact would be reduced to below the level of significance. 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) Power or natural gas? ( ) ( ) ( ) (X) b) Communication systems? ( ) ( ) ( ) (X) c) Local or regional water treatment or distribution facilities? ( ) ( ) ( ) (X) d) Sewer or septic tanks? ( ) ( ) ( ) (X) e) Storm water drainage? ( ) ( ) (X) ( ) f) Solid waste disposal? ( ) ( ) ( ) (X) g) Local or regional water supplies? ( ) ( ) ( ) (X) Comments: e) The project will not result in a need for new storm drains or substantial alterations to the master plan storm drainage. NO IMPACT. t 3. AESTHETICS. Would the proposal: a) Affe~ a s~nic vista or scenic highway? ( ) ( ) ( ) (X) b) Have a demonstrable negative aesthetic effe~? ( ) ( ) ( ) (X) c) Create light or glare? ( ) ( ) (X) ( ) Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 1 ? Comments: c) Development of the proposed project will result in additional sources of light and glare in the community. This impact is similar to existing development in the area and would not result in a significant impact. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) ( ) ( ) (X) b) Disturb archaeological resources? ( ) ( ) ( ) (X) c) Affect historical or cultural resources? ( ) ( ) ( ) (X) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ) ( ) ( ) (X) e) Restdct existing religious or sacred uses within the potential impact area? ) ( ) ( ) (X) 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or · regional parks or other recreational facilities? ( ) ( ) (X) ( ) b) Affect existing recreational opportunities? ( ) ( ) ( ) (X) Comments: a) The proposed project will increase the demand for developed parkland in the Terra Vista Community. The project is located immediately south of the Existing Spruce Avenue Park, and in addition, will include conditions of approval for the development of La Mission Park (located eastedy of the project site). These park facilities are intended to serve the needs of residents of the proposed project, as well as the requirement established by the Terra Vista Community Plan. Initial Study for City of Rancho Cucamonga Tentative Tract 16000/Design Review 99-13 Page 13 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 pedods of California history or prehistory? ( ) ( ) ( ) (X) 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 bdef, definitive pedod of time. Long-term impacts will endure well into the future.) ( ) ( ) ( (X) 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.) ( ) ( ) ( ) (X) d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ( ) ( ) ( ) (X) 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 eadier 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 eadier analysis. The following eadier 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 Ddve (check all that apply): (1) General Plan EIR (Certified April 6, 1981) 8G/23/1999 13:49 9099496725 LEWIS OPERATING CORP PAGE 82 Inilial Study for ' ' City of R~ncho Cu~ T~-~-'~ Tmc~ l~Vn Review ~-i3 P.ge 14 {2) Ma~tarEnviro~Asselw~entfo~ffie1989Gef~ralPl~tL~" (SCH ~V880201 ( 5, certified Jmnusry 4, {3) ' Term V~da P~rmed Comm~it~ E|R ' (BCH 181082808. certified Fm~rumy 16, 1983) APPLICANT CERTIRCATION I c~rtify Ihat I am the eppkant fo~ the I~ cleecdoed in thta Inil~l Study. I ackno~ that I have mad this Init~l Sludy end the proposed mlt~ rnea~um~. Fudher. I have reviewed the Ixojed plans Folx~d~ ~ r h~rmby e~me to ~e proposed mtf~e~,,~ me~a4~e~ to m/old the e~ffe~ or mlti the effects t e point where alearty no iOnimam env~r0~tmenml effect~ would LtqNALV~3COMM~NVOO~m6000.tt~d City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quafity Act Section 21091 and 21092 of the Pubtic Resources Code. Project File No.: Tentative Tract 16000 & Design Review 99-13 Public Review Period Closes: July 14, 1999 Project Name: Project Applicant: Lewis Apartment Communities Project Location (also see attached map): Located within the Terra Vista Planned Community. The site boundary is formed by Spruce Avenue, Church Street, and East Elm Avenue. Project Description: A proposed Tentative Tract Map consisting of 6 lots for condominium purposes; along with Design Review of 306 apartment units. Existing Terra Vista Community Plan land use designation is High Residential (24-30 dwelling units per acre), proposed development density is within the Medium High Residential density (14-24 dwelling units per acre) - APN: 1077-421-55 and 60. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: [] The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. [] The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. 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-~847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. Date of Determination Adopted By RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP NO.16000, A RESIDENTIAL SUBDIVISION OF 16 ACRES OF LAND INTO 6 LOTS FOR CONDOMINIUM PURPOSES IN THE HIGH RESIDENTIAL DISTRICT (24-30 DWELLING UNITS PER ACRE), WITH DEVELOPMENT PROPOSED IN THE MEDIUM-HIGH DENSITY (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, BOUNDED BY CHURCH STREET, EAST ELM AVENUE, AND SPRUCE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-55 AND 60. A. Recitals. 1. Lewis Apartment Communities has filed an application forthe approval of Tentative Tract Map No. 16000, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 14th day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission durin9 the above- referenced public hearing on July 14, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property bounded by Church Street, East Elm Avenue, and Spruce Avenue, and is presently a vineyard on-site; all perimeter streets are improved with curb, gutter and pavement. b. The property to the north of the subject site is Spruce Avenue Park and an apartment community (Tract 12673), the property to the south consists of vacant land and Town Center Square, the property to the east is vacant land, and the property to the west is the existin9 Terra Vista Business Park; and c. The project proposes 6 lots for condominium purposes; and d. The project site is subject to noise levels of 65 CNEL along Church Street and can be mitigated to acceptable levels per the Noise Study prepared for the project; and e. The project will generate traffic trips which can be accommodated through public street improvement upgrades as conditioned herein. PLANNING COMMISSION RESOLUTION NO. 'I'I' 16000 - LEWIS APT. COMM. July 14, 1999 Page 2 f. The project is consistent with the General Plan Medium-High density residential land use designation (14-24 dwelling units per acre) with a proposed project density of 19.36 dwelling units per acre. g. The proposed project of 306 multi-family residential dwellings is in accord with the objectives of the Development Code and the purposes of the Medium-High Residential district. In addition, the proposed project is in accord with the objectives of the Terra Vista Community Plan. h. The proposed project conforms to the standards and regulations of the Development Code, as well as the Terra Vista Community Plan, in terms of setbacks, building separation, parking, and the provision of recreational amenities as noted in the staff report, i. The proposed project and the intended use. together with all conditions of approval will not be detrimental to public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, The project proponents are required to complete all missing parkway improvements adjacent to the site, as well as install a traffic signal at the intersection of Elm Avenue and Spruce Avenue. 3. Based upon the substantial evidence presented to this Commission dudng the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Tract is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 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 recommends adoption of a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That 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 theraunder; that 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. PLANNING COMMISSION RESOLUTION NO. TT 16000 - LEWIS APT. COMM. July 14, 1999 Page 3 b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. 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 the 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(c-1-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 recommends that the City Council approve the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. ~ Division 1 ) The six-lot subdivision, Tentative Tract Map No. 16000, and Development Review 99-13 are being processed concurrently by the property owner. The tract map shall be recorded prior to issuance of a building permit. 2) Complete missing street improvements fronting and adjacent to the project site on Spruce Avenue, Church Street, and East Elm Avenue including, but not limited to, sidewalk, driveways, median island landscaping on Church Street, street trees, and streetlights. Protect existing traffic stripping and signage, including R 26(s) "No Stopping any Time" signs on Spruce and Church frontages. 3) Install a traffic signal at Spruce Avenue and Elm Avenue. 4) La Mission Park site improvements shall be installed pdor to issuance of building permits for the 13th apartment building within the project. The park design, including grading, shall be subject to approval by the Parks and Recreation Commission, prior to final map approval. 5) To reflect new or relocated improvements, existing street improvement plan No. 1306, 1342, 1449. and 1522-L shall be revised and/or new plans prepared by a registered civil engineer. Plan check fees will be required. 6) Coordinate with Cucamonga School District on bus stop locations and "Suggested Route to School" maps. Environmental Mitiqation Measures TRANSPORTATION 1) The developer shall pay transportation development fees prior to issuance of building permits, at the rate adopted by the City, as fair contribution for area-wide improvements. PLANNING COMMISSION RESOLUTION NO. TT 16000 - LEWIS APT. COMM. July 14, 1999 Page 4 2) The developer shall construct a traffic signal at the intersection of East Elm and Spruce Avenues. NOISE 1 ) The developer shall provide mechanical ventilation (air conditioning system) for all dwelling units facing the project perimeter streets. 