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HomeMy WebLinkAbout1997/07/16 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO 'CUCAMONGA w ' i REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. July 16, 1997 .Civic Center C'..'ouncil Cb.. :_sinbets 10500". Civi.o Cen!~r Drive :Rancho Cuc~ga,.CA 91730 ,Ci~ Cou,,cil ~.'.mmbers D'~n~ :W'. /dhams~.M..~r .Pro Tern ha!'. B~ane, Cat' 'nailmember J~k L~ Ci~:M~er l~es L. M~::Ci-~ Attorney Ci~ Offi~: 477-27~ City Council Agenda July 16, 1997 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday of the week prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALLTO ORDER Alexander , Biane , Curatalo Gutierrez , and Williams , . B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation commending Katherine A. Sorensen, Recreation Superintendent, for 10 years of dedicated service to the community. Presentation of"Portofino Window" by Jim Maestd from the Senior Citizens Fine Art Show. Presentation from Active Ride Shop from Project Skate Park ~2. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Warrants, Register Nos. 6/25/97 (96/97), 7/2/97 (96/97), and 7/2/97 (97/98) and Payroll ending 6/12/97 for the total amount of $5,743,282.10. . Approval to receive and file current Investment Schedule as of June 30, 1997. , Approval to transfer City vehicles to the County of San Bernardino for police services. . Approval of Agreement (CO 97-032) and Resolution for membership in the California Cities Home Ownership Authodty-a Joint Powers Authority. 12 17 18 City Council Agenda July 16, 1997 RESOLUTION NO. 97-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CALIFORNIA CITIES HOME OWNERSHIP AUTHORITY, A JOINT POWERS AUTHORITY o Approval of a Public Convenience or Necessity 97-02 - Ghayour. A request to make a determinal~on of Public Convenience or Necessity (PCN) for the issuance of an Alcohol Beverage Control License (Off- Sale General) for a liquor store, located at the northeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-101-23. RESOLUTION NO. 97-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE FOR A LIQUOR STORE LOCATED AT 8045 VINEYARD AVENUE, SUITE I-8, AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE - APN: 208-101-23 6. Approval of a Resolution opposing the "Stacked Deck Initiative." RESOLUTION NO. 97-095 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN OPPOSITION TO THE "STACKED DECK" INITIATIVE 7~ Approval of a Summa~/Vaca~on of a portion of previously dedicated right-of-way for Church Street, located at the southeast corner of Church Street and East Elm Avenue (V-148) RESOLUTION NO. 97-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF PREVIOUSLY DEDICATED RIGHT- OF-WAY FOR CHURCH STREET, LOCATED AT THE SOUTHEAST CORNER OF CHURCH STREET AND EAST ELM AVENUE 2O 21 26 28 3O 31 33 City Council Agenda July 16, 1997 o . 11. 12. Approval to execute a contract (CO 97-033) with Telecommunications Management Corporation, Inc., for a cable television audit. Approval of DARE Memorandum of Understanding (CO 97-034). Approval of Joint Use Agreement (CO 97-035) for Gymnasium Facilities at Rancho Cucamonga Middle School. Approval to accept the Haven Avenue Storm Drain and Street Improvements, from just south of Church Street to just north of Base Line Road, Contract No. 96-027, as complete, release the bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $2,789,889.80. RESOLUTION NO. 97-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONTRACT NO. CO 96-027, HAVEN AVENUE STORM DRAIN AND STREET IMPROVEMENTS, FROM JUST SOUTH OF CHURCH STREET TO JUST NORTH OF BASE LINE ROAD, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval of Improvements, release the Faithful Performance Bonds, accept a Maintenance Bond and file a Notice of Completion for Tract 14139, located on the southeast corner of 25th Street and Eftwanda Avenue. RESOLUTION NO. 97-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR TRACT 14139, LOCATED ON THE SOUTHEAST CORNER OF 25TH STREET AND ETIWANDA AVENUE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 36 41 43 44-1 45 47 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. APPROVAL OF AGREEMENT (CO 97-031) FOR G. C. SERVICES TO RECOVER CRIMINAL JUSTICE ADMINISTRATIVE FEES (BOOKING FEES) FROM CONVICTED ARRESTEES City Council Agenda July 15, 1997 ORDINANCE NO. 581 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS 49 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. , . CONSIDERATION OF AN APPEAL FOR ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-27 - TEXACO REFINING AND MARKETING. INC. -An appeal of a Planning Commission decision to limit the hours of operation from 6:00 a.m. to 10:00 p.m. for the development of a service station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land, and a master plan of the surrounding 1.9 acres of land, in the Office Park District of the Terra Vista Community Plan, located at the southwest corner of Milliken Avenue and Base Line Road - APN: 1077-672-37. RESOLUTION NO. 97-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO LIMIT THE HOURS OF OPERATION FROM 6:00 A.M. TO 10:00 P.M. FOR THE DEVELOPMENT OF A SERVICE STATION, DRIVE-THRU FAST FOOD RESTAURANT AND CANOPY TOTALING 7,672 SQUARE FEET ON 1.1 ACRES OF LAND, AND A MASTER PLAN OF THE SURROUNDING 1.9 ACRES OF LAND, IN THE OFFICE PARK DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND BASE LINE ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-672-37 SIGN ORDINANCE AMENDMENT 97-02 - CITY OF RANCHO CUCAMONGA - A request to amend the Sign Ordinance within the Rancho Cucamonga Municipal Code to add Auto Centers as a class of signs within Section 14.20.100 Signs - Commercial and Office Zones and Section 14.20.110 Signs- Industrial Zones. 51 132 135 City Council Agenda July 16, 1997 . ORDINANCE NO. 582 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97-02, AMENDING TITLE 14 OF THE MUNICIPAL CODE TO ADD REGIONAL AUTOMOBILE SALES AS A CLASS OF SIGNS WITHIN SECTIONS 14.20.100 SIGNS - COMMERCIAL AND OFFICE ZONES AND SECTION 14.20.110 SIGNS -INDUSTRIAL ZONES ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 97-02 - CITY OF RANCHO CUCAMONGA - Consideration of an application to change the use provisions of Subarea 16 of the Industrial Area Specific Plan to allow the development of 15 acres of neighborhood commercial uses, subject to conditional use permit authorization, located at the southwest corner of Sixth Street and Archibald Avenue, and to update Subarea 16 standards to reflect previously adopted use provisions. An Environmental Impact Report that assesses the impacts of this proposal has been certified. APN: 210-062-08 ORDINANCE NO. 583 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-02, TO AMEND THE DEVELOPMENT STANDARDS OF SUBAREA 16, INDUSTRIAL AREA SPECIFIC PLAN TO PROVIDE FOR DEVELOPMENT OF FIFTEEN ACRES OF NEIGHBORHOOD COMMERCIAL USES, SUBJECT TO CONDITIONAL USE PERMIT AUTHORIZATION, LOCATED AT THE SOUTHWEST CORNER OF SIXTH STREET AND ARCHIBALD AVENUE, AND TO UPDATE SUBAREA 16 STANDARDS TO REFLECT PREVIOUSLY ADOPTED USE PROVISIONS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-062-08 142 145 159 City Council Agenda July 15, 1997 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. CONSIDERATION OF AN ORDINANCE AMENDING SUBSECTION 5.08.100 I AND SECTION 5.08.120 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BINGO ORDINANCE NO. 90-A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING SUBSECTION 5.08.100 I AND SECTION 5.08.120 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BINGO 162 163 H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. PARK AND RECREATION FACILITIES UPDATES a. PARKS & FACILITIES 1) Lions East 2) Lions West 3) R.C. Family Sports Center 4) Spruce Avenue Skate Park (see attachment ~C" for action to be taken) 5) Don Tiburcio Tapia Park 6) Epicenter So COMMUNITY SERVICES UPDATE 1) Vietnam Memorial 2) I Love R.C. 3) Senior Transportation 4) Lions East- Programming Go AUTHORIZATION TO PROCEED WITH PURKISS-ROSE- RSI TO COMPLETE FINAL DESIGN DRAWINGS FOR SPRUCE AVENUE SKATE PARK. 164 166 169 City Council Agenda July 16, 1997 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO RECESS TO EXECUTIVE SESSION TO DISCUSS: A) LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. B) PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED IN THE VICINITY OF FOOTHILL AND THE 1-15 FREEWAY; RICK GOMEZ, COMMUNITY DEVELOPMENT DIRECTOR, NEGOTIATING PARTY; REGARDING PRICE AND TERMS OF PAYMENT. EXECUTIVE SESSION TO ADJOURN TO THURSDAY, JULY 31, 1997, 5:30 P.M. FOR A BUDGET STUDY SESSION, LOCATED AT 10500 CIVIC CENTER DRIVE, IN THE TRI-COMMUNITIES CONFERENCE ROOM. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on July 10, 1997, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Ddve. · I · · I · I I · · · · · I · · · I · I I · · l · · I I · IKI I · I · · · · I I · · · · · Iol IZ! IqCl I(I · · ! · · I I I I I ' · · · ~ . I ! · I · · I ! ! I · · · I ' · I · IOi I~)! t~u I · · · · I · I I I · jI I · 4 · i · I · · · · . · ! I j ~ I · z ILl · ! · · · · · · ! · · · · · · · · · · · · · · · · · · · · · · · · · · I · · · · ! · ! I · · o · · ! I~.)! I)-~1 · · I · · G II 1 · ! 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I copy of the investment policy is available in the Administrative Services Department. The Investment Pro,ram herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Source of Valuation - Interactive Data Corporation automatic. pricin~ service. /2 07/09/1997 CITY OF RAM(ItC) CUCA.qO{IGA P}{ - 2 INVESTMEN'[ PORTFOLIO DETAILS - INVESTMERTS CITY J]2){E 30, 1997 CA.~H INVESTM]Hf[ AVERAGE PK3RCHtSE STATED ---YI"!{--- MATURITY DAYS MUMB~ ISSUE]{ BAI.AK'E DATE BOOK VALUE FACE VALOE MARKET VALUE RATE 360 365 DATE TO MAT CERTIFICATES OF DEPOSIT - ~ 00975 SA}H~A 05/22/96 00976 SAIiWA 08/06/96 00986 S~d(WA 03/05/97 00987 SAIfdA 03/18/97 00990 SANWA 04/29/97 SUBTOTALS and AVERAGES 8,825,532.20 1,500,000.00 1,5(X),000.00 1,500,0CO.00 6.000 6.000 6.083 05/26/98 329 1,515,000.00 1,515,000.00 1,515,000.00 5.650 5.650 5.728 08/06/97 36 1,000,000.00 1,000,000.00 1,0130,000.00 5.830 5.830 5.911 03/05/98 247 1,810,532.20 1,810,532.20 1,810,532.20 5.700 5.700 5.779 09/16/97 77 3,000,0{30.00 3,0(0),000.00 3,000,000.00 6.240 6.240 6.327 04/29/98 302 8,825,532.20 8,8~,532.20 8,825,532.20 5.941 6.023 209 LOCAL AGEICY INVES'I'M]HIY FUWI)6 00005 LOCAL AGEIICY INVST FUIID 00804 LCF. AI, AGE}ICY i'k'VST SI3]YI~AL5 a~l AV~RAG~ 18,263,782.02 14,734,131.33 14,734,131.33 14,734,131.33 1,209,650.69 1,209,650.69 1,209,650.69 15,943,782.02 15,943,782.02 15,943,782.02 5.667 5.589 5.667 5.667 5.589 5.667 5.589 5.667 1 FEDERAl, AGEICY ISSUES - COIlPOll 00964 FKDER~ FAI~I CRglH'f 13Am~ 01/16/96 ~78 F~ F~ ~I? ~ 10/03/~ ~83 F~ F~ ~IY ~ 12/23/~ ~88 F~ F~ ~ ~ 03/27/97 ~93 FD~ F~ ~I~ ~ 04/29/97 ~22 F~ ~ ~ ~ 12/19/94 ~40 FD~ ~ ~ ~ 04/~/95 ~2 FD~ ~ ~g ~ 12/18/95 ~71 FD~ { ~g { 03/19/~ ~74 F~ ~ ~ ~ ~/21/~ ~82 FD~ ~ ~ ~ 12/30/~ ~989 FD~ ~ ~ { 04/02/97 ~91 FD~ { ~ { 04/~/}7 OO938 00957 00967 00968 00994 OO996 00947 00959 00960 O0981 00984 2,000,000.00 2,000,000.00 1,964,375.00 6.030 6.030 6.114 01/16/01 1,295 2,000,000.00 2,000,OCO.00 1,968,125.00 6.165 6.165 6.251 03/05/01 1 1,000,000.00 1,000,000.00 1,002,500.00 6.500 6.500 6.59005/20/99 1,500,000.00 1,500,000.00 1,500,000.00 6.610 6.610 6.702 10/06/99 8z! 1,0OO~0OO.00 1,000~0OO.00 990,937.50 6.700 6.700 6.793 12/24/01 1,637 2,000,0(I).00 2,000,0(I).00 1,990,000.00 6.620 6.620 6.712 03/27/02 1,730 1,993,125.00 2,000,000.00 1,998,125.00 6.310 6.499 6.590 04/01/99 639 1,000,000.00 1,000,000.00 1,010,312.50 8.030 8.030 8.142 12/19/97 171 942,968.~ 1,000~000.00 989,687.50 5.240 7.030 7.127 11/30/98 517 4,0{)O,0(1).00 4,000,000.00 3,9~,250.00 6.195 6.195 6.281 12/18/00 1,266 995~312.50 1,000,000.00 995,937.50 5.880 6.053 6.137 03/19/99 626 1,000~000.00 1,000~000.00 1,006~562.50 7.025 7.025 7.123 05/21/01 1,420 1,000,000.00 1,000,000.00 993,125.00 6.195 6.195 6.281 06/30/00 1,095 2,000,000.00 2,000,000.00 1,998,125.00 6.540 6.540 6.631 04/02/01 1,371 1,000,312.50 1,000,OCO.00 1,005,000.00 6.518 6.500 6.590 04/21/99 659 1,002,031.25 1,000,000.00 1,000,312.50 7.420 7.226 7.326 05/23/99 814 2,500,000.00 2,500,000.00 2,478,906.25 6.290 6.290 6.377 11/17/00 1,235 1,998,750.00 2,000,000.00 1,965,000.00 5.990 6.005 6.088 03/06/01 1,344 1,985,312.50 2,000,000.00 1,949,375.00 5.695 5.867 5.948 02/16/01 1,326 3,000,000.00 3,000,000.00 3,001,875.00 6.630 6.628 6.720 01/24/02 1,668 1,000,000.00 1,000,000.00 1,000,000.00 6.450 6.450 6.540 06/30/00 1,095 1,500,000.00 1,500,0CO.00 1,515,468.75 7.270 7.270 7.371 05/08/00 1,042 4,000,000.00 4,000,000.00 3,952,500.00 6.230 6.230 6.317 11/28/00 1,246 1,000,000.00 1,000,000.00 997,812.50 5.970 5.970 6.053 11/25/98 512 2,000,000.00 2,000,000.00 1,964,375.00 6.230 6.230 6.317 11/29/01 1,612 1,980,000.00 2,000,000.00 1,960,625.00 6.160 6.378 6.467 12/14/01 1,627 /,3 07/09/1997 CITY OF RAMCHO CUCAMOMGA IMVESTMEWY PORTFOLIO JUME 30, 1997 PM o CITY CASH IMVESTMEF~ AVERAGE I:'URCH2%SE STATED ---Y'I'M--- MATURITY DAYS NUMBER ISSUER ~ DATE BO0~ VALUE FA~ VALOE ~ VALUE RATE 360 365 DATE TO MAY FEDERAL AGE)}CY ISSUES - 00992 FEDERAL NATL MTG ASS}{ 05/05/97 SU]YlY)TALS an({ AVEPAGES 44,231,145.83 ~Y SECURITIES - COOPOW O0903 TREAS~Y MOTE AVERAGES 06/08/94 272,845.00 2,000,000.00 2,000,000.00 2,023,125.00 7.070 7.070 7.168 05/08/02 1,772 47,397,812.50 47,178,437.50 47,500,000.00 6.455 6.544 1,228 272,845.00 2T7,000.00 277,000.00 5.625 6.057 6.141 08/31/97 61 MORTGAGE RACKED SECURITIES 00071 00203 O0O02 O0069 00004 SUM'O~ALS and AVERAGES FEDERAL HOWE LOAM MORT(}. CO 02/23/87 FEDERAL #AYL MTG ASS, 09/21/87 GOVERNMEWTMATIOMALMORTG A 06/23/86 GOV'ER}~4]~f~ RATIO{{AL MOR'I~2 A ~/23/86 SMALL BUSINESS ADMI]{ 07/25/86 698,189.23 39,182.59 74,210.01 80,335.60 78,697.60 8.500 69,339.26 70,305.97 56,744.63 8.500 22,977.89 22,527.34 2,703.62 9.000 483,781.75 439,177.76 478,449.05 8.750 689,491.50 647,777.07 652,573.36 40,226.69 31,182.17 8.000 8.336 8.452 01/01/02 1,645 9.557 9.689 09/01/10 4,810 8.621 8.740 05/15/01 1,414 8.534 8.652 03/15/01 1,353 7.261 7.361 07/25/11 5,137 7.748 7.856 4,403 ',~ ..~ IMVESTMENTS and AVG. 72,291,494.29 73,129,463.22 72,872,528.79 73,198,887.58 6.215% 6.301% 863 07/09/1997 CITY OF RAMO{O CU~ INVESTMENT PORTFOLIO DETAILS - CASB JUNE 30, 1997 CITY CASH INVESTME)fY AVERAGE PURCHASE STATED --- Y'I"M --- MATURITY DAYS MUMBER ISSUER BALAMCE DATE BOOK VALUE FA~ VALUE MAI{KET VALUE RATE 360 365 DATE TO MAT CHECKING/SAVIMGS ACCI)OMTS 00180 B,~I{I( OF AMERICA 864,330.87 2.000 1.973 2.0(0) 00979 BAIJKOF AMERICA 0.00 2.000 1.973 2.000 00985 BAIIK OF AMERICA 30,789.63 2.000 1.973 2.000 SUBTOTALS and AVERAGES 1,508,675.10 895,120.50 1.973 2.000 Accrued Interest at Purchase 101,925.40 TOTAL CASH $ 997,045.90 TOTAL CASH ~ INVESTMERTS $ 73,800,169.39 74,126,509.12 /5 07/09/1997 CITY OF RAMCHO CUCAMOMGA PORTFOLIO MASTER IllVESTMENT ACTIVITY BY TYPE JU}IE 1, 1997 - JUME 30, 1997 CITY CASH STATED TYPE IMVESTMENT t ISSUER RATE TRANSACTI~ DATE ~~F.S SALES/MATURITIES OR DEPOSITS OR WITHI)RAWAI, S BALANCE CERTIFICATES OF DEPOSIT - BAMK BEGINNING BALAMCE: 8,825,532.20 8,825,532.20 LOC~ AGE}ICY IMVESTI(ENT FUNDS (Monthly Summary) (XX)05 LOCJJ, AGENCY INVST FUND 5.667 00804 LOCAL AGENCY INVST FUND 5.667 SU]YlY)T~ and E)iDING BALAJICE BEGIMNI~ BALANCE: 3,600,000.00 15,043,782.02 4,500,000.00 3,600,000.00 15,943,782.02 CHECKING/SAVINGS ACCOOMTS (Monthly Summary) 00180 BANK OF AMERIC~ 2.OOO 00979 BA~ OF AIIE]LY~ 2.000 00985 BANK OF AM]HilCA 2.O0O 6,625,000.00 528.00 6,625,528.00 BEGINNING BALANCE: 7,519,0OO.00 1,788,592.50 7,519,000.00 895,120.50 ERAI, AGE)ICY ISSUES - ~ 017972 FEDERA/, ~ LOAll NORTG. CORP. 7.275 00994 FEDElatL 1t(31{8 LOA)i ~ILTG. CORP. 6.630 00995 FEDF. RAL 11(31{~ LOA){ 14OR'IN2. CORP.6.450 SUBTOTALS and EIH)ING BALANC~ 06/03/1997 06/25/1997 06/30/1997 BEGIMNING BA4UICE: 3,0OO,0OO.00 46,397,812.50 4,000,000.00 3,000,000.00 47,397,812.50 TP, F,A.SURY SECURITIES - COOPOM BEGINNING BALANCE: 272,845.00 272,845.00 MORTGAGE BACKED SF, O3RI?IES 00071 FEDERAl, HOI{~ LOA!I NO!iTG. CORP. 8.000 00203 FEDERAL ~A~/, I{"~G ~ 8.500 00002 C. OVEILq!IE~ IA?IOIH, MO!i'I'G ASSII 8.500 00069 GOVERNE~ ~TIOE~L MOl~ AS~ 9.000 00004 SMALL BOSIIIESS AI)W*131 8.750 BEGINNING RI2HICE: 06/16/97 718.26 06/25/97 7,445.56 06/16/97 1,332.67 06/09/97 51.38 06/30/97 2,770.89 701,810.26 SUBTOTALS and ENDING BALANCE 0.00 12,318.76 689,491.50 BEG1]iNING B~d.,ANCE:$ 73,030,374.48 15,125,528.00 14,131,318.76 74,024,583.72 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE' July 1,1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM' Rodney Hoops, Chief of Police SUBJECT: APPROVAL TO TRANSFER CITY VEHICLES TO THE COUNTY OF SAN BERNARDINO FOR POLICE SERVICES RECOMMENDATION: It is recommended that the City Council approve the transfer of two (2) City vehicles to facilitate their use by the County of San Bernardino in the Police Department Citizen Volunteer Program. BACKGROUND: The City recently purchased the following two (2) vehicles for use in the Rancho Cucamonga Police Department's Citizen Volunteer Program: 1997 Chevrolet Tahoe, utility vehicle, VIN 1GNEK13R4VJ419798 1997 Ford Explorer, utility vehicle, VIN 1FMDU32X4VUB04150 In order for the vehicles to be used by County deputies, and to be striped using standard Police Department striping provided by the County, the vehicles must be transferred to the County of San Bernardino. Once transferred, the vehicles will become the property of the County of San Bernardino and will be available for use by the Police Department. Responsibility for liability, maintenance, and fuel will be the same as that provided for other vehicles within the Police Department's fleet. When the useful life of the vehicles ends title will be transferred back to the City of Rancho Cucamonga. Respectfully submitted, Rodney H'O6ps Chief of Police /7 DATE: TO: FROM: CITY OF RANCHO CUCAMONGA STAFF REPORT July 16, 1997 Mayor and Members of the City Council Jack Lam, City Manager Linda D. Daniels, Redevelopment Manager BY: Mitch Slagerman, Senior Redevelopment Analyst SUBJECT: APPROVAL OF AGREEMENT AND RESOLUTION FOR MEMBERSHIP IN THE CALIFORNIA CITIES HOME OWNERSHIP AUTHORITY--A JOINT POWERS AUTHORITY RECOMMENDATION: Approve the resolution allowing the City to join the California Cities Home Ownership Authority--A Joint Powers Authority. BACKGROUND: The City of Rancho Cucamonga continually looks for innovative ways to provide home ownership opportunities to all segments of the community. Recently, the City was approached by the California Cities Home Ownership Authority (CCHOA) to consider a Lease-to-Own home ownership program that it is sponsoring. CHHOA was formed for the purpose of collaborating with cities to make the dream of home ownership possible for families who have sufficient income to make mortgage payments but do not possess funds to cover the down payment and closing costs. ANALYSIS: The lease to own program provides down payment, closing cost, and first mortgage financing for families wanting to purchase a home or condominium, who can qualify for a loan but do not have cash on hand to pay those costs. The home is purchased by CCHOA and leased for a three year period to the buyers for a slightly higher than market rate rent. Buyers pay two percent of the purchase cost of the home as a program fee. At the end of three years, the buyers take title to the home and assumes the mortgage. The mortgage is a traditional 30-year fixed rate loan. During the three year lease period, principal and interest payments on the mortgage and repayment of the down payment are made financed by the buyer's lease payment. Buyers have 27 years left on the mortgage when they take title to the home. Once they take title, the lease payments ends and they make principal and interest payments directly on the mortgage. Participating cities join the CCHOA Joint Powers Authority which issues the tax exempt bonds to fund the program. The JPA is a legal entity separate from the cities. Lending institutions such as major banks, S&Ls and mortgage banks will provide the mortgages to qualified buyers. Lenders will be asked to participate and will be asked to pay for a share of the cost of issuing the bonds. Program Costs Comparison to Traditional Mortgage Costs Lease-to-Own Purchase Unassisted Purchase Price of House $100,000 Price of House $100,000 Mortgage $ 95,000 Down Payment $ 0 Closing Costs $ 0 Pro~ram Fee (2%) $ 2,000 Mortgage $ 95,000 Down Payment $ 5,000 Closing Costs $ 3,000 Total Cost to Buyer $97,000 1 Total Cost to Buyer 03,00o I CCHOA's lease to own home ownership program is open to families with incomes up to 140% of the median income (i.e. $62,720 family of four). The program is neither restricted to first time home buyers nor limited to low and moderate income participants. Each member city defines the program criteria within its jurisdiction. Currently five cities have become members of CCHOA including Upland, Artesia, Bellflower, Compton and Maywood. While the JPA is a new entity, the underwriter, Jim Chilton of J.K. Chilton & Associates, and bond counsel, Francis Baum of Best, Best & Krieger, have been involved with local financing, mortgage lending, municipal management and law for over 20 years. There is no cost to the City to join CCHOA and participate in the Lease-to-Own program. Bonds sold by the CCHOA will finance the program, pay for annual audits, and director's insurance. CCHOA will not have the power to financially obligate the City. Tax-exempt bond debt issued by CCHOA will be Authority debt and not a debt or obligation of any participating city. If CCHOA lacks funds for an audit, the members cities would be required to pay a pro rata share of these expenses to terminate the program (approximately $2,000). Underwriting and Bond Counsel costs are consistent with costs of similar bond issue programs. The City Attorney will participate in the preparation and review of all documents and agreements pertaining to the City's participation with CCHOA. In order to for the City to participate in the program, it must approved the resolution joining the CCHOA. Respectfully submitted, · a~. L'~els ~ Redevelopment Manager rda \ mks \ housing \ cchoa \ sr 7 /16 / 97 /? CITY OF RANCHO CUCAMONGA RESOLUTION NO. ~7-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CALIFORNIA CITIES HOME OWNERSHIP AUTHORITY, A JOINT POWERS AUTHORITY WHEREAS, the City of Rancho Cucamonga seeks to promote home ownership to improve the City's housing stock and to further economic development for the welfare of its residents; and WHEREAS, the City of Rancho Cucamonga has adopted the promotion of home ownership as one of its priority goals; and WHEREAS, there is a growing need for the cities in the Southern California region to find new and cooperative ways to develop programs that will increase home ownership and improved community life; and WHEREAS, the California Cities Home Ownership Authority is a cooperative approach between cities that will increase home ownership and thereby improve the quality of community life for those cities participating in the Authority; and WHEREAS, the City of Rancho Cucamonga will further is goal of promoting home ownership within the community through membership in the California Cities Home Ownership Authority; and WHEREAS, the California Cities Home Ownership Authority provides for home ownership programs individually tailored for each member city: NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHOCUCAMONGA AS FOLLOWS: Section 1. The City Council hereby approves Agreement File No. entitled "A Joint Powers Agreement Creating the California Cities Home Ownership Authority" (the "Agreement") in substantially the form attached hereto as Exhibit A. Section 2. The Mayor, or presiding office, is hereby authorized to affix his signature to this resolution signifying its adoption by the City Council of the City of Rancho Cucamonga, and the City Clerk, or her duly appointed deputy, is directed to attest thereto: PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA THIS 16TH DAY OF JULY, 1997. mksXhousing~cchoa resolution 7/16/97 CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: July 16, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Thomas Grahn, Associate Planner PUBLIC CONVENIENCE OR NECESSITY 97-02 - GHAYOUR - Consideration of a request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcohol Beverage Control License (Off-Sale General) for a liquor store, located at the northeast corner of Foothill Boulevard and Vineyard Avenue - APN: 208-101-23. RECOMMENDATION Approve the determination of "Public Convenience or Necessity" through the adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control. ANALYSIS A, Background: The applicant, Saadoun Ghayour, operates an existing liquor store in Suite I-7 of the Thomas Winery Plaza which is approved through Conditional Use Permit 90-04. On June 24, 1997, the City Planner approved Conditional Use Permit 97-18, a request to relocate the existing liquor store to a directly adjacent suite. Following City Planner approval of the project, the applicant submitted tenant improvement plans for the proposed relocation. ao Requirements from Department of Alcohol Beverage Control: The Department of Alcohol Beverage Control regulates the distribution of liquor licenses by setting limits on the different types of licenses in each Census Tract. The limits are calculated from the ratio of liquor licenses to the population of the Census Tract. According to the Alcohol Beverage Control staff, there are a total of nine active Off-Sale General (Type 21) licenses within Census Tract 20.04 where the existing and proposed liquor store is located, thus exceeding the Alcohol Beverage Control's given limit of seven. VVhen a Census Tract's limit has been reached, additional liquor licenses can be issued only if the City determines that the license would serve the public's convenience or necessity as required by Section 23958 of the Business and Professional Code. The legislation purposefully left the term "public convenience or necessity" undefined so that the local legislative body (City Council) has the greatest latitude, based on local conditions and determinations. CITY COUNCIL STAFF REPORT PCN 97-02 - GHAYOUR July 16, 1997 Page 2 Go Facts to Support a Public Convenience or Necessity Determination: The following are facts that support the requested "Public Convenience or Necessity." On March 19, 1990, Conditional Use Permit 90-04 was issued for a liquor store located at 8045 Vineyard Avenue, Suite I-7. On June 24, 1997, Conditional Use Permit 97-18 was issued for the relocation of an existing liquor store to a directly adjacent tenant suite, Suite I-8. , The site is located along two major arterial streets, which is suited for this type of business. . The site is not close to sensitive users such as day care facilities, schools, or churches. . Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items. CONCLUSION Based on the above analysis, staff finds the issuance of an Off-Sale General liquor license would not have a negative impact to the surrounding uses. Staff recommends approval of the attached Resolution. Brad Buller City Planner BB:TG:taa Attachments: Exhibit "A" - Applicant's Alcohol Beverage Control Application Exhibit "B" - Site Plan for Thomas Winery Plaza Exhibit "C"- Census Tract and Location Map Resolution of Approval cn t t ,, o ~ ~ t ,4 DROPPING FOB fiLEOHBL BEUEBfiGE LICENSE{S} TO: Department of Alcoholic Beverage Control File Number .............. 332478 Receipt Number ......... 1142579 Geographical Code ........ 3615 Copies Mailed Date... 6/17/97 Issued Date PARTNER DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? Mailing Address: (If different from premise address) RIVERSIDE THOMAS WINERY LIQUOR 8045 VINEYARD AVE I-S RANCHQ CUCAMONGA CA SAN BERNARDINO YES 91730 If premise licensed: Type of license Transferor's names/license: KADOM ANTOANETA 284809 License Type Transaction Type Fee Type MAster DuD Dace Fee 1. 21 OFF-SALE GENERAL PREMISE TO PREMISE TRA NA YES 0 JUN 17,1997 $100.00 : TOTAL $100.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensec, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of RIVERSIDE Date JUN 17,1997 Under penalty of perjury, each person whose signature appears below. cerdfie$ and says: (!) He is an applicant, or one of the applicants. or an executive officer of the applicant corporation. named in the foregoing application. duly authorized to make this application on its behalf: (2) that he has read the foregoing and knows the conten~ thereof and that each of the above statements therein made ate true: (3) that no penon other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the licenae(s) for which this application is made: (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Depanrnent or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor. (5) that the transfer application may be withdrawn by either the applicant or the licensec with no reauiting liability to the De~nL Applicant Name(s) Applicant Signature(s) GHAYOUR SAADOUN KADOM ANTOANETA Attached: 231 ..:..' .: :." . :.. ~; -:c '..'. . :a -:~: .'.': ~. ~ . iI, ' ',--. .~; .. .:,' :¢...~ ~ ~ '- ,~ g~ '? .... - .:..>~:. , r- · ---< :IIIlIIIIIIIIIIIL ... .'-. , .,.f'Llll'IlllL I~IIIIIlIIIIIU '*o~o-~ ': ' '- I,.~;o $F 0°3 JI iL I . - ~ '.-i'..,1111111'IIIIIIIIII, ;~;~ - ~ -. - -~.