2) The developer shall provide building facade upgrades such as double-paned windows and weatherstripping seals, for all rooms in dwelling units which face Church Street. 3) The developer shall provide a 5-foot high sound barrier along the second floor balconies for all dwelling units facing the perimeter streets. AIR QUALITY 1 ) The Construction Contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 2) The Construction Contractor shall utilize electdc or diesel-powered equipment in lieu of gasoline-powered engines where feasible. 3) The Construction Contractor shall ensure that construction grading plans include astatementthatworkcrewswillshutoffequipmentwhennotinuse. Duringsmog season (May through October), the overall length of the construction pedod should be extended; thereby, decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4) The Construction Contractor shall support and encourage dde-shadng and transit incentives for the construction crew. 5) Dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement dam p enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c) After clearing, grading, earth moving, or excavation is completed; the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. PLANNING COMMISSION RESOLUTION NO. TT 16000 - LEWIS APT. COMM. July 14, 1999 Page 5 d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. e) Trucks transporting soil, sand, cut or fill materials and/or construction debris to or from the site shall be tarped from the point of origin. 6) The Construction Contractor shall utilize, as much as possible, pre-coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coating applications such as paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman A']'I'EST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucarnonga, 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 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract 16000 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management- The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. An MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the odginal authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program Project No. Tentative Tract 16000 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate wdtten approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may adse requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Tentative Tract 16000 (Related file: Development Review 99-13) SUBJECT: 306 Apartment Units APPLICANT: Lewis Apartment Communities LOCATION: NEC Church Avenue and West Elm Street ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477°2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements completion Date 1. The applicant shall agree to defend at his sole expense any action brought 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 attomey'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 ralie,.~e applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of 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 1. Subdivision approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 3 years from the date of approval. Co Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program. and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Terra Vista Community Plan. Project NO, ~'16000 Completion Date 2. Occupancy of the facilities shall not Commence until such time as aii Uniform Building Code and / / State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be ' submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 3. 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. 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for __/.___/ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 5. 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 effect at the time of building permit issuance. D. Environmental 1. 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 the City Planner in the amount of $. 719.00 prior to the issuance of building permits, guarenteeing 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. In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the City Planner pdor to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE W1TH THE FOLLOWING CONDITIONS: E. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. .__/ / 2. Reciprocal access easements shall be provided ensuring access to all parcels by CC&R's or by __/__/ deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 3. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of / / 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. sc -6/~4i99 2 Project NO. TT16000 Completion Date F. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Curb & A.C, Side- Drive Street Street Comm Median Bike Other Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail E. Elm Avenue v' / / e Church Street Spruce Avenue v' / ,/ Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) R26 "No Parkinq Anytime" siqns . 2. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and appruved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: ( 1 ) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. Project No TT16000 Completion Date g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / / installed to Cty Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. /.__./ 3. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / / accordance with the City's street tree program. '' 4. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with / / adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. G. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting __/__/ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. H. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. /.__/ 2. Water and sewer plans shall be designed and constructed to meet the requirements of the / / Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Envjronmental Health Department ofthe County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. I. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covedng the estimated operating costs for all new street fights for the first six months of operation, pdor to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Fire Protection Conditions 1. Fire flow requirement shall be 2500 gallons per minute, PER 91 UFC Appendix Eli-A. 3, (b) (Increase) a.A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel pdor to water plan approval. b. 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. sc - 6z~ 4~99 Project No, 'Fr16000 Completion Date 2. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, and operable prior to delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 3. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2~1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 4. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 5. An automatic fire extinguishing system(s) will be required as noted below: / Other: As per NFPA 13. 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. 6. Sprinkler system monitoring shall be installed and operational immediately upon completion of sprinkler system. 7. A fire alarm system(s) shall be required as noted below: / Per Rancho Cucamonga Fire Protection Distdct Ordinance 15. / California Code Regulations Title 24. 9. Roadways within project shall comply with the Fire Distdct's fire lane standards, as noted: / All roadways per Rancho Cucamonga Fire Protection Distdct Ordinance 22. Access must be provided as per Ordinance 22 or application for alternative method must be submitted. 10. Fire department access shall be amended to facilitate emergency apparatus. 11. Emergency secondary access shall be provided in accordance with Fire Distdct standards. 12. 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. 13. A building directory shall be required, as noted below: v' Lighted directory within 20 feet of main entrance(s). 14. Gated/restdcted entry(s) require installation of a Knox rapid entry key system. Contact the Fire Safety Division for specific details and ordering information. Project No. TT16000 Completion Date 15. $132.00 Fire District be(s), $677.00 Builders fee, 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 submittal of plans. 16 Plans shall be submitted and appreved prior to construction in accordance with 1994 UBC, UFC, / / UPC, UMC, NEC, and RCFD Standards 22 and 15. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW NO. 99-13, IN THE HIGH RESIDENTIAL DISTRICT (24-30 DWELLING UNITS PER ACRE), WITH DEVELOPMENT PROPOSED IN THE MEDIUM-HIGH DENSITY (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, BOUNDED BY CHURCH STREET, EAST ELM AVENUE, AND SPRUCE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-55 AND 60. A. Recitals. 1. Lewis Apartment Communities has filed an application for the approval of Development Review No. 99-13, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on July 14, 1999, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property bounded by Spruce Avenue, Church Street, and East Elm Avenue, and is presently a vineyard. The perimeter streets are improved with curb, gutter, and pavement; and b. The property to the north of the subject site is Spruce Avenue Park and an apartment community (Tract 12673), the property to the south consists of vacant land and Town Center Square, the property to the east is vacant land, and the property to the west is the existing Terra Vista Business Park; and c. The project is located within the High Residential District (24-30 dwelling units per acre); however, the proposed density of 19 dwelling units per acre is within the Medium-High Residential Density (14-24 dwelling units per acre) of the Terra Vista Community Plan. This flexibility is allowed in the Tetra Vista Community Plan subject to review and approval of the Planning Commission and City Council. The standards of the Medium-High District will apply to the proposed development. ~PLANNING COMMISSION RESOLUTION NO. DR 99-13 - LEWIS APT. COMM. July 14, 1999 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 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 recommends adoption of a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That 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; that 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. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. 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 wildlib resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public headng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends that the City Council approve 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. DR 99-13 - LEWIS APT. COMM. July 14, 1999 Page 3 Plannin.q Division 1) All pertinent conditions contained in the Resolution of Approval for Tentative Tract 16000 shall apply. 2) Provide enhanced paving material at the gated entry areas as depicted on the approved conceptual landscape plan. Enhanced paving surfaces shall also be used in the area in front of the gareges, 3) Berm the street scape landscaping along any perimeter wall for a maximum exposed wall height of 6 feet from finished surface along the streetscape. 4) All retaining walls used throughout the project shall be decorative surface to compliment the building design. 5) Provide a reduced set (approximately 11 inches X 17inches) of the entire development plan for Planning Division prior to issuance of building permits. 6) Provide revised Terre Vista Illustrative Master Plan (i.e., full size blueprint) to include the subject project for Planning Division records, prior to plan check to the satisfaction of the City Planner. 7) The garage entrance depths will be dimensioned at either less than 8 feet, or greater than 18 feet. Less than 18 feet requires an automatic door opener. 8) The architectural treatment (pattern and color) of the garage doors shall vary by pairs. 9) Recreational amenities (and the related points given) in accordance with Development Code Section 17.08.040.H are as follows: Recreation Building (1); pool/spa (1); outdoor entertainment area and media center located at the Leasing Pavilion (1); spa/courtyard (1); three large open lawn areas (3); BBQ nodes located throughout the project (2); and a single expanded tot lot with multiple play equipment (approximately 40 feet X 60 feet in area) (1) = 10 TOTAL amenities. 10) Redesign elevations, as necessary, to comply with recommendations of noise study for sound attenuation purposes. Englneerinq Division 1 ) La Mission Park site improvements shall be installed prior to issuance of building permits for the 13th apartment building within the project. The park design, including grading, shall be subject to approval by the Parks and Recreation Commission, pdor to final map approval. PLANNING COMMISSION RESOLUTION NO. DR 99-13 - LEWIS APT. COMM. July 14, 1999 Page 4 Environmental Miti.qation Measures TRANSPORTATION 1) The developer shall pay transportation development fees prior to issuance of building permits, at the rate adopted by the City, as fair contribution for area-wide improvements. 2) The developer shall construct a traffic signal at the intersection of East Elm and Spruce Avenues. NOISE 1) The developer shall provide mechanical ventilation (air conditioning system) for all dwelling units facing the project perimeter streets. 2) The developer shall provide building facade upgrades such as double- paned windows and weatherstripping seals, for all rooms in dwelling units which face Church Street. 3) The developer shall provide a 5-foot high sound barrier along the second floor balconies for all dwelling units facing the perimeter streets. AIR QUALITY 1 ) The Construction Contractor shall select the construction equipment used onsite based on low emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 2) The Construction Contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. 3) The Construction Contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction pedod should be extended; thereby, decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4) The Construction Contractor shall support and encourage ride-sharing and transit incentives for the construction crew. 5) Dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. PLANNING COMMISSION RESOLUTION NO. DR 99-13 - LEWIS APT. COMM. July 14, 1999 Page 5 b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c) After clearing. grading, earth moving, or excavation is completed; the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiledformorethantwodaysshallbecovered, keptmoist, or treated with soil bindere to prevent dust generation. e) Trucks transporting soil, sand, cut or fill materials and/or construction debds to or from the site shall be tarped from the point of origin. 6) The Construction Contractor shall utilize, as much as possible, pre- coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coating applications such as paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Design Review 99-13 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. Th is program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. An MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Ddve Rancho Cucamonga, CA 91730 'Mitigation Monitoring Program Project No. Design Review 99-13 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitodn9 will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may adse requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director pdor to the issuance of building permits. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Development Review 99-13 SUBJECT: 306 Apartments (related file Tentative Tract 16000) APPLICANT: Lewis Apartment Communities LOCATION: NEC Church Street and West Elm 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 completion Date 1. The applicant shall agree to defend at his sole expense any action brought 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, officere, or employees, for any Court costs and attorney's fees which the City, its agents, offcam, 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. 2. A copy of the signed Resolution of Approval or City Planner's letter of 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 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 yeare from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Terra VistaCommunity Plan. SC * 6/14P99 Project No. DR 99-13 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions __/.__/ of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such 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 Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. ' 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / / consistency prior to issuance of any permits (such as grading, tree removal, encroachment, ' building. etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, .~./.~_/ all other applicable C ty Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan. including a photometric diagram, shall be reviewed and approved / / by the City Planner and Police Department (477-2800) pdor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shieldin9 so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required end shall meet City standards. The final design. locations, and / / the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / / located out of public view and adequately screened through the use of a combination of concrete or mason~ walls, berming, and/or landscaping to the satisfaction ofthe City Planner. For single family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, / / including proper illumination. 11. All parkways, open areas, and landscaping shall be permanently maintained by the property __ __/ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved pdor to the issuance of building permits. 12. For multiple family development, laundry facilities shall be provided as required by the / Development Code. -- -- 13. For multiple family development, a minimum of 125 cubic feet of extedor lockable storage space / shall be provided. 14. For residential development, recreation area/facility shall be provided as required by the / Development Code. Project No DR99-13 Completion Date Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent propedies and streets as required by the Planning Division. Such screening shaft be amhitecturelly integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. E. Parking and Vehicular Access (indicate details on building plans) 1. 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. 2. 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). 3. 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. 4. All parking spaces shall be double stdped per City standards and all driveway aisles, entrances, and exits shall be stdped per City standards. 5. All units shall be provided with garage door openere if driveways are less than 18 feet in depth from back of sidewalk. 6. Plans for any secudty gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection Distdct review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate tum-areund space in front of the 9ate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 7. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects or more than 10 units. Minimum spaces equal to five percant of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the firat 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. F. Landscaping 1. 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 pdor to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 50 trees per gross acre, comprised of the following sizes, shall be provided within the project: 5 % - 48-inch box or larger 5 % - 36-inch box or larger, 20 % - 24- inch box or larger, 70 % - 15-gallon, and 0 % - 5 gallon. SC - 6t14/99 3 Project No. DR 99-13 Completion Date 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking / / stalls, sufficient to shade 50% of the parking area at solar noon on August 21. ' 4. 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. -- 5. A~lprivates~~pes~f5feet~rm~reinvertica~heightand~f5:1~rgreatersl~pe~but~essthan2:~ / / 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. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical 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. ft. 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. 7. 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. 8. 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. 9. 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. ~ ' 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. Landscaping and irrigation shall be designed to conserve water through the principles of / / Xedscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. G. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. / / Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division pdor to installation of any signs. 2. Directory monument sign(s) shall be provided for apartment, condominium, or town homes pdor __/ / to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. Project NO. DR 99-13 Completion Date Environmental 1. A final acoustical report shall be submitted for City Planner review and approval prior to the __/___ issuance of building permits. The finat report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. 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 the City Planner in the amount of $719.00 prior to the issuance of building permits, guarantaeing 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. In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. I. Other Agencies 1. Theapp~icantsha~~C~ntacttheU~S~P~sta~Servicet~determinetheappr~priatatypeand~~cati~n __/____ of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Requirements 1. Submit four complete sets of plans including the following: / a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets. detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., 'i-r #, cup #, DR #. etc.) clearly identified on the outside of all plans. sc- e~4r99 5 Project No DR 99-13 Completion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. / 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / Building and Safety Division. K. Site Development 1. Plans shall be submitted for plan check and appmved 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 adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electdc Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances. and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to / existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building Official, after tractJparcel map recordation and / prior to issuance of building permits. 4. 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 or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public / / counter). 6. Submit pool plans to the County of San Bernardino's Environmental Health Services Department / / for approval. L. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the Uniform Building Code for required occupancy separation(s). __/ / 3. Roofing material shall be installed per the manufecturer's "high wind" instructions. / / 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table / 5-A. 5. Provide draft stops in attics in line with common walls. / 6. Roofing materials shall be Class "A." / SC - 6/14/99 6 Project No DR 99-13 Completion Date 7. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 6. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. 9. If the area of habitable space above the first floor exceeds 3,000 square feet, then the construction type shall be V-1 Hour. 10. Walls and floors separating dwelling units in the same building shall be not less than 1-hour fire-resistive construction. 11. Provide smoke and heat venting in accordance with UBC Section 906. 12. Provide method of airborne and impact sound transmission control between dwelling units. 13. Upon tenant improvement plan check submittal, additional requirements may be needed. M. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be praparad 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. 4. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: N. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. 2. Reciprocal access easements shall be provided ensuring access to all parcels by CC&R's or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 3. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. SC_6/14/99 7 Project No DR99-13 Completion Date O. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail E. Elm Avenue / / / e Church Street ,/ ,/ / Spruce Avenue / ,/ ,/ Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item (e) R26 "No Parkin.q Anytime" siqns. 2. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Secudty shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping. marking, traffic signing. street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduitwith pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations appreved by the City Engineer. Notes: ( 1 ) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e.Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with / adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. Project No ,DR gg-13 Completion Date g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. 3.Street trees, a minimum of 15-gallon size or larger, shaft be installed per City Standards in accordance with the City's street tree program. 4. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. P. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. Q. Utilities 1. The developer shall be responsible for the relocation of existing utilities as necessary. 2. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCVVD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. R. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: S. General Fire Protection Conditions 1. Fire flow requirement shall be 2500 gallons per minute Per 91 UFC Appendix Ill-A, 3. (b) (Increase) a.A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. b. 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. SC -6/14/99 g Project No. DR 99-13 ,Completion Date 2. Fire hydrants are required. All required public or on-site fire hydrants sha be installed, flushed .~/~/ and operable prior to delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 3. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, / / if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 4. Prior to the issuance of building permits for combustible construction, evidence shall be / / submitted to the Fire Distdct that an approved temporary water supply for fire protection is available, pending completion of the required fire protection system. 5. Hydrant reflective markers (blue dots) shall be required for alJ hydrants and installed prior to final / / inspection. -- 6. An automatic fire extinguishin9 system(s) will be required as noted below: ,/ Per Rancho Cucamonga Fire Protection District Ordinance 15. / / Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing, spray painting, fiammable liquids storage, high piled stock, etc. Contact the Fire Safety Division to determine if the sprinkler system is adequate for proposed operations. 7. Sprinkler system monitoring shall be installed and operational immediately upon completion of / / sprinkler system. 8. A fire alarm system(s) shall be required as noted below: v' Per Rancho Cucamonga Fire Protection Distdct Ordinance 15. / / California Code Regulations Title 24. / 9. Roadways within project shall comply with the Fire Distdct's fire lane standards, as noted: / ~' All roadways per Rancho Cucamonga Fire Protection Distdct Ordinance 22. / / Access must be provided as per Ordinance 22 or application for alternative method must / be submitted. 10. Emergency secondary access shall be provided in accordance with Fire District standards. / 11. Emergency access, a minimum of 26 feet wide, shall be provided. and maintained free and clear / of obstructions at all times during construction. in accordance with Fire District requirements. 12. All trees and shrubs planted in any median shall be kept tdmmed to a minimum of 14 feet. / 6 inches from the ground up, so as not to impede fire apparatus. 13. A building directory shall be required, as noted below: v' Lighted directory within 20 feet of main entrance(s). sc- r~ 4m 10 Project No. DR99-13 Completion Date 14. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire Safety Division for specific details and ordering information. 15. A tenant use letter shall be submitted prior to final building plan approval. Contact the Fire Safety Division for the proper form letter. 16. $132.00 Fire District fee(s),$677.00 Builders fee, 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 submittal of plans. 17. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, UPC, UMC, NEC, and RCFD Standards 22 and 15. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: T. Security Lighting 1. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 2. Lighting in exterior areas shall be in vandal-resistant fixtures. U. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. 2. One-inchsinglecylinderdeadboltsshafibeinstalledonallentrancedoors. Ifwindowsarewithin 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. V. Security Fencing 1. When utilizing security gates, a Knox box sub-master system secudty device shall be used since fire and law enforcement can access these devices. W. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be litted from frame or track in any manner. X. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. so-e~4m 11 Project No. DR99-13 Completion Date 2. At the entrances of complex. an illuminated map or directory of project shall be erected with / / vandal-resistant cover. The directory shall not contain names of tenants, but only address numbers, street names, and their locations in the complex. North shall be at the top and so indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Division. CITY OF RANCHO CUCAMONGA ' ~ STAFF RF, PORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Thomas Grahn, AICP, Associate Planner SUBJECT: DEVELOPMENT REVIEW 99-12 - JACK IN THE BOX - The development of a fast food restaurant building totaling 2,478 square feet on a 0.75 acre parcel within a proposed shopping center in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard, west of Vineyard Avenue - APN: 207-102-21. Related file: Conditional Use Permit 97-19. PROJECT AND SITE DESCRIPTION: A. Surroundin,q Land Use and Zoninq: North - Vacant, proposed shopping center; Community Commercial Distdct (Subarea 2) of the Foothill Boulevard Specific Plan South- Vacant, proposed shopping center; Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan East Vacant, proposed shopping center; Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan West Vacant, proposed shopping center; Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan B. General Plan Desiqnations: Project Site - Commercial North Commercial South- Commercial East Commercial West Commercial Site Characteristics: The project site consists of a 0.75 acre pad within a 9.82 commercial center approved for development at the northwest comer of Foothill Boulevard and Vineyard Avenue. That project site was approved under Conditional Use Permit 97-19 which proposes the development of a 68,355 square foot supermarket, two satellite buildings totaling 5,000 square feet each, with two drive-thru pads totaling 3,500 square feet and 2,500 square feet. The project site and the surrounding commercial center are currently vacant, and all previously existing buildings located on the project site have been demolished. The commercial center is bounded by Cucamonga Creek to the west, by two apartment buildings on San Bernardino Road to the north, Vineyard Avenue to the east, and FoOthill Boulevard to the south. TT]E;M ~T PLANNING COMMISSION STAFF REPORT DR-99-12 - JACK IN THE BOX July 14, 1999 Page 2 D. Parkinq Calculations: Parking for the entire commercial center was designed according to Section 17.12.040(B)( 1 )(b)( 1 ) of the Development Code which requires 5 parking spaces for each 1,000 square feet of gross leasable floor area. Based upon the project square footage and required parking ratio, the complex was designed to comply with, and far exceed, the required number of parking spaces. In the following table the proposed drive-thru restaurant square footage was included within the total square footage of the shopping center. Number of Number of Type Square Parking Spaces Spaces of Use Footaqe Ratio Required Provided Shopping Center 84,355 1/200 422 473 ANALYSIS: A. General: The proposed project will occupy one of the drive-thru pads approved with the application to develop the 1 O-acre shopping center site at the northwest corner of Foothill Boulevard and Vineyard Avenue (see Exhibit "B"). The drive-thru restaurant pad was designed to reflect the architectural characteristics of the proposed supermarket by utilizing such elements as: a stucco exterior, clay tile roof and exposed rafter tails on the tower elements, river rock veneer stone columns, and wood trellis (see Exhibit "E"). B. Desiqn Review Committee: On June 15, 1999, the Design Review Committee (McNiel, Stewart, Henderson) reviewed the project and recommended approval subject to the following: 1. Extend the use of the river rock veneer to include wainscoting on the boxed out columns on all elevations. 2. Revise the design of the drive-thru aisle screen wall to include a river reck veneer. Provide river rock veneer to the side of the wall subject to public view. The side of the wall adjacent to the drive-thru shall be provided a stucco finish to match the building. The design of the wall shall include a decorative cap. 3. Provide undulated berming to the landscaped area to the west of the restaurant. Grading and project development shall not impact landscaping improvements proposed with the shopping center development. 4. Expand the planter area between the screen wall and the drive-thru aisle, west of the restaurant, to a minimum of 5 feet wide. 5. Provide a stop sign to control the exiting of the drive-thru aisle into the adjacent parking lot drive aisle. 6. Special decorative paving used for the entire pedestrian sidewalk system shall be consistent with the approved Master Plan. This includes both the enhanced paving adjacent to the building and across the drive-thru aisle. PLANNING COMMISSION STAFF REPORT DR-99-12 - JACK IN THE BOX July 14, 1999 Page 3 7. The trash enclosure shall be designed for compatibility with the City Standard Drawing. 8. All signs shall be designed to comply with the center's Uniform Sign Program. C. Environmental Assessment: The project site is part of a larger shopping center complex that was approved for the project site under Conditional Use Permit 97-19. The Mitigated Negative Declaration prepared as part of that approval addressed, analyzed, and mitigated total project site impacts relating to Cultural Resources, Noise, Geotechnical, Traffic, Water, Light and Glare, and Tree Removal. No further environmental review is necessary. RECOMMENDATION: StaffrecommendsapprovalofDevelopmentReview99-12throughadoption of the attached Resolution of Approval with Conditions. City Planner BB:TG:taa Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" - Grading Plan Exhibit "D" - Landscape Plan Exhibit "E" - Elevations and Floor Plan Exhibit "F" - Design Review Committee Comments Resolution of Approval with Conditions e~_ APPLICANT: ~ i SITE DATA: ,,,..,; ~'77 f%~ ............i== =' ' ~ -~-,- --.~ ...... .... I ,I ,1 ,I I Il!l! ! .! II I~1~1 n~,t~ DETAIL "A" ~ 4' RIBB~ AREA 3-FT r t '~ ..... ~ ........... ~ : I ~ SECTION A-A ' ' ' ' SECTION B'B E L E V A T I 0 N ~ ~"¢* EXTERIOR FINISH SCHEDULE SECTION A-A E A S T E L E V A T I O N ,~,,~ .... .., o. ) OVERALL FLOOR PLAN DESIGN REVIEW COMMENTS 7:40 p.m. Tom Grahn June 15, 1999 DEVELOPMENT REVIEW 99-12 - JACK IN THE BOX - The development of a fast food restaurant building totaling 2,478 square feet on a 0.75 acre parcel within a proposed shopping center in the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan, located on the north side of Foothill Boulevard, west of Vineyard Avenue, APN: 207-207-102-21. Related file: Conditional Use Permit 97-19. ' Desiqn Parameters: The propose project will occupy one of the drive-thru pads approved with the application to develop the 10 acre site at the northwest corner of Foothill Boulevard and Vineyard Avenue. The shopping center was approved under Conditional Use Permit 97-19 Ihat created a Master Plan for the development of this site. That Master Plan included a 68,355 square foot supermarket, two satellite buildings totaling 5,000 square feet each, and two drive-/hru pads totaling 2,500 and 3,500 square feet. The Master Plan addressed conceptual building locations, overall circulation, access points, parking layout, and provided conceptual elevations to establish an architectural style, and the form, bulk, and height of certain architectural elements. The master Conditional Use Permit was approved in 1997, and has completed plan checking, but has yet to begin any construction. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project: 1. There are no major design issues as the project was designed to complement the design of the proposed shopping center. Secondary Issues: The Committee will discuss the following secondary design issues: 1. Extend the use of the river rock veneer to include wainscoting on the boxed out columns on all elevations. 2. Revise the design of the drive-thru aisle screen wall to include a river rock veneer. 3. The landscaped area to the west of the restaurant should be revised to include undulated berming. 4. Special decorative paving should be used for the entire pedestrian sidewalk system. consistent with the approved Master Plan. Including both the enhanced paving adjacent to the building and across the drive-thru aisle. Policy Issues: The following lieins are a matler of Planning Commission policy and should be incorporated into the project design without discussion: 1. The trash enclosure shall be designed for compatibility with the City Standard Drawing. 2. All signs shall be designed to comply with the centers Uniform Sign Program. F-,xm , T "f ' DRC COMMENTS DR 99-12-JACK IN THE BOX June 15.1999 Page 2 Staff Recommendation: Staff recommends approval of the project as revised with the above recommendations. pesiqn Review Committee Action: Members Present: Larry McNiel, Pam Stewart. Larry Henderson Staff Planner: Tom Grahn The Committee reviewed the project and recommended approval subject to the following: 1. Extend the use of the river rock veneer to include wainscoting on the boxed out columns on all elevations. 2. Revise the design of the drive-thru aisle screen wall to include a river rock veneer. Provide river rock veneer to the side of the wall subject to public view. The side of the wall adjacent to the drive-thru shall be provided a stucco finish to match the building. The design of the wall shall include a decorative cap. 3, Provide undulated berming to the landscaped area to the west of the restaurant. Grading and project development shall not impact landscaping improvements proposed with the shopping center development. 4. Expand the planter area between the screen wall and the ddve-lhru aisle, west of the restaurant, to a minimum of 5 feet wide. 5. Provide a stop sign to control the exiting of the ddve-thru aisle into the adjacent parking lot drive aisle. 6. Special decorative paving used for the entire pedestrian sidewalk system shall be consistent with the approved Master Plan. This includes both the enhanced paving adjacent to the building and across the ddve-lhru aisle. 7. The trash enclosure shall be designed for compatibility with the City Standard Drawing. 8. All signs shall be designed to comply with the centers Uniform Sign Program. RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 99-12, FOR THE DEVELOPMENT OF A FAST FOOD RESTAURANT BUILDING TOTALING 2,478 SQUARE FEET ON A 0.75 ACRE PARCEL WITHIN A PROPOSED SHOPPING CENTER LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF VINEYARD AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-102-21. A. Recitals. 