~ Jill I'I'1 . -- __ -- .~.. SHOE ]-.-..a__ __ '--_:~ '~..il-*"' ;~','-_ .01llllllllItO - ..... · ~ · lu-:.'..'-'.'.,:,...:'..-. ;,. - .ll,,,,, , ~.OWLWOO0 ,.%,,,[ ,.,,,,,... ~ ."q a IIIIIJ' I .' · x~?':,(.'.;X~:,..S.:.i;-;'~i~, ..: . ,,.,... !.}· . . -' ' . ~. FOOTHILL BOULEVARD -- . ., .., Project: Title: Exhibit' '0 RESOLUTION NO. ~ 7--~:~t~ ~/ A RESOLUTION OF THE CITY COUNCIL OF CITY Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE FOR A LIQUOR STORE, LOCATED AT 8045 VINEYARD AVENUE, SUITE I-8, AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE - APN: 208-101-23. A. Recitals. 1. Saadoun Ghayour has filed an application for an off-site sale of liquor, beer, and wine license from the Department of Alcohol Beverage Control. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will serve the public convenience or necessity. 3. On the 16th day of July 1997, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced meeting on July 16, 1997, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. On March 19, 1990, Conditional Use Permit 90-04 was issued for a liquor store located at 8045 Vineyard Avenue, Suite I-7. On June 24, 1997, Conditional Use Permit 97-18 was issued for the relocation of an existing liquor store to a directly adjacent tenant suite, Suite I-8. b, business. The site is located along two major arterial streets, which is suited for this type of C. churches. The site is not close to sensitive users such as day care facilities, schools, or d. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the off-site sale of liquor, beer, and wine will not have a negative impact to the surrounding uses. CITY COUNCIL RESOLUTION NO. PCN 97-02 - GHAYOUR July 16, 1997 Page 2 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby determines that the issuance of and Off-Sale General license for a liquor store serves the public convenience or necessity. 5. The City Clerk shall certify the adoption of this Resolution. DATE: TO: FROM: SUBJECT: July 16, 1997 CITY OF RANCHO CUCAMONGA STAFF REPORT Mayor and Members of the City Council Paul Biane, Council Member CONSIDERATION TO APPROVE RESOLUTION 97-*** Recommendation The City Council approve the attached Resolution 97-*** opposing the "Stacked Deck" Initiative. Back~,round The "Stacked Deck" Initiative is a Statewide measure that qualified for the June, 1998 ballot. This Initiative would require every State funded project (i.e., gas tax) over $50,000 to be subjected to a cost review by the State Controllet's office for consultant costs versus State employee costs. Consultant costs includes labor costs plus full markup to cover the typical costs of doing business (i.e., fringe benefits, office and equipment leases, computers, etc.). The State costs include only the additional direct cost of doing the work (labor only, no overhead involved). Additionally, there is nothing in the Initiative requiring projects to be delivered on schedule, within budget or giving local government any say in the project. Based on this analysis, the project would be done by the lowest cost agency which would likely result in the State being awarded most or all of these types of projects. This Initiative would eliminate local control over infrastructure projects. It would create a bidding system that effectively means most infrastructure projects would be designed only by the State of California, not private contractors who are accountable to the needs of local cities. It would also create a new layer of State bureaucracy ultimately delaying important local projects. : The League of California Cities has joined with the California School Boards Association, the California Taxpayers' Association and the California Chamber of Commerce among others to oppose this Initiative which is sponsored by a State group known as Professional Engineers in California Government (PECG). The core issue with the PECG Initiative is should all design and engineering project development work be done by State employees instead of contractors hired and managed by local government entities. Mayor and Members of the City Council "Stacked Deck" Initiative Page Two July 16, 1997 This Initiative would have the effect of causing years of delays in building vitally needed jails, parks, roads and other key projects. For these reasons, it is recommended the attached Resolution be approved. Respectfully Submitted, Pau ~ane Council Member Attachment: Resolution 97-* * * RESOLUTION NO. 97-*" C) ~ A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN OPPOSITION TO THE "STACKED DECK" INITIATIVE WHEREAS, Every day billions of dollars of cdtical building, engineering and design projects are underway from seismic retrofitting to flood control, to schools and hospitals; and WHEREAS, State, regional and local governments are currently allowed the flexibility to contract with pdvate firms, on a competitive basis, to design these projects; and WHEREAS; This process allows government the essential flexibility to use private firms to deliver a project on time and cost effectively; and WHEREAS, The so-called "Stacked Deck" Initiative completely changes the process by giving the state bureaucracy a virtual monopoly on designing every project; and WHEREAS, This will thereby force cities, counties, schools, special districts, regional governments and even many pdvate business to sue the state bureaucracy to design roads, parks, hospitals, health clinics, schools, water treatment facilities, flood control walls and other critical structures - including all engineering, design, geological and environmental work; and WHEREAS, Virtually every school and hospital has been designed by pdvate firms, not state government; and WHEREAS, The proposed initiative eliminates local control and forces communities to rely on the out-of-town state bureaucracy for their design work; and WHEREAS, Local governments would not be able to hold the state bureaucracy accountable; and WHEREAS, The state controller would have to analyze tens of thousands of proposed contracts per year costing taxpayers hundreds of thousands of dollars, if not millions, in additional expenses; and WHEREAS, To meet potential workload demands, hundreds, if not thousands, of state employees would need to be employed and paid, even if projects were not underway; and WHEREAS, Taxpayers would pick up the tab for billions in extra costs for projects, lost jobs and most state employees to evaluate projects; and WHEREAS, This could mean more delays on important projects such as the Bay Bridge retrofit and the Alameda Rail Corridor. THEREFORE, BE IT RESOLVED that the City of Rancho Cucamonga opposes the so-called "Stacked Deck" Initiative that will cost our cities, counties, special districts, and economy millions of dollars. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: July 16, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Betty A. Miller, Associate Engineer SUMMARY VACATION OF A PORTION OF PREVIOUSLY DEDICATED RIGHT-OF-WAY FOR CHURCH STREET, LOCATED AT THE SOUTHEAST CORNER OF CHURCH STREET AND EAST ELM AVENUE (V-148) RECOMMENDATION It is recommended that the City Council adopt the attached Resolution ordering the summary vacation of a portion of the Church Street fight-of-way at the southeast comer of Church Street and East Elm Avenue and authorizing the Mayor and City Clerk to record same. BACKGROUND/ANALYSIS Lewis Development Co. will be installing a traffic signal at the intersection of Church Street and East Elm Avenue, per conditions of approval placed on several recent Terra Vista projects. The developer will reconstruct an existing bus turnout on the southeast comer of that intersection with the signal improvements. This requires a reconfiguration of the fight-of-way. Easement documents for the new fight-of-way have been executed by the developer and will be forwarded to the County Recorder at the same time as this vacation. On May 28, 1997, the Planning Commission determined the vacation conforms to the General Plan and recommended the vacation occur. Section 8334 (a) of the Streets and and Highways Code states that local agencies may summarily vacate excess rights-of-way not required for street or highway purposes. Respectfully submitted, ~iiitl~iaEnglJ~e~rNeil~ WJO:BAM:sd Attachments II 7-DDT! II LL CITY OF RANCHO CUCAMONGA ENGII~iEERING DIVISION ITEM: V- / ~ ~ Trrl.~: ~] I ~..IN I TY I I"= N h~AP RESOLUTION NO. Z~ 7- q~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF PREVIOUSLY DEDICATED RIGHT-OF-WAY FOR CHURCH STREET, LOCATED AT THE SOUTHEAST CORNER OF CHURCH STREET AND EAST ELM AVENUE WHEREAS, by Chapter 4, Article 1, Section 8334 (a), of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate excess right-of-way hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that the portion of Church Street right-of-way is no longer required for street and highway purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating that portion of Church Street, as shown in file V-148, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, labeled Exhibits "A" and "B," and by this reference made a part thereof. SECTION 2: That from and after the date this resolution is recorded, said portion at the southeast comer of Church Street and East Elm Avenue no longer constitutes a public right-of-way. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. CHURCH STI~EET VACATION OF A PORTION OF PREVIOUSLY DEDICATED RIGHT-OF-WAY FOR CHURCH STREET RECORDED PER TRACT NO. 13270, M.B. 213/72-74 FX~IT "A" THAT PORTION OF LOT 1 OF TRACT NO. 2202, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 34, PAGES 67 AND 67 1/2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF ELM AVENUE EAST AND CHURCH STREET; THENCE SOLrrHERLY ALONG SAID CENTERLINE OF ~.M AVENUE EAST SOUTH 00°08'55" EAST 47.34 FEET; THENCE LEAVING SAID CE~INE OF ELM AVENUE EAST NORTH 89`'51'05" EAST 60.35 FEET TO TIlE TRIIF POINT OF RFGINNTNC{, SAID POINT ALSO BEING ON THE SOUTH LINE OF CHURCH STREET, AND ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 18043'40" WEST; THENCE NORTH 41`'00'06" EAST 6.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 3,050.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 07`'50'53" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01`'05'57", AN ARC DISTANCE OF 58.51 FEET TO A POINT ON A NON-TANGENT LINE, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH 08°56'50" EAST; THENCE Sou'rH 58"33'53" WEST 0.15 FOOT TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 51.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22`'51'47", AN ARC DISTANCE OF 20.35 FEET, A RADIAL BEARING OF SOUTH 08034'20" EAST, TO THE BEGINNING OF A NON-TANGENT LINE; THENCE ALONG SAID LINE SOUTH 81047'22" WEST TO A NON-TANGENT CURVE CONCAVE SOLrI'HERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07°50'16" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10`'53'24", AN ARC DISTANCE OF 4.56 FEET TO THE TRI~. POINT OF RFGINNTNG. PREPARED BY MADOLE AND ASSOCIATES, INC. OF THE INLAND EMPIRE December 17, 1996 J.N. 126-817 GB/jg EXHIBIT "B" ~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: July 16, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Jenny Hamyama, Management Analyst I APPROVAIJ TO EXECUTE CONTRACT WITH TELECOMMUNICATIONS MANAGEMENT CORPORATION. INC. FOR A CAB1,E TEIJEVISION AUDIT Recommendation: It is recommended that the City Council authorize the execmion of a contract with Telecommunications Management Corporation, Inc. (TMC) to perform a Franchise/PEG Access Fee Audit of Marks CableVision for the years 1994-95, 1995-96, and 1996-97. Background/Analysis: Attached is a proposal ~om Telecommunications Management Corporation, Inc. (TMC) to administer a Franchise/PEG Access Fee Audit of Marks CableVision for years 1994-95, 1995-96 and 1996-97. This financial audit will include a review of all revenue streams and records over the past three years to ensure accurate compliance with the City's Franchise/PEG Access Fee requirements. In light Marks CableVision's recem decision to put its company up for sale, and that the last Franchise/PEG Access Fee Audit was administered in the Spring of 1992, staff feels it would be in the best interest of the City to perform an audit at this time. Approximately $13,000 was budgeted in the General Overhead Account, Special Audit Services, FY 1997-98 (Account No.: 01-4285-6028) for a Cable Franchise/PEG Access Fee Analysis. Telecommunications Managemere Corporation, Inc.'s proposal specifies that the cost of the audit will be $7,900. spectfully, Submitted, · M~,xtag~ment ~alyst I 5757 Wilshire BIv(~. · Suite 635 · Los Angeles, CA 90036 · (213) 931-2600 · Fax (213) 931-7355 May 14, 1997 Ms. Jenny Haruyama Management Analyst I City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Dear Ms. Haruyama: In response to your request, Telecommunications Management Corp. (TMC) is pleased to submit this proposal to the City of Rancho Cucamonga (the City) to provide the following services to the City with regard to the cable television franchise held by Marks Cable (Marks): · Audit of franchise and PEG Access fees; and Cable system assessment and recommendation of franchise renewal objectives. These tasks are described in greater detail below. AUDIT The scope of the audit will include: A review of the revenue records of the cable operator, to the extent such records are available, for at least the most recent three-year period, including the sources of all revenue components. This will include revenue, such as commissions paid by the home shopping channels, that may be paid to the corporate offices rather than directly to the local cable systems. · A review of the method utilized by the operator to compute franchise fees due to the City, including all revenue elements included in the computation. A detailed analysis will be made of any revenues excluded from the computation, and whether these exclusions are in compliance with franchise requirements and cable industry practices. Ms. Jenny Haruyama City of Rancho Cucamonga May 14, 1997 Page 2 · · · A comparison of the computed franchise fees due with actual payments made to the City, to verify that all fees have been paid. In the event of any discrepancies, an estimate of the underpayments will be made. This will cover not only the three-year period examined in detail, but previous franchise years as well. For the PEG Access fee payment analysis, an examination will be made of subscriber counts and the method utilized for determining this number (e.g., bulk billing agreements, -payments to programmers, etc.) and comparing this result to the total reported to the City. TMC proposes a fixed price cost of $7,900, with 50% of the total invoiced 30 days after authorization to proceed and 50% invoiced upon submission of the audit report. Local meetings to review the results of the audit with staff or before the City Council, will be invoiced at $800 per meeting, which includes all time for the meeting, preparation and travel. The audit will be completed within 60 days of receipt of all information necessary to complete the review. SYSTEH REVIEW The Consultant shall perform an evaluation of the Marks cable system serving the City. The evaluation shall include, but not necessarily be limited to: ~ A review of the system's design and operational capability, the age and condition of major components and facilities, and the system's ability to be upgraded, including feasible upgrade scenarios. · A review of the system's proof-of-performance tests and results, and 'a comparison with FCC technical standards. · A review of the system's records with respect to service calls, response to subscriber complaints, and maintenance history. Ms. Jenny Haruyama City of Rancho Cucamonga May 14, 1997 Page 3 · A comparison of the system's capability with current and anticipated state-of-the-art, including the impact of new and emerging technologies upon franchise renewal objectives. · A review of any governmental, educational and community access facilities, including current equipment and programming and the capability to be upgraded and expanded to meet future community needs and interests. 6. A review of compliance of the franchisee with the requirements of the current franchise. The ~nd-item of the review shall be a written evaluation report, submitted within 75 days after authorization to proceed, including all data, analyses and conclusions. The report also shall contain recommended minimum requirements and target objectives for franchise renewal, in such areas as: Regulatory terms and conditions, including the ability to regulate to the full extent permitted by state and federal law. System upgrade, capacity and capability, including consideration of advanced features, such as "user- friendliness" and institutional communications. Consumer protection standards and quality of service. Support for government, educational and community access. Practical provisions for enforcement of franchise commitments. The cost for this task shall be $7,900 (with 40% invoiced 45 days after authorization to proceed, with the remainder invoiced upon submission of the evaluation report). Up to two (2) meetings to review the results of this task are included in the cost quoted for this task. Ms. Jenny Haruyama City of Rancho Cucamonga May 14, 1997 Page 4 Thank you for the opportunity to offer our services again to the City of Rancho Cucamonga, and we look forward to your response. Sincerely, CARL PILNICK President DATE: TO: CITY OF RANCHO CUCAMONGA STAFF REPORT July 16, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: Approval of Drug Abuse Resistance Education (D.A.R.E.) Memorandum of Understanding for Fiscal Year 1997-1998 RECOMMENDATION Staff recommends that City Council approve the attached Memorandum of Understanding (MOU) between Alta Loma, Central, Etiwanda, and Cucamonga School Districts and the City of Rancho Cucamonga for the D.A.R.E. program for fiscal year 1997/98. The MOU reflects a $106,075 contribution from the four School Districts with a matching amount of $106,075 from the City of Rancho Cucamonga. This activity is budgeted in account number 01-4451-0000. BACKGROUND The D.A.R.E. program was implemented by City Council as a pilot program during fiscal year 1990/91. Initially, the program used one Sheriff Deputy for three School Districts. Additionally, the D.A.R.E program did not provide all fifth-grade classes the opportunity to have a D.A.R.E education. During fiscal year 1994/95, the City and four School Districts including the Cucamonga School District jointly increased their funding share to include two D.A.R.E Officers to provide D.A.R.E to all fifth-grade classes. This year the School Districts will jointly contribute $106,075. The City will contribute a matching $106 075. The total projected D.A.R.E program cost for fiscal year 1997/98 is $212,150. Renu 1~ y~ su~m~t ed,~~ ~rry B. Fulwood Deputy City Manager Attachments: DARE MOU MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by the Alta Loma, Central, Etiwanda and Cucamonga School Districts, the County of San Bernardino, and the City of Rancho Cucamonga for the purpose ofjointly sponsoring and continuing the Drag Abuse Resistance Education (D.A.R.E.) Program. In order to accomplish this goal, the agencies listed below will contribute the following dollar amounts to be used for the continuation of the DARE program: Alta Loma School District -- $40,308; Central School District-- $36,066; Etiwanda School District -- $20,154; Cucamonga School District -- $9,547; The City of Rancho Cucamonga-- $106,075. The County of San Bernardino Sheriff's Department will provide two DARE officers in accordance with the terms and provisions of the contract for police service between said County and the City of Rancho Cucamonga to be shared between the four schoool districts on a proportional basis based upon the dollar amount contributed by each district to the program (Alta Loma School District -- 38%; Central School District -- 34%; Etiwanda School District -- 19%; and Cucamonga School District -- 9% of the officers' time). This shall be effective from July 1, 1997 through June 30, 1998. If modifications are necessary before or at that time, they will be added to this Memorandum of Understanding by mutual agreement of all parties involved. We hereby agree to this Memorandum of Understanding and certify that the agreements made here will be honored. Signature Alta Loma School District, Superintendent Date Signature Central School District, Superintendent Date Signature Etiwanda School District, Superintendent Date Signature Cucamonga School District, Superintendent Date Signature County of San Bernardino, Sheriff Date Signature City of Rancho Cucamonga, Mayor Date CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: JULY 16, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: Joint Use Agreement for Gymnasium Facilities at Rancho Cucamonga middle School RECOMMENDATION Staff recommends that City Council approve the Joint Use Agreement between the Cucamonga School District and the City for usage of proposed Gymnasium if the grant is awarded to the District for the construction of the facility. BACKGROUND The Cucamonga School District is seeking a grant that would give them funds to construct a gymnasium at Rancho Cucamonga Middle School, at a cost of 1.5 million dollars. The School District would improve its chances of obtaining the grant if the City planned to use the gymnasium for community programs. The School District needs a Joint Use Agreement with the City that the District would include in their grant package. The School District Board will be considering this item on July 17, 1997. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 16, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Michael D. Long, Supervising Public Works Inspector SUBJECT: ACCEPT THE HAVEN AVENUE STORM DRAIN AND STREET IMPROVEMENTS, FROM JUST SOUTH OF CHURCH STREET TO JUST NORTH OF BASE LINE ROAD, CONTRACT NO. 96-027, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $2,745,642.90 RECOMMENDATION: It is recommended that City Council accept the Haven Avenue Storm Drain and Street Improvements, between Church Street and Base Line Road, Contract No. 96-027, as complete, authorize the City Engineer to file a "Notice of Completion", and retain the Faithful Performance in the amount of $2,496,039.00 to be used as the Maintenance Bond and authorize the release of the Labor and Materials Bond in the amount of $2,496,039.00, six months after the recordation of said Notice if no claims have been received. Also, authorize the release of the retention in the amount of $139,494.49 thirty-five days after the approval of the final contract amount of $2,745,642.90. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $2,745,642.90, which includes eight contract change orders totaling $244,046.35 for installation of tubular steel fencing, removal of previously unknown revetment conduit and other minor items. · Respectfully submitted, W~am J. O'Neil City Engineer WJO:MDL:ls Attachment _.2 9 7- O ¢ 7' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONTRACT NO. CO 96-027, IIAVEN AVENUE STORM DRAIN AND STREET IMPROVEMENTS, FROM JUST SOUTH OF CHURCH STREET TO JUST NORTH OF BASE LINE ROAD, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Contract No. CO 96-027, HAVEN AVENUE STORM DRAIN AND STREET IMPROVEMENTS, FROM JUST SOUTH OF CHURCH STREET TO JUST NORTH OF BASE LINE ROAD, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 16, 1997 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: SUBJECT: Linda Beek, Jr. Engineer ¢~ ACCEPTANCE OF IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BONDS, ACCEPT A MAINTENANCE BONDS AND FILE A NOTICE OF COMPLETION FOR TRACT 14139, LOCATED ON THE SOUTHEAST CORNER OF 25TH STREET AND ETIWANDA AVENUE RECOMMENDATION The required street improvements for Tract 14139 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds and accept the Maintenance Bonds. BACKGROUND/ANALYSIS Tract 14139, located on the southeast corner of25th Street and Etiwanda Avenue Release Faithful Performance Bonds: No. 111 3312 5655 No. 111 3312 5671 No. 111 3312 5689 No. 111 3312 5697 No. 111 3312 5713 No. 111 3312 5721 No. 111 3312 5739 No. 111 3312 4155 $580,382.00 $402,000.00 $1,298,000.00 $696,000.00 $903,000.00 $216,000.00 $214,000.00 $264,620.00 Accept Maintenance Bonds: No. 111 3312 5655-A No. 111 3312 5671-A No. 111 3312 5689-A No. 111 3312 5697-A No. 111 3312 5713-A No. 111 3312 5721-A No. 111 3312 5739-A No. 111 3312 4155-A $58,038.00 $40,200.00 $129,800.00 $69,600.00 $90,300.00 $21,600.00 $21,400.00 $26,462.00 CITY COUNCIL STAFF REPORT TKACT 14139 July 16, 1997 Page 2 Developer: Centex Real Estate Corporation 2280 Wardlow Circle, Suite 150 Corona, CA 91720 Respectfully submitted, William J. 'N~~etl~ City Engineer WJO:LB:Is Attachment RESOLUTION NO. q 7- t"J~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR TRACT 14139, LOCATED ON THE SOUTHEAST CORNER OF 25TH STREET AND ETIWANDA AVENUE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of improvements for Tract 14139, located on the southeast comer of 2$th Street and Etiwanda Avenue, have been completed to the satisfaction of the City Engineer; and, WHEREAS, a Notice of Completion is required to be filed, certifying NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. q7 RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P.O. Box 807 Rancho Cucamonga, Califomia 91729 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P.O. Box 807 Rancho Cucamonga, California 91729 NOTICE OF COMPLETION 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: All public rights-of-way within the boundaries of Tract 14139 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 10500 CIVIC CENTER DRIVE, P.O. BOX 807, RANCHO CUCAMONGA, CA 91730. 3. On July 16, 1997, there was completed in the hereinafter described real property the work of improvement set forth in the contract documents for: TRACT 14139 4. The name of the original contractor for the work of improvement as a whole was: CENTEX REAL ESTATE CORPORATION 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Located on the Southeast Comer of 25th Street and Etiwanda Avenue CITY OF RANCHO CUCAMONGA, a Municipal Corporation, Owner DATE William J. O'Neil City Engineer ORDINANCE NO. 581 AN UNCODIFIED ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS A._.~. RECITALS (i) WHEREAS, Government Code Section 29550.1, et. Seq. allows cities to recover the costs charged by the counties for the booking or other processing of persons arrested and other costs incurred in connection therewith. (ii) WHEREAS, the City Council wishes to recover said costs charged by the County of San Bernardino for the booking or other processing of persons arrested and other costs incurred in connection therewith. WHEREAS, the City Council finds that the amount of the charges hereby adopted do not exceed the reasonably anticipated costs charged by the County for the booking or other processing of persons arrested and other costs incurred in connection therewith, and therefore the fee imposed hereby is not a "special tax" pursuant to Government Code Section 50076 and the actions taken herein are exempt from the additional notice and public meeting requirements of the Brown Act pursuant to Government Code Section 54954.6 (a) (1) (A) and (B). B. ORDINANCe: NOW, THEREFORE, the City Council for the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1. COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS A. "City" means the City of Rancho Cucamonga B. "County" means the County of San Bernardino SECTION P. The City Manager is hereby authorized to enter into an agreement with an outside agency to provide for the recovery of City's costs and the charges imposed by the County for cdminal justice administrative fees. SECTION 3. Fees collected shall be limited to those provided under Government Code Section 29550.1, et. Seq. The actual cost of recovery over and above the criminal justice administrative fees shall be charged to the person convicted if applicable. Ordinance 581 Page 2 SECTION 4. If any section, subsection, part, clause, sentence, or phrase of this Chapter or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the validity of the remaining portions of this Chapter, the application thereof, and the fees imposed, shall not be affected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, subsection, part, clause, sentence, or phrase regardless of whether any other section, subsection, part, clause, sentence, or phrase, or the application thereof, is held to be invalid or unconstitutional. SECTION 5. This ordinance shall become effective 30 days after its adoption. PASSED, APPROVED, AND ADOPTED this 16th day of July, 1997. AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 2nd day of July, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of July, 1997. Executed this 17th day of July, 1997, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: July 16, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Thomas Grahn, AICP, Associate Planner CONSID!=RATION OF AN APP!=A~ FOR !