1. Jack in the Box has filed an application for the approval of Development Review No. 99-12, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of July 1999, the Plannin9 Commission of the City of Rancho Cucamonga conducted a meetin9 on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission dudng the above- referenced meeting on July 14, 1999, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located on the north side of Foothill Boulevard, west of Vineyard Avenue with a street frontage of 163.83 feet alon9 Foothill Boulevard and lot depth of 232.58 feet and is presently vacant; and b. The properties to the north, east, and west of the subject site are currently vacant; however, they are located within a master plan for an approved commercial center, the property to the south is vacant; and c. The application contemplates the development of a 2,478 square foot ddve-thru restaurant on a pad designated for ddve-thru use within an approved shopping center (Conditional Use Permit 97-19). ,3'/5' PLANNING COMMISSION RESOLUTION NO. DR 99-12 - JACK IN THE BOX July 14, 1999 Page 2 d. The design of the proposed project, togetherwith the conditions applicable thereto, meets all applicable provisions of the Development Code, Foothill Boulevard Specific Plan, and drive-thru policies; and e. The project site is located within the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan. 3. Based upon the substantial evidence presented to this Commission dudng the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b, That the proposed use is in accord with the objectives of the Development Code, the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan; and d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. 1 ) Extend the use of the river rock veneer to include wainscoting on the boxed out columns on all elevations. 2) Revise the design of the ddve-thru aisle screen wall to include a river rock veneer. Provide river rock veneer to the side of the wall subject to public view. The side of the wall adjacent to the drive-thru shall be provided a stucco finish to match the building. The design of the wall shall include a decorative cap. 3) Provide undulated berming to the landscaped area to the west of the restaurant. Grading and project development shall not impact landscaping improvements proposed within the shopping center development. 4)Expand the planter area between the screen wall and the drive-thru aisle, west of the restaurant, to a minimum of 5 feet wide. 5) Provide a stop sign to control the exiting of the drive-thru aisle into the adjacent parking lot drive aisle. ,_..?'/ .PLANNING COMMISSION RESOLUTION NO. DR 99-12 - JACK IN THE BOX July 14, 1999 Page 3 6) Special decorative pavin9 used for the entire pedestrian sidewalk system shall be consistent with the approved Master Plan. This includes both the enhanced paving adjacent to the building and across the drive-thru aisle. 7) All conditions of approval for Conditional Use Permit 97-19 shall apply. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Development Review 99-12 SUBJECT: Jack in the Box APPLICANT: LOCATION: North side of Foothill BoulevardI West of Vineyard 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 Completion Date 1. The applicant shall agree to defend at his sole expense any action brought 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, off'~cers, 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. 2. A copy of the signed Resolution of Approval or City Planner's letter of 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 1. Conditional Use Permit. Variance, or DevelopmentJDesign Review approval shall expire if / building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include / site plans. architectural elevations, extedor materials and colors. landscaping, sign program. and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Foothill Boulevard Specific Plan. Project No. DR 99-12 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / / of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such 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 Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. 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 effect at the time of building permit issuance. 7. 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, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/orlandscapingtothesatisfactionoftheCity Planner. For single family residential developments, transformers shall be placed in underground vaults. 10.All building numbera and individual units shall be identified in a clear and concise manner, including proper illumination. 11. Where rock cobble is used, it shall be real river rock, Other stone veneers may be manufactured products. D. Shopping Centera 1. A uniform hardscape and street furniture design to match the shopping center. including seating benches. trash receptacles, free-standing potted plants, bike racks, light bollards. etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. 2. Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner: a. Architecturally integrated into the design of (the shopping center/the project). b. Separate pedestdan access that does not require the opening of the main doors and to include self-closing pedestrian doors. Project No, DR 99-12 Completion Date c. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturafiy 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. 3. Trash collection shall occur between the hours of 9:00 a.m. and 10:00 p.m. only. 4. Graffiti shall be removed within 72 hours. 5. 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. 6. Signs shall be conveniently posted for "no overnight parking" and for "employee parking only." 7. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB dudng the hours of 10 p.m. until 7 a.m. and 65 dB dudng the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the 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. 8. Textured pavement shall be provided across circulation aisle, pedestdan 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. 9. 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 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. SC -6/14/99 3 c Project NO DR 99-12 Completion Date F. Parking and Vehicular Access (indicate details on building plans) 1. 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. 2. 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). 3. Textured pedestdan pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/recreational uses. 4.All parking spaces shall be double striped per City standards and all driveway aisles. entrances, and exits shall be striped per City standards. 5. 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. G. Landscaping 1. 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. 2. A minimum of 30% trees planted within commercial and office projects, shall be specimen size trees - 24-inch box or larger. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. 4. 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. 5. All pdvate slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with apprepdate 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. 6. All pdvate slopes in excess of 5 feet, but less than 8 feet in vertical 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. ofslope area, 1-cJallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition. slope banks in excess of 8 feet in vertical height and 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 pdor to occupancy. 7. 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. SC-6/14/99 4 Project No. DR 99-12 Completion Date 8. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering / sidewalks (with horizontal change), and intensified landscaping, is required along Foothill Boulevard. 9. 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. 10. All walls shall be provided with decorative treatment. ~ ~ / 11. Landscaping and irrigation shall be designed to conserve water through the principles of / Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. / Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this shopping center shall be submitted for City Planner review and / / approval prior to issuance of building permits. I. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location / of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Requirements 1. Submit four complete sets of plans including the following: __1 / a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping. and heating and air conditioning; and g. Planning Division Project Number (i.e., 'I']' #, CUP #, DR #, etc.) cleady identified on the outside of all plans. SC -6/14/99 Project No. DR 99-12 Completion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / / Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. __/ / 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage / / to the City prior to permit issuance. -- ~ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / / Building and Safety Division. K. Site Development 1. 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 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 permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Pdor 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. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building Official, pdor to issuance of building permits. / / 4. 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 or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public counter). L. New Structures 1. Roofing material shall be installed per the manufacturers "high wind" instructions. 2. Plans for food preparation areas shall be approved by County of San Bemardino Environmental Health Services prior to issuance of building permits. 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table 5-A. 4. Provide draft stops in attics in line with common walls. 5. Roofing materials shall be Class "A." 6. Extedor walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 7. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. 8. Provide smoke and heat venting in accordance with UBC Section 906. SC - 6/14~S9 6 Project No. DR99-12 Completion Date 9. Upon tenant improvement plan check submittal, additional requirements may be needed. / / Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City / / Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / / perform such work. ' ' 3. The final grading plans shall be Completed and approved prior to issuance of buildin9 permits. / / 4. A separate grading plan check submittal is required for all new construction projects and for / / existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: N. General Fire Protection Conditions 1. Mello Roos Community Facilities Distdct requirements shall apply to this project. The developer __/ / shall commence, participate in, and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Community Facilities District (CFD) forthe Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The CFD shall be formed by the Distdct and the developer by the time recordation of the final map occurs. 