=NVIRONMFNTA~ ASSFSSMFNT AND CONr')ITIONAI USI= PFRMIT 96-?7 - Ti=XACO RFFINING ANI') MARKFTING. INC. - An appeal of a Planning Commission decision to limit the hours of operation from 6:00 a.m. to 10:00 p.m. for the development of a service station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land, and a master plan of the surrounding 1.9 acres of land, in the Office Park Distdct of the Terra Vista Community Plan, located at the southwest comer of Milliken Avenue and Base Line Road - APN: 1077-672-37. RECOMMENDATION Staff recommends that the City Council uphold the decision of the Planning Commission and restrict the hours of operation from 6:00 a.m. to 10:00 p.m. BACKGROUNDIANALYSlS Ao Background: On June 11, 1997, the Planning Commission approved Conditional Use Permit 96-27 for the development of a combination Texaco Star Mart and Del Taco drive- thru restaurant building. The project contains a total of 3 acres which will be subdivided into two parcels. The Texaco site contains 1.1 acres and the remaining 1.9 acres is master planned for future development. The Texaco site will be developed initially and the master planned area will be landscaped for both erosion control. and to buffer the adjacent townhomes from project related impacts. Pdor to the Planning Commission meeting, staff received approximately 85 letters opposing the proposed project. In addition to those letters, a petition of 91 signatures was submitted to the Planning Commission, identifying further opposition to the project. Because of concerns expressed by adjacent home owners regarding light, noise, and security related impacts, the Planning Commission imposed a condition of approval restricting the hours of operation. The Commission further indicated they may consider expanded hours of operation when the master planned area of the project is developed. The applicant is opposed to a restriction limiting the hours of operation and has requested that the City reconsider a 24-hour operation. CITY COUNCIL STAFF REPORT CUP 96-27 - TEXACO July 16, 1997 Page 2 a. Analysis: The issues that lead to the imposition of a condition limiting hours of operation focus around light, noise, and security impacts. Light impacts could come from several sources, though the most prevalent sources would be from light standards throughout the parking lot and vehicle headlights. No specific light impacts were identified through the project analysis; however, conditions of approval require that all light and glare associated with the project be shielded or directed so as to not illuminate adjacent businesses or residences or cause glare to motorists. As a means of further addressing this concern, conditions also require a landscape buffer along the extreme west and south project boundary that, upon maturity, will disrupt views of the site and help block project lighting. Noise impacts could be from vehicles ddving on-site, the shutting of car doors, starting engines, and the drive-thru restaurant. To propedy evaluate noise impacts, staff requested the preparation of a Noise Study (attached to the Initial Study) to evaluate extedor noise within the project and exterior/interior noise within the adjacent residential neighborhoods. The report concludes that future noise generated from the drive-thru aisle and from fuel delivery trucks will be the pdmary sources of noise impacting the adjacent neighborhoods, even though the associated noise levels were below the maximum allowable levels. The Noise Study did not recommend specific design modifications because the existing perimeter wall will adequately mitigate noise from on-site vehicle operations, the drive-thru aisle, and fuel deliveries. To minimize these impacts, conditions of approval restdct fuel delivery hours and require the perimeter wall to be increased to a minimum height of 6 feet. To address the drive-thru aisle noise, the applicant indicated that the drive-thru speaker would be directed away from the adjacent residences. Security impacts could be from loitering and a general increase in the number of people in the vicinity of the existing residences. The adjacent neighborhood felt that their security was at stake because of the possibility of loitering about the site at all hours and this loitering will jeopardize their secudty from people climbing over the perimeter wall. The applicant felt that if their facility was open 24-hours, secudty would actually be improved because there would be someone monitoring the site dudng those hours. The applicant identified specific voluntary conditions of operation (see Planning Commission Resolution No. 97-33) that were intended to show their desire and willingness to address community concerns. Those measures were adopted as conditions of approval which identify restrictions on liquor sales, signage, security, and site maintenance. The Planning Commission determined that, although those conditions would address some issues, the need to address the concerns of the adjacent resident s outweighed the needs of the applicant, and therefore, imposed the condition regarding hours of operation. Light, noise, and secudty impacts could not be entirely eliminated from the project, but restricting the hours of operation until the adjacent master planned area is developed could minimize those impacts at this time. When the master planned areas are developed, those improvements will have the ability to block the associated light and noise impacts. FACTS FOR FINDING Before denying the Conditional Use Permit appeal, the City Council shall make certain findings that the circumstances prescribed below do apply: CITY COUNCIL STAFF REPORT CUP 96-27 - TEXACO July 16, 1997 Page 3 Ao The proposed use is in accord with the General Plan, the objectives of the Development Code, and the Terra Vista Community Plan, and the purposes of the district in which the site is located. B. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. go The proposed use complies with each of the applicable provisions of the Development Code and the Terra Vista Community Plan. 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. Respectful~ submitted, City Planner BB:TG:taa Attachments: Exhibit "A" - Letter of Appeal, dated June 23, 1997 Exhibit "B"- Planning Commission Staff Report, dated June 11, 1997 Exhibit "C"- Planning Commission Minutes, dated June 11, 1997 Exhibit "D" - Planning Commission Resolution No. 97-33, dated June 11, 1997 Resolution of Denial TAIT & ASSOCIATES. INC. CONSULTING ENGINEERS June 23.1997 Mr. Thomas Grahn City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91729 CUP #96-27 Texaco SWC Baseline/Milliken Rancho Cucamonga, CA Dear Mr. Grahn: Civil ~ Planning · Surveying · Environmental I RECE ',, JUN 2, 3 1997 UITY OF RA;~C~',:,J UUU/qA,'~U~Ur, CITY CLERK RECEtVED jUN ?. 4 997 t Ranc0O Cucatn°nt30' City O'ptanninO Division On behalf of Texaco Refuting and Marketing Inc., we respectfully request to appeal the decision from the June 11 th Planning Commission heating. Specifically, we are appealing the condition limiting the hours of operation. We request that the appeal hearing be limited to the issue of hours of operation. This condition is not acceptable to Texaco Refining and Marketing Inc. and we request that the City reconsider a 24-hour operation. Please find enclosed the appeal processing fee of $126.00. If you have any questions or comments, please contact me. cc: Bill Hicks, TRMI Jack Ayers, TRMI Very truly yours, TAIT & ASSOCIATES. INC.~ K. RICHARD TAIT Vice President 1100 Town & Country Road · Suite 1200 · Orange, CA 92868 · (714) 560-8200 · (714) 560-8211 FAX Other Locations: San Diego. CA · Concord. CA · Sacramento. CA · Phoenix. AZ · Tucson. AZ Established 1964 CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: June 11,1997 Chairman and Members of the Planning Commission Brad Buller, City Planner Thomas Grahn, Associate Planner ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-27 - TEXACO REFINING AND MARKETING. INC. - A request to develop a service station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land, and a master plan of the surrounding 1.9 acres of land, in the Office Park District of the Terra Vista Community Plan, located at the southwest corner of Milliken Avenue and Base Line Road - APN: 1077-672-37. PROJECT AND SITE DESCRIPTION: A, Surrounding Land Use and Zoning: North - Vacant; Park Site of the Terra Vista Community Plan South - Existing town home units; Medium Density Residential Distdct (8-14 units per acre) of the Terra Vista Community Plan East - Central Park Plaza; Neighborhood Commercial District of the Terra Vista Community Plan West - Existing town home units; Medium Density Residential District (8-14 units per acre) of the Terra Vista Community Plan B. General Plan Designations: Project Site - Neighborhood Commercial North- Park South - Medium Residential East - Neighborhood Commercial West - Medium Residential Go Site Characteristics: The project site is vacant and vegetation consists of grass and weeds. The site slopes gently to the south at an approximate 2.6 percent slope. The site is bounded by Base Line Road to the north, Milliken Avenue to the east, and existing 2-story town homes to the south and west. A Terra Vista Community gateway sign currently exists on the project site. PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 96-27 June 11, 1997 Page 2 D. Parking Calculations: Number of Numberof Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Service Station 2,515 1/250 10 10 Fast Food Restaurant 1,125 1/75 15 15 Out-door Patio Area 300 1/100 3 3 TOTAL 28 28 ANALYSIS: A. General: The proposed project includes a combination Texaco Star Mart and Del Taco drive- thru restaurant building totaling 3,864 square feet and a freestanding service station canopy totaling 3,808 square feet (see Exhibit "B"). The Texaco/Del Taco building is located adjacent to Base Line Road, with both business operations having pedestrian access from the south. Texaco will occupy the east side of the building and Del Taco will occupy the west side. The Del Taco drive-thru aisle wraps around the east, north, and west sides of the building with the product pick-up window located along the west elevation. The drive-thru aisle will be screened from Base Line Road and Milliken Avenue through a combination of berming and landscaping (see Exhibit "D"). A patio area is proposed to the west of the building and drive- thru aisle. The specifics of patio fumiture have not been reviewed and conditions of approval require City Planner approval prior to its installation. The project was designed to provide some architectural compatibility with Central Park Plaza, a shopping center located directly east of the project site. Proposed architectural elements provided with this project include variation in building mass, proportion, and scale; stucco finish; tile wainscot; tile accents; cornice details; precast columns; trellis elements; and large store front windows (see Exhibit "F"). The Design Review Committee determined that the proposed project exhibited a level of architectural treatment and detailing significant enough to establish a specific theme for the future master planned area and did not recommend any additions or deletions to proposed architectural elements. The proposed project is subject to the provisions of Resolution 88-96 which establishes specific development standards for drive-thru facilities. The resolution identifies certain concerns that include compatibility of use, circulation, and visual and aesthetic appearance requirements that must be addressed in the project design, except when the project is located within a shopping center or master plan. The Design Review Committee determined that because the project is located within a master planned commercial development, the minimum area and building setback requirements of Resolution 88-96 should not be applicable. The proposed project includes a total of 3 acres which will be subdivided into 2 parcels through Tentative Parcel Map 14001. The project site totals .1 acre and includes the proposed Texaco Star Mart and Del Taco restaurant. The remaining parcel contains 1.9 acres and is master planned for future development (see Exhibit "E"). PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 96-27 June 11, 1997 Page 3 B. Design Review Committee: On April 15, 1997, the Design Review Committee (Bethel, Macias, Coleman) reviewed the project and recommended approval subject to the following: Revise the north elevation to provide greater movement in the building plane by providing a pop-out element, similar to the west elevation, and flank the projection with a lattice cover. , The Committee determined that the overall concept and level of architectural treatment and detailing on this building are sufficient to establish a specific theme for the remainder of the project site. 3. Two additional precast column elements shall be provided on the west elevation. 4. Delete the red band around the base of the canopy element. . Trees shall be installed with Phase 1 along the interior perimeter of the project site, adjacent to the existing residences, to assist in screening and buffering those residences from the project site. 6. Provide shade trees south of the outdoor eating area. . Add tile medallion insets to the north side of the entry tower. Redraw the elevations to show a consistent height on the entry tower. Co Technical Review and Grading Committees: The Technical Review and Grading Committees reviewed the project and recommended approval subject to the conditions contained in the attached Resolution. D. Environmental Assessment: In completing the Initial Study, staff determined that there would not be a significant adverse impact upon the environment from this project. Issuance of a Negative Declaration is recommended. FACTS FOR FINDING: Before approving a Conditional Use Permit, the Planning Commission shall make certain findings that the circumstances prescribed below do apply: Ao That the proposed use is in accord with the General Plan, the objectives of the Development Code and the Terra Vista Community Plan, and the purposes of the district in which the site is located. ao That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. C. That the use complies with each of the applicable provisions of the Development Code and the Terra Vista Community Plan. PLANNING COMMISSION'STAFF REPORT CONDITIONAL USE PERMIT 96-27 June 11, 1997 Page 4 CORRF:SPONDENCE: 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. A letter was received from an adjacent homeowner stating her objection to the proposed project (see Exhibit "1"). RECOMMF:NDATION: Staff recommends approval through adoption of the attached Resolution of Approval with Conditions and issuance of a Negative Declaration. Respectfully submitted, City Planner BB:TG: Attachments: Exhibit"A" - Site Utilization Map Exhibit"B" - Detailed Site Plan Exhibit"C" - Grading Plan Exhibit"D" - Landscape Plan Exhibit"E" - Master Plan Exhibit"F" - Building Elevations Exhibit "'G" - April 15, 1997 Design Review Committee Comments Exhibit"H" - Initial Study Exhibit"l" - Letter of Opposition Resolution of Approval ,/ , m z 0 ~z <o.9_, j.,...' .,.,:~. ,,. ,, . .;i~.d. ,,~ 0o.. d~ ,,- ,,, ..,,,y ",-_-...-y /' · !!! lit Z I ~I, l '~'Z Z t_ ~ X B A--S-E t; t-N-E- - -t:t-e-A- O I11 Z ), I11 m o Z 0 i i z o i <0 i ~ k~:: ~ ';'·.'~;:: . ,,~ ,,~ ~?.~.,,:,-. ..~ '~ ~...~..'~5'~,,~ · .' "~ ,'.: I .,,, ........~.,~ ,,, ..~. ¥ ,~?'i..~'.~ "--. .~.," ' '" I On i %- ~ m m m m m m ! 0 Or,, ~? DESIGN REVIEW COMMENTS 8'30 p.m. Tom Grahn April 15, 1997 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-27- TEXACO REFINING AND MARKETING - A request to develop a service station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land, and a master plan of the surrounding 1.9 acres of land, in the Office Park District of the Terra Vista Community Plan, located at the southwest comer of Milliken Avenue and Base Line Road - APN: 1077-672-37. De'si gn Parameters' The project site is currently vacant. The site is bounded by Base Line Road to the north, Milliken Avenue to the east, and existing 2-story town homes (Tract 13271) to the west and south. A Terra Vista Community gateway sign currently exists on the project site. The project site includes a total of 3 acres Milch will be subdivided into 2 parcels. The project site (Parcel No. 1) is 1.1 acres and includes the proposed Texaco service station and Del Taco restaurant. The remaining parcel (Parcel No. 2) contains 1.9 acres and includes a master plan for future development. The project design includes a combination Texaco Star Mart and Del Taco drive thru restaurant building totaling 3,864 square feet and a service station canopy totaling 3,808 square feet. Staff Comments' The following comments are inter~ded to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion o regarding this project: The Texaco/Del Taco building will be the first development of tkis center and the building design and will establish the architectural program for the remainder of the master planned area. The applicant has indicated an intent to match the architectural treatment and detailing of the Central Park Plaza shopping center, located directly east of the project site. Therefore, it is important that the project design exhibit a level of architectural treatment and detailing to establish a specific theme for this development. This is not to say that the building design should follow the same architectural style as the Central Park Plaza, only to resemble its materials, massing, proportion, and scale. The project design currently contains a parapet and flat roof designs. All buildings within the Central Park Plaza incorporate a tile roof with both hip and gable designs, however, there are fiat roof tower elements throughout the project site. The proposed project should be revised to more closely resemble the roof massing and materials of the Central Park Plaza. 2. The applicant will be providing pictures of the Central Park Plaza indicating architectural ~) ,[.~" elements that will be incorporated into the Master Plan for this project to establish design standards for this vroiect. Title' Date' Exhibit' . DRC COMMENTS CUP 96-27- TEXACO April 15, 1997 Page 2 Secondary Issues: Once all of the major issues have been addressed, and time pertaining, the Committee will discuss the following secondary design issues: 1. Provide additional precast column elements to the west elevation (see attached exhibit). . Landscaping should be installed along the interior perimeter of the project site, adjacent to the existing residences, to assist in screening and buffering the project site. This landscape buffer should be a minimum of 15 to 20 feet wide and should include clusters of tree plantings, shrubs, and ground cover. . The plant species, planting and density, and size of plant materials (trees, shrubs, and ground cover, etc.) will be conditioned to comply with City standards. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: The Sign Ordinance identifies a maximum of 3 s. igns for any 1 business. The elevations identify Del Taco signage on both monument signs and the west and south building elevations. This signage should be revised to comply with City requirements. The elevations of the canopy include a red band around the base of the canopy element. The red band constitutes signage and should be deleted from the elevation. The proposed project is subject to the provisions of Resolution 88-96 which identifies development standards for drive-thru facilities. That resolution identifies certain setback and minimum area requirements that must be addressed except when the project is located within a shopping center or Master Plan. Because the project site is located on vacant land and only utilizes a portion of the project site the entire site was master planned to address its future 'development. Staff Recommendation: Staff recommends that the project be redesigned and returned for review by the Design Review Committee. Attachment Design Review Committee Action: Members Present: Bill Bethel, Rich Macias, Dan Coleman Staff Planner: Tom Grahn DRC COMMENTS CUP 96-27 - TEXACO April 15, 1997 Page 3 The Committee recommended approval of the project subject to the following: 9 . . . . . Revise the north elevation to provide greater movement in the building plane. By providing a pop-out element, similar to the west elevation, and flank the projection with the lattice cover, (see attached sketchs). The Commit'tee determined that the overall concept and level of architectural treatment and detailing on this building are sufficient to establish a specific theme for the remainder of the project site. Two additional precast column elements shall be provided on the west elevation. Delete the red band around of the base of the canopy element. Trees shall be installed with Phase I along the interior perimeter of the project site, adjacent to the existing residences, to assist in screening and buffering those residences from the project site. Provide shade trees south of the outdoor eating area. Add tile medallion insets to north side of entry tower. Redraw elevations to show consistent height on entry tower. 7/ ® ® I ® 75 City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Pubtic Resources Code. Project File No.: CUP 96-27 & PM 14001 Public Review Period Closes: June 11, 1997 Project Name: Project Applicant: Texaco Refining and Marketing Project Location (also see attached map): Located at the southwest corner of Milliken Avenue and Base Line Road- APN: 1077-672-37 Project Description: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-27 AND TENTATIVE PARCEL MAP 14001 - A subdivision of 3.5 acres of land into 2 parcels and a request to develop a service station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land and a master plan of the surrounding 1.9 acres of land in the Office Park Distdct of the Terra Vista Community Plan, located at the southwest corner of Milliken Avenue and Base Line Road- APN: 1077-672-37. 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. I--1 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. !f 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. June 11. 1997 Date of Determination Adopted By 7'/ I:\TOM\CEQA\CUP96-27.PT2 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND , Project File: Conditional Use Permit 96-27 Tentative Parcel Map 14001 Description of Project: A request to develop a service station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land, a master plan of the surrounding 1.9 acres of land, and the subdivision of 3 acres into 2 parcels. . Project Sponsor's Name and Address: Texaco Refining and Marketing, Inc. 3631 Harbor Boulevard Santa Ana, CA 92704 , General Plan Designation: Neighborhood Commercial . Zoning: Office Park District of the Terra Vista Community Plan . Surrounding Land Uses and Setting: To the north is the site of the future Central Park, to the east is an existing commercial center, to the south and west are existing townhomes. . Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 , Contact Person and Phone Number: Thomas Grahn, Associate Planner (909) 477-2750 Other agencies whose approval is required: South Coast Air Quality Management District (AQMD) San Bernardino County Department of Environmental Health Services (DEHS) Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga 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 ( ) Population and Housing ( ) Geological Problems (v') Water (v') Air Quality (v') Transportation/Circulation ( ) Biological Resources ( ) Energy and Mineral Resources (¢) Hazards (v') Noise (,/') Mandatory Findings of Significance ( ) Public Services ( ) Utilities and Service Systems (v') Aesthetics ( ) Cultural Resources ( ) Recreation DETERMINATION On the basis of this initial evaluation: (v') I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. () I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to 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. () Signed: I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. T'~omas Grahn Associate Planner May 19, 1997 Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga 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. . Issues and Supporting Information Sources: Potentially Impact Less Polentially Unless Than Sign~.ant M~igat~on S~gn~nt No Imp~ In~rat~ Impa~ Imoam c) d) LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ( ) ( ) ( ) (v') b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) ( ) () (v') Be incompatible with existing land use in the vicinity? () () () Disrupt or divide the physical arrangement of an established community? ( ) ( ) ( ) , Issues and Supporting Informabort Sources: POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? Potem~ally S~gn¢c, ant Impact Less Potentially Unless Than () () () (v') () () () () () () (,,/) , Issues and Supporting Information Sources: GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) b) Fault rupture? Seismic ground shaking? Potentially Impact Less Potentially Unless Than $igfiif'~t MitH~etX~n S,gnE~ant No Impact Incofl:x~¢aled Impact Impa~ () () () (v,) () () () (,/') 77 Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 4 Issues and Suppoct~ng Informat~o~ Sources: c) d) e) g) h) i) Seismic ground failure, including liquefaction? Seiche hazards? Landslides or mudflows? Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? Subsidence of the land? Expansive soils? Unique geologic or physical features? Potentially Signrficant Impact Lass PotentiallyUnties Than SigmficantMit~atio~ SignificantNo Impact Incorooratm:lImpact Impact () () () () () () () () () () () () () () () () () () () () () (v') (v') (v') o Issues ~ Supporing Info,matron Sourc~a: WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? b) c) d) e) Pote~tm~, Iml~act g) h) i) () Exposure of people or property to water related hazards such as flooding? ( ) Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? ( ) Changes in the amount of surface water in any water body? ( ) Changes in currents, or the course or direction of water movements? ( ) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? Impacts to groundwater quality? Substantial reduction in the amount of groundwater otherwise available for public water supplies? () () () () () () () () () IreDaCt () () () () () () () () No Imo~ () (v') (v') (~,) Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 5 Comments' a) Adoption of the proposed project will increase the amount of paved surface area which could result in a decrease in absorption rates and an increase in the amount of surface water runoff. All runoff will be conveyed to existing drainage facilities which were designed to handle the subject water flows generated from the project site. No mitigation is required. . Issues anti Sup¢~on.'~g Information Sources: AIR QUALITY. Would the proposal.' a) b) c) d) Potentially Sign~..ant Impact Less Potentially Unless Than Sigrtif'~t Mitigateoil Sign~'~! No Impa~ I~at~ Impa~ Imp~ Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) ( ) ( ) (v') Expose sensitive receptors to pollutants? ( ) ( ) (v0 ( ) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) ( ) (v,') ( ) Create objectionable odors? ( ) ( ) (v,') ( ) Comments: b-d) With the proposed development of a service station and drive-thru fast food restaurant adjacent to existing residential and commercial land uses, the air quality impacts from this development upon the residential development to the west and south are critical. The project will generate vehicle trips and potentially emit pollutants into the atmosphere and alter air movements in the micro environment. Permits will be required by the AQMD and DEHS for any uses that would potentially create any pollutants or other objectionable odors. The proposed project must also meet state and federal standards for emissions of gas, fumes, odors, etc. No mitigation is required. Issues ~ Sul~.'~ Infocmet~o~ Sources: . POle'~lJllly Sign~'~nt ' Iml~act Less Pot~'ttially Unless ~n S~ M~ S~t NO Im~ In~a~ Im~ TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) ( ) (v') ( ) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ( ) ( ) ( ) (~') c) Inadequate emergency access or access to nearby uses? () ( ) ( ) (v') Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 6 Issues and Support~r~ Information Sources: d) e) O g) Insufficient parking capacity on-site or off-site? Hazards or barriers for pedestrians or bicyclists? Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Rail or air traffic impacts? Potentially S~nff'~,ant Impact () () Potentially S~n~icant Impact Less Unless Than Mitigation Signrficant In¢or13o~ated tipact () () () () No () () () () () () (v') Comments: a) The project will be constructed outside any public rights-of-way, will not interfere with such transportation system components, and will be designed to meet all applicable rights-of-way improvements. The project will generate additional vehicular movement in a localized area. The City's General Plan EIR and Terra Vista Community Plan EIR address the short-term and long-term cumulative impacts of traffic upon these streets. Based on this information, the proposed project has no potential to alter the present pattern of circulation. No mitigation is required. o issues and Sul~ling Informat~ Sota'cm$: BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) b) c) d) e) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? Wetland habitat (e.g., marsh, riparian, and vernal pool)? Wildlife dispersal or migration corridors? () ( ) () (v') () () () (v') (), () () (¢) () () () () () () Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 7 0 Issues end Sup!~3¢t~ng Infom,~ation Sources: Potentially Signrficant Impact Less PotentiallyUnless Than S~gn d'~,antMitigationS ~n~..ant No IreDact Incoq:)oratedImpact Impact 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? ( ) () () () () (v') () () (v') e Issues and Suplx~ng Information Sources: Potenually Iml:~act Lees Potentially Unless Than S~gnd'~..,am Mibgeaon Signrficent No Impact Incor'l:x3rated Impact Impact HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazard? ( ) d) Exposure of people to existing sources of potential health hazards? ( ) Increased fire hazard in areas with flammable brush, grass, or trees? ( ) e) () (v') () () () (v') () (v') () () () (v') () () (v') Comments: a & c) The project will be regulated by, and required to obtain permits from, the AQMD and DEHS. Operation of the facility must meet all state and federal standards for air emission and public safety. No mitigation is required. Issues and Supporting Infon'natJon Sources: 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? Potent.ally S.~nEicant Impact Less Potentially Unless Than Significant M~tagat~o~ Significant No Impact Incoqx~ated Impact Impact () () (v') Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 8 Is. sues &'acI Suppo~ng InformatK~a Sources: b) Exposure of people to severe noise levels? Potent:ally SignScant Impact Potenbally S~gn~ant Impact Less Unless Than Mitigation S ignif'~.ant Incorootal~l No Impact () () () (v') Comments: a) Noise reduction and insulation features must achieve compliance with the maximum exterior noise levels for the adjoining residential areas which is 55 d.boa. during the hours of 10:00 p.m. to 7:00 a.m. and 60 d.b.a. during the hours of 7:00 a.m. to 10:00 p.m. Maximum residential interior noise levels are 40 d.b.a./45 d.b.a. The applicant prepared a Noise Study to address exterior noise levels within the project and exteriodinterior noise levels within the adjoining residential neighborhoods. The Noise Study concludes that the project will not adversely impact the adjoining residential areas as a result of a distance separation, on-site buildings, and the existing 6-foot high perimeter wall. Based on this information, the proposed project will not impact the adjacent residential areas. No mitigation is required. 11. Is. sues and SulN:X~"~ Informarran Sourers: PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) b) c) d) e) Fire protection? ( ) Police protection? ( ) Schools? ( ) Maintenance of public facilities, including roads? ( ) Other governmental services? ( ) ( ) () (v') () () (,/) () () (v') () () (v,) () () (v') 12. Issues am::l Su~ Info~nabofi SO~.~Ce~.* UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the foilowing utilities: a) b) Power or natural gas? Communication systems? S~gn¢.:ant Potentrally S~gn~.am Impa~ Less Unless Than Mitigat~'l Signal'cant No Incor1~rltld Impact Impact () () () (v') () () () (v') Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 9 Issues and Suplx~bng Info,'matron Sources: c) d) e) r) g) Local or regional water treatment or distribution facilities? Sewer or septic tanks? Storm water drainage? Solid waste disposal? Local or regional water supplies? Potentially Signrficant Impact Potentially SignScant Impact Less Unless Than Mmgat~on Sigmficant IncorporatedImpact No IreDact () () () (v') () () () (,/') () () () (v') () () () () () () (v,) 13. Issues encl Supl~x~rting Informet~'t Sources: AESTHETICS, Would the proposal: a) b) c) Affect a scenic vista or scenic highway? Have a demonstrable negative aesthetic effect? Create light or glare? Potent~illy S~gn~am Impact () () () Pot®rurally S~gn~cant Impact Unless M~t~gat~on Incoqx~reted () () () Less Sign~c..ant Impact () () (,,,) No Impact (,,,) () Comments: c) The project site is site located within an urbanizing area which has no light sensitive uses. The only outdoor lighting associated with the project will be for security purposes or to illuminate entrances and parking areas. This type of lighting is common to the project area, including existing commercial areas to the east as well as residential areas to the south and west, and will not significantly alter the present condition or result in significant adverse impacts. Light fixtures will be designed to comply with City Standards. No mitigation is required. 14. Issues am:l Suing'ting Info,matron ~ CULTURAL RESOURCES. Would the proposal.' a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical or cultural resources? () () () (v') () () () (,,') () () () (v,) Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 10 Issues end Supl:x~mg Information Sources: 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? Potent,ally Sigmficant Potentially Sign~.ant Impact Less Unless Than Mitigation Sign~.ant IncorDorated Impact No Impact () () () (v') () () () (v') 15. Issues and Sup13orllng Information Sources: RECREATION. Would the proposal.' a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? Potent,ally Impact Potentially Sign~.ant Impact Less Unless Than Mit~gatc~ S,gn~.ant Incorporated IreDact No Imoact () ( ) ( ) (~') () () () (~') 16. Issues and Su131x~g Infoe'mation Sources: MANDATORY FINDINGS OF SIGNIFICANCE. a) b) c) 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? Short term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? -:3o" Potentrally Img~ct Potentrally S,gnE~,ent Imgect Less Unleu Than M~figetc~ SignE~ent Inco~3ocat e~ Impact No Impact () () () (~') () () () (~') () () (,~) () () () () (~) Initial Study for Conditional Use Permit 96-27 City of Rancho Cucamonga Page 11 Cdmments: c) The proposed project will pay development impact fees established by the City, the rates of which have been designed to mitigate the potential impacts to fire protection services, police protection services, parks or other recreational facilities, and other governmental services to a level of non-significance. To the extent the project may impact upon utility resources provided by private utility companies, potential impacts upon such resources will be mitigated by the payment of rates and charges to these companies. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (,,,,) General Plan EIR (Certified April 6, 1981 ) (v,) Master Environmental Assessment for the 1989 General Plan Update (SCH ¢¢88020115, certified January 4, 1989) Terra Vista Planned Community EIR (SCH ¢¢81082808, certified February 16, 1983) (v') Texaco/Starmart Noise Study (Prepared May 8, 1997) APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Signature: Print Name and Title: RECEIVED MAY 1 2 19~7 City of Rancho Cucamon~a Planning Divisiofi TEXACO / STARMART BASELINE RD. AT MILLIKEN AVE. NOISE STUDY Rancho Cucamonga, California 3 A 8 E-L--I-N .- KOAB KJK K"OKR'1' K~J4N · JOI4N KAIN*k AS:SOCIAT[$ ~~ ROBERT KAHN . IOHN KAIN & ASSOCIATES INC. May 8, 1 997 Mr. Richard Tait TAIT & ASSOCIATES, INC. P.O. Box 4429 800 N. Eckhoff Street Orange, CA 92613 Subject: Texaco/Starmart Southwest Corner of Baseline Road at Milliken Avenue City of Rancho Cucamonga Revised Acoustical Study (CUP 96-27) Dear Mr. Tait: ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. (RKJK) is pleased to submit to TAIT & ASSOCIATES, INC. the attached revised noise study for the Texaco/Starmart located at the southwest corner of Baseline Road at Milliken Avenue noise study in the City of Rancho Cucamonga. This study has been prepared to examine off-site noise impacts to the adjoining residential areas with the development of the proposed site. The attached report indicates that the proposed uses within the site will be compatible from an acoustical standpoint with the recommendations included in this report. Furthermore, the existing walls adjacent to the site will adequately protect the adjoining residential areas. RKJK is pleased to assist TAIT & ASSOCIATES, INC. on the Texaco/Starmart noise . study project and look forward to working with you in the future. S incer ely, ~..~,~A~ ~. S,~O~-~ ROBERT KAHN, JO.~~~'~T~~TES, INC. · · Robert Kahn, P.E. Principal RK:kgd/6792 I'10. 2u2~ . EXP. g/301g'/ .J JN:491-97-001 Attachments ,! TR,-kNSP©RT,ATIC)N PLANNIN(; · (;15 · TR.\FF[(' .\COL:STIC,.\L ENC';INEERING I601 Dn~,e :street. Suite 2c)0 · >,e,.,.purt B,-aci~. (-\ '~'_'~6l) · -~i~one: ~71-.!.~ 474,-()809 · 9'7 Fax: 17141 4-4-0902 TEXACO/STARMART SOUTHWEST CORNER OF BASELINE ROAD AT MILLIKEN AVENUE NOISE STUDY RANCHO CUCAMONGA, CALIFORNIA (REVISED) Prepared for: TAIT & ASSOCIATES, INC. P.O. Box 800 N. Eckhoff Street Orange, CA 92613 Prepared by: ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. 1601 Dove Street, Suite 290 Newport Beach, CA 92660 May 8, 1997 JN:491-97-001 RK:kgd/6792 TABLE OF CONTENTS SECTION PAGE EXECUTIVE SUMMARY ..................................... I INTRODUCTION .......................................... 4 NOISE STANDARDS ....................................... 6 Noise Rating Scales ...................................... 6 Community Noise Assessment Criteria ......................... 8 NOISE MONITORING ...................................... 10 Measurement Procedure and Criteria .......................... 10 Measurement Results .................................... 1 2 ON-SITE NOISE EXPOSURE ANALYSIS AND CONTROL ............... 14. CONCLUSIONS .......................................... 18 APPENDICES LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENTS CITY OF RANCHO CUCAMONGA .............................. A GLOSSARY OF ACOUSTICAL TERMS ........................... B NOISE CALCULATION WORKSHEETS ........................... C LIST OF EXHIBITS EXHIBIT PAGE A LOCATION MAP ................................... 2 RECOMMENDED NOISE MITIGATION MEASURES ............ 3 C SITE PLAN ....................................... 5 D TYPICAL OUTDOOR COMMUNITY NOISE EQUIVALENT LEVELS . . 7 NOISE IMPACT ANALYSIS LOCATIONS ................... 1 1 LIST OF TABLES TABLE EXISTING NOISE LEVEL MEASUREMENTS PAGE 13 EXTERIOR NOISE IMPACTS AT THE ADJACENT RESIDENTIAL AREAS ................................ 15 INTERIOR NOISE IMPACTS AT THE ADJACENT RESIDENTIAL AREAS WINDOWS OPEN ................... 16 4. INTERIOR NOISE IMPACTS AT THE ADJACENT RESIDENTIAL AREAS WINDOWS CLOSED ................. 17 TEXACO/STARIVIART SOUTHWEST CORNER OF BASELINE ROAD AT MILLIKEN AVENUE NOISE STUDY RANCHO CUCAMONGA, CALIFORNIA EXECUTIVE SUMMARY An acoustical analysis has been completed to determine the off-site noise impacts of the proposed Texaco/Starmart development to the adjacent residential community. The site is located at the southwest corner of Milliken Avenue and Baseline Road in the City of Rancho Cucamonga (shown in Exhibit A). The results of this analysis indicate that future noise generated at the Starmart, from the drive-thru and by fuel delivery trucks will be the primary sources of noise impacting the adjoining residential property. The site will not adversely impact the residential areas which are located to the south and west of the proposed development as a result of the existing noise barriers adjacent to the residential areas. The existing 6-foot wall will adequately mitigate noise from on-site vehicle operations, the drive-thru adjacent to the Starmart building and fuel deliveries to the Texaco station to shield the homes located in this area. !t is recommended that fuel delivery trucks be scheduled between 7:00 AM to 10:00 PM. Project noise mitigation measures are shown in Exhibit B. Future development adjacent to the site will further buffer noise impacts to the residential areas. EXHIBIT A LOCATION MAP /- SITE HIGHLAND AVE. BASELINE RID. N ~,91-97-001:01A 'I'1EXACO/STA~MART- BASF. LINE: RD. AT MILLIKEN AV!~., RQnc~o (;ucQrnonga, C;alifornic~ 2 R KJ.K~ ~ EXHIBIT B RECOMMENDED NOISE MITIGATION MEASURES D ~ 3 r. L--I-N £ n-~-A-D 7~ ~ ~ 10~0~ P~ 4.91 --9'7--001:02.A TE~/STARII,ART-- 8ASE3.1NE RD. AT lilt,LIKEN AVE.. Rancho CucQmonga. ¢~31itornia 3 INTRODUCTION This report presents the results of an off-site noise impact study for the Texaco/Starmart development located at the southwest corner of Milliken Avenue at Baseline Road in the City of Rancho Cucamonga. The project would include a Texaco self-serve gas station located on the southerly side of the site and a Starmart convenience market with a drive-thru located along Baseline Road (see Exhibit C). Included in this report is a discussion of the off-site noise impacts and recommendations for control site generated noise impacts. The general location of the proposed project is shown on the location map (Exhibit A). The site plan and preliminary grading plans were prepared by TAIT & ASSOCIATES, INC.. The City of Rancho Cucamonga Land Use Compatibility for Community Noise Environments is included in Appendix "A". The City of Rancho Cucamonga utilizes the Land Use Compatibility for Community Noise Environment as the basic criteria for determining land use compatibility with respect to noise impacts. The applicant will be required to comply with the following conditions: Noise reduction and insulation features must achieve compliance with the maximum exterior noise levels for the adjoining residential areas which is 55 dBA during the hours of 10:00 PM to 7:00 AM and 60 dBA during the hours of 7:00 AM to 10:00 PM. Maximum residential interior noise levels are 40 dBA/45 dBA. The applicant will be required to submit a noise study prepared by an acoustical engineer to address exterior noise within the project and exterior/interior noise within adjoining residential neighborhoods. EXHIBIT C SITE PLAN . )Jlrt i' j~ . I L,..i ~' ~ i * . ] ,,,,,~ ~,_..._1 ~1 P ·,,. I!~ II. .+?~.;,ut4~ il r' -= . · ! · ~%.~/-..':.'!,.,.=.,.~ ~ ,.,,,._.,~ ,=. -., r - . ,;-L,,..? '.. -"""~. ' ''-" :--. ;,,,r~ i J~, ,. I EL'~'~.'-'*.'~J'! III !J I: "=';  \1~ t .... . ..... 1,1., · ~. .' ..- · ~/ ~'k,,,'" ': ' ' ~ · · .%'~ ,_1 ',. J ?r-r'C'-:!l..... · ,,'', .'"'~. L ~,-,,.-...'~, ~; ~ ,,~ ~"""""""""~m_ ' ..,,'f p',g,,.;. · ,~,.,:,,, ~ ~,~ ,~-- ,-I-I-I-,,,'I.T.t..I.I., ~ ,~'~'~.' · · '" . / ----'", \ \-,~- 'l .~'.' '11'~".' ~, . ,::.:,~ ! ..x,, ....,,,. · '.:'"'4i , :':' ! '*~-~'~'"'"? , !'! ' N 4.91-97-001:05A 'f-r. XACO/STARMART-- BA..%ELINE RD. AT MILLIKEN AVE., NOISE STANDARDS The City of Rancho Cucamonga off-site noise impact standards which have been applied to this project are as follows: MAXIMUM OFF-SITE NOISE IMPACTS (dBA) TIME FRAME DAY OFF-SITE RESIDENTIAL AREA Exterior Interior EVENING 7:00 AM TO 10:00 PM 1 0:00 PM TO 7:00 AM 60 55 45 40 These standards have been reviewed with respect to the potential noise impacts generated by the site. A glossary of acoustical terms is included in Appendix "B". Typical outdoor noise levels are shown in Exhibit D. Noise Rating Scales A number of noise rating scales are used in California for land use compatibility assessment. These scales are: the Equivalent Noise Level (LEQ), the Day Night Noise Level (LDN), and the Community Noise Equivalent Level (CNEL). These scales are described in the following paragraphs: A-weighted decibels (dBA) are the most common units used for measuring the loudness of a noise event. The human ear has different sensitivity to different frequencies of sound (noise). A-weighting is an attempt to give the noise 6 EXHIBIT D TYPICAL OUTDOOR COMMUNITY NOISE EQUIVALENT LEVELS CNEL IN DECIBELS 90 70 60 50 . 4.0 30 OUTDOOR LOCATION ALONG SIDE A BUSY FREEWAY 3/4. MILE FROM TOUCHDOWN AT MAJOR AIRPORT DOWNTOWN WITH SOME CONSTRUCTION ACTIVITY URBAN HIGH DENSITY APARTMENT URBAN ROW HOUSING ON MAJOR AVENUE OLD URBAN RESIDENT~L AREA WOODED RESIDENTIAL AGRICULTURAL CROP LAND RURAL RESIDENTIAL WILDERNESS AMBIENT SOURCE: U.S. ENVIRONMENTAL PROTECTION AGENCY, PROTECTIVE NOISE LEVELS. 4.91-97-001:05A TEXACO/STARI, aART -BASF. JJNE RD. AT MILLIKEN AV~.:"'"R-~'cho CucQmongo, C~tiforni~: 7 monitor the same frequency sensitivity as the human ear. Technically, it is the measurement of the energy being received when listening to (or monitoring) a source of noise. For example, the loudness of a highway may be 65 dBA when measured 50 feet away. The sound decreases as one moves away from the source, and the same highway would have a noise level of 62 dBA at 100 feet. The relationship between how one perceives a sound and the actual sound energy emitted by the source of noise is very complex. However, a good rule of thumb is that if a noise increases 10 dBA, its apparent loudness will double. Therefore, a noise that is 70 dBA will appear twice as loud as a 60 dBA noise. The LEQ scale represents the energy average noise level over a sample period of time. It represents the decibel sound level that would contain the same amount of energy as a fluctuating sound level over the sample time period. The LDN scale represents a time weighted 24 hour average noise level based on the A-weighted decibel. Time weighted refers to the fact that noise occurs during certain sensitive time periods is penalized for occurring at these times. For the LDN scale the nighttime period (10 p.m. to 7 a.m.) noises are penalized by 10 dBA. The CNEL scale is similar to the LDN scale except that it includes an additional 5 dBA penalty for the evening time period (7 p.m. to 10 p.m.). Community Noise Assessment Criteria In community noise assessment, changes in noise level greater than 3 dBA are often identified as significant, while changes less than 1 dBA will not be discernible to the human ear. in the range of I to 3 dBA, people who are very sensitive to noise may perceive a slight change. No scientific evidence is available to support the use of 3 dBA as the significance threshold. In laboratory testing situations, humans are able to detect noise level changes of slightly less than 1 dBA. However, in a community situation, the noise exposure is extended over a long time period, and changes in noise levels occur over years rather than the immediate comparison made in a laboratory situation. Therefore, the level at which changes in community noise levels become discernible is likely to be some value greater than 1 dBA, but 3 dBA appears to be appropriate for most people. Typical outdoor noise levels in terms of the CNEL scale are presented in Exhibit D. NOISE MONITORING Measurement Procedure and Criteria To determine the existing noise environment and to assess potential noise impacts upon the adjacent residential areas, noise measurements were taken at two (2) locations adjacent to the existing residential areas. Noise monitoring locations were selected based on where the future Texaco/Starmart facility would have its greatest impact to the adjoining residential areas. In this way, impacts from the site can be compared to existing ambient conditions. The location of the noise monitoring sites are shown in Exhibit E. Noise monitoring was conducted on April 30, 1997 (Wednesday) from 8:30 AM to 9:00 PM. The purpose of the noise monitoring was to review current noise levels in the vicinity of the site and adjacent residential areas. These short-term monitoring studies are typical for assessing existing ambient conditions at a site. The primary site generated noise will be from the operation of the Starmart drive-thru and Texaco fuel delivery trucks. RKJK has previously measured: (1) drive-thru traffic/speaker noise; and (2) delivery trucks. Additional noise measurements were taken at the project site to assess the existing (ambient) noise conditions, The instrument used was a LARSON-DAVIS Model 700 precision integrating sound level meter, programmed, in "slow" mode, to record noise levels in "A" weighted form. The sound level meter was calibrated before and after the monitoring with a LARSON-DAVIS calibrator, Model CA 250. The sound level meter and microphone were mounted on a tripod, five feet above the ground and equipped with a wind screen during all measurements. The above instrument automatically calculates the "percent noise levels" (Ln) for any specific time period. NOISE IMPACT ANALYSIS EXHIBIT E LOCATIONS ., . LEGEND~ Q - NOISE MONITORING LOCATIONS N 4.91-97--001:04A TE. XACO/b"{ARI~ - BASELINE: RD. AT MILUK£N AVF.., RancMo Cucamonge, Culifomi= 11 The percent noise level "Ln" is useful to evaluate intermittent noise sources. The percent noise level is the level exceeded "n" percent of the time during the measurement period. L~o is the noise level exceeded 90 percent of the time measured, commonly used to estimate the "ambient" noise level. L~ is the noise level exceeded 50 percent of the time measured and can be seen as the "average" noise level. L~o is the noise level exceeded 10 percent of the time measured, and represents the peak or intrusive noise level. Measurement Results The results of the noise level measurements are presented in Table 1. Each site was monitored for a minimum time period of 10 minutes. Based on the noise measurement results presented in Table 1, the project site currently experiences ambient noise levels of Leq = 53.4 to 54.9 dBA and a L,~ = 64.5 to 66.0 dBA during peak traffic conditions. These measurements were made approximately 10 feet outside of the residential walls. It is anticipated that these levels would be reduced by at least 5 dBA within the backyards of the adjoining homes. Noise levels from the drive-thru were based upon previous measurements by RKJK at a drive-thru facility. The drive-thru speaker phones and vehicles produced an Leq = 60.6 dBA and a Lm.~ --- 67.6 dBA at 50 feet. While the drive-thru speaker phone was audible during the monitoring period, it was overshadowed from time to time by vehicular noise. Noise levels for fuel delivery trucks were based upon data collected by RKJK for delivery trucks. These noise impacts at the reference distance of 50 feet are shown in Table 1. TABLE I EXISTING NOISE LEVEL MEASUREMENTS NOISE LEVEL (dBA) Site 1~ 53.4 66.0 47.5 59.5 55.5 53.5 Site 22 54.9 64.5 49.0 60.5 57.5 55.5 Drive-thru2 60.6 67.6 57.0 66.0 62.5 60.5 Fuel Delivery Trucks2 63.9 68.5 68.5 68.5 68.0 65.0 51.5 53.5 59.5 62.5 .. As measured by ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. on 4/30/97 (8:00-9:00 AM). Measurement approximately 10 feet from outside of residential wall. Noise level at 50 feet. ON-SITE NOISE EXPOSURE ANALYSIS AND CONTROL This section examines the potential off-site noise impacts from the Texaco/Starmart development to the adjoining residential area. There are currently existing residential uses located south and west of the proposed development. Also, there is a 6-foot masonry block wall which provides shielding between the proposed development and the existing residential uses. The existing residential uses consists of 1 and 2-story homes. Future development between the Texaco/Starmart site will further buffer noise impacts from the site. Based upon previous noise measurements of potential on-site noise generators, noise impacts have been determined for the adjacent areas. Noise calculation worksheets are included in Appendix "C". The attached Table 2 indicates the projected exterior noise impacts from the drive-thru and fuel delivery trucks to these areas. The City standard for the residential areas are also included in Table 2. Based upon the projected noise levels, the proposed project will not exceed the daytime or evening exterior standards. The existing 6-foot masonry block wall provides adequate noise mitigation for the site. The City conditions also require that the residential interior standards also be satisfied. Table 3 and 4 presents the anticipated interior noise projections as a result of the development of the site for both first and second floor residential units. For purposes of this analysis, both windows open (Table 3) and windows closed (Table 4) conditions have been evaluated. As shown in Table 3, the City noise standards can be achieved assuming a windows closed condition for first and second floor residential units. This is a reasonable assumption given the location of these homes which are impacted by both Baseline Road and Milliken Avenue. 14 TABLE 2 EXTERIOR NOISE IMPACTS AT THE ADJACENT RESIDENTIAL AREAS RESIDENTIAL SITE LOCATION Site 1 Site 2 WITHOUT EXISTING RESIDENTIAL 6-FOOT WALL MAXIMUM OUTDOOR NOISE LEVEL (dBA) NOISE STANDARD DRIVE-THRU FUEL TRUCKS 49.9 59,0 53.3 57.9 DAY 60 60 NIGHT 55 55 RESIDENTIAL SITE LOCATION Site 1 Site 2 WITH EXISTING RESIDENTIAL 6-FOOT WALL MAXIMUM OUTDOOR NOISE LEVEL (dBA) DRIVE-THRU FUEL TRUCKS 44.2 53.4 47.5 52.2 NOISE STANDARD DAY 60 60 NIGHT 55 55 15 TABLE 3 INTERIOR NOISE IMPACTS AT THE ADJACENT RESIDENTIAL AREAS WINDOWS OPEN' 1ST FLOOR INTERIOR RESIDENTIAL DRIVE-THRU FUEL SITE LOCATION TRUCKS Site 1 32.6 41.6 Site 2 35.7 40.6 NOISE STANDARD DAY NIGHT 45 40 45 4O WINDOWS OPEN~ 2ND FLOOR INTERIOR RESIDENTIAL DRIVE-THRU FUEL SITE LOCATION TRUCKS Site 1 37.5 46.6 Site 2 40.8 45.5 NOISE STANDARD DAY NIGHT 45 40 45 4O Interior noise impacts assume a minimum of 1 2 dBA noise reduction with windows open. 16 TABLE 4 INTERIOR NOISE IMPACTS AT THE ADJACENT RESIDENTIAL AREAS WINDOWS CLOSED~ 1 ST FLOOR INTERIOR RESIDENTIAL DRIVE-THRU FUEL SITE LOCATION TRUCKS Site 1 24.6 33.6 Site 2 27,7 32.6 NOISE STANDARD DAY NIGHT 45 40 45 40 WINDOWS CLOSED~ 2ND FLOOR INTERIOR RESIDENTIAL DRIVE-THRU FUEL SITE LOCATION TRUCKS Site 1 29.5 38.6 Site 2 32.8 37.5 NOISE STANDARD DAY NIGHT 45 40 45 40 Interior noise impacts assume a minimum of 12 dBA noise reduction with windows open. CONCLUSIONS An acoustical analysis has been completed for the Texaco/Starmart development. The analysis indicates that the future noise environment is expected to be dominated by traffic noise exposure from Milliken Avenue and Baseline Road. The primary sources of noise generated from the site to the adjoining residential areas will come from the Starmart drive-thru and fuel deliveries to the Texaco site. However, the existing 6- foot residential wall and future buildings adjacent to the site will adequately shield the existing residential development. The project will not adversely impact the adjoining residential areas to the south or west of the project as a result of a distance separation, on-site buildings and the existing 6-foot wall. In order to minimize noise impacts from the site, fuel delivery trucks should be scheduled between 7:00.AM and 10:00 PM. This analysis and this report comply with the applicable City of Rancho Cucamonga requirements for CUP 96-270. 18 /o? CITY.,OF R ~~'~'. ~0~AMONG A "8-~ PLANh~ t~n~%associated with this project development. He stated his client is fully aware that the act carries civil I sanctions. He reported Lauren Development requested that the Army Corps of isit the site and the Corps confirmed they do not have jurisdiction on the site. He said the Department of Fish and Game visit the site to be sure there are no riparian areas under its/jurisdiction and it was determined that is not an issue. He reported that Lauren hired a team of/Gnatcatcher biologists to survey the site and no birds were found on the site or in the immedi~e area bordering the site. He stated California Department of Fish and Game staff sent a letter in April i~dl~-~ting that the four surveys conducted were not sufficient. He said he called the service in April to,~sk what its concerns were and still had not heard back from them but he would continue to follo~ up. He commented that Lauren Development is under no obligations to do any further surveys(for the Gnatcatcher. He stated the Fish and Wildlife Service has no authority to compel Lauren ~o do any :,~,rveys and said they would continue to dialogue with the service. He indicated he was yen/familiar with the MOU referred to by Ms. Klippstein and said this project would not violate the MOU. He stated the action before the Planning Commission is a design review issue and not defined as a project 'or the purposes of CEQA. He said the CEQA issues which had been raised were not relevant to .~e discretionary action of by the Planning Commission with respect to the design review. He com~i'i,..,'~ted tl,~.tJ,,~e issues raised by CURE and Spirit of the Sage would apply to all undeveloped lots in the comm/~nity, not just this parcel. Motion: Moved by Tolstoy, seconded by/Bethel, to continue Development Review 97-11 to July 9, 1997. Motion carried by the following AYES: BETHEL, MCNIEL, TOLSTOY "/ NOES: NONE / ABSENT: BARKER, MAClAS (?/carried Mr. Buller indicated that a copy of the tape for ton~ht', rrmoting,,would be provided to the two Commissioners who were not present so they would be brough~ up to date. He encouraged residents to visit the Planning Division and noted the applicant h/a/d also extended an invitation to meet with residents. He hoped the residents would take the tim~fto understand the project before it returned to the Commission on July 9. He stated the City has met,and ~xoee.~,ed the requirements of the state with respect to noticing and public review of the project. He asked]the residents to talk :o.t~;i: neighbors regarding the next meeting. %.T.he ,l~g Co.m_ ._s_?{/~r"¢-esser~om 8:~.,m ,o~' ' ' ' ~ea ~ne uO~L.~_.,~on. · 0 p. , at whi PUBLIC HEARINGS a. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 96-27 - TEXACO REFINING AND MARKETING. INC. - A request to develop a service. station, drive-thru fast food restaurant, and canopy totaling 7,672 square feet on 1.1 acres of land, and a master plan of the surrounding 1.9 acres of land, in the Office Park District of the Terra Vista Community Plan, located at the southwest corner of Milliken Avenue and Base Line Road - APN: 1077-672-37. Staff has prepared a Negative Declaration of environmental impacts for consideration. Related file: Parcel Map 14001. Go ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 14001 - LEWIS DEVELOPMENT CO. - A subdivision of 3.5 acres of land into 2 parcels in the Office Park District of the Terra Vista Community Plan, located at the southwest corner of Milliken Avenue and Base Line Road - APN: 1077-672-37. Staff has prepared a Negative Declaration of environmental impacts for consideration. Related file: Conditional Use Permit 96-27. Plannirtg Commission Minutes -4- June 11,1997 /// Tom Grahn, Associate Planner, presented the staff report. He indicated a number of letters had been received in opposition to the project including a form letter sent by 77 individuals. Chairman Barker opened the public hearing. Richard Tait, Tait & Associates, 1100 Town & Country road, ¢¢1200, Orange, stated he represented Texaco. He said there would be a vacant lot between the project and the residences. He concurred with the conditions in the resolution. He indicated they had met with the homeowners of the Willow Park Homeowners Association and four concerns had been raised; i.e. crime, noise, lighting, and land use. He commented that any time vacant land is developed for any use, it increases the potential for cdme. He noted that even the development of homes would increase the potential for burglaries or domestic violence. He stated that crime mitigation measures were incorporated into the design and he produced a listing of 12 crime mitigation measures they had introduced into the project, including lighting levels at City standards, window visibility, drop safe, programming of exterior phones for outgoing calls only, lack of exterior access to bathrooms, no coin operated games, and use of closed circuit television cameras and monitors. He suggested an annual review of the conditional use permit. He stated they intend to be open 24 hours per day and to sell beer and wine and reported that some homeowners feel that will lead to an increase in drunk driving. He felt that is not the case and noted that the Ralphs store across the street also sells, beer, wine, and liquor. He suggested adding 25 conditions including no beer and wine displays from an ice tub, no sale through a drive-in window, no advertising for beer and wine on the fuel islands, and no self-illuminating advertising for beer and wines. He noted that the residents had expressed a concern about noise and pointed out that the town homes are 200 feet away from the service station use and would be buffered by a vacant lot, stdps of landscaping, and an existing 6-foot wall. He said a noise study was conducted and those mitigation measures were thought to be sufficient to reduce the noise to the residences to an acceptable level. He stated there would be no transport fuel deliveries between 10:00 p.m. and 7:00 a.m. and the drive-thru speakers will face out toward Base Line Road. He said they would be under the maximum dBa allowed by the City. He reported they will shield the lights to avoid spillage onto the adjacent parcel. He said he would refer the use concern to Greg Hoxworth from Lewis Development Co. Commissioner Tolstoy asked what the applicant's reaction would be to limiting the hours of operation to preclude late night hours. Mr. Tait felt a 24-hour operation would be a benefit because the area would be secured. He said he would have to defer the question to Texaco. Chairman Barker asked if it will be possible to see in the windows or if they will be littered with advertising signs. Mr. Tait said they were proposing to limit window displays, racks, and advertisements to a maximum 15 percent of window coverage. ', Brad Buller, City Planner, observed that the City codes allow a maximum of 15 percent coverage. Chairman Barker asked about the lights. Mr. Tait responded that the lights have standard shields which may be extended. Chairman Barker pointed out that light does not have to be line-of-sight to cause an impact. Mr. Tait said there would be no direct glare onto residential properties. Greg Hoxworth, Lewis Homes Retail, 156 North Mountain Avenue, Upland, stated they conceived the project because of numerous requests for more service stations and convenience markets. He said they have an interest in maintaining high standards in the area. He gave a brief history of the Planning Commission Minutes ~% C~,.~' II -5- June 11, 1997 project and said the uses were proposed within the Terra Vista Community Plan. He noted the site has always been designated as Office Park which has possible uses including professional offices, retail and service businesses, ancillary recreation activities, banks, restaurants, automobile service stations, etc. He stated the proposed project is within the overall plan for the site. He said they had worked hard with the Design Review Committee to be sure the building is compatible with the community. He indicated there will be a row of trees along the property border adjacent to the residences. He felt that the trees should grow together to form a visual barrier within a year. He said the drive aisle will be hidden from sight by a berm and there should eventually be up to three buildings on the remainder parcel. He said they agreed to increase the setback from 10 to 20 feet and they agreed to a diagonal line on the southwest corner. He stated they foresee service retail and/or a restaurant on the remainder parcel. He requested approval of the application and said the building and site plan are in keeping with the master plan. He felt it is a quality building and Texaco is a quality operator. He noted that letters from the residents suggest that development will negatively affect property values but said that Lewis does not agree. He said that office buildings could be built on the remainder parcel and they may be two-story. He felt a retail use, school, or health club would be a more intense use. He noted that a service station was approved at the corner of Base Line Road and Rochester Avenue and there is no land buffer in that location. He reported they had requested that the Police Department provide statistics with regard to service stations in the City and preliminary reports indicate no unusual police activity. He noted that the letters from the residents stated that the Mobil station on Milliken has experienced numerous problems and stated the Police statistics do not confirm that allegation. He also noted that three of the letters indicated that homeowners had not been informed about potential uses for the property. He presented a copy of the Addendum to Offer to Purchase and Deposit Receipt signed by buyers indicating that adjacent property may be built with uses other than residences, that uses may change, that adjacent development may affect views and light, and that the buyer would not oppose approval of projects on adjacent property. He noted that Milliken Avenue has been widened since the town homes were built and felt that is part of what makes the location a good site. Chairman Barker hoped that if the project were approved, that monument signs would be of better quality than those recently installed at the northeast corner of Carnelian Avenue and 19th Street. Mr. Hoxworth said the monument sign had not been approved for this project but any monument sign would be compatible with the building. The following people spoke in opposition to the project: Larry Tyler, 11226 Terra Vista, ¢¢61, Rancho Cucamonga Randy Strand, 7374 Belpine, #4, Rancho Cucamonga May Harris, 11220 terra Vista Parkway, #A3, Rancho Cucamonga Hilda Phillips, 11248 Terra Vista, #5, Rancho Cucamonga Henry Foreman, 7337 Belpine, #23, Rancho Cucamonga Sandra Adams, 7331 Belpine, #30, Rancho Cucamonga They presented a petition opposing the project which was signed by 91 homeowners and tenants of Willow Park. They expressed concerns about an increase in traffic; increased noise from car doors slamming, tires squealing, and music from car radios; food odors; and pollution. Fears were expressed that the Del Taco will attract younger people leading to late-night loitering. One resident complained that they already get litter from Carl's Jr. which is located on the other side of a street with a median island. A comment was made that there is an over concentration of service stations in the area (three between Milliken Avenue and Carnelian Street). !t was stated that residents of Willow Park would have difficulty using the facility because of traffic circulation. It was feared that the fence could be easily scaled. It was pointed out that the area will eventually have freeway access and one resident said that Albertson's has to keep its west door locked in evenings because of problems. One resident stated that the land slopes upward and she can see the street when standing at her first floor window. She said the supposed 6-foot high wall is only a little over 5 feet from her back yard. It was pointed out that adjacent town home bedrooms are on the second floor Planning Commission Minutes -6- June 11,1997 //Z so a 6-foot wall would not provide any buffer. Residents complained that they will not be able to have their bedroom windows open in the summer because of the noise and there were complaints that the. traffic on Milliken is already a disturbance. It was stated that construction of the Texaco will cause irreparable harm to Willow Park homeowners, property values which have already decreased drastically in the last few years will plummet, an all-night service station and convenience store will deter future home buyers, and some owners may allow their units to go into foreclosure. It was stated that the homeowners may file a lawsuit against Lewis Homes because Lewis had always maintained the site would be developed with an office building. A comment was made that residential areas should be residential, not a mixture of uses. It was felt that 28 parking spaces and a 4,000 square foot canopy meant that Texaco was expecting a lot of business. One resident asked how many service stations Texaco operates in residential areas. Bill Kummen, 5824 Edmund, La Crescenta, stated he is the retailer and manager for Texaco. He stated they have an office located at 9485 Haven Avenue in Rancho Cucamonga and he offered to meet with any resident to try to address their concerns. He stated that Del Taco requires a 24-hour operation. He felt they will provide a service to the community. He stated the combination project is not a typical fast food operation and provides a safe and clean environment. He felt it is important for people to be able to see into the facility. He indicated that they hire full time maintenance employees to clean not only their facility, but also adjacent areas. Mr. Tait confirmed that residents will be able to see into the site but said there will be two corridors of landscaping between the site and the town houses. He stated the landscaping is a short term solution and felt that when other buildings are developed on the site, it would provide a buffer between the service station and the town houses. He reported the noise study indicated they will be below the allowable noise levels. He said there are many Texaco stations in residential areas and thought there was one just down the street that is directly adjacent to residences. He noted they will be buffered by another parcel. He said they were not saying there will be crime on the site, they merely want to decrease the potential for crime. Commissioner McNiel asked the distance from the Texaco to the residences. Mr. Tait indicated it is 140 feet to the property line to the south and 120 feet to the west. He stated it is approximately 200 feet from the activity to the residential wall. He indicated that the wall varies from less than 6 feet to almost 7 feet. Dan Coleman, Principal Planner, noted that the noise study was based on a minimum 6-foot wall. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner Bethel noted that many of the concerns voiced this evening were discussed at the Design Review Committee meeting. He said they discussed other buildings. He stated they felt the 200-foot separation from the use to the wall by the residences would tend to discourage foot traffic. He commented that noise from the street is something that everyone deals with and said he did not feel the Texaco would either hurt or help the situation. He felt everything possible was being done to soften the look and the impact of the station. He shared Chairman Barker's concerns regarding the quality of the monument signs and suggested that monument signs be reviewed by the Design Review Committee. He also shared the residents' concerns regarding lights. He stated an office building would most likely be a daytime operation and would further shield the residences. He thought the project is workable and would provide a useful service to the residents of the area. Commissioner Tolstoy stated there are 120 households around the perimeter of the project. He noted the 6-foot wall is not 6 feet high in all directions. He expressed concerns about the buffering between the residential neighborhood and the business. He felt a 24-hour business is not good in a residential neighborhood and thought the area is substantially residential even though there is a large shopping center across the street. He did not feel trees buffer noise. He thought the lighting could be dealt with satisfactorily and street traffic may create more noise than the project. He felt Planning Commission Minutes -7- June 11,1997 //,-/ the hours should be limited because after 10:00 p.m. it would cause a nuisance. He thought service stations are important in the community and felt it is a good location for one but said he could not support the project without a restriction of the hours. He also thought the service station should not be built without the rest of the site being developed because he felt other buildings would provide a buffer to the residences. Commissioner McNiei agreed with Commissioner Tolstoy that landscaping may provide a visual block but does not block sound. He thought the community needs service stations but he was troubled by the noise study because he feared it will be a long time before anything else is developed on the balance of the property. Mr. Buller stated the noise study assumed that a 6-foot wall would be in place. He suggested that the Commission could condition that the wall be a minimum 6-feet high. He said that from a technical standpoint, the operation may not exceed the noise standards of the City, but it may still be an issue for the residents. He suggested that the Commission may wish to limit the hours until the second phase is built. He agreed that landscaping does not mitigate noise and said the intent of the landscaping is to provide a solid evergreen hedge to buffer the visual aspects of the project. Commissioner McNiel stated he would want a small forest to mitigate the lights. He said he would be more comfortable with the project if the hours were limited. Chairman Barker thought the lighting could be handled by technical means. He felt that many applicants would object to some of the conditions which were suggested by the applicant. He agreed that when the other buildings are developed, they should help mitigate the impacts and he felt the comer would then be appropriate for a service station. Without the development of the other buildings, he had major concerns regarding the impact. Mr. Buller observed that the issuance of a permit is subject to periodic review. He suggested the Commission could limit the hours and, after the project is built, the hours could be further restricted or expanded. He stated the neighbors could request a headrig and commented that the permit could be revoked if there is a negative impact on the neighborhood. Chairman Barker stated it is difficult to revoke a permit. Commissioner Tolstoy commented that he has patronized the fast food restaurant located on the southeast corner of Archibald Avenue and Arrow Route and noticed young people loitering in the parking lot late at night. He did not think a fast food restaurant should be open all night because of the nuisance value. He thought the City needs fast food restaurants and service station, but not under the conditions proposed. Commissioner McNiel stated he could support the project with limited hours until the rest of the property is developed. He felt that would apply pressure to develop the balance of. the site because he feared that otherwise it may be vacant for a long time. He said he was not'as concerned as Commissioner Tolstoy with regards to the fast food restaurant being open all night because he did not feel there will be as much of an appeal as a free-standing fast food restaurant. Commissioner Bethel said he would agree with limiting the hours until the rest of the project is developed. He felt the developer was trying to do everything he possibly could. Mr. Buller summarized the Commission's concerns that project would not be supported without changes including incorporation of the applicant's additional conditions, minimum 6-foot high perimeter wall, and limiting the hours until the remainder of the project is built, at which time the applicant could request an expansion of hours. Commissioner Bethel asked about the concerns on lighting and monument signs. Planning Commission Minutes -8- June 11, 1997 il5 Mr. Buller replied that lighting and monument signs are typically reviewed by staff. He said he heard the sign quality should be the same as the entry monument sign. It was the consensus of the Commission that the hours should be limited to 6:00 a.m. to 10:00 p.m. seven days a week. Motion: Moved by Bethel, seconded by McNiel, to issue a negative declaration and adopt the resolution approving Conditional Use Permit 96-27 with modifications summarized by Mr. Bullet. Motion carded by the following vote: AYES: BARKER, BETHEL, MCNIEL NOES: TOLSTOY ABSENT: MACIAS - carried Motion: Moved by McNiel, seconded by Bethel, to issue a negative declaration and adopt the resolution approving Tentative Parcel Map 14001. Motion carried by the following vote: AYES' NOES: ABSENT: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NONE NONE - carried Chairman Barker indicated that the decision could be appealed to the City Council. _D. FOOTHILLBOULEVA!~AOTIVITY CENTERS Becaus. e of the late hour, Mr."~ull~r suggested that the matter be agendized for a future meeting when it appears there may be m'br time. %discussion. :t,T;;he agreed that the matter would be pl~ future agenda. ..- . E. FOOTHILL BOULEVARD/ECONOMIC DEVELOPMEN I ~'~FORCE UPDATE Brad Bullet, City Planner, reported that the Task Force had taken a fie tr~~.7_d its next meeting had not yet been scheduled. F. DESIGN REVIEW COMMITTEE APPOINTMENTS AND SCHEDULE Mr. Bullet explained that the item had been placed on the agenda because Commission~,[. Macias had indicated he could not serve on Tuesday evenings; however, Commissioner Macias h~t'~ h.~e~ able to resolve his scheduling conflicts. Chairman Barker said he was pleased with the assignments as they now stand. ~'~ P, lanning Commission Minutes -9- June 11, 1997 RESOLUTION NO. 97-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 96-27 FOR THE DEVELOPMENT OF A SERVICE STATION, DRIVE-THRU FAST FOOD RESTAURANT, AND CANOPY TOTALING 7,672 SQUARE FEET ON 1.1 ACRES OF LAND, AND A MASTER PLAN OF THE SURROUNDING 1.9 ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND MILLIKEN AVENUE IN THE OFFICE PARK DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-672-37. A. Recitals. 1. Texaco Refining and Marketing, Inc. has filed an application for the issuance of Conditional Use Permit No. 96-27, as described in the title of this Resolution. Hereinafter in this Resolution, the-subject Conditional Use Permit request is referred to as "the application." 2. On the 11th day of June 1997, the Planning Commission of the City of Rancho Cucamonga conducted a d~ly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on June 11, 1997, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the southwest corner of Base Line Road and Milliken Avenue with a street frontage of 352 feet along Base Line Road and 290 feet along Milliken Avenue and is presently vacant; and b. The property to the north of the subject site is vacant park land, the property to the south and west consists of existing town homes, and the property to the east is the Central Park Plaza; and ' c. The proposed use is consistent with the General Plan and the Terra Vista Community Plan; and d. The design of the proposed project, together with the conditions of approval, meet all applicable provisions of the Development Code, Terra Vista Community Plan, and drive-thru policies; and e. The development of the proposed project would not have a significant impact to the environment. PLANNING COMMISSION NESOLUTION NO. 97-33 CUP 96-27-TEXACO June 11,1997 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. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) This approval is for a 3,864 square foot service station/fast food drive- thru restaurant and a 3,808 square foot canopy. 2) Delete the red band around the base of the canopy element. 3) Increase the size of the canopy columns to a minimum width dimension of 24-inches. PLANNING COMMISSION RESOLUTION NO. 97-33 CUP 96-27 - TEXACO June 11, 1997 Page 3 4) Provide shade trees south of the outdoor eating area. 5) The design of the transition, including pedestrian walkways and any drive aisles, adjacent to the unimproved areas to the south and west shall be subject to City Planner review and approval. 6) Patio fumiture proposed for the out-door eating area shall be subject to review and approval by the City Planner. Enaineering Division 1) Public improvements for the full length of both parcel frontages shall be completed with the first parcel to develop. 2) Sidewalks shall cross drive approaches at the zero curb face. Provide additional right-of-way as needed where the sidewalk wraps around the approach. Special pavers shall be located outside the public right-of-way. 3) Revise Drawings 1267 and 1265 or 1447 to reflect construction of the new drive approaches, right turn lane, and street trees, with cross references on related drawings to the satisfaction of the City Engineer. 4) Existing public improvements not being relocated due to the installation of drive approaches and the Milliken Avenue right turn lane shall be protected in place, including traffic striping and signage. Environmental Mitiqation Measures 1) 2) Place public phones, newspaper racks, vending machines, and similar types of coin-operated products inside the building or in a location acceptable to and approved by the City Planner prior to installation. Placement of this type of equipment, product, or service not in a location approved by the City Planner shall be required to be removed at the owner's expense. Exterior public phones shall be restricted to out-going calls. Install a security camera of a type and number approved by th~ City Manager, or his designee. Said camera must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection 'or other means. Cameras meeting the requirements of this section shall be maintained in a proper working order at all times and shall be subjected to periodic inspection by the City Manager, or his designee. 3) 4) Light fixtures shall not project below the canopy. Trees shall be installed along the interior perimeter of the project site, adjacent to the existing residences, to assist in screening and buffering those residences from the project site. The trees shall be a minimum 15-gallon size and of sufficient quantity to assist in buffering the adjacent residences from the proposed project. These trees shall be planted in a location that will not require their removal upon the PLANNING COMMISSION RESOLUTION NO. 97-33 CUP 96-27-TEXACO June 11,1997 Page 4 development of the master planned areas of the project site. The final design of the landscape buffer, including both tree species and quantity, shall be reviewed and approved by the City Planner. 5) Fuel delivery shall only occur during the hours of 7 a.m. to 10 p.m. 6) All lights and glare associated with the illumination of the parking lot, pedestrian areas, or the operation and illumination of signs shall be shielded or directed so as to not illuminate adjacent businesses or residences or cause glare to motorists. 7) The "Applicant's Voluntarily Suggested Conditions on Parameters of Operational Authority," attached as Exhibit A, are hereby incorporated into this approval. 8) The wall adjacent to the residences to the west and the south shall be a minimum 6 feet high. 9) The hours of operation shall be limited to B a.m. to 10 p.m. seven days a week until such time as development on Parcel 2 of Parcel Map 14001 shall occur, at which time the applicant can request an expansion of the hours. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF JUNE 1997. PLANNING COI~ *~'8310," F THE CITY RANCHO CUCAMONGA _.._._ ¢.., OF -- '~Da~ ~ar"~r,~C..~h n~2n - · 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 ot~ the Planning Commission held on the 11th day of June 1997, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MCNIEL NOES' COMMISSION,_RS: TOLSTOY ABSENT: COMMISSIONERS' MACIAS COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CON DITIONS PROJECT#: SUBJECT: APPLICANT: LOCATION: Conditional Use Permit 96-27 Texaco/Del Taco Facility Texaco Refining & Marketing Southwest corner of Base Line Road & Milliken Avenue ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE VVlTH THE FOLLOWING CONDITIONS: Time Limits Completion Dat*e 1. Approval shall expire, unless extended by the Planning Commission, if building permits are not __/__/ issued or approved use has not commenced within 24 months from the date of approval. 2. Prior to recordation of the final map or prior to the issuance of building permits when no map is __/__/__ involved, written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development Such letter must have been issued by the water distdct 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. B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include ~1~1~ 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 Terra Vista Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions __/__/__ of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such 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 Distdct and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. SC - 5/97 . ,7. . Proiect No. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. All site, grading, landscape, irrigation, and 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. 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. 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. 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. 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. 10. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. C. Shopping Centers The Master Plan is approved in concept only. Future development for (each building pad/parcel) shall be subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with 'the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. 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 project. bo Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. CUP 96-27 Completion Date / / / / / / / / / / / / / / / / / / / / / / / / SC - 5/97 . 10. 11. 12. 13. d. Roll-up doors. Project No. CUP 96-27 Completion Date / / e. Trash bins with counter-weighted lids. / / f. Architecturally treated overhead shade trellis. / / g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed __/__/__ to be hidden from view. Trash collection shall occur between the hours of 7 a.m. and 10 p.m. only. / / Graffiti shall be removed within 72 hours. / / The entire site shall be kept free from trash and debds at all times and in no event shall trash and debris remain for more than 24 hours. / / Signs shall be conveniently posted for "no overnight parking" and for "employee parking only." __/__/__ All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an __/__/__ extedor noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, __/__/__ or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. Textured pavement shall be provided at the project entry, across circulation aisle, pedestrian walkway, at the patiol and at the handicapped spaces in front of the main entry. 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 pdor to the issuance of building permits. / / All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Division approval prior to the issuance of building permits. / / The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. / / All future projects within the shopping center shall be designed to be compatible and consistent with the architectural program established. / / 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. / / SC - 5/97 F, D. Building Design All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. E. Parking and Vehicular Access (indicate details on building plans) Project No. CUP 96-27 Comoletion Date . SC. 5/97 / / . All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). / / . Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/recreational uses. . All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. / / Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. Motorcycle parking area shall be provided for commercial 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. / / 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 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. Landscaping / / / / . A detailed landscape and irrigation plan, including slope planting and model home landscaping in this 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. / / A minimum of 20 % of trees planted within the project shall be specimen size trees - 24-inch box or larger. / / 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. / / 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. / / Go Project No. . All private slopes of 5 feet or less in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less than 8 feet in 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. For non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. . The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. . 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. Landscaping and irr. igation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. A Uniform Sign Program for this development shall be submitted for City Planner review and approval prior to issuance of building permits. H. Other Agencies The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. The final location of the mail boxes shall be subject to City Planner review and approval prior to the issuance of building permits. CUP 96-27 Completion Date / / / / / / / / / / / / / / / / / / SC-5~7 Project No. CUP 96-27 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new 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. 3. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and __/__/ prior to issuance of building permits. J. 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 building permits. __/~/~ APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. / / / / 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 pdor to the issuance of building permits, where no map is involved. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. / / . All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. / / , SC - ~/97 Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. 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. / / / / Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Street Name Milliken Avenue Base Line Road Curb & A.C. Side- Ddve Street Street Corem Median Bike Other Gutter Pvmt walk Appr. Lights Trees Trail Island Trail e v' f v' v' f Project No. CUP 96-27 Completion Date / / . SC - ~7 Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and ovedays will be determined dudng plan check. (c) If so marked, sidewalk shall be curvilinear per STD. 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Reconstruct existing bus bay as a bus bay/right turn lane per STD. 119 with a length as shown on the plans. (f) Install traffic signage, including R26 "No Stopping Any Time" signs as needed. 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. 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. 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. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours dudng 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. 7 I / / / I / / / / / I / g. Project No. CUP 96-27 Completion Date 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. __/__/__ 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. / / , 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. / / M. Public Maintenance Areas 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. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan: Base Line Road and Milliken Avenue . / / N. Utilities 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. / / / / . Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. General Fire Protection Conditions 1. Fire flow requirement shall be 3.000 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. / / For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. / / Existing fire hydrant locations shall be provided pdor to water plan approval. Required hydrants, if any, will be determined by the Fire District. Fire District standards require a 6" riser with a 4" and a 2-1/2" outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. / / SC-5~? 3. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 4. A fire alarm system(s) shall be required as noted below: ¢ Per Rancho Cucamonga Fire Protection District Ordinance 15. ,/ California Code Regulations Title 24. 5. 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. v' Other: See Ordinance 22 6. All trees and shrubs planted in any median shall be kept trimmed a minimum of 14'6" from ground up so as not to impede fire apparatus. 7. 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. 8. Plan check fees in the amount of $ 0 have been paid. An additional $ 645.00 shall be paid: Prior to water plan approval. Prior to final plan approval. Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 9. Plans shall be submitted and approved pdor to construction in accordance with 1994 UBC, UFC, UPC, UMC, NEC, and RCFD Standards 22 and 15. P. Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or property. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Q. 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. 9 SC - 5/97 Project No. CUP 96-27 Completion Date / / / / / / / / / / / / / / / / / / / / / / / / / / / / APPLICANT'S VOLUNTARILY SUGGESTED CONDITIONS ON PARAMETERS OF OPERATIONAL AUTHORITY Applicant voluntarily agrees to limit the parameters of his operation as follows: 1. The issuance of a use permit shall be subject to periodic review. 2. Alcoholic beverage sales shall be limited to beer and wine only with no hard or malt liquor sold; , The site operator and employees will be required to attend, participate and successfully complete training program which will include and is not limited to training segments on safety, accident prevention, robbery deterrenee, personal safety responsible tobacco retailing, loitering, deterfence, effective alcohol management, facility maintenance and litter control. All facility personnel will be required to participate in quarterly reviews. 4. The hours of sale of beer and wine shall be limited so that no sales occur before 6:00 a.m. or after 2:00 a.m. daily; 5. Applicant shall post signage at food mart precluding consumption of alcohol beverages on site precluding loitering. 6. Applicant shall post signs at the food mart in compliance with any and all municipal codes notifying the public in both in English and predominant second language in the area with regard to open containers. · 7. Exterior advertising shall comply with all local sign ordinances and there will be no advertising indications of the availability of alcoholic beverages; 8. There will be no beer and wine advertisement located on the motor fuel island. 9. No fortified wines shall be sold; 10. No ice in quantities of less than 2 pounds shall be sold, furnished or given away; except for ice dispensed at the soda fountains 11. No beer and wine will be displayed within five feet of the cash register or the front door. 12. No beer or wine display will be made from an ice tub; 13. No sale of beer and wine will be made from a drive-in window; 14. No self illuminating advertising for beer and wine shall be located on the building or windows; EXHIBIT "A" 15. Employees on duty between 7:00 p.m. and 2:00 a.m. who sell beer and wine shall be at least 21 years of age; 16. There will be no coin operated amusement devices or video games on the premises; 17. Applicant will secure the premise with appropriate security lighting and employee scrutiny of the adjacent areas under which lighting under the control of applicant shall be directed in such a manner so as not to uareasonably interfere with the quiet enjoyment of nearby residence. Applicant shall further provide adequate lighting visible to identify and actions of all persons entering or exiting the premise; 18. The applicant shall maintain a free of litter all areas of the premise under which applicant has control; 19. Any graf~ti painted or marked upon the premises shall be removed or paimed over within 72 hours of the discovery thereof: 20. A sign will be posted in the window to identify that the cash register contains $50.00 or less in cash and the drop safe is not accessible to the employee; 21. There shall be no sale or rental of any adult magazines, videos, tapes, discs or films at this location; 22. The public restroom will be available for public use while the food mart is open for business; 23. The food mart is equipped with security cameras that are capable of receiving an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras will be maintained in proper working order at all times and shall be subject to periodic inspection by the local police department. 24. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 25. Signs and curb painting shall be utilized on site to encourage parking in designated parking areas; :B&Wcond 161 RESOLUTION NO. ~'?- ~' ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO LIMIT THE HOURS OF OPERATION FROM 6:00 A.M. TO 10:00 P.M. FOR THE DEVELOPMENT OF A SERVICE STATION, DRIVE-THRU FAST FOOD RESTAURANT AND CANOPY TOTALING 7,672 SQUARE FEET ON 1.1 ACRES OF LAND, AND A MASTER PLAN OF THE SURROUNDING 1.9 ACRES OF LAND, IN THE OFFICE PARK DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND BASE LINE ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - ^PN: 1077-672-37. A. Recitals 1. Texaco Refining and Marketing, Inc. has filed an application for Conditional Use Permit 96-27 as described in the title of this Resolution. Hereinafter in this Resolution, the subject conditional use permit request is referred to as the "application." 2. On June 11, 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and, following the conclusion of said public headng, adopted Resolution No. 97-33, thereby recommending to this City Council that said application be denied. 3. The decision represented by said Planning Commission Resolution was timely appealed to this Council. 4. On July 16, 1997, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said headng on that date. 5. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. Based upon the facts and information contained in the proposed Negative Declaration, together with all wdtten and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: (a) That the Negative Declaration has been prepared in compliance with the California Environmental Quality ACt of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. CITY COUNCIL RESOLUTION NO. CUP 96-27 - TEXACO July 16, 1997 Page 2 (b) That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. (c) Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations 3. Based upon substantial evidence presented to this Council during the above- referenced July 16, 1997, headng, including written staff reports, the minutes of the above- referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 97-33, this Council hereby specifically finds as follows: (a) The application applies to property located at the southwest comer of Base Line Road and Milliken Avenue with a street frontage of 352 feet along Base Line Road and 290 feet along Milliken Avenue and is currently vacant; and (b) The property to the north of the subject site is vacant park land, the property to the south and west consists of existing townhomes, and the property to the east is the Central Park Plaza; and (c) The application contemplates the operation of a 24-hour self-serve service station, convenience market and drive-thru restaurant; and (d) The application proposes the development of a 7,672 square foot service station, drive-thru restaurant, and canopy on 1.1 acres of land, and a master plan for the development of 1.9 acres of land; and (e) The Texaco site will be developed initially and the master planned area will be landscaped for both erosion control and to screen the project site from adjacent residences; and (f) The design of the proposed project will subject adjacent residences to light, noise, and security related concerns that cannot be mitigated by proposed improvements; and (g) Restricting the hours of operation from 6:00 a.m. to 10:00 p.m. will minimize project related impacts to adjacent residences; and (h) Expanded hours of operation may be considered by the Planning Commission upon development of the master planned area of the project. 4. Based upon the substantial evidence presented to this Council during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: (a) The proposed use is consistent with the General Plan and the Terra Vista Community Plan; and (b) The design of the proposed project, together with the conditions of approval, meet all applicable provisions of the Development Code, Terra Vista Community Plan, and drive-thru policies; and CITY COUNCIL RESOLUTION NO. CUP 96-27 - TEXACO July 16, 1997 Page 3 (c) The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (d) The development of the proposed project would not have a significant impact to the environment. 5. The City Council of the City of Rancho Cucamonga hereby denies the application. 6. This Council hereby provides notice to Texaco Refining and Marketing, Inc., that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Texaco Refining and Marketing, Inc., at the address identified in City records. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: July 16, 1997 Mayor and Members of the City ~ouncil Jack Lam, AICP, City Manager Brad Buller, City Planner Larry Henderson, Principal Planner SIGN ORDINANCE AMENDMENT 97-02 - CITY OF RANCHO CUCAMONGA - A request to amend the Sign Ordinance within the Rancho Cucamonga Municipal Code to add Auto Centers as a class of signs within Section 14.20.100 Signs - Commercial and Office Zones and Section 14.20.110 Signs - Industrial Zones. RECOMMENDATION Approval of the attached Ordinance as recommended unanimously by the Planning Commission and staff. BACKGROUND/ANALYSIS The filing of an application for the City's first freeway-adjacent automotive center (Auto Nation - CUP 96-32) has brought to the forefront the fact that the existing sign code does not provide for freeway-oriented signs for this particular use. On March 12, 1997, the Planning Commission unanimously initiated this amendment application. On May 14, 1997, the Planning Commission, after a public hearing, recommended approval of the attached ordinance. Although there are many ways to regulate the size, height, and number of freeway-oriented signs, the City has proposed two basic elements. These elements are presented as follows: The Redevelopment Agency may develop several freeway-oriented electronic message signs that would be available to owners of freeway-oriented businesses. This element has several advantages including limiting the number of freeway signs and, therefore, reducing visual pollution and sign competition among users. The RDA is currently preparing plans in this area. . The proposed Ordinance Amendment is modeled after the sign programs for Regionally Related Retail Centers. This measure allows greater flexibility for the owner and the City to design a unique sign program that is aesthetic while responding to the site and the owner's requirements. This type of provision has worked well, as evidenced by the Foothill Marketplace Shopping Center. CITY COUNCIL STAFF REPORT SOA 97-02 - CITY OF RANCHO CUCAMONGA July 16, 1997 Page 2 CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. Respectfully submitted, City Planner BB:LJH:taa Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Ordinance Planning Commission Staff Report, dated May 14, 1997 Planning Commission Minutes dated May 14, 1997 Planning Commission Resolution No. 97-25 CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 14, 1997 Chairman and Members of the Planning Commission Brad Buller, City Planner Larry Henderson, Principal Planner SIGN ORDINANCE AMENDMENT 97-02 - CITY OF RANCHO CUCAMONGA - A request to amend the Sign Ordinance within the Rancho Cucamonga Municipal Code to add Auto Centers as a class of signs within Section 14.20.100 Signs - Commercial and Office Zones and Section 14.20.110 Signs - Industrial Zones. BACKGROUND: The filing of an application for the City's first freeway-adjacent Automotive Center (Auto Nation - CUP 96-32) has brought to the forefront that the existing sign code does not provide for freeway-oriented signs for this particular use. A survey of other cities revealed that Automotive Centers commonly locate adjacent to freeways and typically have freeway-oriented signs. Therefore, on March 12, 1997, the Planning Commission initiated this amendment application. ANALYSIS: Although there are many ways to regulate the size, height, and number of freeway-oriented signs, staff has proposed two basic elements. The first element involves having the Redevelopment Agency develop several freeway-oriented electronic message signs that would be available to owners of freeway-oriented businesses. This element has several advantages including limiting the number of freeway signs and, therefore, reducing visual pollution and sign competition among users. The RDA is currently preparing plans in this area. The second element is modeled after the sign programs for Regionally Related Retail Centers. This measure allows greater flexibility for the owner and the City to design a unique sign program that is aesthetic while responding to the site and owner's requirements. This type of provision has worked well as evidenced by the Foothill Marketplace Shopping Center. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution Recommending the City Council adopt the proposed Ordinance. City Planner Attachments: Exhibit "A" - Sign Code Table With Changes Resolution Recommending Approval to the City Council b~anmiSsioner Tolstoy concurred with Commissioner McNiel that the building is not an industrial d has a lot of architectural movement. He urged that the fence be built because o the winds a~,~ potential for sand storms. He also agreed with Commissioner McNiel with respect to Charles S 'thf~u.~~ue. Commiss'one~ r Bethel f~the building has enough movement so that the intent of the two-material policy is being met. He~hat the application before the commission is a conditional use pe m'tr ~ no, t a parcel map so felt tlq~re could be no decision regarding vacation of Charles Smith A~e~ue. _He concurred_with the Po Dl~¢d~~ent that the fence should be required. itigated Negative Declaration and adopt the resolution approving Conditional Use Permit~-32.~ carried/~by the following vote: D. SIGN ORDINANCE AMENDMENT 97-02 - CITY OF RANCHO CUCAMONGA - A request to amend the Sign Ordinance within the Rancho Cucamonga Municipal Code to add Auto Centers as a class of signs within Sections 14.20.100 Signs - Commercial and Office Zones and Section 14.20.110 Signs -Industrial Zones. Larry Henderson, Principal Planner, presented the staff report. Commissioner Tolstoy asked if staff knew what the redevelopment Agency is planning with respect to signs. Brad Buller, City Planner, replied he had not seen any drawings but it was his understanding the intent is to have an aesthetic sign which will identify the businesses and also provide a reader board which will carry notices regarding community and commercial activities. Commissioner Tolstoy asked if the Redevelopment Agency will construct the sign. Mr. Buller replied that it is looking at possibilities. He said the City's intent is to develop a program for freeway-exposed corridors. He indicated staff hopes to create a coordinated sign program for monument signs along the corridor. Commissioner Tolstoy asked how many signs are planned. Mr. Buller replied there could be as many as four, with perhaps three along the 1-15 and one along 1-30. Commissioner McNiel asked if the proposed wording could be read that the City is to develop the conceptual sign program. Ralph Hanson, Deputy City Attorney, responded that the sign program is usually generated by the developer. Chairman Barker opened the public hearing. Upon hearing no testimony, he closed the hearing. Planning Commission Minutes -5- May 14, 1997 Motion' Moved by McNiel, seconded by Tolstoy, to adopt the resolution recommending approval of Sign Ordinance Amendment 97-02. Motion carried by the following vote: AYES: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES' NONE ABSENT: NONE - carried -"OOTHI~OULEV~B SPECIFIC PLAN AMENDMENT 97-01 - CHAVINJ~EVELOPMENT - ~ '~qu. u~..t-to...-~i~e,d,-~, ~ -P~.~ic%~,~rage-~' a~onditiCall-/~d'~'; ~ ~l~i'~l~e~~ '"t~un~zy L;ommercla~ ~ana use designat'ibf"r~f Subare"a4~f the Foot-hill Boule'tza"~c Spec~c Brent Le C~unt, Associate Planner, presented the staff report. Chairman BarkSned the public hearing. Henry Chavin, Chavin~evelopment, 8939 Vernon Avenue, Suite A, Montclair, thanked staff for the work it had done on pro~s/s,(ng the project. He believed the project will curb some of the problems in the area such as th~in"t'eri!~ction of Foothill Boulevard and San Bernardino Road. John Mannerinc, 933,9 Base Lir~R~d, Rancho Cucamonga, stated he owns ¼ acre of land to the west of the applicant's parcel. He a~ke~i~ it was proposed that public storage be permitted only when mixed with office use. V Chairman Barker stated the proposal is for off~e,,~r retail uses to the front of the property with the storage to be tucked in beh~..~. 'nd and scer ened frl~'n~(iew from Foothill Boulevard and the use must be in conjunction with mixed use and a master plah~ Hearing no furt_hel testimony, chairman Barker close_~public hearing. Commissioner Bethel noted approval owu~d allow a difficult I~ece of property to be developed while retaining control by t eh City through the conditional use ~e~y,~it process. He supported the Commissioner ~01stoy agreed it is a particularly unfortunate site. I~upported the proposal. C°m missi°ner .M. cNie' c.°~ur. red' . Commission ssed with the architecture a~d feels. it is ~mpatib. le wlth the historic .structure located acros'S4~street. Chairman Ba ign Review Committee with. r. es~t..t~ traffic, de~i,n,._et. cl ....... Motion: Mo oval of Foothill Boulevard Specific Plan Amendment 97-01. Motion carried by the following vote. ~YoE¢~. NBAoRNK¢ R, BETH EL, MAOIAS, M C NIEL, TOLSTOY ~,_ ABSENT: NONE - carried Planning Commission Minutes -6- May 14, 1997 RESOLUTION NO. 97-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF SIGN ORDINANCE AMENDMENT 97-02, A REQUEST TO AMEND THE SIGN ORDINANCE WITHIN THE RANCHO CUCAMONGA MUNICIPAL CODE TO ADD REGIONAL AUTOMOBILE SALES AS A CLASS OF SIGNS WITHIN SECTIONS 14.20.100 SIGNS - COMMERCIAL AND OFFICE ZONES AND SECTION 14.20.110 SIGNS - INDUSTRIAL ZONES, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Sign Ordinance A.mendment No. 97-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Sign Ordinance Amendment is referred to as "the application." 2. On the 14th day of May 1997, 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 May 14, 1997, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The Amendment will provide for development of a comprehensively planned urban community within the District that is superior to development otherwise allowable under alternate regulations. b. The Amendment will provide for development within the District in a manner consistent with the General Plan and with related development and growth management policies of the City. 3. This Commission hereby finds and determines that the proposed amendment is exempt from the requirements of the California Environmental Quality of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the State CEQA Guidelines. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends the City Council approve Sign Ordinance Amendment No. 97-02 to modify the Municipal Code per the attached Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. SOA 97-02- CITY OF RANCHO CUCAMONGA May14,1997 Page 2 97-25 APPROVED AND ADOPTED THIS 14TH DAY OF MAY 1997. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Barkerl C~~airman 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 May 1997, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE i,-// ORDINANCE NO. ~'~'A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97-02, AMENDING TITLE 14 OF THE MUNICIPAL CODE TO ADD REGIONAL AUTOMOBILE SALES AS A CLASS OF SIGNS WITHIN SECTIONS 14.20.100 SIGNS - COMMERCIAL AND OFFICE ZONES AND SECTION 14.20.110 SIGNS - INDUSTRIAL ZONES. A. Recitals. 1. On the 14th day of May 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Sign Ordinance Amendment. Following the conclusion of said public hearing, the Planning Commission adopted Resolution No. 97-25, thereby recommending the City Council adopt Sign Ordinance Amendment No. 97-02. 2. On the 16th day of July 1997, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to its adoption of this ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Regional Automobile Sales is added as a class of signs within Sections 14.20.100 Signs - Commercial and Office Zones and Section 14.20.110 Signs - Industrial Zones hereby amended as shown in the attached Exhibit "A." SECTION 2: The Council hereby finds and determines that the proposed amendment is exempt from the requirements of the California Environmental Quality of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the State CEQA Guidelines. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. >- Z 0 0 02.o § ,-- ~ ~ o (/3 ~ ~_ = ._= o~e .o'~ ~Z'5~= ~ . , 0 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: July 16, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Alan Warren, AICP, Associate Planner ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 97-02 - CITY OF RANCHO CUCAMONGA - Consideration of an application to change the use provisions of Subarea 16 of the Industrial Area Specific Plan to allow the development of 15 acres of neighborhood commercial uses, subject to conditional use permit authorization, located at the southwest corner of Sixth Street and Archibald Avenue, and to update Subarea 16 standards to reflect previously adopted use provisions. An Environmental Impact Report that assesses the impacts of this proposal has been certified - APN: 210-062-08. RECOMMENDATION At its meeting of May 28, 1997, the Planning Commission recommended that the City Council adopt Industrial Area Specific Plan Amendment 97-02. This amendment application was initiated by the City Council at the request of the property owner, Mr. DeBerard. BACKGROUND/ANALYSIS The issues and analysis are contained in the accompanying staff report to the Planning Commission of May 28, 1997. FACTS FOR FINDING Based on the facts and conclusions listed in the attached report and public hearing minutes, the Planning Commission believes the City Council can make the following facts for findings regarding these applications: A, The property is suitable for the uses allowed within the neighborhood commercial designation in terms of access and size, as evidenced by the site's location adjacent to existing industrial and commercial projects; and, ao The proposed amendment will not have adverse impacts on the environment significantly more intense than those described in the Industrial Area Specific Plan Subarea 16 Redesignation EIR, but the potential positive impacts of other environmental aspects to the adjacent residential areas will provide sufficient benefits, as listed in the Statement of Overriding Consideration, to approve the amendments; and, //./5 CITY COUNCIL STAFF REPORT ISPA 97-02 - CITY OF RANCHO CUCAMONGA July 16, 1997 Page 2 Go The proposed amendment is in conformance with the General Plan, Industrial Area Specific Plan, and Development Code because of the site's capacity to promote the goals and objectives for neighborhood commercial development still allows for the development of industrial park land within Subarea 16, as may be needed. 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 500 foot radius of the project site. City Planner BB:AW:taa Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Ordinance Planning Commission Staff Report, dated May 28, 1997 Planning Commission Minutes, dated May 28, 1997 Planning Commission Resolution No. 97-32 CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 28, 1997 Chairman and Members of the Planning Commission Brad Buller, City Planner Alan Warren, AICP, Associate Planner ENVIRONMENTAL AS~ESSMEN'~ AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 97-02 -, CITY OF RANCHO CUCAMONGA - An application to change the use provisions of Subarea 16 of the Industrial Area Specific Plan to allow the development of 15 acres of neighborhood commercial uses, subject to conditional use permit authorization, at the southwest corner of Sixth Street and Archibald Avenue, and to update Subarea 16 standards to reflect previously adopted use provisions. An Environmental Impact Report that assesses the impacts of this proposal has been certified. APN: 210-062-08 PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - South - East - West - Single family residential, Low Residential (2-4 dwelling units per acre) Vacant, Industrial Park (Subarea 16) of the Industrial Area Specific Plan Industrial buildings, General Industrial (Subarea 4) of the Industrial Area Specific Plan Vacant, Low-Medium Residential (4-8 dwelling units per acre) B. General Plan Designations: Project Site - Industrial Park North - Low Residential (2-4 dwelling units per acre) South - Industrial Park East - General Industrial West - Low-Medium Residential (4-8 dwelling units per acre), Parks Go Site Characteristics: The project site gently slopes southward at less than a 2 percent gradient. The site consists primarily of a vineyard that is still in production. Remnants of Eucalyptus windrows and specimen trees associated with existing agricultural buildings dot the project's southern property line. PLANNING COMMISSION STAFF REPORT ISPA 97-02 - CITY OF RANCHO CUCAMONGA May 28, 1997 Page 2 ANALYSIS: A. General: On November 20, 1996, the City Council approved Industrial Area Specific Plan Amendment No. 96-04 that, as part of the Cucamonga Comerpointe residential project, authorized 5 acres of neighborhood commercial uses at the subject location. In December 1996, the property owner,' Mr. De Berard requested that the City Council reconsider the decision and allow greater area for neighborhood commercial uses. Early in 1997, the City Council determined that the City should formally re-evaluate the amount of commercial land appropriate for the area. Staff has formulated this amendment application in response to the Council's directive. ~ The City Council, in making the~decision to initiate the application, felt that it would be appropriate to consider allowing fo~' the maximum degree of land use flexibility for future neighborhood commercial activity. In addition, included with this application, are some permitted use provisions that were previously adopted by the City and are included as an "update" item. These items are included in the attached Resolution of Approval ao Environmental Assessment: The proposed amount of neighborhood commercial land was evaluated as part of an alternative in the "Rancho Cucamonga Industrial Area Specific Plan Subarea 16 Redesignation EIR (1996)." The increase from 5 to 15 acres of discretionary neighborhood commercial uses within the context of Subarea 16 should not present significantly more adverse impacts than already identified in the EIR. Each conditional use permit application will be subject to CEQA assessment when formally submitted to the City. FACTS FOR FINDING: Based. on the facts and conclusions listed above, staff believes the Planning Commission can make the following facts for findings regarding this application: A. The property is suitable for the uses allowed within the neighborhood commercial designation in terms of access and size, as evidenced by the site's location adjacent to existing industrial and commercial projects; and, ao The proposed amendment will not have adverse impacts on the environment significantly more intense than those described in the Industrial Area .Specific Plan Subarea 16 Redesignation EIR, but the potential positive impacts of other environmental aspects to the adjacent residential areas will provide sufficient benefits, as listed in the Statement of Overriding Consideration, to approve the amendments; and, Go The proposed amendments are in conformance with the General Plan, Industrial Area Specific Plan, and Development Code because of the site's capacity to promote the goals and objectives for neighborhood commercial development and still allow for the development of industrial park land within Subarea 16 as may be needed. PLANNING COMMISSION STAFF REPORT ISPA 97-02 - CITY OF RANCHO CUCAMONGA May 28, 1997 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 500-foot radius of the project site. RECOMMENDATION: If the Planning Commission believes additional commercial area is now warranted for the site, staff recommends that the Commission adopt the attached Resolution Recommending Approval to the City Council. City Planner BB:AW/jfs Attachments: Exhibit "A" - Industrial Area Specific Plan Subarea 16 Map Exhibit "B" - Letter from Jeffrey R. De Berard City Council Minutes of March 19, 1997 Resolution Recommending Approval of Industrial Area Specific Plan Amendment (with draft land use and text changes) Z 4th area 4 ubarea 5 CIRCULATION TRAILS/ROUTES 120' R.O.W. 0 0 0 0 Pedestrian Creeks & Channels RAIL SERVICE 100' R.O.W. 88' or less R.O.W. ..... Existing · +- : : ; +-- Proposed · · · · Bicycle Mull-Use I ! Bridge ,~ Access Points Special Streetscape/ Landscaping  1 0 400~ 800~ 1600¢ Note: Parcel lines and ~ot configurations are shown as approximation only. .~;~ ~ ¢- .,...,-, .:% ,;" ~,~'.:...-".:::.::,: "r~ ~',-.,--,¢ "~::~¢"~ !'i'::.... '!. ;. ~ ./ ,4., :. :..., · -; · % %? :'.d-,.:.x-.....x,..,T? c -r¥ ...... ' , :?i:,C"L:L ........ Title' ,.-- xh ibit' 1The sffes shown may not be currerrtly owned nor is the location site speci¢~ Tbe depotion of a site is an iadk:ation of a projected future need that may be adjusted over time as the City develops· Project: / $ur~~:A /~ N4 ~ "'";'":"~:"i:_ ~'.:.. i.::.: .:i MAR-~O--9? THU L5 : 14 JEFFREY R DE ~ERARD ?149856040 ~. ~ Jeffxcy R. Do Berard P.O. Box 1757 Upland, CA 91785 March 19, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL 10500 Civic C~nter Ddve Rancho Cucamonga, CA 91; 30 $ Re: Reconsideration of Y,o.nmercial Archibald Avenue and Sixth S xeet uses at the southwest comer of The Do Berard family, as you may recall, ar~ owners of the 18 acres at the southwest corner of Sixth and Archibald since 1902, and we are here tonight because we were confronted with this issue by the development of Griffin Industries residential development within sub area 16. When city staff recommended a $ acrz commercial d~ignafion on our property, we wer~ delishted. At the Planning Commission and City Council meetings we had rcqueste~ that the cornmercia. designation bc expanded to l O acres. Wc based this request on that & typical ncil~hborhood development (as an example) of a major supermar~cet, drugstore, and small shops would require -3~2,000 square feet of land or approximately 10 acres. Wc also felt that due to the lack of commercial scr~ces in the area, with respect to the proposed new residential project and e~stin8 homes, that the expanded designation would be bencficial-not only to the community and residents, but to the city in increased tax revenues. I am here tonight in a catch 22 situation. At the City Council Me~ting on ~ber 4. 1996. that adop:ed ordinance//95-04 regarding sub area 16 and Griffin Industries, our req ~est was positiwly discussed by this council, relative to increasing the ~ of the commercial dosisnation from 5 acres to 10 acres, but was not made a part of the motion. The city attorney stated to Mayor Alexander, that since tLe motion on the ordinance was voted on and approved as read, that the council, per legal requirements, could not amend their action. Therefore, it '~as requested by Mayor Alexander, atier conferring with Mr. Buller, tha: the issue had to be sent back to city staff for EXHIBIT 'B' 151 MAR--20--9? THU ~ 5 : 1 5 JEFFREY R ~E BERAR~ 7149856040 CITY OF RANCHO CUCAMONGA CITY COUNCIL evaluation and forwarded to tSe planning commission and back to the City Council. Mayor Alexander's i.~terpre~fion was that the council was in favor o_~the expansion. According to Mr. Bullet. as ,~.ated in the Planning Commission Meeting Minutes, the expansion flora 5 acres to 10 acres would require an amendment to the Industrial. S .~¢ifio ,Plan relative to sub area 16 and could be as simple as changing a :~ to a 10. Please keep in mind we are not requesting a general plan amendment or a zone change, mercly an cxpmuion of the commercial use within ISP sub area 16. In conclusion. the De Berards aro in support of Alternative 2-A in the staff report to expand the commercial limitations of 5 ~r~s to a siz~ not exc, e~in$15 ~res, nithough t2~e entire 18.33 a~re~ could b~ included in the requested expression within ISP sub are~ 16. We feel the city and this council should proceed with -he amendment ~ required or necmss~. I stand beforz you tonight to mk for your approvnl of our request. Sincerely, J~ffrey R. D~ Berard C~ Council Minutes March 19, 1997 Page 7 H. CITY MANAGER'S STAFF REPORTS H1. DISCUSSION OF MR. DE BERARD'S REQUEST FOR LAND USE RECONSIDERATION Staff report presented by Brad Buller, City Planner. Coundimember Curatalo stated if Mr. DeBerard could justify why he needs 10 acres, he would go along with him, othenvise, he would have to go along with the Planning Commission. Jeff DeBerard read a letter'to the Council which is on file in the C~ Clerk's office. Councilmember Gutierrez felt a proposed tenant would feei uncomfortable coming in if this is not changed ahead of time. Mr. DeBerard stated they are not ,wanting to rgzone the property to commercial, but to expand the designation of the 5 acres within the~lndustrial Area Specific Plan. He stated this would allow them to have a commercial development within the industrial park zone. Brad Buller, City Planner, referred to page 108 regarding Mr. DeBerard's request. He pointed out the key is who inrdates the amendment and who pays for the cost of doing the processing of it. He stated Mr. DeBerard would like for the City to do this. Mayor Alexander felt the City made the error to begin with and that it should have been taken care of before now. He felt the designation should be changed to up to 15 acres. MOTION: Moved by Biane, seconded by Gutierrez to direct staff to process an amendment for the Industrial Area Specific Plan Subarea 16 up to 15 acres (alternative 2A). Motion carded unanimously 5-0. Staff Mayor DISCUCF__.aON or T! IE PROPOCED COUNCIL Ct !/~VIDERS TELEVISION :STUDIO SYSTr:M presented by Jenny Haruyama, Management Analyst I. for her to explain where the money comes from for this. Jenny Haruyama, governmental access fee purposes. She stated that it is not ! spending the money on which is a Analyst I, stated the City has what is called "public educational and ', that money can only be used for public access and communication tapped into for other projects. She stated that is what the City will be $135,000 out of the total balance which is $175,000. Councilmember Gutierrez asked where this omes from. Jenny Haruyama, Management Analyst !, stated it subscriber, per year. Mayor Alexander asked if there was any way to get the wireless cable Jenny Haruyama, Management Analyst I, stated no there wasn't. Councilmember Gutierrez asked when this would all be in place. the cable company which is $1.00 per to contribute towards this. Jenny Haruyama, Management Analyst I, stated they are shooting towards the end of the fiscal year. CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting May 28, 1997 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:45 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Barker then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: David Barker, Rich Macias, Peter Tolstoy ABSENT: William Bethel, Larry McNiel STAFF PRESENT: Brad Bullet, City Planner; Barrye Hanson, Senior Civil Engineer; Boyd Hill, Deputy City Attorney; Dan James, Senior Civil Engineer; Brent Le Count, Associate Planner; Gall Sanchez, Planning Commission Secretary; Alan Warren, Associate Planner ANNOUNCEMENTS There were no announcements. CONSENT CALENDAR A. VACATION OF A PORTION OF PREVIOUSLY DEDICATED RIGHT-OF-WAY FOR CHURCH STREET - A request to vacate street right-of-way for a bus turnout, located at the southeast corner of Church Street and Elm Avenue East, dedicated per Tract No. 13270 (V-148). a. ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT REVIEW 97-02 - WALLNER TOOLING - A request to construct a 20,000 square foot addition to an existing 16,000 square foot building on 2.33 acres of land, located within Subarea 14 (General Industrial) of the Industrial Area Specific Plan, at 9076.Hyssop Drive - APN: 229-283-07. Motion: Moved by Macias, seconded by Tolstoy, carried 3-0-2 (Bethel, McNiel absent), to adopt the Consent Calendar. PUBLIC HEARINGS C, ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-02 - CITY OF RANCHO CUCAMONGA - An application to change the use provisions of Subarea 16, Industrial Area Specific Plan to allow the development of 15 acres of Neighborhood Commercial uses, subject to conditional use permit authorization, at the southwest corner of Sixth Street and Archibald Avenue, and to update Subarea 16 standards to reflect previously adopted use provisions. An Environmental Impact Report that assesses the impacts of this proposal has been certified. APN: 210-062-08. Alan Warren, Associate Planner, presented the staff report. IT Chairman Barker opened the public hearing. Jeffrey De Berard, P.O. Box 1757, Upland, stated the City Council had suggested increasing the commercial acreage from 5 acres to 15 acres for the area. Commissioner Tolstoy asked if the original request had not been for 10 acres. Mr. De Berard confirmed his original request had been for 10 acres. He stated that the environmental impact report had considered 20 acres as one of its options and the City Council had directed that 15 acres should be granted. Brad Buller, City Planner, stated that the City Council had not approved a zone change, but had felt there was sufficient grounds to initiate an amendment to re-evaluate the amount of commercial land appropriate for the area. Mr. De Berard stated that when the City Council approved the Griffin Homes project, they indicated the 5 acres should be increased to 15 ac res and directed staff to initiate the process. Hearing no further testimony, Chairman Barker closed the public hearing. Commissioner Tolstoy stated he had wondered why the request was for 15 acres instead of 10 and also why the City initiated the amendment. He questioned if a market study would confirm the need for 15 acres and whether a 15-acre shopping center could survive on the limited residences in the area. Mr. Buller stated the Council felt the owner should be able to propose a shopping center of any size up to 15 acres. Motion: Moved by Macias, seconded by Tolstoy, to adopt the resolution recommending approval of Industrial Area Specific Plan Amendment 97-02. Motion carried by the following vote' AYES' NOES: ABSENT: BARKER, MAClAS, TOLSTOY NONE BETHEL, MCNIEL - carried ..... J~ ENVIRONMENTAL ASSESSMENT ,ANn T~N~!::: ~'RA¢'~O - FRIr-~)MAN'- A r~.~"~est - ~ ~ide'~'~4~,2,,~cres uf la[IB~" into 45 lots for the purpose of single family home construction ~'~in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Specific Plan, l~t~,~st of the 1-15 Freeway and.south of Highland Avenue - APN: 227-071-32. Brent Le-Count, soc~nner, presented the staff report. Commissioner Macias asked f fu~rification regarding circulation and drainage. D James S n' r Ca~ · ~ '~ ~vi, 1 Engineer, stated t't,,~re are approximately 108 homes in the area and this d I~ 's fov ~ r 45horn se. He said the w't~.~:~es will ultimately have access to Highland A ' M lb St et o~he east and to ERst Av~ue via Smokestone Street. He indicated C It '11 I H' hi d A~ at Eas At venue whe'l~t starts construction of the interchange a Avenue will be closed for r Caltrans has indicated t period. He i plete. He r ffic signal if the tract is constructed after Caltrans has completed its work. He said the dev will Planning Commission Minutes -2- May 28, 1997 RESOLUTION NO. 97-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 97-02 AMENDING THE DEVELOPMENT STANDARDS OF INDUSTRIAL AREA SPECIFIC PLAN SUBAREA 16, TO PROVIDE FOR DEVELOPMENT OF 15 ACRES OF NEIGHBORHOOD COMMERCIAL USES, SUBJECT TO CONDITIONAL USE PERMIT AUTHORIZATION, AT THE SOUTHWEST CORNER OF SIXTH STREET AND ARCHIBALD AVENUE, AND TO UPDATE SUBAREA 16 STANDARDS TO REFLECT PREVIOUSLY ADOPTED USE PROVISIONS, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 210-062o08 A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Industrial Area Specific Plan Amendment 97-02 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On May 28, 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the 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 May 28, 1997, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application for additional neighborhood commercial acreage applies to approximately 15 acres of land, located on the southwest corner of Sixth Street and Archibald Avenue and is presently underdeveloped with vineyards and agricultural buildings. Said properties are currently zoned as Industrial Area Specific Plan, Subarea 16, Industrial Park; and b. The properties to the north of the subject site are zoned Low Residential (2-4 dwelling units per acre) and are developed with a single family neighborhood. The properties to the west are zoned Low-Medium Residential (4-8 dwelling units per acre) and are vacant. The properties to the east are zoned Industrial Area Specific Plan, Subarea 5, General Industrial, and are developed with a utility substation and multi tenant industrial complex. The properties to the south are zoned Industrial Area Specific Plan, Subarea 16, Industrial Park, and are underdeveloped with a single family residence. c. The application to update the permitted and conditionally permitted uses in Subarea 16 applies to all of the properties within the subarea. PLANNING COMMISSION RESOLUTION NO. 97-32 ISPA 97-02 - CITY OF RANCHO CUCAMONGA May 28, 1997 Page 2 d. This application does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan, Development Code, and Industrial Area Specific Plan with related development; and and eo This amendment does promote the goals and objectives of the Land Use Element; f. This amendment would not be materially injurious or detrimental to the adjacent properties and the "Rancho Cucamonga Industrial Area Specific Plan Subarea 16 Redesignation Environmental Impact Report," which listed this action as an alternative was certified by the City Council on November 20, 1996, by the adoption of its Resolution No. 96-163. 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 subject properties are suitable for the uses permitted in the proposed distdct in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment is in conformance with the General Plan and will not result in any internal inconsistences with the General Plan, Development Code, or Industrial Area Specific Plan and would not have significantly greater impacts on the environment nor the surrounding properties than would be expected under the existing land use designation; and 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends approval of Industrial Area Specific Plan Amendment 97-02 to amend Subarea 16 Development Standards as follows: a. The following changes, bold indicating additions and strikcout indicating deletions, shall be made to Section III, Table II1-1 and Section IV, Subarea 16, Permitted Uses: Eatin,.3 and Drinking E3tablish,-ncnts Restaurants Flood Control/Utility Corridor Automotive Rental Personal Services b. The following changes, bold indicating additions and stskcout indicating deletions, shall be made to Section III, Table II1-1 and Section IV, Subarea 16, Conditional Uses: Extensive Impact Utility Facilities ~, Schools Cultural Day Care Uses listed ("permitted" or "conditionally permitted") in Development Code Neighborhood Commercial District subject ¢rv-e 1 5-acre maximum listed in the Special Considerations the to a /5 PLANNING COMMISSION RESOLUTION NO. 97-32 ISPA 97-02 - CITY OF RANCHO CUCAMONGA May 28, 1997 Page 3 c. The following text changes, bold indicating additions and strikcout indicating deletions, shall be made to Section IV, Subarea 16, Special Considerations' "A revised conceptual Master Plan (revises the master plan of Development Review File Number 82-16)which outlines access, circulation, drainage and timing of improvements is required prior to approval of development plans. All new development must be consistent with this Master Plan, or the appropriate revisions approved. Neighborhood Commercial uses (listed as "permitted or "conditionally permitted" in the Development Code) may only be considered within a ~e 1 5-acre area at or near the southwest corner of Archibald Avenue and Sixth Street subject to approval of ,a master plan for those uses within a larger industrial park project. In the event of a conflict between whether a use is permitted of conditionally permitted, the Industrial Park requirement applies. It is not the intent to allow neighborhood commercial uses to be scattered through out an industrial project nor to permit such uses within any existing complex designed solely for industrial uses." d. In addition to the above, any applicable maps, tables, charts, and text to provide consistency with the above changes. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVF~ ,~ND AmO.~TED THIS 28TH DAY OF MAY 1997. ATTEST: 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 28th day of May 1997, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, HACIAS, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BETHEL, MCNIEL ,t ORDINANCE NO. ~'73 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 97-02, TO AMEND THE DEVELOPMENT STANDARDS OF SUBAREA 16, INDUSTRIAL AREA SPECIFIC PLAN TO PROVIDE FOR DEVELOPMENT OF FIFTEEN ACRES OF NEIGHBORHOOD COMMERCIAL USES, SUBJECT TO CONDITIONAL USE PERMIT AUTHORIZATION, LOCATED AT THE SOUTHWEST CORNER OF SIXTH STREET AND ARCHIBALD AVENUE, AND TO UPDATE SUBAREA 16 STANDARDS TO REFLECT PREVIOUSLY ADOPTED USE PROVISIONS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-062-08. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Industrial Area Specific Plan Amendment 97-02 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On May 28, 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and recommending to the City Council that Industrial Area Specific Plan Amendment No. 97-02 be approved. 3. On July 16, 1997, the City Council of the City of Rancho Cucamonga conducted a duly notice public hearing on the application. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced public headng on May 28, 1997, and to this Council during the above-referenced public hearing on July 18, 1997, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application for additional neighborhood commercial acreage applies to approximately 18 acres of land, located on the south side of Sixth Street, northeast of Archibald Avenue, and is presently underdeveloped with vineyards and agricultural buildings. Said properties are currently zoned as Industrial Area Specific Plan, Subarea 16, Industrial Park; and b. The properties to the north of the subject site are zoned Low Residential (2-4 dwelling units per acre) and are developed with a single family neighborhood. The properties to the west are zoned Low Medium Residential (4-8 dwelling units per acre) and are vacant. The properties to the east are zoned Industrial Area Specific Plan, Subarea 5, General Industrial and are developed with a utility substation and multi-tenant industrial complex. The properties to the south are zoned Industrial Area Specific Plan, Subarea 18, Industrial Park and are underdeveloped with a single family residence. CITY COUNCIL ORDINANCE NO. ISPA 97-02 - CITY OF RANCHO CUCAMONGA July 16, 1997 Page 2 c. The application to update the permitted and conditionally permitted uses in Subarea 16 applies to all of the properties within the subarea. c. This application does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan, Development Code, and Industrial Area Specific Plan with related development; and d. This amendment does promote the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and the "Rancho Cucamonga Industrial Area Specific Plan Subarea 16 Redesignation Environmental Impact Report," which listed this action as an alternative and was certified by the City Council on November 20, 1996, by the adoption of Resolution No. 96-163. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the subject properties are suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment is in conformance with the General Plan and will not result in any internal inconsistences with the General Plan, Development Code, or Industrial Area Specific Plan and would not have significantly greater impacts on the environment nor the surrounding properties than would be expected under the existing land use designation. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby approves Industrial Area Specific Plan Amendment 97-02 to amend Subarea 16 Development Standards as follows: a. The following text changes, bold indicating additions, strikeout indicating deletions, shall be made to Subarea 16, Permitted Uses, Page IV-95: Eating and Drinking Establishmcnts Restaurants Flood Control/Utility Corridor Automotive Rental Personal Services c. The following text changes, bold indicating additions, strikoout indicating deletions, shall be made to Subarea 16, Conditional Uses, Page IV-95: Extensive Impact Utility Facilities Schools Cultural Day Care Uses listed ("permitted" or "conditionally permitted") in the Development Code Neighborhood Commercial District subject to a fwe fifteen acre maximum listed in the Special Considerations. d. The following text changes, bold indicating additions, 3trikeout indicating deletions, shall be made to Subarea 16, Special Considerations, Page IV-98, shall be made: CITY COUNCIL ORDINANCE NO. ISPA 97-02 - CITY OF RANCHO CUCAMONGA July 16, 1997 Page 3 "A revised conceptual Master Plan (revises the Master Plan of Development Review File Number 82-16) which outlines access, circulation, drainage, and timing of improvements is required prior to approval of development plans. All new development must be consistent with this Master Plan, or the appropriate revisions approved. Neighborhood Commercial uses (listed as "permitted" or "conditionally permitted" in the Development Code) may only be considered within afivc fifteen acre area at or near the southwest corner of Archibald Avenue and Sixth Street subject to approval of a master plan for those uses within a larger industrial park project. In the event of a conflict between whether a use is permitted or conditionally permitted, the Industrial Park requirement applies. It is not the intent to allow neighborhood commercial uses to be scattered throughout an industrial project nor to permit such uses within any existing complex designed solely for industrial uses." 5. The City Clerk shall certify to the adoption of this Ordinance. 6. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 16, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Charles Varney, Senior Business License Technician SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SUliSECTION 5.08.100 1 AND SECTION 5.08.120 OF THE RANCHO CUCAMONGA MUNICIPAl, CODE PERTAINING TO BINGO RECOMMENDATION It is recommended that the City Council introduce for first reading Ordinance No. , an Ordinance of the City Council of the City of Rancho Cucamonga amending subsection 5.08.100 1 and Section 5.08.120 of the Rancho Cucamonga Municipal Code pertaining to Bingo. BACKGROUND The City of Rancho Cucamonga has issued its bingo license permits pursuant to Section 5.08 of the Municipal Code of the City of Rancho Cucamonga. The revision of Subsection 5.08.1001 would permit bingo games to be conducted between the hours of 11:00 a.m. and 11:59 p.m. of any day. Currently, bingo games may not begin any earlier than 2 p.m. nor after 11:59 p.m. The revision of Section 5.08.120 would allow no more than two licensees on one parcel of property. Currently, only one license shall be issued for any location or parcel of property. The City Attorney has redrafi~ Subsection 5.08.1001 and Section 5.08.120 of the Municipal Code of the City of Rancho Cucamonga to reflect the proposed changes. Respectfully submitted, ~a~ence i. Temple Administrative Services Director ORDINANCE NO. 90-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SUBSECTION 5.08.100 I AND SECTION 5.08.120 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BINGO The City Council of the City of Rancho Cucamonga does hereby ordain as follows: Section 1. Subsection 5.08.1001 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "5.08.100 I. No licensee shall conduct bingo games more than two days per calendar week or more than six hours out of any twenty-four hour period. No bingo game shall be conducted before~ a.m., nor after 11:59 p.m. of any day." /~. ~) Section 2. Section 5.08.120 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "5.08.120. Bingo games conducted by no more than two licensees on one parcel of property." No more than two licensees shall conduct bingo games on any one parcel of property. One of those licensees shall own or lease the subject parcel and shall use it as an office or for performance of the purposes for which the organization is organized. The license issued under this Chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office or as a place for performance of the purposes for which one of the two licensees is organized, both licenses shall terminate. Notwithstanding such termination, any eligible organization may apply for a license pursuant to this Chapter 5.08 to be utilized at another location which qualifies pursuant to the provisions of this Section 5.08.120." CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 16, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager Rick Gomez, Community Development Director BY: Karen McGuire-Emery, Associate Park Planner SUBJECT: PARK AND RECREATION FACILITIES UPDATE BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facilities issues, programs, projects and events, staff will be preparing an update report which will be an agendized item for every second Council meeting, beginning with this meeting. This report will highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACII,ITIES UPDATE Lions East: Currently in the final stages of construction, it is anticipated that construction of the Lions East Facility will be completed by the end of July. Furnishings are being delivered and stored until construction is complete. Landscape material has been selected and is scheduled for delivery. Lions West: Construction of this project was awarded to Old Hickory Construction Co., on July 2. Old Hickory is also the general contractor on the Lions East Project, which will aid in the coordination and transfer of programs between the two facilities. It is estimated that completion of the Lions West improvements will take approximately 5 months. RC Family Sports Center: Ed Grush Construction Co., began improvements at this facility for Lewis Homes on July 7. Weekly meetings will be held at the site with Lewis Homes, the contractor and the City to ensure that the improvements being installed are per the City's desire. It is estimated that renovations will require 90 working days to complete, barring any unforeseen delays. Spruce Avenue Skate Park: The Skate Park Ad Hoc Committee has completed their assignment in providing support to the design consultant, Purkiss-Rose-RSI. The consultant is ready and waiting for direction to begin the final design drawings, which will require approximately 8 weeks to complete. (See Item C.) CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE July 16, 1997 Page 2 Don Tiburcio Tapia Park: This future park is located on Alta Cuesta Drive, in the Red Hill section of the City. Discussions for development of this site as a park date back to 1982, when the City contacted CCWD regarding leasing approximately 3.5acres for park development/trail head purposes. Located along the Cucarnonga Channel, it was intended that development of this site would become a part of the Army Corps of Engineers plans to develop the Cucamonga and Demens Channels for recreational purposes, providing recreation along channel R-O-W as a part of the Federal Project Recreation Act adopted in 1965. In 1983-84, the City coordinated with the Army Corps of Engineers, their consultants and the County of San Bernardino for Recreation Development on the Cucamonga and Demens Channel, and in 1984, the City Council approved a conceptual design for what was then known as Creekside Park. In 1985, a 50 year lease was negotiated with CCWD for the park land. As a part of the Federal Project Recreation Act, the Army Corps agreed to 100% funding of the parking lot and restroom improvements, along with their portion of the channel construction. City Council authorized matching funds based on bids received. However, bids were substantially higher than the Corps estimates, Creekside Park was deleted as a deductive alternate in order to keep the channel project viable. In 1988, the Park and Recreation Commission reviewed the 1984 Creekside Park conceptual design and forwarded to City Council a recommendation to proceed to working drawings. Council authorized receiving requests for proposals for design and in 1990, authorized the execution of a Professional Services Agreement with Purkiss - Rose Associates for the design of the park. During the community meeting process, the name of the park changed to Don Tiburcio Tapia Park in honor of Tiburcio Tapia and his development of the Cucamonga land grant. In 1990, Purkiss - Rose submitted construction drawings to the City to begin the final review and approval process, and development of the park was scheduled for construction in fiscal year 90/91. A drop off in the housing development in the City, however, resulted in a shortfall of park development funds and the project was delayed indefinitely. Since that time, the City has applied for State Park Grant funds as they became available, as well as the Land and Water Conservation Fund Program and the TDA Article 3 Bicycle/Pedestrian Program, since the park will serve as an access/destination point by providing rest stop amenities along the trail system. Generally speaking, state and federal grant programs have not been plentiful over the past 8 years and the City has been unsuccessful in receiving funding from this source. As you are aware, the City is beginning to see some minor movement in housing development in the City, however, available park development funds, which are derived from this development, have been used to pay the annual debt requirement for the Etiwanda Creek Park site (approximately $415,000 annually) which is scheduled to be paid off in fiscal year 1998/99. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE July 16, 1997 Page 3 Epicenter: New Picnic Table Pads - Two new concrete picnic table pads have been completed in the turf area adjacent to parking lot A. We expect to place the tables and trash containers on the pads the week of July 14; Little League Field - A new concrete pad and concrete hard scape have been completed at the 90 foot Little League field to help accommodate the League's snack bar and heavy foot traffic in the planter areas around the back stop; Emergency Vehicle Parking - Four parking spaces in Parking Lot F have been designated with special stripping and new signs parking for Police and other emergency vehicles; Fresh Paint - City Maintenance Crews are progressing with repainting of the interior of the food preparation areas; Improved Security - A recently completed up grade of the security system now permits scheduled access to the second and third floors, preventing unauthorized entry to those areas; B. COMMUNITY SERVICES UPDATE Vietnam Memorial: Staff has been in contact with the Veterans of Foreign Wars (V.F.W.) Post 8680 in Rancho Cucamonga concerning the application filed last year for a 1998 viewing date for the traveling Vietnam Memorial in Rancho Cucamonga. A letter was sent on July 1, 1997, fi'om the Mayor to John DeVitt, Chairperson of the Memorial Fund expressing the City's continued interest in hosting the traveling Vietnam Memorial in our community in 1998. At this time we are awaiting formal notification of Rancho Cucamonga being selected as site and specific dates for the exhibit. I Love RC: Staff is in the process of developing a draft community survey which may be included in the Winter issue of The Grapevine. The survey instrument will be provided to the City Council at the next Park and Facilities Subcommittee meeting which is scheduled for August 20, 1997 for review and approval. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE July 16, 1997 Page 4 Senior Transportation: Staff is in the process of analyzing and evaluating data collected from neighboring cities concerning senior transportation services available in their jurisdictions. A report will be presented to the City Council at the next Park and Facilities Subcommittee meeting which is scheduled for August 20, 1997. Lions East- Programming: With the much anticipated opening of Lions East staff has been busy programming the facility for recreational opportunities for youth in the community. The following programs and activities will occur at this site. (Attached is a site map of the facility for your reference.) Galleano Room - Playschool, Kids Arts & Crafts Classes Aggazzotti Room - Playschool, Special Interest Classes Regina Room - Youth Dance Classes, Gymnastics, Karate, Fitness, Teen Programs San Antonio Room - Playschool, Computers, Tutoring, Homework Room, Teen Programs Thomas Room - Playschool, Woodshop, Special Interest Classes, TRAC, Night on the Town Rancho de Philo Room - Recycling Room, Trumpet, Drams Respectfully submitted, Suzar.& Ota community Services Manager Rick' Corm aunity De elopment Director Attachment 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 16, 1997 TO: FROM: BY: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Joseph E. Stofa Jr., Associate Engineer SPRUCE AVENUE SKATE PARK RECOMMENDATION That the City Council review the staff report and the minutes from the Park and Recreation Commission and recommend that direction be given to Purkiss-Rose-Rsi to complete the final design drawings. BACKGROUND The Skate Park Ad Hoc Committee has completed their assignment in providing support to the Design Consultant, Purkiss-Rose-Rsi. The proposed skate park to be located within Spruce Avenue Park, will benefit both the skate boarders and the in-line skaters. With the information provided by the committee and staff, a skate park has been designed consisting of 6,000 square feet (Phase I) with a potential expansion of 3,500 square feet (Phase II). The estimated cost for Phase I is $65,000 and the estimated cost for Phase II is $35,000. If both phases were built at the same time, the costs might be reduced. The proposed skate park will have a combination of pyramids, bowls, snakes, hips, splines, rails, ramps, benches, steps and half-pipes just to mention a few. In addition, one large plaque with names of individual large contributors (minimum amount to be determined by the Council) will be mounted on a "Donor Wall" which will be constructed nearby. The entire skate. park will be in the shape of an oval. It will be located away from the tot lot and will be separated by a natural drainage swale which will give a cushion between the two play areas. The skate park was also reviewed by the sheriff's department. They were pleased by the low profile and the clear visibility from the street. Patrol units can easily cruise by and view the entire skate park without leaving their vehicles. In addition, they recommended painting the curbs for loading and unloading immediately adjacent to the skate area. Since a majority of the users will be to young to drive, it does not appear there will be a parking problem. CITYI COUNCIL STAFF REPORT SPRUCE AVENUE SKATE PARK UPDATE July 16, 1997 Page 2 A representative from Risk Management indicated that as long as the various items within the skate park were kept under five (5) feet, then it was within the guidelines set by the insurance cartier and does not pose a liability problem. Based on sound studies from other parks, it was determined that the skate park noise would not significantly affect the apartments due to the distance between the proposed skate park and the apartments. The Parks and Recreation Commission reviewed and accepted the design of the Skate Park and recommends that the consultant proceed to completion of Phase III - Development of Construction Documents for the project. Upon completion of this stage, the Skate Park Project will be ready for construction, pending funding. Respectfully Submitted, City Engineer Attachment - Site Map Park and Recreation Commission Minutes 170 RAIL BOX -- ( mm i PHASE '1' -f- 6,00C 24" HIGH BENCH RJN BOX GlaND RAIL DROP IN m mmmm mmm mm~mmmm~ nmmm ~,mB m~ SPRUCE PARK SKATEPARK RANCHO CUCAMONGA, CAUFORNIA / 7/ PARK & RECREATION COMMISSION June 19, 1997 ACTION AGENDA , . A. CALL TO ORDER Pledge of Allegiance Roll Call: Ann D Punter (Chair) Jim Clopton Massie Hazegh ,X ,, Mark Whitehead X , X , Bruce Ann Hahn , Staff present: Recreation Superintendent Sorensen, Associate Park Planner McGuire-Emery, Associate Engineer Stofa and Administrative Secretary Morales. 7:18 p.m. . . B. ANNOUNCEMENTS/PRESENTATIONS None C. CITY COUNCIL UPDATES Approval of a five-year lease agreement (CO 97-025) with the Assistance League of Upland for use of the parking lot across from the Rancho Cucamonga Senior Center. (C.C. 6/4/97) Consideration of community entertainment events at the Epicenter. (C.C. 6/4/97) , Approval of light variance requests for an Alta Loma Little League Tournament to be held at Hedtage Community Park June 30-July 10, 1997, and Citrus Little League Tournament to be held at Red Hill Community Park July 18-July 26, 1997. (C.C. 6/18/97) D. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the Park and Recreation Commission. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. None Parking lot near Senior Center lease approval Rec'd & Filed 5 yr Community events at Epicenter Rec'd & Filed Light variances Alta Loma & Citrus Little Leagues Rec'd & Filed PARK & RECREATION COMMISSION June 191 1997 E. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed by a Commissioner or member of the audience for discussion: . Approval of the Minutes of the Regular Park and Recreation Commission Meeting held May 15, 1997. Minutes continued to 7117197 F. STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input: None G. COMMISSION BUSINESS The following items have been requested by the Commission for discussion. They are not public hearing items, although the Chair may open the meeting for public input: 1. Presentation of the Skate Park Design. . Update of the Project Skate Park II Fundraiser. · 3. Consideration of a non-resident users fee. Skate Park Design Presentation Given, To City Council for Approval Project Skate Park Fundraiser Update Given Non-resident users fee continued to 7117197 , o Update of recreation facilities including Lions East, Lions West and RC Family Sports Center. Update and establishment of future agenda items for the Senior Advisory Committee. Recreation facilities update given Sr Advisory Comm Future Agenda Items - None PARK & RECREATION COMMISSION June 19, 1997 . Update and establishment of future agenda items for Sports Advisory Committee. Sports Advisory Comm Future Agenda Items - None H. IDENTIFICATION OF ITEMS FOR FUTURE MEETINGS This is the time for the Commission to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting: . Whitehead -Additional information regarding concert plans at the Epicenter. , Clopton - Consideration regarding car show, multi-cultural events at Epicenter. Epicenter Concert Plans Future Park & Rec Comm Agenda Various events at Epicenter Future Park & Rec Comm Agenda I. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the Park and Recreation Commission. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive public testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. None J. ADJOURNMENT I, Melissa Morales, Park and Recreation Commission Secretary, hereby certify a true, accurate copy of the foregoing Park and Recreation Commission agenda was posted on June 12, 1997, seventy-two (72) hours pdor to the meeting per A.B. 2674 at 10500 Civic Center Ddve, Rancho Cucamonga, California. Adjourned 7:45 p.m. /75/ CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: July 16, 1997 TO: FROM: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager Debra J. Adams, CMC, City Clerk COUNCIL AGENDA ITEM D9 Please remove Consent Calendar item D9 from the agenda due to pending classroom changes for the DARE MOU. Thank you. /dja Central Office Chevrolet Motor Division General Motors Corporation 30007 Van Dyke Avenue, Warren, Michigan 48090-9065 CHEVROLET CORVETTE "RETURN TO THE ROAD" HEADQUARTERS 1729 East Commercial Boulevard Box 203 Fort Lauderdale, Florida 33334 Phone: 1-800-336-6038 Fax: 1-800-663-7145 DATE: April 14, 1997 TO: FROM: Mr. Bob Lundy Route 66 Territory Museum Monica Maxwell Thank you for taking the time to speak with me today about the Corvette "Return to the Road" Caravan. We are very excited about the event and look forward to including icons such as the Route 66 Territory Museum or perhaps the Route 66 Cafe. Enclosed is the information I mentioned. Please call me with any questions or ideas. Thank you. Phone: 1-800-336-6038 Fax: 1-800-663-71_45 Program Headquarters June 18, 1997 Mr. Bob Lundy Route 66 Territory Museum 7965 Vineyard Avenue, Suite F-5 Rancho Cueamonga, Califonria 91730 Dear Bob: Thanks to your tremendous response, Corvette '~etum to the Road" is shaping up to be the event of a lifetime! Your interest in being a part of our nostalgic drive down Route 66 has been overwhelming. We know that many of you are anxiously awaiting information regarding our itinerary, so that you can begin to plan your festivities, publicity, car shows, etc.. We are currently finalizing the schedule and expect to have this task completed within a month. As you know, the Corvette caravan Idek-off will begin in Chicago in early September. The chive will include three to fore: stops per day at popular tourist sites, Chevrolet dealerships, community events, Route 66 celebrations and classic ear shows. We will end our trip mid-September as we -- c, ruise into the city of San Bernardino, California. We thank you for showing such enthusiasm! Keep an eye out for the itinerary, which you will receive shortly. In the meantime, call us at 1-800-336-6038 with any questions or ideas! Monica Maxwell Event Coordinator .,..~;,,-,.~.: .~ · .. -~' o .: ~., ~,,' · ~ ~ ~ ~.~. ,.:; ..;. E~ ~~ .~... ' :",' '" ~ ~d.~ - - ' . · : .~ ~ ., · .~ ~ ' ~ . ,:' ~ ~'~"" "'. :' ~ B~~o:.~. · ~ ,, , ;~ I.~.:~· [;,: · .~"' ~).'. · '. ,.?,: . . ~...: : ,- :""~, ' ~,~ ,, : . ~ ~...' ',/,;~:. ':i~ '" ;' '~' ~::' - ~ , ~;. - :-.' ... , .;. ,. :,,.:,.'?L .... ~ ..... . . -~.-., .,.. ~..~ .." ;: ' ' :.%'.', ~ : ..:.. : · ..,. t:'- ,,; : ....... .~.~.~,..,:,~.,- ....~.i~,;~,:~. :% ...... ',. ',~.,.:~'."~.: ,~':~ .... ~ ........:, ,.,.. ......, .,. .....'...~. .. ...... .. , ,~'~:~':~',~L~',:':,',;~":~',~ ..~r~,~.~,~,:-~.....,~:~,~ .~.~'~:~,.~ -~. ~ .... ~,~..~,,~,,,~,~,~,::~.~; ~. ~:~~ ~.~,:. , K :' ~:~ ,::: '~" :%: "1 ':'~:'. ,. :...... ...... ~ ...,,.,~,~. ............ you, Look A ro~NcL 7-1q- '~7 o¢ Ioc~/ 10910 Foothill Blvd. · Rancho Cucamonga, CA 91729 · FAX (909)481-4479 · (909)481-7730 Willow Park Homeowners Rancho Cucamonga, Ca. CITY COUNCIL, PLANNING DIVISION CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO 10 CUP # 96-27 11 IN RE TEXACO' S APPEAL OF 12 JUNE 11, 1997, COMMISSION 13 DECISION. 14 HOMEOWNERS OPPOSITION TO TEXAC0'S APPEAL OF JUNE 11, 1997, COMMISSION DECISION. 15 16 17 18 19 20 Homeowners in the above-entitled action file this document in opposition to Texaco's appeal of the commissions decision of June 11, 1997. 21 22 23 STATEMENT OF FACTS 24 On June 11, 1997, a public hearing regarding Texaco's 25 request to operate the proposed facility came before this 26 commission. After extended debate, the commission decided to 27 grant the conditional use permit, but restricted the operation 28 of the gas station/fast food operation from 6-00 A.M. to 10-00 P.M.. 29 10 On June 23, 1997, Texaco filed an appeal of the commissions decision stating simply that "This condition is not acceptable to Texaco Refining and Marketing Inc." On July 14, 1997, homeowners filed an opposition to Texaco's appeal. I THE COMMISSION SHOULD NOT GRANT TEXACO'S APPEAL, BECAUSE SIM~LE DISSATISFACTION WITH THE COMMISSIONS DECISION IS NOT ADEQUATE BASIS FOR APPEAL. In acting on an application for a conditional use permit, 11 the commission is guided by zoning regulations in position at the 12 time. However, the underlying question is whether the proposed 13 use will advance the health, safety and welfare of the community. 14 A use that merely provides for individual benefit without any 15 relationship to public benefit cannot be legally supported. 16 Additionally, It must be assumed that the commission granted 17 the application, subject to time of operation restrictions, to 18 ensure compatibility with surrounding land use and to address the 19 concerns of adjacent landowners. 20 In essence, by filing the appeal, Texaco seeks to have this 21 commission reconsider its decision. Texaco's appeal is totally 22 void of any new or recently discovered facts which would justify 23 a change in the commission's decision. In fact, this commission 24 has already determined that, based on these facts, limiting the 25 stations hours of operation is in the best interest of the 26 community. 27 Likewise, as is required by law, the commission made a 28 decision that helps to advance the health, safety and welfare of 29 -2- the community. Unfortunately, Texaco's actions are violently at odds with the best interest of the community. They merely seek to have this commission revisit the same issue, based on the same facts, supported by the same argument. However, absent some material change in circumstances, there is no justification for the commission to change, alter, or modify its decision. 10 11 12 ANY C~%NGE OR MODIFICATION OF THE CO~ISSIONS JUNE 11, 1997, DECISION TF_AT IS NOT IN THE BEST INTEREST OF THE COl~lINITY IS GROUNDS FOR THE COURT TO ISSUE AN INJUNCTION 13 As stated above, when faced with a conditional use permit, 14 the commission is mandated to access the proposals impact on the 15 health, safety, and welfare of the community. Once this 16 assessment has taken place, the commission must make a decision 17 that is in the best interest of the community, not a decision 18 that benefits any individual, company, or corporation. 19 Here, on June 11, 1997, this commission found that it is 2O in the best interest of the community for the Texaco station to 21 have limits on its hours of operation. Nothing has changed in 22 the four weeks since that hearing that would give any validity 23 to Texaco's request to extend the hours of operation. 24 Therefore, any modification of the commission's prior 25 decision would be both highly corrosive of the communities best 26 interest as well as the integrity of the commission. 27 Wherefore, Willow Park Homeowners strongly urge the 28 commission to deny the appeal filed by Texaco Refining and 29 -3- marketing on June 23, 1997, and not to change or modify their prior decision in any way. Executed on July 14, 1997, in Rancho Cucamonga, California. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 -4- Resolution No. 97-07-16-1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA CHAMBER OF COMMERCE OPPOSING THE GOVERNMENT COST SAVINGS AND TAXPAYER PROTECTION AMENDMENT WHEREAS, the Rancho Cucamonga Chamber of Commerce is committed to ensuring sound business opportunities for firms located within Rancho Cucamonga and throughout the State of California; and WHEREAS, the Rancho Cucamonga Chamber of Commerce is committed to monitoring fiscal practices and responsibilities of the State of California to further ensure the enhancement of private enterprise within the State of California; and WHEREAS, everyday billions of critical building, engineering and design projects are underway from seismic retrofitting to flood control to schools and hospitals; and WHEREAS, State, regional and local governments are currently allowed the flexibility to contract with private funns, on a competitive basis, to design these projects; and WHEREAS, the so called "Government Cost Savings and Taxpayers Protection Amendment" completely changes the process by giving the State of California a virtual monopoly on designing every project; and WHEREAS, this will thereby force cities, counties, schools, special districts, regional governments and even many private businesses to use the State bureaucracy to design roads, parks, hospitals, health clinics, schools, water treatment facilities, flood control walls and other critical structures -- including all engineering, design, geological and environmental work; and WHEREAS; virtually every school and hospital has been designed by private firms, not State government; and WHEREAS, the proposed initiative eliminates local control and forces communities to rely on the out-of-town State bureaucracy for their design work; and WHEREAS, local governments would not be able to hold the State of California accountable; and WHEREAS, the initiative gives the State Controller (an elected position) enormous power to decide who gets thousands of design and construction projects with a monetary worth of billions of dollars; and WHEREAS, the State Controller would have to analyze tens of thousands of proposed contracts per year costing taxpayers perhaps millions of dollars; and WHEREAS, to meet potential workload demands, hundreds or perhaps thousands, of State employees would need to be hired whether or not projects were underway; and WHEREAS, taxpayers would be required to pay for the billions of dollars associated with the extra costs for projects supervised by the State; and WHEREAS, taxpayers would suffer great financial distress due to the loss of local jobs; and WHEREAS, the "Government Cost Savings and Taxpayer Protection Amendment" would be certain to delay design and construction segments of health care facilities, schools, the Foothill Freeway and all other projects currently under consideration. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Rancho Cucamonga Chamber of Commerce opposes the "Government Cost Savings and Taxpayers Protection Amendment" Unanimously adopted by the Rancho Cucamonga Chamber of Commerce Board og Directors on this 16th day of July, Timothy M. Younger,/~., Preslclen~~ Wilham L. Holley, C.E.~ Secretary,;t,o~ Board Texaco StarMarts with Quick Service Restaurants within 500' of Residential Uses 1. Old Lake/Sunnymead, Moreno Valley 2. Aliso Creek/Pacific Park, Aliso Viejo 3. Newport/Antelope, Moreno Valley 4. Cal Oaks/Jackson, Murrieta 5. Allesandro/Mission Grove, Moreno Valley 6. Magnolia/Trask, Garden Grove 7. Rancho California Rd./Lyndie Lane, Temecula · Kathryn Grant 11242 Terra Vista P~, Unit 66 Rancho ¢ucamong~ ¢A 91730 .... .. .~ FROM :EPSTEN-GRINNELL 6gS4708 19S?,07-1G iS:J? #22? P.82/05 ,iON H. EPS-"I'EN DOUGLAS W. GRJNNELL JAMES F. DANOW MARY M. HOWELL SUSAN HAW'~ McCLINTIC MARY C, OODHUF DEUTSCH THOMAS S, GATLIN SHANA L. BALI_N%£R. J.W. I-.L~NS EN CRAIG S. BICKLFR D~.BOP, A M. ZUMWALT EPSTEN & GRINNELL A PR,OFESS[ONAL LAW CORPOI~TION 10470 FOOTHILL BOULEVARD, SUITE 116 RANCHO CUCAMONGA, CALIFORNIA 9172:9 TELEPHONE (909) 4.83-6540 FACSIMILE (909) 483-6543 July 16, 1997 !(J~I~N J, HJ~:ELL 5(20'!3' W. LEE. ANTONfNA C. LoCOCO LU15 E. VENTUP, A KENNETH H. DILLINGHAM, STEPHEN J. TANENBAUM OF COUINSF. L: TIlE LAW OFFICES OF DUANE E. SHINNICK, O'['H,{.R OFFICE LOCATIONS; RANCHO {SERNARDO TF..M£CULA FL. CENTI~ RANC_HO CUC~'~',O~ G A URGENT VIA FACSIMILE Members of the City Council City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Re:. Environmental Assessment and Conditional Use Pe_rmit 96-27 Texaco Refininq and Marketing, Inc. Service Station, Drive-Thru Fast Food Restaurant and Canopy Totaling 7672 Square Feet on 1.1 Acres of Land in the Terra vista Community Plan, Southwest Corner of Milliken Avenue and Base Line Road - APN 1077-672-37 Our File No. 10002.01 Dear Council Members: We have just been retained as legal counsel for Willow Park Homeowners Association. The Association consists of approximately 130 homes whose boundary is within approximately i00 yards of the above property. The homeowners within the Association are thus closely and substantially affected by this proposed development. We understand that Texaco has. appealed the restricti¢ relating to opening hours imposed by the City as part of t conditional use permit. The Association strongly considers that the hou? restriction imposed in this matter are wholly appropria' proper for the benefit of the homeowners within the Assoc Unfortunately, we are not able to appear on behalf of our c the planning appeal tonight to ou~!ine the Association's reasons fully. C..~ CL]~N~r FROM :EPSTEN-GRINNELL ~9S4708 1997,09-1~ iS:5? ~227 P.05/05 Members of the City Council July 16, 1997 Page 2 In order that we may have an opportunity to address these issues before the Council, we are writing to request that the appeal set for hearing tonight be continued for at least two weeks so that the Association may be legally represanted. We understand ' that although notice of the appeal was mailed in the early part of this month, it was not received by ~he Board or members of the Association until about 10 days ago. As we imagine tha~ the appellants will be represented by fully briefed legal counsel, we consider that it is appropriate that the Association also have this opportunity. Leaving aside the question of whether the proposed location is appropriate for a gas station/mini mart at all, the Association considers strongly that the hours of operation should remain restricted from 6 a.m. to 10 p.m. as presently determined by the commission. If it is considered that there should be a gas station on this site, ~he minimum protection which the neighboring homeowners would need is to have Texaco's trading hours restricted to those hours specified above. If the Council does feel that there may be some basis for extending the~e hours, we would again particularly request that the appeal and the Council's decision be continued to enable us to present full argument in relation to this issue. We thank you for your courtesy and consideration in this matter. CSB:db Very truly yours, Craig ~S. Bickler C :\CUENTS0%LTR~ 11X~2D 1%~1W.716 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: July 16, 1997 TO: FROM: SUBJECT: Mayor and Members of the City Council - Jack Lam, AICP, City Manager .~ Debra J. Adams, CMC, City Clerk COUNCIL AGENDA ITEM I1 - A4 For your information, I received a telephone call this date from Mr. and Mrs. Charles Pobjoy who wanted to express to you they are very much in favor of the proposed Spruce Avenue Skate Park. /dja