2. Fire flow requirement shall be 2000 gallons per minute. / a. A fire flow shall be conducted by the builder/developer and witnessed by fire department __ __/ personnel prior to water plan approval. b. 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. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, __ __/ and operable prior to delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 4. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, __ __/__ if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 5. Hydrant reflective markere (blue dots) shall be required for all hydrants and installed prior to final __ __/ inspection. Project No DR 99-12 ~;ompletion Date 6. An automatic fire extinguishing system(s) will be required as noted below: / Per Rancho Cucamonga Fire Protection District Ordinance 15. / / Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufactur ng, 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. 7. Sprinkler system monitoring shall be installed and operational immediately upon completion of / / sprinkler system. ~ 8. A fire alarm system(s) shall be required as noted below: v' Per Rancho Cucamonga Fire Protection District Ordinance 15. /.__/ ,/ California Code Regulations Title 24. / 9. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall / be submitted pdor to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 10. $132.00 and $ 677.00 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 Distdct 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 submittal of plans. 11. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, / UPC, UMC, NEC, and RCFD Standards 22 and 15. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sundse and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in extedor areas shall be in vandal-resistant fixtures. P. Security Hardware 1.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. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. Project No. DR 99-12 Completion Date 3. All roof openings giving access to the building shall be secured with either iron bars, metal gates, or alarmed. Windows 1. Store front windows shall be visible to passing pedestrians and traffic. R. Building Numbering 1.Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be a minimum of three feet in length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. S, Alarm Systems 1. 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. CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: July 14, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: USE DETERMINATION 99-02 - RAY'S BAIL BONDS - A request to determine that a bail bond business is similar to Clerical and Professional Services, which is a permitted use within the General Commercial District of the Development Code. BACKGROUND: InAPri11999, staffreceived afive-page petition, containing overa100signatures, from residents around the Arrow Plaza Mall, at the southeast corner of Arrow Route and Archibald Avenue, objecting to a proposed bail bond business (Exhibit "B"). Staff was not aware of the proposed business at that time because the City had not received a business license request; therefore, staff contacted the property owner, Krikor Dersarkisisan, informed him that a bail bond business is not listed as a permitted use in his shopping center, and advised him that a Use Determination would be required if the use was pursued for his center. On May 27, 1999, the applicant submitted such a request. Exhibit "A" is a detailed description of the bail bond business. ANALYSIS: A. Current Codes: The Development Code, Foothill and Etiwanda Specific Plans, and Term Vista and Victoda Community Plans do not list bail bond at all. In 1993, the Planning Commission determined that a bail bond business is under the category of Personal Services in the Industrial Area Specific Plan (IASP). Exhibit "C" shows the Land Use matrix of the Industrial Area Specific Plan and a map that shows the subareas that will allow bail bond business. B. Description of Proposed Bail Bond Busines.~' According to the applicant, they provide surety bail bonds for their clients that are in need of release from jail custody. The spectrum of customers coming to their office are generally relatives or fdends of their clients trying to secure the surety bail bonds for their release from jail. They also provide Notary Public service for the general public. The daily operations include contract negotiations, delivery of bonds to courts and jails, case studies and investigations at courts, motion preparation and delivery, and general office paperwork and filing. The proposed hours of operation are between 8 a.m. and 12 midnight. They will have three employees and anticipate a maximum of 30 clients per day. C. Description of Clerical and Professional Services: The Development Code does not have a definition on Cledcal and Professional Service. Staff interpreted that this use applies to general cledcal services such as temp services, and professional services such as attorneys, accountants, architects, engineers, interior designers, advertising, and similar professionals. The use category of Cledcal and Professional Services is permitted in the Office Professional, Neighborhood Commercial, and General Commercial zones. ITEM K "PLANNING COMMISSION STAFF REPORT UD 99-02 - RAY'S BAIL BONDS July 14, 1999 Page 2 D. Is Bail Bond Business Similar to Clerical and Professional Services?: Based on comparing the description of a bail bond business and the types of businesses under the use category of Clerical and Professional Services, staff believes that many of the business functions such as preparing paperwork for contracts, filing, performing case studies and investigations at courts are similar to the functions of an attorney and accountant offices, etc. A difference between the two uses is that the clerical or professional services would mostly likely be closed by 6 p.m. versus 12 midnight or later for bail bond businesses. E. Options for Commission to Consider: 1. Determine that bail bond businesses are not similar to Cledcal and Professional Services and direct the applicant to add "Bail Bond" as a conditionally permitted use in the General Commercial Zone through a Development Code Amendment. Staff Comment: Amending the Development Code to conditionally allow this type of business in the General Commercial zone would afford the City an opportunity to ensure compatibility of use to surrounding neighborhoods and encourage public participation. Only the Planning Commission or City Council can initiate such an amendment upon receipt of an application. 2. Determine bail bond businesses to be within Cledcal and Professional Services. If the Commission selects this option, a Resolution of Approval is provided for your Convenience, Staff Comment: This determination would expand the areas for bail bond businesses from Industrial to Commercial and Office Zones. The question is whether bail bond businesses will be a compatible use in a neighborhood shopping center. CORRESPONDENCE: This item is not a public headng and notices are not required by law. However, staff has mailed notices to all property owners within a 300-foot radius of the project site and the tenants within the shopping center, as a courtesy. RECOMMENDATION: Staff recommends that the Commission initiate an amendment to the Development Code to add Bail Bond as a conditionally permitted use in the General Commercial Zone upon receipt of an application. City Planner BB:NF:mlg Attachments: Exhibit "A" - Applicent's Letter Exhibit "B" - Petition Letters Exhibit "C" - Industrial Area Specific Plan Land Use Matdx and Map Exhibit "D" - Office Professional, Neighborhood, & General Commercial Zones Resolution Approving Use Determination Comn~unity Development Depatlment UNIFORM ~o5oo civic Center Drive A PPLICA TION Rancho Cucamonga, CA 91730 (9O9) 4ZZ-2Z50 Part 1 Name of Proposed Project Ra ' ;~(staffuse only) '." y s Bail Bonds .RLENO.: .... ~'," 9755 Arrow Route, Suite E CA, 917]0 RELATEDRLES: "' Legal Descnpt#on Of Plolect (Asse=sors Parcel NO.) Appl~canl*~ Name / ~ ~T),/Tt'~T: Phone Number .' ( 909 ) 944-4855 5963 LaPlace Court, Suite 200, Carlsbad, CA 92008 ~ 7 Legal Owner~ Name Of dtffefen~ f/am above) Phone Number; Quality Develcment Ccepany (818)705--4487 Addfe~,s 9755 "A" Arro~ Boute~ Sancho Cucamonga~ CA 91730 Type of Review Requested (Please Check All Applicable rj CommunilyPlan Amendment Q Hillside Development >4 DU O Tentative Parcol Map CJ Cond~lional Use Permit Q H#~side Development ~ 4 DU CJ Tentative Tract Map Cond~lional Use Perm~l (J Landmark Alteration Permit ~ Use Delermination (Non.Construct#on) ~ Lot bne Adjustment rj Vacal~on of Pubbc R~ghl-of-Way or Dev/Design Review. Comm/Indus [J Minor Development Reviow Easement ~J Day/Design Review o Residential ~J Minor Exception Q Va~anco ~J Development Agroomonl ~J Pro-Applicat#on Review CI Other. rj Dovoloprnont Dislnct Amendment rJ probrninat7 Review rj Entorfa#nmenl Permit rJ 5poc~fic Ran Amendment LI General Plan Amendment DelalledDescrlPil°n°fProP°sedPraJecE(Ar~achAddlrl°nalShee~sffNecessarY) LiCenSed and bonded Bail Agents all holding Notary Public ~m~s~ions providing surety bail bonds for clients in n~ of release from jail custody (said bonds ~mrenteeing the clients' full appearances in court, until cases resolved), primarily servicing the West Valley Detention Center at 9500 Etiwanda Avenue, about 4 miles east of proposed office location, but not limited to nationwide service. Client base supported by extensive yellow page advertisement and referrals. Also providing Notry Public service for the general public in need of notarial acts. Daily operations include contract negotiating,delivering bonds to courts I certify that l am presently the legal owner of the above-described property. Further. l acknowledge the filing el lhis application and certify tidal all of the abe ve information is Irue and correct. (If the undersigned is different from the legal property owner. a letter of authorization must accompany tl~is form.) ' EXHIBIT "A" p... , ,,,.R...,p,.o. 'UD99-02 cx) ( cont. ) and jails, case studies and investigations at courts, motion preparation and delivery, general office paperwork and filing. Rancho Cucamonga General Commercail District classification; Clerical and professior~ offices '~Ve the nnderslgned, hereby petition the City. of R~ncho Cueamonga, in the County or San Bernardino, State of California Rt-~arding the followintO: We request that the city revoke any business license that snay be grailted to the owuers/agenls of the proposed Bail Bonds Office at the Arrow Plaza ,'Mall at 9755 Arrow Route. Suite E. Rancho Cucamon_oa. California. 9173~, The above. mentioned Ihdl Bondv Office is in direct proximity to Cncamonga Elementary School, Rancho Cucamonga Senior Center (with the numerous youth & senior services as well as a church that meets there,) the missionary bible camp, and an after school youth progrant at the Uphmd Assistance !.eagne. !t is our concern that the clientele of the Bail !~mds Office listed above, and it's clientele would be a danger to the young people in these schools, churches, and other programs, as well as the surrounding residential community. With this concern in mind, we the people of the surrounding residential eommnnity and the business owners of the area request that a business license be revoked, and at least a public hearing be granted on the re issuance of said license, where the members of this community help to decide if this Bail Bands Office is righi for their neighborhood. Witness Our lland: i .! I ............. l ................. ! ............. ~ ............................ EXHIBIT "B" a E O E I V E D UD 99-02 ,pn 2- o We the under~igned, hereby petition the City of Rancho Cucamnnga, in the County of San Bernardinn, State of California Regarding the following: We request that the city revoke any business license that may be granted to the owuen/agcnts of the proposed Bail Bonds Office at the Arrow Plaza Mall at ' 9755 Arrow Route. Suite E. Rancho Curnmon_pa. California. 9|730. The above mentioned Ball !~jnd~ Office is in direct proximity to Cucamonga Elementary School, Rancho Cucamonga Senior Center (with the numerous youth & senior services as well as a church that meets there,) the missionary bible camp, and an after school youth program at the Upland Assistance League. it is our concern that the clientele of the Bail Bonds Office listed above, and it*s clientele would be a danger to the young people in these schools, churches, and other programs, as well as the surrounding residential community. With this concern in mind, we the people of the surrounding residential community and the business ownen of the area request that a business license be revoked, and at least a public hearing be granted on the re issuance of laid license, where the mereben of this community help to decide if this Bail Bands Office is right for their neighborhood. Witness Our Hand: I + I.. ~,,~.,~ C2 ,~..,.,rZZ,/~ ,L,,r, q~ q ~l~,~ ~f"Z-,,~(~ t~, .... Wc the undersigned, hereby petition the City of Rancho Cucamonga, in the County of San Bcrnardino, State of Califon~ia Regarding the following; Wc request that the city revoke any business license that may be granted to the owuers/agenta of the proposed Bail Bonds Office at the Arrow Plaza ,'~lall at 9755 Arrow Route. Shire E. Rancho Cucamon~a. California. 9173Q. The above mentioned flail IlontZs Office is in direct proximity to Cucamonga Elementary School, Rancho Cucamonga Senior Center (with the numerous youth & senior services as well as a church that meets there,) the missionary bible camp, and an after school youth program at the Upland Assistance !,eague. it is our concern that the clientHe of the Bail Bonds Office listed above, and it's clientele would be a danger to the young people in these schools, churches, and other programs, as well as the surrounding residential community. With thL~ concern in mind, we the people of the surrounding residential community and the business owners of the area requut that a busineas license be revoked, and at least a public beatring be granted on the re issuance of sald license, where the members of this community help to decide if this Bail Bonds Office is right for their neighborhood. Witness Our Hand: RECEIVED City o! Ra. ncho Cucamon~a p~anning Divii~on We the undersigned, hereby petition the City of Rancho Cucamonga, in Ihe County of San Bernardino, State of California Regarding the following: We request that the city revoke any business license that may be granled to the owners/ageuts of the proposed BailBonds Office at the Arrow Plaza Mall at 9755 Arrow Route. Suite E. Rancho Cucamonpa. California, 91730. The above mentioned Bail Bonds Office is in direct proximity to Cucamonga Elementary School,. Rancho Cucamonga Senior Center (with the numerous youth & senior services as well as a church that meets there,) the missionary bible camp, and an after school youth program at the Upland Assistance League. It is our concent that the clientele of the I~all Boeuls Office listed above, and it's clientele would be a danger to the young people in these schools, churches, and other programs, as well as the surrounding residential community. With this concent in mind, we the people of the surrounding residential community and the bttsiaess owners of the area request that a business license be revoked, and at least a public hearing be granted on the re issuance of said license, where the members of this collldtT help to decide if this Bail Bonds Offace is fight for their neighborhood. Witness Our iland: Name Printed Name S'~ned ~_d;,~pTr.~,.f S + ~ ,'72~ -,q,q ~" /~//,f. d'~,t,S;/.../-.i </,'~.,~,,n,.,,L /.~,,, ("'.,,c4 C~,~Cy.~c.~t,~ ~/7<'~.'X ~,~.. r~(.~,f ~2~r~r~ [~ur ( t/crx c'71'~,~ / R E C*E'I'V E D APR ~. 6 1999 //~/'~)~ City o! Rancho Cucamonga pza/u"~ I::)Nis~n We the undersigued, hereby petition the Gty ofgancho Cucamonga, in the County of San BePaardino, State of California Regarding the following: We request that the city revoke any business license that may be granted to the owners/agents of the proposed Ball Bonds Office at the Arrow Plaza Mall at 9755 Arrow Route. Suite E. Raneho Curamon~n. California. 91730. The above mentioned !~aiI I~jn~ Office is in direct proximity to Cucnmonga Elementary School, Rancho Cucnmonga Senior Center (with the numernus youth & senior services as well as a church that meets there,) the missionary bible camp, and an after school youth program at the Upland Assistance League. It is our concern that the clientele of the Bail llonds Office listed above, and it's clientele would be a danger to the young people in these schools, churches, and other progrnms, as well as the surrounding residential community. With this concern in mind, we the people of the surrounding residential community and the business owners of the area request that a business license be revoked, and at least a public hearing be granted on the re issuance of said license, where the members of this community help to decide if this Bail Bonds Of Jl~ce is right ~borhood. Witness Our Hand: /Y/.,,.., '~r: }n~t.'O t'~,v'l::~'. e.e.. ,C.41 .ff/Z3d RECEIVED APR '2 6 1999 //~9 City of Rancho Cucamonga Ranning Division Industrial Area Specific Plan Part ~': TABLE II1-1 ( LAND USE IP GI El .~-IGIGI IP IP GI' VII/HIGI GI iPrbl GI HI IP IP MUIOS USE TYPES su~Rs~s CC,M~Ir-RC|AL ~nimalCam C C C C C ~momot~e F~t Storage I C I J C I J C C P C C p ~omot~e~ight Tm~ Repair - Minor p p p p ~utomotive~m~ Repair- Major J P I C J P I I P P J C I C I C Bui~ing Contra~o~. ~. & Ya~s p P P BuildingC°ntm~ofsStomgeYaffi I IIllll ,.,a.g M.i.t..... s.~. I Building & Light Equiprant Suppl~s & Sa~s ,..~... S.npo, S..~. p- p I C I P I P co~...i.t,o. ~.~. p I p I p I P I P I P I p I P I P I pPp p ( Ente"ainmnt C ClClI C h"FO~S"~. C'lll iCl IClClCl C C II IC Finan=a,. Insu=n~ aRea, Es,t, Se,i~s P I P I I P I P I I P I P IF I C C J C I I" P O ~&~-~g.s-,- c-lcl Iclcl Iclclcl c "e.~ Equipment SalS &Rentals I C I C I C C CM~ume~ Cam~i~L __ P P ,..i, s.~i.. I p I p I c I p I. . P p . I p I p I c I IRes~umn~ PIPIll P P P PIll IP Res~umn~ ~h Bar or Ente~inment clclll cc ccl lll Wamhous~S~ Retail Mer~andisinq NO~S: iP - Indust~al Pa~ P - Pe~ U~ HO - Haven Avenue ~eday D~tdd C - Cond~ional~ Pe~t~ U~ GI - ~neml Indus~al D - NomMa~ u~s not H~ t;~l~ Mi~l - Minimum Impa~ea~ Industrial A - Mu~ Ente~inmnt Zoning Pe~ R~ui~ . HI - Hea~ Indust~l - Refer to Haven Avenue ~e~y D~td~ for addi ' ( MU/OS - M~ed Us~n S~ FOOTHILL / Figure III- 1 SUBAREAS HAVEN OVERLAY DISTRICT ~INDUSTRIAL PARK GENERAL INDUSTRIAL ~MINIMUM IMPACT HEAVY INDUSTRIAL MIXED USE ' RANCHO CUCAMONGA - -- · J I INDUSTRIAL AREA PLAN 9/07/88 ~ II1- 6 10/03/g0 6117/97 /JP q'r; o 2, :.-,,, LEGEND RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING USE DETERMINATION 99-02, DETERMINING THAT BAIL BOND BUSINESSES ARE SIMILAR TO CLERICAL AND PROFESSIONAL SERVICES AND ARE PERMI'I'I'ED IN THE APPLICABLE COMMERCIAL DISTRICTS WITHIN THE DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Ray's Bail Bonds has filed an application for the approval of Use Determination 99-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on July 14, 1999, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The use in question is of a similar nature, operation, and intensity as those businesses such as accountants, attorneys, architects, and similar professionals classified under Clerical and Professional Services. b. The use in question meets the purpose and the intent of the district in which it is proposed. c. The use in question meets and conforms to the applicable goals and objectives of the General plan. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby approves Use Determination 99-02. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ~'PLANNING COMMISSION RESOLUTION NO. UD 99-02 - RAY'S BAIL BONDS July 14, 1999 Page 2 BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: